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STATE OF EMERGENCY DECLARATION
EXECUTIVE ORDER NO. 2 OF 2020
March 23, 2020
A continued State of Emergency is hereby declared in the Town of Wallkill effective as of 12:00 a.m. on March 23, 2020.
WHEREAS, on January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern; and
WHEREAS, on January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the entire United States to aid the nation's healthcare community in responding to COVID-19; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and in particular, Orange County, New York and more are expected to be documented; and
WHEREAS, the existence of these conditions poses a real, immediate and continued danger to the health of our community, and which requires immediate measures to protect the lives, health and safety of the people in the Town of Wallkill, and
WHEREAS, the Town of Wallkill is addressing the threat that COVID-19 poses to the health and welfare of its residents and visitors; and
WHEREAS, pursuant to Section 103(4) of the General Municipal Law, the Town is authorized to forego the competitive bidding process when conditions exist whereby circumstances affecting public buildings, public property or the life, health or safety of the inhabitants of the Town of Wallkill require immediate action which cannot await the competitive bidding process to take place,
NOW, THEREFORE, I, Frank DenDanto III, Supervisor of the Town of Wallkill, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, hereby find, pursuant to Section 24 of Article 2-B of the Executive Law, that a disaster is impending in the Town of Wallkill, I do hereby declare a continued disaster emergency for the entire Town of Wallkill and issue an Executive Order as follows:
BY VIRTUE of the authority vested in me by Section 24(g) of Article 2-B of the Executive Law to temporarily suspend or modify any local law, ordinance, order, rule, or regulation, or parts thereof during a disaster emergency, if compliance with such local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster,
I FIND, that conditions exist that pose a threat to the public health, safety and environment and, due to the fact that immediate action may be required to perform emergency repairs and services, and procure goods and services to prevent loss of life, protect the public health and safety, such that the Town of Wallkill cannot wait for the competitive bidding process and/or local procurement process to take place for the procurement of goods and services by the Town of Wallkill related to the conditions giving rise to this Declaration of Emergency, I hereby suspend such competitive bidding and local procurement processes to the extent necessary to meet the present pandemic crisis including, but not limited to Town Code Chapter 43-Procurement Policy to allow the undersigned or his designee to expend Town funds and resources in the best interest of the Town in connection with the current health disaster; and
The suspension of the aforesaid policies and Local Laws shall be for the minimum deviation from the requirements of same consistent with the disaster action deemed necessary.
IN ADDITION, by virtue of the authority vested in me by Section 25(1) of Article 2-B of the Executive Law, which states that “upon the threat or occurrence of a disaster, the chief executive of any political subdivision is hereby authorized and empowered to and shall use any and all facilities, equipment, supplies, personnel and other resources of his political subdivision in such manner as may be necessary or appropriate to cope with the disaster or any emergency resulting therefrom”, and in accordance with the applicable Management Rights provisions in any of the collective bargaining agreements now in effect between the Town of Wallkill and its representative employee organizations, I hereby direct all Town Department Heads to arrange, modify or limit the work schedules of their respective departments in such a manner as may be necessary to attempt to minimize the risks to Town employees associated with the current novel coronavirus, COVID-19 outbreak in accordance with recommendations issued by all relevant medical professionals and/or government agencies.
I FURTHER ORDER, that all Town of Wallkill local law or code provisions that are contrary to the above are hereby suspended to the extent necessary, and all other Town of Wallkill local law or code provisions that may prevent, hinder, or delay necessary action in coping with this emergency are also suspended, but only to the minimum deviation extent necessary.
As the Chief Executive of the Town of Wallkill, I, Frank DenDanto III, exercise the authority vested to me under Section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well-being, and health of the citizens of the Town. I hereby direct all departments and agencies of the Town of Wallkill to take whatever steps necessary to protect life and property, public infrastructure and provide such emergency assistance as deemed necessary.
Pursuant to New York Executive Law §24, shall be published as soon as practicable in a newspaper of general circulation in the area and transmitted to the radio and television media for publication and broadcast.