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I signed an order today listing specific health and safety conditions all supermarkets/pharmacies in Greenburgh must implement. I plan to extend the order next week to require non invasive temperature to be taken of employees. Those with temp can't work
This is an executive order that I announced at the Town Board work session tonight. Specific health and safety requirements are now imposed on all supermarkets and pharmacies within the town. Next week, when I extend the order I intend (unless otherwise directed by the state) to also require the non invasive taking of temperature of employees and customers. I don’t believe that people with temperature should be allowed into the stores --we all worry about the risk of being infected or infecting others. Many people in Westchester are dying from the COVID-19 -partially because people are careless or inconsiderate of others. Although NYS law authorizes me to issue the order - the Town Board unanimously approved a resolution endorsing the contents. Mike Sigal of Edgemont provided great assistance in drafting the order. He is Vice Chair of the Conservation Advisory Committee.
Greenburgh Town Supervisor
Subject: Local Emergency Order No. 1.1 - As Issued April 7, 6:30 pm
TOWN OF GREENBURGH - - LOCAL EMERGENCY ORDER NO. 1.1
Whereas, on March 17, 2020, I issued Local Emergency Order No. 1, the Town of Greenburgh Declaration of Disaster Emergency, pursuant to the Constitution of the State of New York and Section 24 of the New York State Executive Law; and
Whereas, the Town of Greenburgh is affected by the COVID-19 virus pandemic, and the public health emergency necessitating my original Order still exists and has gotten worse; and Whereas, as of April 7, more than 14,000 residents of Westchester County, including nearly 300 residents of the unincorporated section of the Town of Greenburgh, have contracted the COVID-19 virus; and Greenburgh and two adjoining municipalities are among the five municipalities in the County with the highest number of cases; and Whereas, it is essential that residents of the unincorporated section of the Town of Greenburgh and those who shop within the town have safe access to grocery stores and pharmacies for food, essentials and medical supplies; and Whereas, it is essential that the staff of grocery stores and pharmacies in the unincorporated section of the Town of Greenburgh are protected so that those establishments remain open to provide their essential services; and
Whereas, WalMart U.S. and Sam’s Club announced on March 31 that it was instituting temperature-taking of employees with infrared thermometers as they report to work; and recent Centers for Disease Control (“CDC”) research released on April 1 suggests that just 6 - 12 % of COVID-19 transmissions occur from individuals before they showed symptoms of the virus; and
Whereas, on April 6 the Governor of the State of New York announced the policy that one can not “be cavalier or negligent with someone else’s life”; and
Whereas, the CDC current published Recommendations in effect as of April 7 include maintaining 6-feet physical distancing and the use of simple cloth face coverings; and the current New York Department of Health published Guidelines updated as of April 7 include keeping at least 6 feet distance from others and taking special caution to avoid exposing the elderly; and
Whereas, it has been reported to me, and I have personally observed, that physical distancing and other protective public health safety measures are not being observed at all grocery stores and pharmacies in the unincorporated section of the Town; NOW, THEREFORE, I, Paul J. Feiner, Town Supervisor of the Town of Greenburgh, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, in order to protect residents, employees and shoppers who utilize grocery stores and pharmacies in the unincorporated section of the Town of Greenburgh, hereby issue the following Local Emergency Order No. 1.1 pursuant to the Constitution of the State of New York and Section 24 of the New York State Executive Law, specifying that: 1. Pursuant to Section 24(1)(b), grocery stores and pharmacies within the unincorporated section of the Town of Greenburgh are designated as Critical Public Health Protective Zones. For purposes of designating Critical Public Health Protective Zones to which this Local Emergency Order No. 1.1 applies, grocery stores shall include any business other than restaurants which has more than 1,000 square feet of space in which food for human consumption is sold to the general public. 2. A. Grocery stores and pharmacies shall, to the extent they have not already done so, institute the following protective public health safety measures:
(a) establish at least one hour a day during which the store is open only to customers over 60 years of age who do not exhibit COVID-19 health conditions;
(b) limit the number of customers allowed in the store at any one time to a reasonable number, given the size of the store, to accommodate the CDC-recommended 6 foot physical distancing;
(c) mark six-foot distancing lines outside the entrance to the store and at check-out counters, provide sufficient personnel to remind customers to observe such markings, and provide appropriate signage of the distance markings;
(d) provide hand sanitizers and/or fresh, unused gloves and, if available, face masks for each employee each day, and require them to be used while working, and post COVID-19 health safety guidelines, including re hand washing, for employees;
(e) provide either fresh, unused gloves or sanitizing wipes to customers prior to entering the store;
(f) if the store has carts for customer use, wipe the cart handles between use by different customers; and
(g) provide a receptacle at all exits outside the store for the disposal of gloves and masks, labelled “used masks and gloves”, and, if feasible, establish one-way aisles inside the store and separate entrances/exits for customers. B. A grocery store or pharmacy may, in writing, request a waiver from the Greenburgh Chief of Police if, and to the extent, it temporarily cannot furnish any of the protective gear specified in Section 2A. The waiver request shall state the actions the business is taking to comply.
3. A. Grocery stores and pharmacies shall notify the Town Supervisor by email (firstname.lastname@example.org) that they are in compliance with this Local Emergency Order No. 1.1. The Town shall cause the names of those business to be posted on the Town website. B. The Police Department and Building Department are authorized to enforce this Local Emergency Order 1.1 in the following manner: For the first violation, the Police or Building Department shall issue a Notice of Violation. For any subsequent violations, the Police or Building Department shall issue a Summons alleging a Class B misdemeanor as provided in Section 24(5) of the New York State Executive Law. The Town shall cause the names of those businesses to be posted on the Town website, which posting shall remain until the Chief of Police or Building Commissioner determines that the violation has been rectified. 4. This Local Emergency Order 1.1 shall become effective at 6:00 am, Friday, April 10, 2020.
5. This Local Emergency Order No. 1.1 is subject to any written directive issued to me by the Governor or the State Department of Health necessitating a modification of this Order.
6. This Local Emergency Order No. 1.1 shall remain in effect through 5:59 am, Wednesday, April 15, 2020, or earlier upon a declaration by me, as Town Supervisor, that the State of Emergency no longer exists in the unincorporated section of the Town of Greenburgh. This Local Emergency Order may be renewed and/or amended, and extended for additional five-day periods through issuance of further Local Emergency Orders.
7. Given (a) the recent CDC research indicating that the vast majority of transmissions of the COVID-19 virus occur from symptomatic individuals, (b) the temperature-taking safety practice instituted by the retailers WalMart and Sam’s Club, and (c) the New York policy of responsibility of not exposing others to the COVID-19 virus, Notice is hereby given that it is my present intent, if I determine circumstances require this Order to be extended, to provide in the extended Order that grocery stores and pharmacies adopt the safety practice of non-invasive temperature taking of employees upon arrival at work and not allowing any individual with a temperature higher than the CDC guideline of 100.4F/38C to work. Notice is also given that I am additionally considering providing in the extended Order that grocery stores and pharmacies use non-invasive devices to take the temperatures of customers before they enter the store. I welcome input on these safety practices, or alternative safety measures, from grocery stores and pharmacies and from residents. Issued: April 7, 2020
PAUL J. FEINER TOWN SUPERVISOR