Section 2779. Albany county airport authority  


Latest version.
  • 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.