[HISTORY: Adopted by the Town Board of the
Town of Glenville 12-20-2000 by L.L. No. 8-2000 (Ch. 31A of the 1966 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Commissioner of Public Works of the Town of Glenville,
Schenectady County, New York.
The Department of Public Works of the Town of Glenville,
Schenectady County, New York.
The Highway Superintendent of the Town of Glenville, Schenectady
County, New York.
[Amended 11-16-2022 by L.L. No. 7-2022]
The Town of Glenville, Schenectady County, New York.
The Town Board of the Town of Glenville, Schenectady County,
New York.
The Town Clerk of the Town of Glenville, Schenectady County,
New York.
The Town Supervisor of the Town of Glenville, Schenectady
County, New York.
There is hereby created and established the
Department of Public Works of the Town of Glenville, hereinafter referred
to as the "Department of Public Works," as a separate department of
government of the Town of Glenville (the Town).
A.
The Department of Public Works shall be responsible
for:
(1)
The construction, repair, maintenance and cleaning
of all Town highways, Town roads, Town streets, Town bridges and Town
parking facilities and the removal of snow therefrom;
(2)
The construction, repair, maintenance and cleaning
of all Town buildings and facilities and the buildings and facilities
of every improvement district or other district or agency thereof;
(3)
The installation and maintenance of traffic signals,
other traffic control devices and street signs on all Town highways,
Town roads, Town streets, Town bridges and Town parking facilities;
(4)
The construction, repair, maintenance and cleaning
of storm drainage systems under the jurisdiction of the Town or any
improvement district or agency thereof;
(5)
The construction, repair, maintenance and cleaning
of sanitary sewers owned by or under the sole jurisdiction of the
Town or any improvement district or other district or agency thereof;
(6)
The operation, repair and maintenance of any sewage
treatment plant owned by or under the sole jurisdiction of the Town
or any improvement district or other district or agency thereof;
(7)
The construction, maintenance and operation of such
other sanitation facilities to the extent the same be delegated to
the Department of Public Works by the Town Board;
(8)
The construction, operation, repair and maintenance
of water pumping facilities, water treatment plants and water distribution
systems owned by or under the sole jurisdiction of the Town or any
improvement district or other district or agency thereof;
(9)
The billing of consumers for use of water and/or sewer
services supplied by the Town or by any improvement district or other
district or agency thereof;
(10)
The maintenance of parks and other recreation facilities
owned by or under the sole jurisdiction of the Town or any district
or agency thereof; and
(11)
Such other work and/or services as the Town Board
may lawfully direct.
B.
Notwithstanding the foregoing, this chapter shall
not prohibit the Town Board from providing for construction of any
public building, street, highway, road or other facility by public
contract. In addition, the Department of Public Works shall provide
all services required or desirable in order to enable the Commissioner
of Public Works or Superintendent of Highways to fulfill any duty
or responsibility imposed upon such official by this chapter or by
any other local law, ordinance or regulation of the Town or by any
lawful directive of the Town Board or by any statute of the State
of New York.
[Amended 11-16-2022 by L.L. No. 7-2022]
There is hereby created the Office of Commissioner
of Public Works of the Town. Such office shall be in the unclassified
civil service.
[Amended 11-16-2022 by L.L. No. 7-2022]
The Town Board shall appoint the Commissioner
of Public Works.
[Amended 11-16-2022 by L.L. No. 7-2022]
The Commissioner of Public Works shall hold
office until the first day of January next succeeding the second biannual
town election held after his/her appointment. Thereafter, such appointment
by the Town Board of the Commissioner of Public Works shall be for
a term of office of four years; provided, however, that the Commissioner
of Public Works shall be removable at the pleasure of the Town Board.
[Amended 11-16-2022 by L.L. No. 7-2022]
The Commissioner of Public Works shall be the
principal executive officer and the administrative head of the Department
of Public Works.
[Amended 11-16-2022 by L.L. No. 7-2022]
The salary of the Commissioner of Public Works
shall be fixed annually by the Town Board and shall be paid out of
the general fund of the Town such moneys as the Town Board shall direct
from any improvement or benefit district of the Town pursuant to Town
Law § 202-a(7).
B.
The Highway Division shall be overseen by the Superintendent
of Highways and responsible for: the construction, repair, maintenance
and cleaning of all Town highways, Town roads, Town streets, Town
bridges and Town parking facilities and the removal of snow therefrom;
the construction, repair, maintenance and cleaning of storm drainage
systems under the jurisdiction of the Town or any improvement district
or other district or agency thereof; such other services as may be
directed by the Town Board to be performed by the Department of Public
Works and assigned to the Highway Division by the Commissioner of
Public Works; and all services required by statute to be performed
by Town highway departments when such a department exists. This chapter
shall not prohibit the Town Board from providing for construction
of any public building, street, highway, road or other facility by
public contract or for the providing of other services, goods or construction
by public contract.
[Amended 11-16-2022 by L.L. No. 7-2022]
C.
The Sanitation Division shall be responsible for the
construction, repair, maintenance and cleaning of sanitary sewers
owned by, or under the sole jurisdiction of, the Town or any improvement
district or other district thereof; the operation, repair and maintenance
of any sewage treatment plant owned by, or under the sole jurisdiction
of, the Town or any improvement or other district or agency thereof;
the construction, maintenance and operation of other public sanitation
facilities to the extent the same be delegated to the Department of
Public Works by the Town Board; and such other services as may be
directed by the Town Board to be performed by the Department of Public
Works and assigned to the Sanitation Division by the Commissioner
of Public Works. This chapter shall not prohibit the Town Board from
contracting with any person, firm, corporation or other entity for
the providing of any such services.
D.
The Water Division shall be responsible for the construction,
operation, repair and maintenance of water pumping facilities, water
treatment plants and water distribution systems owned by, or under
the sole jurisdiction of, the Town or any improvement district or
other district or agency thereof. In addition, the Water Division
shall be responsible for such other services as may be directed by
the Town Board to be performed by the Department of Public Works and
assigned to the Water Division by the Commissioner of Public Works.
This chapter shall not prohibit the Town Board from contracting with
any person, firm, corporation or other entity for the providing of
such services.
E.
The Parks Division shall be responsible for the maintenance
of parks and other recreation facilities owned by, or under the sole
jurisdiction of, the Town or any district or agency thereof as well
as for such other services as may be directed by the Town Board to
be performed by the Department of Public Works and assigned to the
Parks Division by the Commissioner of Public Works. This chapter shall
not prohibit the Town Board from contracting with any person, firm,
corporation or other entity for the providing of any such services.
F.
Nothing
in this section shall abrogate the powers and duties of the Superintendent
of Highways as set forth in the Highway Law of the State.
[Added 11-16-2022 by L.L. No. 7-2022]
[Amended 11-16-2022 by L.L. No. 7-2022]
The Town Board may appoint an administrative supervisor of the
Water Division, the Sanitation Division and the Parks Division, subject
to the supervision, direction and control of the Commissioner of Public
Works. These administrative supervisor positions shall be in the exempt
class of the civil service.
[1]
Editor's Note: Former §§ 51-10, Establishment
of Deputy Commissioner of Public Works, and 51-11, Appointment and
term of office of Deputy Commissioner of Public Works, were repealed 11-16-2022 by L.L. No.
7-2022. This local law also redesignated former §§ 51-12 through 51-20 as §§ 51-10 through 51-18, respectively.
[Amended 11-16-2022 by L.L. No. 7-2022]
All employees of the Department of Public Works
shall be appointed by the Town Board within the budgetary appropriations
thereof.
[Amended 11-16-2022 by L.L. No. 7-2022]
The Commissioner of Public Works may transfer
any employee of the Department of Public Works from one division or
office thereof to another division or office thereof, and such transfer
may be on either a temporary or a permanent basis; provided, however,
that the salary of any employee so transferred shall not be reduced
by reason of such transfer; and further provided that the salary increase
be approved in advance by the Town Board, provided that in an emergency
designated as such by the Town Supervisor, the salary of an employee
of the Department of Public Works transferred to a classification
with a higher pay scale may be paid on the basis of such higher pay
scale for a period not to exceed three days in any one month without
the approval of the Town Board. "Employee" as used in this section
shall not include the Commissioner of Public Works.
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 the Highway Department items one, two,
three, and four, and these items shall continue to be charged in the
same manner if this chapter had not been adopted. There shall be no
change in 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 Supervisor,
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 or agency
of the Town or on behalf of any special Town project shall be charged
against such districts or project and paid from the funds duly appropriated
for the purpose of such district or project.
All property, equipment and budgetary appropriations
of, or for, the Highway Department of the Town are hereby transferred
to the Department of Public Works. The employees of said Highway Department
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;
provided, however, that nothing herein contained shall be construed
to deprive the Town Board of any power it now has, or may under this
chapter or otherwise have, with respect to the hiring, firing, disciplining
and fixing salaries of such employees. The employees of every water
district and sewer district of the Town, as well as any other employees
of the Town, performing functions which are hereby transferred to
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; provided, however, that nothing
herein contained shall be construed to deprive the Town Board of any
power it now has with respect to the hiring, firing, discipline and
fixing salaries of such employees. The employees of the Town now working
as Parks employees of the Town, are hereby transferred to 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; provided, however, that nothing herein contained
shall be construed to deprive the Town Board of any power it now has
with respect to the hiring, firing, discipline and fixing salaries
of such employees. The Town Superintendent of Highways shall not be
considered an employee of the Highway Department of the Town for the
purposes of this section of this chapter.
[Amended 4-5-2006 by L.L.
No. 3-2006; 11-16-2022 by L.L. No. 7-2022]
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Board contained in §§ 51,
64, and 12 of the New York State Town Law or provided by the New York
State Municipal Home Rule Law or other powers which may be lawfully
exercised by said Board. The Commissioner of Public Works shall have
the right to suspend, with pay, any employee, for a period of not
more than two weeks for cause and shall report such suspension to
the Town Board within three days of such suspension with his/her recommendations
to the Town Board as to disciplinary action.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor contained
in § 29, 52 or 119 of the New York State Town Law or any
other powers which may be lawfully exercised by said Supervisor.
[Amended 11-16-2022 by L.L. No. 7-2022]
Before entering upon the duties of his/her office,
the Commissioner of Public Works shall take and file with the Town
Clerk an oath of office. The Commissioner of Public Works must possess
and maintain a current valid license to practice as a professional
engineer issued by the New York State Education Department and three
years of engineering experience in a variety of public works activities. The
Town Board may require the Commissioner of Public Works to file a
bond for the faithful performance of his/her duties.
This chapter shall be entitled "A Local Law
Establishing and Providing for a Department of Public Works of the
Town of Glenville, Schenectady County, New York."
