[HISTORY: Adopted by the Town Board of the
Town of Colonie 12-19-1996 by L.L. No. 14-1996. Amendments noted
where applicable.]
This chapter shall be known as the "Town of
Colonie Department of Public Works Law."
There is hereby established in the Town of Colonie,
Albany County, New York, a department to be designated the Department
of Public Works, which shall administer the Town's engineering, solid
waste, highway, water and sanitary sewer functions and such additional
functions as may be assigned by the Town Supervisor.
[Amended 4-7-2011 by L.L. No. 15-2011]
A.
There is hereby created the office of Commissioner
of Public Works, who shall be appointed by the Town Board as provided
by law. The Commissioner of Public Works shall be the principal executive
officer and administrative head of the Department of Public Works.
The Commissioner shall be appointed on the basis of administrative
experience and qualifications for the duties of such office and such
additional standards as may be required by the Town Board; no specific
license or education is required. The Commissioner shall have the
powers and duties of the Highway Superintendent, pursuant to the Highway
Law. The Commissioner shall be the head of the Department of Public
Works with such powers as shall be necessary for the proper administration
of the Department of Public Works consistent with applicable laws.
The Commissioner shall serve at the pleasure of the Town Board, and
his office shall be in the unclassified civil service.
B.
In the absence of the Commissioner of Public Works,
as in the case of the Commissioner's inability to act for any
reason, the Supervisor shall, with the consent of the Town Board,
have the power to designate a person to act in the Commissioner's
behalf and to exercise all of the powers conferred by this chapter.
C.
The Commissioner
shall be a resident of the County of Albany.
[Amended 1-5-2012 by L.L. No. 1-2012]
Until such time as the same may be amended or modified, the
Department of Public Works shall be divided into the following Bureau
and Divisions:
[Amended 1-3-2002 by L.L. No. 1-2002; 1-5-2012 by L.L. No. 1-2012]
A.
The
powers and duties of each Bureau and Division herein shall be under
the administration, direction and control of the Commissioner of Public
Works or his designee and each Division may, with the approval of
the Town Board, be supervised by a Bureau/Division head. The Town
Board may establish, consolidate or abolish any Bureau, Division or
subdivision now existing or hereafter created in the Department.
B.
Functions
of individual Divisions and Bureaus.
(1)
Bureau of Engineering: the provision of engineering services, including
but not limited to highway and drainage, buildings and facilities,
solid waste disposal, water facilities and such other engineering
services as may be directed by the Town Board.
(2)
Division of Highway: the provision of services traditionally provided
by Town Highway Departments, including but not limited to traffic
signage installation and maintenance, the construction, repair, reconstruction,
improvement, maintenance and snow removal for all highways, roads,
streets, sidewalks, bridges, municipal parking areas, drains and drainage
structures under Town jurisdiction or any special districts thereof,
or other such duties as may be directed by the Town Board. The Division
of Highway shall also be responsible for administration of the Town's
general services pertaining to vehicle maintenance.
(3)
Division of Latham Water: the provision of water and related services,
including but not limited to the operations, construction, repair,
maintenance and cleaning of water pumping facilities, water treatment
plants and water distribution systems owned by or under the jurisdiction
of the Town or transferred from any improvement district or other
district or agency thereof.
(4)
Division of Pure Waters: the provision of sanitary sewer and related
services, including but not limited to the operation, construction,
repair, maintenance and cleaning of any sewage pumping facilities,
sewage treatment plants and sewage distribution systems owned by or
under the jurisdiction of the Town or transferred from any improvement
district or other district or agency thereof.
(5)
Division of Facilities Maintenance: the provision of groundskeeping,
facilities maintenance and building repair operations of Town buildings
and facilities.
Except as in this chapter expressly provided,
this chapter shall not in any manner change the present provisions
of law in effect in the Town, by reason of any provisions of any state
statute or otherwise, relating to the parcels of real property presently
responsible for the payment of real property taxes for maintenance,
operation and capital cost of any improvement district or other district
of the Town. Except as herein expressly provided, all of the charges
for the foregoing shall continue to be assessed in the same manner
as if this chapter had not been adopted, and the bookkeeping procedures
of the Department of Public Works and in the office of the Town Comptroller
shall be adjusted to accommodate the provisions for tax payments for
such items in the same manner as if all of the items were being performed
by individual departments, districts or agencies of the Town. Except
as otherwise specifically provided in this chapter, all costs and
expenses lawfully incurred by the Department of Public Works on behalf
of any special district or improvement or other district agency of
the Town or on behalf of any special Town project shall be charged
against such district or project and paid from the funds duly appropriated
for the purpose of such district or project.
The employees of every water and sewer district
of the Town, as well as employees of the Engineering, Environmental
Services and Highway Divisions, performing functions which are hereby
transferred to the Department of Public Works, shall be continued
as employees of the Department of Public Works with the same classification,
salary, benefits, pensions and retirement rights and privileges as
they had immediately prior to such transfer; and the Commissioner
of Public Works shall have the right to hire, fire and discipline
such employees.
A.
Except as herein specifically provided, nothing herein
contained shall be construed to delegate or transfer any power of
the Town Board as provided by the New York State Town Law or by the
New York State Municipal Home Rule Law or other powers which may be
lawfully exercised by said Board.
B.
The Town Board shall establish or set the rates for
fees for services rendered by the Department of Public Works.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor contained
in the New York State Town Law or any other powers which may be lawfully
exercised by said Supervisor.
Before entering upon the duties of the office,
the Commissioner of Public Works shall take and file with the Town
Clerk an oath of office.
