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)

Legislators Thomas J. Briggs and James F. Maloney offer the following:

WHEREAS, it is the policy of the State of New York to promote the

economic welfare and prosperity of its inhabitants and to actively promote, attract,

encourage and develop economically sound commerce and industry; and

WHEREAS, the County of Ulster has the responsibility and burden to

promote the health, safety and general welfare of the residents of the County by,

among other things, preventing unemployment and economic deterioration,

increasing and maintaining employment opportunities, and attracting and sustaining

economically sound commerce; and

WHEREAS, the County of Ulster owns the following property (the

“Property”): 25 South Manor Avenue, Kingston, New York (SBL #’s: 48.82-1-34;

48.82-1-26.2 and 48.318-9-8); and

WHEREAS, the County Legislature has examined the Property and

determined that the County no longer needs the Property now or in the future for the

operation of the County; and

WHEREAS, Section 1411 of the Not-For-Profit Corporation Law of the State

of New York (the “LDC Act”) authorizes the establishment of not-for-profit local

development corporations operated exclusively for the charitable or public purposes

of relieving and 

WHEREAS, the LDC Act further authorizes the legislative body of a county, by

resolution, to determine that certain real property of the County not required for use

by the County may be sold or leased to a not-for-profit local development

corporation for purposes that include lessening the burdens of government and acting

in the public interest; and

WHEREAS, Section 1411(d) of the LDC Act further provides that the sale or

lease may be on such terms as may be agreed upon by the County and a local

development corporation, without appraisal or public bidding; and

WHEREAS, in furtherance of the public purposes set forth above, the County

Legislature proposes to transfer its interest in certain portions of the land, buildings,

equipment and assets of the Property to the Ulster County Economic Development

Alliance, Inc., formed pursuant to Section 1411(a) of the LDC Act (hereinafter the

“Corporation”), subject to the County’s reserved leasehold interest in the Property

(the “Disposition”); and

WHEREAS, the County shall require that the net proceeds of the Disposition

and of any eventual sale to a third party are paid to the County; and

WHEREAS, to accomplish the purposes and powers as set forth within the

LDC Act and the purposes and powers of the Corporation, including relieving the

burdens of the County and the undertaking of the Disposition, the County desires to

task the Corporation with such burdens and responsibilities; and

WHEREAS, pursuant to and in accordance with Section 1411(d) of the LDC

Act, a public hearing relating to the Disposition was duly scheduled, noticed and

conducted by the Ulster County Legislature on July 21, 2015, prior to the adoption of

this resolution; now, therefore, be it

RESOLVED, the Ulster County Legislature hereby authorizes the following:

1. Pursuant to Section 1411(d) (1) of the LDC Act and upon due consideration of

the presentations and comments received during the public hearing, the County

Legislature hereby determines that title to the Property is not required for use by the

County; and

2. Pursuant to Section 1411(d) of the LDC Act, the County of Ulster hereby

authorizes the undertaking of the Disposition, including transfer of title and/or a

leasehold of up to ninety-nine years, to the Property together with any necessary

fixtures attached to or contained therein, to the Corporation pursuant to a deed to be

approved by the County Attorney (the “Deed”); and

3. The County shall transfer title to the Corporation in fee unless in the event the

County shall need the Property for a limited period of time pending relocation of

operations, then the County may transfer a title and/or a leasehold; and

4. The Chairman of the Ulster County Legislature and/or the County Executive,

as may be set forth in the Ulster County Charter and Administrative Code and/or as

may be required otherwise, are hereby authorized to execute any and all documents

related to the Disposition, including the Deed and/or any lease agreement(s), subject

to approval by the County Attorney, along with any other agreements, forms,

certificates or applications necessary to effectuate the foregoing; and, be it further

RESOLVED, that the County has identified the Disposition as an “Unlisted

Action” as said term is defined pursuant to the State Environmental Quality Review

Act (SEQRA). The County’s review of the Disposition pursuant to SEQRA is

uncoordinated. Based upon the review by the County of an Environmental

Assessment Form (EAF) and related documents, the County hereby finds that (i) the

Disposition will result in no major impacts and, therefore, is one which may not

cause significant damage to the environment; (ii) the Disposition will not have a

“significant effect on the environment” as such quoted terms are defined in SEQRA;

and (iii) no “environmental impact statement” as such quoted term is defined in

SEQRA, need be prepared for this action. This determination constitutes a negative

declaration for purposes of SEQRA; and, be it further

RESOLVED, this resolution shall take effect immediately,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 19 NOES: 3

(Noes: Legislators Donaldson, J. Parete, and

R. Parete)

(Absent: Legislator Maio) 

Passed Committee: Public Works and Capital Projects on July 21, 2015

Passed Committee: Ways and Means on July 21, 2015

FINANCIAL IMPACT:

TBD

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 21st Day of July 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 23rd Day of July 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

23rd Day of July, 2015. 24th Day of July, 2015.

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

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

Ulster County Legislature