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VILLAGE OF RED HOOK RESOLUTION #___ – 2026 DATED: APRIL 13, 2026
RESOLUTION TO AFFIRM PARITY IN BOARD GOVERNANCE AND DISSOLVE THE UNAUTHORIZED ZONING REVIEW COMMITTEE
WHEREAS, the Board of Trustees is vested with the legislative authority of the Village under Village Law §4-412, including the power to establish rules governing its own proceedings; and
WHEREAS, Public Officers Law §103 requires that the business of a public body be conducted at meetings open to the general public; and
WHEREAS, the Board of Trustees is a legislative body in which every member holds equal standing, regardless of title or seniority; and
WHEREAS, the Mayor and Deputy Mayor have met regularly outside of noticed public meetings as the “Zoning Review Committee,” without authorization from the Board of Trustees; and
WHEREAS, through this body, the Mayor and Deputy Mayor directed the Village’s planning consultant and land use attorney on the development of the North Broadway Corridor Land Use and Zoning Study; and
WHEREAS, the “Village of Red Hook Zoning Review Committee” appeared on twelve consecutive Board meeting agendas from April 2025 through March 2026, listed under the Deputy Mayor’s report as though it were a duly constituted body, despite having no enabling resolution; and
WHEREAS, at the February 9, 2026 Board meeting, the Village Clerk stated that the Zoning Review Committee was authorized by the Board at the April 14, 2025 reorganization; and
WHEREAS, the Clerk subsequently confirmed in writing on February 10, 2026: “I stand corrected. It does not look like it was included in the reorg,” and that the body operates on “past precedent” rather than any resolution or action of the current Board; and
WHEREAS, no resolution establishing or authorizing the Zoning Review Committee appears in the records of the Village of Red Hook; and
WHEREAS, the Deputy Mayor reported on the activities of this unauthorized body at Board meetings throughout the period it appeared on the agenda; her reports document that the Mayor and Deputy Mayor reviewed and revised drafts and Board members’ comments before forwarding them to the consultant, all outside of noticed public meetings; and
WHEREAS, the remaining Board members were presented with draft legislation and consultant work product developed through this channel in substantially final form, limiting their ability to participate equally in shaping work on which they were asked to vote; and
WHEREAS, on February 5, 2026, a Trustee moved that the Board assert its authority over the development of the Study and that public deliberation occur at Board meetings; this motion received no second; and
WHEREAS, the Board adopted the work product of this unauthorized body on March 23, 2026 as an amendment to the Village Comprehensive Plan, with procedural and statutory defects identified on the record at the time of adoption; and
WHEREAS, for effective governance, all Board members require equal access to information, equal ability to introduce work product, and equal participation in directing the work of Village consultants and professionals; and
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WHEREAS, substantive policy development should occur at duly noticed public meetings, not through informal working sessions that exclude Board members or the public;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Red Hook as follows:
1. Dissolution. The body known as the “Village of Red Hook Zoning Review Committee” is hereby dissolved. It was never established by resolution of the Board of Trustees and has no authority to act on behalf of the Board. No work product, direction to consultants, or deliberation conducted under its name constitutes action of this Board.
2. Equal standing. Any Board member may draft and introduce proposed legislation, or other work product, for Board consideration.
3. Timely distribution. Draft legislation, consultant reports, contract proposals, and other materials prepared for Board action shall be distributed to every Board member at the same time. When any Village professional retained by the Board produces a draft or revision of a document that will come before the Board, it shall be distributed to all Board members upon receipt by any Village officer or employee. The Village Clerk shall be responsible for prompt distribution, within one business day of receipt.
4. Agenda access. Any Board member may add items to the agenda of any regular, special, or workshop meeting.
5. Direct access to information. Any Board member may request information, data, or clarification from Village staff and Village professionals retained by the Board regarding matters within the Board’s jurisdiction. A request for information is not a direction to staff and shall not be treated as such.
6. Direction to consultants. Substantive direction to Village consultants regarding work product that will come before the Board for action, including but not limited to changes to draft legislation, planning studies, or policy proposals, shall be given by the Board as a body at a duly noticed public meeting. No individual Board member shall direct a consultant to make substantive changes to such work product outside of a Board meeting, except for ministerial corrections (formatting, typographical errors, factual updates), which shall be disclosed to the full Board at the next meeting. All drafts and revisions of work product prepared by or for the Board shall be redlined, dated, and distributed to all Board members so that changes between versions are clearly identified.
7. Professional availability. Village professionals retained by the Board shall make themselves available at meetings of the Board of Trustees when their expertise is relevant to a noticed agenda item, or when directed by resolution of the Board. Such professionals shall respond to inquiries from any Board member with the same priority and completeness as inquiries from any other Board member, including the Mayor.
8. Future committees. No committee, working group, or similar body shall operate on behalf of the Board unless established by resolution specifying its name, purpose, membership, duties, and terms. Individual trustee assignments as liaisons to external bodies are departmental assignments, not committees, and are not affected by this resolution.
9. Notice to Village professionals. The Village Clerk shall transmit a copy of this resolution to all Village professionals retained by the Board within five business days of adoption.
10. Severability. If any provision of this resolution is held invalid, the remaining provisions shall remain in full force and effect.
11. Effective date. This resolution shall take effect immediately.
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Seconded by: __________________
Motion by: ____________________
The foregoing resolution was duly put to a vote, which resulted as follows:
| Mayor Smythe | □Aye | □Nay | □Abstain | □Recuse | □Absent/Excused |
|---|---|---|---|---|---|
| Deputy Mayor Kjarval | □Aye | □Nay | □Abstain | □Recuse | □Absent/Excused |
| Trustee Uku | □Aye | □Nay | □Abstain | □Recuse | □Absent/Excused |
| Trustee Allen | □Aye | □Nay | □Abstain | □Recuse | □Absent/Excused |
| Trustee Rothstein | □Aye | □Nay | □Abstain | □Recuse | □Absent/Excused |
| Vote Total | |||||
| Result | Motion: |
I hereby attest that the above Resolution was approved by the Board of Trustees at its April 13, 2026 meeting, and that I have been authorized to sign this Resolution by decision of the Board of Trustees.
Jennifer Cavanaugh, Clerk
Date
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