Harwich Golf Committee
Minutes

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

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

MEMBERS ABSENT: Sal DeSantis, George Mitchell

STAFF PRESENT: Joe McNulty, Phil Gaudet (recorder)

Ms. Hippler called the meeting to order at 5:15.

Ms. Hippler introduced Gerry Loftus to answer any questions for the golf committee regarding last weeks presentation on affordable housing.

Mr. Catlin asked Mr. Loftus to further clarify what the Affordable Housing Committee is interested in. Mr. Loftus stated that his committee is interested in land that the golf course owns on Oak Street. The specific parcel is "Pine Oaks #3".

Ms. Hippler asked how the abutters and neighbors feel about affordable housing in their area. Mr. Jefferson stated that a few years ago a survey was taken in the surrounding area. The neighbors and abutters agreed that they did not support affordable housing. There was a verbal agreement between the citizens and selectmen that no housing would be built. Mr. Loftus stated that Harwich citizens have commented about the nice appearance of these homes. He also added that these homes are designed not be an eyesore.

Mr. Palleschi asked Mr. Loftus for his response regarding Mr. Jefferson's comment -there was a
covenant that no affordable housing would be built. ........................

Mr. Loftus stated that according to his research there was nothing in writing regarding an agreement not to build these homes. Mr. Palleschi asked Mr. Loftus if he discounted Mr. Jefferson's knowledge. Mr. Loftus stated that the key word is "adopted". There was nothing in writing where the selectmen adopted this policy.

Mr. Palleschi stated that if Cranberry Valley had built the additional 9 holes it would have become the best course on Cape Cod and would not vote to release land to the Affordable Housing Committee.

Mr. Catlin stated that these comments were made during the Pine Oak's Transfer in early 2002-03. Mr.
Johnson stated that this is a competing social policy issue A few people benefit from affordable housing
meanwhile there are 1,000 members of Cranberry Valley that need to be serviced. Mr. Johnson added
that there is an undercurrent, there are personal witnesses to a verbal covenant that took place. Mr.
Jefferson suggested that the Affordable Housing Committee review the minutes of that particular
^selectmen'smeeting".

Mr. Jefferson recommended that Mr. Loftus continue to research town records and the golf committee should do its own due diligence as to reasons why/or why not they would release that land. Ms. Hippler stated that you cannot patrol access to Cranberry Valley with more people next to it.

Mr. Johnson stated that is would be difficult for the committee to release land at this point with competing social policy issues.

Ms. Hippler stated that the committee must complete the RFP this evening.

Mr. Johnson stated that the committee shouldn't be too ambitious and offer a 10 year lease until there is a better understanding. He added that there is hidden potential regarding the golf committee's second article for town meeting. If the restaurant, fund is transferred into the pro-shop revolving fund the restaurant can be improved -addition of banquet space.

Ms. Hippler asked that the Restaurant Subcommittee lead the discussion regarding this issue.

Mr. Palleschi thanked Mr. Catlin for his hard work on the restaurant subcommittee for providing an excellent outline. The committee is very well informed on every issue regarding the restaurant due to Mr. Catlin's due diligence.

Mr. Catlin read aloud a list of questions/requests regarding what should be addressed within the RFP.

Question of Capacity: The building's septic system limits the capacity needs to be addressed because if the building was expanded this would violate the building code. Mr. Jefferson stated that the Board of Health has overlooked this issue in the past.

Porch furniture or dining room equipment: If furniture or equipment fails it is the lessee or the owner's responsibility to replace it. Mr. Catlin stated that in his experience, it is the lessee's responsibility to
replace what is broken and the town would own the property.

Mr. Palleschi stated that the whole idea behind an RFP is that there is a give and take. If no one bids then the RFP needs to be changed. You can always renegotiate the RFP with the interested parties.

Ms. Hippler asked if the lessee is responsible for the cleanliness of the restaurant. Mr. McNulty stated
that the lease addresses cleanliness. Ms. Hippler stated that there have been cleanliness issues and this
needs to be reinforced.

Mr. Palleschi stated that there should be a requirement for new porch furniture. Beverage Cart:

Mr. Smith stated that regarding the beverage cart, he would like to see the next lessee begin operating one. All great courses offer this service and it would be a benefit to the course.

Signage:

Should there be a requirement for signage on town property located by the route 6 off-ramp exits and other areas in which the town owns.

Mr. Palleschi stated that lessee should be required to put up one sign outside the course. The committee/town is responsible for other signs.

Mr. Catlin stated the lessee should get a marketing credit if he spends a certain amount of money on marketing. Discussion ensued between committee members.

Ms. Hippler asked that cleaning obligations in the porch area be included in the lease. Percentage of gross as restaurant profits:

Mr. Catlin stated that a certain percentage of gross profit against minimum rent should be stipulated in the lease. He added that Brewster has a model where they collect 10% of gross sales. It is triggered only after the restaurant makes a certain amount.

Security Deposit:

Mr. Catlin stated that security deposit is currently $2500. It should be increased to $5000.

Discussion ensued between committee members regarding whether or not rent should be increased.

Mrs. Sweeney asked if it is possible for the lease to stipulate a clause where the Men's and Women's Association are allowed to meet in the restaurant without ordering food. The current lessee does not allow these clubs to meet unless they purchase food items. Discussion ensued between committee members. Ms. Hippler stated that the committee really can't make that stipulation because that is up to the restaurant owner.

Mr. Sweeney asked if the lease stipulated liability. Mr. Catlin stated that the lessee is responsible for liability insurance.

Hours of Operation:

Mr. Catlin stated that there is a minimum requirement for how long the restaurant can be open. The lease expressly defines this minimum.

Ms. Hippler stated that there have been times when the kitchen has been closed and/or the menu was much too limiting on non-peak hours. There should be a stipulation regarding a "bar/pub menu" when you can always get something simple to eat like a hot dog or hamburger. Discussion ensued between committee members regarding this issue.

Mr. Catlin stated that the Director of Golf is charged with enforcing the lease.

Mr. Catlin stated there were no other lease issues on his list of discussion. He stated that Mr. McNulty should revise the lease accordingly.

Mr. Smith asked if there is anything else that needs to be addressed on the time line. Ms. Hippler stated that Mr. McNulty and Mr. Hoye will revise the RFP.

2.10/13 Selectmen's Meeting and Quorum:

Ms. Hippler asked the committee who will be present during for the Selectmen's meeting on 10/13 and if there will be a quorum for the golf meeting. Mr. Catlin and Mr. Palleschi stated they would be available. Mr. Palleschi stated that Mr. DeSantis and Mr. Mitchell will be present. Ms. Hippler stated that there will be a quorum and the next golf meeting can occur.

3. Further discussion/updates on Town Meeting articles:

Mr. Catlin stated that the Men's Association met with committee members on Friday. It was a consensus that the RR Fund will be a great challenge to pass because it will diminish the town's revenue. Mr. Jefferson reiterated this feeling and stated that the committee needs to develop a message to help educate the public and their perception. Mr. Johnson stated that a frequently asked questions list should be developed. Mr. Catlin stated that a planning session should be placed on next weeks agenda to create a public perception message.

Mr. Palleschi reintroduced discussion of the committee's vote against inserting the enterprise funding mechanism as the financial model for the course. Mr. Palleschi stated that this vote should be changed because there is a good chance the Attorney General's Office will not approve the amendment to the by-law because it contains illegalities. Mr. Palleschi distributed a document highlighting several court case precedents that state that it is unlawful to give money back to the town. The Attorney General will be looking for a clear explanation and the Reserve Receipts fund article will not be supported. Mr. Palleschi stated there is no way the Attorney General will support this article unless the golf committee changes its vote.

Mr. Palleschi stated that he is very sure the article will not pass muster unless we support the law in the Emerson College case. The Attorney General's office will pick apart the rational because it is not in support of the law. We need to reiterate that we need to be in compliance with the law (Emerson College case). The office will not read into or interpret the current rational. The golf committee's executive summary will not support the law and the AG's office will not support it.

Mr. Johnson asked if the committee should take action on this. Mr. Palleschi stated that if the chairman was present, he would defend the current direction of the committee, but the 4-3 vote needs to be changed. Ms. Hippler stated that she would not support this action. Mr. Palleschi stated he will not participate in Town Meeting discussion.

Ms. Hippler asked regarding the Emerson College case precedent, how are other municipalities getting
away with this? Mr. Palleschi answered that they are operating illegally and they are being sought out
one by one.

Mr. Jefferson stated if you don't do anything, you don't have anything. In my opinion, if you move forward through the open meeting process and there is a possibility it will get approved. If it doesn't get approved than there will be some momentum behind the cause for change. Then the article can be revisited.

Ms. Hippler stated that with the reserve receipts fund, once it accumulates it will match the golf courses profit. Mr. Palleschi stated that the town gets more money on the real estate tax. Discussion ensued between committee members regarding this issue. Mr. Catlin stated we need to determine if the Selectmen and FinCom supports the articles.

4. Further discussion/updates in regard to the Capital Outlay Committee:

Ms. Hippler stated that a letter has been sent to the COC requesting minutes.

5. Discussion about Election of Chair, Vice Chair for next year starting Oct/Nov:

Ms. Hippler asked the committee members to consider if they want to continue for another year and put it up for discussion during the next meeting.

Ms. Hippler made a motion to adjourn the meeting. Mr. Smith seconded and the motion was unanimously approved by the committee.

Meeting adjourned at 7:22.

Respectfully submitted,

Phil Gaudet