Town of New Castle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Castle 8-12-1980 by L.L. No. 11-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Highway defects notification — See Ch. 75.
Water — See Ch. 131.
It is the legislative intent of this Town Board to consolidate and centralize, by this chapter, the structure, functions and duties of the officials and employees within the present Highways and Water Departments so as to permit and foster the orderly operation of the public works functions and responsibilities of the government of the Town of New Castle. Such consolidation is intended to realize efficiencies and economies 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 New Castle that such savings win include, among others, efficiency in the joint use and maintenance of vehicles, consolidation of purchasing, additional contingency resources for functions of both departments, consolidation of telephone and secretarial services and flexibility in assignment of administrative responsibilities.
[Amended 11-23-1982 by L.L. No. 16-1982]
A. 
There is hereby established for the Town of New Castle 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.
D. 
Notwithstanding anything herein to the contrary, the position of Superintendent of the Water and Sewer Division of the Public Works Department is hereby abolished.
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, 1981. 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.
[Added 11-23-1982 by L.L. No. 16-1982; amended 2-28-1989 by L.L. No. 5-1989]
The Deputy Commissioner shall be appointed by the Town Board for a term to be concurrent with the Commissioner's and shall act generally for and in behalf of the Commissioner and in his absence or disability. The Deputy shall carry out all duties assigned to him by the Commissioner.
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:
[Amended 11-23-1982 by L.L. No. 16-1982]
(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; and maintain and install all streetlighting equipment for the unincorporated area of the town.
(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.
[Amended 11-23-1982 by L.L. No. 16-1982]
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.
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.
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.
If any section, provision or part thereof of this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.
This chapter shall take effect when filed with the Secretary of State of the State of New York and upon approval by the New York State Civil Service Commission and Westchester County Civil Service Commission, as may be required by law.