Title
Consideration and possible action on next steps regarding Resolution No: 21-30 “A Resolution Declaring the Hotel Structure, Commonly Referred to as “The Hilltop House,” located at 400 Trinity Drive, Los Alamos, New Mexico, a menace to the Public Comfort, Health, Peace, and Safety and Ordering Removal of the Hilltop House, and associated Ruins, Rubbish, Wreckage, and Debris from Los Alamos County.”
Recommended Action
I move that Council direct the County Manager to enter negotiations with New Mexico Innovation Triangle LLC and bring forward for consideration a proposed agreement for Council consideration at the April 5, 2022 Council meeting.
OR
I move that Council direct the County Manager to proceed with the actions necessary to remove the Hilltop House, and its ruins, wreckage, and debris from Los Alamos County at the expense of New Mexico Innovation Triangle LLC, and lien the parcel of land for the reasonable costs of the removal of the Hilltop House incurred by the County as provided for in NMSA § 3-18-5 and Los Alamos Resolution 21-30.
County Manager's Recommendation
The County Manager recommends approval to proceed with negotiations with New Mexico Innovation Triangle LLC to attempt to reach an agreement regarding Resolution 21-30.
Body
On October 29, 2021, the County approved Resolution 21-30, a Resolution declaring the hotel structure, commonly referred to as "The Hilltop House" located at 400 Trinity Drive, Los Alamos, New Mexico, a Menace to the Public Comfort, Health, Peace, and Safety and Ordering Removal of the Hilltop House, and Associated Ruins, Rubbish, Wreckage, and Debris from Los Alamos County. On October 18, 2021, the Fire Marshall issued an order declaring the “Hilltop House” located at 400 Trinity Drive, Los Alamos, NM a clear and inimical threat to human life, safety, and health for the reasons explained in the order. A copy of that order is attached to Resolution 21-30 as Attachment A. The Fire Marshal Order is included as Appendix A to the Resolution.
Resolution 21-30 ordered New Mexico Innovation Triangle LLC (NMIT) to commence removing the Hilltop House, its ruins, rubbish, wreckage and debris within ten (10) days after service of a copy of this Resolution or of the posting and publishing of a copy of this Resolution, and continue to work diligently and substantively in order to fully complete removal of the Hilltop House, its ruins, rubbish, wreckage and debris from Los Alamos County no later than March 30, 2022, leaving the parcel in a clean, level, and safe condition suitable for further occupancy or construction with all excavations filled.
Pursuant Section 4(B) of the resolution, NMIT Triangle filed written objections to the findings in the resolution requesting a hearing before the County Council. The County Council heard NMIT's objections at a special session of the County Council on Friday, December 3, 2021 and sustained enforcement of the resolution. NMIT did not appeal the decision by the County Council to District Court pursuant to NMSA 3-18-5(E).
As of the writing of this staff report, NMIT has indicated that the debris and combustible material has been removed from the building. The County has issued a permit for the asbestos removal work and NMIT has indicated that work should commence the week of 3/28 and it is expected to take up to 8 weeks. NMIT is working on submitting the demolition permit.
NMIT has indicated to County staff a willingness to negotiate an agreement with the County that would commit them to a specific completion timeline (see Attachment B). Staff expects that such an agreement would include a schedule, indicate key milestones, and also indicate anticipated County action if certain key milestones are not met.
Attachments
A - Resolution 21-30
B - Request for extension