SENATE DOCKET, NO. 2454 FILED ON: 3/8/2010
SENATE . . . . . . . . . . . . . . No. 2310
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The Commonwealth of Massachusetts
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In the Year Two Thousand Ten
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An Act relative to the Max Ulin Rink.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, and using those competitive proposal processes as the division of capital asset management and maintenance considers necessary or appropriate, the division, in consultation with the department of conservation and recreation, may lease and enter into other agreements, for terms not to exceed 25 years, to 1 or more proponents, for Ulin memorial rink in the town of Milton, so as to provide for the continued use, operation, maintenance repair and improvement of such state-owned buildings and facilities, together with the land and appurtenances associated therewith,
(b) The failure of a city or town to apply for prequalification, as set forth below, shall not prohibit that city or town from bidding under this section.
(c) Before the division, in consultation with the department, sends out a request for proposals under this section, the division shall hold open a prequalification period of not less than 30 days for the town of Milton and any nonprofit organizations located within the Town of Milton that desire to bid on the rink listed in this section and located within the town of Milton, or for a partnership of municipalities which share geographic boundaries as long as the subject rink is located within the geographic area of the municipalities comprising the partnership. A city, town, nonprofit organization or partnership of municipalities that desires to lease a rink under this section may submit materials for prequalification. The prequalification determination may consider, but need not be limited to, the city’s, town's, nonprofit organization’s or partnership’s ability to finance the capital improvements determined to be necessary at each rink listed in this section by the division and to manage, operate and maintain the properties. The division, in consultation with the department, shall determine whether a city, town, nonprofit or partnership is prequalified within 15 days of the end of the prequalification period. If a city, town, nonprofit organization or partnership is determined to be prequalified, that city, town, non-profit organization or partnership shall be awarded the lease for that rink under the terms and conditions set forth in this section. Preference shall be given to the city or town in which the rink is located. If a city, town, nonprofit organization or partnership is determined to be prequalified, that city, town, nonprofit organization or partnership shall pay consideration of one dollar ($1.00) for a lease subject to the required capital improvements, performance specifications and other prequalification requirements and terms of the division and submitted proposal. If more than one nonprofit organization is determined to be prequalified the department may choose which nonprofit or partnership to award the lease for that rink. The length of the lease shall be determined between the division and the city, town, nonprofit organization or partnership.
(d) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the properties and to undertake initial capital improvements the commissioner determines is necessary due to the structural condition of the property. Leases or other arrangements requiring improvements to be made to a property may include a description of the initially required improvements and performance specifications. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following order of priority: general public skating; non-profit youth groups; high school hockey; for-profit youth groups, and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in two-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. The leases and other agreements authorized in this section shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. Consideration received from the leases or other agreements for Ulin Memorial Rink in Milton shall be payable to the department of conservation and recreation for deposit into the Blue Hills Reservation Trust Fund in accordance with section 34C of chapter 92 of the General Laws. The lessees or the recipients of the properties shall bear the costs considered necessary or appropriate by the commissioner of conservation and recreation for the transactions including, without limitation, costs for legal work, survey, title and the preparation of plans and specifications.
(e) The names of the ice skating rinks and facilities referenced in this section shall not be altered or changed under the leases or agreements without the written consent of the department of conservation and recreation.
SECTION 2. This act shall take effect 30 days after its passage.