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

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

and Wishnick), 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, 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, a construction project for the Kingston Rail Trail, PIN 8758.04

(the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that

calls for the apportionment of the costs of such program to be borne at the ratio of

80% Federal funds and 20% non-federal funds (state dedicated funds); and

WHEREAS, Ulster County has established Capital Project No. 334 by

Resolution No. 58 on March 16, 2010, authorizing $140,000.00 for the participation

in the project, and amended the Capital Project to increase funding by Resolution No.

291 on August 19, 2014 to a total cost of $245,000.00; and

WHEREAS, Ulster County desires to advance the Project by making a

commitment of 100% of the non-federal share of the costs of preliminary engineering

and right-of-way incidental work; and

WHEREAS, as funded, the project constitutes a Type II action under section

4.2.2 of the County of Ulster’s State Environmental Quality Review Act (SEQRA)

Type II List that was adopted in Resolution No. 118 on April 20, 2010; and

WHEREAS, as per section 3 of the County’s Type II List, this action does not

pose a significant potential environmental impact and may be progressed as a Type II

action; and in

RESOLVED, that the Ulster County Legislature hereby approves the

preliminary engineering and right-of-way incidental work for this Project; and, be it

further

RESOLVED, that the Ulster County Legislature hereby authorizes Ulster

County to pay in the first instance 100% of the federal and non-federal share of the

cost of preliminary engineering and right-of-way incidental work for the Project or

portions thereof; and, be it further 

- Page 2 -

Resolution No. 293 August 19, 2014

Authorizing The Implementation And Funding In The First Instance

100% Of The Federal-Aid Eligible Costs Of A Transportation

Federal-Aid Project (Kingston Rail Trail), And Appropriating Funds

Therefor – Department Of Planning

RESOLVED, that the sum of $245,000.00 is hereby available from Capital

Project No. 334 to cover the cost of participation in the above phases of the Project;

and, be it further

RESOLVED, that in the event the full federal and non-federal share costs of

the project exceeds the amount appropriated above, the Ulster County Legislature

shall convene as soon as possible to appropriate said excess amount immediately

upon the notification by the County Executive thereof; and, it is further

RESOLVED, that the County Executive of Ulster County be and is hereby

authorized to execute the Federal-Aid Highway and Marchiselli-Aid Local Project

Agreement, in the form as filed with the Clerk of the Legislature or as modified with

the approval of the County Attorney, as well as all necessary additional agreements,

certifications or reimbursement requests for Federal Aid and/or applicable

Marchiselli Aid and any amendments thereto on behalf of Ulster County with the

New York State Department of Transportation in connection with the advancement

or approval of the Project and providing for the administration of the Project and the

municipality’s first instance funding of project costs and permanent funding of the

local share of federal-aid and state-aid eligible Project costs and all Project costs

within appropriations therefore that are not so eligible; and, be it further

RESOLVED, that in addition to the County Executive, the following

municipal titles: Director of Purchasing, Commissioner of Public Works and

Planning Director are also hereby authorized to execute any necessary Agreements or

certifications on behalf of the Municipality /Sponsor, with NYSDOT in connection

with the advancement or approval of the project identified in the State/Local

Agreement; and, be it further

RESOLVED, that a certified copy of this resolution be filed with the New

York State Commissioner of Transportation by attaching it to any necessary

Agreement in connection with the Project; and, be it further

RESOLVED, this Resolution shall take effect immediately,

and move its adoption. 

- Page 3 -

Resolution No. 293 August 19, 2014

Authorizing The Implementation And Funding In The First Instance

100% Of The Federal-Aid Eligible Costs Of A Transportation

Federal-Aid Project (Kingston Rail Trail), And Appropriating Funds

Therefor – Department Of Planning

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Fabiano)

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

Transit on August 5, 2014

Passed Committee: Ways and Means on August 6, 2014

Passed Committee: Public Works and Capital Projects on August 7, 2014

FINANCIAL IMPACT:

$245,000.00 – CAPITAL APPROPRIATIONS – 100% REIMBURSABLE

($196,000.00 – BUDGETED FEDERAL REVENUE DOLLARS $ 49,000.00 –

BUDGETED 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 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. 26

th Day of August, 2014.

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

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

Ulster County Legislature