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

and Legislators Greene, Litts, Nolan, and Roberts), The Energy and Environment

Committee (Chairwoman Wawro and Legislators Bartels, Greene, Joseph Maloney,

and Woltman), and The Ways and Means Committee (Chairman Gerentine and

Legislators Archer, Bartels, Lopez, Maio, 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 shoulder widening and reconstruction on Route 299

(County Route 7 & 8) from Libertyville Road to Route 44/55 in the Town of New

Paltz and Gardiner, PIN 8051.11 (herein after the “Project”) may be eligible for

funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the

costs of such program to be borne at the ration of 80% federal funds 20% non-federal

funds; and

 WHEREAS, the Project will help improve the safety of motorists, bicyclists,

pedestrians and other users of this segment of Route 299; and

 WHEREAS, Capital Project No. 488 was established pursuant to Resolution

No. 545, dated December 20, 2016, in an amount of $487,000 to provide

authorization and funding for preliminary engineering at $312,000 and right-of-way

incidental work at $175,000 for the Project; and

WHEREAS, Resolution No. 142 dated April 17, 2018 amended such capital

project for the additional preliminary engineering, Right-of-Way Work and

Construction Inspection for the Project in the amount of $262,397.00, of which such

costs may be reimbursable up to 80% with federal funds, bringing the total project

cost to $749,397.00; and

WHEREAS, due to the scope of such project, it is now necessary to increase

the total cost of Capital Project No. 488, Installation of Shoulders along Route 299,

Towns of New Paltz and Gardiner to fund anticipated additional engineering costs

related to such project; and 

WHEREAS, the project was approved by the Ulster County Transportation

Council in the 2018-2022 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, that, as funded, the Project is a Type II Action as defined under

6 NYCRR 617.5(c) (18) and does not require any determination or procedure under

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

RESOLVED, that the Ulster County Legislature has determined, after review

of the criteria contained in 6 NYCRR Parts 617.4 and 617.5, that the construction of

the project will constitute an Unlisted Action; and the County 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 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.5197.0488-4300.4355 Engineer Services $35,000.00

(App. #) Capital Project No. 488

 Widening Shoulders Rte. 299 (TIP)

HH.5197.0488-3500.5710 Revenue – Serial Bonds $35,000.00

(Rev. #)

and move its adoption. 

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Energy and Environment on July 9, 2018

Passed Committee: Ways and Means on July 10, 2018

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

FINANCIAL IMPACT:

$35,000.00 – CAPITAL PROJECT NO. 488 ADDITIONAL APPROPRIATION

DOLLARS

$35,000.00 – 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 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. 25th Day of July, 2018.

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

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

Ulster County Legislature