Referred to: The Energy and Environment Committee (Chairman Loughran and

Legislators Richard Parete, Rodriguez, Ronk, and Wawro), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Belfiglio, Briggs, Gregorius,

Maio, Maloney, and Richard 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 Finance; and

WHEREAS, the Commissioner of Finance has requested permission to accept

an offer from the New York State Department of Environmental Conservation

(hereinafter referred to as the “DEC”) to purchase a parcel of county-owned real

property as hereinafter described, which was acquired by the County by reason of

non-payment of taxes on April 14, 2004, and offered at both the April 22, 2004 and

April 12, 2005 Public Auctions; and

WHEREAS, the DEC has offered to purchase the approximately 123.8 acre

site, located in the Town of Lloyd, County of Ulster, State of New York, and

identified as SBL No.: 79.2-2-1 (hereinafter referred to as the “Parcel”) for the sum

of one hundred seventy-eight thousand five hundred and 00/100 dollars

($178,500.00) from the County; and

WHEREAS, the Parcel has unpaid taxes in the amount of $178,934.65 dating

back to the year 1996; and

WHEREAS, the Parcel is centrally located within, and is a key piece of the

Plutarch/Black Creek Wetland Complex (hereinafter the “Complex”); and

WHEREAS, said Complex has been identified in the 2002 New York State

Open Space Conservation Plan, and its subsequent editions, as a high priority open

space acquisition area; and

WHEREAS, the County has a history of demonstrating its support and

commitment to open space preservation; and

WHEREAS, the County recognizes that it is in the best interest of the public

that the property be preserved in its entirety for reasons of preservation and

recreation; and 

WHEREAS, the County by adopting Resolution No. 362 of 2006 has

recognized the Parcel’s importance as a resource and an asset for public recreation

worthy of protection, and that the Parcel’s preservation in its entirety would be in the

best interest of the public; and

WHEREAS, the County recognizes the Parcel’s unique value, and encourages

the sale of the Parcel to the DEC for “Just Compensation” in the amount of

$178,500.00; and

WHEREAS, the County, a municipal entity, can convey the parcel to the

DEC, a department of the State of New York, pursuant to New York’s General

Municipal Law §72-h; and

WHEREAS, the Ulster County Legislature has determined that the Parcel is a

surplus property that is not needed by the County for county purposes; and

WHEREAS, this conveyance constitutes a Type II action under section 4.1.5 of the

County of Ulster’s State Environmental Quality Review Act (SEQRA) Type II List

that was adopted in Resolution No. 118 on April 20, 2010; and

WHEREAS, as per section 3 of the County’s Type II List, this action does not

pose a significant potential environmental impact and may be progressed as a Type II

action in accordance with 6 NYCRR Part 617 of SEQRA; now, therefore, be it

RESOLVED, that the Ulster County Commissioner of Finance is authorized

to accept the DEC’s offer to purchase the Parcel for $178,500.00; and, be it further

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

and directed to make, execute and deliver to the DEC any and all documents required

to transfer the Parcel from the County to the DEC, including but not limited to, a

quitclaim deed conveying the interest of the County in said parcel, which quitclaim

deed shall contain the covenant that the said County of Ulster shall in no event be or

become liable for any defects in title conveyed for any cause whatsoever, and that no

claim or demand of any nature shall ever be made against the County of Ulster

arising from such sale, conveyance or the proceedings leading thereto; and a Land

Purchase Agreement; said any and all documents to be reviewed and approved by the

Ulster County Attorney,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Briggs left at 7:46 PM)

Passed Committee: Ways and Means on August 12, 2015

Postponed in Energy and Environment Committee on August 12, 2015

Passed Committee: Energy and Environment on September 3, 2015

FINANCIAL IMPACT:

TOTAL UNPAID TAXES: $178,934.65

TOTAL ACCEPTED BIDS: $178,500.00

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 September 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 17th Day of

September 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

17th Day of September, 2015. 24

th Day of September, 2015.

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

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

Ulster County Legislature