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

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

and Rodriguez), and The Ways and Means Committee (Chairman Gerentine and

Legislators Allen, Bartels, Belfiglio, Briggs, Maio, and Maloney)

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

Transit Committee, Hector Rodriguez, and Legislator James Delaune offer the

following:

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

behalf of the Department of Planning; and

WHEREAS, the 2017-2022 Ulster County Capital Improvement Program

included $3,000,000 in funding for the Open Space and Recreation Fund project; and

WHEREAS, pursuant to the Ulster County Open Space Plan and the Ulster

County Agricultural and Farmland Protection Plan, the County is proposing to

partially fund the purchase of an agricultural conservation easement (the “Easement”)

to be held by the Wallkill Valley Land Trust, Inc. on approximately 32.02 acres of

active farmland owned by Robin and Sylvester Taliaferro located at 187 Plains Road

in the Town of New Paltz (the “Taliaferro Farm”); and

WHEREAS, the Taliaferro Farm primarily consists of productive agricultural

land, with approximately 17 acres of prime soils, and is located in Ulster County’s

Agricultural District #2, created pursuant to Article 25-AA of the New York State

Agriculture and Markets Law, and the Easement will protect the Taliaferro Farm

from residential and other development inconsistent with the preservation of farming

on the property; and

WHEREAS, a real estate appraisal by the Farm Credit East Appraisal Service,

which is on file with the Clerk of the Legislature, supports a purchase price for the

Easement of $387,000, and the proposed County share through the Open Space and

Recreation Fund for the Easement and a Third Party Right of Enforcement is

$129,000, one-third of the appraised cost of the Easement, which will be funded

equally by Ulster County, the Town of New Paltz, and The Scenic Hudson Land

Trust, Inc.; and 

WHEREAS, the proposed Easement is consistent with the Open Space Plan of

the Town of New Paltz, which on December 7, 2017 determined pursuant to the State

Environmental Quality Review Act (“SEQRA”) that the execution of the Easement

on the Farm was an unlisted action that would not have an adverse impact on the

environment; and

WHEREAS, the Easement is consistent with the Ulster County’s Open Space

Plan that was adopted pursuant to General Municipal Law Section 239-d. and which

includes a recommendation to support purchase of development rights programs at

the County and local level; and

WHEREAS, in addition to the Easement, the parties involved will enter into a

purchase agreement, which is on file with the Clerk of the Legislature; and

WHEREAS, the Ulster County Legislature has reviewed the Environmental

Record prepared for this action, including a negative declaration, and the draft

Conservation Easement as now on file with the Clerk of the Legislature; now,

therefore, be it

RESOLVED, that the Ulster County Legislature hereby determines that the

execution of the Easement on the Taliaferro Farm in the Town of New Paltz

constitutes an Unlisted Action pursuant to NYCRR Part 617.4 and 617.5; and be it

further

RESOLVED, that the Ulster County Legislature has examined the

Environmental Record, the Easement language, the County’s adopted Open Space

Plan, and other pertinent documents associated with the execution of the Easement

on file with the Clerk of the Legislature and finds that no significant adverse effect

on the environment will occur by the funding and execution of the Easement and that

in accordance with NYCRR Part 617.7(c) a Negative Declaration, a copy of which is

annexed to this Resolution and made part hereof, is hereby adopted; and, be it

further 

RESOLVED, that Capital Project No. 515 is hereby established as follows:

 CREATE AMOUNT

Capital Project No. 515 Open Space and Recreation Fund:

Taliaferro Farm Conservation

Easement

$129,000

and be it further;

RESOLVED, that the 2017 Ulster County Capital Fund Budget is hereby

amended as follows:

INCREASE AMOUNT

HH.7197.0515.4300.4430 Legal $129,000

(App. #)

HH.7197.0515.3500.5710 Serial Bonds $129,000

(Rev. #)

and be it further;

RESOLVED, that Chairman of the Ulster County Legislature is hereby

authorized to execute any and all documents related to the Conservation Easement, as

approved and modified by the County Attorney, and any amendments thereto,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 21 NOES: 0

(1 Abstention: Legislator Ronk)

(Absent: Legislator Bartels) 

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

on December 5, 2017

Passed Committee: Ways and Means on December 12, 2017

FINANCIAL IMPACT:

$129,000- ADDITIONAL CAPITAL FUND APPROPRIATIONS

$129,000 – SERIAL BONDS

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 19th Day of December 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 21st Day of

December 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

21st Day of December, 2017. 28th Day of December, 2017.

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

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

Ulster County Legislature