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2004-09-15. BEVERLY GOLF & TENNIS COMMISSION 134 McKay Street BEVERLY, MASSACHUSETI'S 01915 Commission Members John D. Kenney, Chairman Michael P. Pierce, Vice Chairman Marianne M. Doane Eileen R. Duff Gary Lambert Martin J. Lawler, III Elliott C. Margolis Ida Beaver, Recording Secretary Minutes of Monthly Meeting September 15, 2004 October 2. 2004 Present: John Kenney, Chairman; Michael Pierce, Vice Chairman; Martin Lawler; Marianne Doane; Gary. Lambert and Elliott Margolis Guests:, Steve Follansbee (Attorney for Johnson Golf Management); Joe Ekstrom (Johnson Golf Management); Roy Gelineau (City Solicitor); John Dunn (City Finance Director); Joe Devito (President of the Men's Association) Call to Order: At 7:00 pm Mr. Kenney called the meeting to order and welcomed the guests. Mr. Kenney then asked the City Solicitor to give an update on the lawsuits that are currently pending. Mr. Gelineau explained that the Appeals Court determined that Friel's motion to re-intervene in the case, which had been previously denied by the Superior Court · judge, was wrongfully denied, and that Friel would be allowed to intervene. Thus, the settlement agreement has been vacated. Another hearing on the case is scheduled for September 23 with Judge Lauriet. Elliott Margolis asked if Johnson is not liable to fulfill the responsibility of the contract? Steve Follansbee stated that Johnson was looking to stay on for the next 10 years, and that things will pretty much go on in the same manner. Mr. Lawler then made a motion to change the order of the agenda so that Policy and Grievance could be addressed next. Marianne Doane seconded the motion which passed with three in favor and two opposed. Policy and Grievence: Joe Devito of the Men's Association stated that there were some concerns regarding the tee time policy. There were rumors that the policy was going to change, and the members would like the policy to stay the same until the new year. At this time the members sign up seven days in advance for tee times. The rumor is that next week you will:have to phone in for a tee time. Mr. Pierce noted that there was no one present from the Johnson operations team to clarify the tee time policy. Marty Lawler made a motion that the Commission formally ask Johnson that there be no change in the current tee time policy. Marianne Donne seconded the motion which passed with one abstention. Mr. Kenney will e-mail Doug Jolmson's reply to Joe Devito. Mr. Margolis made a motion that if Johnson decides to change the tee times that the Commission hold a "special' meeting to explain to the members. This motion was seconded by Marty Lawler which passed with one abstention by Mr. Pierce. Beverly Golf & Tennis Commission Minutes of September 2004 Meeting Page 2 of 3 Ma.nagement Contract: Mr. Kenney asked for a motion to table the decision on thc 2005 rates for another meeting. Mike Pierce made the motion and Marianne Doane seconded it. This motion was defeated by a vote of two for and three opposed. Mr. Kenney stated that the Commission members who were also golf members (Marianne Doane, John Kenney and Mike Pierce) had to recuse themselves from the discussion and vote on the 2005 rates. Therefore, Mr. Kenney made a motion to temporarily step down as Chairman. Elliot Margolis seconded the motion which passed unanimously. Marianne Doane nominated Marty Lawler as temporary Chairman. Mr. Pierce seconded the nomination. During the discussion on the rate increases for 2005, some of the permit holders expressed their concerns that the course was in the worst shape ever, that there were temporary greens this late in the season, and that their memberships did not include the pool any longer. They felt they were being asked to pay more for less. Elliott stated that the increases would benefit the City therefore benefiting all. The members wanted to know why there hasn't been any money put into the golf course. Mr. Lawler stated that this is the first year that there has been money to do some of the projects that were stated in the USGA Report. The membership also wanted to know if they could make their membership payments in two payments. Mr. Gelineau stated that there is not a quorum to take a vote on the rates. Marty Lawler made a motion to table the issue of the rates until there is a quorum. This motion was seconded by Gary Lambert and passed with two in favor and one opposed. Facilities: The monthly Income and Expense Report for August was passed out. Marty Lawler stated that there is a balance of $66,610 for maintenance and repairs. He also said that there was an approximate $50,000 balance left on the veranda project. Elliott Margolis made a motion to approve the Monthly Finance Report, Marty Lawler seconded the motion, which was approved with all in favor. Mr. Kenney passed out a copy of a judgment against the City for $743.70 for not paying a bill to Bain Pest Control Service. Apparently this was a bill to Peter Harrison of Par for the Course which was never paid. John said that we need to find out who is .responsible for this bill. Mr. Kenney said that the Commission needs to adopt a policy on how to handle the wait list. He said that this policy should be written up and sent to the City Solicitor for his review. Gary Lambert made a motion to formally ask the City Solicitor if we charge a fee to be on the wait list, can this money be used for the golf course or does it have to go into the general fund? Marty Lawler seconded the motion which passed with all in favor. A copy of an e-mail from Peter Ploszay to John Kenney regarding the progress and fund raising plans, for repairing the pool was handed out. Mr. Lawler stated that the list of expenditures for the tennis facilities from Michael Mercier for reimbursement had been forwarded to City Hall. Mike Pierce requested a copy of the subcontract with the tennis management. BeveFly Golf & Tennis Commission Minutes of September 2004 Meeling Page 3 of 3 In regard to the USGA Report, Marty Lawler stated that the Commission needs to authorize the cutting of trees, the purchase and installation of snow fences, covers for the greens, and other expenses for winterizing the golf course. Mr. Kenney said that we need to ask Johnson for some proposals, and that quotes need to be gotten by the City. Mike Pierce expressed that the repairs to the maintenance bullding should be a priority. Elliott Margolis suggested that the Facilities subcommittee should prioritize what needs to be done and to report back a next month's meeting. Marianne Doane said that Ray Bouchard should be invited to the next meeting. Gary Lambert, Elliott Margolis and Marty Lawler volunteered to be the Ad Hoc Committee. Marty Lawler made a motion to send a letter to Ray Bouchard to ask him to start the process of implementing the Gale Report improvements to the maintenance building and to please attend the next meeting. Elliott Margolis seconded this motion which passed with all in favor. Policy and Grievance: Elliot Margolis and Gary Lambert have been reviewing the policies. Elliot explained policy # /2 Procedure for Handling Grievance Issues. He said that anyone wishing to question a policy or express a grievance they should first submit their grievance in writing to the Policy and Grievance subcommittee. Marty Lawler made a motion to accept the proposed policy. Gary Lambert seconded this motion. Mike Pierce suggested that the policy be amended to notify the members of the Commission and Johnson Golf of the grievance. Policy # 3 Leave of Absence Policy was read by Elliott Margolis. Marty Lawler made a motion to accept this policy which was seconded by Gary Lambert. After some discussion the motion was passed. New Business: Due to changes in Mr. Kenney's job responsibilities, he announced his resignation as Commission Chairman as of September 30, 2004. The Commission wished him well and thanked him for the great job he's done for the last several years. Adjournment: Marty Lawler made a motion to adjourn the meeting at 9:00 pm. Marianne Doane seconded with all in favor. The next Commission meeting is scheduled for Wednesday, October 13, 2004 at 7:00 pm at the Beverly Golf & Tennis Club.. Respectfully Submitted, Ida Beaver Recording Secretary Kenney, John D From: ploszay@nii.net sent: Wednesday, September 08, 2004 7:41 AM To: Kenney, John D Subject: Beverly Golf & Tennis Pool Hi John Thanks for forwarding the minutes from the August 11 meeting. As far as our progress with the pool .... We met on Aug 26 to discuss the repairs, that were quoted to the Rec Dept last summer. It was a good meeting. Rob Robinson of Ocean Pool Services spoke & explained his quote to our group as well as Councilors: Pat Grimes, Maureen Troubetaris, Bill Coughlin, John Burke & Kevin Hobin. We thought it was important for the Councilors to hear first hand exactly what is needed to repair the pool - it seems many people are under the misconception that the quoted repairs are a "band-aid". Rob explained that this simply is not true. We also filed our petition yesterday with the City Clerk's office. The petition included 191 signatures from residents that support the efforts to help save the pool. That petition was presented last night at the City. Council meeting and will be forwarded to the City's Property & Finance Committee. ' At our next group pool meeting we will discuss our fund raising plans. If you have any questions feel free to call us at 978-921-7429 or send an email. Thanks again for the minutes. Regards, Pete J DGM PLAINTIFF(S) =oc~e~.~.~ Trial Cour~ of Messe~huss~s 1~ ENT FOR 200411SC000800 Dis~lct Coug Depa~ent Small Claims 8emalon ~E ~E, B~N PEST COBOL 8E~CE ~, B~Y GOLF & TENNIS PlAINTIFF(S) WHO ARE PARTIES TO THIS ,JUDGMENT P01 BAIN PEST CONTROL SERVICE DEFENDANT(S) WHO ARE PARTIES TO THIS JUDGMENT D01 BEVERLY GOLF & TENNIS Lowell District Court 41 Hurd street Lowell, MA 01852-2295 (978) 459-4101 ROOM/~ESSlON PARTY TO WHOM THIS COPY OF JUDGMENT IS ISSUEO D01 BEVERLY GOLF & TENNIS· CIO BRUCE 6/IEEE~ ~ i&u c ~ ,4./[~/) 134 MCKAy:STREET BEVERLY, MA 01915 FURTHER ORDERS OF THE COURT A'n'ORNEY FOR PARTY TO WHOM THIS COPY OF JUDGIdENT IS IESUED' On Ihs above claim, after defendant(s) failed to appear, the Court has entered JUDGMENT IN FAVOR OF THE PLAINTIFF(J) listed above. The defendant(s} must pay the plaintiff(e) the "Judgment Total" shown below, plus additional postJudgment Interest under General Laws c. 235 § 8 at Ihs 'Annual'lntarest Rate" Shown below from the 'Data Judgment Entared" shown be .Iqw ~..ntll. the...d.~te .of.p.a~enL.The' d .'.e~e. ndant(s), is required by law to pay the plaintiff(s)that Iota! amou.nt. Un.lass the defandant.(s) failed to appear, the defendant(s) has a right of appeal Within 10 days after receMng notice of . this Judgment. See the e'ndosed Instructions for additional Information. ·. The Court also Issued a PAYMENT ORDER ordering the defendant(s) to pay. the total amount by 09/22/2004. 1. Date of Breach, Demand or Complaint 2. Data Judgment En.t~ 3. Number of Days of Prejudgment In..t~reet (Une 2- Une 1) 4.' A~n. ual Intarest Rata of 12.00%/365 = bally Interest Rate 5. 8ingle Damages .~ 6. PreJudgment Int.er~.~ (//nee 3x4xS): ' ' 7. Double or. Treble.Dam. ages Awarded by Court (where euthotfzedbylaw) · ' 8. Costs · Filing Fee & Surcharge' '(G:I.. c. 218 ~ 23 & o. 262 § 40) · 9. " All,may Fees Awarded by COu~ (where eufhorlzed bylaw) IX. ' OalW~lme'l~raed: 1~3r~OO.101:~? PM ' -,.! 0.032877% $870.00 S0.00 ' $743.70 09/01/200& City of BeverLy LIVE DATABASE PAGE 1 16:AZ:SI B~T CLUBHOUSE REPAXRS gIytc2~x~d TO DATE THROUGH AUGUST 31, 2004 ACCOUNTS FOR: ~ZGINAL TEANFR$/ R~ISED AVAILABLE PCT $42 8G&T CLUSH~E REPAIRS APPR~ AD3ST#TS 8~GET YTD ACT~L ENCUSBRANCES BUDGET UBED 20542 BG&T CLUSHOUSE REPAIRS 20542 49100 PROCEEDS FR~ ~S 20542 49~5 TRANSFER FR~ BG&T ENTERPRISE 2054Z 53000 V~ANOA OESLGN 20542 55005 VERANDA CONSTRUCTZO# 20542 5~00 VERANDA #1SCELLANE~S Z0542 5~20 VERANDA CDNTING~CY TOTAL EG&T CLUB#OUSE REPAIRS TOTAL BG&T CLUBHOUSE REPAIRS TOTAL REVENUES TOTAL EXPENSES -715,000 0 -715,000 -715,000.00 .00 .00 100.0~ -50,000 0 -50,000 -50,000.00 .00 .O0 lO0.OX ~,540 O 104,540 67,553.61 .OO 3&,9~.39 6~.6X 609,435 0 647,339 647,339.48 .00 .00 IO0.OX 81 0 1,081 1,000.00 81.00 .00 IO0.OX 60,9~4 0 12,0~0 .00 .00 12,039.52 -50,000 0 0 -49,106.91 81.00 49,025.91 IO0.OX -50,000 0 0 -49,106.91 81.00 49,0~5.91 lO0.OX -765,000 0 -765,000 -765,000.00 .00 .O0 715,000 0 765,000 715,893.09 81.00 49,025.91 o~