N.Y. Village Law § 4-412: The board of trustees

§ 4-412 The board of trustees. 1. General powers of the board of

trustees. a. In addition to any other powers conferred upon villages,

the board of trustees of a village shall have management of village

property and finances, may take all measures and do all acts, by local

law, not inconsistent with the provisions of the constitution, and not

inconsistent with a general law except as authorized by the municipal

home rule law, which shall be deemed expedient or desirable for the good

government of the village, its management and business, the protection

of its property, the safety, health, comfort, and general welfare of its

inhabitants, the protection of their property, the preservation of peace

and good order, the suppression of vice, the benefit of trade, and the

preservation and protection of public works. The board of trustees may

create or abolish by resolution offices, boards, agencies and

commissions and delegate to said offices, boards, agencies and

commissions so much of its powers, duties and functions as it shall deem

necessary for effectuating or administering the board of trustees duties

and functions.

b. Whenever the constitutionality of any local law, ordinance, rule or

regulation of a village is brought into issue upon a trial or hearing of

any civil cause of action or proceeding in any court, and the village is

not a party to such action or proceeding, notice shall be served upon

the village in accordance with section one thousand twelve of the civil

practice law and rules.

2. Procedure for meetings. The mayor of the village shall preside at

the meetings of the board of trustees as provided in section 4-400 of

this article. A majority of the board shall constitute a quorum for the

transaction of business, but a less number may adjourn and compel the

attendance of absent members. Whenever required by a member of the

board, the vote upon any question shall be taken by ayes and noes, and

the names of the members present and their votes shall be entered in the

minutes. The board may determine the rules of its procedure, and may

compel the attendance of absent members by the entry of a resolution in

the minutes, directing any peace officer, acting pursuant to his special

duties, or police officer residing within the village to arrest such

absent member and take him before the board of trustees to answer for

his neglect. A copy of the resolution, certified by the clerk of the

village, shall be sufficient authority to such officer residing in the

village to arrest such absent member and bring him before the board.

3. In addition the board of trustees:

(1) Drains. May, for the purpose of arresting and preventing damage to

property within the village resulting from floods or erosion, construct

drains, culverts, dams and bulkheads, and dredge channels, and regulate

water courses, ponds and watering places within or without the village.

Power and authority is hereby conferred upon the board of trustees of a

village, in the name of the village, to acquire property necessary for

such public improvements, whether located within or without such

village, by purchase or by condemnation in the manner provided by the

condemnation law. No property shall be acquired or such a public

improvement constructed without the corporate limits of a village except

with the consent of the governing board or body of the city, town or

village in which such property is situated or such public improvement is

proposed to be constructed. Such consent may only be given after a

public hearing held within such city, town or village pursuant to notice

published at least once and at least ten days prior to the hearing in a

newspaper having general circulation in the municipality in which the

hearing is to be held. Consent given by the governing board or body by

any such municipality shall not impose a liability against the city,

town or village and the maintenance and repair of any such improvement

shall remain the responsibility of the village making the improvement.

The cost of the work, including the acquisition of property, shall be a

charge against the village, except that in respect of improvements

wholly within the village, or that part thereof located therein, the

work may be done wholly at the expense of the village or of the owners

of the property benefited, or partly at the expense of each as a local

improvement. The term "property" as used in this section is defined to

include lands, structures, rights in lands, including lands under water,

riparian rights and any and all other things and rights usually included

within the said town, and shall include also easements, rights of way,

uses, leases, licenses and any and all interests in such property less

than full title.

(2) Banks of deposit. Shall designate in the manner provided by

section ten of the general municipal law the depositaries for the

deposit of all moneys received by the treasurer, clerk, receiver, and

town receiver who is designated and appointed as village receiver; and

may require a report by the cashier thereof to each regular meeting of

the board of the amount on deposit to the credit of the treasurer and

such other village officers.

(3) Payment and compromise of claims. The board of trustees may pay or

compromise claims equitably payable by the village, though not

constituting obligations legally binding on it in those cases in which

there has been a payment to the village through error or mistake and to

which funds the village is not entitled, but the trustees shall have no

power to waive the defense of the statute of limitations or to grant

extra compensation to any public officer, servant or contractor.

(4) Waste disposal. May, whenever in its judgment, the interest of the

village require it, purchase or acquire by condemnation proceedings,

lands for the establishment of a public waste disposal site or disposal

plant within or without any such village, and prohibit the use of any

other lands within the village for such purpose. But no land shall be

acquired without the corporate limits of the village for such purpose

without the consent of the board of trustees, town board, common council

or other similar legislative body of the village, town or city in which

such land is situate.

(5) Sale of abandoned or lost property. May transfer to the general

fund the proceeds realized from the sale of lost or abandoned property.

(6) Franchises; competing light or water system. May grant rights and

franchises or permission to use the streets, highways, public places or

any part thereof or the space above or under them or any of them for any

specific purpose upon such terms and conditions as it may deem proper

and as may be permitted by law. No franchise shall be granted without a

public hearing notice of which shall be given by publication in the

official newspaper at least ten days before the meeting. If a village

operates a municipal lighting system or water system the granting of a

right or franchise in competition with such system shall be subject to a

permissive referendum as defined in this chapter.

(7) Acceptance of dedicated streets. Is authorized to accept the

dedication of lands in the village for a public street or streets in the

village.

(8) Public docks. Subject to the provisions of general law, may

acquire, construct, enlarge, extend or improve public docks, as a

municipal purpose, within or without the corporate limits thereof and

may acquire land therefor, provided however that one end of any such

dock shall be within the corporate limits of the village. Before any

such dock shall be acquired, constructed or extended beyond the

corporate limits of the village into a town, the consent of the town

board shall be obtained. Charges for use of the facilities of any such

dock may be imposed.

(9) Fire protection and ambulance service. a. May contract for the

furnishing of fire protection within the village with the fire

department in the village or with any city, village, fire district, or

incorporated fire company having its headquarters outside such village

and maintaining adequate and suitable apparatus and appliances for the

furnishing of fire protection in such village. The contract also may

provide for the furnishing of emergency service in case of accidents,

calamities or other emergencies in connection with which the services of

firefighters would be required, as well as in case of alarms of fire.

The contract also may provide for the furnishing of general ambulance

service subject, however, to the provisions of section two hundred

nine-b of the general municipal law. In the event that the fire

department or fire company furnishing fire protection within the village

pursuant to contract does not maintain and operate an ambulance then a

separate contract may be made for the furnishing within the village of

emergency ambulance service or general ambulance service, or both, with

any city, village or fire district the fire department of which, or with

an incorporated fire company having its headquarters outside the village

which, maintains and operates an ambulance subject, however, in the case

of general ambulance service, to the provisions of section two hundred

nine-b of the general municipal law.

a-1. (i) Except as provided in clause (ii) of this subparagraph, prior

to commencing the negotiation process for such contract with an

incorporated fire company, the incorporated fire company shall file with

the board of trustees a statement itemizing the estimated costs of the

incorporated fire company attributable to the provision of services

under the prospective contract. The estimated costs attributable to the

provision of services under the prospective contract itemized in the

statement shall include, at a minimum, those, if any, for: supplies;

materials; operation, maintenance and repair of equipment and apparatus;

insurance; training; protective clothing, gear and other personnel

costs; building rental, maintenance and operation; and a specified

proportionate share of capital costs. If the fire company is required to

prepare any of the following documents, copies shall be included with

the statement:

(A) the fire company's most recent annual report of directors pursuant

to section five hundred nineteen of the not-for-profit corporation law;

(B) the fire company's most recent verified certificate pursuant to

subdivision (f) of section fourteen hundred two of the not-for-profit

corporation law;

(C) the fire company's most recent internal revenue service form 990;

and

(D) the fire company's most recent annual report pursuant to section

thirty-a of the general municipal law.

(ii) Upon good cause shown, the board of trustees may, by resolution,

waive in whole or in part the requirement that the fire company file the

statement, and copies of documents, required by clause (i) of this

subparagraph.

b. The period for which such service may be furnished under any such

contract shall not exceed five years. The contract shall specify a

definite sum to be paid each year for such service. No such contract

shall be entered into until a public hearing has been held by the board

of trustees. Notice of such hearing shall be published at least once in

at least one newspaper having general circulation in the village. Such

notice shall specify the time when and place where said hearing will be

held, and describe in general terms the proposed contract. The first

publication thereof shall be at least ten days prior to the day

specified for such hearing.

c. By mutual consent of the contracting parties, and after a public

hearing held pursuant to notice in the manner aforesaid, any such

contract heretofore or hereafter executed may be (1) amended, (2)

terminated, or (3) terminated and a new contract may be entered into in

lieu thereof, if the board of trustees, after such hearing, shall

determine, by resolution, that it is in the public interest so to do.

Such notice shall state in general terms the reason why any existing

contract is to be amended or terminated, and if a new contract is to be

entered into the notice shall also describe the new contract in general

terms.

d. The provisions of this subdivision shall not be deemed to have

amended subdivision two of section two hundred nine-b or section two

hundred nine-d of the general municipal law, or any other general,

special or local law requiring the consent of a fire department, fire

company or an emergency rescue and first aid squad to the entering into

of a contract for services to be performed by such department, company

or squad.

e. The term "fire protection", as used in this section, includes

inspections of buildings and properties in the village or portion

thereof, required to be protected under a contract for fire protection

pursuant to the provisions of this subdivision, for the purposes

specified in and as authorized by sections eight hundred seven-a and

eight hundred seven-b of the education law, subdivision four of section

three hundred three of the multiple residence law, and section two

hundred fourteen of this chapter.

(10) Air rights and subsurface areas. May, in addition to such powers

as may be granted by any other law, lease to any person, firm or

corporation, for commercial or private use, the air rights over or the

subsurface area under any property of the village acquired or to be

acquired for street purposes, public parking garages, parking spaces or

public off-street loading facilities. Such lease may only be entered

into when such air rights or subsurface areas are not needed for village

purposes. Any such lease may be for a term not exceeding fifty years and

may be renewed for such additional term or terms as the board of

trustees may provide. Any such lease shall contain provisions requiring

the lessee to construct facilities adequate to support and maintain,

without interference, the village parking or off-street loading

facilities being conducted by the village and in such manner as to

minimize or avoid the relocation of public utility facilities and may

also contain such other provisions, conditions and restrictions,

including the responsibility of the lessee to excavate land or erect or

construct buildings, structures, substructures or superstructures at the

expense of the lessee, as the board of trustees may prescribe. Such

lease must provide that title to any buildings, structures,

substructures or superstructures erected or constructed by the lessee

shall vest in the village at the termination of the lease. Any such

buildings, structures, substructures, or superstructures, the title to

which remains in the lessee, during the term of the lease, shall be

deemed to be real property for purposes of taxation as defined in

subdivision twelve of section one hundred two of the real property tax

law.

(11) Every officer, board or agency of a village shall let all

contracts for public work and all purchase contracts to the lowest

responsible bidder after advertisement for bids where so required by

section one hundred three of the general municipal law.

(12) An officer or person who assumes to create a liability or

appropriate money or property of the village without authority of law,

or assents thereto, is personally liable for such debt, or to the

village for such money or property. Each member of a village board

present at a meeting thereof when such unlawful action is taken is

deemed to have assented thereto, unless he expressly dissents and

requests such dissent to be entered upon the minutes of the meeting. If

any person shall have heretofore appropriated or shall hereafter

appropriate money or preperty of the village, contrary to law, and the

facts in relation thereto are known to the board of trustees, and, after

this section as amended takes effect, such board fail for thirty days to

bring an action against such person to recover such money or property,

each member of the board having such knowledge shall be guilty of a

misdemeanor and liable to removal from office unless within such period

of thirty days he shall file with the village clerk a written request,

signed by him, requesting the bringing of, such action or shall cause to

be entered upon the minutes of a meeting of the board a motion made by

him for the bringing of such action, or his vote in favor of such a

motion.

(13) Loitering. May prohibit and punish loitering; provided however,

that such ordinance or law shall only prohibit loitering for a specific

illegal purpose or loitering in a specific place of restricted public

access and shall therein set forth guidelines for application of such

prohibitions by law enforcement officers so as to prevent arbitrary or

discriminatory enforcement of such prohibitions.