Chapter 43: Public Works Department

There is hereby created and established the Department of Public Works of the Town of Perinton, Monroe County, New York, hereinafter referred to as the "Department of Public Works," as a separate department of government of the town.

§ 43-3 Functions.

[Amended 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]

The Department of Public Works shall be responsible for:

(1)

The construction, repair, maintenance and cleaning of all Town highways, Town bridges and Town parking facilities and the removal of snow therefrom.

(2)

The construction, repair, maintenance and cleaning of all Town buildings and facilities and the buildings and facilities of every improvement district or other district or agency thereof.

(3)

The installation and maintenance of traffic signals, other traffic control devices and street signs on all Town highways, Town bridges and Town parking facilities.

(4)

The construction, repair, maintenance and cleaning of storm drainage systems under the jurisdiction of the Town or any improvement district or other district or agency thereof.

(5)

The construction, repair, maintenance and cleaning of sanitary sewers owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof.

(6)

The operation, repair and maintenance of any sewage treatment plant owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof.

(7)

The construction, maintenance and operation of such other sanitation facilities to the extent the same shall be delegated to the Department of Public Works by the Town Board.

(8)

The construction, operation, repair and maintenance of water pumping facilities, water treatment plants and water distribution systems owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof.

(9)

The administration of the laws of the State of New York pertaining to building, housing and public buildings, including but not limited to the Multiple Residence Law of the State of New York, the New York State Uniform Fire Prevention and Building Code and the local laws, ordinances and codes of the Town of Perinton pertaining to building and housing and the construction, alteration, repair, maintenance, use and occupancy of all buildings and structures within the unincorporated areas of the Town of Perinton, including but not limited to the Zoning Law, Electrical Code, Unsafe Buildings and Collapsed Structures Ordinance, Excavation Law, Enforcement Procedures Law, Sign Law, Abandoned Vehicles Law and Fee Law,[1] as the same may be changed, altered, amended or rescinded from time to time.

[1]

Editor's Note: See Ch. 208, Zoning; Ch. 108, Electrical Standards; Ch. 95, Unsafe Buildings; Ch. 122, Excavations; Ch. 115, Enforcement Procedures; Ch. 174, Signs; Ch. 201, Storage of Vehicles; and Ch. 130, Fees.

(10)

All the functions, powers and duties in respect thereto not now vested in the Town Director of Building and Codes and Code Enforcement Officers.

(11)

The maintenance of all open lands or "forever wild" or "forever green" areas owned by, under easement to or under the sole jurisdiction of the Town or any district or agency thereof, except that this section shall not confer jurisdiction or responsibility over any conservation easements conveyed to the Town under the Conservation Easement Law.[2]

[2]

Editor's Note: See Ch. 103, Conservation Easements.

(12)

Such other work and/or services as the Town Board may lawfully direct.

Notwithstanding the foregoing, this chapter shall not prohibit the Town Board from providing for construction of any public building, street, highway, road or other facility by public contract. In addition, the Department of Public Works shall provide all services required or desirable in order to enable the Commissioner of Public Works to fulfill any duty or responsibility imposed upon such official, whether or not in his capacity as Town Superintendent of Highways, by this chapter, by any other local law, ordinance or regulation of the Town, by any lawful directive of the Town Board or by any statute of the State of New York.

§ 43-4 Establishment of Office of Commissioner of Public Works.

There is hereby created the Office of Commissioner of Public Works of the Town of Perinton, Monroe County, New York.

§ 43-5 Town Superintendent of Highways to be Commissioner of Public Works.

The Town Superintendent of Highways shall be the Commissioner of Public Works and may be referred to by either title.

§ 43-6 Appointment powers and authority of Commissioner of Public Works.

The Commissioner of Public Works shall be appointed by the Town Board to an indefinite term of office. The appointee to such office shall be removable from such office at the pleasure of the Town Board and shall be in the unclassified service of the Civil Service System.

§ 43-7 Duties and powers of Commissioner of Public Works.

[Amended 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012;12-18-2019 by L.L. No. 2-2020]

The Commissioner of Public Works shall be the principal executive officer and the administrative head of the Department of Public Works. The Commissioner of Public Works, as Town Superintendent of Highways, shall have all the powers and duties of a Town Superintendent of Highways except to the extent that any power or duty of a Town Superintendent of Highways is lawfully reserved by local law or the Town Board. The Commissioner of Public Works, as the Town Director of Building and Codes, shall have all the powers and duties of a Town Building Inspector under § 138 of the Town Law. The Commissioner of Public Works may be required by the Town Board to file with the Town Clerk reports of the activities of the Department of Public Works, and such report shall contain a budget analysis; the Commissioner of Public Works shall supply each member of the Town Board with a copy of each such report. In the event that the Commissioner of Public Works is a professional engineer duly licensed by the State of New York as such, then, the Town Board may, by resolution, confer upon such Commissioner, for all or any part of his term of office, the duties and powers of a Town Engineer; provided, however, that the Town Board may at any time revoke such delegation of duties and powers.

§ 43-8 Establishment of Office of Deputy Commissioner of Public Works.

There is hereby created the Office of Deputy Commissioner of Public Works of the Town of Perinton, Monroe County, New York.

§ 43-9 Appointment of Deputy Commissioners.

One or more Deputy Commissioners of Public Works may be appointed by the Town Board of the Town of Perinton to indefinite terms of office. The appointee to such office shall be removable from office at the pleasure of the Town Board and shall be in the unclassified service of the Civil Service System.

§ 43-10 Appointment of employees.

All employees of the Department of Public Works shall be appointed by the Town Board and shall hold the position to which appointed at the pleasure of the Town Board; provided, however, that any employee in the classified Civil Service may be removed only for cause. "Employee," as used in this section of this chapter shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works. Notwithstanding the foregoing, the Commissioner of Public Works acting in his capacity as Town Superintendent of Highways may, subject to the limitations contained in § 140 of the New York State Highway Law, appoint, within the budgetary appropriations therefor, such persons as may be necessary for maintenance of town highways, bridges and the removal of obstructions caused by snow but, § 43-14 notwithstanding, such employees shall not be transferred to any other division or office of the Department unless their appointment has been confirmed by the Town Board.

§ 43-11 Transfer of employees.

Except as limited by § 43-13 the Commissioner of Public Works may transfer any employee of the Department of Public Works from one division or office thereof and such transfer may be on either a temporary or a permanent basis; provided, however, that the salary of any employee so transferred shall not be reduced by reason of such transfer and further provided that the salary of no employee so transferred shall be increased unless such salary increase be approved in advance by the Town Board, provided that in an emergency designated as such by the Town Supervisor the salary of an employee of the Department of Public Works transferred to a classification with a higher pay scale may be paid on the basis of such higher pay scale for a period of not to exceed three days in any one month without the approval of the Town Board. For the purposes of this section of this chapter, "Town Supervisor" shall include the Deputy Town Supervisor of the town. "Employee" as used in this section shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works.

§ 43-12 Highway fund and special districts.

Except as in this chapter expressly provided, this chapter shall not in any manner change the present provisions of law in effect in the town, by reason of any provisions of any state statute or otherwise, relating to the parcels of real property presently responsible for the payment of highway items one, two, three and four and these items shall continue to be charged in the same manner as if this chapter had not been adopted. There shall be no change in the payment of real property taxes for maintenance, operation and capital cost of any improvement district or other district of the town. Except as herein expressly provided, all the charges for the foregoing shall continue to be assessed in the same manner as if this chapter had not been adopted, and the bookkeeping procedures of the Department of Public Works and the office of the Town Supervisor shall be adjusted to accommodate the provisions for tax payments for such items in the same manner as if all of the items were being performed by individual departments, districts or agencies of the town. Except as otherwise specifically provided in this chapter, all costs and expenses lawfully incurred by the Department of Public Works on behalf of any special district or improvement or other district or agency of the town or on behalf of any special town project shall be charged against such district or project and paid from the funds duly appropriated for the purpose of such district or project. The salary of each Deputy Commissioner of Public Works for highways shall be charged to the general funds of the town and not to the highway fund, except that the salary of the Deputy Commissioner of Public Works for wastewater pollution control shall be charged to the various sewer districts of the town in such proportions as the Town Board may determine to be equitable to each such district.

§ 43-13 Existing departments, districts and employees.

All property, equipment and budgetary appropriations of or for the Highway and Building and Housing Departments of the town are hereby transferred to the Department of Public Works. The employees of said Highway and Building and Housing Departments shall be continued as employees of the Department of Public Works 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 under this chapter or otherwise have, with respect to the hiring, firing, disciplining and fixing salaries of such employees. The employees of every sewer district of the town as well as any other employees of the town, other than employees of the Highway and Building and Housing Departments of the town, performing functions which are hereby transferred to the Department of Public Works shall be continued as employees of the Department of Public Works 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 with respect to the hiring, firing, disciplining and fixing salaries of such employees. Anything herein to the contrary notwithstanding, the Department of Building and Housing is abolished. The Town Superintendent of Highways shall not be considered an employee of the Highway Department of the town for the purposes of this section of this chapter.

§ 43-14 Powers of Town Board.

Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in §§ 12, 14, 15, 51 and 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. The Town Board shall have the absolute right of appointment of all employees of the Department of Public Works except as in this chapter specifically provided. All employees of the Department of Public Works shall serve at the pleasure of the Town Board. Notwithstanding the foregoing, the Commissioner of Public Works shall have the right to suspend, with pay, any employee, other than a Deputy Commissioner, for a period of not more than two weeks for cause and shall report any such suspension to the Town Board within three days of such suspension with his recommendations to the Town Board as to disciplinary action.

§ 43-15 Powers of Town Supervisor.

Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 119 of the New York State Town Law or any other powers which may be lawfully exercised by said Supervisor.

§ 43-16 Effective date.

This chapter shall take effect on the first day of January 1976, provided that it is published and certified copies thereof are filed as required by law.