2023 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.