N.Y. VIL Law § 4-412 — New York Code / Act VIL / Article 4 / Section 4-412
The board of trustees
Status: in_force

§ 4-412 The board of trustees. 1. General powers of the board of\ntrustees. a. In addition to any other powers conferred upon villages,\nthe board of trustees of a village shall have management of village\nproperty and finances, may take all measures and do all acts, by local\nlaw, not inconsistent with the provisions of the constitution, and not\ninconsistent with a general law except as authorized by the municipal\nhome rule law, which shall be deemed expedient or desirable for the good\ngovernment of the village, its management and business, the protection\nof its property, the safety, health, comfort, and general welfare of its\ninhabitants, the protection of their property, the preservation of peace\nand good order, the suppression of vice, the benefit of trade, and the\npreservation and protection of public works. The board of trustees may\ncreate or abolish by resolution offices, boards, agencies and\ncommissions and delegate to said offices, boards, agencies and\ncommissions so much of its powers, duties and functions as it shall deem\nnecessary for effectuating or administering the board of trustees duties\nand functions.\n  b. Whenever the constitutionality of any local law, ordinance, rule or\nregulation of a village is brought into issue upon a trial or hearing of\nany civil cause of action or proceeding in any court, and the village is\nnot a party to such action or proceeding, notice shall be served upon\nthe village in accordance with section one thousand twelve of the civil\npractice law and rules.\n  2. Procedure for meetings. The mayor of the village shall preside at\nthe meetings of the board of trustees as provided in section 4-400 of\nthis article. A majority of the board shall constitute a quorum for the\ntransaction of business, but a less number may adjourn and compel the\nattendance of absent members. Whenever required by a member of the\nboard, the vote upon any question shall be taken by ayes and noes, and\nthe names of the members present and their votes shall be entered in the\nminutes. The board may determine the rules of its procedure, and may\ncompel the attendance of absent members by the entry of a resolution in\nthe minutes, directing any peace officer, acting pursuant to his special\nduties, or police officer residing within the village to arrest such\nabsent member and take him before the board of trustees to answer for\nhis neglect. A copy of the resolution, certified by the clerk of the\nvillage, shall be sufficient authority to such officer residing in the\nvillage to arrest such absent member and bring him before the board.\n  3. In addition the board of trustees:\n  (1) Drains. May, for the purpose of arresting and preventing damage to\nproperty within the village resulting from floods or erosion, construct\ndrains, culverts, dams and bulkheads, and dredge channels, and regulate\nwater courses, ponds and watering places within or without the village.\nPower and authority is hereby conferred upon the board of trustees of a\nvillage, in the name of the village, to acquire property necessary for\nsuch public improvements, whether located within or without such\nvillage, by purchase or by condemnation in the manner provided by the\ncondemnation law. No property shall be acquired or such a public\nimprovement constructed without the corporate limits of a village except\nwith the consent of the governing board or body of the city, town or\nvillage in which such property is situated or such public improvement is\nproposed to be constructed. Such consent may only be given after a\npublic hearing held within such city, town or village pursuant to notice\npublished at least once and at least ten days prior to the hearing in a\nnewspaper having general circulation in the municipality in which the\nhearing is to be held. Consent given by the governing board or body by\nany such municipality shall not impose a liability against the city,\ntown or village and the maintenance and repair of any such improvement\nshall remain the responsibility of the village making the improvement.\nThe cost of the work, including the acquisition of property, shall be a\ncharge against the village, except that in respect of improvements\nwholly within the village, or that part thereof located therein, the\nwork may be done wholly at the expense of the village or of the owners\nof the property benefited, or partly at the expense of each as a local\nimprovement. The term "property" as used in this section is defined to\ninclude lands, structures, rights in lands, including lands under water,\nriparian rights and any and all other things and rights usually included\nwithin the said town, and shall include also easements, rights of way,\nuses, leases, licenses and any and all interests in such property less\nthan full title.\n  (2) Banks of deposit. Shall designate in the manner provided by\nsection ten of the general municipal law the depositaries for the\ndeposit of all moneys received by the treasurer, clerk, receiver, and\ntown receiver who is designated and appointed as village receiver; and\nmay require a report by the cashier thereof to each regular meeting of\nthe board of the amount on deposit to the credit of the treasurer and\nsuch other village officers.\n  (3) Payment and compromise of claims. The board of trustees may pay or\ncompromise claims equitably payable by the village, though not\nconstituting obligations legally binding on it in those cases in which\nthere has been a payment to the village through error or mistake and to\nwhich funds the village is not entitled, but the trustees shall have no\npower to waive the defense of the statute of limitations or to grant\nextra compensation to any public officer, servant or contractor.\n  (4) Waste disposal. May, whenever in its judgment, the interest of the\nvillage require it, purchase or acquire by condemnation proceedings,\nlands for the establishment of a public waste disposal site or disposal\nplant within or without any such village, and prohibit the use of any\nother lands within the village for such purpose. But no land shall be\nacquired without the corporate limits of the village for such purpose\nwithout the consent of the board of trustees, town board, common council\nor other similar legislative body of the village, town or city in which\nsuch land is situate.\n  (5) Sale of abandoned or lost property. May transfer to the general\nfund the proceeds realized from the sale of lost or abandoned property.\n  (6) Franchises; competing light or water system. May grant rights and\nfranchises or permission to use the streets, highways, public places or\nany part thereof or the space above or under them or any of them for any\nspecific purpose upon such terms and conditions as it may deem proper\nand as may be permitted by law. No franchise shall be granted without a\npublic hearing notice of which shall be given by publication in the\nofficial newspaper at least ten days before the meeting. If a village\noperates a municipal lighting system or water system the granting of a\nright or franchise in competition with such system shall be subject to a\npermissive referendum as defined in this chapter.\n  (7) Acceptance of dedicated streets. Is authorized to accept the\ndedication of lands in the village for a public street or streets in the\nvillage.\n  (8) Public docks. Subject to the provisions of general law, may\nacquire, construct, enlarge, extend or improve public docks, as a\nmunicipal purpose, within or without the corporate limits thereof and\nmay acquire land therefor, provided however that one end of any such\ndock shall be within the corporate limits of the village. Before any\nsuch dock shall be acquired, constructed or extended beyond the\ncorporate limits of the village into a town, the consent of the town\nboard shall be obtained.  Charges for use of the facilities of any such\ndock may be imposed.\n  (9) Fire protection and ambulance service.  a. May contract for the\nfurnishing of fire protection within the village with the fire\ndepartment in the village or with any city, village, fire district, or\nincorporated fire company having its headquarters outside such village\nand maintaining adequate and suitable apparatus and appliances for the\nfurnishing of fire protection in such village. The contract also may\nprovide for the furnishing of emergency service in case of accidents,\ncalamities or other emergencies in connection with which the services of\nfirefighters would be required, as well as in case of alarms of fire.\nThe contract also may provide for the furnishing of general ambulance\nservice subject, however, to the provisions of section two hundred\nnine-b of the general municipal law. In the event that the fire\ndepartment or fire company furnishing fire protection within the village\npursuant to contract does not maintain and operate an ambulance then a\nseparate contract may be made for the furnishing within the village of\nemergency ambulance service or general ambulance service, or both, with\nany city, village or fire district the fire department of which, or with\nan incorporated fire company having its headquarters outside the village\nwhich, maintains and operates an ambulance subject, however, in the case\nof general ambulance service, to the provisions of section two hundred\nnine-b of the general municipal law.\n  a-1. (i) Except as provided in clause (ii) of this subparagraph, prior\nto commencing the negotiation process for such contract with an\nincorporated fire company, the incorporated fire company shall file with\nthe board of trustees a statement itemizing the estimated costs of the\nincorporated fire company attributable to the provision of services\nunder the prospective contract. The estimated costs attributable to the\nprovision of services under the prospective contract itemized in the\nstatement shall include, at a minimum, those, if any, for: supplies;\nmaterials; operation, maintenance and repair of equipment and apparatus;\ninsurance; training; protective clothing, gear and other personnel\ncosts; building rental, maintenance and operation; and a specified\nproportionate share of capital costs. If the fire company is required to\nprepare any of the following documents, copies shall be included with\nthe statement:\n  (A) the fire company's most recent annual report of directors pursuant\nto section five hundred nineteen of the not-for-profit corporation law;\n  (B) the fire company's most recent verified certificate pursuant to\nsubdivision (f) of section fourteen hundred two of the not-for-profit\ncorporation law;\n  (C) the fire company's most recent internal revenue service form 990;\nand\n  (D) the fire company's most recent annual report pursuant to section\nthirty-a of the general municipal law.\n  (ii) Upon good cause shown, the board of trustees may, by resolution,\nwaive in whole or in part the requirement that the fire company file the\nstatement, and copies of documents, required by clause (i) of this\nsubparagraph.\n  b. The period for which such service may be furnished under any such\ncontract shall not exceed five years. The contract shall specify a\ndefinite sum to be paid each year for such service. No such contract\nshall be entered into until a public hearing has been held by the board\nof trustees. Notice of such hearing shall be published at least once in\nat least one newspaper having general circulation in the village. Such\nnotice shall specify the time when and place where said hearing will be\nheld, and describe in general terms the proposed contract. The first\npublication thereof shall be at least ten days prior to the day\nspecified for such hearing.\n  c. By mutual consent of the contracting parties, and after a public\nhearing held pursuant to notice in the manner aforesaid, any such\ncontract heretofore or hereafter executed may be (1) amended, (2)\nterminated, or (3) terminated and a new contract may be entered into in\nlieu thereof, if the board of trustees, after such hearing, shall\ndetermine, by resolution, that it is in the public interest so to do.\nSuch notice shall state in general terms the reason why any existing\ncontract is to be amended or terminated, and if a new contract is to be\nentered into the notice shall also describe the new contract in general\nterms.\n  d. The provisions of this subdivision shall not be deemed to have\namended subdivision two of section two hundred nine-b or section two\nhundred nine-d of the general municipal law, or any other general,\nspecial or local law requiring the consent of a fire department, fire\ncompany or an emergency rescue and first aid squad to the entering into\nof a contract for services to be performed by such department, company\nor squad.\n  e. The term "fire protection", as used in this section, includes\ninspections of buildings and properties in the village or portion\nthereof, required to be protected under a contract for fire protection\npursuant to the provisions of this subdivision, for the purposes\nspecified in and as authorized by sections eight hundred seven-a and\neight hundred seven-b of the education law, subdivision four of section\nthree hundred three of the multiple residence law, and section two\nhundred fourteen of this chapter.\n  (10) Air rights and subsurface areas. May, in addition to such powers\nas may be granted by any other law, lease to any person, firm or\ncorporation, for commercial or private use, the air rights over or the\nsubsurface area under any property of the village acquired or to be\nacquired for street purposes, public parking garages, parking spaces or\npublic off-street loading facilities. Such lease may only be entered\ninto when such air rights or subsurface areas are not needed for village\npurposes. Any such lease may be for a term not exceeding fifty years and\nmay be renewed for such additional term or terms as the board of\ntrustees may provide. Any such lease shall contain provisions requiring\nthe lessee to construct facilities adequate to support and maintain,\nwithout interference, the village parking or off-street loading\nfacilities being conducted by the village and in such manner as to\nminimize or avoid the relocation of public utility facilities and may\nalso contain such other provisions, conditions and restrictions,\nincluding the responsibility of the lessee to excavate land or erect or\nconstruct buildings, structures, substructures or superstructures at the\nexpense of the lessee, as the board of trustees may prescribe. Such\nlease must provide that title to any buildings, structures,\nsubstructures or superstructures erected or constructed by the lessee\nshall vest in the village at the termination of the lease. Any such\nbuildings, structures, substructures, or superstructures, the title to\nwhich remains in the lessee, during the term of the lease, shall be\ndeemed to be real property for purposes of taxation as defined in\nsubdivision twelve of section one hundred two of the real property tax\nlaw.\n  (11) Every officer, board or agency of a village shall let all\ncontracts for public work and all purchase contracts to the lowest\nresponsible bidder after advertisement for bids where so required by\nsection one hundred three of the general municipal law.\n  (12) An officer or person who assumes to create a liability or\nappropriate money or property of the village without authority of law,\nor assents thereto, is personally liable for such debt, or to the\nvillage for such money or property. Each member of a village board\npresent at a meeting thereof when such unlawful action is taken is\ndeemed to have assented thereto, unless he expressly dissents and\nrequests such dissent to be entered upon the minutes of the meeting. If\nany person shall have heretofore appropriated or shall hereafter\nappropriate money or preperty of the village, contrary to law, and the\nfacts in relation thereto are known to the board of trustees, and, after\nthis section as amended takes effect, such board fail for thirty days to\nbring an action against such person to recover such money or property,\neach member of the board having such knowledge shall be guilty of a\nmisdemeanor and liable to removal from office unless within such period\nof thirty days he shall file with the village clerk a written request,\nsigned by him, requesting the bringing of, such action or shall cause to\nbe entered upon the minutes of a meeting of the board a motion made by\nhim for the bringing of such action, or his vote in favor of such a\nmotion.\n  (13) Loitering. May prohibit and punish loitering; provided however,\nthat such ordinance or law shall only prohibit loitering for a specific\nillegal purpose or loitering in a specific place of restricted public\naccess and shall therein set forth guidelines for application of such\nprohibitions by law enforcement officers so as to prevent arbitrary or\ndiscriminatory enforcement of such prohibitions.\n