Referred to: 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, by Resolution No. 21 dated and duly adopted on the date hereof,

the County Legislature of the County of Ulster, New York has established Capital

Project No. 480 for the roof replacement at Kingston Center at SUNY Ulster; and

WHEREAS, said capital project, as proposed, has been determined to be a

“Type II Action” pursuant to the regulations of the New York State Department of

Environmental Conservation promulgated pursuant to the State Environmental

Quality Review Act, which as such will not have a significant adverse impact on the

environment; and

WHEREAS, it is now desired to authorize the financing of such capital project;

now, therefore be it

RESOLVED, by the affirmative vote of not less than two-thirds of the total

voting strength of the County Legislature of the County of Ulster, New York, as

follows:

Section 1. The roof replacement at Kingston Center of Ulster County Community

College at SUNY Ulster, located at 94 Mary’s Avenue thereat, in and for the County of

Ulster, New York, including incidental improvements and expenses in connection

therewith, is hereby authorized at a maximum estimated cost of $130,000.00.

Section 2. It is hereby determined that the plan for the financing of the aforesaid

maximum estimated cost is by the issuance of $130,000.00 of serial bonds of the

County hereby authorized to be issued therefor pursuant to the provisions of the

Local Finance Law; provided, however, that to the extent that any Federal or State

grants-in-aid are received for such specific object or purpose, the ultimate amount of

bonds to be issued pursuant to this resolution shall be reduced dollar for dollar.

Section 3. It is hereby determined that the period of probable usefulness of the

aforesaid specific object or purpose is twenty-five years, pursuant to subdivision

12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. 

Section 4. The faith and credit of said County of Ulster, New York, are hereby

irrevocable pledged for the payment of the principal of and interest on such bonds as the

same respectively become due and payable. An annual appropriation shall be made in

each year sufficient to pay the principal of and interest on such bonds becoming due and

payable in such year. There shall annually be levied on all the taxable real property of

said County, a tax sufficient to pay the principal of and interest on such bonds as the

same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to

authorize the issuance of and to sell bond anticipation notes in anticipation of the

issuance and sale of the bonds herein authorized, including renewals of such notes, is

hereby delegated to the Commissioner of Finance, the chief fiscal officer. Such notes

shall be of such terms, form and contents, and shall be sold in such manner, as may be

prescribed by said Commissioner of Finance, consistent with the provisions of the

Local Finance Law.

Section 6. All other matters except as provided herein relating to the serial bonds

herein authorized including the date, denominations, maturities and interest payment

dates, within the limitations prescribed herein and the manner of execution of the same,

including the consolidation with other issues, and also the ability to issue serial bonds

with substantially level or declining annual debt service, shall be determined by the

Commissioner of Finance, the chief fiscal officer of such County. Such bonds shall

contain substantially the recital of validity clause provided for in Section 52.00 of the

Local Finance Law, and shall otherwise be in such form and contain such recitals, in

addition to those required by Section 51.00 of the Local Finance Law, as the

Commissioner of Finance shall determine consistent with the provisions of the Local

Finance Law.

Section 7. The validity of such bonds and bond anticipation notes may be contested

only if:

1) Such obligations are authorized for an object or purpose for which said

County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of

publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within

twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the

Constitution. 

Section 8. This resolution shall constitute a statement of official intent for purposes

of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no

monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,

or otherwise set aside with respect to the permanent funding of the object or purpose

described herein.

Section 9. This resolution, which takes effect immediately, shall be published in

summary form in the official newspaper(s) of such County, together with a notice of

the Clerk of the County Legislature in substantially the form provided in Section

81.00 of the Local Finance Law,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 18 NOES: 0

(1 Abstention: Legislator Lapp)

(Absent: Legislators Gerentine, Maio, Roberts and

 Ronk)

Passed Committee: Ways and Means on February 15, 2017

FINANCIAL IMPACT:

$130,000 – CAPITAL PROJECT NO. 480 APPROPRIATION DOLLARS

 (50% REIMBURSABLE FROM NYS DORMITORY AUTHORITY)

$130,000 – SERIAL BOND PROCEEDS 

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 February in the year Two Thousand and

Seventeen, 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

February in the year Two Thousand and Seventeen.

|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 February, 2017. 23rd Day of February, 2017.

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

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

Ulster County Legislature