Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Briggs and Legislators Allen, Archer, Litts, Maio, Maloney,

and Rodriguez), The Public Works and Capital Projects Committee (Chairman

Fabiano and Legislators Allen, Greene, Loughran and Roberts), The Ways and

Means Committee (Chairman Gerentine and Legislators Bartels, Briggs, Belfiglio,

Maio, Maloney, Provenzano and Rodriguez) and The Energy and Environment

Committee (Chairman Bartels and Legislators Greene, R. Parete, Ronk, and Wawro)

Chairman of the Economic Development, Tourism, Housing, Planning and Transit

Committe, Thomas J. Briggs, and Deputy Chairman James F. Maloney offer the

following:

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

behalf of the Department of Planning; and

WHEREAS, the Order on Consent - DEC Case No: D007-0001-11 (“the

Order ”) entered into between the New York City Department of Environmental

Protection (NYCDEP) and the New York State Department of Environmental

Conservation (DEC) provides for $290,000.00 in Environmental Benefit Projects

funds provided by NYCDEP to establish a fish stocking program on the Lower

Esopus, engage a technical review consultant to assist the Ashokan Release Working

Group (ARWG) to review and comment upon Draft Environmental Impact

Statements (DEIS) and to develop a Lower Esopus Creek Management Plan; and

WHEREAS, the Order also provides that Ulster County may act as fiscal

agent to manage this funding, by entering into an agreement with NYSDEC to do so,

and the County is willing to accept this role; now, therefore, be it

RESOLVED, that Capital Project No. 407 is hereby established and that the

2014 – 2019 Capital Program is amended as follows:

ADD

Capital Project No. 407 Lower Esopus Environmental Benefit Project

 $290,000.00 

- Page 2 -

 Resolution No. 99 March 18, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Execute A Cooperative Agreement With The New York State

Department Of Conservation For The Implementation Of

Environmental Benefit Projects On The Lower Esopus As Provided

For In The DEC Order On Consent - Amending The 2014-2019

Capital Program - Establishing Capital Project No. 407 - Lower

Esopus Environmental Benefits Project – Department Of Planning

and, be it further

RESOLVED, that the 2014 Capital Project Fund be amended as follows:

 INCREASE AMOUNT

H3-0407-2797 Other Local Government Revenue $290,000.00

(Rev.#) NYC Department of Environmental Agency

H4-0407-2974 Administration Costs $290,000.00

(App.#) Fish Stocking Program ($10,000.00)

 Technical Review Consultant ($80,000.00)

 Stream Management Plan ($200,000.00)

and, be it further

RESOLVED, the Chairman of the Ulster County Legislature is hereby

authorized to execute a Cooperative Agreement, and any amendments thereto, with

the NYSDEC (NYS CA No. D007-0001-11), in order for Ulster County to act as

fiscal agent to implement the Environmental Benefit Projects, in the form as filed

with the Clerk of the Legislature, or as modified with the approval of the County

Attorney;

and move its adoption

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0 

- Page 3 -

 Resolution No. 99 March 18, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Execute A Cooperative Agreement With The New York State

Department Of Conservation For The Implementation Of

Environmental Benefit Projects On The Lower Esopus As Provided

For In The DEC Order On Consent - Amending The 2014-2019

Capital Program - Establishing Capital Project No. 407 - Lower

Esopus Environmental Benefits Project – Department Of Planning

Passed Committee: Economic Development, Tourism, Housing, Planning and Transit

on March 4, 2014

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

Passed Committee: Ways and Means on March 12, 2014

Passed Committee: Energy and Environment on March 17, 2014

FINANCIAL IMPACT:

$290,000.00 – ADDITONAL CAPITAL PROJECT APPROPRIATIONS

$290,000.00 – ADDITIONAL REVENUES – NEW YORK CITY DEPARTMENT

 OF ENVIRONMENTAL PROTECTION 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