[HISTORY: Adopted by the Town Board of the Town of Bedford 6-5-2007
by L.L. No. 1-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was specified to be added as Ch.
92, but was renumbered to maintain the organization of the Code.
§ 21-1 Legislative intent.
§ 21-2 Definitions.
§ 21-3 Department established.
§ 21-4 Commissioner.
§ 21-5 Powers of Commissioner; departmental organization.
§ 21-6 General powers and duties.
§ 21-7 Power of Supervisor.
§ 21-8 Superintendent of Highways.
§ 21-1 Legislative intent.
It is the legislative intent of the Town Board of the Town of Bedford
to consolidate and centralize, by this chapter, the structure, functions and
duties of the officials and employees within the present Highway Department
and Water Department so as to permit and foster the orderly operation of the
public works functions and responsibilities of the government of the Town
of Bedford. Such consolidation is intended to realize efficiencies and economics
of administration and operation of the functions presently performed by both
departments and thereby avoid duplication of efforts. It is the finding of
the Town Board of the Town of Bedford that such savings include, among others,
efficiency in the joint use and maintenance of vehicles, consolidations of
purchasing, additional contingency resources for functions of both departments
and flexibility in assignment of administrative responsibilities.
§ 21-2 Definitions.
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
- COMMISSIONER
- The Commissioner of Public Works as chief executive officer of the Department of Public Works and may be referred to by either title.
- DEPARTMENT
- The Town of Bedford Department of Public Works.
§ 21-3 Department established.
A.
There is hereby established for the Town of Bedford a
Department of Public Works (hereinafter "Department"). Simultaneously, the
present Department of Highways and Department of Water are hereby dissolved
and abolished.
B.
All of the functions of the former Departments of Highways
and Water are hereby transferred to the Department of Public Works.
C.
All employees of the former Departments of Highways and
Water shall be continued as employees in the Department of Public Works, with
the same classification, pension and retirement rights and privileges as they
had immediately prior to such transfer; provided, however, that nothing herein
shall deprive the Town Board of any power it may have with respect to any
such employees.
E.
The Town Board may, from time to time, establish, consolidate
or abolish any divisions, operating groups, bureaus or other service units
in the Department and assign or transfer any powers, duties or functions of
the Department to or from any division therein or to any other department
and may reorganize, transfer or assign any officers or employees in each division
from one to another.
[Amended 6-5-2007 by L.L. No. 5-2007]
§ 21-4 Commissioner.
[Amended 6-5-2007 by L.L. No. 5-2007]
The principal executive officer and administrative head of the Department
shall be the Commissioner, who shall be appointed by the Town Board for a
term of two years, pursuant to and in accordance with §§ 53-c
and 64, Subdivision 21-a, of the Town Law, and at such salary as may from
time to time be fixed by the Town Board. The initial term of said position
shall expire on December 31, 2007. The Commissioner shall be appointed on
the basis of his administrative experience and qualifications for the duties
of such office and such additional standards as may be required by the Town
Board. The Commissioner shall be the head of the Department with power and
authority to appoint and remove employees under his jurisdiction in accordance
with the Civil Service Law. The Commissioner may also appoint a Deputy Commissioner
who shall have the power to act generally for and in place of his or her principal,
and this position shall be in the exempt class of the civil service system.
§ 21-5 Powers of Commissioner; departmental organization.
A.
The Commissioner shall have such powers as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law.
B.
The Department shall be responsible for the following
duties:
(1)
The Department shall maintain all Town roads and parking
areas in conformance with the state Highway Law and any other applicable laws
or ordinances; manufacture or purchase and install all traffic signs and line
all Town roads, as provided in the New York State Manual of Uniform Traffic
Devices and any other applicable laws or ordinances.
(2)
The Department shall maintain the entire water and sewer
systems throughout the Town, including the operation and maintenance of pumping
stations and all related facilities, and continue to purchase water for and
bill subscribers pursuant to the rules and regulations of the Town's
water districts, all pursuant to the Town Code and any other applicable laws
and ordinances.
(3)
The Department shall maintain and operate the Town of
Bedford Recycling Center pursuant to the Town Code and any other applicable
laws and ordinances.
§ 21-6 General powers and duties.
A.
The Commissioner, acting by and through any of said Divisions,
shall be empowered to perform such other duties and functions that are prescribed
to be performed by him in any law, ordinance or resolution of the Town Board
or lawful direction of the Supervisor.
B.
The Commissioner shall have charge of and be responsible
for the general administration of department matters, including office management;
budget coordination and purchasing control; cost studies and analysis; maintenance
and landscaping of Town roads; recommendation of and participation in capital
improvement programs; and such other matters as listed below or as may, from
time to time, be assigned by the Town Board. The Commissioner shall also:
(1)
Ascertain that all Town ordinances and Town and state
codes, rules or regulations that pertain to the Public Works Department are
complied with and implemented where necessary.
(2)
Establish and maintain close liaison and cooperation
with the State and County Departments of Public Works.
(3)
Formulate programs for the various special districts,
storm sewers, etc., that will efficiently meet the needs of the people in
the special district.
(4)
See that all Town equipment and facilities are adequately
maintained.
(5)
Review specifications for supplies, new equipment and
repairs before the specifications are submitted for competitive bidding.
(6)
Tabulate and account for all public works expenditures
and compare with the budget; submit a monthly report to the Town Supervisor.
(7)
Ensure that all public works projects under contract
to private individuals and projects being performed by Town personnel are
adequately inspected.
(8)
Answer questions, investigate complaints and process
suggestions relating to the public works received either directly from the
public or assigned by the Supervisor, and report to the Supervisor.
(9)
Establish and oversee a capital expenditures program
for each department within the public works organization and submit it annually
to the Town Supervisor when directed.
(10)
Submit to the Town Supervisor annually, when directed,
an operating budget for the Department and each special district for the ensuing
calendar year.
(11)
Recommend to the Town Board any new ordinances or revisions
to existing ones that will improve the operation or efficiency of the Public
Works Department or in any way favorably affect the general welfare of the
Town and its residents.
(12)
Ensure that Town personnel policies, civil service laws
and contract rules are uniformly enforced within the Department.
(13)
Establish personnel training procedures and ensure that
there will be manpower available and trained when vacancies occur or during
an absence.
(14)
Maintain an inventory of all department equipment by
division.
(15)
Establish procedures for determining the operating and
maintenance costs on all major equipment items and make economic comparisons
when requested by the Supervisor or the Town Board.
§ 21-7 Power of Supervisor.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29, 52 and
125 of the Town Law of the State of New York, or any other powers which may
be lawfully exercised by said Supervisor.
§ 21-8 Superintendent of Highways.
Nothing herein contained shall be construed to affect the position of
Superintendent of Highways, which position exists by virtue of state law,
it being the intention of the Town Board that the position of Superintendent
of Highways and Commissioner of Public Works are compatible and shall be held
simultaneously by the same individual.