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This entry was published on 2019-01-11
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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

(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;

(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

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

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

(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

(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.