WATERTOWN — Not only will the city have to go to court, but City Council members had to take a series of steps on Tuesday night to fend off a lawsuit that seeks to block the city’s purchase of the Watertown Golf Club.
On Tuesday night, the council completed environmental impact paperwork on the golf club purchase in response to a lawsuit filed last week that opposes the deal.
Last Wednesday, state Supreme Court Judge James P. McClusky put a hold on the purchase after he ruled that the lawsuit should be heard in court on Jan. 11. The purchase of the golf club at Thompson Park — from owner Michael E. Lundy for $3.4 million — was going to be finalized on Dec. 29, but Washington Street resident Maryellen Blevins filed the lawsuit to try to stop the deal from moving forward.
On Tuesday night, Mayor Jeffrey M. Smith and Councilwoman Sarah V. Compo Pierce voted against approving the environmental impact study, reiterating the price of the $3.4 million purchase and the lack of an appraisal before consummating the deal.
“I think you’ll find it’s a bad deal and is not in the best interest of the taxpayers,” Mayor Smith said in explaining his reason to vote against what is typically just a formality in completing a State Environmental Quality Review, SEQR.
Before the vote, Councilman Cliff G. Olney III accused opponents of trying to sabotage the deal, contending there were numerous efforts to delay it.
“I’m going to expose everything that was done to disparage this deal,” he said.
Prior to voting, there was a lengthy debate about the condition of Mr. Lundy keeping 60 golf carts outside in the winter.
On Dec. 28, Councilwoman Compo Pierce posted on Facebook that she noticed the golf carts during a walk in Thompson Park and wondered how they would stand up after being outside in a blizzard.
Councilman Olney said that was another way they tried to use misinformation to criticize the purchase, responding that Mr. Lundy has assured the city that the golf carts will be in working order when the city obtains them.
Mrs. Blevins contended in the lawsuit, among other arguments, that the city should have conducted the environmental review of the property required under state law before the deal was made.
On Tuesday night, council members determined that the purchase has no impact on the environment.
As a result of completing the environmental review process, council members also had to reaffirm a series of actions that they had already taken to move forward with the purchase.
As part of Tuesday’s actions, council members also reaffirmed using the city’s capital reserve fund to buy the club.
Under the deal, the city would obtain about 64 acres of land and nine of the club’s 18 holes that Mr. Lundy leases from the city.
They also repeated approving the Asset Purchase Agreement, which includes obtaining the clubhouse, the golf carts and all the other equipment from the golf club, restaurant and kitchen.
In recent weeks, Ms. Blevins, who was also a vocal critic of constructing a new Stewart’s Shops convenience store on Washington Street last summer, was among many residents who attended recent council meetings in opposition to the golf club deal.
In recent weeks, Mayor Smith urged anyone to come forward with a lawsuit to block the deal. In her suit, Ms. Blevins contends that the $3.4 million proposed price far exceeds a 2017 appraisal of $591,000 for the property and that no updated appraisal was done.
She is asking Judge McClusky to declare the Asset Purchase Agreement null and void, as well as the agreement itself.
The golf club has been the source of legal action by both Mr. Lundy and PJ Simao, who owns Ives Hill Country Club. Under the deal, the city would run the golf club as an 18-hole course. Mr. Simao would reduce Ives Hill to nine holes and receive an unspecified amount of money for doing so.
Mr. Lundy owns holes one through nine of the golf course, while the city owns the other nine that it has leased to him.
In another action, council members unanimously agreed to hire the law firm of Harris Beach to serve as the city’s interim attorney until a permanent one can be hired.
Under the agreement, Justin Miller, an attorney in the firm’s Albany office, will handle the legal issues for the city, including the legal aspects of the golf club deal.
Mr. Miller, who also represents the Jefferson County Industrial Development Agency, attended Tuesday’s meeting but will watch future council meetings remotely, City Manager Kenneth A. Mix said.
The firm will be paid $290 for partners, $190 for council associates and $125 for paralegals and non-attorney professionals.
After 30 years with the city, former attorney Robert J. Slye resigned from the position on New Year’s Eve to become Judge McClusky’s law clerk.
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