NY Vill L § 4-412 (2021)
2021 New York Laws VIL - Village Article 4 - Powers, Duties and Compensation of Officers 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.