Referred to: 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 Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran; and Chairman of the Ways and Means

Committee, Richard A. Gerentine, and Deputy Chairman Thomas J. Briggs offer the

following:

WHEREAS, the Ulster County Family Court (hereinafter “Family Court”) is

currently occupying leased space located at 16 Lucas Avenue, City of Kingston,

County of Ulster, State of New York, and designated as SBL No.: 48.330-4-27; and

WHEREAS, the County of Ulster (hereinafter the “County”) desires to remain

in compliance with any and all applicable laws, rules, and regulations, including but

not limited to Part 34 – Guidelines for New York State Court Facilities – Rules of the

Chief Judge, and New York State’s Judiciary Law §39(3)(a), to wit: the County

being in compliance with its obligation to provide suitable and sufficient court

facilities; and

WHEREAS, the Ways and Means Committee of the County’s Legislature

formed the Family Court Renovation Cost Subcommittee to examine options; and

WHEREAS, the County hired a consultant, C&S Architects, Engineers, and

Landscape Architect, PLLC (hereinafter the “Consultant”), to conduct a Facility

Location Study regarding the Family Court that provided several options available to

the County for housing Family Court and included conceptual cost estimates that

suggested that the Business Resource Center (hereinafter the “BRC”) located at 1

Development Court, Town of Ulster, County of Ulster, State of New York, and

designated as SBL No.: 48.66-1-6, BRC may be the best option for housing the

Family Court; and

WHEREAS, a joint meeting of the Ways and Means and Public Works

Committees was held on March 30, 2016 at which a more detailed study to determine

the feasibility and costs for locating the Family Court at the BRC was requested; and

WHEREAS, the County engaged the Firm of Alfandre Architecture to provide

a program of space, conceptual floor plans, and an estimate of costs for locating the

Family Court at the BRC; and

WHEREAS, the Firm working with the New York State Office of Court

Administration (hereinafter the “OCA”) developed a conceptual plan and cost

estimate for locating Family Court at the BRC that concludes the building is highly

suitable for use by Family Court and offers the County the most economically

feasible option for meeting the needs of the Court; and

WHEREAS, in a letter provided to the County the OCA has stated “the BRC

in our view is uniquely suited to be developed into a first rate Family Court facility

that complies with the Chief Judge’s facility guidelines….” The letter further sets out

the advantages of the BRC including, no disruption to the Court during construction,

ample parking, expedited completion and co-location with Social Services; and

WHEREAS, pursuant to New York State’s County Law §216, no courthouse

now or hereafter located in a city shall be removed beyond the limits of such city

without the approval of a proposition therefor by the affirmative vote of a majority of

the qualified electors of the County voting thereon at a general or special election;

now therefore, be it

RESOLVED, that the Ulster County Legislature hereby determines that a

proposition for the approval of the removal of the Family Court, now situated in the

City of Kingston, to the BRC in Town of Ulster shall be put before the qualified

electors of the County at the November 8, 2016 general election; and, be it further

RESOLVED, that this action constitutes a Type II action under 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, be it further

RESOLVED, that as per section 3 of the County’s Type II List, these actions

do not pose a significant potential environmental impact and may be progressed as

Type II actions in accordance with 6 NYCRR Part 617 of SEQRA; and, be it further

RESOLVED, that pursuant to New York State’s County Law §216, the Clerk

of the Ulster County Legislature shall cause a notice of such election to be published

in the official newspapers once a week for six (6) weeks previous to the November 8,

2016 General Election; and shall on or before the first day of publication cause such

notice to be posted upon the bulletin board at the office of each city and town clerk in

the County of Ulster, such notice to contain information as set forth under New York

State’s County Law §216; and, be it further

 RESOLVED, that the Clerk of the Ulster County Legislature shall carry out

any and all other conditions pursuant to New York State’s County Law §216,

and moves it adoption

ADOPTED BY THE FOLLOWING VOTE:

AYES: 18 NOES: 4

(Noes: Legislators Berky, Donaldson, Greene, and

J. Parete)

(Absent: Legislator Maio)

Passed Committee: Public Works and Capital Projects on June 9, 2016

Passed Committee: Ways and Means on June 9, 2016

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 21st Day of June 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 22nd Day of June

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

23rd Day of June, 2016. 27th Day of June, 2016.

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

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

Ulster County Legislature