Resolution No. 459

Authorizing The County Legislature To Conduct A Public Hearing For The Proposed Acquisition For Public Purpose Of Property For The Construction Of The Kingston Rail Trail Project (PIN 8758.04) In The Town Of Hurley, Town Of Ulster And City Of Kingston - Department Of Planning

Resolution Information




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

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

Rodriguez, 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 Economic Development, Tourism, Housing, Planning, and Transit

Committee, James F. Maloney, and Deputy Chair Hector Rodriguez offer the


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

behalf of the Department of Planning; and

WHEREAS, pursuant to Resolution No. 293 passed on August 19, 2014, the

Ulster County Legislature authorized an agreement between Ulster County (“the

County”) and the State of New York Department of Transportation (“NYSDOT”) to

fund design and right-of-way incidentals for the construction of the Kingston Rail

Trail, PIN 8754.08 (the “Project”); and

WHEREAS, pursuant to Resolution No. 168 passed on March 15, 2016, the

Ulster County Legislature adopted and issued a Negative Declaration for the Project

pursuant to 6 NYCRR Part 617 et seq. of the Regulations of Article 8 of the

Environmental Conservation Law of New York State (“SEQRA”); and

WHEREAS, pursuant to Resolution No. 276 passed on June 19, 2018, the

Ulster County Legislature authorized a supplemental agreement between Ulster

County and the NYSDOT to fund right-of-way acquisition for construction of the

Project; and

WHEREAS, negotiations regarding approximately three permanent easements

for the Project have not yet been completed; and

WHEREAS, the County intends to pursue all means to complete these

negotiations in a timely manner without necessitating legal measures, but must

provide for the contingency that the properties in question may need to be acquired

via eminent domain procedures as a last resort; now, therefore be it


RESOLVED, on the recommendation of the County Department of Planning,

the Ulster County Legislature will conduct a public hearing pursuant to Section 201

of the Eminent Domain Procedure Law at the County Office Building, 244 Fair

Street, Kingston, NY 12401 on the 11th day of December, 2018 at 6:10 P.M.; and, be

it further

RESOLVED, that the purpose of said hearing is to inform the public and to

review the public use to be served by the construction of the Kingston Rail Trail

Project in the Town of Hurley, Town of Ulster and City of Kingston and the impact

on the environment and residents of the locality where said Project will be

constructed; and, be it further

RESOLVED, that pursuant to Section 202 of the Eminent Domain Procedure

Law, the Clerk of the Legislature shall cause to be published at least ten days and not

more than thirty days prior to said hearing a notice of same in a least five (5)

consecutive issues of the Daily Freeman, a daily newspaper of general circulation,

and in at least two (2) successive issues of the two official newspapers of the County

of Ulster: Ulster Publishing and the Shawangunk Journal,

and move its adoption.


AYES: 20 NOES: 0

(Absent: Legislators Bartels, Collins, and Eckert)

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

on November 8, 2018

Passed Committee: Ways and Means on November 13, 2018







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 20th Day of November 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 

Current Text: PDF


Updated: February 5, 2019