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), The Energy and

Environment Committee (Chairman R. Parete and Legislators Bartels, Heppner,

Lapp, and Wawro), 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 offered by the County Executive on

behalf of the Department of Planning; and

WHEREAS, the County of Ulster (hereinafter the “County”) pursuant to its

environmental policy to obtain one-hundred percent (100%) of its electricity from

renewable sources, seeks to benefit from a solar array, which will offset

approximately twenty-seven percent (27%) of its electricity use; and

 WHEREAS, the County entered into a Power Purchase Agreement with

SolarCity Corporation (hereinafter “SolarCity”) regarding the purchase and sale of

solar generated electric energy from a solar array; and

 WHEREAS, the Power Purchase Agreement between SolarCity and the

County is subject to the County acquiring a real property interest in the real property

located on Frank Sottile Boulevard in the Town of Ulster, County of Ulster, State of

New York (SBL No.: 48.12-1-21.200); and

 WHEREAS, the Ulster County Resource Recovery Agency (hereinafter

“UCRRA”) is the fee owner of a 29.10 acre parcel designated as SBL No. 48.12-1-

21.200 and located on Frank Sottile Boulevard in the Town of Ulster, County of

Ulster, State of New York (hereinafter the “Parcel”), which said Parcel previously

served as a regional landfill for the UCRRA until its closure; and

 WHEREAS, the United States Environmental Protection agency (hereinafter

the “EPA”) has cited the Parcel as a suitable location for a solar array; and 

 WHEREAS, UCRRA expressed its support for the County’s solar project at

the former Town of Ulster Landfill when UCRRA’s Board of Directors unanimously

adopted Resolution No. 2354, entitled “A Resolution Expressing the Ulster County

Resource Recovery Agency’s Support for Ulster County’s Solar Energy Project at

the Former Landfill located on Frank Sottile Boulevard in the Town of Ulster;” and

 WHEREAS, the conveyance, dated and recorded on May 18, 1993, conveying

the Town of Ulster Landfill from the Town of Ulster to UCRRA contained an option

to repurchase/reverter in favor of the Town of Ulster; and

 WHEREAS, the Town of Ulster Town Board adopted a resolution, entitled

“Resolution Authorizing Supervisor to Sign Release of Reverter/Option to

Repurchase,” in which the Town of Ulster Supervisor or his designee is authorized to

execute all instruments releasing the Town of Ulster’s reverter/option to repurchase

in the real property designated as SBL No. 48.12-1-21.200 and located at 1951 Frank

Sottile Boulevard in the Town of Ulster, County of Ulster, and State of New York;

and

 WHEREAS, the Ulster County Legislature as lead agency under NYCRR Part

617 of the State Environmental Quality Review Act (SEQRA) has determined that

the project is an unlisted action; and

 WHEREAS, the Ulster County Legislature as lead agency has conducted a

coordinated review, and pursuant to Resolution No. 341 of July 19, 2016 adopted and

issued a negative declaration, and as such, has determined that the Project will not

have a significant effect on the environment; now therefore, be it

RESOLVED, that the Ulster County Legislature hereby authorizes the

Chairman of the Ulster County Legislature to execute, on behalf of the County, any

and all documents related to the conveyance of the subject real property interest as

f

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: Public Works and Capital Projects on July 7, 2016

Passed Committee: Energy and Environment on July 11, 2016

Passed Committee: Ways and Means on July 12, 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