Resolution Information
RESOLUTION TEXT +-
Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano
and Legislators Archer, Greene, Loughran, and Roberts), and The Ways and Means
Committee (Chairman Gerentine and Legislators Allen, Belfiglio, Briggs, Gregorius,
Maio, Maloney, and Richard Parete)
Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano,
and Deputy Chairman Peter M. Loughran offer the following:
WHEREAS, this resolution has been submitted by the County Executive on
behalf of the Department of Public Works; and
WHEREAS, Sections A3-4 (Y) and A2-6(A)(3) of the Administrative Code
provide that the Chairman of the Ulster County Legislature can, upon approval of the
County Legislature, enter into an intermunicipal agreement on behalf of the County
of Ulster; and
WHEREAS, pursuant to General Municipal Law, Section 119-n(a), the
definition of a municipal corporation includes a town; and
WHEREAS, the Wal-Mart Corporation (hereinafter referred to as “WALMART”) owns certain real property located at 7500 Route 209 Ellenville, New York
upon which it operates its commercial retail operation (hereinafter referred to as the
“STORE”); and
WHEREAS, the County granted a highway work permit dated September 13,
2011 under Section 136 of New York State’s Highway Law to WAL-MART that
provided for WAL-MART to improve Plank Road a/k/a County Road No. 128 to
include sidewalks as part of the construction of a commercial access road for the
Store; and
WHEREAS, WAL-MART posted a surety bond for performance of the work
in the amount of $15,000.00; and
WHEREAS, the Town and the Napanoch Fire District raised an issue with the
sidewal
WHEREAS, the agreed upon compromise provides for payment by WALMART to repair and reconstruct existing sidewalks in the hamlet of Napanoch by the
Town of Wawarsing and construction of shoulders in place of the required sidewalk
by the County as a condition for the release of the surety bond; and
WHEREAS, the Commissioner of the Ulster County Department of Public
Works requests that the Chairman of the Ulster County Legislature be authorized to
execute Inter-Municipal Agreement with the Town of Wawarsing that includes
payment by WAL-MART in the amount of $50,536.50 of which $31,396.50 will be
paid to the Town of Wawarsing and $19,140.00 will be paid to Ulster County; and
WHEREAS, based on the examination by the Ulster County Legislature, the
proposed work to be funded under this agreement has been determined to be a Type
II Action as defined under Sections 2.1and 4.5.3 of the County of Ulster’s State
Environmental Quality Review Act (SEQRA) Type II List which was adopted
pursuant to Resolution No. 118 dated April 20, 2010 pursuant to the regulations of
the New York State Department of Environmental Conservation; now, therefore be it
RESOLVED, that the Chairman of the Ulster County Legislature is authorized
to execute intermunicipal agreements, and any amendments thereto, with the Town
of Wawarsing that provides for the release of the surety bond in the amount of
$15,000.00 and payment in the total amount of $50,536.50 by the Wal-Mart
Corporation of which $31,396.50 will be utilized by the Town of Wawarsing for the
repair and rehabilitation of sidewalks in the hamlet of Napanoch, and $19,140.00
will be utilized by the County of Ulster for the construction of a shoulder along Plank
Road (County Route 128) in the hamlet of Napanoch,
and move its adoption.
ADOPTED BY THE FOLLOWING VOTE:
AYES: 23 NOES: 0
Passed Committee: Public Works and Capital Projects on May 7, 2015
Passed Committee: Ways and Means on May 13, 2015
FINANCIAL IMPACT:
$19,140.00 - ADDITIONAL 2015 REVENUE DOLLARS
STATE OF NEW YORK
ss:
COUNTY OF ULSTER
I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is
the original resolution adopted by the Ulster County Legislature on the 19th Day of May in the year Two Thousand and
Fifteen, and said resolution shall remain on file in the office of said clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 20th Day of May in
the year Two Thousand and Fifteen.
|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 May, 2015. 27
th Day of May, 2015.
|s| Victoria A. Fabella |s| Michael P. Hein
Victoria A. Fabella, Clerk Michael P. Hein, County Executive
Ulster County Legislature
Current Text: PDF
Updated: October 27, 2020
Votes on this Resolution
yes no abstained no voteVote to Adopt Resolution No. 216
Committee Vote to Adopt Resolution No. 216
Committee Vote to Adopt Resolution No. 216
Committee Vote to Adopt Resolution No. 216