• Acts
  • 2001

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. As used in this act, the following words shall have the following meanings:-

"County", Plymouth county, acting through its elected commissioners or other authorized representatives or any governmental unit or body succeeding to the rights, properties, powers, duties and responsibilities of the county.

"Registry of deeds", the Plymouth county registry of deeds, or any successor to the rights, powers, duties, and responsibilities thereof, acting through and by the register of deeds or his designee.

"Project", the new land records management facility to be constructed on a site located in the town of Plymouth on a portion of the land owned by the county, as shown on land court plan 2161B entitled "Subdivision Plan of Land in Plymouth, Massachusetts" dated March 14, 1995, filed with Certificate of Title No. 225 in Plymouth land court division, being a subdivision of the land appearing on land court plan 2161A, also with Certificate of Title No. 225.

SECTION 2. The county may plan, design, construct, equip and furnish a new land records management facility, in this act referred to as the project, to provide suitable and adequate facilities for the registry of deeds. The design, construction and equipping, construction management, development, financing, leasing or any part of the project and any contract relating directly or indirectly to the design, construction and equipping, construction management, development, financing or leasing shall be exempt from section 26A of chapter 35 of the General Laws. The project, however, shall be subject to the applicable provisions of sections 44A through 44J, inclusive, of chapter 149 of the General Laws.

SECTION 3. The county may contract with 1 or more designers for the project following a designer selection procedure adopted in writing, before publication requesting applications, under sections 38A> to 38O, inclusive, of chapter 7, section 38H of said chapter 7, or as an alternative, undertake a value engineering review. value engineering review shall include a detailed, systematic analysis of a project design, conducted by a knowledgeable and competent designer or multi-disciplinary team of designers to: (a) evaluate program requirements, design concepts, construction techniques, building systems and materials; (b) review construction cost estimates and calculate estimated life-cycle costs; and (c) recommend design changes that will produce a more cost-effective project by eliminating or modifying features that add cost to the facility but do not add to its quality, useful life, utility or appearance. The county shall require a value engineering review of the conceptual design following completion of the study and program for the project but prior to the acceptance of the study or program by the county.

SECTION 4. For the purposes authorized by section 2, notwithstanding the provisions of subsection (d) of section 28 of chapter 35 of the General Laws, the treasurer of the county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding in the aggregate $5,500,000, and may issue bonds or notes of the county for this borrowing which shall bear on their face the words Plymouth County Land Records Management Facility, Act of 2001. The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. The county may annually dedicate revenue received by the registry of deeds in the course of its operations for the purposes of meeting debt obligations payable upon issuance of such bonds or notes. The revenue will be derived from leased office space to title examiners, from the postage and handling fees and from dedicated deeds excise receipts from the registry of deeds. Indebtedness incurred under this section shall, except as provided in this act, be subject to chapter 35 of the General Laws.

SECTION 5. No contracts may be entered into for the design, construction, development, financing, management or operation of the project, or any part of the project, without the approval of a majority of the county commissioners. The county shall contract with an owner's representative, an official or firm designated by the county with appropriate fiscal construction and procurement experience to serve as the focal point of responsibility and accountability on the project from the study and design phases through the completion of construction of the project. Such responsibilities shall include, but shall not be limited to, coordinating communication among the project participants, monitoring the project budget and schedule, and maintaining a central file for project records. On or before January 1, 2003, the owner's representative shall have obtained certification through the Massachusetts certified public purchasing official program administered by the office of the inspector general. The owner's representative shall be deemed to be a county employee under chapter 268A with respect to the project.

SECTION 6. The county and the registry of deeds shall jointly prepare and file a report of the operations and procedures undertaken by the registry of deeds and the county under this act with the clerks of the house and senate, who shall forward the same to the house and senate chairmen of the committees on counties within 60 days after completion of construction.

SECTION 7. This act shall take effect upon its passage.

Approved August 8, 2001.