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2007-07-13 SPMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX: (845) 298-1478 Town of Wappinger Special Town Board Meeting July 13'', 2007 7:00 AM Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:00 AM Meeting called to order on July 13th, 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order II. Public Portion III. Resolutions 2007-144. Resolution Adopting Local Law No. of the Year 2007, "Mandatory Private Well Testing" in the Town of Wappinger IV. New Business V. Adjournment �1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Special Meeting townofwappinger.us Minutes — Chris Masterson Friday, July 13th, 2007 7:00 AM Town Hall im Call to Order Supervisor Ruggiero called the Meeting to order at 7:08 AM. Attendee Name Organization Title Status Arrived Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent Bettina Town of Wappinger Councilman Present Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Present Public Portion Supervisor Ruggiero opened the floor to public comment at 7:09 AM. There were no comments. Councilman Beale stated that there are three parts of this law that need to be defined. He listed six different municipalities that had well testing laws and told the buyer -seller relationship in each case. He mentioned that he has been speaking to people in the real estate profession and is not sure that the Town should be placing the responsibility on the purchaser. Councilman Bettina stated that he feels this is a step in the right direction. He does not support placing the responsibility on the back of the current resident. He feels it should be paid for by the resident that is coming into the Town. Councilman Beale next commented on the topic of residential rental property. He stated that there needs to be an amendment to include residential rental properties. Discussion followed. Al Roberts, Attorney to the Town, recommended adopting the current version and revisiting at a later time to make the amendment to paragraph 2(a) to include the item Councilman Beale is referring to. Discussion about how residential rental properties would be covered followed. Al Roberts, Attorney to the Town, commented that there is a consensus to adopt the Law as drafted. He estimates that the Law covers 98-99.5% of the residential properties in the Town. There are other rare situations such as those brought up by Councilman Beale. He recommended adopting the Local Law as is, and he will prepare proposals and scenarios to address the situation. The impression that Councilman Beale originally had is that renters of single family residential rental properties would be covered by a well test every three years. Councilman Paoloni felt that single family residential rental properties should be treated as single family residences and be required to test the wells at the sell of the home. Discussion followed. Supervisor Ruggiero cited an example in which he had access to information about the water quality at his townhouse complex due to his position with the Town. With the passing of this Law, the average citizen will be informed about the quality of their drinking water. Councilman Beale asked if the Town had the authority to make requirements regarding time limits for the well tests. Mr. Roberts explained that this will become another component to be required before the closing of the house. Brokers will ensure that the test occurs before the closing. Mike Tremper, of CAMO Pollution control, explained the process of testing water. He stated that the test will cost between $400 and $600. Councilman Bettina recommended holding a public information session regarding the changes that the Law will bring about. Discussion followed. Resolutions RESOLUTION: 2007-144 Resolution Adopting Local Law No. 8 of the Year 2007, "Mandatory Private Well Testing" In the Town of Wappinger WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2007, Mandatory Private Well Testing" in the Town of Wappinger; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and Town of Wappinger Page 1 Printed 7/27/2007 Special Meeting Minutes July 13, 2007 the Poughkeepsie Journal, the official newspapers of the Town of Wappinger; and WHEREAS, the Public Hearing was held on July 9th, 2007, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to SEQRA and the Town's Environmental Quality Review Law and has filed a Short Form EAF; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No.8 of the Year 2007 entitled "Local Law No. 8 of the Year 2007, Mandatory Private Well Testing in the Town of Wappinger", a copy of which is attached hereto and made part of this Resolution. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2007-144 Yes/Aye No/Nay Abstain Absent ® Adopted Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended William Beale Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York July 13' , 2007 The Resolution is hereby duly declared adopted. IV. New Business 1. Councilman Beale New Business Councilman Beale asked for the Board to reconsider Resolution 2007-141. Supervisor Ruggiero replied that it will be on a future Town Board Agenda. 2. Councilman Paoloni New Business Councilman Paoloni brought up a conversation that he had with a resident of All Angels Hill Road. The resident complained that the new blacktop on Widmer Road, near the intersection of All Angels Hill Road, is of low quality and is crumbling. Graham Foster, Town Highway Superintendent, will go out to check on the road. V. Adjournment 1. Motion To: adjourn at 7:53 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Maureen McCarthy, Councilwoman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Beale, Bettina, McCarthy, Paoloni The Meeting Adjourned at 10:02 PM. 20-ttt�� J n C. M sterson Town Clerk Town of Wappinger Page 2 Printed 7/27/2007 T-1 f LOCAL LAW NO.8 OF THE YEAR 2007 A Local Law entitled "Local Law No. 8 of the Year 2007, entitled "Mandatory Private Well Testing" in the Town of Wappinger. 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. 8 of the Year 2007, entitled "Mandatory Private Well Testing" in the Town of Wappinger. The adoption hereof shall create a new Article XII in Chapter 234 in the Town of Wappinger Code and shall also create a new fee and fine provision in Chapter 122 of the Code. Section II: Legislative Intent. The Town Board of the Town of Wappinger enacts this Local Law to establish water quality standards for residential and non-residential private water sources not otherwise regulated by Part 5 of the New, York State Sanitary Code for the protection of and for the health, safety and welfare of the residents of the Town of Wappinger. Section III: Chapter 234: Article XII - Mandatory Private Well Testing. The Town hereby adopts a new Article XII in Chapter 234 to the Code of the Town of Wappinger to read as follows: "CHAPTER 234 — Article XII MANDATORY PRIVATE WELL TESTING § Title. This Chapter shall be known as "Mandatory Private Well Testing". - 1 - § Legislative Background and Statement of Purpose. 1. This Chapter is enacted pursuant to the powers vested in the Town of Wappinger by Municipal Home Rule Law §10, Town Law §130(5) and Public Health Law §§302, 308 and 347. l .c. 2. The Town Board of the Town of Wappinger enacts this Local Law for purposes of requiring mandatory private well testing for all properties in the Town of Wappinger that rely on a private water supply which is utilized for purposes of human consumption. It is also the purpose of this law to establish minimum water quality standards for private water sources servicing residential and non-residential properties, and to mandate water testing standards to assure purchasers and tenants of residential and non residential properties serviced by private wells that the water supplied to these properties will be potable and free from harmful contaminants. These water quality standards will also apply to multi -family residential properties and commercial properties not otherwise subject to regulation and testing pursuant to Part 5 of the New York State Sanitary Code. The water test results shall be filed with the Town of Wappinger Building Department and the Dutchess County Health Department and will also serve as a data base for identifying potential problem areas of contamination within the Town. § Definitions. The following words and terms when used in this Chapter shall have the following meanings unless the context clearly indicates otherwise: 1. General Definitions: A. Community Water System -- A public water system which serves at least five (5) service connections used by year round residents or regularly serves at least twenty (25) year round residents, as defined in §5-1.1 of the New York State Sanitary Code. -2- B. Multi -Family Residential Rental Property -- Residential property containing three (3) or more rental units. C. Non -Community Water System -- A public water system that is not a community water system, as defined in §5-1.1 of the New York State Sanitary Code. D. Non -Residential Building -- Any structure which is wholly or partially used or intended to be used and occupied for commercial purposes, including, but not limited to, office buildings, stores, markets, shops and malls engaged in retail sales, marinas, restaurants, clubs, gas stations, or car dealerships, etc. which establishments have a water system intended for human consumption. E. Non -Transient Non -Community Water System -- A public water system that is not a community water system but is a subset of a non -community water system that regularly serves at least twenty-five (25) of the same people, four (4) hours or more per day, for four (4) or more days per week, for twenty-six (26) or more weeks per year, as defined in §5-1.1 of the New York State Sanitary Code. F. Potable Water -- Water suitable for drinking and fit for human consumption in accordance with standards established by the Dutchess County Department of Health and the New York State Department of Health. G. Private Water Supply -- Any water supply utilized for the purposes of human consumption not identified as a public water supply by Article 5 of this Code or by Part 5 of the New York State Sanitary Code. H. Public Water System -- A community or non -community or non -transient non- community water system which provides water to the public for human consumption through pipes or other constructed conveyances if such system has at least five (5) service connections or regularly serves an average of least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes: (i) collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used with such system; and (ii) collection or pre-treatment storage facilities not under such control which are used with such system. I. Purchaser -- Purchaser and Buyer shall have the same meaning and shall mean a Purchaser or Buyer of real estate pursuant to a written contract. J. Residential Property -- Any owner occupied one or two family dwelling unit(s). -3- K. Residential Rental Property -- Any "dwelling" or "dwelling unit" [as those terms are defined in Article 21 of the Dutchess County Sanitary Code at Section 21.1(G) and 21.1 (H)] which is non -owner occupied and for which rent or consideration is periodically paid to the owner and otherwise does not constitute a multi -family residential real property. L. Seller and Purchaser -- Shall include both male and female and be considered single or plural depending on the context. The Terms shall also mean include legal entities and organizations. M. Tenant -- Any person or entity who leases property for either residential or commercial purposes. N. Wappinger Well Testing Protocol -- Standards, procedures, test parameters and maximum contaminant levels for all well water used for human consumption in the Town of Wappinger. O. Well -- Privately owned well used to supply potable drinking water to residential premises or non-residential establishments; it does not include wells that supply water pursuant to §5-1.1 of New York State Sanitary Code as a Community Water System or a Non -Community Water System. P. This Law hereby adopts the definitions contained in the New York State Sanitary Code Part 5 and contained in the Town of Wappinger Code as the same maybe amended hereafter from time to time. § . Well Testing. 1. Residential Properties: A. Well Testing is hereby required for all one and two family residential properties which are provided with water from a private water supply. Such well testing must occur prior to a sale or exchange of the property. The purchaser shall be responsible for the cost of such testing. B. A copy of the certified test results shall be sent to the parties and shall be filed with the Town of Wappinger Building Department and the Dutchess County Health Department and shall be valid for thirty-six (3 6) months and maybe used for subsequent sale/purchases or exchanges within said thirty-six (36) month period. -4- 2. Multi -Family and Non -Residential Properties: A. Multi -family and non-residential properties not otherwise exempted under this Local Law shall be required to test their private wells within twelve (12) months of the effective date of this Local Law, or prior to a sale of the property. A copy of the certified test results shall be sent to the parties, tenants or occupants and shall be filed with the Town of Wappinger Building Department and the Dutchess County Health Department and shall be valid for a three (3) year period. At the end of the three (3) year period, a new well test shall be required. Proof of notification that the certified test results were sent to the parties, tenants or occupants shall be filed with the Town of Wappinger Building Department. § Required Tests. 1. Each water sample shall be analyzed in accordance with the Wappinger Well Testing Protocol (the Protocol) made a part of this Local Law, copies of which shall be kept on file with the Town Clerk. The Town Board reserves the right to amend the Wappinger Well Testing Protocol by Resolution. 2. Analytic testing and collection with proper chain of custody shall be performed by a New York State certified laboratory and shall conform to the rules and regulations of the New York State Department of Health. 3. The required test parameters will have the same maximum contaminant levels as set forth in Part 5 of the New York State Sanitary Code for public water supplies. 4. Copies of the test results shall be sent to the parties, tenants or occupants and shall be filed with the Town of Wappinger Building Department and a copy forwarded to the -5- Dutchess County Department of Health. Tests results shall also be available for public inspection and reproduction in the same manner as other public documents. 5. In the event any remediation is undertaken and a new well test is completed, the results thereof shall be filed with the Town of Wappinger Building Department. § . Exemption. 1. Any property which is serviced by a community and/or non -community water system as defined herein and in §5-1.1 of the New York State Sanitary Code which is already regulated and subject to testing shall be exempt from the requirements of this Chapter. 2. Except as hereabove required, property owners shall not be required to undertake well testing in connection with a mortgage refinancing involving no sale or exchange of the property. § . Enforcement. 1. The Town of Wappinger Director of Code Enforcement, Code Enforcement Officers, Zoning Administrator, Deputy Zoning Administrator and the Fire Inspector shall enforce the provisions of this Chapter. 2. The Town of Wappinger Building Department shall be prohibited from releasing the results of any Building Department or Certificate of Occupancy search, or report, or violation letter to either Buyer/Seller, title company or their agent, until the required certified test results have been filed with the Town Building Department. 3. Any property required pursuant to this Chapter to have well test results on file with the Town Building Department shall be ineligible for a Building Permit, Certificate of Occupancy/Certificate of Compliance, Site Plan review, subdivision review and/or ZBA -6 variance review or interpretation until the required certified test results have been filed in accordance with the provisions of this Chapter. § Penalties. 1. For each violation of a provision of this chapter the person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in Chapter 122, Article V, § of the Code. 2. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount set forth in Chapter 122, Article V § of the Code for each offense. 3. In addition to the above penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, and to recover the appropriate fines and penalties together with administrative fees and costs including attorney's fees and disbursements. Section VI: Amending "Chanter 122, FEES AND FINES." § 122-20 is hereby amended by the addition of a § 122-20 to read as follows: HE Chapter 234, Well Testing. 1. § fine: (a): $250.00 2. Civil Penalty (a) $250.00 -7- Section VII: Amending Chapter 234: Article XII. The original Article XII of Section 234 is now amended and re -numbered to read as follows: ARTICLE XIV Enforcement §234 - Responsibility for enforcement. This chapter will be enforced by the Director of Code Enforcement, the Code Enforcement Officers, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger. Section VIII: 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 to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section IX: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such -s- illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section X: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. -9-