[HISTORY: Adopted by the Town Board of the Town of Fenton 5-1-1991 as L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 119.
This chapter shall be entitled the "Local Law of the Town of Fenton Establishing and Providing for a Department of Solid Wastes." This chapter may be cited accordingly. This chapter may also be cited as a local law of the Town of Fenton, Broome County, New York by the year and number of passage.
As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT OF SOLID WASTES
The Department of Solid Wastes of the Town of Fenton, Broome County, New York.
SOLID WASTES
Includes leaves, grass, brush and tree limbs three inches in diameter or less.[1]
SOLID WASTES DIRECTOR or DIRECTOR
The Director of the Department of Solid Wastes of the Town of Fenton, Broome County, New York.
TOWN
The Town of Fenton, Broome County, New York.
TOWN BOARD
The Town Board of the Town of Fenton, Broome County, New York.
TOWN CLERK
The Town Clerk of the Town of Fenton, Broome County, New York.
TOWN SUPERVISOR
The Town Supervisor of the Town of Fenton, Broome County, New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
There is hereby created and established a Department of Solid Wastes of the Town of Fenton, Broome County, New York, as a separate department of the government of the town.
The Department of Solid Wastes shall be responsible for collection and disposition of solid waste generated within the Town of Fenton; the administration and maintenance of the former town landfill site located on Spencer Road (Tax Map Parcel No. 069.03-1-17); administration and maintenance of such other disposal areas and work sites as shall from time to time be established by order of the Town Board when deemed necessary, convenient or expedient for composting or other disposal of the materials so collected; and for such other matters as may be from time to time assigned by the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
There is hereby created the office of Solid Wastes Director of the Town of Fenton, Broome County, New York. Such office shall be in the unclassified civil service.
The Solid Wastes Director shall be appointed by the Town Board at its annual organization meeting to serve for a period of one year. The Director may be appointed from among other appointed or elected officials.
The Solid Wastes Director shall be the administrative head of the Department of Solid Wastes and shall have such other duties and responsibilities as may from time to time be assigned by the Town Board.[1]
[1]
Editor's Note: Former Section 7, Salary of Solid Wastes Director, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
All employees of the Department of Solid Wastes shall be appointed by the Director and paid from the budgetary appropriations therefor and each shall hold the position to which appointed at the pleasure of the Director; provided, however, that any employee in the classified civil service may be removed only for cause in the manner provided by law. "Employee," as used in this section of this chapter, shall not include the Director of Solid Wastes.
The Director and the Highway Superintendent may agree to the transfer of any of their respective employees from one department to the other, either on a temporary or permanent basis; provided, however, that the salary of any employee so transferred shall not be reduced by reason of such transfer; and provided, further, that the salary of no employee so transferred shall be increased by reason of such transfer unless such salary increase is approved in advance by the Town Board.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in the Town Law, the Highway Law or Municipal Home Rule Law, or other powers which it may lawfully exercise.[1]
[1]
Editor's Note: Former Section 11, regarding oath of office for the Solid Wastes Director, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).