Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Greene, Litts, Loughran, and Maloney), and The Ways and Means

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

Maio, and Maloney)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

WHEREAS, the County Executive has submitted this resolution on behalf of

the Department of Public Works; and

WHEREAS, a Project for Denning Road over the East Branch of the

Neversink Creek in the Town of Denning: the Bailey Bridge (BIN 3347090), PIN

8758.79 (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 ration

of 80% federal funds 20% non-federal funds; and

WHEREAS, the Project is eligible for New York State Marchiselli Aid, and if

this aid becomes available, then Ulster County’s financial obligation to the Project

will be diminished from its present 20% share to a 5% share; and

WHEREAS, Capital Project No. 260 was established pursuant to Resolution

#201, July 12, 2006, to provide authorization and funding for the Preliminary

Engineering and Right-of-Way Incidental Phase for the Bailey Bridge over the East

Branch of the Neversink River, in the Town of Denning; and

WHEREAS, the Ulster County Legislature approved and agreed to advance

the Project by committing 100% of the federal and non-federal shares of the costs of

preliminary engineering and right-of-way incidental work, in the first instance; and

WHEREAS, New York State Department of Transportation (NYSDOT) and

Federal Highway Administration (FHWA) standards and requirements have changed

since the scope of services agreement with C&S Companies (Ulster County’s

consultant for the project) was written in 2006, resulting in necessary additional work

not contemplated and an increase of $24,000.00; and

WHEREAS, preliminary and detailed design engineering are considered Type

II actions, pursuant to the County of Ulster’s Type II List Section 2.2.18 adopted in

accordance 6 NYCRR Part 617.5(b) of the State Environmental Quality Review Act

(SEQRA) by Resolution No. 118 dated April 20, 2010; 

WHEREAS, Ulster County desires to close-out the design phase of the Project

and design contract with C&S Companies by making a commitment of 100% of the

federal and non-federal share of the costs of Preliminary and Detailed Design; and

WHEREAS, the Commissioner of Public Works requests funds from serial

bonds for the Bailey Bridge over the East Branch of the Neversink River, in the

Town of Denning to complete the additional preliminary and detailed design

engineering for the Project in the amount of $24,000.00; now

THEREFORE, the Ulster County Legislature, duly convened does hereby

RESOLVE, that the Ulster County Legislature hereby approves the further

progress of the above-subject project; and it is hereby 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 the additional preliminary engineering and right-of-way incidentals work for

the Project or portions thereof; and it is hereby further

RESOLVED, that the sum of $24,000.00 is appropriated from serial bond

funding and made available to cover additional required preliminary and detailed

design engineering of the Project, and it is 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 all necessary Agreements, certifications or reimbursement

requests for Federal Aid and/or applicable Marchiselli Aid on behalf of Ulster

County with the New York State Department of Transportation (NYSDOT) 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 it is further

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

municipal titles: Commissioner of Public Works, County Engineer, County

Comptroller, and County Attorney are also hereby authorized to execute any

necessary Agreements or certifications on behalf of the Municipality with NYSDOT

in connection with the advancement or approval of the Project identified in the

State/Local Agreement, and it is further

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

York State Commissioner of Transportation by attaching it to any necessary

Agreement in connection with the Project, and it is further

RESOLVED, that the 2016 Ulster County Capital Fund Budget is hereby

amended as follows:

 AMEND CAPITAL PROGRAM AMOUNT

HH.5197.0260-4300.4355 Professional Services- Engineering $24,000.00

(App. #) Capital Project No.260

 Bailey Bridge

HH.5197.0260-3500-5710 Serial Bond Proceeds $24,000.00

(Rev. #s)

and it is further

RESOLVED, that this resolution shall take effect immediately,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 18 NOES: 0

(Absent: Legislators Briggs, Fabiano, Gerentine,

Maloney, and Roberts)

Passed Committee: Public Works and Capital Projects on February 4, 2016

Passed Committee: Ways and Means on February 9, 2016

FINANCIAL IMPACT:

$24,000.00 – CAPITAL PROJECT NO. 260 APPROPRIATION DOLLARS

$24,000.00 – COUNTY REVENUE – SERIAL BONDS

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 16th Day of February in the year Two Thousand and

Sixteen, 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 17th Day of

February in the year Two Thousand and Sixteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of February, 2016. 25

th Day of February, 2016.

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

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

Ulster County Legislature