136.2010 Pilot John Burke
RESOLUTION AUTHORIZING AGREEMENT FOR PAYMENTS IN LIEU
OF TAXES (“PILOT” AGREEMENT) FOR JOHN BURKE APARTMENTS
RESOLUTION NO.: 136. 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Liberty Affordable Housing, Inc. (Liberty), a not-for-profit corporation, proposes
to form a housing development fund company to purchase and renovate the John Burke Apartments in
Queensbury, all in accordance with Article XI of the New York State Private Housing Finance Law
(PHFL), and
WHEREAS, John Burke Apartments is a 227-unit apartment community providing housing for
low-income residents of the Town, with rents subsidized by the United States Department of Housing
and Urban Development, and
WHEREAS, there is a need within the Town for adequate rental housing for low-income
persons and families, and
WHEREAS, John Burke Apartments was constructed approximately 40 years ago and is in
need of substantial repairs and renovations, and
WHEREAS, in order to obtain financing of over $6 million from the New York State Housing
Finance Agency for planned renovations to John Burke Apartments, Liberty must obtain Town Board
approval of a proposed agreement for periodic payments in lieu of taxes (“PILOT” payments) on John
Burke Apartments by the proposed housing development fund company, and
WHEREAS, Liberty has provided the Town with a proposed Agreement for payments in lieu
of taxes on John Burke Apartments by the housing development fund company, and
WHEREAS, the proposed Agreement has been reviewed by Town Counsel, and
WHEREAS, the Town will not be providing any funds or financing to the housing
development fund company for the purchase, repairs, renovations or operation of John Burke
Apartments, and
WHEREAS, the Town Board has considered Liberty’s proposal for acquiring and renovating
John Burke Apartments and believes the project would benefit the residents of John Burke Apartments
and would be a benefit to the Town, and
WHEREAS, by Resolution No.: 129.2010, the Town Board authorized the Town Supervisor
to consent to the formation of a redevelopment company as previously proposed by Liberty, and to
sign any required document evidencing such consent, for the purpose of enabling a redevelopment
company to acquire and renovate John Burke Apartments, in accordance with Article V of the New
York State Private Housing Finance Law, and
WHEREAS, Liberty will form a housing development fund company, which does not require
any approval from the Town, rather than a redevelopment company as Liberty initially proposed, and
th
WHEREAS, on Monday, March 15, 2010, the Town Board duly held a public hearing and
heard all interested persons concerning the draft Agreement proposed by Liberty for periodic payments
in lieu of taxes (PILOT payments) on John Burke Apartments by the housing development fund
company,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that it is in the best
interests of the Town and its residents to promote the development and maintenance of adequate, safe
and sanitary rental housing accommodations for low-income persons and families living within the
2
Town, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Town
Supervisor to sign the Agreement provided by Liberty Affordable Housing, Inc. for periodic payments
in lieu of taxes (PILOT payments) on John Burke Apartments, substantially in the form presented at
this meeting, together with such further revisions as may be approved by the Town Supervisor and
Town Counsel, in furtherance of Liberty’s plan to acquire and renovate John Burke Apartments, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board hereby rescinds those portions of Resolution
No.: 129.2010 authorizing the Town Supervisor to consent to the formation of a redevelopment
company as previously proposed by Liberty Affordable Housing, Inc., and authorizing him to sign any
required document evidencing such consent, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Supervisor, and/or Town Counsel to take such other actions as may be necessary to effectuate the
terms of this Resolution.
th
Duly adopted this 15 day of March, 2010, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: Mr. Strough
ABSENT: None
3