2010 New York Code
VIL - Village
Article 4 - (4-400 - 4-414) 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
  firemen 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.
    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.