Referred to: The Legislative Programs, Education and Community Services

Committee (Chairman Wawro and Legislators Berky, Delaune, Donaldson and

Lopez), The Public Works and Capital Projects Committee (Chairman Fabiano and

Legislators Greene, Litts, Loughran, and Maloney), and The Ways and Means

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

Maio, and Maloney)

Chairman of the Legislative Programs, Education and Community Services

Committee, Mary Wawro, and Deputy Chairman David B. Donaldson offer the

following:

WHEREAS, this Resolution has been submitted by the County Executive on

behalf of Ulster County Community College; and

WHEREAS, Ulster County Community College (hereinafter “UCCC”) is in

need of an extra water supply at its campus located on Cottekill Road in the Town of

Marbletown; and

WHEREAS, UCCC will need to purchase water from the High Falls Water

District; and

WHEREAS, the High Falls Water District is willing to sell water to UCCC;

and

WHEREAS, in order to supply water to UCCC, an out of district user, the

High Falls Water District must first obtain permission for such sale from the New

York City Water Board (hereinafter the “Water Board”); and

WHEREAS, on May 6, 2014, the Town Board of the Town of Marbletown, as

a Commissioner of the Board of Water Commissioners of the High Falls Water

District, authorized the Supervisor of the Town of Marbletown, jointly with the

Supervisor of the Town of Rosendale, to request the Water Board’s permission to sell

water outside of the High Falls Water District to UCCC at the same rates utilized for

in-district users; and 

WHEREAS, on May 14, 2014, the Town Board of the Town of Rosendale, as

a Commissioner of the Board of Water Commissioners of the High Falls Water

District, authorized the Supervisor of the Town of Rosendale, jointly with the

Super

WHEREAS, Vivekananda, by an Attorney General’s correspondence dated

September 16, 2015, was informed that Vivekananda does not require approval by

the Attorney General for the easement by Vivekananda to the County of Ulster

(hereinafter the “County”); and

WHEREAS, on September 23, 2015 the Board of Directors of Vivekananda

adopted a resolution authorizing Vivekananda to grant an easement for a water line to

the County; and

WHEREAS, on December 5, 2015, the Board of Directors of Vivekananda

adopted another resolution authorizing Vivekananda to grant an easement for a water

line to the County for Five Thousand Six Hundred Sixty Eight 00/100 Dollars

($5,668.00), said value being established in the appraisal report of June 24, 2014 by

Postupack Valuation, Inc.; and

WHEREAS, the County, as UCCC’s local sponsor, shall have any real

property interest vest in and be held by the County in trust for the uses and purposes

of UCCC; and

WHEREAS, the easement for the water line from Vivekananda is a real

property interest which shall vest in and be held by the County in trust for UCCC’s

uses and purposes; and

WHEREAS, the Ulster County Legislature as lead agency under NYCRR Part

617 of the State Environmental Quality Review Act (SEQRA) has determined that

the project is an unlisted action; and

WHEREAS, the Ulster County Legislature as lead agency has conducted a

coordinated review, issued and adopted a negative declaration, and as such, has

determined that the Project will not have a significant effect on the environment; now

therefore, be it

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

authorized to execute an easement agreement with Vivekananda, for the purposes of

installing and operating a water line on Vivekananda’s real property situated in the

Town of Marbletown for the benefit of UCCC, in accordance with an easement

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

modified with the approval of the County Attorney; and, be it further

RESOLVED, that the Ulster County Commissioner of Finance is hereby

authorized to tender payment in the amount of Five Thousand Six Hundred Sixty

Eight 00/100 Dollars ($5,668.00) to Vivekananda Retreat, Ridgely, a domestic notfor-profit corporation for the easement, upon the approval of the County Attorney,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Lopez left at 7:19 PM)

Passed Committee: Public Works and Capital Projects on March 3, 2016

Passed Committee: Ways and Means on March 8, 2016

Passed Committee: Legislative Programs, Education and Community Services on

March 9, 2016

FINANCIAL IMPACT:

$5,668.00–BUDGETED APPROPRIATIONS – CAPITAL PROJECT NO. 469

$5,668.00–PREVIOUSLY AUTHORIZED COUNTY DOLLARS – SERIAL BOND 

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 March in the year Two Thousand and

Sixteen, 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 March

in the year Two Thousand and Sixteen.

|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 March, 2016. 23rd Day of March, 2016.

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

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

Ulster County Legislature