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284.2002 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED TOWN OF QUEENSBURY ORDINANCE ENTITLED “ ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT RESOLUTION NO. 284.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Shore Colony Water District was established by the Town over forty (40) years ago and presently includes only forty-two (42) properties; and WHEREAS, The Town and District are now unable to measure the individual water usage of each property and so the amount budgeted annually by the Town to cover costs of the District are allocated equally among each of the 42 properties without regard to actual water usage; and WHEREAS, the New York State Department of Health (DOH) and Department of Environmental Conservation (DEC) have required significant improvements to the water processing and filtration system and procedures in the District, which have been implemented by the Town; and WHEREAS, the amount included in the year 2002 budget for the Town Water Department anticipated a certain reasonable level of service based on engineering information applicable at the time that the budget was prepared which was prior to the imposition of the additional requirements by DOH and DEC; and WHEREAS, implementation of the additional DOH and DEC requirements have resulted in significant unexpected cost increases which were not included in the year 2002 budget; and WHEREAS, the Town wishes to minimize the impact of these increased costs and has discussed various alternatives with the Town Water Superintendent; and WHEREAS, although the Town is hoping install water meters in the District as soon as possible, this cannot feasibly occur until the next budget year; and WHEREAS, the Town Board and the Town Water Superintendent believe that it is vital to take immediate action to limit the impact of the increased cost of operation of the District; and WHEREAS, pursuant to Town Law Section 198 (3) (c) the Town Board is empowered to adopt ordinances, rules and regulations for the operation of the water district and the use of water therein, and to provide for the enforcement thereof or for the punishment of violators; and WHEREAS, the following Ordinance shall apply to all Water Users in the Shore Colony Water District 1.WATER USE RESTRICTION – Use of water for outdoor purposes, including but not limited to: lawn and garden watering, car washing, swimming pool and pond filling, and filling of decorative fountains shall be permitted through the use of a hand-held hose only. No person, corporation or other entity, shall use or permit the use of District water for any outdoor purpose by any other means. 2.RESTORATION OF SERVICE- In any case where the water supply to any premises has been shut off for cause it shall be a violation for any person to restore such service without the permission of the Water Department. 3.DURATION - This rule shall remain in effect until specifically rescinded by the Town Board. 4.PENALTIES FOR OFFENSES – Non-compliance with or violation of this Ordinance shall constitute a Violation, punishable by a fine not to exceed $1000 per violation. In addition, the Town Board may discontinue the water service and cut off the water supply to any premises the owner or occupant of which has failed to comply with the provisions of this Ordinance. 5.ENFORCEMENT – This Ordinance may be enforced by the Water Department and/or by any Town Code Compliance Officer and may be prosecuted in Town Court. NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York 12804 on July 15, 2002 at 7:00 P.M. to hear all interested persons and take any necessary action provided by law concerning proposed Town Ordinance entitled, “ ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT”, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Ordinance in the manner provided by law. st Duly adopted this 1. day of July, 2002 by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None