Section 2040-C. The multi-town solid waste management authority

1. A
  corporation known as the "multi-town solid waste  management  authority"
  is  hereby  created  for  the  purposes  and charged with the duties and
  having the powers provided in this title. The authority shall be a  body
  corporate  and  politic  constituting  a public benefit corporation. Its
  membership shall consist of a  board  of  six  directors  comprised,  ex
  officio,  of the supervisor of each town and four directors, two of whom
  shall be appointed by the town board of the town of Babylon and  two  of
  whom  shall be appointed by the town board of the town of Huntington and
  each of whom shall assume office on the effective date of this  section.
  The  terms and offices of the previous directors and officers shall also
  expire on the effective date of this section and in no event  shall  the
  previous  officers  of  the corporation remain in office beyond December
  thirty-first, nineteen hundred eighty-one except by reappointment by the
  new board of directors. The first members appointed by each  town  board
  shall  be  appointed  for  the following terms of office: one for a term
  ending on December thirty-first, nineteen hundred  eighty-two;  and  one
  for   a   term   ending   on  December  thirty-first,  nineteen  hundred
  eighty-three. Subsequent appointments of  members  by  each  town  board
  shall  be  made  for a term of two years ending in each case on December
  thirty-first of the last year of such term. All members  shall  continue
  to  hold  office  until  their  successors  are appointed and qualified.
  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. An  appointed  member
  may  be  removed  from  office  by the town board by which appointed for
  inefficiency, neglect of duty or misconduct in office after giving  such
  member  a copy of the charges against him and an opportunity to be heard
  in person, or by counsel in his defense, upon not less  than  ten  days'
  notice. If any member shall be so removed, there shall be filed with the
  secretary  of  the  authority  a  complete statement of the charges made
  against such member  and  the  findings  of  such  town  board  thereon,
  together  with  a complete record of the proceedings. Each member of the
  authority  shall  be  entitled  to  reimbursement  for  his  actual  and
  necessary  expenses  incurred  in the performance of his official duties
  and such compensation as  may  be  fixed  by  the  authority,  provided,
  however,  that the town supervisors and any other member who holds other
  public office or employment shall receive no additional compensation for
  services rendered pursuant to this  title,  but  shall  be  entitled  to
  reimbursement  for  his  actual  and  necessary expenses incurred in the
  performance of his official duties as such  member.  The  supervisor  of
  each  town may, by official proxy, filed with and approved as to form by
  the authority, designate the deputy supervisor of such town  to  act  in
  his  absence  as  a  member of the authority in his place and stead. Any
  such designation shall be deemed temporary only and shall not affect the
  civil service or retirement rights of the person so designated. A quorum
  of the governing body shall consist of at least  four  members  for  the
  transaction of any business or the exercise of any power. At any meeting
  of  the  authority  where  a quorum is present, the governing body shall
  have the power to act by the vote of a majority of all its members.  The
  president  of  the  authority shall preside at meetings of the governing
  body, but shall have only a casting  vote  therein,  provided,  however,
  that  the  president  shall  not  have  a casting vote on any resolution
  authorizing the issuance of bonds or notes, and his  attendance  at  any
  meeting shall not be counted in determining whether a quorum is present.
  The  authority  may  delegate  to  one  or  more  of its members, or its
  officers, agents or employees, such powers and duties  as  it  may  deem
  proper.

    2.  The  officers  of  the  authority  shall  consist  of a president,
  executive vice-president, treasurer and a  secretary  appointed  by  the
  authority   for   a  term  not  to  exceed  five  years.  The  executive
  vice-president shall possess such professional qualifications  as  shall
  be  established  by  the  commissioner of environmental conservation and
  shall perform such powers and duties with respect to the supervision  of
  design  and  construction  of  projects  as  may  be  determined  by the
  governing body. The authority may  terminate  the  office  of  executive
  vice-president  upon  completion  of the contruction of any project. The
  president,  treasurer,  and  secretary   shall   execute   bonds,   each
  conditioned on the faithful performance of the duties of his office, the
  amount  and  sufficiency  of  each  of  which  shall  be approved by the
  governing body, and the premium therefor shall be paid by the authority.
  The authority may appoint an attorney, who may  be  an  officer  of  the
  authority,  to  act  as  its  general  counsel.  Other  officers  may be
  appointed as the authority may deem proper. The authority may also  from
  time to time contract for expert and professional services. No member of
  the authority shall be eligible to serve as an officer of the authority.
    3.  Notwithstanding  any  inconsistent provisions of this or any other
  law, general, special or local, no officer or employee of the state,  or
  of  any municipality thereof, shall be deemed to have forfeited or shall
  forfeit his office or employment or  any  benefits  provided  under  the
  retirement  and  social  security  law  by  reason  of his acceptance of
  appointment as a member, officer, agent or employee  of  the  authority,
  provided, however, that no member of either town board shall be eligible
  for appointment as an officer, agent or employee of the authority.
    4.  It  is  hereby  determined and declared that the authority and the
  carrying out of its powers, purposes, and duties are in all respects for
  the benefit of the people of the towns and the state of  New  York,  for
  the  improvement  of  their health, welfare and prosperity and that said
  purposes are public purposes and that  the  authority  is  and  will  be
  performing  an  essential  governmental  function in the exercise of the
  powers conferred upon it by this title.
    5. The authority and its  corporate  existence  shall  continue  until
  terminated by law, provided, however, that no such law shall take effect
  so  long  as  the authority shall have bonds, notes or other obligations
  outstanding, unless adequate provision has been  made  for  the  payment
  thereof.  Upon termination of the existence of the authority, all of the
  rights and properties of the authority then remaining shall pass to  and
  be  vested in the towns in accordance with such law. Notwithstanding the
  foregoing provisions of this subdivision,  unless  the  authority  shall
  have  awarded  a contract for the construction of a project on or before
  March first, nineteen hundred eighty-three, such action to be  evidenced
  by  a  certificate of the president of the authority filed in the office
  of the secretary  of  state  on  or  before  such  date,  the  corporate
  existence  of  the  authority  shall  terminate  effective  March first,
  nineteen hundred eighty-four, provided that prior to  such  latter  date
  the  towns  shall have furnished funds which, together with other moneys
  available therefor, shall be sufficient to pay or redeem all outstanding
  liabilities and obligations of the authority.
    6. From time to time, each town board, may, by resolution, appropriate
  moneys to be advanced to the authority  for  the  purpose  of  defraying
  preliminary  expenses  of the authority. The moneys so advanced shall be
  repaid by the authority, subject to the rights of the holders  of  bonds
  and notes, at such time and in such manner as may be agreed upon between
  the authority and the respective town boards.