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

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, 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 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, a Project for the Hudson Valley Rail Trail West: Phase 4, PIN

8761.21 in the Town of Lloyd (the “Project”) is eligible for funding under Title 23

U.S. Code, as amended, that calls for the apportionment of the costs of such project

to be borne at the ratio of 80% federal funds and 20% non-federal funds; and

WHEREAS, Capital Project No. 451 was established pursuant to Resolution

No. 139 of 2015 to provide authorization and funding for engineering and right-ofway incidentals work for the Project in the amount of $175,000.00; and

WHEREAS, Capital Project No. 451 was amended pursuant to Resolution No.

238 of 2016 to provide authorization and funding for right-of-way acquisition for the

Project in the amount of $84,835.00; and

WHEREAS, the Ulster County Legislature approved and agreed to advance

the Project by committing 100% of the federal and non-federal shares of the cost of

engineering, right-of-way incidentals work and right-of-way acquisition in the first

instance; and

WHEREAS, Capital Project No. 451 was amended pursuant to Resolution No.

466 of 2016 authorizing and funding additional expenses for engineering and rightof-way

WHEREAS, Capital Project No. 451 was amended pursuant to Resolution No.

52 of 2017 authorizing and funding additional right-of-way acquisition funds in the

amount of $36,715.00 and authorizing 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

WHEREAS, the Ulster County Legislature adopted Resolution No. 45 of 2016

pursuant to 6 NYCRR Part 617 et seq. of the Regulations of Article 8 of the

Environmental Conservation Law of New York State (hereinafter “SEQRA”) thereby

adopting and issuing a determination of non-significance under SEQRA (hereinafter

the “Negative Declaration”); and

WHEREAS, Ulster County desires to advance the Project by making a

commitment of 100% of the federal and non-federal share of the costs of construction

and construction inspection work for the Project; now, therefore, be it

RESOLVED, the Ulster County Legislature herby approves the further

progress of the above-subject Project for the construction and construction inspection

phase; and, be it further

RESOLVED, that the Ulster County Legislature hereby authorizes Ulster

County to pay in the first instance 100% of the federal and non-federal share of the

cost of construction and construction inspection work for the Project or portions

thereof; and be it further

RESOLVED, that the sum of $1,734,069.00 is hereby appropriated and made

available from Capital Project No. 451 to cover the cost of participation in the

construction and construction inspection phase of the Project; and be it further

RESOLVED, that in the event the full federal and non-federal share costs of

the Project exceeds the amount appropriated above, the Ulster County Legislature

shall convene as soon as possible to appropriate said excess amount immediately

upon the notification by the Ulster County Executive thereof; and be it further

RESOLVED, that the Chairman of the Ulster County Legislature be and is

hereby authorized to execute all necessary Agreements, certifications and

reimbursement requests for federal aid on behalf of Ulster County with the New

York State Department of Transportation (“NYSDOT”) in connection with the

advancement or approval of the Project and providing for the administration of the

Project and the County’s first instance funding of Project costs and permanent

funding of the local share of federal aid eligible Project costs and all Project costs

within appropriations therefore that are not so eligible; and be it further

RESOLVED, that in addition to the Chairman of the Ulster County

Legislature, the following municipal titles-- Director of Purchasing, Director of

Planning, and Deputy Director of Planning—are also herby authorized to execute any

Agreements, certifications and reimbursement requests on behalf of the County with

NYSDOT in connection with the advancement or approval of the Project identified in

the Fede

and be it further

RESOLVED, this Resolution shall take effect immediately,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

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

on August 1, 2017

Passed Committee: Public Works and Capital Projects on August 3, 2017

Passed Committee: Ways and Means on August 8, 2017

FINANCIAL IMPACT:

$1,734,069.00 – CAPITAL PROJECT NO. 451 APPROPRIATIONS –

80% REIMBURSABLE

($1,387,255.00- BUDGETED FEDERAL REVENUE DOLLARS,

$346,814.00 COUNTY SHARE)

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