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 Ulster County Legislature adopted Resolution No. 139 of

2015 thereby establishing Capital Project No. 451 for the design and right-of-way

incidentals work for the Hudson Valley Rail Trail West: Phase 4 (PIN 8761.21) in

the Town of Lloyd, County of Ulster, State of New York (hereinafter the “Project”);

and

WHEREAS, the Ulster County Legislature adopted Resolution No. 141 of

2015 thereby authorizing an agreement between the County of Ulster (hereinafter the

“County”) and the New York State Department of Transportation (hereinafter

“NYSDOT”) to fund engineering and right-of-way incidentals for the Project; 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, the Ulster County Legislature adopted Resolution No. 237 of

2016 authorizing the County to pay in the first instance 100% of the federal and nonfederal share of the cost of right-of-way acquisition work for the Project (hereinafter

the “Resolution No. 237”); and

WHEREAS, Resolution No. 237 appropriated and made the sum of

$84,835.00 available from Capital Project No. 451 to cover the estimated cost of the

right-of-way acquisition; and 

WHEREAS, the Ulster County Legislature adopted Resolution No. 270 of

2016 thereby authorizing the Ulster County Legislature to conduct a public hearing

for the proposed acquisitions for public purpose of real property for the Project and a

public hearing was conducted on June 21, 2016; and

WHEREAS, the Ulster County Legislature adopted Resolution No. 375 of

2016 thereby issuing the Determination and Findings for the Project pursuant to

Eminent Domain Procedure Law; and

WHEREAS, the Ulster County Legislature adopted Resolution No. 466 of

2016 thereby increasing Capital Project 451 by $41,040 to include additional

expenses for engineering and right-of-way incidental work; and

WHEREAS, the County has completed required property appraisals and is

now working to acquire permanent easements from the following in order to

implement this Project; and

WHEREAS, based on the appraisals, the anticipated total costs of the

acquisitions is $121,550, which will require an addition of $36,715 to Capital Project

451 for purposes of right-of-way acquisition, adding to the $84,835 previously

estimated and authorized; now, therefore be it

RESOLVED, the Ulster County Legislature hereby authorizes 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, be it further

RESOLVED, that the Ulster County Commissioner of Finance is authorized

to make payments associated with the right-of-way acquisitions; and, be it further,

RESOLVED, that Capital Project 451- Hudson Valley Rail Trail West: Phase

4- is hereby increased in the amount of $36,715.00 for right-of-way acquisition; and

be it further 

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

amended as follows:

INCREASE AMOUNT

HH.7197.0451. 2300.2555 Land Acquisition $36,715.00

(Appr.#)

HH.7197.0451.3500.5710 Serial Bonds $36,715.00

(Rev.#)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 19 NOES: 0

(Absent: Legislators Gerentine, Maio, Roberts and

 Ronk)

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

on February 7, 2017

Passed Committee: Public Works and Capital Projects on February 1, 2017

Passed Committee: Ways and Means on February 7, 2017

FINANCIAL IMPACT:

$36,715 – CAPITAL PROJECT NO. 451 APPROPRIATIONS

$36,715 – COUNTY FUNDS – 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 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