A memorandum of agreement between the WW-P Board of Education and the WW-P High School South Booster Club for handling the installation of athletic field lights at both of the district’s high schools will be on the agenda for a possible vote on Tuesday, December 14.
The drafted memorandum of agreement places all of the responsibility of installing the lights — from obtaining any necessary zoning approvals to financing the football field lights — in the hands of the Booster Club.
Since the idea was first discussed last year, district officials have maintained that the district would not spend any of its own money on the installation of the field lights. However, some residents said during the November 23 meeting that they felt that the agreement had loopholes that could create expenses to the school district in the future.
The agreement protects the school district against any charges — even for utility (electrical) costs — with regard to use of the lights.
The proposed agreement grants the Booster Club the permission to enter school property to install the “improvements,” which consist of “a four-pole lighting system designed to illuminate two football fields (approximately 360 feet by 160 feet at each school) with 50 foot candles.” According to the proposed agreement, the installation would take place in 2012.
The Booster Club would be responsible for independently financing, carrying out, and installing the improvements, including obtaining any loans and hiring any professionals or contractors to install the lights.
“No board funds have been allocated for or spent on the improvements,” the proposed agreement states. The agreement also states that if the Booster Club is unable to raise sufficient funds to install the lights within two years, the board will terminate the agreement.
The school board does play some role in the light installation: approving the plans, specifications, and design of the field lights. The scheduling of work for the project will also be subject to approval by the superintendent.
The proposed measure also ensures that the district will not be responsible for any legal claims. Once the project is completed, the board will retain the exclusive right to determine the usage of the completed project, the proposed agreement states.
The agreement also states that following the installation, the Booster Club will be responsible for utility costs attributable to the use of the lights. Every school year, the board and the Booster Club will meet to estimate the cost of the usage for that school year, and the Booster Club will be required to advance those costs to the district before the school year begins.
Genevieve Stiefel and Sara Campanella, two residents of West Windsor who live adjacent to High School South’s athletic fields, read a statement containing a list of various concerns with the agreement, which was released to the public earlier last month.
Among the concerns was that the agreement contained no escape clause for the school district. “The Board of Education does not have any recourse to opt out in the event circumstances change, and the Board of Education decides it does not want the athletic field lights installed,” said Stiefel.
Stiefel also said that the way the agreement is written, it could be interpreted to say that no expenses are covered other than utility costs.
“The rest of the costs that are or may be associated with the lights, such as additional security required by nighttime athletic events, increased maintenance of the artificial turf, additional liability insurance, administrative costs in determining the facility usage, are being absorbed by the district,” said Stiefel.
She also said that the agreement does not prohibit the Booster Club from using revenue through advertising funds to pay for the installation or maintenance of the field lights. “Any revenue generated by advertising on district poles — taxpayer-funded property — should be used to offset any budget increase that would result in a property tax increase,” she said.
“Additionally, there are no provisions anywhere to deal with potential cost overruns or unanticipated expenses,” she said.
She also said there was a “real potential” for complaints and lawsuits that could arise if a person complains that there is disparate funding by the Booster Clubs between boys’ and girls’ teams.
Campanella also read a statement from another resident, who said that the Booster Club will raise funds from some taxpayers in the district. Essentially, “the expenses will be the responsibility of the taxpayers one way or another.”
Pat Boyle, a member of the High School South Booster Club, responded to some of the claims. He said that the Booster Club and district have thoroughly examined many of the concerns, particularly relating to ensuring that the district would not be responsible for any costs associated with the lights.
He also said that with regard to the claim that additional expenses will be incurred because of factors like needing more security for more evening games that would be held at the field under the lights, he said that one of the reasons for installing the lights is actually to increase attendance to draw more people to raise even more money.
With regard to fund raising, Boyle also said that those who give to the cause are doing so by choice. In addition, there are many donors outside of the community who make large contributions.
“We’ve tried to cover all of the areas of concern,” said Boyle.
School board members also weighed in. “This is just an agreement to allow the Booster Club to go ahead and fund raise,” said Board President Hemant Marathe. “The board will have another discussion on the issue before the lights are put up.”
Board Vice President Robert Johnson said that the district would actually spend less than it does now to hold some of its games under the lights at Mercer County Park. The district recently paid money to the county to rent the field at night for the North-South boys’ and girls’ soccer games.
He estimated that the cost of operating the lights in district would be roughly $10 an hour once they are installed. “For what we pay for one evening at Mercer County, we could get 10 games” at the WW-P fields, he said. “It’s not even a fair estimate then because we’re not paying the electricity for those 10 games” because it would be the Booster Club’s responsibility, Johnson said.
