[HISTORY: Adopted by the Town Board of the Town of Fallsburg 5-25-1971 by L.L. No. 2-1971 (Ch. 110 of the 1971 Code). Amendments noted where applicable.]
Effective January 1, 1972, there shall be in the Town of Fallsburg a Department of Public Works. The Town Superintendent of Highways shall be the head of the Department of Public Works and while so acting shall be known and designated as the Commissioner of Public Works.
Each of the said divisions shall be supervised by a division head; and such division head may be designated as a Deputy Commissioner or such other title as the Town Board may determine, at such salary or salaries as may from time to time be fixed by the Town Board. Such division head may be the head of one or more divisions, the same to be determined by the Town Board upon the recommendation of the Commissioner of Public Works.
The Town Superintendent of Highways who shall serve as the Commissioner of Public Works 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. Before entering upon the duties of his office, he shall execute and file an official undertaking, if the same be required by the Town Board, in such sum as prescribed by the Town Board, and in such form as approved by the Town Attorney. Except as otherwise provided for in this chapter, the Commissioner of Public Works shall have charge of the administration of the Department of Public Works.
The Department of Public Works shall have the following functions, to be exercised under the administration, supervision, direction and control of the Commissioner of Public Works:
Administration. To assist the Commissioner in the general administration of interdepartmental matters including the supervising of personnel and maintaining personnel records and the maintenance of departmental accounting records including statistical analysis and provisions of overall directions and coordination of divisional activities. To maintain, control, repair and in general have charge of all tools, equipment, machinery, implements and vehicles, including trucks, and to allocate the use of the same among the various divisions and departments of the Town.
Planning. To gather and analyze information and to prepare and submit for the consideration of the Town Board, the Supervisor and the Executive Administrator, reports and recommendations based upon such studies and relating to all matters involving the Town services and facilities, or, as may be in any manner beneficial to the Town government in promoting the economic and social well-being of the Town, its residents, taxpayers and commercial community.
Highway. To have charge and supervision of the design, construction, repair, maintenance, cleaning, sanding, plowing and lighting of all highways, roads, streets, bridges, municipal off-street public parking; parking lots and stormwater drainage systems, under the jurisdiction of the Town or any special district thereof.
Engineering. To perform the duties of the Town Engineer and to have general charge and supervision of the design and construction of Town buildings, parks, grounds and other structures or improvements in the nature of public works as the Town, or any of its special districts or departments, may construct.
Parks. To operate, maintain and provide for the Town, or any special district thereof, parks, pools and other recreational facilities, exclusive of golf courses.
Golf courses. To operate and maintain the golf courses under the jurisdiction of the Town Board, including any golf course which may be a part of any special district within said Town.
Sewage and sanitation. To construct, operate and maintain the sewage pumping, disposal, treatment and collection systems of the various sewage districts under the sole jurisdiction of the Town Board and to administer and enforce the law, ordinances, rules and regulations appertaining thereto, and to construct, operate and maintain and supervise the operation of sanitary services, including all the functions relating to garbage and refuse collection, if any, and the disposal thereof by incineration or sanitary landfill operations.
Water. To construct, operate and maintain the water pumping, treatment and distribution systems of the various water districts under the sole jurisdiction of the Town and to administer and enforce the laws, ordinances, rules and regulations appertaining thereto.
The Town Board may, from time to time, employ or retain such additional persons or firms, including such special engineering, architectural or other technical consultants as it may deem necessary to the performance of the duties imposed upon the Department of Public Works.
The following departments or divisions of Town government presently existing are hereby transferred in their entirety, insofar as is consistent with applicable provisions of law, to the Department of Public Works, namely:
The employees of such existing departments or hereinafter established division shall be continued as employees of the Town in the Department of Public Works with the same classifications, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board, or Town Supervisor, of any power it or he now has with respect to any such employee.
The head of such department, as the same presently exists, shall be and become, upon such transfer, the division head for the department or division whose functions are now being performed by such department or division of Town government. No such person shall, however, be subject to any change in classification, pension or retirement rights and privileges which he had immediately prior to such transfer.
All costs and expenses incurred by the Department or its officers or employees on behalf of a special improvement district or special Town project shall be charged against such district or project and paid from the funds duly appropriated for the purposes of such district or project.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in §§ 29, 61, 64 and 119 and Articles 12, 14 and 15 of the Town Law of the State of New York, or any other powers which may be lawfully exercised by said Board, or the Town Supervisor.
The Town Board may appoint such other employees of the Department as may be necessary to carry out the operations of the said Department of Public Works.
The Department of Public Works shall have such additional powers and duties as may be assigned or delegated to it by the Town Board.