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~