[HISTORY: Adopted by the Town Board of the
Town of Bedford 6-5-2007 by L.L.
No. 1-2007.[1] Amendments noted where applicable.]
It is the legislative intent of the Town Board
of the Town of Bedford to consolidate and centralize, by this chapter,
the structure, functions and duties of the officials and employees
within the present Highway Department and Water Department so as to
permit and foster the orderly operation of the public works functions
and responsibilities of the government of the Town of Bedford. Such
consolidation is intended to realize efficiencies and economics of
administration and operation of the functions presently performed
by both departments and thereby avoid duplication of efforts. It is
the finding of the Town Board of the Town of Bedford that such savings
include, among others, efficiency in the joint use and maintenance
of vehicles, consolidations of purchasing, additional contingency
resources for functions of both departments and flexibility in assignment
of administrative responsibilities.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
The Commissioner of Public Works as chief executive officer
of the Department of Public Works and may be referred to by either
title.
The Town of Bedford Department of Public Works.
A.
There is hereby established for the Town of Bedford
a Department of Public Works (hereinafter "Department"). Simultaneously,
the present Department of Highways and Department of Water are hereby
dissolved and abolished.
B.
All of the functions of the former Departments of
Highways and Water are hereby transferred to the Department of Public
Works.
C.
All employees of the former Departments of Highways
and Water shall be continued as employees in the Department of Public
Works, with the same classification, pension and retirement rights
and privileges as they had immediately prior to such transfer; provided,
however, that nothing herein shall deprive the Town Board of any power
it may have with respect to any such employees.
E.
The Town Board may, from time to time, establish,
consolidate or abolish any divisions, operating groups, bureaus or
other service units in the Department and assign or transfer any powers,
duties or functions of the Department to or from any division therein
or to any other department and may reorganize, transfer or assign
any officers or employees in each division from one to another.
[Amended 6-5-2007 by L.L. No. 5-2007]
[Amended 6-5-2007 by L.L. No. 5-2007; 2-7-2023 by L.L. No. 1-2023]
The principal executive officer and administrative
head of the Department shall be the Commissioner, who shall be appointed
by the Town Board for a term of two years, pursuant to and in accordance
with §§ 53-c and 64, Subdivision 21-a, of the Town
Law, and at such salary as may from time to time be fixed by the Town
Board. The initial term of said position shall expire on December
31, 2007. The Commissioner 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 employees under his jurisdiction
in accordance with the Civil Service Law. The Commissioner may also
appoint up to two Deputy Commissioners who shall have the power to
act generally for and in place of his or her principal, and these
positions shall be in the exempt class of the civil service system. If
more than one Deputy Commissioner is appointed, the Commissioner shall
designate in writing the responsibilities of each Deputy Commissioner.
A.
The Commissioner shall have such powers as shall be
necessary for the proper administration of the Department consistent
with applicable provisions of law.
B.
The Department shall be responsible for the following
duties:
(1)
The Department shall maintain all Town roads and parking
areas in conformance with the state Highway Law and any other applicable
laws or ordinances; manufacture or purchase and install all traffic
signs and line all Town roads, as provided in the New York State Manual
of Uniform Traffic Devices and any other applicable laws or ordinances.
(2)
The Department shall maintain the entire water and
sewer systems throughout the Town, including the operation and maintenance
of pumping stations and all related facilities, and continue to purchase
water for and bill subscribers pursuant to the rules and regulations
of the Town's water districts, all pursuant to the Town Code and any
other applicable laws and ordinances.
(3)
The Department shall maintain and operate the Town
of Bedford Recycling Center pursuant to the Town Code and any other
applicable laws and ordinances.
A.
The Commissioner, acting by and through any of said
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 direction of the Supervisor.
B.
The Commissioner shall have charge of and be responsible
for the general administration of department matters, including office
management; budget coordination and purchasing control; cost studies
and analysis; maintenance and landscaping of Town roads; recommendation
of and participation in capital improvement programs; and such other
matters as listed below or as may, from time to time, be assigned
by the Town Board. The Commissioner shall also:
(1)
Ascertain that all Town ordinances and Town and state
codes, rules or regulations that pertain to the Public Works Department
are complied with and implemented where necessary.
(2)
Establish and maintain close liaison and cooperation
with the State and County Departments of Public Works.
(3)
Formulate programs for the various special districts,
storm sewers, etc., that will efficiently meet the needs of the people
in the special district.
(4)
See that all Town equipment and facilities are adequately
maintained.
(5)
Review specifications for supplies, new equipment
and repairs before the specifications are submitted for competitive
bidding.
(6)
Tabulate and account for all public works expenditures
and compare with the budget; submit a monthly report to the Town Supervisor.
(7)
Ensure that all public works projects under contract
to private individuals and projects being performed by Town personnel
are adequately inspected.
(8)
Answer questions, investigate complaints and process
suggestions relating to the public works received either directly
from the public or assigned by the Supervisor, and report to the Supervisor.
(9)
Establish and oversee a capital expenditures program
for each department within the public works organization and submit
it annually to the Town Supervisor when directed.
(10)
Submit to the Town Supervisor annually, when directed,
an operating budget for the Department and each special district for
the ensuing calendar year.
(11)
Recommend to the Town Board any new ordinances or
revisions to existing ones that will improve the operation or efficiency
of the Public Works Department or in any way favorably affect the
general welfare of the Town and its residents.
(12)
Ensure that Town personnel policies, civil service
laws and contract rules are uniformly enforced within the Department.
(13)
Establish personnel training procedures and ensure
that there will be manpower available and trained when vacancies occur
or during an absence.
(14)
Maintain an inventory of all department equipment
by division.
(15)
Establish procedures for determining the operating
and maintenance costs on all major equipment items and make economic
comparisons when requested by the Supervisor or the Town Board.
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.
Nothing herein contained shall be construed
to affect the position of Superintendent of Highways, which position
exists by virtue of state law, it being the intention of the Town
Board that the position of Superintendent of Highways and Commissioner
of Public Works are compatible and shall be held simultaneously by
the same individual.
