131.2010 Pyramid-Howard Johnsons
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND PYRAMID MALL OF GF NEW CO., LLC
CONCERNING AVIATION ROAD PROPERTY (FORMER SITE OF
HOWARD JOHNSON’S HOTEL) OR AUTHORIZING TOWN COUNSEL TO
COMMENCE ACTION IN SUPREME COURT
RESOLUTION NO.: 131, 2010
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Pyramid is the legal owner of certain property located at 524 Aviation Road in the
Town of Queensbury (Tax Map No.: 302.5-1-96.1) which was the former site of a Howard Johnson’s
hotel (Property), and
WHEREAS, the Property has not been used as a hotel since approximately 1999, and
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WHEREAS, on February 3, 2010, Representatives of the Town of Queensbury,
including, but not limited to, the Town’s Fire Marshal, Director of Building and Codes
Enforcement and Town Health Officer, met with representatives of Pyramid and toured the
abandoned structure, and
WHEREAS, the parties agreed that the Property should be demolished in a safe and timely
manner, and
WHEREAS, the Property is currently boarded and is in deteriorating condition and is not
suitable for rehabilitation, and
WHEREAS, the Town has determined that the Property is or will become an attractive
nuisance posing a considerable public health risk, and
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WHEREAS, by letter dated February 24, 2010, the Town of Queensbury’s Health Officer
opined that the structure is a health hazard due to wild animal population (rats), general uncleanliness
and public nuisance and that the abandoned outdoor pool is a potential breeding ground for
mosquitoes, and
WHEREAS, Pyramid has requested that the Town forego any condemnation proceedings or
enforcement action in exchange for its agreement to demolish the premises,
WHEREAS, the Town and Pyramid wish to enter into an Agreement regarding this matter, and
WHEREAS, the Town Board believes it to be in the public interest to authorize such
Agreement substantially in the form presented at this meeting, and
WHEREAS, the Town’s Fire Marshal and Director of Building and Codes Enforcement
are charged with enforcement of the Town’s Property Maintenance Codes and have recommended
that if Pyramid does not agree to the timely abatement of the Public Nuisance including
demolishing the unsafe structures, the Town Board commence a Supreme Court action against
Pyramid to require conformance with the Town’s Property Maintenance Codes, and
WHEREAS, the Queensbury Town Court lacks injunctive power to require this action,
and
WHEREAS, if Pyramid does not execute the Agreement substantially in the form
presented at this meeting, the Queensbury Town Board wishes to pursue preliminary and
permanent injunctive relief requiring that the property be immediately secured and thereafter
demolished in a timely fashion, or allowing the Town to do so and the charges assessed against the
owner and made a lien against the property,
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the
Town and Pyramid Mall of GF New Co., LLC substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that if the Agreement between the parties is not finalized within 10 days of
the date of this Resolution, the Town Board hereby authorizes and directs the commencement of a
Warren County Supreme Court action to pursue preliminary and permanent injunctive relief
against Pyramid Mall of GF New Co., LLC concerning the property located at 524 Aviation Road
in the Town of Queensbury (Tax Map No.: 302.5-1-96.1) as referenced in the preambles of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town’s Budget Officer to
arrange for payment of any Court and/or litigation costs related to this matter from the account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to file any
necessary documentation to commence such proceeding and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement, Fire Marshal and/or Town Budget Officer
to take any and all action necessary to effectuate all terms of this Resolution.
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Duly adopted this 1 day of March, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
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