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, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and

 WHEREAS, the Ulster County Legislature adopted Resolution No. 141 of

2015 thereby authorizing an agreement between Ulster County (hereinafter the

“County”) and the New York State Department of Transportation (hereinafter

“NYSDOT”) to fund design and right-of-way incidentals for the construction of the

Hudson Valley Rail Trail West: Phase 4, PIN 8761.21 (hereinafter the “Project”); and

WHEREAS, the Ulster County Legislature adopted Resolution No. 45 of 2016

pursuant to 6 NYCRR Part 617 et seq. of the Regulations of Article 8 of the

Environmental Conservation Law of New York State (hereinafter “SEQRA”) thereby

adopting and issuing a determination of non-significance under SEQRA (hereinafter

the “Negative Declaration”); and

WHEREAS, the Ulster County Legislature adopted Resolution No. 237 of

2016 thereby authorizing a supplemental agreement between the County and

NYSDOT to fund right-of-way acquisition for construction of the Project; and

WHEREAS, negotiations regarding the right-of-way acquisitions

(approximately six [6] permanent easements or fee takings, and one [1] temporary

easement) from the affected property owners for the Project have not yet been

completed; and

WHEREAS, the County intends to pursue all means to complete these

negotiations in a timely manner without necessitating legal measures, but must

provide for the contingency that the properties in question may need to be acquired

by eminent domain proceedings, as a last resort; and now be it 

RESOLVED, on the recommendation of the County’s Department of Planning

in coordination with the Chairman of the Legislature, the Ulster County Legislature

will conduct a public hearing pursuant to Section 201 of the Eminent Domain

Procedure Law at the County Office Building, 244 Fair Street, Kingston, NY 12401

on the 21st day of June, 2016 at 7:00 P.M.; and be it further

RESOLVED, that the purpose of said hearing is to inform the public and to

review the public use to be served by the Project’s construction, and the impact on

the environment and residents of the locality where said Project will be constructed;

and be it further

RESOLVED, that pursuant to Section 202 of the Eminent Domain Procedure

Law, the Clerk of the Legislature shall cause to be published at least ten but no more

than thirty days prior to said hearing a notice of same in at least five successive issues

of the Daily Freeman, a daily newspaper of general circulation, and in at least two

successive issues of the two official newspapers of the County of Ulster,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 21 NOES: 1

 (Noes: Legislator J. Parete)

 (Absent: Legislator Gerentine)

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

Transit on May 3, 2016

Passed Committee: Public Works and Capital Projects on May 5, 2016

Passed Committee: Ways and Means on May 10, 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 17th Day of May 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 18th Day of May in

the year Two Thousand and Sixteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature