Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 8-25-1976 by L.L. No. 7-1976 (Ch. 8 of the 1974 Code); amended in its entirety 12-13-2018 by L.L. No. 9-2018. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 146.
Stormwater management — See Ch. 249A.
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 Director shall:
A. 
Be responsible for the supervision and administration of the Department of Engineering and Facilities Management.
B. 
Review, make recommendations and approve, where necessary, the public or private work conducted within the Town of Clarkstown as it may affect landfills and excavations, shade trees, pollution, and drainage and sewage, except drainage and sewage in undedicated subdivisions .
C. 
Act as consultant to the Town Board, Planning Board, Board of Appeals, Architectural Historic Review Board and Sanitation Commission in matters relating to the environment.
D. 
Act as liaison for the Town with federal, state and county agencies, such as the United States Environmental Protection Agency, the United States Department of Agriculture (Soil Conservation Service), the New York State Department of Environmental Conservation, the Rockland County Department of Health and the Rockland County Drainage Agency .
E. 
Act as liaison with other municipalities in which there may be overlapping jurisdiction which may affect the closed landfill, drainage and sewage.
F. 
Serve as the Town Floodplain Administrator.
G. 
Serve as the Town Stormwater Management Officer.
H. 
Responsible for the repairs, alterations, and management of all Town facilities, exclusive of those facilities within a public road, or rights-of-way which are under the jurisdiction of the Superintendent of Highways, including fences, Town pools and filtration systems, plumbing, carpentry, masonry, painting, landscaping, building of new structures, removing refuse and management of all facility grounds.
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.
A. 
The Deputy in charge of facilities management shall supervise and be responsible for groundskeeping, facilities management and building repair operations of Town buildings and facilities and repairs to Town vehicles.
B. 
Responsible for the supervision of the Sewer Department and closed sanitary landfill and all personnel employed in said agencies.
C. 
Such Deputy shall, in addition to the above:
(1) 
Be responsible for the continued monitoring, operation and management of the closed sanitary landfill.
(2) 
Implement and ensure compliance with all local and state mandates for closed sanitary landfill and sewer facilities.
(3) 
Provide contract administration for consultants performing monitoring services at the closed sanitary landfill.
(4) 
Be responsible for the Town garbage and bulk refuse and the Town recycling collection contracts, including contract administration and compliance, and resolution of complaints.
(5) 
Supervise the Sewer Department staff, pump station operation, confined space entries operations, vehicle and mobile equipment management, sanitary sewer utility markouts and the issuance of sanitary sewer permits.
(6) 
Respond to sewer and sewage overflow emergencies, including regulatory agency reporting.
(7) 
Review and make recommendations on complaints received in connection with the construction and management of Town sewers or claims resulting from sewage spills or blockages.
D. 
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.