Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Greene, Litts, Nolan, and Roberts), and The Ways and Means

Committee (Chairman Gerentine and Legislators Archer, Bartels, Lopez, James

Maloney, Joseph Maloney, and Petit)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chair Manna Jo Greene offer the following:

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

behalf of the Department of Public Works – (Highways & Bridges); and

WHEREAS, a Project for the Horsenden Pavement Overlay in the Town of

New Paltz, PIN 8761.93 (the "Project") is eligible for funding under Title 23 U.S.

Code, as amended, that calls for the apportionment of the costs such program to be

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

WHEREAS, the Project may become 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; and

WHEREAS, Capital Project No. 507 was established pursuant to Resolution

No. 309, dated July 18, 2017, in an amount of $13,000 to provide authorization and

funding for preliminary engineering and right-of-way incidental work; and

WHEREAS, the original Project proposed to resurface the existing Nova Chip

Asphalt between NYS Route 32 and North Putt Corners Road to include pavement

overlay; and

WHEREAS, it has been determined that the existing road surface has

deteriorated beyond a condition suitable for an overlay, therefore the project scope

has changed to full depth pavement replacement or rehabilitation between NYS

Route 32 and North Putt Corners Road; and

WHEREAS, an engineering consultant has been selected for the Project and a

scope of services and cost proposal have been established; and 

WHEREAS, based on information provided from such engineering consultant

it has been determined that it is now necessary to increase the federal and non-federal

share of costs for the engineering work for the Project in the amount of $80,000.00,

of which such costs may be reimbursable up to 80% with federal funds, bringing the

total engineering phase of the project cost to $93,000.00; and

WHEREAS, the project was approved by the Ulster County Transportation

Council in the 2018-2023 Transportation Improvement Program; and

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

commitment of 100% of the non-federal share of the additional preliminary

engineering work; now

THEREFORE, the Ulster County Legislature, duly convened, it is hereby

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

RESOLVED, the Project is a Type II Action as defined under 6 NYCRR

617.5(c) (2.2) and does not require any determination or procedure under the State

Environmental Quality Review Act (SEQRA); 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; and, be it further

RESOLVED, that the Chairman of the Ulster County Legislature be

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 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, County

Engineer, County Comptroller, and County Attorney 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 a certified copy of this resolution 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 2018 Ulster County Capital Fund Budget is hereby

amended as follows:

 INCREASE AMOUNT

HH.5197.0507-4300.4355 Engineer Services $80,000.00

(App. #) Capital Project No. 507

 Horsenden Pavement (TIP)

HH.5197.0507-3500-5710 Revenue – Serial Bonds $80,000.00

(Rev. #s)

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Public Works and Capital Projects on June 6, 2018

Passed Committee: Ways and Means on June 12, 2018

FINANCIAL IMPACT:

$80,000.00– CAPITAL PROJECT NO. 507 APPROPRIATION DOLLARS

$80,000.00– SERIAL BOND PROCEEDS 

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 June in the year Two Thousand and

Eighteen, 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 22nd Day of June in

the year Two Thousand and Eighteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

22nd Day of June, 2018. 29th Day of June, 2018.

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

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

Ulster County Legislature