§ 2045-c. Onondaga county resource recovery agency. 1. A corporation
known as the Onondaga county 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
eleven members, provided, however, that after July thirty-first,
nineteen hundred eighty-nine, such board shall consist of fifteen
members, who shall be appointed as follows: (i) four by the county
executive; (ii) three by the chairman of the county legislature; (iii)
two by the mayor of the city of Syracuse, subject to confirmation by the
common council of such city, provided, however, that after July
thirty-first, nineteen hundred eighty-nine, such mayor may make four
additional appointments to the board subject to confirmation by the
common council of such city; (iv) one by the town board of the town of
Camillus, except that any other provision of any other law to the
contrary notwithstanding, this appointment shall expire on July
thirty-first, nineteen hundred eighty-nine, and replaced by a member to
be appointed by the town board of the town in which the agency sanitary
landfill portion of the solid waste management-resource recovery
facility is designated to be located or is designated as the preferred
site by resolution of the county legislature, as provided in subdivision
one-a of this section; and (v) one by the town board of the town of
Onondaga, except that any other provision of any other law to the
contrary notwithstanding this appointment shall expire on July
thirty-first, nineteen hundred eighty-nine, and be replaced by a member
to be appointed by the town board of the town in which the agency
waste-to energy portion of the solid waste management-resource recovery
facility is designated to be located by resolution of the county
legislature. The appointments by the county executive and the chairman
of the county legislature each shall be subject to confirmation by the
county legislature. In making appointments of members, the county
executive and the chairman of the county legislature shall give due
consideration to the representation of diverse geographical areas. The
first members appointed by the county executive shall be appointed for
the following terms of office: one for a term ending on December
thirty-first, nineteen hundred eighty-two; one for a term ending on
December thirty-first, nineteen hundred eighty-three; and two for a term
ending on December thirty-first, nineteen hundred eighty-four. The first
members appointed by the chairman of the county legislature shall be
appointed for staggered terms of office ending on December thirty-first
in each of the years nineteen hundred eighty-two to nineteen hundred
eighty-four, inclusive. The first members appointed by the mayor of the
city of Syracuse shall be appointed for staggered terms of office
ending, respectively, on December thirty-first in each of the years
nineteen hundred eighty-two and nineteen hundred eighty-three, except
that if such appointments were not made prior to such dates, then the
first two members appointed by such mayor shall be appointed for
staggered terms of office ending, respectively, on December thirty-first
in each of the years nineteen hundred ninety and nineteen hundred
ninety-one; and provided further that of the four additional members
appointed pursuant to this subdivision by such mayor to the board after
July thirty-first, nineteen hundred eighty-nine, two shall be appointed
for terms of office ending on December thirty-first, nineteen hundred
ninety-one, and two shall be appointed for terms of office ending on
December thirty-first, nineteen hundred ninety-two. The first member
appointed by the town board of the town of Camillus shall be appointed
for a term of office ending on December thirty-first, nineteen hundred
eighty-two. The first member appointed by the town board of the town in
which the agency sanitary landfill portion of the solid waste
management-resource recovery facility is designated to be located or is
designated as the preferred site shall be appointed for a term of office
ending on December thirty-first, nineteen hundred ninety-one. The first
member appointed by the town board of the town of Onondaga shall be
appointed for a term of office ending on December thirty-first, nineteen
hundred eighty-three. Except as provided herein, subsequent appointments
of members shall be made by the same appointing authorities for a term
of three years ending in each case on December thirty-first of the last
year of such term. No person who has served as a member for two
consecutive terms shall be eligible for reappointment as a member for a
third term, except after an interval of at least three years. All
members shall continue to hold office until their successors are
appointed and qualify. Vacancies shall be filled in the manner provided
for original appointments. Vacancies, occurring otherwise than by
expiration of term of office, shall be filled for the unexpired terms.
Members may be removed from office for the same reasons and in the same
manner as may be provided by law for the removal of officers of the
county. 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
six members shall constitute a quorum provided that after July
thirty-first, nineteen hundred eighty-nine, eight members shall
constitute a quorum. No action shall be taken except pursuant to the
favorable vote of at least six members provided that after July
thirty-first, nineteen hundred eighty-nine, no action shall be taken
except pursuant to the favorable vote of at least eight 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.

1-a. Pursuant to a resolution adopted by the county legislature on or
before the effective date of this subdivision designating a town as the
preferred site for the agency sanitary landfill portion of the solid
waste management-resource recovery facility, the town board of such town
may appoint a member to serve on the agency board until: (a) an explicit
finding by resolution of the county legislature with respect to the
preferred site, pursuant to subdivision eight of section 8-0109 of the
environmental conservation law; or (b) withdrawal of the preferred site
from consideration by resolution of the county legislature and
designation of another preferred site in another town by resolution of
such legislature; or (c) expiration of the term of the member from the
town designated as the preferred site, whichever shall occur first. In
the event that an explicit finding has not been made by resolution of
the county legislature with respect to the preferred site prior to the
expiration of the term, the town board of the town designated as the
preferred site by resolution of the county legislature prior to the
effective date of this subdivision may reappoint such member or a new
member for an additional term not to exceed one year. In the event the
county legislature shall designate another preferred site in another
town by a resolution, the term of the member then serving from the town
previously identified by such county legislature as the preferred site
shall terminate on the effective date of such resolution and the newly
designated town shall succeed to the rights of the town initially
identified as the preferred site, as shall be true of any subsequent
town identified by resolution of the county legislature as the preferred
site for the sanitary landfill; provided, however that the first term of
any such member shall expire on December thirty-first of the year in
which he or she has been appointed. Upon adoption of a resolution by the
county legislature making an explicit finding with respect to the site
of the sanitary landfill portion of the solid waste management-resource
recovery facility, pursuant to subdivision eight of section 8-0109 of
the environmental conservation law, the town board of the town in which
such sanitary landfill is designated to be located by such resolution
may appoint one member to the agency board to succeed the member
appointed by the previously identified by resolution of the county
legislature as the preferred site for such landfill.

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. Such officers shall
be appointed by the governing body and shall serve at the pleasure of
the governing body. The governing body may appoint and at pleasure
remove an attorney and an engineer, which positions, in addition to the
position of secretary, shall be in the exempt class of the civil
service, and such additional officers and employees as it may determine
necessary for the performance of the powers and duties of the agency,
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 provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, any municipality, or any public benefit
corporation, 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 no public official
elected to his or her office pursuant to the laws of the state or any
municipality thereof may serve as a member of the governing body of the
agency during his or her term of office.

4. (a) The county executive shall file on or before March
thirty-first, nineteen hundred eighty-two, in the office of the
secretary of state, a certificate signed by the county executive setting
forth: (1) the name of the agency; (2) the names of the members
appointed by the county executive and at least three other members of
the agency and their terms of office; 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.

(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 the
rights and properties of the agency then remaining shall pass to and
vest in the county.

5. In addition to any powers granted to it by law, the county
legislature from time to time may appropriate by resolution sums of
money to defray project costs or any other costs and expenses of the
agency, to be incurred prior to the first issuance of bonds. Subject to
the rights of bondholders, the county legislature may determine if the
moneys so appropriated shall be subject to repayment by the agency to
the county and, in such event, the manner and time or times for such
repayment.

6. The agency shall not be deemed a successor in interest to the
Onondaga county solid waste disposal authority for any purpose
whatsoever. In the event that the county acquires any property from such
authority and thereafter transfers such property to the agency, the
agency shall not by reason of receiving such property become obligated
for any indebtedness or liability of such authority. The agency, upon a
determination that it is in the public interest, may assume and pay any
compromised or settled claim against such authority which shall be
outstanding as of the date of the first issuance of bonds. Nothing in
this title shall be construed to require the agency to assume any
liability of such authority.

7. 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 county and the state of New York 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.