Referred to: The Law Enforcement and Public Safety Committee (Chairwoman

Maio and Legislators Collins, Eckert, Fabiano, and Haynes), 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 Kenneth J. Ronk, Jr. offers the following:

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

behalf of the Department of Public Works; and

WHEREAS, the approved 2018-2023 Capital Improvement Program includes

a project entitled “Fire Training Center” in the amount of $4,551,000.00 for the

construction of a fire training center; and

WHEREAS, pursuant to Resolution No. 379 dated August 16, 2016, the

County established Capital Project No. 483, which provided funding in the amount of

$152,000.00 for the site alternative analysis, concept plans, and necessary

environmental work for the fire training center, and declared the County’s intent to

serve as lead agency pursuant to 6 NYCRR Part 617.6(b) (3) of the State

Environmental Quality Review Act (“SEQRA”); and

WHEREAS, the County has completed its alternative site analysis for the

location of the fire training centers to include sites at SUNY Ulster in the Town of

Marbletown and at 250 Ulster Landing Road in the Town of Ulster; and

WHEREAS, the County has completed its preliminary design work for the

Town of Ulster location and desires to develop detailed designs that include the

preparation of bid documents for the Town of Ulster Site; and

WHEREAS, the County has coordinated with the Town of Ulster to develop a

fire training center easement (the “Easement”) for the construction and operation of a

fire training center on lands owned by the Town of Ulster located at 250 Ulster

Landing Road;

WHEREAS, the County has coordinated with the Town of Ulster to develop a

Memorandum of Agreement (the “MOA”) for the operations of the fire training

center, to ensure access to the center by the fire services in the Town and preserve

access to the existing law enforcement shooting range; and 

WHEREAS, Ulster County has examined the proposed action consisting of

the approval of the Easement and the MOA in consideration of this action being a

lawful segmented review pursuant to the SEQRA Regulations at 6 NYCRR Part

617.3(g)(1); and

WHEREAS, the Ulster County Legislature has reviewed the Environmental

Record prepared for the Easement and the MOA currently on file with the Clerk of

the Legislature; now, therefore, be it

RESOLVED, that the Ulster County Legislature, based on the review of the

Environmental Record, the Easement and the MOA themselves, and the requirements

of 6 NYCRR Part 617, determines that approval of the Easement and the MOA is a

discrete action that can be considered separate and apart from any construction of a

fire training center, and that as such a segmented review is warranted and will be no

less protective of the environment nor will it commit the Legislature to any future

course of action; and, be it further

RESOLVED, that the Ulster County Legislature, based on the review of the

Environmental Record, finds that the execution of the Easement and the MOA

constitutes an unlisted action and its approval will not have an adverse impact on the

environment, and hereby authorizes the issuance of a negative declaration as

provided in 6NYCRR 617.7; and, be it further

RESOLVED, the Chairman of the Ulster County Legislature is hereby

authorized to execute the Easement and the MOA with the Town of Ulster in the

form as filed with the Clerk of the Ulster County Legislature or as modified with the

approval of the County Attorney; and, be it further

RESOLVED, all notices, requests and/or approvals required by the Easement

or the MOA that are sent by, or delivered to the Ulster County Executive and/or the

Ulster County Attorney shall be forwarded promptly to the Clerk of the Ulster

County Legislature,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Roberts) 

Passed Committee: Law Enforcement and Public Safety on October 3, 2018

Passed Committee: Public Works and Capital Projects on October 3, 2018

Passed Committee: Ways and Means on October 9, 2018

FINANCIAL IMPACT:

$30,000.00 – BUDGETED CAPITAL FUND APPROPRIATIONS

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 16th Day of October 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 17th Day of October

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

17th Day of October, 2018. 23rd Day of October, 2018.

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

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

Ulster County Legislature