Referred to: The Law Enforcement and Public Safety Committee (Chairman Briggs

and Legislators Gregorius, Loughran, Maio and Ronk), The Public Works and

Capital Projects Committee (Chairman Fabiano and Legislators Allen, Greene,

Loughran and Roberts), and The Ways and Means Committee (Chairman Gerentine

and Legislators Bartels, Briggs, Belfiglio, Maio, Maloney, Provenzano and

Rodriguez)

Chairman of the Law Enforcement and Public Safety Committee, Thomas J. Briggs,

and Deputy Chairman Kenneth Ronk offer the following:

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

behalf of the Department of Emergency Communications/Emergency Management;

and

 WHEREAS, the Director of Emergency Communications/Emergency

Management has been notified by the New York State Division of Homeland

Security and Emergency Services (NYS DHSES) that the Federal Emergency

Management Agency (FEMA) has authorized a program to purchase and remediate

flooded homes damaged during Hurricane Irene and Tropical Storm Lee; and

 WHEREAS, the building inspectors of all Ulster County municipalities were

polled to determine structures sustaining flood damage during these federally

declared disasters; and

 WHEREAS, the Director of Emergency Communications/Emergency

Management then questioned each homeowner identified by the building inspectors

as potentially eligible for this program to determine their desire to participate in an

acquisition program; and

 WHEREAS, a list of thirty (30) substantially damaged homes in the Towns of

Kingston, Olive, Shandaken, Ulster and Wawarsing has been submitted to and

approved by FEMA; and

- Page 2 -

 Resolution No. 98 March 18, 2014

Authorizing The Chair Of The Ulster County Legislature To

Execute An Agreement, And Any Amendments Thereto, With The

New York State Office of Emergency Management For The

Purchase And Remediation Of Flooded Homes Damaged During

Hurricane Irene And Tropical Storm Lee – Establishing Capital

Project No. 406 – Amending The 2014-2019 Ulster County Capital

Program– Department Of Emergency Communications/Emergency

Management

WHEREAS, an additional four (4) homes have been identified and approved

after meeting the benefit-to-cost analysis criteria; these are located in the Towns of

Shandaken, Shawangunk and Ulster; and

 WHEREAS, it has been determined by FEMA that the acquisition of these

homes through the Hazard Mitigation Grant Program is the best way to remove these

residents from further danger, and is the most cost effective way to remove these

structures from future damages and subsequent claims; and

WHEREAS, the County will undertake a programmatic environmental review

to comply with the provisions of the State Environmental Quality Review Act, 6

NYCRR Part 617 (SEQRA) prior to commencing any work that would result in

physical alteration of the sites; and

 WHEREAS, the Federal Emergency Management Agency has approved

$6,558,566.00 for this acquisition program and agrees to pay 75% (seventy-five

percent) of the cost of the program including purchasing the homes, remediating the

land and all reasonable associated costs, and dedicating the properties in perpetuity

for open space, recreational, wetlands or flood mitigation purposes; and

 WHEREAS, New York State has agreed to fund the remaining 25% (twentyfive percent) non-federal share of this program for all full-time, owner-occupied

residences; and

 WHEREAS, in instances where the property owner is not a full time resident,

said 25% will be covered by either the City of New York, or the property owner; and

 WHEREAS, all funding will pass through the New York State Division of

Homeland Security and Emergency Services through its Office of Emergency

Management; and

- Page 3 -

 Resolution No. 98 March 18, 2014

Authorizing The Chair Of The Ulster County Legislature To

Execute An Agreement, And Any Amendments Thereto, With The

New York State Office of Emergency Management For The

Purchase And Remediation Of Flooded Homes Damaged During

Hurricane Irene And Tropical Storm Lee – Establishing Capital

Project No. 406 – Amending The 2014-2019 Ulster County Capital

Program– Department Of Emergency Communications/Emergency

Management

WHEREAS, the Director of Emergency Communications/Emergency

Management is requesting that the Chairman of the Ulster County Legislature be

authorized to execute an agreement, and any amendments thereto, with the New York

State Division of Homeland Security and Emergency Services; and

 WHEREAS, the Director of Emergency Communications/Emergency

Management is requesting that Capital Project No. 406 be established to fund the

program; now, therefore, be it

 RESOLVED, that the Capital Project will be carried out under the program

guidelines set forth in the “Project Description and Additional Information for the

SEQRA Long Environmental Assessment Form” that will be submitted to the Ulster

County Legislature; and, be it further

 RESOLVED, that the Chairman of the Ulster County Legislature is hereby

authorized to execute the agreement with the New York State Office of Emergency

Management, in the form as filed with the Clerk of the Ulster County Legislature, or

as modified with the approval of the County Attorney; and, be it further

 RESOLVED, that the 2014-2019 Capital Program is hereby amended as

follows:

ADD

Capital Project No. 406 Flood Remediation Hurricane Irene and Tropical Storm Lee

 $6,558,566.00

and, be it further 

- Page 4 -

 Resolution No. 98 March 18, 2014

Authorizing The Chair Of The Ulster County Legislature To

Execute An Agreement, And Any Amendments Thereto, With The

New York State Office of Emergency Management For The

Purchase And Remediation Of Flooded Homes Damaged During

Hurricane Irene And Tropical Storm Lee – Establishing Capital

Project No. 406 – Amending The 2014-2019 Ulster County Capital

Program– Department Of Emergency Communications/Emergency

Management

RESOLVED, that Capital Project No. 406 is hereby established and the

Capital Fund is hereby amended as follows:

INCREASE

H4-0406-2901 Land Acquisition $4,621,916.00

H4-0406-2962 Engineering Fees $ 118,800.00

H4-0406-2909 Project Inspection Fees $ 194,250.00

H4-0406-2902 Demolition and Removal $1,140,000.00

H4-0406-2911 Construction and Project Improvement $ 92,500.00

H4-0406-2978 Miscellaneous $ 391,100.00

(App. #’s)

H3-0406-2797 Other Local Government Revenue $6,558,566.00

(Rev. #)

and, be it further

 RESOLVED, if funding for this program is eliminated, the program will be

eliminated as well,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

 AYES: 23 NOES: 0 

- Page 5 -

 Resolution No. 98 March 18, 2014

Authorizing The Chair Of The Ulster County Legislature To

Execute An Agreement, And Any Amendments Thereto, With The

New York State Office of Emergency Management For The

Purchase And Remediation Of Flooded Homes Damaged During

Hurricane Irene And Tropical Storm Lee – Establishing Capital

Project No. 406 – Amending The 2014-2019 Ulster County Capital

Program– Department Of Emergency Communications/Emergency

Management

Passed Committee: Public Works and Capital Projects on March 6, 2014

Passed Committee: Law Enforcement and Public Safety on March 12, 2014

Passed Committee: Ways and Means on March 12, 2014

FINANCIAL IMPACT:

$6,558,566.00 – ADDITIONAL CAPITAL APPROPRIATION DOLLARS

$6,558,566.00 – ADDITIONAL STATE REVENUE DOLLARS

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