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This entry was published on 2014-09-22
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SECTION 2779
Albany county airport authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 32
§ 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.