Referred to: The Economic Development, Tourism, Housing, Planning, and Transit

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, Maio,

and Rodriguez), and The Public Works and Capital Projects Committee (Chairman

Fabiano and Legislators Greene, Litts, Loughran, and Maloney)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, James F. Maloney, and Deputy Chairman Hector S. Rodriquez offer the

following:

WHEREAS, the County of Ulster (the “County”) is proposing to construct an

approximately 1.2 mile pedestrian and bicycle facility (“shared-use path”) in the

Town of Lloyd, Ulster County, New York, which is known as the Hudson Valley

Rail Trail West: Phase 4 (the “Project”); and

WHEREAS, the Project is a locally administered federal-aid project receiving

funds from United States Department of Transportation through the Transportation

Alternatives Program, which are administered by the New York State Department of

Transportation through PIN 8761.21; and

WHEREAS, the preferred alternative for the Project would require the County

to acquire real property interests from four (4) properties (“Acquisitions”); and

WHEREAS, County representatives have provided the property owners who

would be affected by the proposed public Project an opportunity to meet and discuss

the Project and have made and will continue to make every effort to minimize the

impact the Project will have on the owners and adjacent properties; and

WHEREAS, in accordance with Article 2 of the Eminent Domain Procedure

Law, a Public Hearing was held on June 21, 2016 at 7:00 p.m. at the Legislative

Chambers, 6th Floor, Ulster County Office Building, 244 Fair Street, Kingston, New

York, for the purpose of informing the public, reviewing the public use to be served

and public benefit to be obtained by the aforementioned proposed public Project, and

considering all other matters appropriate to that Project; and

WHEREAS, during the course of the aforementioned oral presentation phase

of the Public Hearing, all matters required by the Eminent Domain Procedure Law

and appropriate to such public hearing were identified and explained to persons then

in attendance, and such persons in attendance were given an opportunity to speak and

comment on the proposed public Project and to examine documents presented; and

WHEREAS, the Public Hearing was adjourned to the close of business on

July 1, 2016, to allow for submission of additional public comment, and no additional

comments were received; and

WHEREAS, the minutes of such Public Hearing were transcribed and made

available, together with the exhibits and other documents, for inspection and

examination by the public; now, therefore, be it

RESOLVED, that the Ulster County Legislature issues the following

Determination and Findings (“D&F”) with respect to the proposed Hudson Valley

Rail Trail West: Phase 4 Project (PIN 8761.21) Town of Lloyd, New York:

I. THE PUBLIC USE, BENEFIT, OR PURPOSE TO BE SERVED BY THE

PROPOSED PUBLIC PROJECT INCLUDES:

1. Provide and expand non-motorized transportation opportunities in the Town

of Lloyd for pedestrians and bicyclists

2. Expand recreational opportunities for local residents and visitors, including for

persons with disabilities and for those of all skill levels and age groups

3. Increase tourism and economic development in the Town of Lloyd and

surrounding region

4. Develop an interconnected rail trail system connecting Dutchess County and

the Walkway Over the Hudson to New Paltz and the Wallkill Valley Rail Trail and

other County rail trails

5. Improve the quality of life for local residents

II. THE APPROXIMATE LOCATION FOR THE PROPOSED PUBLIC

PROJECT AND THE REASONS FOR SELECTION OF THAT LOCATION:

The proposed public Project is located in the Town of Lloyd, Ulster County, and is

generally located along the abandoned Penn Central Railroad right of way and the

NYS Route 299 right of way between South Street (CR 22) on the west and New

Paltz Road (CR 12) on the east.

The alternative to “Construct Shared-Use Path along Railroad Corridor” (Alternative

3) is considered the “Preferred Alternative.” The alternatives considered for the

proposed public Project are as follows: 

Alternative 1: The Null Alternative proposes no action. This alternative does not

address any of the Project public purposes. The alternative was retained only as a

baseline for comparison to the preferred alternative.

Alternative 2: Construct Shared-Use Path along NYS Route 299 primarily utilizes

public right of way for the construction of the shared-use path. This alternative does

not maximize the use of the abandoned railroad and increases the exposure of the

path users to vehicular traffic along the highway. This alternative is feasible but not

preferred, and was therefore eliminated from consideration.

Alternative 3: Construct Shared-Use Path along Railroad Corridor would provide a

safe and enjoyable means for pedestrians and bicyclists to safely travel from South

Street to New Paltz Road, helping to connect the Town of New Paltz to the existing

Hudson Valley Rail Trail and Dutchess County. The majority of the path would be

constructed along the abandoned Penn Central Railroad Corridor. This alternative

best satisfies the project objectives and is considered the Preferred Alternative.

III. THE GENERAL EFFECT OF THE PROPOSED PUBLIC PROJECT ON

THE ENVIRONMENT AND RESIDENTS OF THE LOCALITY:

State Environmental Quality Review Act Classification: The Project is classified an

Unlisted Action per 6NYCRR Part 617, Subpart 4(b)(6) of Title 6 of the

Implementing Regulations of the Official Codes, Rules, and Regulations of New

York State (NYCRR). The County of Ulster was designated as lead agency for an

uncoordinated review. Pursuant to an Environmental Assessment Review and

Resolution No. 45 of 2016, the County Legislature issued a “Negative Declaration of

Environmental Significance” in accordance with SEQRA, and the Project is

identified as one that will not have a significant negative effect on the environment,

and as such, further environmental review under SEQR is not required.

National Environmental Policy Act (NEPA): The project is a C-list Categorical

Exclusion under NEPA. Pedestrian facility projects are actions listed under the C list

in 23 CFR 771.117 (c). The federal Environmental Approval Worksheet was

completed for the project. The NYSDOT/FHWA will act as the lead agency for

NEPA concurrence. NEPA Concurrence is pending however no adverse impacts are

anticipated. Trees will only be cleared during the October 31st to March 31st time

frame to minimize potential impact to the Indiana and Northern Long-eared bats.

In the event that other potential impacts are identified, they will be mitigated through

an approved plan.

The proposed Project has been designed to minimize environmental impacts to the

greatest extent possible and maximize positive impacts on the local community. The

proposed project will have no adverse effect on the residence of the locality, cultural

resources, or the environment.

and be it further,

RESOLVED, that pursuant to Section 204(C) of the Eminent Domain

Procedure Law, the County of Ulster shall cause a notice of a brief synopsis of the

Determination and Findings (“D&F”) to be served, personally or by certified mail,

return receipt requested, on each assessment record billing owner, and pursuant to

Section 204 (A) of the EDPL shall publish a brief synopsis of such D&F in at least

two successive issues of an official newspaper if there is one designated in the

locality where the project will be situated and in at least two successive issues of a

newspaper of general circulation in such locality,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Maio)

Passed Committee: Economic Development, Tourism, Housing, Planning, and

Transit as amended on August 2, 2016

Passed Committee: Public Works and Capital Projects on August 4, 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 16th Day of August 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 August

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 August, 2016. 19th Day of August, 2016.

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

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

Ulster County Legislature