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

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

Chairman of the Legislative Programs, Education and Community Services

Committee, David B. Donaldson, and Deputy Chairman Mary Wawro offer the

following:

WHEREAS, by Resolution No. 94 dated and duly adopted on the date hereof,

the County Legislature of the County of Ulster, New York establishing Capital

Project No. 405 for the renovation and repair of the Kelder Center at Ulster County

Community College; 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. The County’s share of the cost of the reconstruction of the Kelder

Center at Ulster County Community College, in and for the County of Ulster, New

York, including original equipment, machinery, apparatus, appurtenances and incidental

improvements and expenses in connection therewith, is hereby authorized at a

maximum estimated cost of $383,258.

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

aforesaid maximum estimated cost is by the issuance of $383,258 of serial bonds of

the County hereby authorized to be issued therefor pursuant to the provisions of the

Local Finance Law.

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

the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision

12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. 

- Page 2 -

 Resolution No. 95 March 18, 2014

Authorizing The County’s Share Of The Reconstruction Of Kelder

Center At The Ulster County Community College, In And For The

County Of Ulster, New York, At A Maximum Estimated Cost Of

$383,258, And Authorizing The Issuance Of $383,258 Bonds Of

Said County To Pay The Cost Thereof

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 the recital of validity clause provided for in

Section 52.00 of the Local Finance Law, and shall otherwise be in such form and

contain such recitals, in addition to those required by Section 51.00 of the Local

Finance Law, as the Commissioner of Finance shall determine consistent with the

provisions of the Local Finance Law.

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 

- Page 3 -

 Resolution No. 95 March 18, 2014

Authorizing The County’s Share Of The Reconstruction Of Kelder

Center At The Ulster County Community College, In And For The

County Of Ulster, New York, At A Maximum Estimated Cost Of

$383,258, And Authorizing The Issuance Of $383,258 Bonds Of

Said County To Pay The Cost Thereof

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 move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Ways and Means on March 18, 2014.

FINANCIAL IMPACT:

NO FINANCIAL IMPACT TO COUNTY

($383,258.00 SERIAL BONDS REIMBURSED BY SUNY ULSTER) 

- Page 4 -

 Resolution No. 95 March 18, 2014

Authorizing The County’s Share Of The Reconstruction Of Kelder

Center At The Ulster County Community College, In And For The

County Of Ulster, New York, At A Maximum Estimated Cost Of

$383,258, And Authorizing The Issuance Of $383,258 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 18th Day of March, 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 March

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 March, 2014. 24th Day of March, 2014.

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

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

Ulster County Legislature