[HISTORY: Comes from L.L.
No. 114-1972, adopted 10-24-1972, effective 10-31-1972.]
[Amended 3-14-2023 by L.L. No. 22-2023, effective 4-4-2023]
A.
There shall be in the Town of Hempstead a Department of Conservation
and Waterways. The executive head of such Department shall be the
Commissioner of Conservation and Waterways, who shall be appointed
by the Town Board for the term fixed by law at such salary as may
from time to time be fixed by said Town Board. The Commissioner of
Conservation and Waterways shall be appointed on the basis of administrative
experience and qualifications for the duties of such office. There
may be Deputy Commissioners to the Commissioner of Conservation and
Waterways. The Deputy Commissioners, individually, shall have the
authority to act for and in place of the Commissioner of Conservation
and Waterways in all regards. The Commissioner shall designate, in
writing, the order in which the deputies shall act, in case of the
Commissioner's absence, inability to work, or vacancy. The Commissioner
shall have the power to appoint and remove all subordinate officers
and other employees and to assign them to their respective duties.
The Commissioner shall be in the unclassified service of the civil
service. The position of Deputy Commissioner shall, pursuant to the
statutory authority contained in the Municipal Home Rule Law and the
Civil Service Law, be in the exempt class.
B.
The Department is established for the purpose of implementing the
policies of the Town of Hempstead to conserve and maintain its wetlands
and waterways for the benefit of the residents of the town and to
exclusively administer the wetlands management plan of the Town of
Hempstead.
C.
The Commissioner of the Department shall also be appointed as Chief
Bay Constable and shall administer and direct all law enforcement
matters as provided by law.
The Department of Conservation and Waterways shall, under the
general supervision of the Commissioner, have charge of the administration
and enforcement of all local laws and Town Board resolutions pertaining
to the preservation, conservation, management and maintenance of the
town wetlands and waterways, including leasing of underwater and marginal
lands; structures in waterways; erosion protection; marinas, piers,
moorings and docks; shellfishing, operation of boats and seaplanes,
dredging and other designated uses of the wetlands and waterways;
and such other matters as may from time to time be referred to the
Department.
A.
Administrative Division: To have general administration of interdepartmental
matters, including supervision of Administrative Division personnel,
maintenance of all departmental personnel records, maintenance of
departmental accounting records, including budget control, and such
other procedures as may be necessary to coordinate the overall waterways
recreational activities.
B.
Waterways Management Division: To have supervision of Division personnel,
to have general administration of all routine and skilled maintenance
repairs, landscaping, facility development and improvements and elimination
of hazards from the grounds, buildings and waterways under the jurisdiction
and control of this Department; to install and maintain navigational
aids: to regulate the issuance of all permits for structures in waterways
and to coordinate with the Chief of Bay Constables the enforcement
of the structures in the waterways code; to chart and maintain records
of the waterways, the wetlands and structures erected thereon; to
assist the Commissioner in the investigation of complaints initiated
by the general public that fall within the jurisdiction of the Department;
to assist in the prevention and elimination of oil spills in waterways;
and to assist in all other conditions that adversely affect navigation
within the waterways.
C.
Conservation Division.
(1)
To have supervision of Division personnel: to have general administration
of the conservation, protection and management of the Town of Hempstead
underwater lands and marshlands and the marine life and natural resources
therein and thereon: to conduct continuing ecological studies and
investigations and determine both in the laboratory and in the field,
factors influencing population of marine life in the waterways, chemical
and biological characteristics of the waters, circulation patterns
of Hempstead Bay estuary, qualitative analysis of bottom sediments,
productivity and carrying capacity of marshlands within the bay area
to determine approximate populations of wildlife which may be supported
within the bay complex; to establish and maintain shellfish and wildlife
sanctuaries and to improve the ecological balance within the wetlands
for desirable species of marine life that can contribute to the recreational
enjoyment and economy of the Town of Hempstead.
(2)
To meet with, plan, cooperate and confer with the necessary federal,
state and county officials in all areas insofar as same may aid, assist
and further any of the above purposes.
A.
The Conservation and Waterways Department as it is presently constituted
is hereby transferred in its entirety, including all property, equipment
and budgetary appropriations, to the Department of Conservation and
Waterways. The employees of such Department shall be continued as
employees in the Department of Conservation and Waterways, with the
same classifications, 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 any such employees.
B.
The Commissioner, only when specifically authorized to do so by the
Town Board, may from time to time employ such additional persons,
including special, technical, fiscal and legal consultants, as may
be necessary in the discharge of his duties.
