TOWN OF BETHANY
RESOLUTION No. 14-2023
RESOLUTION DECLARING LOCAL STATE OF
EMERGENCY FOR WATER SERVICES
Adopted: December 27, 2023
The Town Board of the Town of Bethany met at an end of the year board meeting at the Town Offices of the Town of Bethany on the 27th day of December 2023, commencing at 7:00 p.m., at which time and place the following members were:
Present:
Supervisor Carl Hyde, Jr.
Councilman Jeffrey Fluker
Councilman Timothy Embt
Councilman Steven Wells
Councilman Diane Fowler
Absent:——-
WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article7, 104 of the Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and
WHEREAS, Town of Bethany Water District No. 5 as a project that had been previously approved by the Town of Bethany and the individuals within said proposed district, who would receive service as of January 25, 2021; and
WHEREAS, that as a result of the COVID emergency, costs escalated between the time the project was originally proposed and the time the project was to be bid following approval by the New York State Comptroller’s Office-causing the estimated costs of the project to increase from $16 million
to $20 million; and
WHEREAS, As a result of that increase, the Town of Bethany no longer had the authority, either by way of Bond Resolution passed by the Town of Bethany or by the State Comptroller’s Office. As a
result, the project has since become dormant. The Town continued to attempt to find alternate forms of
funding and continued to diligently work on behalf of the community, and.
WHEREAS, during the spring, summer, fall and winter of 2023, the southeastern portion of Genesee County, including the Town of Bethany, experienced severe drought conditions; and
WHEREAS, as a result of such severe drought conditions approximately one hundred (100)
residences within the Town of Bethany, including two (2) dairy farms which house approximately four-
thousand (4000) head of cattle, completely lost all water services; and that said dairy facilities have been
hauling sixty thousand (60,000) gallons of water per day to meet the needs of their livestock; and
WHEREAS, the Town Board of the Town of Bethany has determined that the inability to provide
water services to the affected parcels imperils the public health and safety; and
WHEREAS, based on the determination that the inability to provide water service to the affected
parcels imperils the public health and safety. The Town Board of the Town of Bethany, through Town
Supervisor, Carl Hyde Jr., has found it to be in the best interest of the Town of Bethany to declare a local
state of emergency due to the drought conditions pursuant to 24(1) of the New York State Executive Law; and
WHEREAS. as a result of the severe drought all 8 farms with cattle are now hauling water either to supplement their well short falls or their well failures. This is not a sustainable practice nor expense that
farms can endure for a prolonged period of time; and
WHEREAS, due to lack of water in ponds, streams, etc. because of the severe drought conditions
the ability for the fire department to fight fires is extremely hampered. Water for fighting fires must now
be trucked into Bethany at 3500 gallons per truck load from 8-10 miles away from surrounding towns; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Town Board of the Town of Bethany hereby declares a local state of emergency due to the drought conditions present in Genesee County and the Town of Bethany pursuant to 24(1) of the New York State Executive Law; and be it further:
RESOLVED, that further pursuant to 24(1) of the New York State Executive Law, said local state of emergency shall be in full force and effect for a period of thirty (30) days or until rescinded by the
Town Supervisor, whichever occurs first; and be it further
RESOLVED, that further pursuant to 24(1) of the New York State Executive Law, the Town
Supervisor may issue additional declarations extending the local state of emergency for additional periods not to exceed thirty (30) days until the emergency ceases or is abated; and be it further
RESOLVED, that pursuant to 24(2) of the New York State Executive Law, this resolution shall
be published in a newspaper of general circulation within the Town of Bethany and transmitted to radio and television media for publication and broadcast; and be it further
RESOLVED, that pursuant to 24(3) of the New York State Executive Law, this resolution shall
be executed in quadruplicate and within seventy-two (72) hours of execution shall be filed in the Town of
Bethany Town Clerk’s Office, the Genesee County Clerk’s Office, the office of the Secretary of State, and
the State Office of Emergency Management within the Division of Homeland Security and Emergency
Services; and be it further
RESOLVED, that the declaration of a local state of emergency shall be effective immediately upon
adoption of this resolution
DATED: December 27, 2023
TOWN BOARD OF THE TOWN OF BETHANY
The question of the adoption of the foregoing resolution (declaring a local state of emergency for water
services) was duly put to vote on a roll call, which resulted as follows:
AYES: Carl Hyde, Tim Embt, Diane Fowler, Steve Wells and Jeff Fluke
NAYS: 0;
ABSENT:0
Shauna Klump, Town Clerk
Town of Bethany
The foregoing resolution was thereupon declared duly adopted.