Referred to: 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 Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

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

behalf of the Department of Public Works; and

WHEREAS, a project for the Bridge Replacement of Route 213 Extension

(CR 4) over Tongore Creek (BIN 3041140) in the Town of Olive, Ulster County,

identified as PIN 8757.13, is eligible for funding under a Title 23, US Code, as

amended, and calls for the costs for such Project to be borne at the ratio of 80%

Federal funds and 20% non-federal funds; and

 WHEREAS, the Project is eligible for New York State Marchiselli Aid, and if

this aid becomes available, then Ulster County’s financial obligation to the Project

will be diminished from its present 20% share to an amount to be determined by New

York State; and

WHEREAS, Capital Project No. 261 was established pursuant to Resolution

No. 298, dated October 14, 1999, to provide authorization and funding for

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

WHEREAS, the project’s progress was delayed primarily due to Right-ofWay issues which required a complete redesign of the bridge, as well as limited

engineering resources due to a shift in priorities after Hurricane Irene; and

WHEREAS, the delay created an inability to meet milestone requirements

causing the Project to be dropped from the plan; and 

WHEREAS, a request for a time extension for PIN 8757.13 preliminary

engineering was submitted and approved by the Federal Highway Administration

with a revised Project schedule for right-of-way acquisition to be complete by April

30, 2017; 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 costs of

preliminary engineering and right-of-way incidental work, in the first instance; and

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

commitment of 100% of the costs of right-of-way acquisition; and

 WHEREAS, the Commissioner of Public Works requests funds from serial

bonds for the Project, PIN 8757.13 for the right-of-way acquisition and incidental

work in the amount of $160,000.00; now, therefore be it

RESOLVED, the real property acquisitions in conjunction with the Tongore

Bridge Replacement (PIN 8757.13) constitute a Type II action under section 4.5.3 of

the County of Ulster’s State Environmental Quality Review Act (hereinafter

“SEQRA”) Type II List that was adopted in Resolution No. 118 on April 20, 2010;

and, be it further,

RESOLVED, that the Ulster County Legislature hereby approves the further

progress of the above-subject Project; and, be it further

 RESOLVED, that the Ulster County Legislature hereby authorizes Ulster

County to pay in the first instance 100% of the cost of right-of-way acquisition work

for the Project, or portions thereof; and, be it further

 RESOLVED, that the sum of $160,000.00 is appropriated from serial bond

funding and made available to cover the cost of participation in the right-of-way

acquisition and incidental work 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 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 or

reimbursement requests for Federal Aid and/or applicable Marchiselli 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 municipality’s first instance funding of Project

costs and permanent funding of the local share of federal-aid and state-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: Commissioner of Public Works and

Director of Purchasing, are also hereby authorized to execute any necessary

Agreements or certifications on behalf of the Municipality with NYSDOT in

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

State/Local Agreement; 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, 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 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 the 2017 Ulster County Capital Fund Budget is hereby

amended as follows:

 INCREASE AMOUNT

HH.5197.0261-4300.4355 Professional Services/Engineering $160,000.00

(App. #) Right-Of-Way Acquisition/Incidentals

 Capital Project No. 261

HH.5197.0261-3500.5710 Serial Bond Proceeds $160,000.00

(Rev. #s)

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 19 NOES: 0

(Absent: Legislators Gerentine, Maio, Roberts and

 Ronk)

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

Passed Committee: Ways and Means on February 7, 2017

FINANCIAL IMPACT:

$160,000.00 – CAPITAL PROJECT NO. 261 APPROPRIATIONS

$160,000.00 – 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