The head of a Menlo Park nonprofit swim program for some 300 people — including at least 150 Menlo Park residents — says his swimmers are being pushed out of the city’s new aquatics center by Tim Sheeper, head of the for-profit company that recently took over operation of the three-pool facility.
Chris Hinshaw, board president of nonprofit SOLO Aquatics, said his group — which has used the Burgess pools since 1994 and is guaranteed access to the pools in a contract between Mr. Sheeper and the city — said he may file a complaint with the city if the problem isn’t resolved.
Mr. Sheeper has not responded to repeated requests by the Almanac for comments.
Mr. Hinshaw said he has tried to negotiate with Mr. Sheeper, head of Menlo Swim and Sport LLC, but Mr. Sheeper has denied his requests for sufficient lane space and guaranteed access to the center during hours that reasonably accommodate SOLO swimmers.
Mr. Hinshaw, initially a supporter of the privatization of the aquatics center, said Mr. Sheeper’s actions violate provisions in the contract agreed upon by the city and Mr. Sheeper, and approved February 28 by a 3-2 City Council vote.
SOLO’s rights
According to the contract, Mr. Sheeper inherited an outstanding obligation to just one group in assuming operation of the center: SOLO Aquatics.One of the 36 provisions in the contract calls for Mr. Sheeper to provide SOLO with lane hours at no cost, “upon reasonable terms and conditions.”
City Attorney Bill McClure said Mr. Sheeper inherited the responsibility because SOLO Aquatics provided the city with lane space at Menlo-Atherton High School — where the group also rents space — for city programs when the Burgess complex was under construction in 2005.
He said the city was obligated to provide SOLO about 2,200 lane hours at no cost, and that commitment was transferred to Mr. Sheeper when he took over the aquatics center.
He also noted that during Mr. Sheeper’s five-year lease, he has an ongoing responsibility to provide SOLO Aquatics with lane space because the nonprofit is a community group.
According to the contract, community groups and individuals, such as local swimmers who don’t participate in Mr. Sheeper’s programs or classes, are guaranteed access to the new, $6.8 million publicly funded aquatics center.
“Pushed out”
But Mr. Hinshaw said SOLO Aquatics is being “pushed out” of the center.He said that Mr. Sheeper, since winning his bid to operate the pools in February, has yet to offer a schedule of lane hours that accommodates Mr. Hinshaw’s swimmers.
Mr. Sheeper’s previous offers, he said, wouldn’t provide SOLO Aquatics with the number of lanes the group needs to conduct its programs and classes. The offers also were for hours that wouldn’t accommodate SOLO swimmers, he added.
“I’ve got kids in the community ready to go, and I don’t have any other options,” Mr. Hinshaw said. “If needed, I’m ready to contend that he’s in breach of his agreement with the city, and [the city] should terminate his contract.”
Mr. Hinshaw said he plans to meet with Mr. McClure on August 29; he then will evaluate his options and may decide to file a formal complaint.
A formal complaint would be reviewed by City Manager David Boesch. If he determines the complaint has merit, and the issue goes unresolved after the city intervenes, Mr. Boesch has the ability to terminate the contract.
A decision to terminate the contract could be appealed to the City Council, Mr. McClure said.
He added that after a July 21 meeting in which city staff outlined to Mr. Sheeper and Mr. Hinshaw what SOLO Aquatics is owed, he has “no reason to believe” a complaint will be filed.
Failure to negotiate
But since that July 21 meeting, Mr. Hinshaw said, negotiations with Mr. Sheeper are still unsuccessful.He said that Mr. Sheeper has told him multiple times that once SOLO Aquatics’ free lane hours run out, the nonprofit will not be offered space at the aquatics center.
“The city has been great — they’ve been exceptional at relaying to [Mr. Sheeper] what SOLO is owed,” Mr. Hinshaw said. “But [Mr. Sheeper] is giving me nothing, and despite the city’s work, that hasn’t changed.”
He said that because of the delayed negotiations, SOLO has lost revenue, and may have to cut some of its fall programming scheduled to be held at the Burgess center.
Previous support
Mr. Hinshaw stated his support for Mr. Sheeper and the privatization of the aquatics center at the council’s February 28 meeting.He did so, he said, because Mr. Sheeper contacted him in January, asking if he would support efforts to privatize the pool if SOLO Aquatics still received the lane hours it was owed and was guaranteed access to the facility.
“I supported this deal thinking I was doing the best thing for my swimmers,” Mr. Hinshaw said. “I was betrayed.”
