Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Archer, Greene, Loughran, and Roberts)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Public Works; and

WHEREAS, Sections 133-a, 135, and 142-d of the New York State Highway

Law and Section 20(31) of General City Law provide authorization for (1) the County

to permit the use of County-owned street or highway machinery, tools or equipment

by any municipal corporation, political subdivision, district corporation or school

district within the State, and (2) for towns and/or cities within the County to permit

the use of town and/or city-owned highway machinery, tools and equipment by a

county in which such town or city is wholly or partly located; and

WHEREAS, pursuant to Article 5, Section 119-O of New York State General

Municipal Law, all municipalities have the power and authority to borrow or lend

materials and supplies to other municipalities; and

WHEREAS, the Ulster County Commissioner of Public Works has determined

that from time-to-time, the County has machinery, tools and/or equipment, with or

without operators, available for use by other municipalities, and likewise, other

municipalities from time-to-time have machinery, tools and/or equipment available

for use by the County; and

WHEREAS, from time to time, a municipality may have a need for materials

and/or supplies that are not otherwise available in a timely manner, and may desire to

borrow such materials and/or supplies from another municipality, in order to progress

a project without delay; and

WHEREAS, it is understood between the municipalities that such borrowed or

loaned materials and/or supplies are to be replaced at the borrower’s earliest

opportunity; and

WHEREAS, it is hereby determined that by borrowing, loaning, or exchanging

machinery, tools, and equipment and that the borrowing or lending of materials and/or

supplies, the County and other municipalities may avoid the necessity of purchasing

certain machinery, tools, and equipment and the purchasing of or storing a large

inventory of certain extra materials and supplies, thereby saving the taxpayers money;

and

WHEREAS, it is incumbent upon each municipality to design a simple method

whereby materials and supplies, equipment, tools, and machinery, including the

operators thereof, may obtained or maintained with a minimum of paperwork and

inconvenience and with a swift approval process; and

WHEREAS, it is the intent of this resolution is to give the Ulster County

Commissioner of Public Works, or designee, the authority to enter into arrangements

with the persons serving in similar capacities in other municipalities without the

necessity of obtaining approval of the County Legislature prior to the making of each

individual arrangement; and

WHEREAS, a sample agreement, a copy of which is appended to this

resolution, has been prepared and the same or a substantively similar agreement is

expected to be adopted and placed into effect in other municipalities, and will grant

the person holding the position comparable to that of the Ulster County Commissioner

of Public Works authority to make similar arrangements; and

WHEREAS, it is hereby determined that it will be in the best interest of the

County to be a party to such shared services arrangements; and

WHEREAS, the Public Works and Capital Projects Committee has met and

reviewed said request with a majority of members voting approval; now, therefore be

it

RESOLVED, that the Ulster County Legislature hereby authorizes the

Commissioner of the Ulster County Department of Public Works or designee to enter

into shared services agreements with other municipalities for the borrowing or loaning

of equipment, tools, machinery (with or without operators), materials and supplies,

without the necessity of obtaining approval of the Ulster County Legislature prior to

the making of each individual arrangement in the form as modified with the approval

of the County Attorney,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Briggs left at 7:46 PM)

Passed Committee: Public Works and Capital Projects on September 3, 2015

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of September in the year Two Thousand

and Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 17th Day of

September in the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of September, 2015. 24

th Day of September, 2015.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature