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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 rd 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 th 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, 2 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. 3 st 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 4