[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.]
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.
