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

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

and Rodriguez), and The Energy and Environment Committee (Chairman R. Parete

and Legislators Bartels, Heppner, Lapp, and Wawro)

Chairman of the Economic Development Committee, James F. Maloney, and Deputy

Chairman Hector Rodriguez offer the following:

WHEREAS, this resolution has been offered by the County Executive on

behalf of the Department of Planning; and

WHEREAS, pursuant to Resolution No. 481 of December 15, 2015 the

County of Ulster (hereinafter the “County”) established itself as lead agency for the

purposes of the obtaining a property interest on the closed landfill now owned by the

Ulster County Resource Recovery Agency (hereinafter “UCRRA”) located in the

Town of Ulster, County of Ulster, State of New York at 1951 Frank Sottile

Boulevard, and designated as SBL No.: 48.12-1-21.200 (hereinafter the “Parcel”), in

order to provide for construction of a solar facility at this location; and

WHEREAS, the County working with SolarCity Corporation (hereinafter

“SolarCity”) and its consultants as part of its outreach to all of the involved agencies

including UCRRA, the New York State Department of Environmental Conservation,

the New York State Historic Preservation Office, and the Town of Ulster Planning

Board, has prepared a work plan for the construction of the solar facility that includes

an analysis of impacts associated with construction of the solar facility on the Parcel;

and

W

WHEREAS, the County has addressed all SEQRA issues as identified,

considered and examined by the Involved and Interested Agencies and members of

the public in conducting the environmental review and in so doing, has taken a hard

look at said areas and made a determination of non-¬significance under SEQRA

(“Negative Declaration”), a copy of which is annexed to this Resolution and made a

part hereof; now, therefore, be it

RESOLVED, that pursuant to 6 NYCRR Part 617 et seq. of the Regulations of

Article 8 of the Environmental Conservation Law of New York State (SEQRA), the

Ulster County Legislature hereby adopts and issues a Negative Declaration under

SEQRA for the construction of a solar facility and associated property interest to the

County on the UCRRA closed landfill located in the Town of Ulster, County of

Ulster, State of New York at 1951 Frank Sottile Boulevard (SBL No.: 48.12-1-

21.200) and; be it further

RESOLVED, that the Clerk of the Legislature shall file this Resolution and

accompanying Negative Declaration with the Involved and Interested Agencies as

enumerated in the Negative Declaration; and, be it further

RESOLVED, that the adoption of the Negative Declaration shall constitute the

SEQRA Decision of approval for the construction of the solar facility and obtaining

the necessary property interest by the County to allow for the construction of a solar

facility at the UCRRA closed landfill located in the Town of Ulster, County of

Ulster, State of New York at 1951 Frank Sottile Boulevard (SBL No.: 48.12-1-

21.200) and all of the actions associated with such project, together with all plans and

documents associated therewith,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 20 NOES: 0

(Absent: Legislators Fabiano, R. Parete and

Roberts) 

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

Transit on July 5, 2016

Passed Committee: Energy and Environment on July 11, 2016

FINANCIAL IMPACT:

NONE

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 July 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 July 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 July, 2016. 22nd Day of July, 2016.

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

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

Ulster County Legislature