Resolution to Adopt Fee Schedule as Amended

Some categories of fees (e.g., those that impose a charge having the character of a regulatory or revenue measure) may require adoption by local law rather than by resolution. Village Law §4-412 grants the Board authority to act by resolution on many matters, but Municipal Home Rule Law §10 reserves certain legislative actions — including those that impose fees equivalent to a tax or that affect property rights — to local law. Because Exhibit A is not included in the record, the scope of fees adopted cannot be fully assessed; counsel should review each fee category to determine whether any requires local law enactment, a public hearing specific to local law adoption, or filing with the Secretary of State under MHRL §27.

VIL §13-1306 specifically governs charges for the use or enjoyment of self-supporting improvements (e.g., recreational facilities, parking facilities) and states that such charges must be established 'by local law, rule, or regulation after a public hearing held on notice.' A public hearing was held (WHEREAS clause 3), which satisfies the notice requirement, but if any fees in Exhibit A relate to self-supporting improvements, the Board should confirm they were adopted in the form required by §13-1306 (i.e., local law or rule, not bare resolution). Counsel should review Exhibit A against this provision.

The resolution states that a public hearing was 'duly noticed and held on May 11, 2026.' However, the record does not specify the form or timing of the notice (e.g., whether it was published in an official newspaper within the timeframe required by Village Law §9-902 or the applicable local law). If any fee category triggers a specific notice requirement (e.g., 20-day published notice for certain local law hearings under MHRL §20), the adequacy of notice should be confirmed in the record. Counsel should verify that the notice method and lead time satisfied all applicable requirements for each fee type in Exhibit A.

The resolution covers 'records' fees. Public Officers Law §87(1)(b) caps FOIL reproduction charges at 25 cents per page for standard copies and limits electronic records fees to the 'actual cost' of reproduction. If Exhibit A includes FOIL-related fees that exceed these statutory caps, those specific fees may be unenforceable regardless of this resolution's adoption. Counsel should compare Exhibit A's records fees against POL §87(1)(b) to confirm compliance.

The resolution adopts the fee schedule 'attached hereto as Exhibit A,' but Exhibit A is not included in the resolution text provided. Best practice for record integrity is that the adopted exhibit be physically or digitally attached to the resolution in the official minutes, so that the schedule adopted on May 11, 2026, is unambiguously identifiable in future audits or disputes. The Village Clerk's obligation under RESOLVED clause 3 to maintain the schedule for public inspection is sound, but the minutes should also reflect that Exhibit A was before the Board at the time of adoption.

The resolution passed 5-0 with mover and seconder recorded, which satisfies basic procedural requirements under Village Law §4-414 and Robert's Rules. However, a comprehensive fee schedule revision affecting multiple service categories is a substantive legislative act. Recording at least a brief summary of the Board's deliberation — including reference to any cost studies, comparisons with neighboring municipalities, or departmental recommendations that informed the changes — would strengthen the evidentiary record and support the Board's findings if the schedule is later challenged. This is a best-practice concern, not a validity defect.