Referred to: Energy and Environment Committee (Chairman R. Parete and

Legislators Bartels, Heppner, Lapp and Wawro), and The Ways and Means

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

Maio and Maloney)

Legislator John Parete offers the following:

WHEREAS, a significant amount of debris regularly accumulates in a specific

location in the Esopus Creek in the Town of Shandaken, commonly referred to as

“The Strainer”; and

WHEREAS, the Strainer has claimed a number of lives over the years, most

recently the life of young Ms. Jordyn Engler on September 5, 2015; and

WHEREAS, in recognition of the seriousness of the issue and as a

precautionary measure in anticipation flooding expected from Hurricane Joaquin,

Governor Cuomo took advantage of an emergency declaration made by the New

York State Department of Environmental Conservation (DEC) and directed the

National Guard to remove the Strainer debris from the creek; and

WHEREAS, the strainer debris, while removed from the water, was deposited

on the bank of the creek; and

WHEREAS, by the adoption of Resolution No. 84 of 1964, the Ulster County

Board of Supervisors, having determined that the conservation of soil and water

resources and the control and prevention of flooding and sediment damage are

problems of public concern in the county and that there is need, in the interest of the

public health, safety and welfare, created the Ulster County Soil and Water

Conservation District; and

WHEREAS, on October 8, 2015, at the request of the Legislature, a

representative of the Ulster County Soil and Water Conservation District visited the

site of the Str

WHEREAS, on December 9, 2015 the Ulster County Legislature approved

budget amendment No. 16 delegating $20,000.00 in contingency funding in the 2016

Ulster County Budget to the Ulster County Soil and Water Conservation District for

the permanent removal of Strainer debris from the Esopus Creek in Shandaken, as

well as critical area seeding, and monitoring of the NYS DEC Fishing Access points;

and

WHEREAS, this funding will be applied to the Ulster County Soil and Water

Conservation District for the 2016 fiscal year; now, therefore, be it

RESOLVED, that the 2016 Ulster County Budget is hereby amended as

follows:

TRANSFER

FROM AMOUNT

AA.1990.1331-4600.4660 Contingent Account $20,000.00

(App. #)

TO AMOUNT

AA.8710.3601-4600.4660 Conservation $20,000.00

(App. #)

and, be it further

 RESOLVED, the Commissioner of Finance is hereby authorized to make any

and all budget adjustments necessary to transfer and appropriate the funds from

contingency into the appropriate budget lines as indicated above; and, be it further

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

authorized to execute an agreement in the amount of $20,000 with the Ulster County

Soil and Water Conservation District, to provide permanent removal of Strainer

debris from the Esopus Creek in Shandaken, as well as critical area seeding, and

monitoring of the NYS DEC Fishing Access points, in the form as filed with the

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

Legislative Counsel in consultation with the County Attorney,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Lopez left at 7:19 PM)

Passed Committee: Energy and Environment on March 7, 2016

Passed Committee: Ways and Means on March 8, 2016

FINANCIAL IMPACT:

$20,000.00 – TRANSFER FROM CONTINGENT ACCOUNT- 2016 BUDGETED

COUNTY 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 15th Day of March 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 March

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 March, 2016. 23rd Day of March, 2016.

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

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

Ulster County Legislature