[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.]
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.
