COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, SS. SUPERIOR COURT DOCKET

NO. 08-04641-B

JOHNSON GOLF MANAGEMENT, INC.,

PLAINTIFF

V.

TOWN OF DUXBURY, AND

NORTH HILL ADVISORY COMMITTEE,
CONSISTING OF MICHAEL DOOLIN , CHAIRMAN ,
SCOTT WHITCOMB, ROBERT M. MUSTARD , JR .,
MICHAEL MARLBOROUGH , ANTHONY
FLOREANO , MICHAEL T. RUFO , THOMAS K.
GARRITY , RICHARD MANNING , W. JAMES FORD ,
AND GORDON CUSHING (EX OFFICIO )

and CALM GOLF, INC ., AND

CHARLES LANZETTA
DEFENDANTS

SUPPLEMENTAL AFFIDAVIT OF STEPHEN R. FOLLANSBEE IN SUPPORT

OF PLAINTIFF’S APPLICATION FOR A PRELIMINARY INJUNCTION
- January 28, 2009-

1. Having finally been provided access to the Non-Price Proposals of the other Proposers

from the October 2008 RFP Process, the following documents are now submitted for the

Court’s consideration: Attached hereto as Exhibit “A” is a copy of the Non-Price

Proposal of CALM Golf submitted to Duxbury on or about October 24, 2008.1 Attached

1
Attached is the cover letter dated January 15, 2009 purporting to enclose such
documents. There were no copies of any of the Non-Price Proposals included in the material
forwarded from Attorney Troy. Although the letter was dated January 15, 2009, it was not
postmarked until January 21, 2009 and it was received on January 23, 2009. Exhibit “F”
 hereto as Exhibit “B” is a copy of the Non-Price Proposal of Robert Gunnerson

submitted to Duxbury on or about October 24, 2008. Attached hereto as Exhibit “C” is a

copy of the Non-Price Proposal of Eagles Nest Tree and Landscape submitted to Duxbury

on or about October 24, 2008. Attached hereto as Exhibit “D” is a copy of the Non-Price

Proposal of Steven Daley- Mark Stiles submitted to Duxbury on or about October 24,

2008. Exhibits A-D were seen for the first time today at Duxbury Town Hall at

11:30am.

2. Attached hereto as Exhibit “E” are the evaluations of CALM Golf prepared by the

evaluators, Gordon Cushing, William Dixon and Anthony Floreano with regard to the

RFP in October, 2008.

3. According to the evaluators Dixon, Cushing and Floreano, CALM Golf was scored as

being “Highly Advantageous” in eight of twelve categories. CALM Golf received two

ratings of “Advantageous” and two ratings of “Not Advantageous.”

4. Attached as Exhibit “G” is an additional copy of the Criteria Evaluation Standards from

the RFP of October, 2008.

5. The evaluations of the proposals of Robert Gunnerson, Eagles Nest Tree and Landscape

and Steven Daley- Mark Stiles are attached hereto marked Exhibit “H”

6. CALM Golf in its proposal of October, 2008 did not identify any on site superintendent

whatsoever. [page68 of Exhibit “A” hereto]. Accordingly, CALM Golf could not

possibly have been rated as anything other than Unacceptable in the area of

Organizational Capability.

7. The proposal of CALM Golf could not have achieved even a rating above “Not

2
 Advantageous” in the category of Relevant Experience. The specific language of the

Criteria Evaluation Standards found on page 6 of the RFP from the October 2008 process

states under “Not Advantageous” the following: “The firm’s personnel may have had

experience within the business of golf, or comparable business enterprise, but the

firm has less than three years experience.” [ See Exhibit “G” page 6 attached

hereto].

8. CALM Golf in its proposal of October, 2008 did not identify any on site superintendent

whatsoever. [page 68 of Exhibit “A” hereto]. Accordingly, CALM Golf could not

possibly have been rated as anything higher than Not Advantageous in the area of

Maintenance Equipment/Staff.

9. It is axiomatic that CALM Golf’s proposal in the category of Financial Information could

not possibly have been considered as Highly Advantageous since it did not provide the

required audited financial statements. Additionally, CALM Golf only provided two years

worth of financial statements together with one corporate tax return showing zero

income.

10. In its proposal CALM Golf identified only two “contracts” awarded to CALM Golf

throughout its six years in existence. One was a four month contract at Strawberry Valley,

Abington in 2003 and the other was a contract in 2008 having to do with the Pro Shop at

the Rockland Golf Course, which is essentially a contract between Charles Lanzetta and

himself. [page 7 of Exhibit “A” hereto].

11. The financial statements submitted by CALM Golf in its proposal show that CALM Golf

has not had any income in the years 2005, 2006 and 2007. These were the only years for

3
 which CALM Golf provided financial data. [pages 78-90 of Exhibit “A” hereto]

12. The financial statements submitted by CALM Golf in its proposal show that CALM Golf

had total assets of $4,411.92 in 2005, total assets of $1,336.92 in 2006 and total assets of

$169.00 as of December 31, 2007. [pages 78-90 of Exhibit “A” hereto].

13. The financial statements submitted by CALM Golf are not audited and thus the proposal

of CALM Golf could never have achieved the rating of “Highly Advantageous” in the

category of Financial Information.[pages 78-90 of Exhibit “A” hereto]2

14. CALM Golf is not operating any golf course presently and with the exception of a four

month period in 2003, CALM Golf has never operated and maintained any golf course.

15. The financial information provided by CALM Golf in its proposal demonstrate that

CALM Golf had no income for the past three years and minimal assets of $169.00 as of

the end of 2007.

16. The Non-Price Proposal of Eagles Nest Tree & Landscape should never have been

considered since the proposal (Exhibit “C”) was not signed, nor did it include the Non-

Collusion Certificate which the RFP required (page 9 of the RFP). In addition, Eagles

Nest Tree and Landscape failed to include audited financials; failed to show any occasion

in which it managed and maintained any two golf courses simultaneously for a three year

period; failed to show that it had pesticide insurance and failed to show that it was

currently operating even one golf course.

17. The Non-Price Proposal of Robert Gunnerson (Exhibit “B”) clearly demonstrates that

2
In fact the Accountant at page 78 of Exhibit “A” specifically states that “I have not
audited or reviewed the accompanying financial statements.”

4
 Mr. Gunnerson is not currently in business and is not managing any golf course or

comparable business. Furthermore, the Gunnerson Proposal did not include audited

financials; did not show that Gunnerson ever operated and maintained more than one golf

course for a period of three years; did not include pesticide insurance; did not include

required equipment list; and did not provide balance sheets or income statements as

required under the Financial Information section of the RFP.

18. The Non-Price Proposal of Daley & Stiles (Exhibit “D”) did not include the Non-

Collusion Certificate which the RFP required (page 9 of the RFP). In addition, Daley &

Stiles failed to include audited financials; failed to show any occasion in which it

managed and maintained any two golf courses simultaneously for a three year period;

failed to show that it had pesticide insurance and failed to show that it was currently

operating even one golf course. It was rated Unacceptable in every category by Mr.

Floreano and it was given an overall rating of “Not Qualified” by Mr. Floreano. It was

rated “Not Advantageous” overall by Mr. Cushing. It was rated “Not Advantageous” in

two categories by Mr. Dixon and rated “Advantageous” by Mr. Dixon in Maintenance

Equipment and Organizational Ability.

19. The Daley/Stiles Proposal also failed to list any superintendent or Golf Professional. No

one named in the proposal had any experience in the golf management field whatsoever.

Signed under the pains and penalties of perjury this 28th day of January, 2009.

_______________________
Stephen R. Follansbee

5
 CERTIFICATE OF SERVICE

I, Stephen R. Follansbee, hereby certify that a true copy of the Supplemental Affidavit of
Stephen R. Follansbee dated January 28, 2009 was served upon Robert Troy, Esq by first class
mail to Robert Troy, Esq., 90 Old Kings Highway, Sandwich, MA 02563 and David Edge, Esq.,
Geary And Associates, 161 Summer Street, Kingston, MA 02364

Signed under the pains and penalties of perjury this 29th day of January 2009.

_______________________