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

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, Maio

and Rodriguez), 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, a Project for the Hudson Valley Rail Trail West: Phase 4, PIN

8761.21 (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; and

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

commitment of 100% of the non-federal share of the costs of right-of-way acquisition

work; now, therefore, be it

RESOLVED, the Ulster County Legislature herby hereby approves the rightof-way acquisition 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 right-of-way acquisition work for the Project or portions thereof; and be it

further

RESOLVED, that the sum of $84,835.00 is hereby appropriated and made

available from Capital Project No. 451 to cover the cost of participation in the above

phases 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 Ulster County Executive thereof; and it is further 

RESOLVED, that the Ulster County Executive be and is hereby authorized to

execute the Federal-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 any amendments thereto 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 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

Director of Planning—are also herby 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

Federal-Aid Local Project 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 Agreement in

connection with the Project; and it is further

RESOLVED, this Resolution shall take effect immediately,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Loughran)

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

Transit on April 5, 2016

Passed Committee: Public Works and Capital Projects on April 7, 2016

Passed Committee: Ways and Means on April 12, 2016

FINANCIAL IMPACT:

$84,835.00 – CAPITAL APPROPRIATIONS- 80% REIMBURSABLE ($67,868.00-

BUDGETED FEDERAL REVENUE DOLLARS, $16,967.00 COUNTY SHARE)

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 April 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 20th Day of April 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

21st Day of April, 2016. 29th Day of April, 2016.

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

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

Ulster County Legislature