Referred to: The Public Works and Capital Projects Committee (Chairwoman Petit and Legislators Fabiano, Greene, Litts, and Nolan), and The Ways and Means Committee (Chairwoman Archer and Legislators Gerentine, Maio, James Maloney, Joseph Maloney, Petit, and Rodriguez)

Chairwoman of the Public Works and Capital Projects Committee, Laura Petit, and Deputy Chair Dean J. Fabiano offer the following:

WHEREAS, a project for the CR 18 over Shawangunk Kill Bridge Rehabilitation (BIN 3347510) in the Town of Shawangunk, Ulster County, P.I.N. 8762.16 (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 95% Federal funds and 5% 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 5% share; and

            WHEREAS, the Project will replace the existing Shawangunk Kill Bridge that has reached the end of its service life; and

WHEREAS, Ulster County will design, let and construct the Project; and

            WHEREAS, the 2019 – 2024 Capital Program includes the full cost of for the preliminary engineering and right of way incidental phases for the Shawangunk Kill Bridge; and

WHEREAS, Ulster County has been awarded $4,780,320 with a 5% local share through the Bridge NY Program; and 

            WHEREAS, Ulster County desires to advance the Project by making a commitment of 100% of the costs of the work for the Project or portions thereof; and

WHEREAS, Ulster County has currently has been appropriated $569,000.00 through the Bridge NY Program for the preliminary engineering and right of way incidental phases; and

WHEREAS, the Commissioner of Public Works requests funds for the preliminary engineering and right of way incidental phases for the Project in the amount of $595,000.00; and

            WHEREAS, the additional monies being requested by the Commissioner of Public Works may be offset by future grants funds appropriated through the Bridge NY Program; and

            WHEREAS, based upon examination by the Ulster County Legislature, the County’s funding of this Project constitutes a Type II action as defined under Sections 4.5.5 of the County of Ulster’s State Environmental Quality Review Act (SEQRA) Type II List, which was adopted pursuant to Resolution No. 118 dated April 20, 2010; and

            WHEREAS, Ulster County has determined that this funding action does not pose a significant potential environmental impact and may be progressed as a Type II action in accordance with 6 NYCRR Part 617 of SEQRA, and does not require any further determination or procedure under SEQRA; now, therefore, be it

            RESOLVED, that the Ulster County Legislature hereby approves the Project; and, be it further

            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 preliminary engineering and right of way incidental work for the Project, or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state- aid, or reimbursement from Bridge NY funds; and, be it further

RESOLVED, that the sum of $595,000.00 is appropriated from serial bond funding and made available to cover the cost of participation in the preliminary engineering and right of way incidental phases of the Project; and, be it further

RESOLVED, that the Ulster County Legislature hereby agrees that Ulster County shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid, or NY Bridge funding awarded to Ulster County; 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 thereof; and, be it further 

            RESOLVED, that Ulster County hereby agrees that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and, be it further

RESOLVED, that the Chairwoman of the Ulster County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or State Aid if available on behalf of Ulster County with the New York State Department of Transportation (NYSDOT) 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 Chairwoman of the Ulster County Legislature, the following municipal titles:  Commissioner of Public Works, County Attorney, and Director of Purchasing, are also hereby authorized to execute any necessary Agreements or certifications on behalf of the County with NYSDOT in connection with the advancement or approval of the Project identified in the State/Local Agreement; and, be it further

RESOLVED, that the Ulster County Commissioner of Finance is authorized to make payments associated with the preliminary engineering and right of way incidental phases; and, be it further

RESOLVED, that a certified copy of this Resolution will 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 this Resolution shall take effect immediately; and, be it further

RESOLVED, that Capital Project No. 539, Shawangunk Kill Bridge Rehabilitation is hereby established as follows:

CREATE                                                       AMOUNT

Capital Project No. 539       Shawangunk Kill Bridge Rehabilitation   $595,000.00

and, be it further

RESOLVED, that the 2019 Ulster County Capital Fund Budget is hereby amended as follows:

                                          INCREASE                                        AMOUNT

HH.5197.0539-4300.4355       Engineering Services                            $580,000.00 

(App. #)                                       Capital Project No. 539

      Shawangunk Kill Bridge Rehabilitation

HH.5197.0539-4300.4505        Professional Services Other Fees       $  15,000.00 

(App. #)                                       Capital Project No. 539

      Shawangunk Kill Bridge Rehabilitation

 HH.5197.0539-3500.5710       Serial Bond Revenue                            $595,000.00

(Rev. #)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                        NOES:       

Passed Committee: Public Works and Capital Projects on _______________.

Passed Committee: Ways and Means on ________________.

FINANCIAL IMPACT:

$595,000.00 - COUNTY CAPITAL FUND APPROPRIATIONS

$595,000.00 - COUNTY REVENUE – SERIAL BONDS 

  (95% REIMBURSABLE FROM BRIDGE NY FUNDS)

$  54,250.00 - CURRENT COUNTY SHARE 

  (TO BE PARTIALLY OFFSET BY FUTURE GRANT    

  APPROPRIATIONS, MINIMUM COUNTY SHARE $29,750)

***A BOND RESOLUTION WILL BE REQUIRED***