2779 - Albany county airport authority.

§  2779.  Albany  county  airport  authority.  1.  (a) There is hereby  created the Albany county airport authority. The authority  shall  be  a  body  corporate  and  politic constituting a public benefit corporation.  The authority shall consist of seven members who shall be  residents  of  Albany  county.  The members shall be appointed in the following manner:  three shall be appointed by the  county  executive  and  four  shall  be  appointed  by  the  majority  leader  of  the  county  legislature.  All  appointments must be confirmed by the county legislature  within  thirty  days  of  the  appointment.  No  more  than four members may be enrolled  members of the same political party. Of the members initially  appointed  by  the county executive two each shall serve for a term ending December  thirty-first, nineteen hundred ninety-six and one shall serve for a term  ending December thirty-first,  nineteen  hundred  ninety-seven.  Of  the  members  initially  appointed  by  the  majority  leader  of  the county  legislature, one shall serve for a term  ending  December  thirty-first,  nineteen  hundred  ninety-five;  two  each shall serve for a term ending  December thirty-first, nineteen hundred ninety-six and one  shall  serve  for  a term ending December thirty-first, nineteen hundred ninety-seven.  Each member shall serve a term of four years. The  majority  leader  and  county  executive  shall  jointly  designate one of the seven members to  serve as the chairperson of the authority. The authority may provide for  such officers as may be determined necessary and the same  need  not  be  members of the authority.    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this  subdivision the majority  leader  and  county  executive  shall  jointly  submit  to  the  county  legislature  the  initial  seven members of the  authority. Within thirty days, the county legislature  must  approve  or  disapprove  the  appointment of the entire group of nominees but may not  reject an individual member nor may it modify in any  way  the  proposed  group of members.    2.  All  members  shall continue to hold office until their successors  are appointed and qualify. Except as otherwise provided  in  subdivision  three  of this section, vacancies shall be filled in the manner provided  for  original  appointment.  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 authority 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 as set forth in the by-laws of the  authority shall be established and vested in and  be  exercised  by  the  members  of the authority at an initial meeting duly called and held and  five members shall constitute a quorum. No action shall be taken at  the  aforementioned   initial  meeting  or  any  adjournment  thereof  except  pursuant to  the  favorable  vote  of  at  least  five  members  of  the  authority.  Any  amendment  to the aforementioned powers as set forth in  the by-laws shall only become effective upon the favorable  vote  of  at  least five members of the authority.    3.  The  authority  shall have a regional advisory board consisting of  not less than six non-voting members. The membership shall include,  but  not  be  limited to, the chairperson of the airline affairs committee of  the Albany county airport and  other  members,  one  of  whom  shall  be  appointed  by  the legislative body of the county of Schenectady, one of  whom shall be appointed  by  the  legislative  body  of  the  county  of  Saratoga,  one of whom shall be appointed by the legislative body of the  county of  Rensselaer  and  two  of  whom  shall  be  appointed  by  the  legislative body of the town of Colonie.4.  Notwithstanding any inconsistent provision of any general, special  or local law, ordinance, resolution or charter, no  officer,  member  or  employee  of the state or of any public corporation shall forfeit his or  her office  or  employment  by  reason  of  his  or  her  acceptance  of  appointment as a member, officer or employee of the authority, nor shall  service as such member, officer or employee be deemed incompatible or in  conflict with such office, membership or employment.    5.  Notwithstanding any inconsistent provision of any general, special  or local law, ordinance, resolution  or  charter,  no  officer,  member,  elected  official  or employee of the county of Albany shall be eligible  to serve as a member of the authority.    6. All members of the authority will be required to  comply  with  the  Albany  county  code  of  ethics  and  to  complete all disclosure forms  required by said code of ethics.    7. The authority and its  corporate  existence  shall  continue  until  terminated  by  law,  provided,  however, that no such termination shall  take effect  so  long  as  the  authority  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  authority,  all  of the rights and properties of the authority then  remaining shall pass to and vest in the  county  of  Albany  in  such  a  manner as prescribed by law.    8.  Within  thirty  days  from the establishment of the authority, the  county and  authority  shall  undertake  an  environmental  audit  ("the  audit")  of  the airport and its facilities. The audit shall be prepared  pursuant to an agreed upon scope of work  between  the  county  and  the  authority  prior  to  its undertaking and shall be used to establish the  existing environmental conditions of the airport and its facilities.  As  a  minimum  the  audit  shall  include,  but  not  be  limited  to,  the  examination and inspection of all property identified on  the  currently  approved  airport  layout  plan;  all  property  adjacent to the airport  layout plan or otherwise used directly  by  the  county  in  support  of  airport  operations  which  will  continue  to  be made available to the  authority for the same  purposes  in  the  future;  all  structures  and  facilities  on said properties including facilities used for the storage  and handling of aviation, jet, automotive, heating or other  fuel,  oil,  petroleum  products  or  solvents;  all  storm  water  drainage  systems  including  oil/water  separators  and  systems  for  the  collection  or  diversion  of  airport  and  aircraft deicing agents. The results of the  audit shall serve as a disclosure  statement  and  will  be  taken  into  consideration  in  any negotiations for any agreement between the county  and the authority regarding the future operation of the airport.