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

and Legislators Archer, Greene, Loughran, and Roberts), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Belfiglio, Briggs, Gregorius,

Maio, Maloney, and R. Parete)

Legislator John R Parete offers the following:

WHEREAS, Hurricane Irene devastated Ulster County leaving in its wake

considerable property damage; and

WHEREAS, Clair Road in the Town of Denning was rendered impassable by

the storm and required extensive repair; and

WHEREAS, through consultation with the County of Ulster and Empire State

Development of New York State, the Town of Denning applied for and was approved

to receive certain grants from the State of New York through the New York Works

Program to help remediate, mitigate and reduce flooding in Ulster County; and

WHEREAS, as part of the New York State grant process, the County of Ulster

is required to undertake efforts to facilitate the release of grant funding approved

through the New York Works Program; and

WHEREAS, the Town of Denning, in reliance upon its approval for a grant

through the New York Works Program, completed necessary steps to contract with

Kingston Equipment Rental/Baker Brothers to remediate flood damage and help

mitigate future flooding on Clair Road; and

WHEREAS, work was completed in November 2012; and

WHEREAS, the County of Ulster has failed to complete the required steps to

facilitate the grant process and, as a result, the sum of $25,300.80 has not been

released to the Town of Denning to cover its flood remediation and mitigation costs;

and

WHEREAS, the Town of Denning has paid in full the reimbursable

$25,300.88 due to Kingston Equipment Rental/Baker Brothers; and

WHEREAS, the Town of Denning continues to suffer financial hardship as a

result of the flood remediation and mitigation costs; now, therefore, be it

RESOLVED, that the 2015 Ulster County Budget is hereby amended as

follows:

DECREASE AMOUNT

AA.1990.1331-4600.4660 Contingency $25,300.88

(Appr.#)

and be it further,

RESOLVED, that no County money shall be paid to the Town of Denning

until a Memorandum of Receipt signed by the Supervisor of the Town of

Denning, providing for the County of Ulster’s full reimbursement in the event

the Town receives flood remediation monies from the State of New York and/or

the New York Works Program, is delivered to the Commissioner of Finance;

and, be it further

RESOLVED, that upon delivery of the Memorandum of Receipt the

Commissioner of Finance is authorized and directed to issue payment in the amount

of $25,300.88 to the Town of Denning for flood remediation and mitigation costs

stemming from Hurricane Irene,

and moves its adoption.

ADOPTED AS AMENDED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Postponed in Committee: Public Works and Capital Projects on November 5, 2015

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

Passed Committee: Ways and Means as amended on December 15, 2015

FINANCIAL IMPACT:

$25,300.88 – COUNTY DOLLARS

Legislator Gerentine motioned, seconded by Legislator Briggs, to amend the

resolution by inserting an additional RESOLVED, as well as adding language to the

final RESOLVED, as indicated above in bold font.

 MOTION ADOPTED BY THE FOLLOWING VOTE:

 AYES: 23 NOES: 0

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 December 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 16th Day of

December in the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Vetoed by the County Executive this

16th Day of December, 2015. 23rd Day of December, 2015.

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

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

Ulster County Legislature

At the February 16, 2016 Regular Legislative Session, Legislator John Parete

motioned, seconded by Legislator Richard Parete, to reconsider Resolution No. 445

of 2015.

MOTION DEFEATED BY THE FOLLOWING ROLL CALL VOTE:

 AYES: 12 NOES: 6

(Noes: Allen, Bartels, Berky, Delaune, Heppner, and

Rodriguez)

(Absent: Legislators Briggs, Fabiano, Gerentine,

Maloney, and Roberts)