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 Richard Parete)

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 A3-4 (Y) and A2-6(A)(3) of the Administrative Code

provide that the Chairman of the Ulster County Legislature can, upon approval of the

County Legislature, enter into an intermunicipal agreement on behalf of the County

of Ulster; and

WHEREAS, pursuant to General Municipal Law, Section 119-n(a), the

definition of a municipal corporation includes a town; and

WHEREAS, the Wal-Mart Corporation (hereinafter referred to as “WALMART”) owns certain real property located at 7500 Route 209 Ellenville, New York

upon which it operates its commercial retail operation (hereinafter referred to as the

“STORE”); and

WHEREAS, the County granted a highway work permit dated September 13,

2011 under Section 136 of New York State’s Highway Law to WAL-MART that

provided for WAL-MART to improve Plank Road a/k/a County Road No. 128 to

include sidewalks as part of the construction of a commercial access road for the

Store; and

WHEREAS, WAL-MART posted a surety bond for performance of the work

in the amount of $15,000.00; and

WHEREAS, the Town and the Napanoch Fire District raised an issue with the

sidewal

WHEREAS, the agreed upon compromise provides for payment by WALMART to repair and reconstruct existing sidewalks in the hamlet of Napanoch by the

Town of Wawarsing and construction of shoulders in place of the required sidewalk

by the County as a condition for the release of the surety bond; and

WHEREAS, the Commissioner of the Ulster County Department of Public

Works requests that the Chairman of the Ulster County Legislature be authorized to

execute Inter-Municipal Agreement with the Town of Wawarsing that includes

payment by WAL-MART in the amount of $50,536.50 of which $31,396.50 will be

paid to the Town of Wawarsing and $19,140.00 will be paid to Ulster County; and

WHEREAS, based on the examination by the Ulster County Legislature, the

proposed work to be funded under this agreement has been determined to be a Type

II Action as defined under Sections 2.1and 4.5.3 of the County of Ulster’s State

Environmental Quality Review Act (SEQRA) Type II List which was adopted

pursuant to Resolution No. 118 dated April 20, 2010 pursuant to the regulations of

the New York State Department of Environmental Conservation; now, therefore be it

RESOLVED, that the Chairman of the Ulster County Legislature is authorized

to execute intermunicipal agreements, and any amendments thereto, with the Town

of Wawarsing that provides for the release of the surety bond in the amount of

$15,000.00 and payment in the total amount of $50,536.50 by the Wal-Mart

Corporation of which $31,396.50 will be utilized by the Town of Wawarsing for the

repair and rehabilitation of sidewalks in the hamlet of Napanoch, and $19,140.00

will be utilized by the County of Ulster for the construction of a shoulder along Plank

Road (County Route 128) in the hamlet of Napanoch,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0 

Passed Committee: Public Works and Capital Projects on May 7, 2015

Passed Committee: Ways and Means on May 13, 2015

FINANCIAL IMPACT:

$19,140.00 - ADDITIONAL 2015 REVENUE DOLLARS

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