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

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

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

WHEREAS, by Resolution No. 291 dated and duly adopted on the date

hereof, the County Legislature of the County of Ulster, New York has amended

Capital Project No. 334 for preliminary design and environmental review costs for

the rail trail connector link from the City of Kingston to the Town of Hurley for the

Department of Planning; and

WHEREAS, the capital project hereinafter described, as proposed, has been

determined to be a Type II Action pursuant to the regulations of the New York State

Department of Environmental Conservation promulgated pursuant to the State

Environmental Quality Review Act, which regulations state that Type II Actions will

not have a significant effect on the environment; and

WHEREAS, it is now desired to authorize the financing of such capital project;

now, therefore be it

RESOLVED, by the affirmative vote of not less than two-thirds of the total

voting strength of the County Legislature of the County of Ulster, New York, as

follows:

Section 1. Preliminary design and environmental review costs for the rail

trail connector link from the City of Kingston to the Town of Hurley, and for the

County of Ulster, New York, including incidental expenses in connection therewith, is

hereby authorized at a maximum estimated cost of $105,000.

Section 2. It is hereby determined that the plan for the financing of the

aforesaid maximum estimated cost is by the issuance of not exceeding $105,000 of

serial bonds of the County hereby authorized to be issued therefor pursuant to the

provisions of the Local Finance Law; provided, however, that to the extent that any

Federal or State grants-in-aid are received for such specific object or purpose, the

ultimate amount of bonds to be issued pursuant to this resolution shall be reduced

dollar for dollar.

- Page 2 -

Resolution No. 292 August 19, 2014

Authorizing Preliminary Design And Environmental Review Costs

For The Rail Trail Connector Link From The City Of Kingston To

The Town Of Hurley, In And For The County Of Ulster, New York,

At A Maximum Estimted Cost Of $105,000.00, And Authorizing The

Issuance Of $105,000.00 Bonds Of Said County To Pay The Cost

Thereof

Section 3. It is hereby determined that the period of probable usefulness of

the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of

paragraph a of Section 11.00 of the Local Finance Law. Such specific object or

purpose constitutes new expenses of Capital Project No. 334 relating to new elements

not heretofore authorized.

Section 4. The faith and credit of said County of Ulster, New York, are

hereby irrevocable pledged for the payment of the principal of and interest on such

bonds as the same respectively become due and payable. An annual appropriation shall

be made in each year sufficient to pay the principal of and interest on such bonds

becoming due and payable in such year. There shall annually be levied on all the

taxable real property of said County, a tax sufficient to pay the principal of and interest

on such bonds as the same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to

authorize the issuance of and to sell bond anticipation notes in anticipation of the

issuance and sale of the bonds herein authorized, including renewals of such notes, is

hereby delegated to the Commissioner of Finance, the chief fiscal officer. Such notes

shall be of such terms, form and contents, and shall be sold in such manner, as may be

prescribed by said Commissioner of Finance, consistent with the provisions of the

Local Finance Law.

Section 6. All other matters except as provided herein relating to the serial

bonds herein authorized including the date, denominations, maturities and interest

payment dates, within the limitations prescribed herein and the manner of execution of

the same, including the consolidation with other issues, and also the ability to issue

serial bonds with substantially level or declining annual debt service, shall be

determined by the Commissioner of Finance, the chief fiscal officer of such County.

Such bonds shall contain substantially

- Page 3 -

Resolution No. 292 August 19, 2014

Authorizing Preliminary Design And Environmental Review Costs

For The Rail Trail Connector Link From The City Of Kingston To

The Town Of Hurley, In And For The County Of Ulster, New York,

At A Maximum Estimted Cost Of $105,000.00, And Authorizing The

Issuance Of $105,000.00 Bonds Of Said County To Pay The Cost

Thereof

Section 7. The validity of such bonds and bond anticipation notes may be

contested only if:

1) Such obligations are authorized for an object or purpose for which said

County is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of

publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within

twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the

Constitution.

Section 8. This resolution shall constitute a statement of official intent for

purposes of Treasury Regulations Section 1.150-2. Other than as specified in this

resolution, no monies are, or are reasonably expected to be, reserved, allocated on a

long-term basis, or otherwise set aside with respect to the permanent funding of the

object or purpose described herein.

Section 9. This resolution, which takes effect immediately, shall be

published in summary form in the official newspaper(s) of such County, together

with a notice of the Clerk of the County Legislature in substantially the form

provided in Section 81.00 of the Local Finance Law,

and moves its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 19 NOES: 3

 (Noes: Legislators Donaldson, Greene, and

 Wawro)

 (Absent: Legislator Fabiano)

Passed Committee: Ways and Means on August 19, 2014

FINANCIAL IMPACT:

$105,000.00 – SERIAL BONDS (100% REIMBURSABLE:

$21,000.00 STATE REVENUE AND $84,000.00 FEDERAL REVENUE) 

- Page 4 -

Resolution No. 292 August 19, 2014

Authorizing Preliminary Design And Environmental Review Costs

For The Rail Trail Connector Link From The City Of Kingston To

The Town Of Hurley, In And For The County Of Ulster, New York,

At A Maximum Estimted Cost Of $105,000.00, And Authorizing The

Issuance Of $105,000.00 Bonds Of Said County To Pay The Cost

Thereof

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 19th Day of August, 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 August

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

21st Day of August, 2014. 28th Day of August, 2014.

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

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

Ulster County Legislature