[Adopted 2-26-1974 by L.L. No. 4-1974]
This article shall be known as the "Town of Oyster Bay Public
Works Law."
A.
Whenever used in this article, words used in the singular include
the plural and vice versa.
B.
ASSISTANT TO THE COMMISSIONER
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
SUPERVISOR
As used in this article, the following terms shall have the meanings
indicated:
A designated officer of the Department to aid and advise
the Commissioner in planning and coordinating projects and policies
of the Department.
The Commissioner of Public Works, as chief executive officer
of said Department.
The Town of Oyster Bay Department of Public Works, a major
function of Town government.
The Deputy Commissioner of the Town of Oyster Bay Department
of Public Works, who shall generally act for and in place of the Commissioner.
Supervisor of the Town of Oyster Bay.
[Added 2-10-2004 by L.L. No. 4-2004]
There shall be in the Town of Oyster Bay a Department of Public
Works. The principal executive officer and administrative head of
such Department shall be the Commissioner of Public Works, 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 Public Works shall be appointed on the basis of his administrative
experience and qualifications for the duties of such office and such
additional standards as may be required by the Town Board. The Commissioner
shall be the head of the Department with power and authority to appoint
and remove officers and employees under his jurisdiction in accordance
with the Civil Service Law and other applicable laws.
[Amended 5-13-1986 by L.L. No. 3-1986]
The Commissioner is empowered herein to appoint seven Deputies
who shall generally act for and in his behalf and who shall perform
such duties as are vested in and imposed upon that office by the provisions
of this article, by statute or by other lawful authority.
[Amended 2-10-2004 by L.L. No. 4-2004]
Before entering upon the duties of his or her office, the Commissioner
shall execute and file an official undertaking, if the same be required
by the Town Board, in such sum as prescribed by the Town Board and
in such form as approved by the Town Attorney. Except as otherwise
provided for herein, the Commissioner of Public Works shall have charge
of the administration of the Department.
[Amended 12-19-1978 by L.L. No. 8-1978; 5-13-1986 by L.L. No.
3-1986; 4-23-1991 by L.L. No. 2-1991; 2-10-2004 by L.L. No.
4-2004; 11-25-2008 by L.L. No. 12-2008; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]
The Commissioner shall have such powers as shall be necessary
for the administration of the Department consistent with applicable
provisions of law. Until such time as the same may be either amended
or modified, the Department shall be divided into the following divisions:
A.
The powers and duties of such divisions therein shall be under the
administration, direction and control of the Commissioner of Public
Works, and each of said divisions shall be supervised by a division
head who shall be designated as superintendent.
B.
The Commissioner may, with the approval of the Town Board, establish,
consolidate or abolish any divisions now existing or hereafter created
in said Department; establish, consolidate or abolish any bureau now
existing or hereafter created in any such division.
[Amended 5-13-1986 by L.L. No. 3-1986; 4-23-1991 by L.L. No.
2-1991; 2-10-2004 by L.L. No. 4-2004; 12-20-2005 by L.L. No.
8-2005; 11-25-2008 by L.L. No. 12-2008; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]
A.
Division of Administration. To administer, supervise, manage, implement,
initiate and direct all matters concerning the Office of Administration
of the Public Works Department. The division head acts as liaison
for the Commissioner of Public Works with all divisions and bureaus
of the Department of Public Works as well as all departments within
the Town of Oyster Bay. The Division is responsible for all personnel
records and actions for the Department. It plans and coordinates policies,
procedures and programs concerning personnel. The Division is responsible
for general services and manages, maintains, repairs and cleans Public
Works complex. Provides, manages and maintains all telephone communication
services for Public Works Department complex. The Division is responsible
for accounts and processes for payment of all claims as well as maintain
records of said claims and petty cash. It coordinates data from divisions
for preparation of fiscal budget for the Public Works Department.
B.
Division of Central Vehicle Maintenance. To supervise, manage and
provide for the repair and maintenance service for all vehicles owned
and under the jurisdiction of the Town of Oyster Bay and to make authorized
assignments thereof and to manage and maintain related facilities,
equipment and personnel necessary for the proper administration thereof.
C.
Division of Engineering. To perform the duties of Town Engineer and
to have general charge and supervision of the design and construction
of Town buildings, roads and drainage, parks and grounds, and to oversee
and manage Town landfill remediation and closure programs, including,
but not limited to, the monitoring of remediation activities at the
Old Bethpage Solid Waste Disposal Complex and any other solid waste
management facility or facilities operated now or in the future by
the Town, including, but not limited to: leachate treatment, groundwater
treatment, landfill gas control, and landfill cap maintenance; to
oversee and manage, other structure or improvements in the nature
of public works as the Town or any of its special districts or departments
may construct. Furthermore, the division head of the Division of Engineering
will continue with all of the powers and be subject to all of the
duties of a Town Engineer.
D.
Division of Highway and Public Parking. To have charge and supervision
of the repair, maintenance, cleaning and lighting of all highways,
roads, streets, bridges and stormwater drainage systems and other
outdoor facilities under the jurisdiction of the Town or any special
districts thereof, and to further provide for and maintain and operate
municipal off-street public parking areas, including metered parking,
and to further supervise and to have jurisdiction over any improvement
districts related thereto. The division head of the Division of Highways
and Public Parking shall have authority to issue permits relative
to road openings and closures, excavations, and tree removal, including
but not limited to block parties, and parade permits. Furthermore,
the division head of the Division of Highways and Public Parking shall
have all the powers and duties of a Town Superintendent of Highways
as prescribed by law.
A.
The Commissioner, acting by and through any of said existing or hereafter
named divisions, shall be empowered to perform such other duties and
functions that are prescribed to be performed by him in any law, ordinance
or resolution of the Town Board or lawful directive of the Supervisor;
however, the Commissioner may delegate any of his powers to or direct
any of his duties to be performed to a Deputy Commissioner or head
of a division.
B.
The Commissioner is hereby authorized and empowered, subject to the
prior approval of the Town Board, except that such prior approval
will not be required in cases of emergency, to retain and employ private
engineers, architects and consultants, or firms practicing such profession,
for the purposes of: preparing designs, plans and estimates of structures
or projects of any type and character; rendering assistance and advice
in connection with any project, whether defined or proposed and under
the supervision of the Department of Public Works; and performing
such other and necessary services as the Commissioner may deem necessary
in the administration of the Department.
All costs and expenses incurred by the Department or its officers
or employees on behalf of a special improvement district or special
Town project shall be charged against such district or project and
paid from the funds duly appropriated for the purpose of such district
or project.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 and 125 of the Town Law of the State of New York or any other powers
which may be lawfully exercised by said Supervisor.
The Commissioner may establish a schedule of fees to be collected
by him for the filing in his office or department of any map or written
instrument required to be so filed; the preparation of any copy of
a map or written instrument filed in his office or department; for
certifying any such map or written instrument; and for any other service
rendered in connection with the work of his department and for which
he deems it necessary to charge and to collect a fee therefor.