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

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

Maloney), 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 J. Gregorius offer the following:

WHEREAS, the County of Ulster is the owner of 38.6 miles of the Ulster &

Delaware (“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 (“Watershed Property”) and managed by the New York City Department of

Environmental Protection (“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 (“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 rail trail along Watershed Property 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, consistent with Resolution No. 275, the County Attorney’s office

negotiated a Memorandum of Agreement (“MOA”) with the City of New York, by

and through the NYCDEP, that formalizes the Agreement in Principle; and

WHEREAS, the current NYCDEP Commissioner recently visited Ulster

County to reiterate the City of New York’s commitment to conversion of the U&D

corridor along the Watershed Property to rail trail only and announced with the

County Executive that the MOA was nearing finalization; and

WHEREAS, the MOA has been finalized and includes the significant benefits

highlighted in the 2013 Agreement in Principle, including: (a) $2.5 million in

financial assistance, (b) NYCDEP support for an additional $1 million in grants

through the Catskill Watershed Corporation, (c) NYCDEP construction and operation

of multiple access points with support facilities (“trailheads”), (d) joint marketing of

the future rail trail, and (e) pedestrian and bicycle improvements to NYCDEP’s

Ashokan Dividing Weir Bridge and Route 28A Bridge, also known as the Five Arch

Bridge, along with provisions that protect the City of New York’s drinking water

supply and preserve the County’s perpetual easement for railroad use along the

Watershed Property; and

WHEREAS, in order to secure the trail funding and other NYCDEP support, it

is necessary to execute the agreement with the City of New York while the funding is

available and budgeted so these significant commitments of funding and support are

not jeopardized by delay, which could result in funds being withdrawn or

reprogrammed for other infrastructure projects that might arise; and

WHEREAS, it is also necessary to execute the agreement to ensure inclusion

of NYCDEP commitments for improved pedestrian and bicycle accommodations on

the Five Arch Bridge on Route 28A and Ashokan Dividing Weir Bridge, for which

planning and design for scheduled upgrades and replacements is underway; and

WHEREAS, subparagraphs C through E of Section 2 of the MOA requires the

County to undertake the State Environmental Quality Act (SEQRA) process as part

of the planning and design of the trail and the County shall act as lead agency

therefor; and

WHEREAS, based upon the examination of the Ulster County Legislature,

and pursuant to the County of Ulster’s SEQRA Type II List that was adopted by the

County in Resolution No. 118 on April 20, 2010, and per Section 4.2.5 of that list, it

has been determined that the approval of the proposed MOA does not pose a

significant environmental impact and, therefore, has been determined to be a Type II

Action pursuant to 6NYCRR, Part 617 of SEQRA and does not require any

determination or procedure under SEQRA; now, therefore, be it

RESOLVED, the Ulster County Legislature hereby authorizes the County

Executive and Chairman of the Ulster County Legislature to execute an agreement,

and any amendments thereto, with the City of New York to facilitate and provide

significant funding and other support for a public rail trail along the Ashokan

Reservoir, in the form as filed with the Clerk of the Ulster County Legislature or as

modified with the approval of the County Attorney;

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 17 NOES: 6

(Noes: Legislators Belfiglio, Donaldson, Greene,

Lopez, J. Parete, and Wawro)

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

Transit on May 5, 2015

Resolution as amended approved for future consideration by Ways and Means

Committee on May 13, 2015

Passed Committee: Ways and Means on May 19, 2015

FINANCIAL IMPACT:

$2,500,000.00 – BUDGETED 2015 REVENUE DOLLARS

$1,000,000.00 – ANTICIPATED FUTURE REVENUE DOLLARS

Legislator Donaldson motioned, seconded by Legislator Greene, to refer the

resolution back to the Economic Development, Tourism, Housing, Planning, and

Transit Committee.

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 7 NOES: 16

(Ayes: Legislators Bartels, Belfiglio, Donaldson, Greene,

Lopez, R. Parete, and Wawro)

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 19th Day of May 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 20th Day of May 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

21st Day of May, 2015. 27

th Day of May, 2015.

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

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

Ulster County Legislature