NY Town L § 64 (2021)
2021 New York Laws TWN - Town Article 4 - Town Boards 64 - General Powers of Town Boards.

§ 64. General powers of town boards. Subject to law and the provisions   of this chapter, the town board of every town:1.  Control  of  town  finances. Shall have the general management and   control of the finances of the town and shall designate  in  the  manner   provided by section ten of the general municipal law the depositaries in   which  the  supervisor,  town  clerk,  tax  collector, tax receiver, and   trustees of the freeholders and commonalty of a town shall  deposit  and   secure all moneys coming into their hands by virtue of their offices.1-a.  Petty  cash  fund. Notwithstanding the provisions of section one   hundred eighteen of this chapter, may by resolution  establish  a  petty   cash  fund for any town officer or head of a department or office in any   town, for the payment, in advance of audit,  of  properly  itemized  and   verified   or  certified  bills  for  materials,  supplies  or  services   furnished to the town for the conduct of  its  affairs  and  upon  terms   calling  for  payment  to  the  vendor  upon  the  delivery  of any such   materials or supplies or the rendering of any  such  services,  provided   that  moneys in any such fund also may be used for the purpose of making   change when such is required in the performance of official duties.  The   amount  of  the  petty cash fund established for a receiver of taxes and   assessments in a town of the first class shall not exceed  one  thousand   dollars and for any other officer or office or department head shall not   exceed  five hundred dollars. Prior to making his return of unpaid taxes   to the county treasurer, a collector of taxes in a town  of  the  second   class  shall  reimburse  the supervisor for the amount of the petty cash   fund previously advanced to him. At the time of any  payment  from  such   fund,  the  officer  for  which  the  fund was established shall require   delivery to him of a bill in form sufficient for audit by the town board   as required by law. At each meeting of the town  board  a  list  of  all   expenditures  made  from  each  such  fund since the last meeting of the   board, together with the bills supporting such  expenditures,  shall  be   presented  to  the  town board for audit and the town board shall direct   the supervisor to reimburse each petty cash fund  from  the  appropriate   budgetary  item or items, in an amount equal to the totals of such bills   which it shall so audit and allow, except that,  in  any  such  town  in   which  there  is a town comptroller, such list of expenditures, together   with such bills shall be presented to said town comptroller for audit no   later than the last day of  each  month  and  the  supervisor  shall  so   reimburse  each  petty cash fund in an amount equal to the total of such   bills which the town comptroller shall so audit and allow. Any  of  such   bills  or  any  portion of any of such bills which the town board or the   town comptroller, as the case may be, shall refuse to  audit  and  allow   shall  be  the  personal liability of the officer for which the fund was   established and he shall promptly reimburse his petty cash fund  in  the   amount of such disallowances. If such reimbursement has not been made by   the time of the first payment of salary to such officer after the action   of  the  town  board  or  the  town  comptroller, as the case may be, in   disallowing an amount so expended, such amount shall  be  withheld  from   his  salary  payment  and,  if necessary, subsequent salary payments and   paid into the appropriate petty cash fund until an amount equal  to  the   amount  so  disallowed has been repaid to such petty cash fund. Any bond   or undertaking filed by any town officer or department  or  office  head   shall  be  available  to the town for recovery of any losses incurred by   reason of the operation of the petty cash fund established for him.2. Acquisition and conveyance of real property. May acquire by  lease,   purchase, in the manner provided by law, or by acquisition in the manner   provided  by  the  eminent  domain  procedure  law,  any lands or rights   therein, either within or outside the town boundaries, required for  any   public  purpose,  and  may, upon the adoption of a resolution, convey or    lease real property in the name of the town, which resolution  shall  be   subject  to  a  permissive  referendum.  If  the  property  or rights be   acquired by acquisition, the town board may subject to the provisions of   the  eminent  domain  procedure law at once enter into possession of the   real property or rights described when the judgment shall have been made   and entered, and the town shall thereupon stand charged and  responsible   for  the  prompt  payment of the amount which may ultimately be awarded.   Lands or rights required for a district purpose shall be acquired by the   town board in the name of the district, and the cost thereof shall be  a   charge  upon and assessed against such district. Such district lands and   rights may be sold or leased  in  the  manner  provided  in  subdivision   twelve of section one hundred ninety-eight of this chapter.2-a.  Acquisition  and  sale of personal property. May take, purchase,   lease, sell and dispose of personal property as the purposes of the town   may require, except as otherwise provided by law.3. Management, custody and control of town property.  Shall  have  the   management,  custody  and  control  of  all  town  lands,  buildings and   property of the town and keep them in good repair and may cause the same   to be insured against loss or damage by fire or other hazard.4. Indemnity insurance. May contract at the expense of  the  town  for   insurance  indemnifying  the town against any loss arising from injuries   to persons or property.5. Vacancies. Whenever a vacancy shall occur  or  exist  in  any  town   office, the town board or a majority of the members thereof, may appoint   a  qualified  person  to fill the vacancy. If the appointment be made to   fill a vacancy in an appointive office, the person  so  appointed  shall   hold  office for the remainder of the unexpired term. If the appointment   be made to fill a vacancy in an elective office, the person so appointed   shall hold office until the  commencement  of  the  calendar  year  next   succeeding the first annual election at which the vacancy may be filled.   A  person, otherwise qualified, who is a member of the town board at the   time the vacancy occurs may be appointed to fill  the  vacancy  provided   that he shall have resigned prior to such appointment.5-a.  Removal of fire and health hazards and weeds. The town board may   require the owners of land to cut, trim or remove from the land owned by   them brush, grass, rubbish, or weeds, or to spray  poisonous  shrubs  or   weeds  on  such  land,  and  upon  default  may cause such grass, brush,   rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs   or weeds to be sprayed by  the  town  and  the  total  expense  of  such   cutting, trimming, removal or spraying may be assessed by the town board   on  the  real  property  on  which  such brush, grass, rubbish, weeds or   poisonous shrubs or weeds were found, and the expense so assessed  shall   constitute  a lien and charge on the real property on which it is levied   until paid or otherwise satisfied or discharged and shall  be  collected   in  the  same  manner and at the same time as other town charges. If the   owner of said lands is a non-resident, a  notice  to  so  cut,  trim  or   remove  such  brush,  grass, rubbish or weeds or to spray such poisonous   shrubs or weeds mailed to such owner addressed to his last known address   shall be sufficient service thereof. The provisions of this  subdivision   shall  not  apply  within  the  property  lines  of any lands or highway   easements  owned  by  another   municipal   corporation   or   political   subdivision of the state.6.  Award and execution of town contracts. May award contracts for any   of the purposes authorized by law and the same shall be executed by  the   supervisor in the name of the town after approval by the town board.7.  Franchises. Except as otherwise provided by law, may grant rights,   franchises,  permissions  or  consents  for  the  use  of  the  streets,   highways,  and  public  places or any part thereof or the space above or    under them or any of them, for any specific purpose  authorized  by  law   upon  such  terms  and  conditions  as  it may deem proper and as may be   permitted by law. No such franchise,  permission  or  consent  shall  be   granted  without a public hearing, notice of which shall be given by the   publication of a notice thereof in the official paper at least ten  days   before the meeting.8.  Gifts to town. May take by gift, grant, bequest or devise and hold   real and personal property absolutely or in trust for parks or  gardens,   or  for  the erection of statues, monuments, buildings or structures, or   for any public use, upon such terms or conditions as may  be  prescribed   by  the  grantor or donor and accepted by said town, and provide for the   proper administration of the same.9. Naming and numbering  streets,  and  providing  street  signs.  May   designate  by  name  and  number  the  streets,  avenues,  lots,  public   buildings and places, and may cause a map of the town to be prepared and   filed in the office  of  the  town  clerk,  and  purchase,  install  and   maintain  street signs showing the names of streets and avenues therein.   Such names may also be  changed  and  altered  as  the  town  board  may   determine.  Whenever  the  town board shall change the name or number of   any street, avenue, public building  or  place,  the  town  clerk  shall   within  ten  days  thereafter  notify  the  board  of  assessors and the   planning board, if any, of  said  town,  the  county  clerk  and  county   engineer  of  the  county  in  which  said  town  is  located,  and  the   post-office department of the United States thereof.10. Street profiles. The town board may provide for the  establishment   of  the profiles and grades of any accepted street, avenue or highway in   the town and upon the completion thereof shall  cause  the  same  to  be   filed  in  the  office  of  the  town clerk and of the superintendent of   highways of the town.10-a. Permits for filling or diversion of streams. The town board  may   provide  for  control  over  the  filling  or  diversion  of streams and   watercourses, except when authorized by a state or  federal  agency,  by   requiring  that  any  person,  firm or corporation shall secure a permit   from  the  town  board  before  filling  or  diverting  any  stream   or   watercourse  from  its  natural  course.  The  town  board  may  in  its   discretion deny a permit if it determines that the proposed  filling  or   diversion is detrimental to the drainage or welfare of the town.10-b.  Temporary blocking of town streets, highways and roads. After a   public hearing on at least  five  days  notice,  may  adopt  regulations   setting  forth terms and conditions for issuance of a permit by the town   superintendent of highways or commissioner of public  works  to  hold  a   neighborhood block party, celebration or event on a town street, highway   or  road. Prior to the time for commencing of such party, celebration or   event and for the duration thereof, the permit  issuing  official  shall   cause  the  street  or  portion  thereof to be blocked to motor vehicles   except authorized emergency  or  hazard  vehicles,  as  defined  in  the   vehicle  and  traffic  law  and  to  provide  detour signs for vehicular   traffic.11. Official newspaper. May designate as the  official  paper  of  the   town any newspaper regularly published in the town if such newspaper has   been  entered  as  second  class  mail  matter.  If no such newspaper is   published in the town, and in any town of  the  second  class  having  a   population  in  excess of sixty thousand according to the latest federal   census if there is no newspaper published in such  town  having  general   circulation   therein,  the  town  board  may  designate  any  newspaper   published in the county if such newspaper has general circulation in the   town or if no newspaper is published in the county  entered  in  a  post   office within five miles from the town, any other newspaper published in    a  city, town or village in an adjoining county and having a circulation   in the town.  If no official paper has been designated, the  town  board   may  authorize  the  publication of a notice, resolution or ordinance in   any newspaper which could be designated as the official newspaper of the   town  or,  if  there be no newspaper which is regularly published in the   town and entered as  second  class  mail  matter,  the  town  board  may   authorize such publication in any newspaper published and having general   circulation   in   the  town.  Such  authorization  shall  be  deemed  a   designation of such newspaper as the official paper of the town for  the   purpose  of  such  publication.  Additional  newspapers published in the   English language may be designated for the publication of such  notices,   resolutions   and   ordinances   at   the  option  of  the  town  board.   Notwithstanding any provisions of this subdivision to the contrary,  any   publication  may  be  designated as the official paper of the town which   was designated and publishing notice as an  official  newspaper  of  the   town  prior  to  the  year nineteen hundred forty and continued to be so   designated and publishing for at least thirty years after such year.11-a. Drainage facilities. Upon the adoption of a resolution, the town   board of any town may, for the purpose of drainage and  to  protect  the   property  within  the  town  from  floods,  freshets,  and  high waters,   construct drains, culverts, ditches, sluices, and other channels for the   passage of water, and may deepen, straighten, alter, pipe, or  otherwise   improve  any  of  the  lakes,  ponds, streams, ditches, drains, or water   courses in any part or section of the town in order to prevent the  same   from  overflowing,  and  provide that the same carry off such additional   water as may be brought to the same by other public improvements in  the   towns; and for such purposes the town board of any town may acquire real   property  or  an interest therein by purchase, dedication, gift, devise,   or by condemnation in the manner provided by law for acquisition of real   property for highway or town road purposes. If an expenditure for any of   such purposes is to be paid by taxes levied for the fiscal year in which   such expenditure is to be made, the adoption of  a  resolution  therefor   shall be subject to a permissive referendum.11-b. Publication of minutes of town board meetings. The town board of   any  town  may  publish  the  minutes of its proceedings in the official   newspaper, or if no official  newspaper  has  been  designated,  in  any   newspaper having general circulation in the town.11-c.  Central  fire  alarm system. In any town, all the area of which   outside of any village or villages is included in fire  districts,  fire   alarm  districts  and  fire  protection  districts,  the  town board may   provide for and establish a central fire alarm system in such town,  and   may  purchase  or  lease,  install,  construct  and  maintain  necessary   equipment for the operation of such central fire alarm system; provided,   that no town board shall exercise the power  and  authority  granted  by   this  subdivision,  unless  prior  thereto  the  governing board of each   village within such town shall by appropriate action have signified  its   consent  thereto,  and  if  the  governing board in any village does not   consent thereto, the  central  fire  alarm  system  shall  exclude  said   village  and the cost thereof will be assessed against the real property   of the town outside said village.12. Appropriations for Independence day, Memorial  day,  Columbus  day   and  Veterans day. Any town may appropriate annually such sums as it may   deem appropriate for the purpose of defraying the expenses of the proper   observance of Independence day, Memorial or Decoration day, Columbus day   and Veterans day in such proportion as it may determine. Any town of the   first  class,  or,  any  town  having  a  population  of  five  thousand   inhabitants  or more, excepting any such town having a population of two   hundred twenty-five thousand  inhabitants  or  more,  according  to  the    latest  federal census, in which one or more posts, camps or chapters of   the Grand Army of the Republic, the United  Spanish  War  Veterans,  the   Veterans  of Foreign Wars, the Jewish War Veterans of the United States,   Inc., the Catholic War Veterans, Inc., the Italian American War Veterans   of  the  United  States,  Incorporated,  the  Polish  Legion of American   Veterans, Inc., the Marine Corps  League,  the  Military  Order  of  the   Purple Heart, Inc., the American Legion, the Disabled American Veterans,   AMVETS,  American  Veterans of World War II, Masonic War Veterans of the   State of New York, Inc., Veterans of World War I of the United States of   America  Department  of  New  York,  Inc.,  China-Burma-India   Veterans   Association,  Inc., Polish-American Veterans of World War II, Amsterdam,   N. Y., Inc., Polish-American Veterans of World War II,  Schenectady,  N.   Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World   War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans   Association  exists,  may  appropriate  annually an amount not to exceed   five thousand dollars for such purpose, and any town having a population   of two hundred twenty-five thousand inhabitants or  more,  according  to   the  latest  federal  census,  in which one or more such posts, camps or   chapters exists may annually appropriate an amount not  to  exceed  five   thousand  dollars  for such purpose, and any town which has a population   of five hundred thousand inhabitants or more, according  to  the  latest   federal  census,  in  which  one  or  more such posts, camps or chapters   exists may annually appropriate an amount not  to  exceed  ten  thousand   dollars  for  such  purpose.  Any  moneys  appropriated  pursuant to the   provisions of this subdivision shall be a general  town  charge,  except   that in any town having a population of two hundred twenty-five thousand   inhabitants  or more there shall be a charge on that portion of the town   outside of any  village  therein  and  shall  be  assessed,  levied  and   collected  from real property outside of any such village. Such sum when   collected shall be paid to the supervisor of such town and be  disbursed   by  him  in  such  manner as the town board of such town may direct upon   vouchers properly receipted and audited by the town board of such  town;   except that in any town in which there may be a post, camp or chapter of   the  Grand  Army  of  the Republic, the United Spanish War Veterans, the   Veterans of Foreign Wars, the Jewish War Veterans of the United  States,   Inc., the Catholic War Veterans, Inc., the Italian American War Veterans   of  the  United  States,  Incorporated,  the  Polish  Legion of American   Veterans, Inc., the Marine Corps  League,  the  Military  Order  of  the   Purple Heart, Inc., the American Legion, the Disabled American Veterans,   AMVETS,  American  Veterans of World War II, Masonic War Veterans of the   State of New York, Inc., Veterans of World War I of the United States of   America  Department  of  New  York,  Inc.,  China-Burma-India   Veterans   Association,  Inc., Polish-American Veterans of World War II, Amsterdam,   N. Y., Inc., Polish-American Veterans of World War II,  Schenectady,  N.   Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World   War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans   Association, in any such town, the commanders and quartermasters of such   posts,  camp  or  chapter  may  direct  the  manner  and  extent of such   observance and the supervisor shall pay the expenses  thereof  upon  the   order  or orders of the commander or quartermaster of such post, camp or   chapter, which orders shall be his vouchers for  such  payment,  and  in   case there may be two or more posts, camps or chapters of the Grand Army   of  the  Republic,  the  United  Spanish  War  Veterans, the Veterans of   Foreign Wars, the Jewish War Veterans of the United  States,  Inc.,  the   Catholic  War  Veterans,  Inc., the Italian American War Veterans of the   United States, Incorporated, the Polish  Legion  of  American  Veterans,   Inc.,  the  Marine Corps League, the Military Order of the Purple Heart,   Inc., the American  Legion,  the  Disabled  American  Veterans,  AMVETS,    American  Veterans of World War II, Masonic War Veterans of the State of   New York, Inc., Veterans of World War I of the United States of  America   Department  of  New  York, Inc., China-Burma-India Veterans Association,   Inc.,  Polish-American Veterans of World War II, Amsterdam, N. Y., Inc.,   Polish-American Veterans of World War II, Schenectady, N. Y., Inc.,  the   Sons  of Union Veterans, Vietnam Veterans of America, World War Veterans   Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,   in any such town, the commanders and quartermasters of such posts, camps   or chapters by concurrent action, shall direct the  supervisor  of  such   town  what proportion of such moneys so raised shall be expended by each   of such posts, camps or chapters which proportion shall be paid by  such   supervisor  upon  the order or orders of the commander and quartermaster   of each of such posts. In case there is a post, camp  or  chapter  in  a   town  adjoining  a  town  in  which no post, camp or chapter is located,   whose membership includes at least three residents of such  town  having   no  post,  camp  or  chapter,  the post, camp or chapter shall appoint a   committee of not less than three of its members who are residents of the   said adjoining town in which the post, camp or chapter is  not  located,   and  the supervisor of said town shall pay the expenses of observance of   Independence day, Memorial or Decoration day and Veterans day  upon  the   order  or  orders  of said committee or a majority thereof, which orders   shall be his vouchers for such payment.12-a. The town board of any town adjoining or contiguous to  any  camp   established  and  operating  for the training of persons in the military   service of the United States may establish a recreation  center  in  the   town and may appropriate a sum not exceeding one thousand dollars in any   year  for the rental, equipment and maintenance of rooms. Any resolution   authorizing the appropriation of town funds for such purposes  shall  be   subject  to a permissive referendum as provided in article seven of this   chapter.13. Appropriations for rooms for patriotic organizations. In any  town   in  which there may, now or hereafter, be one or more posts of the Grand   Army of the Republic, the United Spanish War Veterans, the  Veterans  of   Foreign  Wars,  the  Jewish  War  Veterans  of  the United States, Inc.,   Disabled American Veterans, the Catholic War Veterans, Inc., the Italian   American War Veterans of the United  States,  Incorporated,  the  Polish   Legion of American Veterans, Inc., the Marine Corps League, the Military   Order  of the Purple Heart, Inc., AMVETS, American Veterans of World War   II, Masonic War Veterans of the State of New  York,  Inc.,  Veterans  of   World  War  I  of  the  United States of America Department of New York,   Inc.,  China-Burma-India  Veterans  Association,  Inc.,  Polish-American   Veterans  of  World  War  II,  Amsterdam,  N.Y.,  Inc.,  Polish-American   Veterans of World War II, Schenectady, N.Y., Inc.,  World  War  Veterans   Club  of  Lindenhurst,  Inc., the American Legion, the Eastern Paralyzed   Veterans Association, the Vietnam Veterans of America, the Army and Navy   Union of the United  States,  the  American  Gold  Star  Mothers,  Inc.,   Regular  Veterans  Association,  Inc.,  the  369th Veterans Association,   Inc., the Tri-County Council of Vietnam Veterans, the National  Congress   of Puerto Rican Veterans, the Fleet Reserve Association, the Navy Seabee   Veterans  of  America,  the Korean War Veterans Association, the Women's   Army Corps Veterans Association, the 82nd Airborne Division Association,   the Empire State Chapter No. 120 of the  Retired  Enlisted  Association,   the  National Amputation Foundation, or the Navy Club of the U.S.A., the   town board may appropriate a sum not exceeding five hundred dollars  for   each  post  in  any  year  for the purpose of assisting in defraying the   rental or maintenance of rooms for holding  meetings  of  such  post  or   posts,  or  both. If there be a post in a town adjoining a town in which   no post is located, whose membership includes at least five residents of    such town having no post, the town board of such town having no post may   vote any sum of money, not exceeding one hundred twenty-five dollars  in   any  year,  for  the  purpose  of  assisting  in defraying the rental or   maintenance of rooms in such adjoining town as meeting places of each of   the  posts  hereinbefore  enumerated.  Claims for such rental or rentals   shall be made by the organizations interested, and shall be submitted to   the town board for audit in the same manner and  at  the  same  time  as   other claims against the town.14.  Publicity  fund.  a.  Upon the adoption of a resolution, the town   board of any town may establish a publicity fund to be expended for  the   purpose of advertising the advantages of such town as a summer or winter   resort,   or   for  commemoration  programs  of  historical  events,  or   otherwise, including the necessary and legitimate expense of securing  a   designation  of  such  town  as  the place for holding the convention or   meeting of any organization or society and for such additional  purposes   as may tend to promote the general, commercial and industrial welfare of   the  town. Such an appropriation shall not exceed the sum of twenty-five   thousand dollars annually provided, however, that the town board of  any   town  (1)  upon  the  adoption  of a resolution, subject to a permissive   referendum, may appropriate an amount in excess of twenty-five  thousand   dollars  for such publicity fund. Provided, however, that the town board   of a  town  with  a  population  of  fifty  thousand  or  less  may  not   appropriate  more than fifty thousand dollars to a publicity fund unless   such town board adopts a resolution appropriating  funds  in  excess  of   fifty  thousand  dollars  and  such resolution is subject to a mandatory   referendum. The amount appropriated shall continue to be so appropriated   until the adoption of a resolution, subject to a permissive  referendum,   to discontinue the same.b.  Notwithstanding  the  provisions  of this subdivision, the town of   Webb in the county of Herkimer,  may,  upon  adoption  of  a  resolution   subject to a permissive referendum, appropriate a sum in excess of three   thousand dollars but not in excess of one hundred fifty thousand dollars   to  its  publicity  fund  and  may continue to make such appropriations,   until the adoption  of  a  resolution,  also  subject  to  a  permissive   referendum, to discontinue the same.c. The amount so appropriated when collected shall be paid over to the   supervisor  for  the  payment of claims incurred and after duly itemized   and verified vouchers therefor have been audited by the town board.14-a. Wherever it is provided in this chapter that a notice or a  copy   of  a notice be posted on the sign-board of the town maintained pursuant   to subdivision six of section thirty of this chapter, the town board may   direct the same to be posted in addition in such other place  or  places   within  or  without  the  territory affected as it may deem to be in the   public interest but failure to accomplish such additional posting  shall   not affect the validity of the proceedings.15.  Appropriation for construction of conning towers. If requested by   the conservation department, the town board of any town, not within  the   forest  preserve, may appropriate a sum of money for the construction of   a conning tower, to be constructed by the conservation department and to   be used as a look-out in aid of the suppression of forest fires, but the   whole amount appropriated in any one year shall not exceed five  hundred   dollars. The money so appropriated when collected, shall be disbursed by   the supervisor on the order of the conservation department.15-a.  Purchase  of equipment for prevention of forest fires. Any town   may appropriate not exceeding the sum of one thousand dollars in any one   year without the vote of a town election for the purpose  of  purchasing   equipment  for  the prevention of forest fires within the town. Any such    equipment shall be under the  direction  and  supervision  of  the  town   board.16.  Traffic  control,  signals  and standards. Any town may purchase,   lease, install and maintain  traffic  signals  and  standards,  for  the   control  of  traffic upon streets and highways outside the limits of any   incorporated village or city, and the town board may authorize the  town   superintendent  to  purchase or lease such traffic signals and standards   and materials necessary for the installation and  use  thereof,  without   prior  approval  of  the board in an amount to be fixed by the board not   exceeding one thousand dollars in any one year. The cost of erection and   maintenance of such signals and standards shall be a town charge.17. Citizens advisory committee  on  capital  improvements.  The  town   board  of any town having a population of five thousand or more as shown   by the latest federal census, by resolution may appoint a  committee  of   citizens  to  act  in  an  advisory  capacity  to  the town board on the   planning, construction, reconstruction, undertaking  or  acquisition  of   capital  improvements. The members of such committee shall serve without   compensation and it shall be the duty  of  such  advisory  committee  to   meet, consult and advise with the officers named in the resolution. Such   advisory  committee  shall  have no powers other than advisory. The town   board may authorize the  payment  of  the  just  and  reasonable  actual   expenses of the members of such advisory committee.17-a. Historic places. The town board may provide for the preservation   and  protection  of  places,  buildings,  works of art and other objects   having a special character or aesthetic interest or value and  also  may   provide  for appropriate and reasonable control of the use or appearance   of neighborhood private property within public view. Any such  measures,   if  adopted  in  the  exercise  of police power, shall be reasonable and   appropriate to the purpose, or  if  constituting  a  taking  of  private   property,  shall  provide  for  due  compensation, which may include the   limitation or remission of taxes.17-b. Cultural development. To promote the cultural development of the   residents of the community, the town board may  appropriate  and  expend   funds  for  promotion of literary, graphic, dramatic and performing arts   by way of demonstrations, performances  and  exhibits  of  art  and  art   forms.18.   Control  of  white  pine  blister  rust.  If  requested  by  the   conservation department, any town may appropriate a  sum  not  exceeding   one  thousand  dollars in any one year for the eradication or control of   white pine blister rust. When such an appropriation has been  made,  the   town  clerk  shall  deliver  to  the  supervisor and to the conservation   department a certified copy of the resolution making the  appropriation.   The  supervisor  shall  present a certified copy thereof to the board of   supervisors and the amount thereof shall  be  levied  upon  the  taxable   property of the town in the same manner as other town charges are levied   and  when collected shall be paid to the supervisor. When such funds are   available, the supervisor shall, in  writing,  notify  the  conservation   department  of  the  fact and thereafter the conservation department may   provide for the disbursement thereof in such manner  as  it  shall  deem   necessary for eradication and control.18-a.  Appropriation  for  deer food. If requested by the conservation   department, any town may appropriate a sum not in excess of two  hundred   fifty  dollars  in  any  one year to provide food for wild deer at times   when such deer are unable to obtain natural food. Distribution  of  such   food shall be under the supervision of the conservation department.18-b.  Any town, where there is an infestation of the golden nematode,   may appropriate a sum not exceeding five thousand dollars  ($5,000),  in   any one year for the eradication or control of the golden nematode. When    such  appropriation  has  been made, the town clerk shall deliver to the   supervisor and to the state department  of  agriculture  and  markets  a   certified   copy   of  the  resolution  making  the  appropriation.  The   supervisor  shall  present  a  certified  copy  thereof  to the board of   supervisors and the amount thereof shall  be  levied  upon  the  taxable   property  of  the  town  in  the  same  manner as other town charges are   levied, and when collected shall be paid to the  supervisor.  When  such   funds  are available, the supervisor shall, in writing, notify the state   department  of  agriculture  and  markets  and  thereafter   the   state   department  of  agriculture and markets may provide for the disbursement   thereof in such manner as it shall deem necessary  for  eradication  and   control.19.  Contracts  for lighting of certain improved highways and bridges.   Any town may contract for the lighting of such improved  state  highways   and  county  roads,  as defined in section three of the highway law, and   for lighting the bridges on  such  highways,  in  the  town  outside  of   incorporated  villages, as the town board deems necessary for the safety   or convenience of the public. The  contract  for  any  such  purpose  or   purposes  shall  be  upon  such  terms  and  for such time or period not   exceeding ten years as the board deems proper or expedient.19-a. Appropriation for public health. The town board of any town, the   local board of health of which has been lawfully abolished, may, in lieu   of employing a public health nurse or public health nurses in the manner   authorized by section twenty-b of the public health law,  contract  with   any  non-profit  institution  or  agency, wholly or partly under private   control, organized to furnish visiting nursing or public health services   and agree to pay fees specified in the said contract for  such  services   furnished   to  inhabitants  of  the  town  for  which  the  contracting   institution  or  agency  shall  not  otherwise  receive  payment.   Such   contracts  shall provide that the contracting institution or agency will   comply with any rules promulgated by  the  county  health  commissioner.   Such  town  boards  are authorized and empowered to appropriate the sums   required to be paid to such institutions and agencies under the terms of   such contracts and to raise the amount thereof by taxation.19-b. Town medical and dental center. May create, establish, construct   and reconstruct, repair, operate, equip and maintain a suitable building   for a town medical and/or dental  center  or  facility  that  meets  the   requirements of the public health law and the sanitary code of the state   of  New  York  and  to  acquire by purchase, lease, gift or condemnation   necessary lands therefor. Two or more adjoining towns may combine in the   establishment of such a center and the portion of expense chargeable  to   each town shall be fixed by agreement of the respective town boards.19-c.  Psychiatric  rehabilitation programs for mentally ill, mentally   defective, epileptic and emotionally disordered persons. May contract on   an annual basis with the county in which the town is located to  furnish   and  operate  psychiatric  rehabilitation  programs  in the town for the   county. Any such contract shall be subject to the prior approval of  the   commissioner  of  mental  hygiene. Notwithstanding the provisions of any   other law, a  county,  acting  through  its  mental  health  board,  may   contract  with  a town within the county for the furnishing of community   mental  health  services  authorized  by  the  community  mental  health   services  act, as set forth in article eleven of the mental hygiene law,   to be rendered by the town for the county to residents of the town.19-d. Contracts for physician services. Notwithstanding the provisions   of any law to the contrary, the town board of any town may  contract  on   an annual basis for the services of a licensed physician, whether or not   he resides within such town, to render medical care and treatment to the   inhabitants thereof and upon such terms and conditions as the town board    may   prescribe.   Such  town  board  is  authorized  and  empowered  to   appropriate the sums required  to  be  paid  under  the  terms  of  such   contract and to raise the amount thereof by taxation.A  town board desiring to contract for the services authorized in this   subdivision is further  authorized  and  empowered  to  appropriate  and   expend  a  sum,  not in excess of five thousand dollars, to be raised by   taxation, for the purposes of advertisement of  any  proposed  contract,   the terms and conditions thereof or incidental thereto, and solicitation   of offers of acceptance from any qualified physician. Such advertisement   and  solicitation  may  be  accomplished  in  any manner the board deems   appropriate.19-e. Psychiatric clinics. Any town  may  appropriate  a  sum  not  in   excess  of ten thousand dollars in any one year for a psychiatric clinic   for use in the clinic's annual  budget,  provided  said  corporation  is   organized  under  the not-for-profit corporation law and approved by and   under the jurisdiction of the department of  mental  hygiene  and  which   provides  psychiatric  and  psychological  counselling  and  therapy for   children under the supervision of qualified personnel for the  residents   of the town.20. Band concerts. Any town may provide for public band concerts to be   held at any place within the town annually between the first day of June   and the fifteenth day of September.20-a.  Dumping  facilities.  May contract with any village which has a   dumping ground for the use of such dumping ground by persons  living  in   such  town  for  the disposal of their garbage, ashes, rubbish and other   waste matter. The term of any such contract shall not exceed  ten  years   and  the  consideration  for  such  use  shall  be  paid in equal annual   installments. Notwithstanding the  provisions  of  any  other  law,  the   governing  board of any village having a dumping ground shall have power   to enter into any such contract on behalf of the village.20-b.  Combustible  liquids.  The  town  board  may  provide  for  the   regulation  of  underground  areas  used  for the storage of combustible   liquids.21. Town physician. May establish the office of town physician in  any   town  in  which  there is not a practicing physician, fix the salary and   appoint a duly qualified and licensed physician upon condition  that  he   shall reside in the town. Two or more adjoining towns may combine in the   employment  of  such a physician who shall reside in one of the towns so   combining. In such case the portion of the  salary  chargeable  to  each   town shall be fixed by agreement of the respective town boards.21-a. Establishment of department of public works in certain towns. 1.   The  town  board  of any town of the first class or of any town having a   population of ten thousand or  more  as  shown  by  the  latest  federal   census,  and in which town the office of town superintendent of highways   is  an  appointive  office,  may  adopt  a  resolution  establishing   a   department  of  public  works,  and  may appoint and fix the salary of a   commissioner of public works, who shall be the  administrative  head  of   the department.2. The commissioner of public works shall be appointed on the basis of   his  administrative  experience and qualifications for the duties of the   office. Such commissioner of public works shall hold  office  until  the   first  day  of January next succeeding the first bi-annual town election   held after his appointment and thereafter such  commissioner  of  public   works shall hold office for the term of two years.2-a.  The town board of any town in Suffolk county in which the office   of the town superintendent of highways  is  an  elective  or  appointive   office  may adopt a resolution establishing a department of public works    and providing that the town superintendent  of  highways  shall  be  the   administrative head thereof.3.  Upon  the  establishment of a department of public works, as above   provided, the town board by appropriate resolution may transfer to  said   department  the  functions  of  one or more of the departments, bureaus,   improvement districts and services that are now or  may  hereafter  come   under  the  jurisdiction of the town board, and such other duties in the   nature of public works as may be prescribed by law or the town board may   determine, not inconsistent with law. All costs and expenses incurred by   the department or its officers, agents and  employees  on  behalf  of  a   special improvement district, shall be charged against such district and   paid from the funds duly appropriated for the purpose of such district.4.  Whenever  such town board shall transfer to a department of public   works any department, bureau, improvement district or service as in this   section provided, the employees of such department, bureau,  improvement   district or service shall be continued as employees in the department of   public  works,  with  the  same  classification, pensions and retirement   rights and privileges as they had immediately prior  to  such  transfer,   provided,  however, that nothing herein contained shall deprive the town   board of any power it now has with respect to any such employees.5. Nothing herein contained shall be construed to delegate or transfer   any power of the town board contained in sections sixty-one,  sixty-four   and articles twelve, fourteen and fifteen of this chapter.22. Certain expenditures town charges. Except as otherwise provided by   law,  any expense actually and necessarily incurred by the town pursuant   to the provisions of subdivisions twelve through twenty-one inclusive of   this section shall be a town charge and  the  amount  thereof  shall  be   assessed  and levied upon the taxable property of the town and collected   in the same manner as  other  town  charges  are  assessed,  levied  and   collected.23.  General  powers. Shall have and exercise all the powers conferred   upon the town and such additional powers as shall be necessarily implied   therefrom.24. Shall have the power to impose a fifteen per cent admission tax at   all pari-mutuel tracks in such town, where such track is leased  from  a   tax exempt organization.25.  Use  of agricultural assessment for improvement district charges.   May adopt a resolution authorizing the application of  the  agricultural   assessment   established  pursuant  to  article  twenty-five-AA  of  the   agriculture and markets law to the  special  assessment  or  special  ad   valorem  levy  made  on  behalf  of  an ambulance, water, lighting, fire   protection, sewer, or sanitation district on  land  located  within  the   ambulance,  water,  lighting,  fire  protection,  sewer,  or  sanitation   district and benefitting from such agricultural assessment.  A  copy  of   this  resolution  shall be delivered to the assessor or assessors of the   town and shall be effective on the assessment roll prepared on the basis   of the next taxable status date following  its  adoption.  A  resolution   repealing  this  authorization  shall  similarly  be  delivered  to  the   assessor or assessors  of  the  town  and  shall  be  effective  on  the   assessment  roll  prepared  on the basis of the next taxable status date   following its adoption.