Harwich Golf Committee
Minutes

Monday, September 28, 2009
Small Meeting Room
Harwich Town Hall

MEMBERS PRESENT: Sal DeSantis, Thomas Johnson, Robert Catlin, Clement Smith, Arthur Palleschi, Bridget Hippler, George Mitchell

MEMBERS ABSENT:

STAFF PRESENT: Dennis Hoye, Joe McNulty, Phil Gaudet (recorder)

Mr. DeSantis called the Public Meeting to order at 5:00pm. He stated that three separate public hearings will be held this evening. These public hearings are for three proposed articles for the November special town meeting. Each article will be read and then opportunity will be given for public comment.

Mr. DeSantis opened the first public meeting at 5:01. For public record, Mr. DeSantis read the proposed article language as follows:

Charter Change (Article 1):

The Golf Committee is proposing to submit an article to town meeting to revise the following language of Chapter 7, Section 13 of the Harwich Home Rule Charter:

Current Language:

Section 13, Golf Committee
7-13-1A golf committee of 7 members shall be appointed by the board of selectmen for 3-year overlapping terms.
7-13-2 The committee shall have full power and responsibility for the maintenance and operation of the municipal golf
course.
7-13-3 The director of golf operations, or employee having the general powers of supervision of the golf course shall be
under the day-to-day supervision of the town administrator within the scope of the general policy and direction established by the golf committee.

Proposed Language:

Section 13 changes Golf Committee to Golf Commission.
Paragraphs 7-13-1 and 7-13-2 change committee to commission.
Paragraph 7-13-3 to read:
The director of golf operations or employee having the general powers of supervision of the golf course shall be under the day-to-day supervision of the golf commission within the scope of the general policy and direction of the golf commission. Add paragraph 7-13-4 to read: The golf commission shall recommend yearly fees to the Board of Selectman for adoption. The commission shall submit yearly operations and capital plans to the town administrator and comply with all charter mandates pertaining to personnel and procurement matters as shown in section 3 paragraph 4-3-2.

Mr. DeSantis asked the public if they would like to comment.

Mr. James Gotts of Harwichport asked the committee if they had researched other municipal golf courses that operate as a commission rather than a committee. He also asked, "What clear evidence do you have that the committee would be better served as a commission?" Mr. DeSantis stated that the purpose of the public hearing is to accept public comment and not necessarily enter into a dialogue. If the committee wishes to place particular comments as agenda items then they can be discussed. If a question is proposed the committee will certainly take note of it.

Mrs. Catlin of Harwich asked the committee to please explain the difference between a "committee" and a "commission".

Mr. DeSantis stated that the committee will certainly take that question into consideration, but cannot answer the question at this time.

There was no further public comment, Mr. DeSantis closed the first public hearing at 5:07pm. Mr. DeSantis opened the second public hearing at 5:07pm and read the second article to the public. Establishment of Reserve Receipts Fund (Article 2):

The Golf Committee is proposing to submit an article to town meeting to establish a reserve receipts fund. This article isolates two revenue streams (Non Resident Memberships and Pull Cart Fees) to establish this fund.

Mr. DeSantis asked for public comment.

Mr. Ray Jefferson from Harwich stated the following: the proposed second article is long needed for the golf course. This funding mechanism will allow the course to run itself closer to a private sector business. Currently, if there is a critical issue on the course where money is needed, the golf course has to go through the open meeting process in order to get funding. This option is less restrictive and can be run more the way a business should be run.

Mr. Angelo LaMantia from Harwich stated that the committee has to be absolutely sure of what you can do with the fund and to be careful in understanding what your rights are.

There was no more public comment and Mr. DeSantis closed the second public meeting at 5:10pm.

Mr. DeSantis opened the third public hearing at 5:10pm and read the proposed article to the public

Restaurant Revenue Funds Transferred to Revolving Fund (Article 3):

The Golf Committee is proposing to submit an article to town meeting to transfer restaurant lease revenue into the pro-shop revolving fund.

Mr. DeSantis asked for public comment. There was no public comment. Mr. DeSantis closed the third public hearing at 5:11 pm.

Mr. DeSantis called the Golf Committee meeting to order at 5:11 pm

Mr. DeSantis stated that he received a copy of a letter addressed to Mr. Hoye from the PGA. Cranberry Valley has been selected for the September 2009 Profiles. The success of the New England PGA is largely successful from having dedicated professionals such as Mr. Hoye. The letter expressly recognizes Mr. Hoyes professionalism and dedication to the game of golf.

The committee recognized and complimented Mr. Hoye for this distinguishing letter and gave him a round of applause.

Mr. Loftus stated he is an advocate for affordable housing and not a zealot. The housing committee sent Mr. Loftus to communicate, coordinate, and compromise.

Mr. Loftus provided the committee with a background history of his service to the town, as well as, identifying the acreage in which the town owns using support documentation. He also identified potential acreage for affordable housing.

Mr. Loftus stated the purpose of his visit was in regard to Pine Oaks #3 located on Oak Street (Map & Parcel number not provided). He stated that this parcel of land is owned by the Golf Course and would like to explore the possibility of giving that land to be used as affordable housing. There is abutting acreage that was given to affordable housing where abutting properties where built. This property is located on Pine Oaks and is affordable housing.

Mr. Wall stated that the committee does not have the whole story. The previous housing committee acquired that land through a big coup. There was a verbal agreement between abutters/neighbors and BOS that affordable housing would not be built. Discussion ensued on this subject between committee members, the public and Mr. Loftus.

Mr. DeSantis stated that Mr. Loftus return for another meeting for further consideration and have it put on the agenda.

Minutes: August 10, 2009:

Mr. DeSantis made a motion to approve the minutes with the following changes: Page 2 paragraph 4 addition of word "that"; Page 5,2^nd line addition of word "taken"; 8^th Paragraph 3^rd line addition of word "is"; Enterprise fund motion, remove "Mr. DeSantis" replace with "Mr. Johnson". Mr. Smith seconded the motion and the motion was unanimously approved.

August 24, 2009

Mr. DeSantis made a motion to approve the minutes with the following changes: In the "Members Present" section addition of Mr. Mitchell; Page 2, 8^th paragraph "addition of the word "that". Mr. Smith seconded the motion and the motion was unanimously approved by the committee.

August 31^st, 2009

Mr. DeSantis made a motion to approve the minutes with the following changes. Page 2, remove the word "two" and add "three". Mr. Smith seconded the motion and the motion was unanimously approved by the committee.

Mr. DeSantis asked the committee if they wanted to address the questions asked during the public hearing. Mr. Johnson addressed the question asked by Mrs. Catlin about the difference between "committee" and "commission". Mr. Johnson stated the definition of commission is "to authorize" as opposed to a committee "to delegate". A commission would be allowed to authorize decisions rather than turn them over to someone else.

Mr. Palleschi stated that what Mr. Johnson stated is correct and its a matter of semantics -could not find anything concrete in MA general laws that expressly defines committee vs commission. There are cases, but the laws don't make that distinction. Mr. Palleschi stated that Mr. Merriam was quoted as saying that "a commission denotes independence". He is correct independence is denoted, but cannot be expressly applied to every situation. There are gray areas the definitions are not expressly defined For example: school committees, school commissions and school boards.

Mr. DeSantis asked Mr. Palleschi if a committee can be appointed by selectmen and a commission needs to be appointed by the state. Mr. Palleschi stated that he does not believe that is a correct statement. Mr. Palleschi stated he reviewed archived BOS minutes for 02-03. Under closer examination, it seems there was a quirk in how the golf commission was changed back to a committee. It is not expressly stated in the minutes of the meeting, but reading between the lines, there was by-play between Mr. Ziggler and the Waterways Commission. Mr. Ziggler wanted to change the Waterways Commission to a committee. He justified that by saying that a committee denoted less authority. During this discussion it was suggested, for consistency, to change the golf commission to committee. That is how the change occurred to the present Golf Committee. Even though the effort was being made to change the Waterways Commission to a committee this did not happen. However, the Golf Commission was changed to a committee status.

Mr. DeSantis thanked Mr. Jefferson for his hard work aiding the golf committee. Mr. Jefferson stated as far as the charter is concerned a "committee" and "commission" are both considered equal. That was what the Charter By-law commission has stated to the BOS in the past.

Mr. DeSantis stated he envisioned the purpose of the present committee is to revert back to what the original members of the golf course wanted as the direction for the 7 member commission. This committee wants to get back to the original intent.

Mr. Johnson followed up on the other question that was asked during the public hearing regarding what research took place with other municipalities on commission vs. committee. Mr. Johnson stated that the committee did research this and during their due diligence they discovered that it depended upon what was taking place politically during the inception of the golf committee or commission in that particular municipality.

Mr. DeSantis stated that a request was made for Mr. Ryan to further address concerns regarding the -Receipts Reserve Fund. Mr. Ryan has yet to address the committee. Mr. DeSantis asked Mr. LaMantia to speak with Mr. Ryan about this request. Since the last meeting Mr. DeSantis discovered that the state may frown upon any municipal entity generating profits. If that is mandated by the state then those profits must stay within the municipal entity where fees are refunded or reinvested back into the entity. The aforementioned statement needs to be addressed by Mr. Ryan. If the statement is true, that the state mandates this, then the committee may wish to reconsider accounts earmarked for the RR Fund. This was not discussed by the committee, but merely a statement by Mr. DeSantis.

Discussion ensued between committee members regarding this issue. Mr. LaMantia stated that permission needs to by sought through town meeting. Any transfer of funds needs to be approved at town meeting. Mr. DeSantis stated that Mr. Ryan needs to be invited to the next meeting to address the concerns of the committee.

Mr. DeSantis stated for the record that Mr. Ryan has been of considerable help to this committee. Mr. LaMantia suggested that the committee meet on a night other than Monday. Its often difficult for Mr. Ryan to attend a Golf Committee meeting because he needs to prepare for the BOS meeting which usually lasts until 11:00pm. Mr. DeSantis stated that there are scheduling conflicts for any other day. The GC meeting begins at 5pm and ends at 7pm and does not intend to conflict with the BOS meeting.

Correspondence Requiring Action:

Email regarding COC not to allow cart path renovation for course capital improvements. Mr. DeSantis read a portion of the email to the committee. Mr. DeSantis stated that he is very frustrated with the three reasons Mr. Watson provided for the rejection. These reasons were not provided in writing, just given verbally during a phone conversation. The COC was concerned with the character of the course and the golf committee should be addressing debt service, as well as, the need for maintenance on the course. Mr. DeSantis stated there was a lack of feeling and professionalism that goes into the golf committees capital projects process, and the three reasons that the COC gave were very far off the map.

Mr. DeSantis stated that the Golf Committee should address the COC either in person or in writing because the situation is intolerable and should be pursued in an aggressive manner. Mr. Johnson stated that he questions the impartiality of the COC chairman telling the committee no, but saying we should take care of business.

Mr. DeSantis stated there is a general lack of validity and purposefulness in their review of the golf course. It is an injustice to the staff, golf course and what Cranberry Valley does for the community. It makes a significant contribution fiscally and socially.

Ms. Hippler stated that requesting money for aeration was like pulling teeth. Mr. DeSantis added that some members of the COC serve on FinCom. Mr. DeSantis also stated that the request that was made in our budget was denied and then put off to the Spring. Then, in the Spring the aeration was cut from

the budget again when the request was made. Aerations are critical for the course and the fact that there was a waiting period until free cash was available gives the committee good reason the set up a funding mechanism so that critical issues like this do not happen.

Mr. Catlin stated that this is why the second proposed article is very important. The only recourse for the Golf Committee, during budget cuts, is to appeal directly to the BOS.

Mr. DeSantis stated that the chairman of the COC did not put his comments in writing and that they appreciably overstepped their authority. Mr. Johnson stated that the accusation of being negligent is infuriating when the Golf committee is trying to do the right thing for the town. He also stated that currently the committee has approach the town begging hat in hand and a new funding mechanism would fix this issue.

Mr. Smith stated that is important to put Mr. Watson aside and address the COC as a whole. The COC has a separate charge from the town and an objective different from the golf committee.

Ms. Hippler stated that the COC's job is to strictly review financial impacts and she feels there will be a loss of money if cart paths are not improved upon.

Mr. DeSantis stated that Mr. Ryan explained that Cart Paths would add $25K to the budget and based on revenues generated, this would be absorbed in fees. The golf course has historically shown a profit each year, this year it was $109K. Cart revenue is lost during inclement weather.

Mr. Palleschi stated that the committee has power over the maintenance of the golf course and therefore should be none of the COC's business.

Discussion ensued between committee members regarding the comments from the COC.

Mr. DeSantis stated that the committee recognizes the debt service and that is being addressed through a transition fee of $80K. The debt service would not be as much if the capital projects were addressed in the first 20 years the golf course was in existence. In regards to maintenance, the course has a thatch problem caused by the fact there are not enough aerations. The fact the COC recommends more aerations is very frustrating since the committee is always being denied by the finance committee.

Mr. LaMantia stated that each of the committees (golf and capital outlay) have a difference in approach and objective. They are trying to make financial judgments with scarce funds.

Mr. Sweeney stated that the golf committee really needs to sell the RR Fund model to the town so aeration won't be a problem.

Mr. Catlin stated that he does not think it is legal anymore to take revenue from the golf course and give it to other departments. Ms. Hippler stated that the if the town doesn't reinvest in the golf course then people won't come to spend their money.

Mr. Mitchell stated that the budget process is nonsense and we need to be aggressive, spend the money and do it our way.

Mr. Mitchell readdressed the issue of when the other members of the committee and himself sat in on a FinCom budget meeting and it was a fiasco. Discussion ensued between committee members regarding this. Mr. DeSantis stated that with all fairness to the process, the committee has always gotten the financing.

Motions:
Mr. Catlin made a motion that the Golf Committee send a letter to the COC requesting a written explanation of their decision and their minutes. The motion was seconded by Mr. Smith and the motion was unanimously approved by the committee.

Mr. Johnson made a motion to summarize revenues since the inception of the golf course. The motion was seconded by Ms. Hippler and the motion was unanimously approved by the committee.

New Business:

Capital Outlay Committee decisions regarding cart path renovation:

Mr. DeSantis stated that this was just discussed within the correspondence requiring action portion of the meeting.

Annual Report presentation to Board of Selectmen on 10/13:

Mr. DeSantis stated that this should be addressed at the next meeting on 9/28 and asked that Ms. Hippler determine if there will be a quorum for the 10/13 golf meeting as well.

Director of Golf Report:

Mr. Hoye stated that staff is working to lock down tournament dates for committee approval. Mr. Hoye stated that a tournament with less that 64 players created a loss in revenue and this needs to be prevented in the future. Mr. Catlin stated that these tournaments were scheduled on the shoulder season in the past. Mr. Smith asked for participation numbers from women's events. Mrs. Sweeney stated they are always full. Mr. Hoye stated that Pro-Am events should be canceled because they affect revenue.

Mr. Hoye stated that Cranberry Valley will be featured on the cover of a golf periodical.

Mr. Hoye readdressed issues of unemployment stating that it is cheaper to pay unemployment cost rather than hire full time employees. Mr. Palleschi stated that in basic fairness an employee should certify when they are ready, willing, and able to work and not just collect unemployment and go work in a different state. Mr. DeSantis asked to defer this to the Personnel Subcommittee.

Mr. Hoye stated that he received a 4^th bid on tee box renovation and will complete the process.

Mr. DeSantis made a motion to adjourn the meeting. Ms. Hippler seconded the motion and the meeting was adjourned.

Respectfully submitted,

Phil Gaudet