[Amended 12-7-1992 by L.L. No. 8-1992[1]]
The Commissioner of Public Works may delegate by designation
to one or more persons within his/her department the specific powers
and duties which he/she has as County Engineer, County Superintendent
of Highways or County Superintendent of Parks. Such designation, setting
forth the specific powers and duties granted, shall be filed with
the County Executive and County Clerk. They may be revoked in whole
or in part by written notice by the Commissioner of Public Works,
filed with the County Executive and County Clerk. If the powers or
duties so designated or revoked are those which the Commissioner of
Public Works has as County Superintendent of Highways, a duplicate
of such written designation or revocation shall be filed with the
Commissioner of the New York State Department of Transportation. The
acts performed by such persons pursuant to such designations shall
have the same effect in law as if performed by the Commissioner of
Public Works. Any professional engineering work required to be practiced
by said Commissioner in the exercise of the powers and duties of his/her
office shall be delegated to one or more licensed professional engineers
unless said Commissioner shall be a licensed professional engineer.
The Commissioner of Public Works, or his/her designee:
(a)
May, within the appropriations provided therefor, and when authorized by the County Executive, employ such special engineering, architectural or other technical counsel and incur such expenses as may be necessary for the performance of any of the duties set forth in Article XIV of the Charter or Article XIV of the Code, except that the professional fees or other compensation shall not exceed rates approved by the County Legislature;
(b)
May contract, subject to the approval of the County Executive and the County Legislature, with any public corporation, public authority or any combination of the same for public works services pursuant to Section 33.02 of the Charter and Section 33.01 of this Code;
(c)
Shall assist the County Executive or his/her designee in the advertising
and calling for bids on the construction of any capital project of
the County, when such advertising and calling for bids is required,
and further assist in the preparation of specifications, and submit
his/her recommendations with respect to the awarding of such bids
to the County Executive;
(d)
Shall assist all administrative units in the preparation of and development
of information for their respective capital project requests, when
such assistance is requested;
(e)
Shall file with the County Executive copies of statements and reports
required to be filed with the County Legislature and the State Department
of Public Works by Paragraphs 3 and 7 of § 102 of the Highway
Law;
(f)
Shall file with the County Executive, the Comptroller and the Commissioner
of Finance copies of the inventories required by Paragraph 13 of § 102
of the Highway Law to be filed with the County Legislature;
(g)
May authorize the rental, with or without operator, of the public works machinery, tools, equipment and implements by any public corporation, public authority or any combination of the same as provided by Section 33.02 of the Charter or Section 33.01 of this Code, upon such terms as may be agreed upon, but with the payment to the County of not less than the hourly rate as fixed by the Commissioner of the New York State Department of Transportation for the rental or hiring of such machinery, tools, equipment or implements by the County. All sums obtained pursuant to any terms agreed upon shall be deposited in the County road machinery fund;
(h)
May authorize the rental of machinery from any person, company, public or private corporation, public authority or any combination of the same as provided by Section 33.02 of the Charter or Section 33.01 of this Code, and such rental shall be payable from the County road fund;
(i)
Shall have powers and duties in relation to the construction and
management of County facilities for drainage, flood control, sanitation,
sewerage or water supply, including the management of County improvement
districts, including, but not limited to, County water, sewer, water
supply and drainage districts;
(j)
Shall have powers and duties in relation to the development and management
of County parks and recreation facilities, beaches, zoological and
botanical gardens, golf courses, and any other recreation facilities;
(k)
Shall have powers and duties in relation to the development and management
of programs relating to the conservation function of forestry, reforestation,
fish and wildlife propagation and other kindred activities other than
soil conservation within the County of Dutchess, and in connection
therewith shall consult with and advise any executive unit requesting
his/her services in the selection, planting, care and maintenance
of trees on any property owned or operated by the County;
(l)
Shall perform professional engineering, surveying and related engineering
services for the County and supervise the design and construction
of all capital projects when any of such capital projects are designed
and constructed by the County or by any other governmental unit or
private contractor under contract to the County, or any combination
of the same;
(m)
Have jurisdiction, direction and control over, administer, maintain,
manage and operate all aviation facilities required by the County,
including airports, lands, structures, runways, equipment and appurtenances;
(n)
Recommend for adoption by the County Legislature regulations for
the maintenance of order and safety with respect to and for the utilization
of all aviation facilities and appurtenances owned by and under the
control of the County at the Dutchess County Airport, and affixing
penalties for violations thereof, pursuant to law;
(o)
Conduct negotiations with respect to the granting of leases, concessions,
licenses, and permits for use of aviation facilities, lands, structures
and appurtenances at the Dutchess County Airport; and to recommend
the appropriate action thereon by the County Legislature in accordance
with Article 14 of the General Municipal Law of the State of New York;
the County Legislature shall not be precluded from acting upon its
own initiative upon such matters;
(p)
Recommend to the County Legislature for its action schedules of charges
for use of aviation facilities, lands, structures and appurtenances
at the Dutchess County Airport. All rental, fees and funds collected
or received by the Commissioner in the discharge of his/her official
duties or by the Department of Public Works shall be deposited by
the Commissioner with the Commissioner of Finance and credited by
him/her to the general fund;
(q)
Prepare for and upon request by the Commissioner of Finance such
reports as will accurately reflect the cost and performance of the
functions of his/her department in connection with the operation of
the Dutchess County Airport;
(r)
Be responsible for and have the duty of maintaining liaison with
all state and federal aviation agencies and for compliance with all
regulations applicable to the County Airport under the rules and regulations
of such state and federal agencies in reference to the operation,
maintenance and safety of said airport; and
(s)
Perform such other and related duties as may be prescribed by the
County Executive or the County Legislature.
The Commissioner shall have the power to recommend to the County
Executive the appointment of such Deputy Commissioners of Public Works,
assistants and employees of his/her department as shall be authorized
by the County Legislature. All persons so appointed shall be directly
responsible to the Commissioner of Public Works, except where otherwise
provided by the Charter, this Code, or by applicable law.
The Commissioner, subject to the approval of the County Executive,
shall designate in writing, in order of succession, the Deputy Commissioner
of Public Works who shall be the Acting Commissioner of Public Works
in the event of his/her absence from the County or inability to perform
and exercise the powers and duties of his/her office. Such designation
shall be filed with the County Clerk and the Clerk of the County Legislature
and may be revoked at any time by the Commissioner filing a new written
designation and order of succession. The Acting Commissioner of Public
Works shall have all the powers and perform all the duties of the
Commissioner.
The Commissioner of Public Works and such of his/her deputies,
officers and employees as the County Legislature or County Executive
shall require shall give a surety bond to the County in the sum fixed
by the County Legislature conditioned for the faithful performance
of his/her duties. Such bond shall be approved as to form by the County
Attorney and as to the sufficiency of surety by the County Executive,
and filed with the County Clerk. It shall be a charge on the County.
