2021-05-10
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
~ Minutes ~ Joseph Paoloni
(845)297-5772
Monday, May 10, 2021 7:00 PM Town Hall
I. Call to Order
Attendee Name Organization Title Status Arrived
Richard Thurston Town of Wappinger Supervisor Present 7:00 PM
William H. Beale Town of Wappinger Councilman Present 7:00 PM
Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM
Christopher Phillips Town of Wappinger Councilman Present 7:00 PM
Al Casella Town of Wappinger Councilman Present 7:00 PM
Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM
Tom Harvey Consultant Engineer Present 7:00 PM
James Horan Consultant Attorney Present 7:00 PM
II. Salute to the Flag
III. Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Acknowledge Minutes
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
3. Supervisor's Comments
Supervisor Thurston gave a statistical update of the Town and County COVID cases and
vaccination data. The contact number for vaccinations is (845) 486-3555
4. Financial Summary Overview
Town of Wappinger Page 1 Printed 5/20/2021
Regular MeetingMinutesMay 10, 2021
Comptroller Awino provided a financial update as follows:
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Regular MeetingMinutesMay 10, 2021
IV.Public Portion
1. Motion To: Open Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Close Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
V.Discussions
1. SWMP Annual Report - Walter Artus
Walter Artus presented information on the SWMP annual report which ensures we meet the
guidelines of the MS4 program.
2. Motion To: Purchase the needed Highway Vehicles out of Fund Balance to be Eventually
reimbursed by Bonding
The Superintendent of Highways appeared before the board and explained the need for more
vehicles. They agreed to ask bond counsel to draft a bond resolution at the next meeting, but will
purchase out of fund balance to expedite the purchase. REVISED MEMO
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Regular MeetingMinutesMay 10, 2021
Original Memo
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Regular MeetingMinutesMay 10, 2021
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
VI. Resolutions
RESOLUTION: 2021-77
Town of Wappinger Page 5 Printed 5/20/2021
Regular MeetingMinutesMay 10, 2021
Proclamation Taiwanese American Heritage Week
WHEREAS, America has been continually renewed and enriched by the many different
people who choose to come here and become our fellow citizens; and
WHEREAS, each person brings a part of his or her own heritage, which over time
becomes part of our common heritage; and
WHEREAS, many generations of Asian Americans have helped make America the
cultural melting pot it is today; and
WHEREAS, there are over 500,000 Taiwanese Americans in the United States, with
1,350 Asian Americans living in the Town of Wappinger a significant portion of those residents
are Taiwanese; and
WHEREAS, Taiwanese Americans have succeeded as successful and notable artists,
Nobel Laureate scientists, researchers, business leaders, human rights activists and community
leaders; and
WHEREAS, Taiwanese Americans are very proud of their roots and of their vital role in
the continued growth of our nation; and
WHEREAS, Taiwan is a sovereign, independent country but continues to be
WHEREAS, Taiwan and the United States share a common commitment of the ideals of
democracy, freedom and human rights; and
WHEREAS, the United States provides safety and security guarantees to Taiwan for the
preservation of its democracy and due to American sup
strives for participation in international organizations, such as the World Health Organization
and the United Nations; and
WHEREAS, Taiwanese American Heritage Week recognizes the longstanding
friendship between the United States and Taiwan and this observance provides an opportunity
for all Americans to learn more about the contributions of men and women from Taiwan have
made to our nation and to the world at large; and
WHEREAS during the current corona virus pandemic, the country of Taiwan and
Taiwanese Americans have donated millions of masks and Personal Protective Equipment to
hospitals and organizations in the U.S. and around the world, representing the spirit of generosity
that the Taiwanese people and Taiwanese Americans are known for; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Wappinger does hereby recognize and proclaim May 10, 2021 through May 14, 2021 as
ages all citizens to recognize our Taiwanese
heritage and the many contributions Taiwanese Americans have made to our country.
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Regular MeetingMinutesMay 10, 2021
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2021-77
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
May 10, 2021
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2021-78
Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding 1554-
1564 Route 9, Llc
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2018, 2019 and 2020 by 1554-1564 Route 9, LLC, regarding three
parcels of real property located at 1562-1566 Route 9; 1554-1560 Route 9 and 1564 Route 9 in
the Town of Wappinger, Tax -19-571157; 6158-19-590154 and 6158-19-593165,
seeking a reduction in the 2018, 2019 and 2020 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
these tax review proceedings; and
WHEREAS, the petitioner has agreed to waive any refund of Town taxes, including
Special District taxes, for the aforementioned years as part of a negotiated settlement; now,
therefore be it
RESOLVED, that the Town Board of the Town of Wappinger hereby approves a
settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2018,
2019 and 2020, as it pertains to:
1562-1566 Route 9, Tax Grid # 6158-19-571157
ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF
ROLL REDUCTION
2018 $525,200 $447,286 $77,914
2019 $525,200 $457,097 $68,103
2020 $525,200 $461,714 $63,486
1554-1560 Route 9, Tax Grid # 6158-19-590154
ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF
ROLL REDUCTION
2018 $629,200 $535,857 $93,343
2019 $629,200 $547,611 $81,589
2020 $629,200 $553,143 $76,057
1564 Route 9, Tax Grid # 6158-19-593165
ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF
ROLL REDUCTION
2018 $665,600 $566,857 $98,743
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Regular MeetingMinutesMay 10, 2021
2019 $665,600 $579,292 $86,308
2020 $665,600 $585,143 $80,457
; and be it further
RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq.,
Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary
and appropriate to effectuate the terms of this Resolution.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2021-78
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Voter
Dated: Wappingers Falls, New York
May 10, 2021
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2021-79
Resolu
WHEREAS, Section 5-1.31 of the New York State Sanitary Code requires public water suppliers
to implement a Cross Connection Control Program which requires the installation of protective
devices to prevent the backflow of sewage or chemicals into the potable water system; and
WHEREAS, it is in the best interests of the residents of the Town to adopt said Local Law; and
WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned
Local Law is a Type II action pursuant to 6 NYCRR § 617.5 (c) (26) and is otherwise exempt
from environmental review pursuant to the New York State Environmental Quality Review Act
NOW, THEREFORE, be it resolved, that the Town Board hereby introduces for adoption
BE IT FURTHER RESOLVED that the Town Board determines that the enactment of the
aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and, accordingly,
the Town Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA)
or pursuant to 6 NYCRR Part 617; and
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Regular MeetingMinutesMay 10, 2021
BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the
ll, 20 Middlebush Road, Wappingers Falls, New York
on the 14th day of June, 2021, at 7:00 p.m., and the Town Clerk is directed to post the Notice of
the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess
News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2021-79
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Voter
Dated: Wappingers Falls, New York
May 10, 2021
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2021-80
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2021-80
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Mover
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
May 10, 2021
Town of Wappinger Page 9 Printed 5/20/2021
Regular MeetingMinutesMay 10, 2021
The Resolution is hereby duly declared Adopted.
VII. Items for Special Consideration/New Business
1. National Clerk's Week Proclamation
Supervisor Thurston read the National Clerk's week proclamation.
Whereas, The Office of the Town Clerk, a time honored and vital part of local government exists
throughout the world and is among the oldest of public servants, and
Whereas, The Office of the Town Clerk provides the professional link between the residents, the
local governing bodies and agencies of government at other levels, and
Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,
rendering equal service to all.
Whereas, The Office of the Town Clerk serves as the information center on functions of local
government and community.
Whereas, Duly elected Wappinger Town Clerk Joseph P. Paoloni and his appointed Deputies
Cooper M. Leatherwood, Lauren T. Kalmancy, and Grace M. Robinson selflessly serve the
people of the Town of Wappinger with the upmost distinction that is appreciated by both
residents and officials, and
Whereas, it is most appropriate that the Town Board of the Town of Wappinger recognize the
accomplishments of die Office of die Town Clerk and all their work to bettering the Great Town
of Wappinger, and
Now, Therefore, I, Richard L. Thurston, Supervisor and die Councilmembers of the Town Board
of the Town of Wappinger, NY do hereby recognize the week of May 2 through May 8, 2021, as
Professional Municipal Clerks Week, and further extend appreciation to our Town Clerk Joseph
P. Paoloni and to all Professional Municipal Clerks
2. Motion To: Accept the SWMP Annual Report
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 10 Printed 5/20/2021
Regular MeetingMinutesMay 10, 2021
VIII.Executive Session -Contract and Personnel Issues
1. Motion To: Enter Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
IX. Last Minute Floor Motions Approved After Executive Session
1. Motion To: Appoint Richard Thurston as the Town's Marriage Officer
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
X.Adjournment
Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 10:40 PM.
____________________
Joseph P. Paoloni
Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Angela Bettina, Councilwoman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Town of Wappinger Page 11 Printed 5/20/2021
6.3.a
LOCAL LAW NO. ____ OF THE YEAR 2021
Town of Wappinger Cross Connection Control Law
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title.
This Local Law shall be known and cited as Town of Wappinger Local Law No. ____ of
Town of Wappinger Cross Connection Control Law.
Section II: Amendment of Chapter 234, Article VIII, Section 234-47 Cross-Connection
Chapter 234, Article VIII, Section 234-47 of the Town Code of the Town of Wappinger
is hereby amended to read as follows:
£ 234-47. Cross-connection control.
A. The purpose of this section is to safeguard the municipal water supply from potential
contamination by preventing backflow from a water user into the Town of Wappinger
municipal water supply system. The adoption of this section will enable the Town of
Wappinger to comply with the requirements of the New York State Sanitary Code, Part
5, Section 5-1.31, and, in some cases, supersede the requirements of the state code. The
safeguarding shall be accomplished by a requirement for the installation by the owner of
the premises of an approved air-gap separation, reduced-pressure zone (RPZ) device or
a double-check valve assembly (DCVA), as defined in this Chapter, consistent with the
degree of hazard posed by a service connection from the premises to the municipal water
supply system.
B. Facilities requiring cross-connection control devices as designated:
1. Hazardous facilities requiring air-gap separation or reduced-pressure zone (RPZ) device.
(a) Sewage and industrial wastewater treatment plants and pumping stations; sewer
flushers.
(b) Paper manufacturing or processing; dye plants; petroleum processing; printing plant;
chemical manufacturing or processing; industrial fluid systems; steam generation;
rubber processing; tanneries.
(c) Canneries; breweries; food processing; milk processing; ice manufacturing; meat
packers; poultry processing; rendering companies.
(d) Hospitals; clinics; laboratories; medical office buildings; veterinary hospitals;
mortuaries; embalmers.
Attachment: Cross Connection Local Law (RES-2021-79 : Resolution Introducing Proposed Local Law Entitled “Town Of Wappinger Cross
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(e) Airports; aircraft hangers; passenger and freight terminals; trucking terminals;
shipyards; marinas.
(f) Metal-plating; photo-processing; laundries; commercial car washes; commercial
refrigeration systems; dry-cleaning establishments.
(g) Commercial greenhouses; spraying and irrigation systems using weedicides or
herbicides; exterminators.
(h) Boiler systems; cooling towers or internal fire-fighting systems using conditioners,
inhibitors or corrosion-control chemicals (typically: apartment buildings, cooling
towers and warehouses).
(i) Residential units with lawn and irrigation system with chemical injection.
(j) Any building or premises on which there exists an auxiliary water supply which is not
separated from the municipal water supply system.
2. Aesthetically objectionable facilities requiring double-check valve assembly (DCVA).
(k) Customer fire-protection loops; fire storage tanks with no chemical additives.
(l) High-temperature potable water.
(m) Utilization of food-grade dyes.
(n) Complex plumbing systems in commercial buildings (typically: barbershops, beauty
salons, churches, apartment buildings, gas stations, supermarkets, nursing homes,
construction sites and carnivals).
(o) Residential units with lawn and irrigation systems.
(p) Industrial, commercial, professional and business facilities which receive a building
permit after the effective date of this chapter.
(q) Existing residential and nonresidential buildings containing an auxiliary water supply in
a separate piping system (i.e., a well) with no known cross-connection to the municipal
water supply system.
(r) Existing residential and nonresidential buildings containing an internal cross-
connection of any type to the municipal water supply system.
C. Nonhazardous facilities not requiring a cross-connection control device:
1. All residences, up to four units, except those containing an auxiliary water supply, an
internal cross-connection to a municipal water supply system or a lawn irrigation system.
2. All business, professional and commercial establishments, whose use of the municipal
water supply system is restricted to drinking and toilet purposes for employees and
customers, except those containing an auxiliary water supply, an internal cross-connection
to a municipal water supply system or a lawn or irrigation system service or water meters.
3. The Water Superintendent or designee with the assistance of the engineer for the Town
shall evaluate any facility which is not listed above and make a determination as to the
category and requirements for installation of a cross-connection protection device.
Attachment: Cross Connection Local Law (RES-2021-79 : Resolution Introducing Proposed Local Law Entitled “Town Of Wappinger Cross
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D.Approval of cross-connection control devices. The Water Superintendent or designee
with the assistance of the engineer for the Town shall have the responsibility for
approving each cross-connection control device, on the basis of catalog or other
professional information submitted to the Code Enforcement Officer. The installation
of an air-gap separation device, RPZ or DCVA requires prior plan approval from the
Dutchess County Health Department or the New York State Health Department prior
to installation, and documentation of such approval shall be provided to the Code
Enforcement Officer. The design and installation of an acceptable cross-connection
control device hookup must be in accordance with New York State laws and regulations.
E. Testing requirement.
1. The testing of every cross-connection control device required shall be performed on initial
installation and on an annual basis by a certified inspector, and the cost shall be borne by
the owner of the premises. The tests shall be performed by a New York State certified
tester on file with the Dutchess County Health Department.
2. The owner shall send a certified copy of all test results to the Code Enforcement Officer.
Residential dwellings of four units or less shall be exempt from this annual requirement, as
are certain businesses under subdivision B above.
3. Certifications of such tests, as well as records of repairs and overhaul of the devices, shall
be maintained at the premises for a period of 10 years and shall be made available to the
Code Enforcement Officer, as well as the Dutchess County and New York State Health
Departments, upon request. In the case of nonresidential buildings which are subject to
annual inspection by the Code Enforcement Officer, the Code Enforcement Officer shall
check the certification of the cross-connection control device by a certified inspector.
Section III. Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this
Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such
intention; that the Codifier shall make no substantive changes to this Local Law; that the word
codification; and that any such rearranging of the numbering and editing shall not affect the
validity of this Local Law or the provisions of the Code affected thereby.
Section IV. Severability.
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local
Law shall not affect the validity of any other part of this Local Law, which can be given effect
without such part or parts.
Attachment: Cross Connection Local Law (RES-2021-79 : Resolution Introducing Proposed Local Law Entitled “Town Of Wappinger Cross
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6.3.a
Section V. Effective Date.
This Local Law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Attachment: Cross Connection Local Law (RES-2021-79 : Resolution Introducing Proposed Local Law Entitled “Town Of Wappinger Cross
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6.3.b
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a
PUBLIC HEARING on the 14 day of June 2021, at 7:00 P.M. at the Town Hall, Town of Wappinger, 20
Middlebush Road, Wappingers Falls, 12590 at which time all parties in interest and citizens shall have an
opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a Local Law
No. Town of Wappinger Cross Connec
PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is
to establish rules and regulations governing the installation of water mains, service connections, service
lines, and other equipment, fixtures, and appurtenances in the Town of Wappinger Water Districts, and
any extensions thereof, and concerning other matters of the public water supply in the Town of
Wappinger so as to promote the safety, health, protection, and general welfare of persons and/or property
in the Town and to promote the exercise of due care and diligence in the operation and maintenance of the
public water supply system in the Town to insure compliance with the requirements of the New York
Department of Health State Sanitary Code, any requirements of the Dutchess County Department of
Health, and the requirements of any other governmental entity having jurisdiction over such matters with
respect to drinking water supplies and public water systems, and to prevent pollution and depletion of
such water supplies and systems.
PLEASE TAKE FURTHER NOTICE that the Proposed Action is an Unlisted Action pursuant
to Article 8 of the Environmental Conservation Law and pursuant to Part 617 NYCRR (commonly known
.
PLEASE TAKE FURTHER NOTICE that a copy of the proposed Local Law No. entitled
Is available for review and inspection at the Office
of the Town Clerk during regular office hours, at the Town Hall, Town Hall, 20 Middlebush Road,
Wappingers Falls, 12590 https://townofwappingerny.gov/
Dated: Wappingers Falls, New York
May 10, 2021
BY ORDER OF THE TOWN BOARD
______________________________________
JOSEPH P. PAOLONI, TOWN CLERK
Attachment: Cross Connection LL Notice of Public Hearing (RES-2021-79 : Resolution Introducing Proposed Local Law Entitled “Town Of
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Attachment: 2021-05-10 (RES-2021-80 : Correspondence Log)
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Attachment: 2021-05-10 (RES-2021-80 : Correspondence Log)
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Attachment: 2021-05-10 (RES-2021-80 : Correspondence Log)
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Attachment: 2021-05-10 (RES-2021-80 : Correspondence Log)
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Attachment: 2021-05-10 (RES-2021-80 : Correspondence Log)
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