Village of Saugerties

Board Authority

Village Law §4-412 set forth the authority of the board. The general power of the board under this section provides that:

"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 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."

The extremely broad grant of power enables the board of trustees to adopt a wide range of local laws to address village concerns, as long as the action is not inconsistent with the constitution or general laws of the state.

Responsibilities

The Village Board of Trustees sets policies, approves budgets, and generally oversees the activities of the Village.  Much of a Trustee's work involves reviewing and approving the work of the various appointed boards and committees. 

Beyond what's listed under "Description", Village Law §4-412 grants additional, more specific, powers to the board as follows:

• Drains.  Allows the board to authorize the construction of drains, culverts, dams and other means to regulate water.
• Banks of deposit.  Allows the board, by written resolution, to designate financial institutions in which village funds shall be deposited.
• Payment and compromise of claims.  Permits the board to pay or compromise claims against the village in cases where there has been a payment to the village, through error or mistake, and to the village is not entitle to the funds paid.
• Waste disposal.  Permits the board to obtain land for a waste disposal site or disposal plant inside or outside the village limits.  Such property may be obtained by purchase or through an eminent domain proceeding.  In addition, when the board so designates a specific site, it may also prohibit disposal on other sites within the village.  Further, if a disposal site is obtained outside of the village, the legislative body of the municipality in which the land is located must consent to the use of the land for that purpose.
• Sale of abandoned or lost property.  The board may authorize the sale of lost or abandoned property.  Proceeds of such a sale may then be transferred into the general fund.
• Franchises.  The board may grant franchises and/or permission to use the streets, highways, public place or the space above or below them.  Prior to the granting of a franchise, a public hearing must be held upon 10 days' notice by means of publication in the official newspaper of the village.  Additionally, if the grant of such a franchise will result in competition with a municipal lighting or water system, the franchise is subject to a permissive referendum.
• Acceptance of dedicated streets.  The board is authorized to accept the dedication of lands in the village for a public street or streets in the village.
• Public docks.  Allows the board to acquire, construct, enlarge, extend or improve public docks, as a municipal purpose, within or without the village and acquire land therefor, provided that one and of any such dock is within the village.  Before any such dock is acquired, constructed or extended beyond the village into a town, the consent of the town board must be obtained.  The board is further authorized to impose fees for the use of public docks.
• Fire protection and ambulance service.  Permits the board of trustees to contract with the village fire department or any other city, village, fire district, or incorporated fire company for fire protection and emergency services.  The contract also may provide for ambulance service.  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 emergency or general ambulance service in the village.  The contract cannot exceed five years and must specify a definite sum to be paid each year for the service. A public hearing is required before such a contract can be entered into.  A public hearing is also required in order to amend, terminate, or terminate and enter into a new contract during its term.
• Air rights and subsurface areas.  Specifically grants villages the power to lease for commercial or private use, the air rights over or the subsurface are 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 a lease may only be entered into when such air rights or subsurface areas are not needed for village purposes.  Any such lease may not exceed 50 years and may be renewed for such additional term or terms as the board of trustees may provide.
• Contracts.  An officer or person who assumes to create a liability or appropriate money or property of the village without authority is personally liable for such debt, or to the village for such money or property.
• Loitering.  The village may prohibit and punish loitering but only for a specific illegal purpose or in a specific place of restricted public access.

Additionally, the board may determine the rules of its procedure, as no specific rules are set forth in the law for conduct of meetings.