Solomon completes ruling, limits FMC to 12 months
Published on November 5th, 2003
STONEHAM, MA - The legal ruling on the Stoneham Arena is in and, as with most important decisions concerning Stoneham's future, differing groups within town may be polarized by the decision.
After several weeks of mulling over a final decision on the tentative management pact between the Town of Stoneham and the FMC (Facilities Management Corporation), Town Counsel Bill Solomon has decided that the agreement may lean closer to a lease agreement than a management pact.
In other words, Solomon ruled that the Town of Stoneham can't enter into anything longer than a 12-month RFP agreement with FMC.
"It is my opinion that an agreement entered into pursuant the RFP would be an agreement for the use of town owned land and property, and thus governed by Section 10(h)," wrote Solomon in a 13-page legal opinion on the RFP agreement. Section 10(h) limits such agreements to no more than twelve (12) months, absent a vote of town meeting."
According to Berry, the town will look to secure a one-year agreement with FMC to manage the day-to-day operations of the rink, and then either return to Town Meeting for a renewal of the agreement, turn to Stoneham Youth Hockey to run the operations, restart the RFP process or combine the Arena and Unicorn Municipal Golf Course management teams.
"I want to combine the arena and the Unicorn Golf Course into one," said Ciccarello of pulling everything under one umbrella. "And when one session ends, the director goes into another."
While Selectmen Cosmo Ciccarello and, to a lesser extent, Bob Sweeney have both been major proponents of combing golf course and arena forces, Berry wasn't convinced it would work.
"Right from the beginning, I've had doubts that it would work," opined Berry about Ciccarello's combination proposal. "There's too much overlap of the seasons and a person really can't do both jobs with that overlap...I think we could lose money from doing it."
"I hope we're not doing it for what could be perceived as a hidden agenda," added Berry, who wouldn't elaborate on any hidden motives for combing the two town organizations.
Selectman Charlie Smith, the lone board member on the Arena Oversight Committee, has stood unwavering in his support for FMC, and has firmed up that stance in the last few weeks.
"Let me say this on the record for the newspapers," said a candid Smith at Monday night's goals-setting meeting. "Stoneham Youth Hockey and Charlie Houghton are sour grapes. They wouldn't be complaining if their name was number one...that's ridiculous."
Smith said he harbors no personal angst against Houghton or Stoneham Youth Hockey, but instead believes FMC was the best choice for the town.
"We need to set the best interests of the town and the children over personal agendas," said Smith. "Stoneham Youth Hockey has a problem with FMC because they will be pocketing any profits made from the arena...but what would happen to any profits if Stoneham Youth Hockey was in charge?"
According to Smith, the deal with FMC would immediately clear nearly $300,000 (personnel costs and Arena overhead) off the town's expense ledger, and could cost the town $93,000 in capital improvements outlined by FMC.
"There was no doubt that this was the best deal for the town until the identities of the bidders was revealed," said Smith. "Cosmo keeps talking about sweetheart deals...I think this Stoneham Youth Hockey/Stone-ham Arena situation is a sweetheart deal."
Houghton disagrees with Smith's assessment of the situation and isn't completely enamored with FMC running the arena for a year, but will bide his time.
"I'm not doing any handstands (about Solomon's ruling)," said Houghton. "But I'm not going to litigate either."
"I got into this for one reason: so the Stoneham Arena wouldn't be controlled by someone outside of Stoneham," added Houghton. "It's obvious that private corporations are interested in the arena because they see it as a moneymaker. Burbank Arena brings in $200,000 a year...there's no reason we can't do that here."
Houghton said that if Stoneham Youth Hockey were to take management control of the arena, he would put together a group of local rink managers as consultants to the Stoneham group.
"It would certainly be a sacrifice for a lot of the Stoneham Youth Hockey parents, but I think that we know what's involved," said Houghton of the volunteer group handling the Stoneham Arena management.
Berry was attempting to contact FMC to gauge their interest in a one-year agreement, but hadn't heard back from them at the Stoneham Independent's press time.
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