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Town Moves Toward Ulin Rink Takeover

By Scott MacKeen
Staff Writer
5/20/10
Selectmen are taking the first steps toward issuing a proposal that could have the town take over management of the Ulin Rink.

At the same time, some residents say they are ready to establish a nonprofit foundation to maintain the facility.

The rink on Unquity Road, which has long been operated by the state, was put on a bid list earlier in the year by the Department of Conservation and Recreation.

Citing operating losses in maintaining the facility, the DCR has stated it wants to see the rink run by someone else and has issued a Request for Proposals with a five-year permit.

At their meeting May 13, Selectmen voted to send a letter of intent to the DCR stating the town’s interest in putting together a proposal for the rink. The deadline for submitting an official response is June 1.

Under provisions in the RFP, that first step – issuing a letter of intent – would ensure that the town has right of first refusal in the bid process, Selectman John Shields said.

Shields said he received that information from the attorney’s general office, which has supported the town’s request for more time to submit a proposal.
“If the town sends a letter of intent, all other bidders are out,” he said.

During the meeting, members of a self-appointed Ulin Rink Study Committee gave recommendations on how Selectmen might proceed with steps to secure operation of the rink. Tim Kernan, the committee’s informal chairman, said it was his group’s goal to come up with a plan that would protect the town hockey organizations that currently use the rink.

Kernan recommended that a nonprofit Ulin Rink foundation be formed to take over operating the rink. He said there are many people in town committed and skilled in various aspects of the management and maintenance that would be required.

Kernan said that option gives the town “assurance of local control” in keeping town groups on the ice.

“The Ulin Rink is in very good condition. It was renovated 12 years ago. The rink can be run effectively without the need for a third-party manager,” Kernan said. “There’s no question in my mind [a foundation] would be sustainable.”

Kernan said under the foundation, a board of directors, comprised of residents not affiliated with any user group, would be established, and a professional manager put in place within the foundation. Various committees would be formed to handle building and grounds, scheduling, energy and marketing of the facility.

In addition, the foundation would explore the possibility of extending the traditional September-to-March season during which the rink is used and finding other recreation uses of the facility, Kernan said.

Kernan predicted such a foundation could be formed within 30 days, although he said it would take several months to gain nonprofit status through the Internal Revenue Service.

Based upon current financials attained through the DCR, Kernan said the startup cost associated with transferring operations would be about $53,000. That would mean the foundation would probably run an operating loss in the first year – which could be made up through fund-raising – before seeing a revenue stream, he said.

That scenario concerned Selectmen Chair Marion McEttrick, who said she could see a nonprofit group operating the rink, but said the town “would have to absolutely be protected from any operating loss.”

“We can’t afford to take on a liability,” McEttrick said.

McEttrick said she sought advice from town counsel regarding the legal challenges of going ahead with the nonprofit management plan. She said the town could not act as a partner to a private foundation in responding to the RFP. The town would have to first secure the DCR permit independently, and then put the rink out to bid.

The town cannot “hire a private group without going through a public process,” according to McEttrick.

Further complicating matters is the fact that two separate pieces of legislation involving management of Ulin Rink are currently before lawmakers. A Senate bill backed by Sen. Brian Joyce proposes a 25-year lease at $1 a year for the town to handle operations of the rink. Some town officials feel this bill is not strong enough in protecting Milton’s ice time. A House bill proposed by Rep. Walter Timilty, which Shields called “far more advantageous to the town,” calls for a 10-year lease of the rink with an additional 10-year extension option.

Although both bills are pending and could reshape the debate over Ulin Rink, Shields said it is important for the town to “keep its eyes on the RFP,” which is “the only thing that exists at this point.”

Shields wanted the town to seek a further extension until July 1 to submit a proposal.

Selectman Bob Sweeney, who has long been associated with Ulin Rink as a director of the Learn to Skate program that operates there, said he would favor seeing a local nonprofit group manage the facility rather than a private management company. He said a management company would be after a profit while local operators would have the community in mind.

“I’m throwing my hat in your ring,” he told Kernan. “Your motives are pure and simple. You just want to help out. I appreciate that. The time is here. We need to do something.”

According to Kernan, Milton Youth Hockey and Milton High School have agreed to cooperate in the formation of a Ulin Rink foundation, although Curry College still has questions about the plan.

Selectmen will meet May 20 to review a draft of the letter of intent prior to it being submitted to the DCR.