§ 64 — General powers of town boards

New York § 64

• Jurisdiction: New York
• Law TWN: Town
• Art. 4: Town Boards

Text

§ 64. General powers of town boards. Subject to law and the provisions\nof this chapter, the town board of every town:\n 1. Control of town finances. Shall have the general management and\ncontrol of the finances of the town and shall designate in the manner\nprovided by section ten of the general municipal law the depositaries in\nwhich the supervisor, town clerk, tax collector, tax receiver, and\ntrustees of the freeholders and commonalty of a town shall deposit and\nsecure all moneys coming into their hands by virtue of their offices.\n 1-a. Petty cash fund. Notwithstanding the provisions of section one\nhundred eighteen of this chapter, may by resolution establish a petty\ncash fund for any town officer or head of a department or office in any\ntown, for the payment, in advance of audit, of properly itemized and\nverified or certified bills for materials, supplies or services\nfurnished to the town for the conduct of its affairs and upon terms\ncalling for payment to the vendor upon the delivery of any such\nmaterials or supplies or the rendering of any such services, provided\nthat moneys in any such fund also may be used for the purpose of making\nchange when such is required in the performance of official duties. The\namount of the petty cash fund established for a receiver of taxes and\nassessments in a town of the first class shall not exceed one thousand\ndollars and for any other officer or office or department head shall not\nexceed five hundred dollars. Prior to making his return of unpaid taxes\nto the county treasurer, a collector of taxes in a town of the second\nclass shall reimburse the supervisor for the amount of the petty cash\nfund previously advanced to him. At the time of any payment from such\nfund, the officer for which the fund was established shall require\ndelivery to him of a bill in form sufficient for audit by the town board\nas required by law. At each meeting of the town board a list of all\nexpenditures made from each such fund since the last meeting of the\nboard, together with the bills supporting such expenditures, shall be\npresented to the town board for audit and the town board shall direct\nthe supervisor to reimburse each petty cash fund from the appropriate\nbudgetary item or items, in an amount equal to the totals of such bills\nwhich it shall so audit and allow, except that, in any such town in\nwhich there is a town comptroller, such list of expenditures, together\nwith such bills shall be presented to said town comptroller for audit no\nlater than the last day of each month and the supervisor shall so\nreimburse each petty cash fund in an amount equal to the total of such\nbills which the town comptroller shall so audit and allow. Any of such\nbills or any portion of any of such bills which the town board or the\ntown comptroller, as the case may be, shall refuse to audit and allow\nshall be the personal liability of the officer for which the fund was\nestablished and he shall promptly reimburse his petty cash fund in the\namount of such disallowances. If such reimbursement has not been made by\nthe time of the first payment of salary to such officer after the action\nof the town board or the town comptroller, as the case may be, in\ndisallowing an amount so expended, such amount shall be withheld from\nhis salary payment and, if necessary, subsequent salary payments and\npaid into the appropriate petty cash fund until an amount equal to the\namount so disallowed has been repaid to such petty cash fund. Any bond\nor undertaking filed by any town officer or department or office head\nshall be available to the town for recovery of any losses incurred by\nreason of the operation of the petty cash fund established for him.\n 2. Acquisition and conveyance of real property. May acquire by lease,\npurchase, in the manner provided by law, or by acquisition in the manner\nprovided by the eminent domain procedure law, any lands or rights\ntherein, either within or outside the town boundaries, required for any\npublic purpose, and may, upon the adoption of a resolution, convey or\nlease real property in the name of the town, which resolution shall be\nsubject to a permissive referendum. If the property or rights be\nacquired by acquisition, the town board may subject to the provisions of\nthe eminent domain procedure law at once enter into possession of the\nreal property or rights described when the judgment shall have been made\nand entered, and the town shall thereupon stand charged and responsible\nfor the prompt payment of the amount which may ultimately be awarded.\nLands or rights required for a district purpose shall be acquired by the\ntown board in the name of the district, and the cost thereof shall be a\ncharge upon and assessed against such district. Such district lands and\nrights may be sold or leased in the manner provided in subdivision\ntwelve of section one hundred ninety-eight of this chapter.\n 2-a. Acquisition and sale of personal property. May take, purchase,\nlease, sell and dispose of personal property as the purposes of the town\nmay require, except as otherwise provided by law.\n 3. Management, custody and control of town property. Shall have the\nmanagement, custody and control of all town lands, buildings and\nproperty of the town and keep them in good repair and may cause the same\nto be insured against loss or damage by fire or other hazard.\n 4. Indemnity insurance. May contract at the expense of the town for\ninsurance indemnifying the town against any loss arising from injuries\nto persons or property.\n 5. Vacancies. Whenever a vacancy shall occur or exist in any town\noffice, the town board or a majority of the members thereof, may appoint\na qualified person to fill the vacancy. If the appointment be made to\nfill a vacancy in an appointive office, the person so appointed shall\nhold office for the remainder of the unexpired term. If the appointment\nbe made to fill a vacancy in an elective office, the person so appointed\nshall hold office until the commencement of the calendar year next\nsucceeding the first annual election at which the vacancy may be filled.\nA person, otherwise qualified, who is a member of the town board at the\ntime the vacancy occurs may be appointed to fill the vacancy provided\nthat he shall have resigned prior to such appointment.\n 5-a. Removal of fire and health hazards and weeds. The town board may\nrequire the owners of land to cut, trim or remove from the land owned by\nthem brush, grass, rubbish, or weeds, or to spray poisonous shrubs or\nweeds on such land, and upon default may cause such grass, brush,\nrubbish or weeds to be cut, trimmed or removed and such poisonous shrubs\nor weeds to be sprayed by the town and the total expense of such\ncutting, trimming, removal or spraying may be assessed by the town board\non the real property on which such brush, grass, rubbish, weeds or\npoisonous shrubs or weeds were found, and the expense so assessed shall\nconstitute a lien and charge on the real property on which it is levied\nuntil paid or otherwise satisfied or discharged and shall be collected\nin the same manner and at the same time as other town charges. If the\nowner of said lands is a non-resident, a notice to so cut, trim or\nremove such brush, grass, rubbish or weeds or to spray such poisonous\nshrubs or weeds mailed to such owner addressed to his last known address\nshall be sufficient service thereof. The provisions of this subdivision\nshall not apply within the property lines of any lands or highway\neasements owned by another municipal corporation or political\nsubdivision of the state.\n 6. Award and execution of town contracts. May award contracts for any\nof the purposes authorized by law and the same shall be executed by the\nsupervisor in the name of the town after approval by the town board.\n 7. Franchises. Except as otherwise provided by law, may grant rights,\nfranchises, permissions or consents for the use of the streets,\nhighways, and public places or any part thereof or the space above or\nunder them or any of them, for any specific purpose authorized by law\nupon such terms and conditions as it may deem proper and as may be\npermitted by law. No such franchise, permission or consent shall be\ngranted without a public hearing, notice of which shall be given by the\npublication of a notice thereof in the official paper at least ten days\nbefore the meeting.\n 8. Gifts to town. May take by gift, grant, bequest or devise and hold\nreal and personal property absolutely or in trust for parks or gardens,\nor for the erection of statues, monuments, buildings or structures, or\nfor any public use, upon such terms or conditions as may be prescribed\nby the grantor or donor and accepted by said town, and provide for the\nproper administration of the same.\n 9. Naming and numbering streets, and providing street signs. May\ndesignate by name and number the streets, avenues, lots, public\nbuildings and places, and may cause a map of the town to be prepared and\nfiled in the office of the town clerk, and purchase, install and\nmaintain street signs showing the names of streets and avenues therein.\nSuch names may also be changed and altered as the town board may\ndetermine. Whenever the town board shall change the name or number of\nany street, avenue, public building or place, the town clerk shall\nwithin ten days thereafter notify the board of assessors and the\nplanning board, if any, of said town, the county clerk and county\nengineer of the county in which said town is located, and the\npost-office department of the United States thereof.\n 10. Street profiles. The town board may provide for the establishment\nof the profiles and grades of any accepted street, avenue or highway in\nthe town and upon the completion thereof shall cause the same to be\nfiled in the office of the town clerk and of the superintendent of\nhighways of the town.\n 10-a. Permits for filling or diversion of streams. The town board may\nprovide for control over the filling or diversion of streams and\nwatercourses, except when authorized by a state or federal agency, by\nrequiring that any person, firm or corporation shall secure a permit\nfrom the town board before filling or diverting any stream or\nwatercourse from its natural course. The town board may in its\ndiscretion deny a permit if it determines that the proposed filling or\ndiversion is detrimental to the drainage or welfare of the town.\n 10-b. Temporary blocking of town streets, highways and roads. After a\npublic hearing on at least five days notice, may adopt regulations\nsetting forth terms and conditions for issuance of a permit by the town\nsuperintendent of highways or commissioner of public works to hold a\nneighborhood block party, celebration or event on a town street, highway\nor road. Prior to the time for commencing of such party, celebration or\nevent and for the duration thereof, the permit issuing official shall\ncause the street or portion thereof to be blocked to motor vehicles\nexcept authorized emergency or hazard vehicles, as defined in the\nvehicle and traffic law and to provide detour signs for vehicular\ntraffic.\n 11. Official newspaper. May designate as the official paper of the\ntown any newspaper regularly published in the town if such newspaper has\nbeen entered as second class mail matter. If no such newspaper is\npublished in the town, and in any town of the second class having a\npopulation in excess of sixty thousand according to the latest federal\ncensus if there is no newspaper published in such town having general\ncirculation therein, the town board may designate any newspaper\npublished in the county if such newspaper has general circulation in the\ntown or if no newspaper is published in the county entered in a post\noffice within five miles from the town, any other newspaper published in\na city, town or village in an adjoining county and having a circulation\nin the town. If no official paper has been designated, the town board\nmay authorize the publication of a notice, resolution or ordinance in\nany newspaper which could be designated as the official newspaper of the\ntown or, if there be no newspaper which is regularly published in the\ntown and entered as second class mail matter, the town board may\nauthorize such publication in any newspaper published and having general\ncirculation in the town. Such authorization shall be deemed a\ndesignation of such newspaper as the official paper of the town for the\npurpose of such publication. Additional newspapers published in the\nEnglish language may be designated for the publication of such notices,\nresolutions and ordinances at the option of the town board.\nNotwithstanding any provisions of this subdivision to the contrary, any\npublication may be designated as the official paper of the town which\nwas designated and publishing notice as an official newspaper of the\ntown prior to the year nineteen hundred forty and continued to be so\ndesignated and publishing for at least thirty years after such year.\n 11-a. Drainage facilities. Upon the adoption of a resolution, the town\nboard of any town may, for the purpose of drainage and to protect the\nproperty within the town from floods, freshets, and high waters,\nconstruct drains, culverts, ditches, sluices, and other channels for the\npassage of water, and may deepen, straighten, alter, pipe, or otherwise\nimprove any of the lakes, ponds, streams, ditches, drains, or water\ncourses in any part or section of the town in order to prevent the same\nfrom overflowing, and provide that the same carry off such additional\nwater as may be brought to the same by other public improvements in the\ntowns; and for such purposes the town board of any town may acquire real\nproperty or an interest therein by purchase, dedication, gift, devise,\nor by condemnation in the manner provided by law for acquisition of real\nproperty for highway or town road purposes. If an expenditure for any of\nsuch purposes is to be paid by taxes levied for the fiscal year in which\nsuch expenditure is to be made, the adoption of a resolution therefor\nshall be subject to a permissive referendum.\n 11-b. Publication of minutes of town board meetings. The town board of\nany town may publish the minutes of its proceedings in the official\nnewspaper, or if no official newspaper has been designated, in any\nnewspaper having general circulation in the town.\n 11-c. Central fire alarm system. In any town, all the area of which\noutside of any village or villages is included in fire districts, fire\nalarm districts and fire protection districts, the town board may\nprovide for and establish a central fire alarm system in such town, and\nmay purchase or lease, install, construct and maintain necessary\nequipment for the operation of such central fire alarm system; provided,\nthat no town board shall exercise the power and authority granted by\nthis subdivision, unless prior thereto the governing board of each\nvillage within such town shall by appropriate action have signified its\nconsent thereto, and if the governing board in any village does not\nconsent thereto, the central fire alarm system shall exclude said\nvillage and the cost thereof will be assessed against the real property\nof the town outside said village.\n 12. Appropriations for Independence day, Memorial day, Columbus day\nand Veterans day. Any town may appropriate annually such sums as it may\ndeem appropriate for the purpose of defraying the expenses of the proper\nobservance of Independence day, Memorial or Decoration day, Columbus day\nand Veterans day in such proportion as it may determine. Any town of the\nfirst class, or, any town having a population of five thousand\ninhabitants or more, excepting any such town having a population of two\nhundred twenty-five thousand inhabitants or more, according to the\nlatest federal census, in which one or more posts, camps or chapters of\nthe Grand Army of the Republic, the United Spanish War Veterans, the\nVeterans of Foreign Wars, the Jewish War Veterans of the United States,\nInc., the Catholic War Veterans, Inc., the Italian American War Veterans\nof the United States, Incorporated, the Polish Legion of American\nVeterans, Inc., the Marine Corps League, the Military Order of the\nPurple Heart, Inc., the American Legion, the Disabled American Veterans,\nAMVETS, American Veterans of World War II, Masonic War Veterans of the\nState of New York, Inc., Veterans of World War I of the United States of\nAmerica Department of New York, Inc., China-Burma-India Veterans\nAssociation, Inc., Polish-American Veterans of World War II, Amsterdam,\nN. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.\nY., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World\nWar Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans\nAssociation exists, may appropriate annually an amount not to exceed\nfive thousand dollars for such purpose, and any town having a population\nof two hundred twenty-five thousand inhabitants or more, according to\nthe latest federal census, in which one or more such posts, camps or\nchapters exists may annually appropriate an amount not to exceed five\nthousand dollars for such purpose, and any town which has a population\nof five hundred thousand inhabitants or more, according to the latest\nfederal census, in which one or more such posts, camps or chapters\nexists may annually appropriate an amount not to exceed ten thousand\ndollars for such purpose. Any moneys appropriated pursuant to the\nprovisions of this subdivision shall be a general town charge, except\nthat in any town having a population of two hundred twenty-five thousand\ninhabitants or more there shall be a charge on that portion of the town\noutside of any village therein and shall be assessed, levied and\ncollected from real property outside of any such village. Such sum when\ncollected shall be paid to the supervisor of such town and be disbursed\nby him in such manner as the town board of such town may direct upon\nvouchers properly receipted and audited by the town board of such town;\nexcept that in any town in which there may be a post, camp or chapter of\nthe Grand Army of the Republic, the United Spanish War Veterans, the\nVeterans of Foreign Wars, the Jewish War Veterans of the United States,\nInc., the Catholic War Veterans, Inc., the Italian American War Veterans\nof the United States, Incorporated, the Polish Legion of American\nVeterans, Inc., the Marine Corps League, the Military Order of the\nPurple Heart, Inc., the American Legion, the Disabled American Veterans,\nAMVETS, American Veterans of World War II, Masonic War Veterans of the\nState of New York, Inc., Veterans of World War I of the United States of\nAmerica Department of New York, Inc., China-Burma-India Veterans\nAssociation, Inc., Polish-American Veterans of World War II, Amsterdam,\nN. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.\nY., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World\nWar Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans\nAssociation, in any such town, the commanders and quartermasters of such\nposts, camp or chapter may direct the manner and extent of such\nobservance and the supervisor shall pay the expenses thereof upon the\norder or orders of the commander or quartermaster of such post, camp or\nchapter, which orders shall be his vouchers for such payment, and in\ncase there may be two or more posts, camps or chapters of the Grand Army\nof the Republic, the United Spanish War Veterans, the Veterans of\nForeign Wars, the Jewish War Veterans of the United States, Inc., the\nCatholic War Veterans, Inc., the Italian American War Veterans of the\nUnited States, Incorporated, the Polish Legion of American Veterans,\nInc., the Marine Corps League, the Military Order of the Purple Heart,\nInc., the American Legion, the Disabled American Veterans, AMVETS,\nAmerican Veterans of World War II, Masonic War Veterans of the State of\nNew York, Inc., Veterans of World War I of the United States of America\nDepartment of New York, Inc., China-Burma-India Veterans Association,\nInc., Polish-American Veterans of World War II, Amsterdam, N. Y., Inc.,\nPolish-American Veterans of World War II, Schenectady, N. Y., Inc., the\nSons of Union Veterans, Vietnam Veterans of America, World War Veterans\nClub of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,\nin any such town, the commanders and quartermasters of such posts, camps\nor chapters by concurrent action, shall direct the supervisor of such\ntown what proportion of such moneys so raised shall be expended by each\nof such posts, camps or chapters which proportion shall be paid by such\nsupervisor upon the order or orders of the commander and quartermaster\nof each of such posts. In case there is a post, camp or chapter in a\ntown adjoining a town in which no post, camp or chapter is located,\nwhose membership includes at least three residents of such town having\nno post, camp or chapter, the post, camp or chapter shall appoint a\ncommittee of not less than three of its members who are residents of the\nsaid adjoining town in which the post, camp or chapter is not located,\nand the supervisor of said town shall pay the expenses of observance of\nIndependence day, Memorial or Decoration day and Veterans day upon the\norder or orders of said committee or a majority thereof, which orders\nshall be his vouchers for such payment.\n 12-a. The town board of any town adjoining or contiguous to any camp\nestablished and operating for the training of persons in the military\nservice of the United States may establish a recreation center in the\ntown and may appropriate a sum not exceeding one thousand dollars in any\nyear for the rental, equipment and maintenance of rooms. Any resolution\nauthorizing the appropriation of town funds for such purposes shall be\nsubject to a permissive referendum as provided in article seven of this\nchapter.\n 13. Appropriations for rooms for patriotic organizations. In any town\nin which there may, now or hereafter, be one or more posts of the Grand\nArmy of the Republic, the United Spanish War Veterans, the Veterans of\nForeign Wars, the Jewish War Veterans of the United States, Inc.,\nDisabled American Veterans, the Catholic War Veterans, Inc., the Italian\nAmerican War Veterans of the United States, Incorporated, the Polish\nLegion of American Veterans, Inc., the Marine Corps League, the Military\nOrder of the Purple Heart, Inc., AMVETS, American Veterans of World War\nII, Masonic War Veterans of the State of New York, Inc., Veterans of\nWorld War I of the United States of America Department of New York,\nInc., China-Burma-India Veterans Association, Inc., Polish-American\nVeterans of World War II, Amsterdam, N.Y., Inc., Polish-American\nVeterans of World War II, Schenectady, N.Y., Inc., World War Veterans\nClub of Lindenhurst, Inc., the American Legion, the Eastern Paralyzed\nVeterans Association, the Vietnam Veterans of America, the Army and Navy\nUnion of the United States, the American Gold Star Mothers, Inc.,\nRegular Veterans Association, Inc., the 369th Veterans Association,\nInc., the Tri-County Council of Vietnam Veterans, the National Congress\nof Puerto Rican Veterans, the Fleet Reserve Association, the Navy Seabee\nVeterans of America, the Korean War Veterans Association, the Women's\nArmy Corps Veterans Association, the 82nd Airborne Division Association,\nthe Empire State Chapter No. 120 of the Retired Enlisted Association,\nthe National Amputation Foundation, or the Navy Club of the U.S.A., the\ntown board may appropriate a sum not exceeding five hundred dollars for\neach post in any year for the purpose of assisting in defraying the\nrental or maintenance of rooms for holding meetings of such post or\nposts, or both. If there be a post in a town adjoining a town in which\nno post is located, whose membership includes at least five residents of\nsuch town having no post, the town board of such town having no post may\nvote any sum of money, not exceeding one hundred twenty-five dollars in\nany year, for the purpose of assisting in defraying the rental or\nmaintenance of rooms in such adjoining town as meeting places of each of\nthe posts hereinbefore enumerated. Claims for such rental or rentals\nshall be made by the organizations interested, and shall be submitted to\nthe town board for audit in the same manner and at the same time as\nother claims against the town.\n 14. Publicity fund. a. Upon the adoption of a resolution, the town\nboard of any town may establish a publicity fund to be expended for the\npurpose of advertising the advantages of such town as a summer or winter\nresort, or for commemoration programs of historical events, or\notherwise, including the necessary and legitimate expense of securing a\ndesignation of such town as the place for holding the convention or\nmeeting of any organization or society and for such additional purposes\nas may tend to promote the general, commercial and industrial welfare of\nthe town. Such an appropriation shall not exceed the sum of twenty-five\nthousand dollars annually provided, however, that the town board of any\ntown (1) upon the adoption of a resolution, subject to a permissive\nreferendum, may appropriate an amount in excess of twenty-five thousand\ndollars for such publicity fund. Provided, however, that the town board\nof a town with a population of fifty thousand or less may not\nappropriate more than fifty thousand dollars to a publicity fund unless\nsuch town board adopts a resolution appropriating funds in excess of\nfifty thousand dollars and such resolution is subject to a mandatory\nreferendum. The amount appropriated shall continue to be so appropriated\nuntil the adoption of a resolution, subject to a permissive referendum,\nto discontinue the same.\n b. Notwithstanding the provisions of this subdivision, the town of\nWebb in the county of Herkimer, may, upon adoption of a resolution\nsubject to a permissive referendum, appropriate a sum in excess of three\nthousand dollars but not in excess of one hundred fifty thousand dollars\nto its publicity fund and may continue to make such appropriations,\nuntil the adoption of a resolution, also subject to a permissive\nreferendum, to discontinue the same.\n c. The amount so appropriated when collected shall be paid over to the\nsupervisor for the payment of claims incurred and after duly itemized\nand verified vouchers therefor have been audited by the town board.\n 14-a. Wherever it is provided in this chapter that a notice or a copy\nof a notice be posted on the sign-board of the town maintained pursuant\nto subdivision six of section thirty of this chapter, the town board may\ndirect the same to be posted in addition in such other place or places\nwithin or without the territory affected as it may deem to be in the\npublic interest but failure to accomplish such additional posting shall\nnot affect the validity of the proceedings.\n 15. Appropriation for construction of conning towers. If requested by\nthe conservation department, the town board of any town, not within the\nforest preserve, may appropriate a sum of money for the construction of\na conning tower, to be constructed by the conservation department and to\nbe used as a look-out in aid of the suppression of forest fires, but the\nwhole amount appropriated in any one year shall not exceed five hundred\ndollars. The money so appropriated when collected, shall be disbursed by\nthe supervisor on the order of the conservation department.\n 15-a. Purchase of equipment for prevention of forest fires. Any town\nmay appropriate not exceeding the sum of one thousand dollars in any one\nyear without the vote of a town election for the purpose of purchasing\nequipment for the prevention of forest fires within the town. Any such\nequipment shall be under the direction and supervision of the town\nboard.\n 16. Traffic control, signals and standards. Any town may purchase,\nlease, install and maintain traffic signals and standards, for the\ncontrol of traffic upon streets and highways outside the limits of any\nincorporated village or city, and the town board may authorize the town\nsuperintendent to purchase or lease such traffic signals and standards\nand materials necessary for the installation and use thereof, without\nprior approval of the board in an amount to be fixed by the board not\nexceeding one thousand dollars in any one year. The cost of erection and\nmaintenance of such signals and standards shall be a town charge.\n 17. Citizens advisory committee on capital improvements. The town\nboard of any town having a population of five thousand or more as shown\nby the latest federal census, by resolution may appoint a committee of\ncitizens to act in an advisory capacity to the town board on the\nplanning, construction, reconstruction, undertaking or acquisition of\ncapital improvements. The members of such committee shall serve without\ncompensation and it shall be the duty of such advisory committee to\nmeet, consult and advise with the officers named in the resolution. Such\nadvisory committee shall have no powers other than advisory. The town\nboard may authorize the payment of the just and reasonable actual\nexpenses of the members of such advisory committee.\n 17-a. Historic places. The town board may provide for the preservation\nand protection of places, buildings, works of art and other objects\nhaving a special character or aesthetic interest or value and also may\nprovide for appropriate and reasonable control of the use or appearance\nof neighborhood private property within public view. Any such measures,\nif adopted in the exercise of police power, shall be reasonable and\nappropriate to the purpose, or if constituting a taking of private\nproperty, shall provide for due compensation, which may include the\nlimitation or remission of taxes.\n 17-b. Cultural development. To promote the cultural development of the\nresidents of the community, the town board may appropriate and expend\nfunds for promotion of literary, graphic, dramatic and performing arts\nby way of demonstrations, performances and exhibits of art and art\nforms.\n 18. Control of white pine blister rust. If requested by the\nconservation department, any town may appropriate a sum not exceeding\none thousand dollars in any one year for the eradication or control of\nwhite pine blister rust. When such an appropriation has been made, the\ntown clerk shall deliver to the supervisor and to the conservation\ndepartment a certified copy of the resolution making the appropriation.\nThe supervisor shall present a certified copy thereof to the board of\nsupervisors and the amount thereof shall be levied upon the taxable\nproperty of the town in the same manner as other town charges are levied\nand when collected shall be paid to the supervisor. When such funds are\navailable, the supervisor shall, in writing, notify the conservation\ndepartment of the fact and thereafter the conservation department may\nprovide for the disbursement thereof in such manner as it shall deem\nnecessary for eradication and control.\n 18-a. Appropriation for deer food. If requested by the conservation\ndepartment, any town may appropriate a sum not in excess of two hundred\nfifty dollars in any one year to provide food for wild deer at times\nwhen such deer are unable to obtain natural food. Distribution of such\nfood shall be under the supervision of the conservation department.\n 18-b. Any town, where there is an infestation of the golden nematode,\nmay appropriate a sum not exceeding five thousand dollars ($5,000), in\nany one year for the eradication or control of the golden nematode. When\nsuch appropriation has been made, the town clerk shall deliver to the\nsupervisor and to the state department of agriculture and markets a\ncertified copy of the resolution making the appropriation. The\nsupervisor shall present a certified copy thereof to the board of\nsupervisors and the amount thereof shall be levied upon the taxable\nproperty of the town in the same manner as other town charges are\nlevied, and when collected shall be paid to the supervisor. When such\nfunds are available, the supervisor shall, in writing, notify the state\ndepartment of agriculture and markets and thereafter the state\ndepartment of agriculture and markets may provide for the disbursement\nthereof in such manner as it shall deem necessary for eradication and\ncontrol.\n 19. Contracts for lighting of certain improved highways and bridges.\nAny town may contract for the lighting of such improved state highways\nand county roads, as defined in section three of the highway law, and\nfor lighting the bridges on such highways, in the town outside of\nincorporated villages, as the town board deems necessary for the safety\nor convenience of the public. The contract for any such purpose or\npurposes shall be upon such terms and for such time or period not\nexceeding ten years as the board deems proper or expedient.\n 19-a. Appropriation for public health. The town board of any town, the\nlocal board of health of which has been lawfully abolished, may, in lieu\nof employing a public health nurse or public health nurses in the manner\nauthorized by section twenty-b of the public health law, contract with\nany non-profit institution or agency, wholly or partly under private\ncontrol, organized to furnish visiting nursing or public health services\nand agree to pay fees specified in the said contract for such services\nfurnished to inhabitants of the town for which the contracting\ninstitution or agency shall not otherwise receive payment. Such\ncontracts shall provide that the contracting institution or agency will\ncomply with any rules promulgated by the county health commissioner.\nSuch town boards are authorized and empowered to appropriate the sums\nrequired to be paid to such institutions and agencies under the terms of\nsuch contracts and to raise the amount thereof by taxation.\n 19-b. Town medical and dental center. May create, establish, construct\nand reconstruct, repair, operate, equip and maintain a suitable building\nfor a town medical and/or dental center or facility that meets the\nrequirements of the public health law and the sanitary code of the state\nof New York and to acquire by purchase, lease, gift or condemnation\nnecessary lands therefor. Two or more adjoining towns may combine in the\nestablishment of such a center and the portion of expense chargeable to\neach town shall be fixed by agreement of the respective town boards.\n 19-c. Psychiatric rehabilitation programs for mentally ill, mentally\ndefective, epileptic and emotionally disordered persons. May contract on\nan annual basis with the county in which the town is located to furnish\nand operate psychiatric rehabilitation programs in the town for the\ncounty. Any such contract shall be subject to the prior approval of the\ncommissioner of mental hygiene. Notwithstanding the provisions of any\nother law, a county, acting through its mental health board, may\ncontract with a town within the county for the furnishing of community\nmental health services authorized by the community mental health\nservices act, as set forth in article eleven of the mental hygiene law,\nto be rendered by the town for the county to residents of the town.\n 19-d. Contracts for physician services. Notwithstanding the provisions\nof any law to the contrary, the town board of any town may contract on\nan annual basis for the services of a licensed physician, whether or not\nhe resides within such town, to render medical care and treatment to the\ninhabitants thereof and upon such terms and conditions as the town board\nmay prescribe. Such town board is authorized and empowered to\nappropriate the sums required to be paid under the terms of such\ncontract and to raise the amount thereof by taxation.\n A town board desiring to contract for the services authorized in this\nsubdivision is further authorized and empowered to appropriate and\nexpend a sum, not in excess of five thousand dollars, to be raised by\ntaxation, for the purposes of advertisement of any proposed contract,\nthe terms and conditions thereof or incidental thereto, and solicitation\nof offers of acceptance from any qualified physician. Such advertisement\nand solicitation may be accomplished in any manner the board deems\nappropriate.\n 19-e. Psychiatric clinics. Any town may appropriate a sum not in\nexcess of ten thousand dollars in any one year for a psychiatric clinic\nfor use in the clinic's annual budget, provided said corporation is\norganized under the not-for-profit corporation law and approved by and\nunder the jurisdiction of the department of mental hygiene and which\nprovides psychiatric and psychological counselling and therapy for\nchildren under the supervision of qualified personnel for the residents\nof the town.\n 20. Band concerts. Any town may provide for public band concerts to be\nheld at any place within the town annually between the first day of June\nand the fifteenth day of September.\n 20-a. Dumping facilities. May contract with any village which has a\ndumping ground for the use of such dumping ground by persons living in\nsuch town for the disposal of their garbage, ashes, rubbish and other\nwaste matter. The term of any such contract shall not exceed ten years\nand the consideration for such use shall be paid in equal annual\ninstallments. Notwithstanding the provisions of any other law, the\ngoverning board of any village having a dumping ground shall have power\nto enter into any such contract on behalf of the village.\n 20-b. Combustible liquids. The town board may provide for the\nregulation of underground areas used for the storage of combustible\nliquids.\n 21. Town physician. May establish the office of town physician in any\ntown in which there is not a practicing physician, fix the salary and\nappoint a duly qualified and licensed physician upon condition that he\nshall reside in the town. Two or more adjoining towns may combine in the\nemployment of such a physician who shall reside in one of the towns so\ncombining. In such case the portion of the salary chargeable to each\ntown shall be fixed by agreement of the respective town boards.\n 21-a. Establishment of department of public works in certain towns. 1.\nThe town board of any town of the first class or of any town having a\npopulation of ten thousand or more as shown by the latest federal\ncensus, and in which town the office of town superintendent of highways\nis an appointive office, may adopt a resolution establishing a\ndepartment of public works, and may appoint and fix the salary of a\ncommissioner of public works, who shall be the administrative head of\nthe department.\n 2. The commissioner of public works shall be appointed on the basis of\nhis administrative experience and qualifications for the duties of the\noffice. Such commissioner of public works shall hold office until the\nfirst day of January next succeeding the first bi-annual town election\nheld after his appointment and thereafter such commissioner of public\nworks shall hold office for the term of two years.\n 2-a. The town board of any town in Suffolk county in which the office\nof the town superintendent of highways is an elective or appointive\noffice may adopt a resolution establishing a department of public works\nand providing that the town superintendent of highways shall be the\nadministrative head thereof.\n 3. Upon the establishment of a department of public works, as above\nprovided, the town board by appropriate resolution may transfer to said\ndepartment the functions of one or more of the departments, bureaus,\nimprovement districts and services that are now or may hereafter come\nunder the jurisdiction of the town board, and such other duties in the\nnature of public works as may be prescribed by law or the town board may\ndetermine, not inconsistent with law. All costs and expenses incurred by\nthe department or its officers, agents and employees on behalf of a\nspecial improvement district, shall be charged against such district and\npaid from the funds duly appropriated for the purpose of such district.\n 4. Whenever such town board shall transfer to a department of public\nworks any department, bureau, improvement district or service as in this\nsection provided, the employees of such department, bureau, improvement\ndistrict or service shall be continued as employees in the department of\npublic works, with the same classification, pensions and retirement\nrights and privileges as they had immediately prior to such transfer,\nprovided, however, that nothing herein contained shall deprive the town\nboard of any power it now has with respect to any such employees.\n 5. Nothing herein contained shall be construed to delegate or transfer\nany power of the town board contained in sections sixty-one, sixty-four\nand articles twelve, fourteen and fifteen of this chapter.\n 22. Certain expenditures town charges. Except as otherwise provided by\nlaw, any expense actually and necessarily incurred by the town pursuant\nto the provisions of subdivisions twelve through twenty-one inclusive of\nthis section shall be a town charge and the amount thereof shall be\nassessed and levied upon the taxable property of the town and collected\nin the same manner as other town charges are assessed, levied and\ncollected.\n 23. General powers. Shall have and exercise all the powers conferred\nupon the town and such additional powers as shall be necessarily implied\ntherefrom.\n 24. Shall have the power to impose a fifteen per cent admission tax at\nall pari-mutuel tracks in such town, where such track is leased from a\ntax exempt organization.\n 25. Use of agricultural assessment for improvement district charges.\nMay adopt a resolution authorizing the application of the agricultural\nassessment established pursuant to article twenty-five-AA of the\nagriculture and markets law to the special assessment or special ad\nvalorem levy made on behalf of an ambulance, water, lighting, fire\nprotection, sewer, or sanitation district on land located within the\nambulance, water, lighting, fire protection, sewer, or sanitation\ndistrict and benefitting from such agricultural assessment. A copy of\nthis resolution shall be delivered to the assessor or assessors of the\ntown and shall be effective on the assessment roll prepared on the basis\nof the next taxable status date following its adoption. A resolution\nrepealing this authorization shall similarly be delivered to the\nassessor or assessors of the town and shall be effective on the\nassessment roll prepared on the basis of the next taxable status date\nfollowing its adoption.\n