New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.143 - Executive Order No. 143: Declaring a Disaster and a Temporary Suspension of Provisions Relating to State Contracts to Expedite the Repair of a Portion of Old Croton Aqueduct State Historic Park

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on March 11, 2015, a portion of a stone retaining
					 wall in Old Croton Aqueduct State Historic Park collapsed in a landslide,
					 sending mud and debris against a senior housing complex owned by the Municipal
					 Housing Authority of the City of Yonkers (the "Housing Authority") at 95-97
					 Walsh Road in the City of Yonkers, Westchester County; and
WHEREAS, because of the uncertainty of the stability of
					 other portions of the retaining wall and the consequent threat to public
					 safety, the Housing Authority ordered the complete evacuation of the housing
					 complex on March 11, 2015; and
WHEREAS, evacuation of the housing complex at 95-97 Walsh
					 Road in the City of Yonkers resulted in the dislocation of approximately 110
					 residents, who may not be able to return to their homes until the retaining
					 wall is permanently repaired;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York and the Laws of the State, do hereby find that a disaster has
					 occurred for which the affected local governments are unable to respond
					 adequately without assistance. Therefore, pursuant to the authority vested in
					 me by the Constitution of the State of New York and Section 28 of Article 2-B
					 of the Executive Law, I hereby declare a State Disaster Emergency effective
					 March 11, 2015 within the City of Yonkers; and
FURTHER, I direct the Commissioner of Parks, Recreation and
					 Historic Preservation and the Commissioner of General Services to expedite all
					 repairs to the retaining wall and associated structures in and around Old
					 Croton Aqueduct State Historic Park and the Housing Authority property so that,
					 as soon as possible, State property can be restored and the housing complex at
					 95-97 Walsh Road in the City of Yonkers can be secured and the residents can
					 safely return to their homes; and
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend specific
					 provisions of any statute, local law, ordinance, or orders, rules or
					 regulations, or parts thereof, of any agency during a State Disaster Emergency,
					 if compliance with such provisions would prevent, hinder, or delay action
					 necessary to cope with the disaster, I hereby temporarily suspend, for the
					 period from March 11, 2015 until further notice, the following laws:
Section 9 (2) and (4)  of the Public Buildings Law, to the
					 extent the Commissioner of General Services determines it necessary to
					 authorize the award of emergency contracts and/or to combine design and
					 construction services in contracts and/or to use such contracts and services
					 when needed at a threshold above three hundred thousand dollars;
Section 112  of the State Finance Law, to the extent
					 consistent with Article V, Section
					 1 of the State Constitution, and to
					 the extent that the Commissioner of Parks, Recreation and Historic Preservation
					 or the Commissioner of General Services determines it necessary to add
					 additional work, sites, and time to State contracts or award emergency
					 contracts, to award leases for relocation and support of State operations under
					 Section 3  of the Public Buildings Law, to award emergency contracts under
					 Section 9  of the Public Buildings Law, to award emergency contracts for
					 professional services under Section 136-a  of the State Finance Law or to award
					 emergency contracts for commodities, services, technology, and materials
					 pursuant to Section 163  of the State Finance Law;
Section 136-a  of the State Finance Law, to the extent that
					 the Commissioner of Parks, Recreation and Historic Preservation or the
					 Commissioner of General Services determines it necessary to combine design and
					 construction services in one contract and/or to obtain design and construction
					 inspection services;
Section 163  of the State Finance Law, to the extent
					 necessary to allow the Commissioner of Parks, Recreation and Historic
					 Preservation or the Commissioner of General Services to purchase necessary
					 commodities, services, technology, and materials without following the standard
					 procurement processes;
Article 8 of the Environmental Conservation Law, and Part
					 15 of Title 17 and Part 617 of Title 6 of the New York Code of Rules and
					 Regulations, and Section 14.09  of the Parks, Recreation and Historic
					 Preservation Law and Part 428 of Title 9 of the New York Code of Rules and
					 Regulations to the extent that the Commissioner of Parks, Recreation and
					 Historic Preservation or the Commissioner of General Services determines that
					 work is immediately necessary for the replacement, rehabilitation, or
					 reconstruction of structures; and
Section 97-G  of the State Finance Law, to the extent that
					 the Commissioner of General Services determines it necessary to purchase food,
					 supplies, services, and equipment or furnish or provide various centralized
					 services, including but not limited to, building design and construction
					 services to assist affected local governments, individuals, and other non-State
					 entities in responding to and recovering from the disaster emergency.
Signed: Andrew M. Cuomo
Dated: March 31, 2015