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Tompkins County Legislature

Action Summary for Resolutions


Thursday, November 9, 2017 5:30 PM
Legislature Chambers

Regular Agenda

Resolution No. 2017-212: Adoption of 2018 Tompkins County Budget and 2018-2022 Tompkins
County Capital Program (ID #7401)

RESULT: ADOPTED [UNANIMOUS]


MOVER: James Dennis, Member
SECONDER: Glenn Morey, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

WHEREAS, the Recommended Budget for the year 2018 and the proposed 2018-2022 Capital
Program have been presented to the Legislature by the Budget Officer on September 5, 2017, and a
Tentative Budget for the year 2018 and the proposed 2018-2022 Capital Program were adopted by the
Legislature for public review on October 17, 2017, and a public hearing was held on October 30, 2017,
and all persons desiring to be heard concerning same have been heard, now therefore be it

RESOLVED, on recommendation of the Expanded Budget, Capital, and Personnel Committee,


That pursuant to Section 5.07 of the County Charter, the said proposed budget as amended is adopted,
subject to the correction of manifest errors by the Clerk of the Legislature and the Budget Officer, as the
budget of Tompkins County for the year 2018,

RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the
several amounts specified in such budget opposite each item of expenditure set forth in the column
adopted are appropriated for the objects and purposes specified, effective January 1, 2018,

RESOLVED, further, That the sum of $49,143,124 required to meet the local share of expenses
and costs of county government in Tompkins County for the fiscal year 2018 as set forth in the budget be
assessed against, levied upon, and collected from the taxable property of the nine towns and the city liable
therefore,

RESOLVED, further, That this change will result in an approximate tax-levy increase of 2.32%,
falling below the Tompkins County adjusted tax cap of 3.53% as calculated according to New York
States formula, an approximate tax rate of $6.58 per $1,000 of assessed value, which amounts to a rate
decrease of approximately 0.60%, and an increase of 2.87% in local spending,

RESOLVED, further, That this tax change will result in an increase of approximately $11.42 on a
median-priced home assessed in 2017 at $178,000,

RESOLVED, further, That pursuant to Section 5.07 of the County Charter, the said proposed
Capital Program as amended is adopted, subject to the correction of manifest errors by the Clerk of the
Legislature and Budget Officer, as the Capital Program of Tompkins County for the years 2018-2022.
SEQR ACTION: TYPE II-21

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

Resolution No. 2017-213: Authorizing Litigation Against Drug Manufacturers for Damages
Resulting from Abuse of Opioid Pharmaceuticals (ID #7388)

RESULT: ADOPTED [12 TO 2]


MOVER: Daniel Klein, Vice Chair
SECONDER: Anna Kelles, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Daniel
Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David
McKenna, Glenn Morey, Michael Sigler
NAYS: Dooley Kiefer, Shawna Black

WHEREAS, opioid manufacturers had prior knowledge of the risks of opioids abuse have misled
doctors and patients about the addictive nature of opioids, have misrepresented the dangers of opioids,
and have marketed opioids in a manner that promoted addiction, and

WHEREAS, opioid manufacturers, distributors, and promoters have been responsible for an
opioid epidemic that has harmed the citizens of Tompkins County and financially damaged the County
and its taxpayers, and

WHEREAS, it is appropriate that the County should recover damages from those parties that
have contributed and continue to contribute to County costs in the form of increased social services,
policing, treatment, incarceration, and other expenditures, and

WHEREAS, numerous New York Counties are pursuing legal action against opioid
manufacturers and others that have promoted the abuse of opioids, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the County


Attorney is hereby authorized to commence civil litigation against opioid manufacturers and others who
have harmed the County by promoting the abuse of opioids and to retain counsel to represent the County
in such litigation.
SEQR ACTION: TYPE II-20

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Consent Agenda

RESULT: ADOPTED [UNANIMOUS]


MOVER: Anna Kelles, Member
SECONDER: Michael Sigler, Member
AYES: Burbank, Chock, Dennis, John, Kelles, Kiefer, Klein, Lane, McBean-Clairborne,
Robertson, McKenna, Morey, Sigler, Black

Resolution No. 2017-214: Budget Adjustments - Various Community Development Block Grants
(CDBG) Activities Through the Use of Grant Funds and Program
Income Funds Generated from Previous CDBG Grants (ID #7393)

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding


$5,000 require Legislative approval, and

WHEREAS, the Tompkins County Department of Planning and Sustainability has received
funding from several multi-year Community Development Block Grants (CDBG) grants in 2014, 2015,
2016, and 2017, and

WHEREAS, the Tompkins County Department of Planning and Sustainability has Program
Income Funds that are generated from the repayment of loans from previous CDBG-funded Tompkins
County Homeownership Program loans, and

WHEREAS, Tompkins County, with the approval of the U.S. Department of Housing and Urban
Development (HUD), uses Program Income Funds for its contributions to the Community Housing
Development Fund, and

WHEREAS, the Tompkins County Legislature has previously approved the Homeownership, and
Community Housing Development Fund activities, and

WHEREAS, as a result of the multi-year grants, Program Income revenue, and delays in
Community Housing Development Fund projects, several adjustments to the 2017 budget are needed to
move the funds into the appropriate fiscal year for these activities, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That the Director of Finance is hereby authorized and directed to make the following budget
adjustments for 2017:

Revenue Title Amount Appropriation Title Amount


State CDBG 8688.44959 Federal Aid $229,870.48 8688.54400 Program $229,870.48
Grants Expense
State CDBG 8684.42411 Program Income $73,395.00 8684.54400 Program $180,000.00
Program Income Expense

SEQR ACTION: TYPE II-20

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Resolution No. 2017-215: Authorization to Accept New York State Division of Criminal Justice
(NYSDCJS) Crime Prevention Grant Funding - Sheriff's Office (ID
#7371)

WHEREAS, the Sheriffs Office has been awarded funding through the New York State Division
of Criminal Justice Services (DCJS) Office of Program Development and Funding in the amount of
$7,500 for the contract period of October 1, 2017, to September 30, 2018, to assist in law enforcement
and crime prevention services in Tompkins County, and

WHEREAS, these funds will be used to replace Road Patrol digital cameras to enhance the
departments response to the community, now therefore be it

RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accept
these grant funds for the purpose of procuring the aforementioned departmental equipment,

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

RESOLVED, further, That the Finance Director be and hereby is authorized to make the
following budget adjustments for 2017:

REVENUE: 3113.44389 Other Public Safety Revenue $7,500


APPROPRIATION: 3113.52220 Departmental Equipment $7,500

SEQR ACTION: TYPE II-20

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Regular Agenda

Resolution No. 2017-216: Authorization to Enter into an Arrangement with JP Morgan Chase to
Provide Tompkins County with Credit by way of a Commercial Card
Account (ID #7391)

RESULT: ADOPTED [12 TO 2]


MOVER: Daniel Klein, Vice Chair
SECONDER: Rich John, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Dooley Kiefer, Daniel
Klein, Michael Lane, Martha Robertson, David McKenna, Glenn Morey,
Michael Sigler, Shawna Black
NAYS: Anna Kelles, Leslyn McBean-Clairborne

WHEREAS the Finance Department has researched the benefits and costs of implementing a
Procurement Card (P-Card) program, and

WHEREAS the Finance Department, under the direction of the Government Operations
Committee, issued a Request for Proposals, and

WHEREAS five (5) responses were received and were reviewed by a committee comprised of
members from the Finance Department, Accounting and Purchasing Divisions, the Information
Technology Services Department, and County Administration, and

WHEREAS upon conclusion of the demonstrations requested from three (3) of the responding
vendors, the Committee determined that the program offered by JP Morgan Chase would be the most
beneficial to the County, and

WHEREAS Tompkins County has the power and authority to borrow money and otherwise
obtain credit and to grant security on its assets, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That:

1. Tompkins County is hereby authorized to enter into an arrangement with JP Morgan


Chase to provide Tompkins County with credit by way of a Commercial Card account.
Under that arrangement select employees, determined eligible by their department head
and the Finance Office of Tompkins County, may be issued with Commercial Cards on
the MasterCard commercial account of Tompkins County with the Bank, and Tompkins

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

County shall be responsible for the payment of all amounts in full, including fees and
interest charged to such account, substantially on the terms and conditions set forth in the
draft Commercial Card Agreement; and

2. The County Administrator, or his designee, is hereby authorized to sign for and on behalf
of Tompkins County a Commercial Card Agreement with the Bank substantially on the
terms and conditions of the draft Commercial Card Agreement, with such changes or
modifications as the person(s) so signing may in their/his sole discretion deem
appropriate, and to sign such other documents and do such other things as they/he in
their/his sole discretion deem appropriate or advisable in connection with or to give effect
to such Corporate MasterCard Account Agreement and the program contemplated
thereunder.
SEQR ACTION: TYPE II-20

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Resolution No. 2017-217: Resolution in Support of New York State Legislature Bills S26 and A4072
of 2017, known as the Tax Returns Uniformly Made Public Act (ID
#7372)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Dooley Kiefer, Member
SECONDER: Daniel Klein, Vice Chair
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

WHEREAS, tax returns give the American people an important insight into a candidates
financial standing and shine a light on potential conflicts of interest, and

WHEREAS, American presidents, congresswomen and men, state governors, state comptrollers,
and state attorney generals should be held to a high standard of transparency, and

WHEREAS, until the 2016 election, every president at least since the 1970s has released one year
of tax returns before taking office, and

WHEREAS, New York State Legislature Bills S26 and A4072 requires that at least 50 days
before the general election a candidate for President or Vice President publicly release his/her five most
recent Federal income tax returns, and

WHEREAS, S26 and A7042 include the remedy for failure to comply of not allowing the
candidates name to appear on the official ballot for the general election, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins


County Legislature expresses its support for New York State Legislature Bills S26 and A4072 of 2017,
known as the tax returns uniformly made public act,

RESOLVED, further, That it should go further and include candidates for New York State

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

Governor, New York State Comptroller and Attorney General, and New York State Congresswomen and
men,

RESOLVED, further, That copies of this resolution be sent to New York State Assemblywoman
Lifton, New York State Senators OMara, Seward, and Helming, Governor Cuomo, New York State
Assembly Speaker Heastie, New York State Assembly Minority Leader Kolb, New York State Senate
Majority Leader Flanagan, New York State Senate Democratic Conference Leader Stewart-Cousins, and
New York State Senate Independent Democratic Conference Leader Klein.
SEQR ACTION: TYPE II-20

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Resolution No. 2017-218: Award of Two-Year Forestry Services Contract For County-Owned Forest
Lands in the Town of Newfield (ID #7394)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Martha Robertson, Member
SECONDER: David McKenna, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, David McKenna, Glenn Morey, Shawna Black
EXCUSED: Michael Sigler

WHEREAS, the Tompkins County Department of Finance duly advertised a Request for
Qualifications for forestry services in the Town of Newfield, and

WHEREAS, three responses were received and Forecon Forestry and Natural Resources
Consultants (Forecon) was selected as the preferred firm to assist the County in assessing County forest
land and managing a timber harvest, and

WHEREAS, Forecon recommends timber harvests be bid over two seasons so as to allow for
highest potential rate of return and compliance with the harvest recommendations in the County Forest
Management Plan, and

WHEREAS, a two-year contract with Forecon would be required to allow for a timber harvest that
could span two seasons, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That a contract be authorized for two years with Forecon Forestry and Natural Resources
Consulting of Cortland, New York, for a total of fifteen thousand dollars ($15,000),

RESOLVED, further, That the County Administrator or his designee be authorized to execute any
contracts or agreements related to this project,

RESOLVED, further, That the contract will take into account management of old growth
according to the Countys 2007 Plan.
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Action Summary for Resolutions
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Resolution No. 2017-219: Affirming Ithaca-Tompkins County Transportation Council (ITCTC)


Recommendation to Increase the ITCTC Staff Director's Salary (ID
#7396)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Martha Robertson, Member
SECONDER: Dooley Kiefer, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, David McKenna, Glenn Morey, Shawna Black
EXCUSED: Michael Sigler

WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca-
Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that ..staff will be
hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by
the Council [with] staffing plan, staff qualifications and salary schedule established by the Council, and

WHEREAS, Board Resolution No. 99 of 1993 Clarification of Employment Status - Position of Ithaca-
Tompkins County Transportation Council Planning Director stated the following:

the position of Ithaca-Tompkins County Transportation Council Planning Director shall be entitled to the
terms and conditions of employment established by this [County] Board for management employees unless
otherwise recommended by the Council and established by this [County] Board of Representatives, and

WHEREAS, on March 14, 2000, the Directors salary was modified by ITCTC resolution 2000-01
above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the
necessary administrative procedures to implement this modification, and

WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution
No. 6 Affirming Ithaca-Tompkins County Transportation Council (ITCTC) recommendation to establish the
ITCTC Planning Director's salary above the salary range, and

WHEREAS, on October 24, 2017, the ITCTC passed Resolution 2017-06 to adjust the salary of the
Staff Director, effective January 1, 2018, by 2.25%, and

WHEREAS, in keeping with the Countys requirement that salaries established above the salary range
be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are
contrary to the terms and conditions of employment for management staff, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That the Tompkins County Board affirm the 2.25% increase of the salary for the Ithaca-Tompkins
County Transportation Council Planning Director to a total of $89,583, effective January 1, 2018, as approved by
the Ithaca-Tompkins County Transportation Council.
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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

Resolution No. 2017-220: Resolution of the Tompkins County Legislature, as the Elected
Legislative Body of Tompkins County, New York, in Accordance with
Section 147(f) of the Internal Revenue Code of 1986, as Amended (the
"Code"), Approving the Issuance by the Tompkins County
Development Corporation of up to $13,500,000 Aggregate Principal
Amount Tax-Exempt Revenue Bonds (Ithacare Center Service
Company, Inc. [dba Longview]), Series 2017 (ID #7390)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Martha Robertson, Member
SECONDER: Anna Kelles, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, David McKenna, Glenn Morey, Shawna Black
EXCUSED: Michael Sigler

WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body
of Tompkins County, New York (the "County"), has been advised by the Tompkins County Development
Corporation (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below)
for the benefit of Ithacare Center Service Company, Inc. (the "Company), a not-for-profit corporation and
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the
"Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax-Exempt
Revenue Bonds (Ithacare Center Service Company, Inc. Project), Series 2017 in one or more series, in an
aggregate principal amount not to exceed $13,500,000 (the "Bonds"), and

WHEREAS, the project (the "Project") shall consist principally of financing all or a portion of the
cost of:

(1) the refinancing of the outstanding principal amount $14,600,000 Tompkins County
Industrial Development Agency (the "IDA") Variable Rate Demand Civic Facility Revenue
Bonds (Ithacare Center Service Company, Inc. Project), Series 2008 (the "Series 2008
Bonds"), the proceeds of which were used to provide funds to the Company to undertake a
certain project (the "Project"), consisting of: (A) the refunding of the IDAs $11,350,000
original principal amount Civic Facility Revenue Bonds (FHA Insured Mortgage-Ithacare
Center Service Company, Inc. Project), Series 1997 (the "1997 Bonds"), the proceeds of
which were used to finance (i) the acquisition, construction, and equipping on approximately
28 acres of land located at 1 Bella Vista Drive (also known as 980 Danby Road), in the Town
of Ithaca, Tompkins County, New York (the "Land") of an approximately 129,700 square-foot
licensed adult home and HUD-approved assisted-living facility (the "Existing
Improvements") and (ii) the acquisition and installation in and around the Existing
Improvements of certain items of machinery, equipment, furniture, and other tangible
personal property (the "Existing Equipment"); (B) the acquisition, construction, and
equipping on the Land of an approximately 24,700 square-foot expansion to the Existing
Improvements to house an additional thirty-two (32) residential care beds and related
improvements (the "Improvements"); (C) the acquisition and installation in and around the
Existing Improvements and Improvements of certain items of machinery, equipment,
furniture, and other tangible personal property (the "Equipment"; and, collectively with the
Land, the Existing Improvements and the Improvements, the "Facility"); (D) the funding of a

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

debt service reserve fund to secure the 2008 Bonds; (E) the payment of certain costs and
expenses incidental to the issuance of the 2008 Bonds (the costs associated with items (A)
through (E) above being hereinafter collectively referred to as the "2008 Project Costs"); and
(F) the lease (with an obligation to purchase) or sale of the facilities financed with the 2008
Bonds to the Company; and

(2) the funding of a debt service reserve fund, if any and certain costs incidental to the issuance
of the Bonds (the costs associated with items (A) and (B) being hereinafter collectively referred
to as the "Project Costs"), and

WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to
(i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs
incidental to the issuance of the Bonds, and

WHEREAS, pursuant to Section 147(f) of the Code, interest on the Bonds will not be excluded
from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the
Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location
of the facilities financed therewith has been conducted following reasonable public notice, and

WHEREAS, Wednesday, November 1, 2017, at the South Hill Business Campus, 950 Danby
Road, Ithaca, New York 14850, the Issuer held such a public hearing upon proper notice in compliance
with Section 147(f) of the Code, and

WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the
members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial
assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal on October 17,
2017, along with the affidavit of publication of such newspaper; and (c) the minutes of such public
hearing held on November 1, 2017, and

WHEREAS, on November 2, 2017, the Tompkins County Planning, Development and


Environmental Quality Committee recommended that the Legislature, as the "applicable elected
representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code,
approve the issuance of the Bonds, and

WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected
representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code,
desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the
Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the
"State") or any political subdivision thereof, including without limitation the County, and neither the State
nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now
therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, and by the County Legislature of Tompkins County, That:

Section 1. For the purpose of satisfying the approval requirement of Section 147(f) of the
Code, on the prior recommendation of the Tompkins County Planning, Development and Environmental
Quality Committee, the Legislature hereby gives its approval of the issuance by the Issuer of the Bonds
and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium
(if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the

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Action Summary for Resolutions
Tompkins County Legislature
Thursday, November 9, 2017

State or any political subdivision thereof, including without limitation the County, and neither the State
nor any political subdivision thereof, including without limitation the County, shall be liable thereon.
This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the
interest payable on the Bonds for exclusion from gross income for federal income tax purposes pursuant
to the provisions of Sections 103 and 141-150 of the Code.

Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the
Bonds.

Section 3. This Resolution shall take effect immediately.


SEQR ACTION: TYPE II-20

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