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