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321.2005 RESOLUTION AUTHORIZING PURCHASE OF WATER BY ANITA SULLIVAN RESOLUTION NO.: 321.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Ms. Anita Sullivan recently rebuilt on property located at 3 Honeysuckle Lane in the Town of Queensbury, which is located in the Shore Colony Water District; and WHEREAS, Ms. Sullivan installed sod, which must be watered over a two week period in order to thrive and Shore Colony Water District Regulations do no permit watering sod by use of sprinkles; and WHEREAS, the Town Water Department has calculated that the amount of water required by Ms. Sullivan for a two week period from June 23, 2005 through and including July 7, 2005 will have a total cost to the District of $270. This is based on the total gallons to be used, factoring in labor, power and equipment per gallon based upon last year’s Shore Colony District production and usage; and WHEREAS, the Town wishes to forego any enforcement action based upon a violation of Shore Colony Water District Regulations and to instead allow Ms. Sullivan to pay $270, the fair value of the water to be used, in exchange for allowing her to use the Water District water during the off- peak hours of 2:00 a.m. to 4:00 a.m. for the two week period from June 23, 2005 through and including July 7, 2005 and that during this time she may use a sprinkler to deliver the water to the sod; and WHEREAS, it is the intention of the Water Department to revise the Water District Regulations to allow for similar agreements in the future so that Shore Colony Water District residents are treated equitably and consistently. NOW, THEREFORE BE IT RESOLVED that the Town of Queensbury Water Department is authorized to bill and to accept payment of $270 from Anita Sullivan as payment for water from the Shore Colony Water District for the period from June 23, 2005 through and including July 7, 2005. Such funds are to be applied to the benefit of the Shore Colony Water District; and BE IT FURTHER RESOLVED that in exchange for her payment of $270 the Town of Queensbury will forego any enforcement action against Anita Sullivan based upon her usage of water in violation of Shore Colony Water District Regulations for and in exchange for her agreement to pay the fair value of the water received; and BE IT FURTHER RESOLVED that Anita Sullivan shall be permitted to use a sprinkler to apply water to the sod at her residence located at 3 Honeysuckle Lane during the non-peak hours of 2:00 a.m. to 4:00 a.m. from June 23, 2005 through and including July 7, 2005. Duly adopted this 27th day of June 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner, Mr. Brewer