RESOLUTION AUTHORIZING SETTLEMENT IN THE MATTER OF JENNIFER FIER, AGAINST VILLAGE OF RED HOOK

Resolution #38-2026 — 2026-07-13

WHEREAS

• Jennifer Fier ("Plaintiff") commenced a small claims action against the Village of Red Hook challenging a charge in the sum of $261.00 that was relevied upon her property tax bill for snow removal performed by or on behalf of the Village following an alleged violation of Village Code §165-1, which action is now pending in the Justice Court of the Town of Milan, Dutchess County, under Case No. 26050112 (the "Action")
• the Village denies any liability, fault, or wrongdoing in connection with the Action, maintains that the charge was lawfully imposed and relevied, and maintains the validity and enforceability of Village Code §§165-1 and 165-4(B)
• the Village Board of Trustees, upon the advice of counsel, has determined that the cost of continued litigation would likely exceed the amount in controversy, and that compromise of the disputed charge, solely to avoid the burden, expense, and uncertainty of further litigation and without regard to the merits, is in the best interests of the Village
• the compromise of a disputed and litigated claim, supported by Plaintiff's discontinuance of the Action with prejudice and her release of the Village, is supported by valid consideration and does not constitute a gift or loan of public money or property within the meaning of Article VIII, §1 of the New York State Constitution

RESOLVED

• the Village Board of Trustees of the Village of Red Hook hereby authorizes the settlement of the Action on the following terms: the Village shall accept the sum of One Hundred Twenty-Five and 00/100 Dollars ($125.00) in full and final satisfaction of the $261.00 charge relevied upon Plaintiff's property tax bill, and in full and final satisfaction of all claims asserted, or that could have been asserted, in the Action, inclusive of all costs, disbursements, interest, and attorneys' fees
• Van DeWater & Van DeWater, LLP, and Ross Gould, Esq., as attorneys for the Village, are hereby authorized to negotiate, finalize, execute, deliver, and file a Stipulation of Settlement, together with such other papers as may be necessary or appropriate to effectuate the settlement on the terms set forth above, and to agree upon such mechanism for implementing the reduced charge as counsel shall determine to be lawful and appropriate, and the Mayor is authorized to execute the Stipulation of Settlement in a form approved by the Village Attorney
• this settlement is authorized solely to avoid the costs and uncertainty of continued litigation, and that neither this Resolution nor the settlement shall constitute, or be construed or offered as, an admission of liability, fault, wrongdoing, or violation of any law, ordinance, rule, or regulation on the part of the Village or any of its officers, officials, employees, or agents, all of which are expressly denied, nor an admission that the charge was improperly imposed or relevied, nor any concession as to the validity or enforceability of Village Code §§165-1 and 165-4(B), which the Village expressly reserves the right to enforce against Plaintiff and all other property owners
• this settlement is unique to the particular facts and circumstances of the Action, shall have no precedential effect, shall not be cited or relied upon by any person in any other matter, and shall not be construed as establishing any policy or practice of the Village with respect to the calculation, imposition, or relevy of snow removal charges
• any payment or credit to Plaintiff required to implement this settlement shall be made only upon audit and approval of a written and itemized claim in accordance with Village Law §5-524
• this Resolution shall take effect immediately