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A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED RESOLUTION TO AMEND SEWER O&M RATES AND UPDATE SEWER CAPITAL FEE EDU ASSESSMENTS

↑Meetings/Resolutions/1-2026
One-time (complete)formal_resolutionone_timeversion history ↗Sets a public hearing for February 9, 2026 at 6:35pm to receive comments on proposed amendments to sewer O&M rates and updated EDU assessments for sewer capital fees, and directs the Village Clerk to publish notice and make the proposed resolution available for public inspection.
First seen
2026-01-12
Latest event
2026-01-26
adopted
Expires
—

Resolution text

RESOLVED

  1. a public hearing is hereby called and will be held by the Board of Trustees on Monday, February 9th, 2026 at 6:35pm at Village Hall, 7467 S. Broadway, Red Hook, New York 12571, for the purpose of hearing all persons interested in the proposed resolution to amend sewer O&M rates and to update sewer capital fee EDU assessments (including adoption of Exhibit A)
  2. the Village Clerk is hereby directed to cause a Public Notice of Hearing to be published and/or posted as required by the Code of the Village of Red Hook and applicable law, and to take any additional steps customarily undertaken by the Village for notice of public hearings, including posting at Village Hall and, if applicable, on the Village website
  3. the proposed resolution (including Exhibit A) shall be made available for public inspection during regular business hours at the Office of the Village Clerk at Village Hall and may be made available electronically to the extent the Village customarily does so
  4. the Attorney to the Village and Village Clerk are authorized to make non-substantive, ministerial edits to the form of the proposed resolution and/or public notice (including formatting, typographical corrections, and conformity edits) consistent with the intent of this Resolution
  5. this Resolution shall take effect immediately
Show preamble — 3 WHEREAS clauses
  • WHEREAS, the Village operates and maintains a municipal sanitary sewer system and is authorized to establish, fix, and collect sewer rents, rates, charges, and fees for the use of and services furnished by such system, pursuant to the Code of the Village of Red Hook and applicable provisions of New York Village Law
  • WHEREAS, the Board of Trustees has under consideration a proposed resolution to (i) amend the Sewer Operation & Maintenance ("O&M") rates, and (ii) adopt updated Equivalent Dwelling Unit ("EDU") assessments for sewer capital fees, including corrections and reallocations as set forth in an attached schedule (Exhibit A)
  • WHEREAS, the Board of Trustees desires to hold a public hearing to receive comments from the public on the proposed resolution

Legal analysisissues for consideration

Computer-generated analysis using NY State statutes and OSC guidance. Not legal advice. Frames concerns as questions, not pronouncements. Trustees and counsel make the call.

This resolution is procedurally sound on its face — mover, seconder, and unanimous vote are all recorded — but raises two questions worth counsel review before the substantive hearing proceeds: (1) whether amending sewer O&M rates must be accomplished by local law rather than resolution under VIL §13-1306 (which would trigger different procedural requirements including a potential permissive referendum period), and (2) whether the notice directed in RESOLVED clause 2 satisfies all applicable statutory minimums under the Village's sewer-rent enabling statutes. The remaining issues are lower-stakes documentation matters, including ensuring Exhibit A is formally appended to the Board record and that the delegation of ministerial editing authority to the Attorney and Clerk is understood to exclude numerical changes to the EDU schedule.
mediumStatute
Consider whether the public hearing notice requirements under Village Law §9-902 and the Village's sewer-rent enabling statutes are satisfied by the notice procedures described in RESOLVED clause 2.
The resolution directs the Village Clerk to publish and/or post notice 'as required by the Code of the Village of Red Hook and applicable law,' but does not specify the minimum advance notice period, the required publication medium, or the number of publications. Village Law §9-902 and the specific sewer-rent authority provisions (likely Village Law §14-1402 or the Village Code chapter governing sewer charges) may prescribe particular notice timelines and publication requirements. Consider whether counsel should confirm that the notice directed here will satisfy all applicable statutory minimums before the Clerk acts.
VIL §14-1402 · source ↗
VIL §9-902 · source ↗
mediumStatute
Consider whether VIL §13-1306 — the public-hearing requirement for revising charges for self-supporting improvements — directly governs the sewer O&M rate amendment, and whether its procedural requirements are fully addressed here.
Village Law §13-1306 provides that a board of trustees 'may by local law, rule, or regulation after a public hearing held on notice, establish or revise charges for the use or enjoyment of self-supporting improvement.' If the sewer system qualifies as a self-supporting improvement, the rate revision may need to proceed by local law (not merely resolution), which would trigger Municipal Home Rule Law §10 procedures including a permissive referendum period. The resolution before the Board is styled as setting a hearing on a 'proposed resolution,' not a proposed local law. Consider whether counsel should advise on whether the action must be taken by local law rather than resolution.
VIL §13-1306 · source ↗
“The board of trustees of any village may by local law, rule, or regulation after a public hearing held on notice, held on notice, establish or revise charges for the use or enjoyment of self-supporting improvement.”
Municipal Home Rule Law §10 · source ↗
lowStatute
Consider whether RESOLVED clause 4 — delegating authority for 'non-substantive, ministerial edits' to the Attorney and Clerk — is adequately bounded to prevent modification of material terms without further Board action.
The delegation in RESOLVED clause 4 authorizes the Attorney and Clerk to make 'non-substantive, ministerial edits' to the proposed resolution and public notice. While such delegations are common, the line between ministerial and substantive edits can be contested, particularly where EDU assessment schedules (Exhibit A) involve numerical corrections and reallocations. Consider whether the resolution should specify that any change to Exhibit A figures requires Board ratification, or whether the current language is sufficiently clear to avoid inadvertent ultra vires amendment.
VIL §4-412 · source ↗
lowStatute
Consider whether the proposed substantive resolution (setting new EDU assessments and O&M rates) will trigger any permissive referendum right under Village Law §9-908.
Village Law §9-908 provides a permissive referendum right for certain Board actions. While the present resolution merely schedules a public hearing, consider whether counsel should advise in advance of the substantive vote whether the underlying rate amendment or EDU reassessment constitutes an action subject to permissive referendum, so that the Board is prepared to manage the post-adoption window appropriately.
VIL §9-908 · source ↗
lowProcedure
Exhibit A — the EDU assessment schedule referenced in the WHEREAS and RESOLVED clauses — is not reproduced in the resolution record; consider whether its absence from the public record creates a completeness concern.
The resolution references an attached 'Exhibit A' containing the EDU corrections and reallocations that are central to the proposed amendment, but Exhibit A does not appear in the resolution text as recorded. RESOLVED clause 3 requires it to be available for public inspection, but it should also be incorporated into or appended to the formal Board record. Consider whether the minutes or resolution file should affirmatively attach and authenticate Exhibit A to ensure the public and any future auditor can verify what the Board actually acted upon.
lowProcedure
The resolution records a unanimous vote but no substantive discussion; consider whether the procedural record reflects adequate deliberation given that this hearing-setting resolution precedes a rate amendment with potential fiscal impact.
The motion to set a public hearing is itself procedurally routine, and the absence of recorded discussion is not unusual for scheduling resolutions. However, because the underlying proposed resolution involves rate changes and EDU reassessments that may affect property owners' financial obligations, consider whether any preliminary deliberation — such as the basis for the proposed rate levels or the methodology behind the EDU corrections — warrants documentation in the minutes to support the record for the substantive vote anticipated after the February 9 hearing.
Analysis provenance
Prompt
legal_analysis_v1
Model
claude-sonnet-4-6
Generated
2026-04-29T10:20:05+00:00
Prompt hash
6fbf62713bea309d
Corpus hash
add22d4dd34c41d2 (950 entries)

Document references

Cites or incorporates
Cited by

Lifecycle (2 events)

2026-01-12adoptedvote: unanimous
Schedule a public hearing to consider amendments to sewer service charges, establishing an updated sewer O&M service charge of $178 per benefit unit per quarter, beginning with the March 2026 billing.
moved by Smith · seconded by Uku
Show text snapshot for this event
Resolved
  1. A public hearing is hereby scheduled to be held by the Board of Trustees on February 9th, 2026 at 6:35pm, at Village Hall, 7467 S Broadway, Red Hook, NY 12571, or such other location as may be specified in the notice, to consider and receive comment on the proposed establishment of an updated sewer O&M service charge of $178 per BU per quarter, beginning with the March 2026 billing
  2. The Village Clerk is hereby directed to cause a public notice of the hearing to be published at least five (5) days prior to the hearing date in the official newspaper of the Village and otherwise as required by law
  3. Copies of the proposed sewer service charge schedule and this Resolution shall be made available for public inspection during normal business hours at the Office of the Village Clerk at Village Hall
  4. This Resolution shall take effect immediately upon adoption
Whereas
  • WHEREAS, the Village of Red Hook (the "Village") owns and operates a publicly owned treatment works ("POTW") and sewerage system
  • WHEREAS, Chapter 145 of the Code of the Village of Red Hook provides for the imposition of sewer service charges (also referred to as sewer rental charges) for users of the Village POTW
  • WHEREAS, Village Code Section 145-120(B) provides that the sewer rental charge rate shall be established from time to time by resolution of the Board of Trustees after a public hearing upon five (5) days' public notice
  • WHEREAS, the Board of Trustees is considering establishing an updated sewer O&M service charge of $178 per benefit unit (BU) per quarter, beginning with the March 2026 billing
  • WHEREAS, the Board of Trustees desires to schedule a public hearing to receive public comment on the proposed sewer service charge adjustment
2026-01-26adoptedvote: 5-0
Set a public hearing on a proposed resolution to amend sewer O&M rates and update sewer capital fee EDU assessments.
moved by Smith · seconded by Maccarini
Show text snapshot for this event
Resolved
  1. a public hearing is hereby called and will be held by the Board of Trustees on Monday, February 9th, 2026 at 6:35pm at Village Hall, 7467 S. Broadway, Red Hook, New York 12571, for the purpose of hearing all persons interested in the proposed resolution to amend sewer O&M rates and to update sewer capital fee EDU assessments (including adoption of Exhibit A)
  2. the Village Clerk is hereby directed to cause a Public Notice of Hearing to be published and/or posted as required by the Code of the Village of Red Hook and applicable law, and to take any additional steps customarily undertaken by the Village for notice of public hearings, including posting at Village Hall and, if applicable, on the Village website
  3. the proposed resolution (including Exhibit A) shall be made available for public inspection during regular business hours at the Office of the Village Clerk at Village Hall and may be made available electronically to the extent the Village customarily does so
  4. the Attorney to the Village and Village Clerk are authorized to make non-substantive, ministerial edits to the form of the proposed resolution and/or public notice (including formatting, typographical corrections, and conformity edits) consistent with the intent of this Resolution
  5. this Resolution shall take effect immediately
Whereas
  • WHEREAS, the Village operates and maintains a municipal sanitary sewer system and is authorized to establish, fix, and collect sewer rents, rates, charges, and fees for the use of and services furnished by such system, pursuant to the Code of the Village of Red Hook and applicable provisions of New York Village Law
  • WHEREAS, the Board of Trustees has under consideration a proposed resolution to (i) amend the Sewer Operation & Maintenance ("O&M") rates, and (ii) adopt updated Equivalent Dwelling Unit ("EDU") assessments for sewer capital fees, including corrections and reallocations as set forth in an attached schedule (Exhibit A)
  • WHEREAS, the Board of Trustees desires to hold a public hearing to receive comments from the public on the proposed resolution
Subject key: sewer_om_rates_edu_assessments