2051-C*2 - Town of Brookhaven resource recovery agency.
* § 2051-c. Town of Brookhaven resource recovery agency. 1. A corporation known as the town of Brookhaven resource recovery agency is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The agency shall be a body corporate and politic constituting a public benefit corporation. It shall consist of seven members comprised, ex officio, of the members of the town board. The members of the agency shall receive no compensation for their services but shall be reimbursed for all their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title. The powers of the agency shall be vested in and be exercised by the governing body at a meeting duly called and held and four members shall constitute a quorum. No action shall be taken except pursuant to the favorable vote of at least four members. The governing body may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper. 2. The officers of the agency shall consist of a chairman, a vice chairman and a treasurer, who shall be members of the agency, and a secretary, who need not be a member of the agency. The supervisor shall serve as chairman. The other officers shall be appointed by the governing body and shall serve at the pleasure of the governing body. In addition to the secretary, the governing body may appoint and at pleasure remove an attorney, engineer and executive director and such additional officers and employees as it may determine necessary for the performance of the powers and duties of the agency, which positions shall be in the exempt class of civil service and fix and determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The governing body may also from time to time contract for expert professional services. The treasurer shall execute a bond, conditioned upon the faithful performance of the duties of his office, the amount and sufficiency of which shall be approved by the governing body and the premium therefor shall be paid by the agency. 3. Notwithstanding any inconsistent provisions of any general, special or local law, ordinance, resolution or charter, no officer, member or employee of any municipality or any public benefit corporation within the county of Suffolk or any adjoining county, shall forfeit his or her office or employment by reason of his or her acceptance of appointment as a member, officer, agent or employee of the agency, nor shall service as such member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment. Provided, however, that a full time officer, member or employee shall not be compensated in the aggregate in an amount in excess of such officer's, member's or employee's full time compensation without the express approval of the town board. 4. (a) The supervisor shall file on or before July first, nineteen hundred eighty-nine, in the office of the secretary of state, a certificate setting forth: (1) the name of the agency; (2) the names of the members; and (3) the effective date of this title. The agency shall be perpetual in duration, except that if such certificate is not filed with the secretary of state on or before such date then the corporate existence of the agency shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved. Upon such termination, all the rights and powers of the agency shall pass to and vest in the town. (b) Except as provided in paragraph (a) of this subdivision, the agency and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the agency shall have bonds or other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the existence of the agency, all of therights and properties of the agency then remaining shall pass to and vest in the town. 5. In addition to any powers granted to it by law, the town board from time to time may appropriate by resolution sums of money to defray project costs or any other costs and expenses of the agency. Subject to the rights of bondholders, the town board may determine if the moneys so appropriated shall be subject to repayment by the agency to the town and, in such event, the manner and time or times for such repayment. 6. It is hereby determined and declared, that the agency and the carrying out of its powers and duties are in all respects for the benefit of the people of the town and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the agency is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title. * NB There are 3 § 2051-c's