878 - Genesee Valley Regional Market Authority.

§  878.  Genesee  Valley  Regional  Market Authority. 1. A board to be  known as the  "Genesee  Valley  Regional  Market  Authority"  is  hereby  created.  Such board shall be a body corporate and politic, constituting  a public benefit corporation.    2. The board shall consist of fifteen members, as follows:    (a) The commissioner of agriculture and markets, or his representative  designated in writing by him, shall be a member ex officio.    (b) The county legislative body  of  each  county  shall  appoint  the  number  of  members  as  follows,  who shall be residents of the county:  Monroe county, three members; Livingston county,  two  members;  Ontario  county, two members; Wayne county, two members who shall be residents of  that  part  of  Wayne  county  lying  west  of the new pre-emption line;  Genesee county, one member; Orleans county, one member; Steuben  county,  one member; Wyoming county, one member; and Yates county, one member.    3.  One  member of the board from each county may be either a producer  or non-producer  of  agricultural  products;  other  members  from  each  county,  if  any,  shall  be  persons  engaged in farming and deriving a  greater part of their income  therefrom;  provided,  however,  that  all  persons  appointed  as  members  of  the board after May first, nineteen  hundred sixty-one, shall  be  producers  of  agricultural  products  who  actually sell all or part of their produce at regional market facilities  maintained and operated by the Genesee Valley Regional Market Authority.    4.  A member of the board shall continue in office during the pleasure  of the body appointing him or her. Any vacancy which may occur by reason  of the death, disqualification, resignation or removal of a member shall  be filled by the body which appointed such member. Each  member  of  the  board  shall,  before  entering  upon  the  duties  of  office, take the  constitutional oath of office and file the same in  the  office  of  the  secretary  of  state.  Any  member  may  be  removed by the governor for  inefficiency, neglect of duty or misconduct in office, after  a  hearing  upon charges and an opportunity to be heard in person or by counsel upon  not  less  than  ten  days'  notice.  The members of the board shall not  receive a salary  or  other  compensation,  but  shall  be  paid  actual  expenses  incurred  in  attending  meetings  of  the board and executive  committee and in performing committee  work  assigned  to  them  by  the  board,  and shall be reimbursed for travel expenses at the per mile rate  allowed state employees for use of personal vehicles.  The powers of the  authority shall be  vested  in  and  exercised  by  the  board  and  the  provisions  of  section  forty-one of the general construction law shall  apply; provided that the board may  delegate  to  one  or  more  of  its  members  or to its officers, agents and employees such powers and duties  as it may deem proper.    5. At the first meeting of the board,  the  board  shall  choose  from  their  number  a  chairman,  vice-chairman, secretary, and treasurer who  shall serve during the pleasure of the board. Before entering  upon  the  duties  of  his  office the treasurer shall execute to the authority and  file with the secretary of the authority a bond in  such  sum  and  with  such  sureties  as  the board shall direct and approve. The board may at  any time require the treasurer to file a new bond for such sum and  with  such sureties as the board shall approve. In the event the surety on any  such  bond  is  a  surety company authorized to transact business in the  state of New York the expense of procuring such  surety,  not  exceeding  one per centum per annum upon the sum for which the bond is given, shall  be a charge against the authority.    6.  In  fulfilling  the  authority's  mission,  the  board  shall work  cooperatively and in consultation with the department of agriculture and  markets to assure the proper development of regional  market  facilities  in  the  Genesee  Valley  Regional  Market  District.  The board and thedepartment of agriculture and markets shall jointly develop a  plan  for  the  future  development  and viability of regional market facilities in  the district. Such plan shall include both  short  term  and  long  term  goals  and  objectives  as  well  as  actual  and projected revenues and  expenditures.  Such  plan  shall  annually   allocate   no   less   than  seventy-five   percent  of  the  authority's  available  funds  for  the  creation, development, and enhancement of regional market facilities  in  the  district.  For  purposes of this subdivision, available funds shall  mean the net amount available after contractually obligated expenditures  are subtracted from, but not be  limited  to,  cash,  cash  equivalents,  certificates  of deposit, and other receivables available. The board and  department shall meet annually prior to the  close  of  the  authority's  fiscal  year  to evaluate the effectiveness of the use of funds for that  fiscal year, review the goals and objectives of the plan,  and  properly  prepare  for  the  allocation  and use of such funds for the next fiscal  year.  The  plan  shall  be  updated  annually   to   make   appropriate  modifications  to  such plan for the next fiscal year. Prior to any such  funds being expended, both the board and  the  department  must  approve  such  plan,  its  goals and objectives as well as the projected revenues  and proposed allocations.    The Genesee Valley Regional Market Authority shall furnish  an  annual  real  estate  report  detailing  all  real  estate holdings and detailed  property  information,  including  but  not  limited  to  the   tenants,  important  lease terms, rents, durations of leases, as well as copies of  each lease. Notwithstanding any other provision of law to the  contrary,  the  Genesee Valley Regional Market Authority shall furnish all required  reports, audits, and reviews, including the annual real  estate  report,  to all parties enumerated in paragraph (a) of subdivision one of section  twenty-eight  hundred  of  this  chapter as well as to the department of  agriculture and markets, within ninety days after the end of its  fiscal  year.