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

I also hereby suspend the following local law:
Wallkill Town Code Chapter 74-Assemblies, Mass Public

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 THE FOLLOWING, as a result on my declaration of a State of Emergency:
  1. The Wallkill Town Hall will remain open and operational absent further notice but shall be closed to the public. All in-person services which are provided to residents at Town Hall shall be by appointment only at the sole discretion of Town personnel.  Residents are directed to call the Town’s main switchboard number at (845) 692-7800 and follow the prompts for routing to the desired department.  Prior to calling, please log on to townofwallkill.com as many services offered in person are available online.  The Town of Wallkill Police Department will continue with normal operations but public access to the Police Station will be limited.  Those wishing to enter the Police Station must first call (845) 692-6757 to request entry.
  1. Notwithstanding the existence of any provision in any Town collective bargaining agreement to the contrary, and pursuant to the Governor’s Executive Order 202.4 dated March 16, 2020, the undersigned has designated various Town employees as essential or non-essential, and directed that certain non-essential employees be paid to either work from home or be allowed to take leave with pay without charging accrued leave allowances. All such non-essential employees taking leave without charging accrued leave allowances shall nonetheless be subject to being subsequently designated by the Supervisor or his designee as an essential employee and required to return to work without any additional compensation for such return, except to the extent of State-mandated overtime pay and other similar State labor law requirements. If, prior to such re-designation as an essential employee, such non-essential employee elected to charge their leave from work to their accrued leave allowances they may do so, if allowed by their supervisor, and not be subject to being designated an essential employee required to return to work.  However, such employee may be designated as an essential employee regardless, should the Supervisor determine in his sole discretion that such designation as an essential employee is necessary to maintain an appropriate level of essential services by the Town.
  1. The meetings of the Town of Wallkill Town Board will continue, but with no opportunity for public attendance. The applicable provisions of the Open Meetings Law have been suspended by a Declaration of Emergency by the Governor of the State New York, allowing this to occur. The meetings of the Town Board will be either conducted by conference call or live broadcast, both of which methods shall provide for public access. Public input for any noticed public hearings of the Town Board may be accomplished by submitting written comments by mail or email to the Wallkill Town Clerk on or before the opening of the public hearing.
  1. The conduct of building inspections and the issuance of building permits, certificates of occupancy, and other Town issued permits shall resume to a limited extent at the discretion of the Building Inspector or the relevant person or board charged with issuing such permits.

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.

The Town of Wallkill strongly recommends to all residents and businesses to observe the following guidelines of conduct to the extent practical:
  1. Residents should utilize online and telephone ordering services for the purchase of goods and services whenever those options are available.
  1. There should be maximum use of delivery services and curbside pickup.
  1. Continue to practice the protocols of “social distancing,” which is generally regarded as a 6-foot buffer with other people.

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.

This Executive Order shall take effect as noted above, at 12:01 a.m. on March 23, 2020 and shall expire on April 21, 2020 at 11:59 p.m. subject to extension by further order.

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.

SO ORDERED ON MARCH 23, 2020 by Frank DeDanto III, Town Supervisor