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 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 (hereinafter the “County”) has established

Capital Project No. 336 for the acquisition of right-of-way interests at South Putt

Corners Road in the Town of New Paltz, County of Ulster, State of New York for the

South Putt Corners Road Pavement Project, PIN 8759.90, (hereinafter the “Project”);

and

 WHEREAS, the project engineer has identified the specific parcels of real

property over which the County needs to acquire real property interests, such as

temporary easements, permanent easements, and fee, as follows in order to

accomplish this Project:

 NAME PROPERTY INTEREST

A) Deep & Usla Kaul Permanent Easement

B) New Paltz Central School District Permanent Easement

C) New Paltz Central School District Temporary Easement

D) Frank & Margaret Seelmann Permanent Easement

E) Renewable Ene

 WHEREAS, the County pursuant to New York’s Eminent Domain Procedure

Law §206(D) was exempt from the hearing requirement because “the acquisition is

de minimis in nature so that the public interest will not be prejudiced by the

construction of the project” (N.Y. Eminent Domain Procedure Law §206(D)); and

 WHEREAS, owners of lands associated with those real property interests have

been contacted, are aware of the Project, and are amenable to conveying to the

County a de minimis real property interest for just compensation in accordance with

real estate appraisals to allow for the Project; and

 WHEREAS, the County has negotiated with the owners of these parcels for

the acquisition of de minimis real property interests over the parcels; and

 WHEREAS, the owners of these parcels are willing to convey the de minimis

real property interests to the County, and the total costs of the acquisitions, as

established in Resolution No. 433 on November 17, 2015, of $176,260.00 made

available to cover the cost of participation in the right-of-way acquisition work for

the Project; now, therefore be it

RESOLVED, the real property acquisitions in conjunction with the South Putt

Corners Road Pavement Project (PIN 8759.90) constitute a Type II action under

section 4.5.3 of the County of Ulster’s State Environmental Quality Review Act

(hereinafter “SEQRA”) Type II List that was adopted in Resolution No. 118 on April

20, 2010; and, be it further,

RESOLVED, that the Ulster County Commissioner of Finance is authorized

to make payments associated with the right-of-way acquisitions; and, be it further,

 RESOLVED, the Ulster County Legislature hereby authorizes the Chairman

of the Ulster County Legislature to execute, on behalf of the County of Ulster, any

and all documents related to the right-of-way acquisitions as approved by the County

Attorney,

and moves its adoption. 

ADOPTED BY THE FOLLOWING VOTE:

AYES: 20 NOES: 0

(Absent: Legislators Fabiano, R. Parete and

Roberts)

Passed Committee: Public Works and Capital Projects as amended on July 7, 2016

Passed Committee: Ways and Means on July 12, 2016

FINANCIAL IMPACT:

$176,260.00 – BUDGETED CAPITAL PROJECT NO. 336 APPROPRIATIONS

$141,008.00 – REIMBURSABLE FROM FEDERAL FUNDS

$ 35,252.00 – REIMBURSABLE FROM STATE FUNDS

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 19th Day of July 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 20th Day of July 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

21st Day of July, 2016. 22nd Day of July, 2016.

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

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

Ulster County Legislature