Amendment #12 to H3700

Glavin Reuse Committee

Mr. Beaton moves to amend the bill by adding the following new section:

"SECTION 1. As used in this amendment, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

"Commissioner", the commissioner of capital asset management and maintenance.

“Department”, the department of developmental services.

"Developer", a person, entity or governmental body that acquires an ownership or leasehold interest in the site or any portion thereof pursuant to this section.

"Division", the division of capital asset management and maintenance.

"GDC committee", the Glavin Developmental Center Reuse Committee, which shall include 3 representatives of the town of Shrewsbury, 1 of whom shall be a member of the Shrewsbury board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Shrewsbury planning board or his designee, and 1 of whom shall be chosen by the Shrewsbury board of selectmen; 1 representative of the division of capital asset management and maintenance; and 1 representative of the department of developmental services. Such members, other than the representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.

“GDC site”, the area of state-owned land located in the town of Shrewsbury known as the Glavin Developmental Center, together with the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto.

"Plan", a reuse plan prepared by the division in consultation with the GDC committee  which shall be approved by the commissioner and filed in accordance with section 2; provided, however, that the plan may be enhanced, refined or amended from time to time as provided in this section and shall include uses for department programs, uses that promote environmental preservation, open space and any other use found to be appropriate by the commissioner, town and committee.

"Selection committee", the proposal selection committee established to review proposals and make recommendations to the commissioner, which shall include 1 representative of the respective town chosen by the board of selectmen to be appointed annually; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; and 1 representative from the GDC committee.

SECTION 2. The commissioner shall undertake planning, studies and preparation of plans and specifications necessary to carry out the provisions of this section consistent with the plan. The GDC committee shall submit their recommendations for the reuse plans with the commissioner within 180 days after the effective date of this act.  The GDC committee shall hold no less than 2 public comment sessions.  The commissioner shall consult with the GDC committee on any amendment to the plan and shall develop, issue and advertise requests for proposals consistent with the plan within 90 days of receipt of the plan. Upon receipt of proposals the commissioner shall convene the selection committee for the purpose of reviewing and making recommendations regarding selection to the commissioner. Shrewsbury’s governing authority shall be encouraged to submit proposals for uses consistent with the plan for some or all of the property. Should proposals from the municipalities be among those recommended to the commissioner, the commissioner shall reasonably accommodate the schedule required for town meeting votes, should said vote be required to complete or approve a proposal, prior to making any final decisions on the proposals. Any re-use must be consistent with chapter 212 of the acts 2012 of which limits some uses on the GDC site.

SECTION 3. The commissioner may, subject to sections 32 to 37, inclusive, of chapter 7C of the General Laws, and in accordance with this act and the plan and subject to such terms and conditions as the commissioner may, from time to time, prescribe, solicit, evaluate and select development proposals, enter into land disposition agreements, enter into agricultural leases for up to 5 years, sell, lease for terms of up to 99 years including extensions or otherwise grant, convey or transfer to a developer, any interest in the site or portions thereof and any facilities, associated improvements or appurtenances thereon, on such terms and conditions as the commissioner deems appropriate provided the end use meets the guidelines developed by the GDC committee as set forth in the reuse plan. The amount of consideration for the sale, lease or other disposition of any interest in the sites or portion thereof shall be the full and fair market value for the highest and best use and/or value of the property determined by independent appraisal. Additionally, the respective towns may collect property taxes or payments in lieu of taxes if land is leased or sold for taxable uses. The inspector general shall review and comment on the appraisal and the review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.  The developer shall be responsible for any costs of appraisals, appraisal reviews, surveys and other expenses relating to the transfer of the parcel or for any costs, liabilities and expenses of any nature and kind for the development, maintenance or operation of the parcel. The commissioner shall ensure that any deed, lease or other disposition agreement conveying surplus real property provides for effective remedies on behalf of the commonwealth as deemed appropriate by the commissioner, which remedies may include, without limitation, that the title or lesser interest conveyed may revert to the commonwealth upon the recording of a notice in the appropriate registry of deeds, in the event of a failure to comply with any use restrictions established by the commissioner. The commissioner shall, 30 days before the execution of any agreement or amendment thereto authorized by this act, submit the agreement or amendment and a report thereon to the inspector general for review and comment.  The inspector general shall issue his review and comment within 15 days after receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days before execution.

SECTION 4.   The town of Shrewsbury shall have the right of first refusal before any decision is made as to the reuse or sale of either the land or facilities.  This right of first refusal must be exercised, if at all, by giving written notice of the town’s intention to acquire the property to the division within 180 days after the effective date of this act. If the town does give such written notice, the town shall have until the date which is 180 days after the later of (i) the town’s written notice to the commissioner or (ii) written notice from the commissioner to the town that some or all of the land and facilities in such town is available for disposition, to close on the purchase or lease of the property on such terms, conditions and restrictions as offered by the commissioner; provided, however, that the commissioner may grant the town additional time to close on the purchase or lease of the property. If the town has held a vote for debt exclusion under section 21C of chapter 59 to finance the surplus real property purchase, the date by which the town shall exercise its option to purchase shall be extended until 7 days after the vote, but the vote shall take place at the next municipal election after the town voted to put the debt exclusion on the ballot. If the town fails to close on the purchase of the property within the allowed time, the sole remedy of the commonwealth against the town for such failure is to proceed with the disposition of the property without further right of purchase by the town.

SECTION 5. Notwithstanding any general or special law to the contrary, the commissioner may, subject to appropriation, and subject to sections 32 to 37, inclusive, of chapter 7C of the General Laws retain, accept or acquire by purchase, transfer, lease, eminent domain, pursuant to chapter 79 of the General Laws, or otherwise, grant by deed, transfer, lease, eminent domain, pursuant to said chapter 79, or otherwise, or grant by deed, transfer, lease or otherwise, any rights-of-way or easements, in, over and beneath the site or portions thereof or other property in the commonwealth contiguous to the site for drainage, access, egress, utilities and other purposes, as the commissioner deems necessary and appropriate to carry out the purposes of this section. The commissioner shall seek advice from the appropriate reuse committee prior to the implementation of any action.

SECTION 6. The department of developmental services, with the approval of the commissioner, may enter into contracts for the provision of building management services for buildings and facilities located on the site as deemed by the commissioner and the reuse committee.

SECTION 7. Notwithstanding any general or special law to the contrary, the commissioner may employ designers who prepare studies or programs or other design services for the construction, renovation, reconstruction, alteration, improvement, demolition, expansion or repair of buildings on the GDC site to prepare plans and specifications and provide any other design services deemed necessary by the commissioner for such projects.

SECTION 8. This amendment shall take effect upon passage of the bill."