Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators

Bartels, Belfiglio, Briggs, Maio, Maloney, Provenzano, and Rodriguez)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Tracey A. Bartels offer the following:

WHEREAS, it is the policy of the State of New York to promote the

economic welfare and prosperity of its inhabitants and to actively promote, attract,

encourage and develop economically sound commerce and industry; and

 WHEREAS, the County of Ulster has the responsibility and burden to

promote the health, safety and general welfare of the residents of the County by,

among other things, preventing unemployment and economic deterioration,

increasing and maintaining employment opportunities, and attracting and sustaining

economically sound commerce; and

 WHEREAS, the County of Ulster owns the following properties (collectively

the “Properties”):

1. 300 Flatbush Avenue, Kingston, New York (sbl no.: 48.074-3-14.100);

2. An approximately 7.513 acre parcel consisting of vacant land, adjacent to

the Golden Hill Health Care Center, located in the Town of Ulster; and

 WHEREAS, the County Legislature has examined the Properties and

determined that the County no longer needs the Properties now or in the future for

the operation of the County; and

WHEREAS, Section 1411 of the Not-For-Profit Corporation Law of the State

of New York (the “LDC Act”) authorizes the establishment of not-for-profit local

development corporations operated exclusively for the charitable or public purposes

of relieving and reducing unemployment, promoting and providing for additional and

maximum employment, bettering and maintaining job opportunities, instructing or

training individuals to improve or develop their capabilities for such jobs, carrying on

scientific research for the purpose of aiding a community or geographical area by

attracting new industry to the community or area or by encouraging the development

of, or retention of, an industry in the community or area, and lessening the burdens of

government and acting in the public interest; and 

- Page 2 -

Resolution No. 221 June 17, 2014

Authorizing The Required Steps For The Transfer Of Real Property

Located At 300 Flatbush Avenue And Additional Real Property

Located In The Town Of Ulster

WHEREAS, the LDC Act further authorizes the legislative body of a county,

by resolution, to determine that certain real property of the County not required for

use by the County may be sold or leased to a not-for-profit local development

corporation for purposes that include lessening the burdens of government and acting

in the public interest; and

 WHEREAS, Section 1411(d) of the LDC Act further provides that the sale or

lease may be on such terms as may be agreed upon by the County and a local

development corporation, without appraisal or public bidding; and

 WHEREAS, in furtherance of the public purposes set forth above, the County

Legislature proposes to transfer its interest in certain portions of the land, buildings,

equipment and assets of the Properties to the Ulster County Local Development

Corporation, formed pursuant to Section 1411(a) of the LDC Act (hereinafter the

“Corporation”), subject to the County’s reserved leasehold interest in the Properties

(collectively, the “Disposition”); and

 WHEREAS, the County shall require that the net proceeds of the Disposition

and of any eventual sale to a third party are paid to the County; and

 WHEREAS, to accomplish the purposes and powers as set forth within the

LDC Act and the purposes and powers of the Corporation, including relieving the

burdens of the County and the undertaking of the Disposition, the County desires to

task the Corporation with such burdens and responsibilities; and

 WHEREAS, pursuant to and in accordance with Section 1411(d) of the LDC

Act, a public hearing relating to the Disposition was duly scheduled, noticed and

conducted by the Ulster County Legislature prior to the adoption of this resolution

which hearing was held on June 17, 2014; now, therefore, be it

 RESOLVED, the Ulster County Legislature hereby authorizes the following:

1. Pursuant to Section 1411(d) (1) of the LDC Act and upon due

consideration of the presentations and comments received during the public

hearing, the County Legislature hereby determines that title to the Properties is

not required for use by the County; and 

- Page 3 -

Resolution No. 221 June 17, 2014

Authorizing The Required Steps For The Transfer Of Real Property

Located At 300 Flatbush Avenue And Additional Real Property

Located In The Town Of Ulster

2. Pursuant to Section 1411(d) of the LDC Act, the County of Ulster hereby

authorizes the undertaking of the Disposition, including transfer of title

and/or a leasehold of up to ninety-nine years, to the Properties

together with any necessary fixtures attached to or contained therein, to the

Corporation pursuant to a deed to be approved by the County Attorney (the

“Deed”); and

3. The County shall transfer title to the Corporation in fee unless in the event

the County shall need any of the Properties for a limited period of time

pending relocation of operations, then the County may transfer a title

and/or a leasehold; and

4. The Chairman of the Ulster County Legislature and/or the County

Executive, as may be set forth in the Ulster County Charter and

Administrative Code and/or as may be required otherwise, are hereby

authorized to execute any and all documents related to the Disposition,

including the Deed and/or any lease agreement(s), subject to approval by

the County Attorney, along with any other agreements, forms, certificates

or applications necessary to effectuate the foregoing; and, be it further

RESOLVED, that the County has identified the Disposition as an “Unlisted

Action” as said term is defined pursuant to the State Environmental Quality Review

Act (SEQRA). The County’s review of the Disposition pursuant to SEQRA is

uncoordinated. Based upon the review by the County of an Environmental

Assessment Form (EAF) and related documents, the County hereby finds that (i) the

Disposition will result in no major impacts and, therefore, is one which may not

cause significant damage to the environment; (ii) the Disposition will not have a

“significant effect on the environment” as such quoted terms are defined in SEQRA;

and (iii) no “environmental impact statement” as such quoted term is defined in

SEQRA, need be prepared for this action. This determination constitutes a negative

declaration for purposes of SEQRA; and, be it further

RESOLVED, that this resolution shall take effect immediately,

and move its adoption. 

- Page 4 -

Resolution No. 221 June 17, 2014

Authorizing The Required Steps For The Transfer Of Real Property

Located At 300 Flatbush Avenue And Additional Real Property

Located In The Town Of Ulster

ADOPTED BY THE FOLLOWING VOTE:

AYES: 18 NOES: 4

(Noes: Legislators Donaldson, Greene, John

Parete, and Richard Parete)

Passed Committee: Ways and Means on June 11, 2014

FINANCIAL IMPACT:

REVENUE TO BE DETERMINED

Legislator Donaldson motioned, seconded by Legislator Richard Parete, to refer the

Resolution back to the Ways and Means Committee.

MOTION DEFEATED BY THE FOLLOWING VOTE:

AYES: 4 NOES: 18

(Ayes: Legislators Bartels, Donaldson, Greene, and

Richard Parete) 

- Page 5 -

Resolution No. 221 June 17, 2014

Authorizing The Required Steps For The Transfer Of Real Property

Located At 300 Flatbush Avenue And Additional Real Property

Located In The Town Of Ulster

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 17th Day of June, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 20th Day of June in

the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

20th Day of June, 2014. 20th Day of June, 2014.

|s| Victoria A. Fabella ____________________________

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

Ulster County Legislature