Article VIII Department of Public Works

The authorized agent of the contracting party;

The Commissioner of Public Works or authorized designee;

The County Attorney or authorized designee; and

§ A8-4 Dredging Project Screening Committee.

The County Executive or authorized designee.

§ A8-2 Snow removal.

[Derived from Charter Sec. 806]

It shall be the duty of the County Department of Public Works, as a County charge, to remove snow as rapidly as may be from all highways, roads, streets, bridges and parking fields under the jurisdiction of the County.

§ A8-3 Tree planting.

[Derived from Charter Sec. 808, as added 11-12-1980 by L.L. No. 31-1980; amended 5-19-1998 by L.L. No. 5-1998]

The Commissioner of the Department of Public Works shall plant rows or groups of suitable trees and/or shrubs along the bounds of existing County roads or County roads to be constructed in the future, at such places as he may determine, and may also plant on the banks of such cuts and fills as were made in constructing, reconstructing or improving such County roads such shrubs or trees as are necessary and suitable to prevent or stay erosion thereof. Such trees and/or shrubs shall be planted in any year in which funds are appropriated for such purpose by the County Legislature.

The Commissioner may, with the consent of the owner of the abutting premises, enter upon such premises to plant suitable trees or shrubs as he may determine as desirable, either for reason of safety or as replacements for trees and shrubbery lost because of a County road project, and to maintain such trees and shrubs for a period of at least two years.

The Commissioner is not required to plant shrubs or trees under the provisions of this section should such planting already be in existence, should the soil in any place be too stony for such planting or should such planting imperil the safety of the public.

The Commissioner of the County Department of Public Works shall, for every construction project involving the erection and/or installation of a County building, structure or facility, install one shade tree for every 50 feet of land at the construction site facing on a road or street, and/or one shade tree for every 20 parking spaces in a County-constructed parking lot at such construction site.

Any expenses incurred in carrying out the intent and purpose of this section shall be within the appropriation of funds as authorized by the Suffolk County Legislature.

The Commissioner of the County Department of Public Works shall enter into an agreement to utilize Cornell Cooperative Extension services for the purpose of implementing the tree and shrub planting.

[Derived from L.L. No. 31-1977; amended 5-8-1979 by L.L. No. 11-1979; 6-9-1981 by L.L. No. 26-1981]

There shall be and hereby is created a Dredging Project Screening Committee.

The Dredging Project Screening Committee shall be composed of the following members: the County Executive, the Presiding Officer of the County Legislature or his designee, one majority member and one minority member of the County Legislature appointed by the Presiding Officer, the Chairman of the Public Works and Transportation Committee of the County Legislature or any successor committee, the Planning Director, the Commissioner of the Department of Public Works, a representative from the County Office of Budget and Management, and one representative from the Council on Environmental Quality appointed by the Council on Environmental Quality.

[Amended 3-23-2010 by L.L. No. 15-2010]

The purpose and function of the Dredging Project Screening Committee will be to make preliminary investigations into the feasibility and desirability of any proposed County dredging projects and to make findings resulting therefrom. The determination made by the Committee will be forwarded to the County Legislature, which may reverse the determination. Unless preliminarily approved by the Committee or the entire Legislature, no project will be forwarded to the Department of Public Works for a complete investigation and determination.

§ A8-5 Criteria for County dredging projects.

[Derived from Res. No. 242-1979; amended 12-23-1986 by L.L. No. 6-1987]

No proposed County dredging project shall be approved by the Dredging Project Screening Committee nor by the County Legislature unless such project shall be in the public interest.

A dredging project shall be deemed to be in the public interest if it supports, advances or enhances the following types of uses, activities and/or facilities:

Publicly owned, leased and/or operated marine facilities, including but not limited to mooring areas, boat basins, marinas, docks and boat ramps. Boat ramps need not consist solely of paved asphalt but may be composed of concrete, treated lumber, gravel or crushed stone extending to the mean low water mark. The parking areas associated with such a facility must accommodate at least six cars with trailers and may be composed of smooth grassed area, crushed stone, pavement or concrete. A public mooring area within an enclosed embayment must have within its proximity a publicly owned parcel of land fronting on the embayment permitting public access in order to qualify as a public purpose.

Marine commercial uses, including but not limited to boatyards, ship repair facilities, commercial fishery docks and product transfer sites.

Industrial, transportation and utility uses, including but not limited to petroleum product transfer facilities, ferry terminals and power plants.

Institutional uses such as education and public safety facilities.

(5)

Recreational uses, including but not limited to boat livery stations, party boats, charter boats, marinas and yacht clubs open to use by the general public.

(6)

Reduction of the risk of public health problems based upon a certification by the Suffolk County Department of Health Services that the public health will be protected by dredging for the particular year the channel is proposed to be dredged.

(7)

Open water shoals outside of navigation channels to improve general navigation.

(8)

Obtaining fill from navigation channels for the purpose of beach nourishment and shoreline construction.

(9)

Mitigating damage or shoaling caused by the County of Suffolk.

(10)

Reduction of a navigational hazard caused by shoaling at bay-canal interfaces.

(11)

Improvement of environmental/ecological health and/or marine productivity, based upon a certification from the Suffolk County Department of Health Services, Office of Ecology, or the Suffolk County Department of Environment and Energy. Such determination shall consider factors including, but not limited to, flow rates, contaminant levels, nitrogen levels, phosphorus levels, coliform levels, algal growth rates, salinity levels, pH levels, dissolved oxygen, water temperature, oxygen levels and other such considerations that may jeopardize the health of the marine ecology or productivity.

[Added 9-19-2006 by L.L. No. 50-2006]

A dredging project shall be deemed to be in the private interest in the following circumstances:

It does not provide direct access to or service for any of the uses or facilities mentioned in Subsection B of this section.

It provides service solely and exclusively to shoreline homeowners or a group of homeowners in a civic association, the membership of which is controlled by a residency requirement, regardless of the nature of the water body.

It dredges within privately owned facilities.

§ A8-6 Management of County sewage treatment and scavenger waste treatment plants.

It only maintains privately owned boat slips or basins.

No proposed County dredging project shall be approved by the Dredging Project Screening Committee nor by the County Legislature unless the County shall have first conducted soundings or other reliable and accepted measurements in accordance with normal engineering practices and procedures of the area to be dredged to determine the estimated cost of such proposed work.

The specifications accompanying a solicitation for the award of a contract for dredge services shall require that biodiesel fuel be employed by dredges in the performance of the dredge project, except that dredges with a discharge pipe of 16 inches and greater, that are utilized for deep water operations, are exempt from this requirement.

[Added 4-4-2006 by L.L. No. 25-2006]

[Added 3-28-1989 by L.L. No. 7-1989; amended 6-24-1997 by L.L. No. 19-1997]

No consulting firm retained by the County of Suffolk for the purpose of designing a County-owned and/or -operated sewage treatment plant or scavenger waste treatment plant or retained by a municipality receiving funds from the County of Suffolk, raised by sales taxes or real property taxes or assessments, for the management and/or operation of a town- or village-owned sewage treatment plant or scavenger waste treatment plant shall be utilized for the management and operation of any such town-, village- or County-owned and/or -operated plants once construction of the plant is completed and after one year, subsequent to the completion of the construction of the plant, has elapsed. In the event that the County Executive declares a public emergency (in writing to the County Legislature), arising out of or caused by a sudden unforeseen occurrence or disaster, such as a hurricane, fire, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God or comparable event, then the consulting firm that designed the plant affected by such emergency may be retained by the County of Suffolk, pertinent town or pertinent village for the management and operation of said town-, village- or County-owned and/or -operated plant, one year after construction has been completed, for a limited period of time not to exceed the duration of the emergency or three months, whichever period of time is shorter. Such retention of such a design firm shall, however, be subject to ratification and approval of the Suffolk County Legislature. In the case of a town or village receiving aid from the County of Suffolk for such plants, compliance with the provisions of this subsection shall be a condition of receipt of such aid.

In the event that the Department of Public Works contracts for the operation and maintenance of a County-owned or County-operated sewage treatment plant and/or scavenger waste treatment plant, the contractor shall be chosen in compliance with procedures set forth in state and County law governing public bidding.

Any consulting firm or any contractor described hereinabove retained by the County of Suffolk for the management and/or operation and/or maintenance of a County-owned and/or County-operated sewage treatment plant and/or scavenger waste treatment plant shall submit periodic written reports to the County Department of Public Works and the Chairman of the Public Works Committee of the Suffolk County Legislature concerning said firm's management and operation of such plant. The frequency of said reports, and the information contained therein, shall be as specified by the Commissioner of the Department of Public Works.

§ A8-7 Conduct of hearings and making of findings pursuant to New York Eminent Domain Procedure Law for Department projects. [1]

[Added 2-7-2006 by L.L. No. 15-2006]

The Legislature finds and determines it to be in the public interest that public hearings for Department of Public Works' projects, as required by the New York State Eminent Domain Procedure Law, can best be conducted by the Department of Public Works pursuant to Article 2 of said law, and that the Department of Public Works, in order to effectuate the object, intent, and provisions of the New York Eminent Domain Procedure Law, may establish and amend rules and regulations consistent with the provisions of said law, pursuant to Article 7, § 707, of said law.

After the Legislature approves acquisition of an interest in real property for a public works project, the resolution of approval shall delegate unto the Commissioner of the Department of Public Works, and in his or her absence the Chief Deputy Commissioner of the Department of Public Works, the full authority of the Legislature to conduct public hearings and make determinations and findings as to all matters set forth in Article 2 of the New York Eminent Domain Procedure Law.

Public hearings shall be conducted and the notices thereof shall be published and issued pursuant to §§ 201, 202, 203, and 204 of the New York Eminent Domain Procedure Law.

The Commissioner of the Department of Public Works, or in his or her absence the Chief Deputy Commissioner of the Department of Public Works, shall be deemed a hearing officer with the authority to make determinations and findings pursuant to § 204 of the New York Eminent Domain Procedure Law.

The written determination and findings shall be filed with the Clerk of the County Legislature within 90 days after the conclusion of the public hearing.

The Commissioner of the Department of Public Works, or in his or her absence the Chief Deputy Commissioner of the Department of Public Works, shall publish a brief synopsis of such filed determinations and findings in at least two successive issues of the official newspapers and in two successive issues of a newspaper of general circulation in such locality, and the publication shall state that copies of the determinations and findings will be forwarded, upon written request, without cost.

The hearing officer may recommend and permit further field studies subsequent to the hearing, pursuant to § 205 of the New York Eminent Domain Procedure Law. The hearing officer may authorize and permit amendments or alterations to accommodate such field conditions if deemed necessary, but the Legislature reserves unto itself the right to approve any changes in the original acquisition maps whereby additional property is required or whereby the acquisition of properties approved in the original maps are deleted.

The Commissioner of the Department of Public Works, and in his or her absence the Chief Deputy Commissioner of the Department of Public Works, in order to effectuate the object, intent, and provisions of the New York Eminent Domain Procedure Law, may, from time to time, make or amend rules and regulations consistent with the provisions of this section in those instances where such provisions are not expressly provided in the New York Eminent Domain Procedure Law; and such rules and regulations or amendments thereto shall be filed with the Clerk of the Legislature and shall be deemed approved by the Legislature and become effective 60 days after filing, unless overturned by a duly enacted resolution of the County of Suffolk.

[1]

Editor's Note: Former § A8-7, Suffolk County Transportation Board, derived from Charter Sec. 1336, added 11-25-1980 by L.L. No. 30-1980, amended 12-12-1989 by L.L. No. 5-1990, was repealed 4-20-1993 by L.L. No. 16-1993.

§ A8-8 Notification to utilities of County construction projects.

[Added 12-18-1990 by L.L. No. 1-1991]

The County Department of Public Works shall tender plans and notify, by registered mail, all utilities with property which may interfere with a County construction project that said property must be relocated from the construction site within 60 days from the date that the Department tenders such notification.

Any utility which disregards such notification or fails to remove such property from the construction site within 60 days from such notification shall be subject to imposition of a civil penalty by Suffolk County in the amount of not more than $500 for each such violation. Such a fine shall not, however, be imposed on any utility that cannot relocate its property due to the failure of another utility to relocate its property from that of the other; the fine shall be imposed exclusively on the utility at fault.

In the event that the utility has a bona fide reason for not relocating its property within the allotted time, the utility shall apply to the Commissioner of the Department of Public Works, within 60 days of notification, for a forty-five-day extension. Such an extension shall be granted at the discretion of the Commissioner.

§ A8-9 Dockage of vessels.

[Added 2-23-1993 by L.L. No. 7-1993]

The Commissioner of Public Works or his designee is authorized to promulgate rules and regulations for the dockage of vessels along the County-owned bulkheading adjoining the Shinnecock Canal.

Any rules or regulations promulgated pursuant to this section shall be enforced by the County Sheriff, his deputies, members of the Suffolk County Police Department and any other municipal police department or law enforcement agency located in Suffolk County having the appropriate jurisdiction.

Any person violating any rules or regulations promulgated pursuant to this section shall be guilty of an offense punishable by a fine not exceeding $200. Each day that such violation exists shall be a separate and distinct violation.

In lieu of criminal action against any person violating a rule or regulation promulgated pursuant to this section, a civil penalty in an amount not to exceed $5,000 may be recovered by Suffolk County in a civil action with respect thereto.

The Commissioner of Public Works will submit and file said rules and regulations as promulgated with the Clerk of the Legislature.[1]

[1]

Editor's Note: Former § A8-10, Disposal of surplus County personal property, added 7-29-2014 by L.L. No. 23-2014, and which immediately followed this section, was repealed 6-9-2020 by L.L. No. 23-2020.

§ A8-10 Office of Central Procurement.

[Added 12-17-2024 by L.L. No. 6-2025]

Office of Central Procurement established; Chief Procurement Officer; organization of office.

There shall be an Office of Central Procurement, the head of which shall be the Chief Procurement Officer or "CPO." The CPO shall be designated by the Commissioner of the County Department of Public Works.

The CPO shall have the powers and duties set forth herein, with the minimum qualifications set forth in the civil service job description for the title.

As part of their responsibilities, all department heads shall act as the Department Chief Contracting Officer ("DCCO") for his/her department. The DCCO shall be responsible for overseeing and approving the department's procurement staff and actions and is responsible for ensuring that the department's procurements fully comply with the County's Procurement Policy as set forth in Chapter 1065 of the Suffolk County Code and applicable law.

(a)

The DCCO may delegate this responsibility to his/her designee, upon designation in writing and approval of the CPO.

(b)

With respect to all procurement actions only, the DCCO shall have dual reporting requirements both within the contracting department and as a contracting officer reporting to the CPO.

(c)

All County personnel performing tasks relating to procurement, regardless of the department to which they are assigned, shall follow the directives of the CPO.

Powers and duties. The Office of Central Procurement shall:

Enforce the procurement policies and procedures to be followed by all County entities and promulgate rules and regulations deemed necessary to carry out the County's procurement policies.

Advise and assist any department, board, division, or agency of the government of the County of Suffolk, including the County Legislature and Office of the County Executive, on matters pertaining to procurement.

Make recommendations to the County Legislature and County Executive as to changes to the County procurement policies.