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  • Acts
  • 1998
  • Chapter 195 AN ACT TO FACILITATE THE IMPLEMENTATION OF THE FISCAL YEAR 1999 GENERAL APPROPRIATIONS ACT.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is immediately to facilitate the implementation of the fiscal year 1999 general appropriations act, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations act or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. Sections 2 and 3 of chapter 901 of the acts of 1965 are hereby repealed.

SECTION 2. Section 32 of chapter 637 of the acts of 1983 is hereby amended by striking out the last paragraph, as most recently amended by section 36 of chapter 273 of the acts of 1994, and inserting in place thereof the following paragraph:-

Upon the approval of such application, the commissioner shall notify the town as to the total amount of state aid for such project and the provisions for repayment. No grant shall be approved after June 30, 2001. An application received by the commissioner prior to June 30, 1997 shall be deemed eligible for consideration and shall not require resubmission by the town.

SECTION 3. Item 7506-7962 of section 2 of chapter 267 of the acts of 1995 is hereby amended by adding the following words:- ; and provided further, that notwithstanding any other general or special law to the contrary, the commissioner of capital asset management and maintenance may employ the designer employed to prepare the study for said gymnasium/athletic and fitness facility to prepare the plans and specifications for said facility.

SECTION 4. Item 2150-9963 of section 2 of chapter 15 of the acts of 1996 is hereby amended by inserting after the words "Cedar Swamp Pond" the following words:- , also known as Milford Pond,.

SECTION 5. Item 2000-6967 of section 2 of chapter 28 of the acts of 1996 is hereby amended by adding the following words:- "; provided further, that not more than $170,000 shall be expended for repairs to a certain fish pier in the town of Swampscott; provided further, that said funds shall be expended only if 25 per cent thereof is provided by the town of Swampscott; provided further, that not less than $100,000 shall be expended for the renovation of Salisbury town pier and the parking lot in the town of Salisbury; and provided further, that expenditures of said funds shall be contingent on the expenditure of not less than $25,000 by said town on said renovations.

SECTION 6. (a) Notwithstanding the provisions of chapter 48 of the acts of 1997 or any other general or special law to the contrary, the purposes of this section are to convey certain parcels of land situated in the Feeding Hills section of the city known as the town of Agawam presently owned by Hampden county to said city for the creation of a new regional industrial park which shall provide needed green space industrial inventory, to improve economic development and to create new jobs in the lower Pioneer Valley, and to convey certain parcels of land situated in the city known as the town of Agawam presently owned by the county of Hampden to said city for any valid agricultural, horticultural, or recreational purpose.

(b) Notwithstanding the provisions of any general or special law to the contrary or any ordinance of said city of Agawam, and upon acceptance by said city the following parcels of land situated in said city presently owned by Hampden county are hereby conveyed to the city known as the town of Agawam. Said parcels are described in subsections (c) and (d) of this section.

(c) Notwithstanding the provisions of any general or special law or Agawam city ordinance to the contrary, the following parcels of land situated in the Feeding Hills section of said city shall be utilized by said city for the creation of a new regional industrial park, pursuant to the abolition of Hampden county. Notwithstanding the provisions of chapter 30B of the General Laws or any general or special law to the contrary, three years after the effective date of the transfer of land to said city, said city shall begin payment to the commonwealth on the full and fair market value of the land, as established at the time of the transfer, in an amount equal to 5 per cent of such value per annum, the final payment of which shall be made on or before 20 years thereafter. Payment shall be a sum equal to the full and fair market value of said parcels pursuant to a mutually agreed upon appraisal by a licensed appraiser chosen jointly by the city known as the town of Agawam and the commissioner of the division of capital asset management and maintenance. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and shall file said report with said commissioner for submission to the chairmen of the house and senate committees on ways and means and the joint committee on state administration in accordance with subsection (f) of this section. Said parcels are described in the following deeds recorded in the Hampden county registry of deeds:

(1) The parcel of land situated in the Feeding Hills section of the city known as the town of Agawam more particularly described as Parcel 1. (Pasture lot) in the deed from Albert H. Brown to the Inhabitants of the county of Hampden, and their successors and assigns dated August 5, 1915 and recorded in the Hampden county registry of deeds at book 915, page 453;

(2) The parcel of land situated in the Feeding Hills section of the city known as the town of Agawam more particularly described in the deed from John H. Glenn, unmarried, Alice Ryan, and Mary G. Halladay to the county of Hampden, a body corporate under the laws of the commonwealth of Massachusetts dated March 26, 1925 and recorded in the Hampden county registry of deeds at book 1266, page 285;

(3) The parcel of land situated in the Feedings Hills section of the city known as the town of Agawam more particularly described in the deed from Clifford M. Granger and Grace Granger to the Inhabitants of Hampden county, of said commonwealth of Massachusetts dated September 19, 1945 and recorded in the Hampden county registry of deeds at book 1807, page 455;

(4) The parcel of land situated in the Feeding Hills section of the city known as the town of Agawam more particularly described in the deed from Mary Satkowski to the Inhabitants of Hampden county, of said commonwealth of Massachusetts dated October 3, 1945 and recorded in the Hampden county registry of deeds at book 1807, page 456; and

(5) The parcel of land situated in the Feeding Hills section of the city known as the town of Agawam more particularly described in the deed from Charles W. Hull to the Inhabitants of the county of Hampden dated April 15, 1931 and recorded in the Hampden county registry of deeds at book 1484, page 170.

(d) Notwithstanding the provisions of any general or special law or Agawam city ordinance to the contrary, the following parcels of land situated in said city shall be utilized by said city for any valid agricultural, horticultural, or recreational purpose, pursuant to the abolition of Hampden county. Notwithstanding the provisions of chapter 30B of the General Laws or any general or special law to the contrary, the city known as the town of Agawam shall, within five years, pay to the commonwealth a sum equal to the full and fair market value of said parcels. Payment shall be a sum equal to the full and fair market value of said parcels pursuant to a mutually agreed upon appraisal by a licensed appraiser chosen jointly by the city known as the town of Agawam and the division of capital asset management and maintenance. Such appraisal shall be based on value of the land for agricultural, horticultural or recreation purposes. Said parcels are described in the following deeds recorded in the Hampden county registry of deeds:

(1) The parcel of land situated in the city known as the town of Agawam more particularly described in the deed from Myra M. Lerche to the Inhabitants of the county of Hampden dated August 30, 1949 and recorded in the Hampden county registry of deeds at book 2008, page 385;

(2) The parcel of land situated in the city known as the town of Agawam more particularly described in the deed from Myra M. Lerche to the Inhabitants of the county of Hampden, in said commonwealth of Massachusetts dated July 7, 1943 and recorded in the Hampden county registry of deeds at book 1763, page 313;

(3) The parcel of land situated in the city known as the town of Agawam more particularly described in the deed from Walter E. Allen, Robert C. Allen, Marion E. Allen Pond and Edith L. Allen Taylor to county of Hampden, Massachusetts dated April 25, 1938 and recorded in the Hampden county registry of deeds at book 1657, page 566 and the deed (Doc. 6820) from Horace J. Rice, Executor of the Will of Harriet A. Clark, otherwise Harriet Allen Clark to county of Hampden, Massachusetts dated April 12, 1938 and recorded in the Hampden county registry of deeds at book 1657, page 567;

(4) The parcel of land situated in the city known as the town of Agawam more particularly described in the deed (Doc. 6821) from Horace J. Rice, Executor of the Will of Harriet A. Clark, otherwise Harriet Allen Clark to county of Hampden, Massachusetts dated April 12, 1938 and recorded in the Hampden county registry of deeds at book 1657, page 567; and

(5) The parcel of land situated in the city known as the town of Agawam more particularly described in the deed from Walter E. Allen to the county of Hampden, Massachusetts dated April 4, 1938 and recorded in the Hampden county registry of deeds at book 1657, page 568.

(e) In the event said parcels of land described in subsections (c) and (d) of this section cease to be used at any time for the purposes contained herein, said parcels shall revert to the commonwealth under the care and control of the division of capital asset management and maintenance and any further disposition of said parcels shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

(f) The commissioner of the division of capital asset management and maintenance shall, 30 days prior to the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendment thereto, and the reports together with the comments, if any, of the inspector general, to the chairmen of the house and senate committees on ways and means and the joint committee on state administration at least 15 days prior to the execution of said agreement.

SECTION 7. (a) Notwithstanding the provisions of any general or special law to the contrary, or any ordinance in the city of Springfield, and upon acceptance by said city the following parcel of land situated in the south end section of Springfield shall be transferred to the city of Springfield for the continued development of the Connecticut river revitalization project pursuant to the abolition of Hampden county under chapter 48 of the acts of 1997. Notwithstanding the provisions of chapter 30B of the General Laws or any general or special law to the contrary, the city of Springfield shall enter into negotiation and sign a lease with the two current tenants, the department of youth services and the Hampden county sheriffs department, subject to approval by the secretary of administration and finance and the commissioner of the division of capital asset management and maintenance. The city of Springfield shall also be responsible for any and all costs involved in maintaining said property. An appraisal shall be performed by a mutually agreed upon licensed appraiser chosen jointly by the city of Springfield and the commissioner of the division of capital asset management and maintenance. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and shall file said report with said commissioner for submission to the chairmen of the house and senate committees on ways and means and the joint committee on state administration in accordance with subsection (c) of this section. If said land is found to have a positive value, the city of Springfield shall begin payment to the commonwealth within three years of the effective date of the transfer, on the full and fair market value of the land as established at the time of transfer, in an amount equal to 5 per cent of said value annually, and final payment shall be made on or before 20 years thereafter, provided that the cost of maintaining the property and potential demolition costs do not exceed the fair market value. The land parcel is described in the following deed recorded in the Hampden county registry of deeds: the parcel of land situated in the South End section of the city of Springfield more particularly described in the deed from Charles H. Barrons to the inhabitants of the county of Hampden of said commonwealth of Massachusetts, dated August 22, 1886 and recorded in the Hampden county registry of deeds at book 401, page 493.

(b) In the event said parcel of land ceases to be used at any time for the purposes contained herein, said parcel shall revert to the commonwealth under the care and control of the division of capital asset management and maintenance and further disposition of said parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

(c) The commissioner of the division of capital asset management and maintenance shall, 30 days prior to the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendment thereto, and the reports together with the comments, if any, of the inspector general, to the chairmen of the house and senate committees on ways and means and the joint committee on state administration at least 15 days prior to the execution of said agreement.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health and the board of trustees of the University of Massachusetts, in implementing the transaction and 99 year contract for use and occupancy contemplated by the provisions of chapter 163 of the acts of 1997, shall record in the Worcester district registry of deeds on behalf of the commonwealth, a release of the restrictions and the rights of reverter established pursuant to the provisions of sections 2 and 3 of chapter 901 of the acts of 1965, as incorporated in the deed dated December 21, 1966 and recorded with said registry of deeds on page 454 of book 4729.

SECTION 9. Notwithstanding the provisions of any general or special law to the contrary, North Shore Community College, with the approval of the board of higher education, may borrow an amount not to exceed $12,000,000 through the Massachusetts Health and Educational Facilities Authority, or any other authorized funding source.

SECTION 10. The restrictions and rights of reverter contained in sections 2 and 3 of chapter 901 of the acts of 1965 are hereby waived.

SECTION 11. (a) Notwithstanding the provisions of any general or special law to the contrary, or any ordinance in the town of Dedham, and upon acceptance by said town, the commissioner of the division of capital asset management and maintenance is hereby authorized and directed to convey to the town of Dedham by deed approved as to form by the attorney general, two parcels of land currently owned by the Massachusetts Bay Transportation Authority and located in Dedham and situated adjacent to the former Route 1 and currently known as the "soccer field", subject to the terms and conditions as the commissioner may prescribe in consultation with the Massachusetts Bay Transportation Authority and the town, and subject to acceptance by the town of Dedham of the following provisions:

(1) The sale price paid by the town of Dedham for said parcels of land shall be the full and fair market value of the property as determined by independent appraisal, less any improvements, renovations or repairs that have been performed on the land by said town and that have increased the overall value of said parcels.

(2) If the town of Dedham is required to remediate contamination on said parcels pursuant to chapter 21E of the General Laws, said costs of said chapter 21E remediation shall be deducted from the full and fair market value cost that the town of Dedham pays in consideration for receiving said parcels.

(3) The town of Dedham shall, subject to any adjustments in subparagraphs (1) and (2), be responsible for any costs of appraisals, surveys, and other expenses relating to the transfer of said parcels, or for any costs, liabilities and expenses of any nature and kind for the development, maintenance or operation of said parcels.

(b) If the total consideration has been paid in full by the town of Dedham for said parcels when said town incurs said chapter 21E remediation costs, said costs shall be reimbursed to the town by the commonwealth, provided that the commonwealth will not be held responsible for reimbursing said town for any costs in excess of what was paid by said town in consideration for said parcels.

(c) The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology used for said 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 chairmen of the joint committee on state administration.

(d) The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereto, the report together with the comments, if any, of the inspector general to the chairmen of the house and senate committees on ways and means and the chairmen on the joint committee on state administration at least 15 days prior to execution.

SECTION 12. Notwithstanding the provisions of any general or special law to the contrary, as used in this section the following words and terms shall have the following meaning, unless the context shall clearly indicate a different meaning or intent:

"Commissioner", the commissioner of the division of capital asset management and maintenance;

"Committee", the Lakeville Hospital Reuse Committee which shall consist of 12 members to be appointed by the commissioner, which shall include among its members individuals who represent the town of Lakeville and the town of Middleborough; provided however, that the senators and representatives who represent said towns shall serve as ex-officio members thereto;

"Developer", a person, entity or governmental body that acquires an ownership or leasehold interest in the site, as defined herein, or any portion thereof pursuant to the provisions of this section;

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

"Plan", a reuse plan which shall be prepared by the committee and which shall be approved by the commissioner and by the boards of selectmen of the towns of Lakeville and Middleborough and filed in accordance with the provisions of paragraph 2 which plan may be enhanced, refined or amended from time to time as provided herein;

"Site", the 72 acres, more or less, of land owned by the commonwealth located in the town of Lakeville which comprised the former Lakeville Hospital to be shown on a survey conducted on behalf of the division.

The commissioner shall undertake such planning, studies and preparation of plans and specifications as he deems necessary to carry out the provisions of this section consistent with the plan, provided that the committee shall file said plan within 180 days after the effective date of this act with the commissioner and the boards of selectmen of the town of Lakeville and the town of Middleborough; and provided further, that said plan shall be approved by a majority of the members of the boards of selectmen of said towns. The commissioner shall consult with the committee and the boards of selectmen on any amendment to said plan, provided however, that a majority of the members of the boards of selectmen of said towns shall approve any amendments thereto.

The commissioner may, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and in accordance with the provisions of this section and said plan, solicit, evaluate and select proposals submitted by developers and to enter into land disposition agreements to sell, lease, grant, convey or transfer to a developer any interest in the site or any portion thereof, together with any improvements or appurtenances thereon, under such terms and conditions as the commissioner deems appropriate. The amount of consideration for said sale, lease or other disposition shall be full and fair market value, provided, however, that said consideration shall take into account the social and economic benefits of said proposals to the surrounding communities.

The commissioner may, notwithstanding the provisions of said sections 40E to 40J, inclusive, of said chapter 7 or any other general or special law to the contrary, retain, accept, acquire by purchase, transfer, lease, eminent domain pursuant to the provisions of chapter 79 of the General Laws, or otherwise, and grant by deed, transfer, lease or otherwise, any right-of-way or easement in, over, and beneath the site or any portion thereof of any property of the commonwealth contiguous to said site for drainage, access, egress, utilities or any other purpose as the commissioner deems necessary to carry out the provisions of this section.

SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management shall expend $5,000,000 for improvements to Forest Park in the city of Springfield, pursuant to section 32 of chapter 15 of the acts of 1996.

Approved July 30, 1998.