Referred to: The Law Enforcement and Public Safety Committee (Chairman Briggs

and Legislators Fabiano, Lapp, Maio, and Rodriguez), 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 Law Enforcement and Public Safety Committee, Thomas J. Briggs,

and Deputy Chairman Ronald G. Lapp Jr. offer the following:

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

behalf of the Department of Emergency Communications/Emergency Management;

and

 WHEREAS, the Director of Emergency Communications/Emergency

Management has been notified by the New York State Division of Homeland

Security and Emergency Services (NYS DHSES) that the Federal Emergency

Management Agency (FEMA) has authorized additional funding through a program

to purchase and remediate flooded homes damaged during Hurricane Irene and

Tropical Storm Lee; and

 WHEREAS, Capital Project No. 406 – Flood Buyouts Irene/Lee was

established pursuant to Resolution No. 98 dated March 18, 2014; and

 WHEREAS, the Federal Emergency Management Agency has approved an

additional $150,917.00 to cover additional costs associated with the Benefit to Cost

Buyout Program (total funding of $762,329.00); and

WHEREAS, the Federal Emergency Management Agency funding of

$5,947,154.00 for the Substantially Damaged homes has not changed; and

WHEREAS, the Federal Emergency Management Agency agrees to pay 75%

(seventy-five per cent) of the cost of the program including purchasing the homes,

remediating the land and all reasonable associated costs, and dedicating the

properties in perpetuity for open space, recreational, wetlands or flood mitigation

purposes; and

 WHEREAS, New York State has agreed to fund the remaining 25% (twentyfive per cent) non-federal share of this program for all full-time, owner-occupied

residences; and 

 WHEREAS, in instances where the property owner is not a full time resident,

said 25% will be covered by either the City of New York, or the property owner; and

 WHEREAS, all funding will pass through the New York State Division of

Homeland Security and Emergency Services through its Office of Emergency

Management, now, therefore, be it

 RESOLVED, that Capital Project No. 406 – Flood Buyouts Irene/Lee Benefit

to Cost is hereby amended as follows:

 INCREASE AMOUNT

HH.6997.0406-2300.2555 Other Equipment & Capital Outlays $150,917.00

(App. #) Land Acquisition

HH.6997.0406-3500.5710 Serial Bond Revenue $150,917.00

(Rev. #)

 RESOLVED, that the Capital Project will be carried out under the program

guidelines set forth in the “Project Description and Additional Information for the

SEQRA Long Environmental Assessment Form” that will be submitted to the Ulster

County Legislature, and be it further

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

authorized to execute the agreement with the New York State Office of Emergency

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

as modified with the approval of the County Attorney in consultation with the

Chairman of the Legislature and the Chairman and Deputy Chairman of the Law

Enforcement and Public Safety Committee; and be it further

 RESOLVED, if funding for this program is eliminated, the program will be

eliminated as well,

and moves its adoption. 

ADOPTED BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Briggs)

Passed Committee: Law Enforcement and Public Safety on November 7, 2016

Passed Committee: Public Works and Capital Projects on November 10, 2016

Passed Committee: Ways and Means on November 15, 2016

FINANCIAL IMPACT:

$150,917.00 – COUNTY DOLLARS - SERIAL BONDS

$150.917.00 –ADDITIONAL STATE (25%) AND FEDERAL (75%) REVENUE

DOLLARS

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 22nd Day of November 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 23rd Day of

November 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 November, 2016. 30th Day of November, 2016.

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

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

Ulster County Legislature