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

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

and Rodriguez)

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

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

following:

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

behalf of the Department of Planning; and

WHEREAS, the County of Ulster is the owner of 38.6 miles of the Ulster &

Delaware Railroad Corridor (“U&D Corridor) running from the City of Kingston to

Highmount in the Town of Shandaken, including approximately 11.6 miles of

easement for railroad purposes (“Railroad Easement”) through lands adjacent to the

Ashokan Reservoir owned by the City of New York (“Watershed Property”) and

managed by the New York City Department of Environmental Protection (“DEP”);

and

WHEREAS, in December 2013, the Ulster County Executive and DEP

announced an historic Agreement in Principle to facilitate and provide significant

funding support for the conversion of the Railroad Easement along the Watershed

Property into a public, multi-use recreational trail (“Ashokan Rail Trail”) in order to

provide economic development to Ulster County and Route 28 businesses, expand

recreational opportunities for local residents and visitors, improve public health and

quality of life, and further develop Ulster County’s rail trail network into a worldclass tourism destination; and

WHEREAS, the Ashokan Rail Trail along Watershed Property will open the

northern shore of the Ashokan Reservoir to the public, without permit or fee, for the

first time in more than a century and will ensure year-round public access for

walking, running, bicycling, cross country skiing, snowshoeing and other nonmotorized uses between Basin Road in West Hurley and Route 28A in Boiceville on

a recreational trail that is fully accessible for persons with disabilities and limited

mobility; and

WHEREAS, in May 2015, the Ulster County Legislature authorized the

County Executive and Chairman of the Legislature to execute an Agreement with the

City of New York to accept $2.5 million in grant fund for and facilitate the creation

of the Ashokan Rail Trail (“MOA”); and

WHEREAS, in December 2015, the Ulster County Legislature adopted a

compromise rail and trail policy for the U&D Corridor that delineated the segment

along the Watershed Lands for conversion into a public recreational trail and also

established and funded Capital Project No. 459—the Ashokan Rail Trail—for

engineering design; and

WHEREAS, under the MOA, the County would construct and operate the

Ashokan Rail Trail under a Land-Use Permit and eventually, a Modified Ashokan

Railroad Easement, but based on concerns expressed by the Ulster County

Legislature and others about the protection of the County’s perpetual Railroad

Easement, the DEP and County have agreed instead to establish a new, separate

permane

RESOLVED, that the Ulster County Legislature based on the review of the

Environmental Record, the Ashokan Trail Easement itself, and the requirements

under 6 NYCRR Part 617 determines that approval of the Ashokan Trail Easement is

a discrete action that can be considered separate and apart from any trail construction

and that as such a segmented review is warranted and will be no less protective of the

environment nor will it commit the Legislature to any future course of action; and, be

it further

RESOLVED, that the Ulster County Legislature based on the review of the

Environmental Record finds that the Ashokan Trail Easement constitutes an unlisted

action and its approval will not have an adverse impact on the environment and

hereby authorizes the issuance of a negative declaration as provided in 6NYCRR

617.7; and, be it further

RESOLVED, the Chairman of the Ulster County Legislature is hereby

authorized to execute the Ashokan Trail Easement with the City of New York in the

form as filed with the Clerk of the Ulster County Legislature; and, be it further

RESOLVED, all notices, requests and/or approvals required by the Ashokan

Trail Easement that are sent by, or delivered to the Ulster County Executive and/or

the Ulster County Attorney pursuant to Section 21 of the Easement shall be

forwarded promptly to the Clerk of the Ulster County Legislature,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

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

with Paragraph 21 of the Deed of Easement amended to include notice to the

Legislature on August 1, 2017

FINANCIAL IMPACT:

NONE 

Legislator Greene motioned, seconded by Legislator Donaldson, to insert an

additional WHEREAS (placed as 6th WHEREAS) and RESOLVED (placed as 3rd

RESOLVED) to read as follows:

“WHEREAS, maximizing the public benefits of the Ulster County-owned

U&D Railroad Corridor includes the highest and best combination of rail and trail;

and

RESOLVED, that the final design of the Ashokan Rail Trail include leaving

the existing railroad tracks operable within the U&D Corridor from MP 10 to MP

11.1, and be it further”

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 5 NOES: 18

(AYES: Legislators Donaldson, Greene, J. Parete,

R. Parete, and Wawro)

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 August 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 August

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 August, 2017. 21st Day of August, 2017.

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

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

Ulster County Legislature