RESOLUTION TO AUTHORIZE APPLICATION FOR AN INTERMUNICIPAL GRANT (IMG)
One-time (complete)formal_resolutionone_timeThe Village authorizes the Town of Red Hook to submit a joint Intermunicipal Grant application to NYSEFC on the Village's behalf for up to $10,000,000 in grant funding (40% of project cost less contingency) for the wastewater treatment plant Phase 2 expansion, and designates Mayor Smythe to sign any required funding agreements.
First seen
2026-07-13
Latest event
2026-07-13
adopted
Expires
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Resolution text
RESOLVED
- the Village of Red Hook hereby authorizes the undertaking of this project and authorizes Town Supervisor Robert McKeon to submit a joint IMG application on the Village's behalf
- the Village of Red Hook designates Mayor Karen Smythe to sign any funding agreement(s) or associated documents required by NYSEFC
Show preamble — 4 WHEREAS clauses
- WHEREAS, the Village of Red Hook plans to upgrade an existing wastewater treatment plant and expand the total treatment capacity to 300,000 gallons per day in order to provide sewer service to an approximate additional 120 parcels within the Village of Red Hook (Phase 2 service area) and approximately 50 parcels within the Town of Red Hook
- WHEREAS, the total probable cost for the proposed work is $27.8M and to finance the project, the Village will need to pursue all available funding options
- WHEREAS, the Village of Red Hook and the Town of Red Hook entered into an Intermunicipal Sewer Agreement on June 10, 2024 and amended on December 9, 2024 identifying potential funding sources for the project
- WHEREAS, the Town of Red Hook intends to be the lead applicant for an Intermunicipal Grant (IMG) request to the New York State Environmental Facilities Corporation (NYSEFC) which, if approved, could provide 40% of the project cost less contingency up to $10,000,000 in grants for each municipality
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.
The most significant issues for trustee and counsel attention are: (1) whether Village Law §14-1408 requires a separate resolution stating the maximum amount to be expended on the Phase 2 enlargement, which this grant-authorization resolution does not include; (2) whether the open-ended delegation to Mayor Smythe to sign 'any' NYSEFC funding agreements requires future board action when specific agreement terms are known, given the potential scale of matching and compliance obligations; and (3) whether the statutory basis for the Town acting as lead applicant on the Village's behalf is clearly established in the existing Intermunicipal Sewer Agreement and confirmed by counsel. The procedural record is otherwise complete (mover, seconder, and unanimous vote are recorded), but the minutes could be strengthened by reflecting the Board's deliberation on the Village's financing plan for its share of the $27.8M project cost.
mediumStatute
Does Village Law §14-1408 require the resolution to state a maximum expenditure amount for the enlargement of the wastewater treatment plant?
Village Law §14-1408 provides that the board of trustees may enlarge an existing sewage treatment plant 'by resolution adopted at a regular meeting' and that '[t]he resolution shall state the maximum amount to be expended for such work.' This resolution authorizes a grant application and designates signatories but does not itself state a maximum expenditure amount for the Phase 2 expansion work. Consider whether a separate or supplemental resolution stating the maximum amount to be expended is required, or whether counsel views this grant-authorization resolution as distinct from the capital-authorization resolution that §14-1408 contemplates.
VIL §14-1408 · source ↗
“The board of trustees of any village may establish a sewage treatment plant or enlarge or remodel an existing sewage treatment plant at the expense of the village by resolution adopted at a regular meeting. The resolution shall state the maximum amount to be expended for such work.”
mediumStatute
Consider whether the intermunicipal arrangement with the Town of Red Hook is grounded in a sufficient statutory authorization for joint sewer operations, and whether the existing Intermunicipal Sewer Agreement satisfies applicable requirements.
The resolution references an Intermunicipal Sewer Agreement dated June 10, 2024 (amended December 9, 2024) as the basis for the Town acting as lead applicant on the Village's behalf. The corpus excerpt for GMU §120-x addresses joint agreements between towns and villages for public docks specifically, and does not directly authorize joint sewer arrangements. Consider whether counsel has confirmed the statutory basis for the intermunicipal sewer agreement — potentially General Municipal Law Article 5-G (§119-m et seq., intermunicipal cooperation) or Village Law Article 14 — and whether that agreement's terms adequately authorize the Town Supervisor to submit a grant application binding the Village. The resolution authorizes Town Supervisor McKeon to submit the application 'on the Village's behalf,' which may raise questions about the scope of delegated authority.
GML §119-m et seq.
VIL §14-1408 · source ↗
“The board of trustees of any village may establish a sewage treatment plant or enlarge or remodel an existing sewage treatment plant at the expense of the village by resolution adopted at a regular meeting.”
mediumStatute
Does authorizing the Mayor to sign 'any funding agreement(s) or associated documents required by NYSEFC' constitute an open-ended delegation of contracting authority that may require future board action or exceed the scope of a single resolution?
The second RESOLVED clause designates Mayor Smythe to sign 'any funding agreement(s) or associated documents required by NYSEFC' without specifying limits on the terms, obligations, or financial commitments the Village may assume under such agreements. A grant agreement for up to $10,000,000 (40% of a $27.8M project) could impose significant matching obligations, compliance requirements, or encumbrances on Village assets. Consider whether Village Law §4-412 or the Village Charter limits the Board's ability to delegate open-ended contracting authority to the Mayor without further board review of the specific agreement terms, and whether a future resolution approving the actual funding agreement would be appropriate.
VIL §4-412
lowStatute
Consider whether the project scope — extending sewer service to approximately 50 parcels within the Town of Red Hook — implicates any permissive referendum requirement under Village Law §9-908.
The resolution contemplates expanding Village wastewater treatment capacity to serve not only Village parcels but also approximately 50 parcels within the Town of Red Hook. Extending municipal infrastructure service beyond Village boundaries may constitute a significant policy action. Consider whether counsel has reviewed Village Law §9-908 to determine whether this action, or the underlying capital project authorization, triggers a permissive referendum window during which Village voters could demand a referendum before the project proceeds.
VIL §9-908
lowStatute
Consider whether the eventual grant-funded construction contracts will be subject to competitive bidding requirements under GML §103.
While this resolution authorizes only a grant application, the underlying Phase 2 project has a probable cost of $27.8M. When construction contracts are let, General Municipal Law §103 will require competitive bidding for public work contracts above the statutory threshold. Consider whether the Board's planning documents and the intermunicipal agreement address how bidding responsibilities will be allocated between the Village and the Town when the Town is acting as lead applicant, and whether the Village's procurement policies are aligned with those requirements.
GML §103
lowProcedure
The resolution records no discussion of the financial obligations the Village may assume if the grant is awarded; consider whether the procedural record reflects adequate deliberation on the Village's matching and compliance commitments.
The grant, if awarded, could provide up to $10,000,000 but the total project cost is $27.8M, implying the Village must finance the remaining approximately $17.8M through debt, other grants, or reserves. The resolution record does not reflect any documented discussion of how the Village's share will be financed, what conditions NYSEFC may impose, or how the intermunicipal cost-sharing with the Town will work in practice. While the motion was properly moved, seconded, and passed unanimously, OSC guidance on capital planning recommends that governing boards document their deliberation on major capital commitments. Consider whether the minutes should reflect at least a summary of the financial analysis presented to the Board.
OSC LGMG: Understanding the Budget Process · source ↗
“Multiyear capital plans ... Debt service requirements, contracts, and other commitments”
lowProcedure
Consider whether any trustee has a financial interest in the intermunicipal sewer project or in entities likely to contract for the Phase 2 work, and whether any required disclosures have been made.
GML Article 18 and the OSC Conflicts of Interest guide require municipal officers to disclose and recuse from matters in which they have a direct or indirect financial interest. Given the scale of this project ($27.8M) and the involvement of both Village and Town officials, consider whether the Board has confirmed that no trustee or the Mayor has a financial relationship with engineering firms, contractors, or other entities likely to be engaged for Phase 2 work. The resolution record does not reflect any conflict-of-interest disclosures, which is standard for routine matters but worth confirming for a project of this magnitude.
OSC LGMG: Conflicts of Interest of Municipal Officers and Employees · source ↗
“Article 18 prohibits municipal officers and employees from having interests in contracts with the municipality for which they serve, but only under certain circumstances.”
GMU §804 · source ↗
“Any contract willfully entered into by or with a municipality in which there is an interest prohibited by this article shall be null, void and wholly unenforceable.”
Analysis provenance
- Prompt
- legal_analysis_v1
- Model
- anthropic/claude-sonnet-4-6
- Generated
- 2026-07-31T22:23:06+00:00
- Prompt hash
- 58e81924f49facc1
- Corpus hash
- 2d5d28d8b0c56812 (950 entries)
Document references
Cites or incorporates
- 2026-07-13Resolution to Authorize Application for a Water Quality Improvement Grant
- 2025-07-28Resolution to Authorize Submission of Consolidated Funding Application (CFA) Grant for Sewer Phase II Project
- 2025-09-08WIIA / IMG Application - WWTP Upgrades Phase II— pinned to a specific version
- 2025-09-08Resolution to Authorize the Submit of WIIA Funding Application for WWTP Upgrade and STEP Sewer System - Phase 2
- 2025-09-08Joint Application Form for Permits Affecting Streams, Waterways, Wetlands, Coastal Areas, and Water Sources
Lifecycle (1 event)
2026-07-13adoptedvote: unanimous
Authorize application for an Intermunicipal Grant (IMG) from NYSEFC for wastewater treatment plant Phase 2 expansion.
moved by Rothstein · seconded by Uku
Show text snapshot for this event
Resolved
- the Village of Red Hook hereby authorizes the undertaking of this project and authorizes Town Supervisor Robert McKeon to submit a joint IMG application on the Village's behalf
- the Village of Red Hook designates Mayor Karen Smythe to sign any funding agreement(s) or associated documents required by NYSEFC
Whereas
- WHEREAS, the Village of Red Hook plans to upgrade an existing wastewater treatment plant and expand the total treatment capacity to 300,000 gallons per day in order to provide sewer service to an approximate additional 120 parcels within the Village of Red Hook (Phase 2 service area) and approximately 50 parcels within the Town of Red Hook
- WHEREAS, the total probable cost for the proposed work is $27.8M and to finance the project, the Village will need to pursue all available funding options
- WHEREAS, the Village of Red Hook and the Town of Red Hook entered into an Intermunicipal Sewer Agreement on June 10, 2024 and amended on December 9, 2024 identifying potential funding sources for the project
- WHEREAS, the Town of Red Hook intends to be the lead applicant for an Intermunicipal Grant (IMG) request to the New York State Environmental Facilities Corporation (NYSEFC) which, if approved, could provide 40% of the project cost less contingency up to $10,000,000 in grants for each municipality
Subject key:
wastewater_treatment_plant_phase2_img_grant