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, the County of Ulster is the owner of property formerly owned by

Patricia Jordan, situated in the Town of Wawarsing at 11 Plank Road, Napanoch,

New York, and designated as SBL No. 83.10-3-4; and

WHEREAS, this property was acquired by the County of Ulster through a

state grant program known as the Greater Catskills Flood Remediation Program; and

WHEREAS, the conditions of the grant program require that acquired

property be restricted to, dedicated to, and maintained in perpetuity for use that is

compatible with open space, recreation, flood mitigation and/or wetlands

management; and

WHEREAS, the Napanoch Fire District has requested that the County convey

the subject property to it; and

WHEREAS, Section 72-h of New York State’s General Municipal Law

permits the Legislature of the County of Ulster to transfer the property described

herein to another municipality, either without consideration or for such consideration

and upon such terms and conditions as shall be approved by the Ulster County

Legislature and the Napanoch Fire District; and

WHEREAS, the Napanoch Fire District adopted a resolution dated April 8,

2015, authorizing the Napanoch Fire District to accept the above referenced property

from the County; and

W

WHEREAS, Resolution No. 178, dated July 20, 2010, amended the project

description for the Greater Catskills Floodplain Remediation Program to include the

transfer of acquired properties to third parties and requiring that third-party

purchasers be subject to the same restrictions upon use of the properties as are

imposed by the program upon the County; and

WHEREAS, Resolution No. 178 also adopted an amended negative

declaration that provides notice of the determination by the County that the project,

as amended to include the transfer of property to third parties, is an unlisted action

and has no significant impact on the environment; and

WHEREAS, in accordance with both the provisions of the State

Environmental Quality Review Act, 6 NYCRR Part 627 (SEQRA), and the County

of Ulster’s SEQRA Type II List, adopted by Resolution No. 119 on April 20, 2010,

the Ulster County Legislature has examined the proposed conveyance and

determined it to be an unlisted action with no significant impact on the environment;

now, therefore, be it

RESOLVED, that the Ulster County Legislature hereby finds and determines

that the property described in the proposed annexed description and which is

intended to be conveyed herein is surplus property and appropriate for conveyance to

the Napanoch Fire District; and, be it further

RESOLVED, that such property shall be conveyed to the Napanoch Fire

District without consideration and with the following terms and conditions included

in the deed: that the property be restricted to, dedicated to, and maintained in

perpetuity for use that is compatible with open space, recreation, flood mitigation

and/or wetlands management; and, be it further

RESOLVED, that the Napanoch Fire District shall not name the subject

property after any political figure, in light of the State funding used by the County to

acquire the property from its former owners; and, be it further

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

on behalf of the County to execute the deed, and any agreements and/or documents

regarding this conveyance, in the form as filed with the Clerk of the Ulster County

Legislature or as modified by the County Attorney,

and move its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 23 NOES: 0

Passed Committee: Public Works and Capital Projects on June 4, 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 16th Day of June 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 18th Day of June 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

18th Day of June, 2015. 25

th Day of June, 2015.

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

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

Ulster County Legislature