Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Briggs and Legislators Allen, Archer, Bartels, Litts, Maio and

Maloney), 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)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Donald Gregorius offer the following:

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

behalf of the Department of Planning; and

WHEREAS, the County of Ulster (hereinafter the “County”) is the owner of

38.6 miles of the Ulster & Delaware (hereinafter “U&D”) Railroad corridor running

from the City of Kingston to Highmount in the Town of Shandaken, including

approximately 11.5 miles of easement through lands adjacent to the Ashokan

Reservoir owned by the City of New York (hereinafter the “Watershed Property”)

and managed by the New York City Department of Environmental Protection

(hereinafter “NYCDEP”); and

WHEREAS, in December 2013, the Ulster County Executive and the then

NYCDEP Commissioner announced an historic Agreement in Principle to facilitate

and provide significant funding support for the conversion of 11.5 miles of the U&D

corridor along the Watershed Property into a public, multi-use recreational trail

(hereinafter the “Ashokan Rail Trail”) in order to provide a major economic

development boost to Ulster County and Route 28 businesses, expand recreational

opportunities for local residents and visitors, improve public health and quality of

life, and further develop Ulster County’s rail trail network into a world-class tourism

destination; and

WHEREAS, the Ashokan Rail Trail will open the northern shore of the

Ashokan Reservoir to the public, without permit or fee, for the first time in more than

a century and will ensure year-round public access for walking, running, bicycling,

cross country skiing, snowshoeing and other non-motorized uses between Basin

Road in West Hurley and Boiceville in the Town of Olive; and

WHEREAS, in August 2014, the Ulster County Legislature adopted

Resolution No. 275, which established a policy to convert sections of the U&D

corridor into rail trail only, including the 11.5 miles along the Watershed Property

identified in the Agreement in Principle; and

WHEREAS, in May 2015, the Ulster County Legislature adopted Resolution

No. 187 authorizing the County Executive and Chairman of the Ulster County

Legislature to execute a final agreement based on the Agreement in Principle with

the City of New York to facilitate and provide significant funding and other support

for a public rail trail along the Ashokan Reservoir (the “Agreement”); and

WHEREAS, the Agreement was fully executed on June 16, 2015 and included

$2,500,000.00 million in direct grant assistance from NYCDEP for trail planning and

construction; and

WHEREAS, on October 1, 2015 the first $1,000,000.00 in funding was

released to the County in accordance with the Agreement; and

WHEREAS, the County is interested in moving forward design and

engineering work for the Ashokan Rail Trail using a portion of the NYCDEP

funding, which will be transferred into the Ashokan Rail Trail Capital Project for

planning purposes only; and

WHEREAS, the proposed project being considered includes the construction

of the Ashokan Reservoir Rail Trail and associated access facilities constitutes an

action as defined under NYCRR Part 617.4(b)(6) [SEQRA]; and

WHEREAS, the County is desirous of establishing itself as a lead agency and

conducting a coordinated review as provided for in NYCRR Part 617.6; now,

therefore, be it

RESOLVED, this resolution authorizes expenditures exclusively for design

and engineering work necessary to effectuate the design of the Ashokan Rail Trail;

and, be it further

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3) of the Regulations

pertaining to Article 8 of the Environmental Conservation Law of New York State

(SEQRA), the Ulster County Legislature hereby declares its intent to serve as Lead

Agency for the above recited project; and, be it further

RESOLVED, that the Ulster County Legislature has determined, after review

of the criteria contained in 6 NYCRR Parts 617.4 (b)(6), that the project is a Type I

Action; and, be it further 

RESOLVED, that the Ulster County Legislature will conduct a coordinated

review and circulate its Notice of Intent to serve as Lead Agency, together with the

EAF and accompanying documentation to all interested and involved agencies

pursuant to 6 NYCRR Part 617.6(b) (2) (i) and 6 NYCRR Part 617.6(b) (3); and, be

it further

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3), at the conclusion

of an otherwise unchallenged thirty (30) day period following the date of transmittal

of the Notice of Intent, the EAF and documentation aforesaid to the interested

agencies, the Legislature shall become the Lead Agency under SEQRA for this

project; and, be it further

RESOLVED, that Capital Project No. 459 Ashokan Rail Trail is hereby

established as follows:

CREATE

Capital Project No. 459 Ashokan Rail Trail $1,000,000.00

and, be it further

RESOLVED, that Capital Project No. 459- “Ashokan Rail Trail” is hereby

established and that the 2015-2020 Capital Fund Budget is amended as follows:

INCREASE AMOUNT

HH 7197-0459-4300-4355 Engineering Services $550,000.00

(App #)

HH 7197-0459-3200-2397 Intergovernmental Charges $550,000.00

(Rev #) Capital Projects, Other Gov’t

(NYC DEP Grant)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0 

Passed Committee: Economic Development, Tourism, Housing, Planning, and

Transit on December 1, 2015

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

Passed Committee: Ways and Means on December 15, 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 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 Approved by the County Executive this

16th Day of December, 2015. 22

nd Day of December, 2015.

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

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

Ulster County Legislature