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

Committee (Chairman James Maloney and Legislators Archer, Delaune, Litts, Maio,

Rodriguez, and Woltman), 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, Maio, James Maloney, Joseph Maloney, and Petit)

Chairman of the Legislature, Kenneth J. Ronk, Jr, Chairman of the Economic

Development, Tourism, Housing, Planning, and Transit Committee, James F.

Maloney, and Legislator Nolan offer the following:

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

behalf of the Department of Planning; and

WHEREAS, the County of Ulster is the owner of 38.6 miles of the Ulster &

Delaware (“U&D”) Railroad Corridor running from the City of Kingston to

Highmount in the Town of Shandaken, including approximately 11.5 miles running

adjacent to the Ashokan Reservoir, which is owned by the City of New York and

managed by the New York City Department of Environmental Protection (“DEP”);

and

WHEREAS, pursuant to Resolution No. 275 passed on August 19, 2014, the

Ulster County Legislature established a segmented rail and trail policy for the U&D

Corridor and delineated the U&D segment along the Ashokan Reservoir for

conversion to a public recreational trail only; and

WHEREAS, pursuant to Resolution No. 187 passed on May 19, 2015, the

Ulster County Legislature authorized the County Executive and Chairman of the

Legislature to execute an Agreement with the City of New York (“Agreement”) to

accept $2.5 million in grant funding for and facilitate the creation of an 11.5 mile

recreational trail along the northern shore of the Ashokan Reservoir on the U&D

Corridor (the “Ashokan Rail Trail”) in accordance with the policy created by

Resolution No. 275; and

WHEREAS, the Ashokan Rail Trail project will open the northern shore of

the Ashokan Reservoir to the public, without permit or fee, for the first time in more

than a century and will ensure year-round public access for walking, running,

bicycling, cross country skiing, snowshoeing and other non-motorized uses between

Basin Road in West Hurley and Route 28A in Boiceville on a recreational trail that is

fully accessible for persons with disabilities and limited mobility; and 

WHEREAS, pursuant to Resolution No. 488 unanimously passed on

December 15, 2015, the Ulster County Legislature amended its U&D Corridor rail

and trail policy under Resolution No. 275 and reaffirmed its prior determination to

convert the 11.5 miles of the U&D Corridor along the Ashokan Reservoir for use as a

recreational trail only; and

WHEREAS, pursuant to Resolution No. 480 unanimously passed on

December 15, 2015, the Ulster County Legislature established Capital Project No.

459 for the Ashokan Rail Trail Project, approved funding for engineering services,

and declared its intent to act as Lead Agency for the Project as provided for in 6

NYCRR Part 617.6(b)(3) of the Regulations pertaining to Article 8 of the

Environmental Conservation Law of New York State (“SEQRA”), determining the

Project was a Type I Action that required a coordinated review; and

WHEREAS, pursuant to Resolution No. 327 passed on August 15, 2017, the

Ulster County Legislature authorized the execution of the Ashokan Trail Easement

with the City of New York, which provided the County a permanent Ashokan Trail

Easement along the U&D Corridor adjacent to the Ashokan Reservoir while

preserving the County’s underlying perpetual Railroad Easement; and

WHEREAS, pursuant to Resolution No. 421 passed on November 14, 2017,

the Ulster County Legislature adopted and issued a Negative Declaration under

SEQRA for the Ashokan Rail Trail Project (the “Project”); and

WHEREAS, pursuant to Resolution No. 422 passed on November 14, 2017,

the Ulster County Legislature authorized the removal of the railroad tracks from

Basin Road in West Hurley to Route 28A in Boiceville for purposes of constructing

the Project and allocated $1,173,000 for Construction and Construction Inspection

services to remove the track and hazard trees along the Project corridor, which will

be completed by the end of June 2018; and

WHEREAS, pursuant to Resolution No. 46 passed on February 13, 2018, the

Ulster County Legislature allocated an additional $25,000 for Professional Services

related to a Due Diligence Study for the utilization of a Project Labor Agreement for

the Phase 2 Construction of the Project; and

WHEREAS, pursuant to Resolution 138 passed on April 17, 2018, the Ulster

County Legislature ratified the recommendation to utilize a Project Labor Agreement

based on projected labor cost savings and non-economic benefits contributing to the

success of the Project; and 

WHEREAS, Ulster County has been awarded approximately $6.6 million in

grant funding for the Project by the DEP, the New York State Department of

Conservation (“NYS DEC”), and the New York State Parks, Recreation and Historic

Preservation (“NYS OPRHP; and

WHEREAS, the County has received competitive bids for the Phase 2

Construction of the Project and has agreed to additional services for Construction

Inspection, requiring amendment of the Capital Project; now, therefore, be it

RESOLVED, that Capital Project 459 is hereby amended as follows:

 INCREASE AMOUNT

HH.7197.0459.2300.2550 Construction $7,651,381.00

(Appr.#)

HH.7197.0459.4300.4355 Engineering $ 598,900.00

(Appr.#)

HH.7197.0459.3200.2397 Intergovernmental $ 752,000.00

(Rev.#) Revenue (DEP)

HH.7197.0459.3300.3897 State Aid $4,129,857.00

(Rev.#)

HH.7197.0459.3500.5710 Serial Bonds $3,368,424.00

(Rev.#)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 20 NOES: 3

(Noes: Legislators Donaldson, Greene, and

Joseph Maloney) 

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

on July 3, 2018

Passed Committee: Ways and Means on July 10, 2018

Passed Committee: Public Works and Capital Projects on July 11, 2018

FINANCIAL IMPACT:

$8,250,281.00- ADDITIONAL 2018 CAPITAL APPROPRIATIONS

$8,250,281.00- ADDITIONAL CAPITAL REVENUES

Legislator Greene motioned, seconded by Legislator Donaldson, to Refer Resolution

Nos. 307 and 308 to the Trail Rail Advisory Committee.

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 4 NOES: 19

(Ayes: Legislators Donaldson, Greene, Joseph Maloney,

and Petit)

Legislator Petit motioned, seconded by Legislator Donaldson, to add an additional

RESOLVED to the Resolution to read as follows:

“RESOLVED, that at least 1,000 feet of the former railroad right-of-way between

Basin Road and the future West Hurley trailhead be reserved for future railroad

reconstruction and be left undisturbed by trail or trailhead construction; and, be it

further”

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 7 NOES: 16

(Ayes: Legislators Donaldson, Fabiano, Greene, Litts,

Joseph Maloney, Petit, and Wawro) 

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 17th Day of July 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 19th Day of July 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

19th Day of July, 2018. 23rd Day of July, 2018.

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

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

Ulster County Legislature