[HISTORY: Adopted by the Town Board of the Town of Maine 6-12-1984
by L.L. No. 2-1984. Amendments noted where applicable.]
As used in this chapter:
The Commissioner of Highways, Parks, Buildings and Grounds of the
Town of Maine, New York.
The Department of Highways, Parks, Buildings and Grounds of the Town
of Maine, New York.
Deputy Commissioner of Highways, Parks, Buildings and Grounds of
the Town of Maine, New York.
Town of Maine, located in Broome County, New York.
Town Board of the Town of Maine, located in Broome County, New York.
Town Clerk of the Town of Maine, located in Broome County, New York.
Town Supervisor of the Town of Maine, located in Broome County, New
York.
There is hereby created and established the Department of Highways,
Parks, Buildings and Grounds of the Town of Maine, New York, hereinafter referred
to as the "Department of Highways, Parks, Buildings and Grounds," as a separate
department of government of the Town.
A.
The Department of Highways, Parks, Buildings and Grounds
shall be 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 all Town buildings and facilities and the buildings and facilities
of every improvement district or other district or agency thereof; 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; the construction, repair, maintenance and cleaning of
storm drainage systems under the jurisdiction of the Town or any improvement
district or agency thereof; 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; 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; the construction, maintenance and operation of such other
sanitation facilities to the extent the same be delegated to the Department
of Highways, Parks, Buildings and Grounds by the Town Board; 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;
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;
the operation and maintenance of park and other recreation facilities owned
by, or under the sole jurisdiction of, the Town or any district or agency
thereof; and such other work and/or services as the Town Board may lawfully
direct. 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 Highways, Parks, Buildings and Grounds shall provide all services required
or desirable in order to enable the Commissioner of Highways, Parks, Buildings
and Grounds to fulfill any duty or responsibility imposed upon such official,
whether or not in his capacity as Town Superintendent of Highways, 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.
B.
In the event that the Town does not now have some or
all of the plants, facilities, systems or districts mentioned herein, the
Department of Highways, Parks, Buildings and Grounds shall be responsible
for such or all of the foregoing as the Town may hereafter construct, acquire
or establish from time to time.
There is hereby created the office of Commissioner of Highways, Parks,
Buildings and Grounds of the Town of Maine, New York. Such office shall be
in the unclassified civil service.
The Town Superintendent of Highways shall be the Commissioner of Highways,
Parks, Buildings and Grounds and may be referred to by either title.
Each Commissioner of Highways, Parks, Buildings and Grounds shall hold
office as such during his term of office as Town Superintendent of Highways
and until his successor as Town Superintendent of Highways has been elected
and qualified unless sooner removed.
The Commissioner of Highways, Parks, Buildings and Grounds shall be
the principal executive officer and the administrative head of the Department
of Highways, Parks, Buildings and Grounds. The Commissioner of Highways, Parks,
Buildings and Grounds, as Town Superintendent of Highways, shall have all
the powers and duties of a Town Superintendent of Highways except to the extent
that any power or duty of a Town Superintendent of Highways is lawfully reserved
by the local law to the Town Board.
The salary of the Commissioner of Highways, Parks, Buildings and Grounds
shall be fixed annually by the Town Board and shall be paid out of the general
funds 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),
and shall not be a charge, in whole or in part, upon any item of the Highway
Fund. Such Commissioner of Highways, Parks, Buildings and Grounds shall not
receive any additional compensation as Town Superintendent of Highways but
his salary may be shown in any budget or notice relating to such budget either
under the classification of Town Superintendent of Highways or Commissioner
of Highways, Parks, Buildings and Grounds.
B.
The Highway Division shall be responsible for the construction,
repairs, 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 Highways, Parks, Buildings
and Grounds and assigned to the Highway Division by the Commissioner of Highways,
Parks, Buildings and Grounds; 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.
C.
The Sanitation Division shall be responsible for: the
construction, repair, maintenance 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 Highways, Parks, Buildings and Grounds by the Town Board;
and such other services as may be directed by the Town Board to be performed
by the Department of Highways, Parks, Buildings and Grounds and assigned to
the Sanitation Division by the Commissioner of Highways, Parks, Buildings
and Grounds. 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
Highways, Parks, Buildings and Grounds and assigned to the Water Division
by the Commissioner of Highways, Parks, Buildings and Grounds. 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 Park Division shall be responsible for the operation
and maintenance of park 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 Highways, Parks, Buildings and Grounds and assigned to
the Park Division by the Commissioner of Highways, Parks, Buildings and Grounds.
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.
There is hereby created in the Department of Highways, Parks, Buildings
and Grounds the office of Deputy Commissioner of Highways, Parks, Buildings
and Grounds of the Town of Maine, New York.
The Commissioner of Highways, Parks, Buildings and Grounds shall appoint
a Deputy Commissioner of Highways, Parks, Buildings and Grounds. The term
of office of a Deputy Commissioner of Highways, Parks, Buildings and Grounds
shall expire at midnight on the 31st day of December next succeeding the biannual
Town election following the appointment of such Deputy Commissioner. The Deputy
Commissioner shall serve as such until the expiration of his term as such
and until his successor has been appointed and qualified unless sooner removed
from office. Anything herein to the contrary notwithstanding, the Deputy Commissioner
of Highways, Park, Buildings and Grounds shall be removable at the pleasure
of the Commissioner of Highways, Parks, Buildings and Grounds. The Deputy
Commissioner of Highways, Parks, Buildings and Grounds shall be in the exempt
class of the civil service. A vacancy in the office of Deputy Commissioner
of Highways, Parks, Buildings and Grounds occurring other than by the expiration
of term of office shall be filled only for the remainder of the unexpired
term, provided that a Deputy Commissioner of Highways, Parks, Buildings and
Grounds appointed to fill such a vacancy shall serve as such until the expiration
of such term and until his successor has been appointed and qualified unless
sooner removed.
A.
The Deputy Commissioner of Highways, Parks, Buildings
and Grounds shall be the administrative supervisor of the Highway Division
subject to the supervision, direction and control of the Commissioner of Highways,
Parks, Buildings and Grounds. In the event of the absence or disability of
the Commissioner of Highways, Parks, Buildings and Grounds, or in the event
of a vacancy in the office of Commissioner of Highways, Parks, Buildings and
Grounds, the Deputy Commissioner of Highways, Parks, Buildings and Grounds
for Highways shall be the acting Commissioner of Highways, Parks, Buildings
and Grounds and shall have all of the authority and duties of the Commissioner
of Highways, Parks, Buildings and Grounds, including the authority and duties
of Acting Town Superintendent of Highways.
B.
The Deputy Commissioner of Highways, Parks, Buildings
and Grounds shall be the administrative supervisor of the Water Division and
of the Sanitation Division subject to the supervision, direction and control
of the Commissioner of Highways, Parks, Buildings and Grounds.
C.
The Deputy Commissioner of Highways, Parks, Buildings
and Grounds shall be the administrative supervisor of the Park Division subject
to the supervision, direction and control of the Commissioner of Highways,
Parks, Buildings and Grounds.
All employees of the Department of Highways, Parks, Buildings and Grounds
shall be appointed by the Commissioner of Highways, Parks, Buildings and Grounds
within the budgetary appropriations thereof, and shall hold the position to
which appointed at the pleasure of the Commissioner of Highways, Parks, Buildings
and Grounds; provided, however, that any employee in the classified civil
service may be removed only for cause. "Employee" as used in this section
of this chapter shall not include the Commissioner of Highways, Parks, Buildings
and Grounds.
The Commissioner of Highways, Parks, Buildings and Grounds may transfer
any employee of the Department of Highways, Parks, Buildings and Grounds 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 of no employee so transferred
shall be increased by reason of such transfer unless such 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 Highways, Parks, Buildings and Grounds transferred to a classification
with a higher pay scale for a period of 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 Highways, Parks, Buildings and Grounds
nor the Deputy Commissioner of Highways, Parks, Buildings and Grounds.
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 highway
items one, two, three, and four and these items shall continue to be charged
in the same manner as 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 Highways,
Parks, Buildings and Grounds, 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 Highways, Parks, Buildings and Grounds 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
Highways, Parks, Buildings and Grounds. The employees of said Highway Department
shall be continued as employees of the Department of Highways, Parks, Buildings
and Grounds 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 local law or otherwise have,
with respect to the hiring, firing, disciplining and fixing salaries of such
employees. The employees of every water 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 Highways, Parks, Buildings and Grounds with
the same classification, salary, benefits, pensions and retirement rights
and privileges 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, disciplining 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.
Nothing herein contained shall be construed to delegate or transfer
power of the Town board contained in §§ 51, 64, 12, 14 and
15 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 Highways, Parks, Buildings and Grounds shall, subject
to the provisions of the Civil Service Law, have the right to suspend, without
pay, any employee, including the Deputy Commissioner of Highways, Parks, Buildings
and Grounds, for a period not exceeding 30 days for cause and shall report
such suspension to the Town Board within three days of such suspension with
his 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.
Before entering upon the duties of his office the Commissioner of Highways,
Parks, Buildings and Grounds shall, before entering upon the duties of his
office, take and file with the Town Clerk an oath of office. The Town Board
may require the Commissioner of Highways, Parks, Buildings and Grounds to
file a bond for the faithful performance of his duties and may require the
Deputy Commissioner of Highways, Parks, Buildings and Grounds to file such
a bond.
This chapter shall be entitled "A Local Law of the Town of Maine, New
York, Establishing and Providing for a Department of Highways, Parks, Buildings
and Grounds of the Town of Maine, New York." This chapter may be cited accordingly.
This chapter may also be cited as a local law of the Town of Maine, New York,
by year and number of passage.
This chapter shall take effect January 1, 1985.
