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Resolution Directing Payment of Outstanding NYCOM Conference Invoices

1 versions2026-04-09working document

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Prepared with guidance from NYCOM General Counsel Wade Beltramo and AI assistance from Claude.

VILLAGE OF RED HOOK RESOLUTION #___ – 2026 DATED: APRIL 13, 2026

RESOLUTION DIRECTING PAYMENT OF OUTSTANDING NYCOM CONFERENCE INVOICES

WHEREAS, on April 14, 2025, the Board adopted Resolution #8-2025 (Broad Form Consolidated Reorganization), authorizing the Board and certain staff to attend NYCOM conferences including the Winter Legislative Meeting; and

WHEREAS, on January 21, 2026, Trustee Uku registered to attend the NYCOM Winter Legislative Meeting (February 1–3, 2026) via the NYCOM website, on which the Village Clerk is listed as the billing contact, with payment designated as “invoice”; and

WHEREAS, Trustee Uku forwarded the registration confirmation and invoice to the Treasurer on the same date, copying the Clerk and Mayor Smythe; and

WHEREAS, the Treasurer acknowledged receipt by email: “Excellent — thanks!”; and

WHEREAS, on January 23, 2026, the Clerk registered Trustee Maccarini for the same conference in person at Village Hall and immediately transmitted the registration to the Treasurer; and

WHEREAS, on January 26, 2026, the Treasurer informed Trustee Uku by email that she had processed the invoice but that “Karen asked me to hold it back for now”; and

WHEREAS, on the same date, five days after the first registration and three days after the second, Mayor Smythe made a motion at a workshop meeting to divide the training budget equally among four Trustees, which passed by majority vote but did not take the form of a resolution and did not amend Resolution #8-2025; and

WHEREAS, Trustees Uku and Maccarini both attended the conference in reliance on the Village’s registration and the Board’s standing authorization; and

WHEREAS, on March 20, 2026, Trustee Uku requested from the Treasurer all vouchers related to the Village’s attendance at the February conference, and Mayor Smythe responded on March 23, 2026: “Your registration for the February NYCOM meeting was not authorized by the board” — a claim contradicted by Resolution #8-2025; and

WHEREAS, on March 25, 2026, the Clerk confirmed by email to the full Board and the Treasurer that neither invoice has been paid; and

WHEREAS, as of the date of this resolution, the invoices remain unpaid more than 70 days after the services were received, despite the Clerk having facilitated both registrations, the Treasurer having acknowledged the invoice, and Mayor Smythe having been copied on all correspondence; and

WHEREAS, NYCOM General Counsel Wade Beltramo advised Trustee Uku by email on March 16, 2026 that under Village Law §§4-402, 4-408, and 5-524, the Clerk’s obligation to transmit payment orders and the Treasurer’s obligation to pay Board-authorized claims are ministerial and non-discretionary, and that “a village mayor has no authority to direct or prevent the payment of claims authorized by the board of trustees”; and

WHEREAS, the Village has an obligation to pay its lawful debts promptly, and the continued failure to do so damages the Village’s professional reputation, particularly with NYCOM, the State’s principal legal and legislative resource for villages;

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NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Red Hook as follows:

1. The Village Treasurer is hereby directed to process payment of the outstanding NYCOM invoices for the February 2026 Winter Legislative Meeting registrations of Trustee Uku and Trustee Maccarini without further delay.

2. The Village Clerk is hereby directed to confirm payment to NYCOM in writing within 10 business days of the adoption of this Resolution, and to provide a copy of such confirmation to all Board members.

3. Severability. If any provision of this Resolution is held invalid, the remaining provisions shall remain in full force and effect.

4. This Resolution shall take effect immediately.

Motion by: ____________________

Seconded by: __________________

The foregoing resolution was duly put to a vote, which resulted as follows:

Mayor Smythe□Aye□Nay□Abstain□Recuse□Absent/Excused
DeputyMayor 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
ResultMotion:

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

Date: _______________

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Changes between versions

2020-02-102020-02-20
substantive change+111

The document was replaced by a specific authorization for Central Hudson to remove a street light.

  • The document transitioned from a resolution regarding New York State criminal justice discovery reforms to a specific authorization for the Mayor to sign consent for Central Hudson to remove street light #139039 on East Market Street
  • Removed all WHEREAS clauses regarding criminal justice statutes, discovery mandates, and tax caps
  • Removed all RESOLVED clauses regarding the New York State Conference of Mayors and correspondence to state officials
  • Document date advanced from 2020-02-10 to 2020-02-20
Show red-line diff
WHEREAS clauses: - while there was a need to reform New York's criminal justice statutes during the 2019 state legislative session, it is widely recognized that several of the changes in the laws pertaining to discovery are overly broad and vague and are having unintended consequences at the municipal level - the dramatically shortened time period in which prosecutors must disclose evidence to defendants and the broad expansion of the matters to which such discovery mandates apply will have significant cost, tax and justice implications for cities and villages with police departments, local justice courts or code/parking enforcement departments - the discovery reforms mandate prosecutors disclose evidence to the defense within 15 days of arraignment for criminal charges (even if the defendant is not in custody) - drastically enlarging the scope of material that a prosecutor must review and deliver within 15 days will overwhelm the ability of city and village officials and employees to prosecute cases while managing their misdemeanor and felony caseloads, and will make it impossible to prosecute vehicle and traffic and local code infractions and violations in compliance with the new discovery mandates - arraignment must now take place within 20 days of desk appearance ticket issuance, thereby requiring justice courts, many of which convene monthly, to meet more frequently - cities and villages will not reap savings from the bail reform's reduction of the burden on county jails - municipalities are already challenged with operating within the now-permanent 2% tax cap and have not received an increase in general purpose state aid in 11 years RESOLVED clauses: - the VILLAGEMayor OFis REDauthorized HOOKto supportssign the following set of amendments proposed by the New York State Conference of Mayors that are consistent with the intent of the criminal justice reforms but which will allowconsent for moreCentral effective and affordable implementation: Ensure that cities and villages are provided with additional financial and operational supportHudson to offsetremove thestreet costlight of these mandated measures; Allow 60 days for prosecutors to disclose evidence to the defense for criminal charges; Exclude from the accelerated discovery requirements any charge not involving a misdemeanor or felony; Adjust the 20-day arraignment requirement to accommodate local courts that meet#139039 on aEast monthlyMarket basis; Allow prosecutors to withhold sensitive information, such as victim contact information, without having to obtain a court order - this duly adopted resolution of the VILLAGE OF RED HOOK be forwarded to Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator SUE SERINO and Assembly Member KEVIN CAHILL, the New York State Conference of Mayors, and local media outletsStreet

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