The Town of North Hempstead’s proposed $7 million upgrade of the Roslyn Country Club has moved from the town board to the Nassau County Supreme Court with supporters and opponents both expressing confidence that they will prevail.
A court challenge filed by Roslyn Country Club resident Jared Shapiro alleges that more than half the 4,300 petition signatures collected in favor of a referendum on the proposal are invalid, according to an attorney representing the Town of North Hempstead. A minimum of 2,900 signatures would need to be validated by the county Board of Elections for the referendum to proceed.
“There’s an allegation that about 2,500 or more of the 4,300 signatures are no good,” said Steve Schlesinger, the attorney hired to handle the petitions case for the town.
Schlesinger said the other objection is the petition is legally insufficient because it’s not written in the proper form.
Todd Zarin, president of the Roslyn Country Club Civic Association, said Shapiro attorney Robert Hersh has said he thinks there’s a strong chance the signatures will likely be thrown out. Zarin said he is among those in the Roslyn Country Club development supporting Shapiro in the court challenge.
“The attorneys that are expert in election law tell us that the claims are pretty good,” said Zarin, who is also an attorney.
Hersh was out of the country last week and could not be reached for comment. Shapiro also could not be reached for comment.
Zarin said he thinks the court challenge is “appropriate in a situation where a small group of people are trying to turn over the will of 250,000 people.”
Since acquisition of the Roslyn Country Club was a key issue in the November campaign between Town of North Hempstead Supervisor Jon Kaiman and Republican challenger Lee Tu, Zarin said town residents have already voted on the issue by returning Kaiman to office.
“This election would be overturned by 4,000 people,” he said.
The town board voted in June to purchase 7.2 acres of the Roslyn Country Club property for $2 million and issue a $7.5 million bond to pay for repairs to the pool and tennis courts on the property. Kaiman said the projected membership fees – $975-$1,125 per family and $860-$960 per couple – were calculated to cover the costs of the repairs.
Civic association members challenged Kaiman’s claim that membership fees would cover the club’s purchase and renovation, saying town taxpayers would end up stuck with the shortfall. The civic association submitted more than 4,000 signatures last week calling for a referendum on the project.
Kenneth Gray, the attorney representing the petitioners said the town appears to be “capitulating on objecting to the referendum.”
“The town objected on the record in court on my cleint’s intervening in the matter so their perspective could be heard. And that is inappropriate. We find it very interesting that the town is attempting to silence the residents who signed the petition,” said Gray. “We are disappointed to say the least.”
The civic leaders from Albertson and New Hyde Park who spearheaded the petition effort have said residents deserve a chance to vote on developing the Roslyn Country Club property as a town park.
Edward Scott, president of the Albertson Civic Association, said he has no doubt that the signatures on the petitions will stand up to scrutiny.
“The petitions are solid,” Scott said.
Scott suggested that the court challenge by Roslyn Country Club activists is a ploy created by Kaiman, who has publicly said he supports the referendum based on the signatures submitted.
“Jon Kaiman‘s playing both sides of the fence. He’s saying that they’re should be a referendum,” Scott said. “But Jon is using Shapiro and the RCC as a vessel to ultimately knock the petitions out and get what he wanted done.”
He said Kaiman could end the court battle over the petitions and encourage the town board to vote in favor of holding the referendum on the November ballot.
“Jon Kaiman does not have to wait on anything. He brings it back to the board for vote and he gets it,” Scott said.
When Scott attempted to confront Kaiman on that point at last week’s town board meeting, the supervisor said he was content to let the court decide the issue.
Scott unsuccessfully ran against Democratic Councilman Thomas Dwyer – a vocal proponent of the country club acquisition – as a Republican in last year’s election.
Attorney Kenneth Gray, who is representing the petitioners, could not be reached for comment.
Schlesinger said verifications of the petitions could take longer than usual, since petitions filed for state Assembly, Senate and judicial races take precedence for review at the Nassau County Board of Elections.
“This petition hit at the same time that petitions related to the primary elections hit. The court has basically said since this is November ballot issue, the other cases are first,” Schlesinger said.
Roslyn Country Club owner Manoucher Malekan has said the town’s agreement in principle with him depends on residents in the development dropping numerous lawsuits against him over his closing of the pool and tennis court facilities several years ago.
