Tompkins County Legislature

Action Summary for Resolutions

Tuesday, June 4, 2019 5:30 PM
Legislature Chambers

Regular Agenda

Resolution No. 2019-112: Approve Funding Agreement Between County of Tompkins and Town of
Ulysses for PIN 3756.59 - Replacement of Cemetery Road Bridge Over Trumansburg Creek (BIN
3210360) (ID #8643)

RESULT: ADOPTED [UNANIMOUS]

MOVER: David McKenna, Member
SECONDER: Anne Koreman, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn
McBean-Clairborne, David McKenna, Glenn Morey, Martha Robertson,
Michael Sigler

WHEREAS, the Town of Ulysses (Sponsor) has been awarded a BridgeNY Project in the amount
of $981,850 for the replacement of Cemetery Road Bridge over Trumansburg Creek (BIN 3210360) in the
Town of Ulysses, Tompkins County, P.I.N. 3756.59 (the Project), and

WHEREAS, the Project is eligible for funding under Title 23 U.S. Code, as amended, and calls
for the apportionment of the costs of such program to be borne at the ratio of 95% federal funds and 5%
non-federal funds, and

WHEREAS, the County and Sponsor cooperatively maintain bridges, and the maintenance
responsibilities of the replacement structure do not change in accordance with State Highway Law, and

WHEREAS, the Sponsor executed agreements with New York State Department of
Transportation (NYSDOT) to design, let, and construct the Project, and advance the Project by making a
commitment of 100% of the costs of the Project or portions thereof, and shall receive 95%
reimbursement, and

WHEREAS, in accordance with past practice, typical cost sharing for the replacement of County
bridges on local roads is 80% County and 20% Town, and for a similar $981,850 local project, cost shares
would be 80% County ($785,480) and 20% Local ($196,370), and

WHEREAS, the BridgeNY funding program effectively reduces the bridge replacement cost to 5%
of the funding, in the amount of $49,093 for significant capital savings,

WHEREAS, the Highway Department (D Fund) has an adequate unassigned fund balance to cover
the estimated project 5% local share, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital,
and Personnel Committees, That the County Administrator be and hereby is authorized to execute an
Agreement with Town of Ulysses to fund reconstruction of the bridge in the amount of $49,093 and to
specify responsibilities for their continued cooperative maintenance,

RESOLVED, further, That the 2019-2023 Capital Program be amended to add the Cemetery Road

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

Bridge Replacement Project and reflect a total project cost/funding contribution from Tompkins County
of $49,093,

RESOLVED, further, That the Director of Finance is authorized to allocate $49,093 in fiscal year
2019 from the Highway Fund Balance to replacement of Cemetery Road Bridge Project Capital Account
(HZ5127.59239.51.27) as follows:

HZ FUND - HIGHWAY FACILITIES AND PROJECTS

Increase Revenue Account: HZ5127.45034551.27 - Interfund (D) $49,093
Increase Expense Account: HZ5127.59239.51.27 - Replacement of Cemetery Road Bridge $49,093
D FUND - COUNTY ROAD
Increase Expense Account: D5110.54802 - Contribution to Construction $49,093

SEQR ACTION: TYPE II-21

*********

Resolution No. 2019-113: Approve a Contract with LaBella Associates, DPC for Design Services for
PIN 3756. 52 - Replacement of Central Chapel Road Bridge (CR115) over Boice Creek (BIN
1046020), Town of Caroline (ID #8647)

RESULT: ADOPTED [UNANIMOUS]

MOVER: David McKenna, Member
SECONDER: Daniel Klein, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn
McBean-Clairborne, David McKenna, Glenn Morey, Martha Robertson,
Michael Sigler

WHEREAS, a BridgeNY Project for the Replacement of Central Chapel Road (CR115) over
Boice Creek (BIN 1046020) in the Town of Caroline, Tompkins County, P.I.N. 3756.52, (the Project) is
eligible for funding under Title 23 U.S. Code, as amended, calls for the apportionment of the costs of such
program to be borne at the ratio of 95% federal funds and 5% non-federal funds, and

WHEREAS, Tompkins County shall design, let, and construct the Project, and

WHEREAS, Tompkins County desires to advance the Project by making a commitment of 100%
of the costs of the Project or portions thereof, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and
Personnel Committees, That the Tompkins County Legislature hereby approves the above subject project,

RESOLVED, further, That the County’s 2019-2023 Capital Improvement Program be amended to
include the construction of the replacement of Central Chapel Road Bridge (CR115) over Boice Creek at
a total cost of $1,206,940, with an expected net local cost of $60,347 after receipt of grants and
contributions,

RESOLVED, further, That the Tompkins County Legislature authorizes Tompkins County to pay

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

in the first instance 100% of the costs of Design, ROW Incidentals and Acquisition, and Construction
phase work for the Project or portions thereof, with the understanding qualified costs may be eligible for
federal-aid, state-aid, or reimbursement from BridgeNY funds,

RESOLVED, further, That the sum of $1,206,940 is hereby appropriated from HZ5126.59239.
51.26 and made available to cover the cost of participation in the above phase(s) of the Project,

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

HQ Fund-Capital Reserves
Decrease Fund Balance HQ30909000 - Capital Res. Unassigned Fund Balance $ 205,800
Increase Expense Account HQ1698.54802 - Contribution to Construction $ 205,800

HZ Fund-Highway Fac & Projects Fund

Increase Revenue Account HZ5126.45034.51.26 - Interfund (H) $ 205,800
Increase Expense Account HZ5126.59239.51.26 - Central Chapel Rd Bridge $ 205,800

RESOLVED, further, That in the event Project costs not covered by federal-aid, state-aid, or
BridgeNY funding exceeds the amount appropriated above, the Tompkins County Legislature shall
convene as soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof,

RESOLVED, further, That Tompkins County hereby agrees construction of the Project shall begin
no later than twenty-four (24) months after award and the construction phase of the Project shall be
completed within thirty (30) months of commencing construction,

RESOLVED, further, That Tompkins County Administrator be and is hereby authorized to

execute on behalf of Tompkins County all necessary Agreements, certifications, and reimbursement
requests for federal-aid, state-aid, or BridgeNY funding with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the
administration of the Project and Tompkins County’s 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 therefor that are not so eligible,

RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreements in connection with the
Project,

RESOLVED, further, That this resolution shall take effect immediately.

SEQR ACTION: TYPE II-18

*********

Resolution No. 2019-114: Approve a Funding Agreement with New York State Department of
Transportation (NYSDOT) for PIN 3756.52 - Replacement of Central Chapel Road Bridge
(CR115) Over Boice Creek (BIN 1046020), Town of Caroline (ID #8649)

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

RESULT: ADOPTED [UNANIMOUS]

MOVER: David McKenna, Member
SECONDER: Daniel Klein, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn
McBean-Clairborne, David McKenna, Glenn Morey, Martha Robertson,
Michael Sigler

WHEREAS, a BridgeNY Project for the Replacement of Central Chapel Road Bridge (CR115)
over Boice Creek (BIN 1046020) in the Town of Caroline, Tompkins County, P.I.N. 3756.52, (the Project)
is eligible for funding under Title 23 U.S. Code, as amended, calls for the apportionment of the costs of
such program to be borne at the ratio of 95% federal funds and 5% non-federal funds, and

WHEREAS, Tompkins County shall design, let, and construct the Project, and

WHEREAS, Tompkins County desires to advance the Project by making a commitment of 100%
of the costs of the Project or portions thereof, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the

Tompkins County Legislature hereby approves the above subject project,

RESOLVED, further, That the Tompkins County Legislature authorizes Tompkins County to pay
in the first instance 100% of the costs of Design, ROW Incidentals and Acquisition, and Construction
phase work for the Project or portions thereof, with the understanding qualified costs may be eligible for
federal-aid, state-aid, or reimbursement from BridgeNY funds,

RESOLVED, further, That the sum of $1,206,940 is hereby appropriated from Central Chapel
Road Bridge - HZ5126.59239.51.26 and made available to cover the cost of participation in the above
phase(s) of the Project,

RESOLVED, further, That in the event Project costs not covered by federal-aid, state-aid, or
BridgeNY funding exceeds the amount appropriated above, the Tompkins County Legislature shall
convene as soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof,

RESOLVED, further, That Tompkins County hereby agrees construction of the Project shall begin
no later than twenty-four (24) months after award and the construction phase of the Project shall be
completed within thirty (30) months of commencing construction,

RESOLVED, further, That Tompkins County Administrator or designee be and is hereby

authorized to execute on behalf of Tompkins County all necessary Agreements, certifications, and
reimbursement requests for federal-aid, state-aid, or BridgeNY funding with the New York State
Department of Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and Tompkins County’s 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 therefor that are not so eligible,

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreements in connection with the
Project,

RESOLVED, further, That the Director of Finance be and hereby is authorized and directed to
make the following budget adjustments:
HQ Fund-Capital Reserves
Decrease Fund Balance HQ30909000 - Capital Res. Unassigned Fund Balance $ 205,800
Increase Expense Account HQ1698.54802 - Contribution to Construction $ 205,800

HZ Fund-Highway Fac & Projects Fund

Increase Revenue Account HZ5126.45034.51.26 - Interfund (H) $ 205,800
Increase Expense Account HZ5126.59239.51.26 - Central Chapel Rd Bridge $ 205,800

SEQR ACTION: TYPE II-18

*********

Resolution No. 2019-115: Approve a Contract with Barton & Loguidice, DPC for Design Services
for PIN 3756.53 - Replacement of Etna Lane Bridge (CR109) over Fall Creek (BIN 3314180), Town
of Dryden (ID #8650)

RESULT: ADOPTED [UNANIMOUS]

MOVER: David McKenna, Member
SECONDER: Michael Lane, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn
McBean-Clairborne, David McKenna, Glenn Morey, Martha Robertson,
Michael Sigler

WHEREAS, a BridgeNY Project for the replacement of CR109 Etna Lane Bridge over Fall Creek
(BIN 3314180) in the Town of Dryden, Tompkins County, P.I.N. 3756.53, (the Project) is eligible for
funding under Title 23 U.S. Code, as amended, calls for the apportionment of the costs of such program to
be borne at the ratio of 95% federal funds and 5% non-federal funds, and

WHEREAS, Tompkins County shall design, let, and construct the Project, and

WHEREAS, Tompkins County desires to advance the Project by making a commitment of 100%
of the costs of the Project or portions thereof, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and
Personnel Committees, That the Tompkins County Legislature hereby approves the above subject project,

RESOLVED, further, That the County’s 2019-2023 Capital Improvement Program be amended to
include the construction of the replacement of Etna Lane (CR109) Bridge over Fall Creek at a total cost
of $2,036,930, with an expected net local cost of $101,847 after receipt of grants and contributions,

RESOLVED, further, That the Tompkins County Legislature authorizes Tompkins County to pay

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

in the first instance 100% of the costs of Design, ROW Incidentals and Acquisition, and Construction
phase work for the Project or portions thereof, with the understanding qualified costs may be eligible for
federal-aid, state-aid, or reimbursement from BridgeNY funds,

RESOLVED, further, That the sum of $2,036,930 is hereby appropriated from

HZ5125.59239.51.25 and made available to cover the cost of participation in the above phase(s) of the
Project,

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

HQ Fund-Capital Reserves Fund

Decrease Fund Balance HQ30909000 - Capital Res. Unassigned Fund Balance $ 219,000
Increase Expense Account HQ1698.54802 - Contribution to Construction $ 219,000

HZ Fund-Highway Fac & Projects Fund

Increase Revenue Account HZ5125.45034.51.25 - Interfund (H) $ 219,000
Increase Expense Account HZ5125.59239.51.25 - Etna Lane Bridge $ 219,000

RESOLVED, further, That in the event Project costs not covered by federal-aid, state-aid, or
BridgeNY funding exceeds the amount appropriated above, the Tompkins County Legislature shall
convene as soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof,

RESOLVED, further, That Tompkins County hereby agrees construction of the Project shall begin
no later than twenty-four (24) months after award and the construction phase of the Project shall be
completed within thirty (30) months of commencing construction,

RESOLVED, further, That Tompkins County Administrator or designee be and is hereby

authorized to execute on behalf of Tompkins County all necessary Agreements, certifications, and
reimbursement requests for federal-aid, state-aid, or BridgeNY funding with the New York State
Department of Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and Tompkins County’s 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 therefor that are not so eligible,

RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreements in connection with the
Project,

RESOLVED, further, That this resolution shall take effect immediately.

SEQR ACTION: TYPE II-18

*********

Resolution No. 2019-116: Approve a Funding Agreement with New York State Department of
Transportation (NYSDOT) for PIN 3756.53 - Replacement of Etna Lane Bridge (CR109) over Fall
Creek (BIN 3314180), Town of Dryden (ID #8651)

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

RESULT: ADOPTED [UNANIMOUS]

MOVER: David McKenna, Member
SECONDER: Michael Lane, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Michael Lane, Leslyn
McBean-Clairborne, David McKenna, Glenn Morey, Martha Robertson,
Michael Sigler

WHEREAS, a BridgeNY Project for the replacement of CR109 Etna Lane over Fall Creek (BIN
3314180) in the Town of Dryden, Tompkins County, P.I.N. 3756.53, (the Project) is eligible for funding
under Title 23 U.S. Code, as amended, calls for the apportionment of the costs of such program to be
borne at the ratio of 95% federal funds and 5% non-federal funds, and

WHEREAS, Tompkins County shall design, let, and construct the Project, and

WHEREAS, Tompkins County desires to advance the Project by making a commitment of 100%
of the costs of the Project or portions thereof, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the

Tompkins County Legislature hereby approves the above subject project,

RESOLVED, further, That the Tompkins County Legislature authorizes Tompkins County to pay
in the first instance 100% of the costs of Design, ROW Incidentals and Acquisition, and Construction
phase work for the Project or portions thereof, with the understanding qualified costs may be eligible for
federal-aid, state-aid, or reimbursement from BridgeNY funds,

RESOLVED, further, That the sum of $2,036,930 is hereby appropriated from Etna Lane Bridge -
HZ5125.59239.51.25 and made available to cover the cost of participation in the above phase(s) of the
Project,

RESOLVED, further, That in the event Project costs not covered by federal-aid, state-aid, or
BridgeNY funding exceeds the amount appropriated above, the Tompkins County Legislature shall
convene as soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof,

RESOLVED, further, That Tompkins County hereby agrees construction of the Project shall begin
no later than twenty-four (24) months after award and the construction phase of the Project shall be
completed within thirty (30) months of commencing construction,

RESOLVED, further, That Tompkins County Administrator or designee be and is hereby

authorized to execute on behalf of Tompkins County all necessary Agreements, certifications, and
reimbursement requests for federal-aid, state-aid, or BridgeNY funding with the New York State
Department of Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and Tompkins County’s 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 therefor that are not so eligible,

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreements in connection with the
Project,

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

HQ Fund-Capital Reserves Fund

Decrease Fund Balance HQ30909000 - Capital Res. Unassigned Fund Balance $ 219,000
Increase Expense Account HQ1698.54802 - Contribution to Construction $ 219,000

HZ Fund-Highway Fac & Projects Fund

Increase Revenue Account HZ5125.45034.51.25 - Interfund (H) $ 219,000
Increase Expense Account HZ5125.59239.51.25 - Etna Lane Bridge $ 219,000

SEQR ACTION: TYPE II-18

*********

Resolution No. 2019-117: Urging the State Legislature and Governor Cuomo to Pass
Comprehensive Climate Legislation During the 2019 Legislative Term (ID #8677)

RESULT: RECOMMENDED [12 TO 1]

MOVER: Deborah Dawson, Member
SECONDER: Anne Koreman, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Daniel Klein, Anne Koreman, Leslyn McBean-Clairborne,
David McKenna, Glenn Morey, Martha Robertson
NAYS: Michael Sigler
AWAY: Michael Lane

WHEREAS, climate scientists worldwide are in near-unanimous agreement that the planet Earth
is warming rapidly and to a degree that is perilous to human civilization, to numerous species, and to the
global ecosystem, and

WHEREAS, human activity is a significant contributor to global warming, especially through the
accelerating combustion of fossil fuels that create carbon dioxide and other greenhouse gases as a
byproduct, and

WHEREAS, a prompt and major shift away from fossil fuels is a necessary cornerstone to any
meaningful response to climate change, and

WHEREAS, the New York State Climate and Community Protection Act (CCPA) has been
introduced in the Senate (S.2992) and Assembly (A.3876), spurred by joint legislative findings that
climate change is adversely affecting the economic well-being, public health, natural resources, and the
environment of the State, and

WHEREAS, the CCPA would establish a State goal to reduce greenhouse gas emissions from all

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

anthropogenic sources 100% over 1990 levels by the year 2050, with an incremental target of at least a 50
percent reduction in climate pollution by the year 2030, and

WHEREAS, the CCPA would require annual reporting of statewide greenhouse gas emission
levels from each and every type and source, establishing steadily decreasing emission limits set at 5 year
increments, developing a scoping plan designed to achieve those emission limits, promulgating rules and
regulations to ensure compliance with statewide emissions reduction limits, and requiring at least 50% of
electricity used in the State to be generated by renewable energy systems by 2030, and

WHEREAS, the New York State Climate Leadership Act (CLA) was introduced in the Senate
(S.1508-A, Part X) and Assembly (A.2008-A, Part X) as part of the 2019 Budget Bill, acknowledging the
findings of the United Nations Intergovernmental Panel on Climate Change and the international
scientific community that global temperatures must not be allowed to increase by more than two degrees
Celsius above preindustrial levels in order to avert the most damaging effects of a changing climate, and

WHEREAS, the CLA would commit the State to ensuring that 100% of the State’s electricity
would be generated by “clean sources” by 2040, that 70% of its electricity is generated by “renewable
sources” by 2030, and that the State is “on a path to becoming carbon neutral economy-wide as soon as
practicable”, and

WHEREAS, the CLA would require the creation of an energy roadmap, which would identify and
make recommendations on regulatory measures, clean energy programs, and other state actions and
policies that would ensure the attainment of statewide greenhouse gas emission goals (40% reduction
from 1990 levels by 2030) and carbon neutrality goals, and

WHEREAS, both the CCPA and the CLA recognize and seek to remedy the disproportionate
impacts of climate change on disadvantaged and vulnerable populations, and recognize that the inclusion
of all populations is an essential element of any successful climate action plan, and

WHEREAS, the purpose of both the CCPA and the CLA - to avert the most damaging effects of
anthropogenic climate change - is consistent with the energy goals of Tompkins County, as set forth in its
Comprehensive plan, its Energy Roadmap and Energy Strategy, and numerous other County initiatives
undertaken over the past decade, and

WHEREAS, there is disagreement among members of the scientific and energy activist
communities about the relative efficacy of the CCPA and CLA to achieve the greenhouse gas emissions
reduction levels and carbon neutrality goals necessary to avoid the most damaging effect of climate
change, and

WHEREAS, delay in addressing the root causes of climate change increases the risk of more, and
more frequent, catastrophic impacts on our economy, our environment, and our well-being, now therefore
be it

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

Committee, That the Tompkins County Legislature urges our representatives in the New York State
Senate and Assembly, and our Governor, to enact into law, as soon as possible, a comprehensive climate
protection act, ideally one that combines the most effective provisions of both the Climate and
Community Protection Act (S.2992/A.3876) and the Climate Leadership Act (S.1508-A/A.2008-A),

RESOLVED, further, That the State Senate and Assembly, the Governor, and the executive

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 4, 2019

agencies that oversee implementation of the State’s climate protection act closely monitor its efficacy and
take prompt future action to amend and improve it as relevant scientific advances suggest,

RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo;
Temporary President of the Senate Andrea Stewart-Cousins; Senators Phil Boyle, Pamela Helming,
Thomas O’Mara, and James Seward; Assembly Speaker Carl Heastie; Assembly Members Steve
Englebright and Barbara Lifton; and the New York State Association of Counties.
SEQR ACTION: TYPE II-26

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