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, the 2017-2022 Ulster County Capital Improvement Program

included $1,650,000 in funding for the Ulster County Midtown Linear Park project;

and

WHEREAS, the Ulster County Midtown Linear Park project to design and

construct a shared-use trail from the east side of Cornell Street to Westbrook Lane in

the City of Kingston along the Ulster & Delaware Railroad Corridor in the City of

Kingston (the “Project”), PIN 8761.82, 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 ration of 80% federal funds and 20% non-federal funds; and

WHEREAS, Ulster County was awarded competitive federal Transportation

Alternatives Project (“TAP”) funding for 80% of the costs of the Project and has

received a Federal-Aid Local Project Agreement for funding reimbursement for

engineering and right-of-way incidental work for the Project; and

WHEREAS, Ulster County desires to advance the Project by authorizing

engineering and right-of-way incidental work totaling $165,000 ($132,000 Federal

funds and $33,000 County funds) and by making a commitment of 100% of the nonfederal share of the costs of engineering and right-of-way incidental work for the

Project or portions thereof; and 

WHEREAS, the Ulster County Legislature is desirous of establishing itself as

Lead Agency for review of the construction of the Project, which constitutes an

Unlisted Action, and conducting a coordinated review of the construction of the

Project as provided for under SEQRA; now, therefore, be it

RESOLVED, that establishing Capital Project No. 479 for the Ulster County

Midtown Linear Park and providing funding for only the engineering and right-ofway incidental work constitutes a Type II action under NYCRR Part

617.5(c)(18),(21) (SEQRA), and this action has been determined not to have a

significant impact on the environment; and, be it further

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3) of the Regulations

pertaining to Article 8 of the Environmental Conservation Law of New York State

(SEQRA), the Ulster County Legislature hereby declares its intent to serve as Lead

Agency for construction of the above recited Project and has determined, after review

of the criteria contained in 6 NYCRR Parts 617.4 (b) and 617.5(b), that the Project is

an Unlisted Action; and, be it further

RESOLVED, that the Ulster County Legislature will conduct a coordinated

review and circulate its Notice of Intent to serve as Lead Agency, together with the

EAF and accompanying documentation, to all interested and involved agencies

pursuant to 6 NYCRR Part 617.6(b) (2) (i) and 6 NYCRR Part 617.6(b) (3); and, be

it further

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3), at the conclusion

of an otherwise unchallenged thirty (30) day period following the date of transmittal

of the Notice of Intent, the EAF and documentation aforesaid to the interested

agencies, the Legislature shall become the Lead Agency under SEQRA for the

Project; 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 engineering and right-of-way incidental work for the Project; and, be it further 

RESOLVED, that that the sum of $165,000.00 ($132,000.00 Federal funds

and $33,000 County funds) is hereby appropriated and made available to cover the

cost of the engineering and right-of-way incidental phase of the Project; and, be it

further

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

the Project exceed the amount appropriate above, the Ulster County legislature shall

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

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, certification 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 hereby authorized to execute

any Agreements, certifications and reimbursement requests of behalf of the County

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

identified in the Federal-Aid Local Project Agreement; and, be it further

RESOLVED, that a certified copy of this Resolution will be filed with the

New York State Commissioner of Transportation by attaching it to any necessary

Agreement in connection with the Project; and, be it further

RESOLVED, that Capital Project 479 – Ulster County Midtown Linear Parkis hereby established as follows: 

CREATE AMOUNT

Capital Project 479 Ulster County Midtown Linear

Park

$165,000

and be it further;

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

amended as follows:

 INCREASE AMOUNT

HH.7197.0479.4300.4355 Engineering $165,000

(App.#)

HH.7197.0479.3500.5710 Serial Bonds $165,000

(Rev.#)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Bartels)

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

on December 5, 2017

Passed Committee: Public Works and Capital Projects on December 13, 2017

Passed Committee: Ways and Means on December 19, 2017

FINANCIAL IMPACT:

$165,000.00 - CAPITAL PROJECT NO. 479 APPROPRIATIONS80% REIMBURSABLE ($132,000 BUDGETED FEDERAL

REVENUE DOLLARS, $33,000 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 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