Referred to: 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 Public Works; and

 WHEREAS, a Project for the South Putt Corners Road Pavement, in the Town

of New Paltz, Ulster County, PIN 8759.90 (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 ration of 80% federal funds 20% non-federal funds,

and

 WHEREAS, the Project is eligible for New York State Marchiselli Aid, and if

this aid becomes available, then Ulster County’s financial obligation to the Project

may be diminished from its present 20% share to a 5% share; and

WHEREAS, Capital Project No. 336 was established pursuant to Resolution

No. 7, dated January 4, 2011, to provide authorization and funding for preliminary

engineering and right-of-way incidental work for the Project; and

WHEREAS, Resolution No. 315, dated December 18, 2012, amended the

Project to increase the Federal and non-federal share of costs for additional

preliminary engineering work and right-of-way incidentals; Resolution No. 433,

dated November 17, 2015 to provide authorization and funding for Right-Of-Way

Acquisition phase; Resolution No. 340, dated July 19, 2016 to provide authorization

for Acquisition of Right-of-Way Interests Over Certain Read Property; and

WHEREAS, the Ulster County Legislature approved and agreed to advance

the Project by committing 100% of the federal and non-federal shares of the costs of

preliminary engineering, right-of-way incidental work and right-of-way acquisition,

in the first instance; and 

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

commitment of 100% of the non-federal share of the costs of construction,

construction supervision and construction inspection; and

 WHEREAS, the Commissioner of Public Works requests funds from serial

bonds for the Project, PIN 8758.90 for the construction, construction supervision and

construction inspection phase in the amount of $3,435,000.00; and

 THEREFORE, the Ulster County Legislature, duly convened does hereby

RESOLVE, the South Putt Corners Road Pavement Project (PIN 8759.90)

constitute a Type II action under section 4.5.3 of the County of Ulster’s State

Environmental Quality Review Act (hereinafter “SEQRA”) Type II List that was

adopted in Resolution No. 118 on April 20, 2010; and, be it further,

RESOLVED, that the Ulster County Legislature hereby approves the further

progress of the above-subject Project; and it is hereby 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 it is

further

 RESOLVED, that the sum of $3,435,000.00 is appropriated from serial bond

funding and made available to cover the cost of participation in the construction,

construction supervision and construction inspection phase 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 County Executive thereof; and it is further

RESOLVED, that the Chairman of the Ulster County Legislature be and is

hereby authorized to execute all necessary Agreements, certifications or

reimbursement requests for Federal Aid and/or applicable Marchiselli Aid 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 and state-aid eligible

Project costs, and all Project costs within appropriations therefore that are not so

eligible; and it is further

 RESOLVED, that in addition to the Chairman of the Ulster County

Legislature, the following municipal titles: Commissioner of Public Works, County

Attorney, and Director of Purchasing, are also hereby authorized to execute any

necessary Agreements or certifications on behalf of the Municipality with NYSDOT

in connection with the advancement or approval of the Project identified in the

State/Local Agreement; and it is further

RESOLVED, that the Ulster County Commissioner of Finance is authorized

to make payments associated with the construction, construction supervision and

construction inspection; and it is further

RESOLVED, that a certified copy of this Resolution will be filed with the

New York State Commissioner of Transportation by attaching it to any necessary

Agreement in connection with the Project; and it is further

RESOLVED, that this Resolution shall take effect immediately.

 INCREASE AMOUNT

HH.5197.0336-2300.2550 Other Equipment & Capital Outlays $3,435,000.00

(App. #) Construction

 Capital Project No.336 

 INCREASE AMOUNT

HH.5197.0336-3400.4597 Federal Aid, Capital Highway Projects $2,748,000.00

HH.5197.0336-3300.3591 State Aid, Capital Highway Projects $ 515,250.00

HH.5197.0336-3500.5710 Serial Bond Proceeds $ 171,750.00

(Rev. #s)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Allen)

Passed Committee: Public Works and Capital Projects on June 7, 2017

Passed Committee: Ways and Means on June 12, 2017

FINANCIAL IMPACT:

$3,435,000.00 – CAPITAL PROJECT NO. 336 APPROPRIATIONS

$2,748,000.00 – REIMBURSABLE FROM FEDERAL FUNDS

$ 515,250.00 – REIMBURSABLE FROM STATE FUNDS

$ 171,750.00 – SERIAL BOND PROCEEDS 

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 20th Day of June in the year Two Thousand and

Seventeen, 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 22nd Day of June in

the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

22nd Day of June, 2017. 28th Day of June, 2017.

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

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

Ulster County Legislature