Pursuant to the authority of the Municipal Home Rule Law of
the State of New York, the Town Board of the Town of Clarkstown has
found it necessary for the health, safety and general welfare of the
inhabitants of the Town of Clarkstown to enact a local law to consolidate
and centralize, by this chapter, the structure, functions and duties
of the officials and employees within the Environmental Control, Sewer,
Solid Waste, Building Maintenance and Town Garage Departments, as
well as certain custodial and maintenance employees in the Parks and
Recreation Department, so as to permit and foster the orderly operation
of functions and responsibilities of the government of the Town of
Clarkstown. Such consolidation is intended to realize efficiencies
and economies of administration and operation of the functions presently
performed by the above departments and thereby avoid duplication of
efforts. It is the finding of the Town Board of the Town of Clarkstown
that such savings will include, among others, efficiency in the joint
use and management of vehicles and equipment, consolidation of purchasing,
additional contingency resources for functions of all the departments,
consolidation of telephone and secretarial services and flexibility
in assignment of administrative responsibilities. Nothing in this
chapter will supersede any provisions of the current Labor Agreement
between the Town of Clarkstown and the Civil Service Employees Association
of the Town of Clarkstown.
There is hereby established in the Town of Clarkstown, pursuant
to the Town Law of the State of New York, a department of Town government
known as the "Department of Engineering and Facilities Management
of the Town of Clarkstown," and the functions and personnel of the
Environmental Control, Sewer, Solid Waste, Building Maintenance and
Town Garage Departments, as well as certain custodial and maintenance
employees in the Parks and Recreation Department, are hereby transferred
to the Department of Engineering and Facilities Management of the
Town of Clarkstown.
The executive head of the Department shall be the Director of
Engineering and Facilities Management, hereinafter referred to as
the "Director," who shall be appointed by the Town Board of the Town
of Clarkstown. The Director shall be in the unclassified civil service.
This individual is the successor to, and is hereby delegated all the
same responsibility and authority as, the Director of Environmental
Control as it relates to escrows, performance bonds, letter of credit
and memorandums of default to insure the diligent completion or maintenance
of certain projects or contracts. The Director of Engineering and
Facilities Management shall be deemed to replace the Director of Environmental
Control in any past or future escrows, performance bonds and letter
of credit agreements or contracts.
The Department of Engineering and Facilities Management shall
be divided into the Engineering Division and the Facilities Management
Division. A Deputy Director may be placed in charge of each Division.
Each Deputy shall be in the exempt civil service. In the absence of
a Deputy Director being appointed in either Division, the Director
shall be responsible for the duties assigned to the Deputy for such
Division.
The First Deputy in charge of engineering shall:
A. Supervise
and be responsible for personnel assigned to this section.
B. Conduct
field surveys and prepare designs, including drafting and preparation
of cost estimates for Town projects.
C. Be responsible for the preparation of descriptions and survey computations
in connection with easements to be acquired by the Town of Clarkstown.
D. Investigate and make recommendations to appropriate Town agencies
for the correction of homeowners' complaints, where appropriate.
E. Prepare specifications and bid documents for municipal projects authorized
by the Town Board.
F. Assemble and prepare the necessary information for environmental
impact statements as may be required by the Environmental Conservation
Law, Article 8, also known as the "State Environmental Quality Review
Act."
G. Review and implement rules and regulations which may be adopted from
time to time by state, county and Town agencies for the protection
of the environment.
H. Perform specific duties and conduct miscellaneous construction projects
as assigned by the Director.
All property, equipment and budgetary appropriations of or for
the Environmental Control, Sewer, Solid Waste, Building Maintenance
and Town Garage Departments, as well as certain custodial and maintenance
employees in the Parks and Recreation Department, are hereby reassigned
to the Department of Engineering and Facilities Management of the
Town of Clarkstown. The employees of said departments shall be continued
as employees of the Department of Engineering and Facilities Management
of the Town of Clarkstown 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 have under this chapter or otherwise with respect to the hiring,
firing, disciplining and salaries of such employees.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Board contained in § 64 of the New
York State Town Law, provided for by the New York State Municipal
Home Rule Law, or other powers which may be lawfully exercised by
said Board.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 or 125 of the New York State Town Law or any other powers which
may be lawfully exercised by said Supervisor.
If any section, provision or part thereof in this chapter shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
then such adjudication shall not affect the validity of the chapter
as a whole, or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
This chapter shall be effective when filed with the Secretary
of State of the State of New York.