John Nunnari follows the legislature closely, and provides the town insights into what is happening there. This email came from John this afternoon to update the Medfield State Hospital legislation status, and John now says “A floor vote this week is certainly more of a possibility now.”
The current full bill that John forwarded is attached at the end below.
Mike,
It looks like H W/M’s amended the bill by striking Section 1 of the previous version of the bill which established the Commonwealth’s Health and Human Services Capital Projects Trust Fund (see attached).
The bill is still lacking an emergency preamble (added onto bills that need to take effect on the day it’s signed into law), but I believe Section 8 makes clear the contents of the bill go into effect upon a successful (majority) vote of the Selectman.
Provision which was struck by H W/M’s:
“SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 2KKKK the following section:- Section 2LLLL. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Health and Human Services Capital Projects Trust Fund, hereinafter in this section referred to as the fund, administered by the commissioner of the division of capital asset management and maintenance at the direction of the secretary of health and human services. The fund shall be credited: (i) the portion of any net cash proceeds from the conveyance, lease or other disposition of any facilities vacated by any agency within the executive office of health and human services and determined to be surplus by the commissioner of the division of capital asset management and maintenance; (ii) any appropriations; (iii) bond proceeds; or (iv) other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the fund at the direction of the commissioner of the division of capital asset management and maintenance, in consultation with the secretary of the executive office of health and human services, without further appropriation, for the purpose of paying costs of, or paying down any portion of any debt incurred to pay costs related to the acquisition, construction or improvements to health and human services facilities. The comptroller shall establish procedures necessary to effectuate this section, including procedures for the proper transfer, accounting and expenditures of funds. The comptroller may make payments in anticipation of receipts and shall establish procedures for reconciling overpayments and underpayments from the trust fund. The commissioner shall report semi-annually to the house and senate committees on ways and means on the revenue and expenditure activity within the fund. The fund shall be an expendable trust fund and shall not be subject to appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.”
john
From: “John Nunnari”
Sent: Monday, June 23, 2014 1:35 PM
To: “Michael Sullivan”
Subject: Re: HB4216
Also, forgot to mention, the bill had a new number because H W/M’s amended the bill.
I’ll work on getting you a copy of the amendment for later today.
John
On Jun 23, 2014, at 1:31 PM, “John Nunnari” >> wrote:
Looks like the Rep. got the bill moving.
It has a new number, and is in Third Reading.
A floor vote this week is certainly more of a possibility now.
John
HOUSE . . . . . . . . . . . . . . . No. 4216
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand Fourteen
_______________
An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey
certain parcels of land in the town of Medfield.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
2 Laws, chapter 269 of the acts of 2008 or any other general or special law to the contrary, the
3 commissioner of capital asset management and maintenance, hereinafter referred to as the
4 commissioner, may convey 1 or more parcels of land located at the former state hospital in
5 Medfield to the town of Medfield. The parcels are shown as parcel A and parcel B on a plan
6 entitled “Compiled Plan of Land, Medfield State Hospital, Medfield, Massachusetts, prepared for
7 Division of Capital Asset Management”, dated June 14, 2005, prepared by Judith Nitsch
8 Engineering, Inc., on file with the division of capital asset management and maintenance. The
9 exact location and boundaries of the parcels to be conveyed shall be determined by the
10 commissioner, in consultation with the town of Medfield. The use of the parcels to be conveyed
11 to the town shall not be restricted to use for municipal or other specific uses; provided, however,
12 that the town may so restrict the parcels at a later date, in accordance with applicable general and
13 special law. The parcels shall be conveyed by deed without warranties or representations by the
14 commonwealth.
15 SECTION 2. As consideration for the conveyance of the parcels described in section 1,
16 the town of Medfield shall pay the commonwealth an amount equal to certain costs related to the
17 closure of the former state hospital in Medfield including, but not limited to, the costs of
18 removing combustible materials, disconnecting certain utilities, and otherwise closing those
19 buildings located on the parcels conveyed, routine security, and other capital expenditures and
20 operating expenses incurred by the commonwealth in preparation for or following the closure of
21 the former state hospital, as determined by the commissioner and agreed to by the town. The
22 town of Medfield may pay the amount so determined by the commissioner and agreed to by the
23 town upon its purchase of the parcels described in section 1 or the town may pay the amount so
24 determined in 10 annual payments pursuant to section 20A of chapter 58 of the General Laws. If
25 the town’s payment of consideration pursuant to this section so requires, the town may seek voter
26 approval pursuant to subsection (k) of section 21Cof chapter 59 of the General Laws.
27 SECTION 3. Notwithstanding chapter 269 of the acts of 2008, or any other general or
28 special law to the contrary, parcels A-1 and A-2, as shown on the plan referenced in section 1
29 shall be maintained as open space or used for agricultural and passive recreation purposes,
30 subject to those subsurface utility easements on parcel A-1 serving the town’s water system.
31 Notwithstanding the foregoing, but subject to such subsurface utility easements, the
32 commissioner of capital asset management and maintenance may transfer the care and custody of
33 parcels A-1, A-2 or C, or portions thereof, to the department of conservation and recreation for
34 open space and passive recreation purposes. Such transfer shall be without consideration and
35 shall not be subject to chapter 7C of the General Laws.
36 SECTION 4. In the event that the town of Medfield sells or leases any portion of the
37 parcels described in section 1, the net proceeds from such sale or lease as determined by the town
38 and agreed to by the commissioner, shall be allocated between the town of Medfield and the
39 commonwealth in equal shares; provided, however, that the commissioner may agree to reduce
40 the share of the commonwealth’s proceeds to not less than 30 per cent of net proceeds in order to
41 provide certain incentives to the town of Medfield to sell or lease some or all of the parcels
42 described in section 1 expeditiously or to facilitate the development of some or all of the parcels
43 in accordance with smart growth principles promulgated from time to time by the governor and
44 the secretary of energy and environmental affairs. In the event that the net proceeds, as so
45 determined, is a negative amount, the commonwealth shall not be required to make any
46 payments to the town of Medfield.
47 SECTION 5. Notwithstanding any general or special law to the contrary, the town of
48 Medfield shall pay for all costs and expenses of the transactions authorized in this act as
49 determined by the commissioner including, but not limited to, the costs of any recording fees and
50 deed preparation related to the conveyances and for all costs, liabilities and expenses of any
51 nature and kind related to the town’s ownership of the parcels; provided, however, that such
52 costs shall be included for the purposes of determining the net proceeds of the town’s sale or
53 lease of any portion of the parcels described in section 1. Amounts paid by the town of Medfield
54 pursuant to section 2 shall not be included for the purposes of determining the net proceeds from
55 a sale or lease.
56 SECTION 6. (a) In the event that the town of Medfield does not complete its purchase of
57 the property described in section 1 on or before December 31, 2015, notwithstanding sections 33
58 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the
59 contrary, the commissioner may sell, lease for terms up to 99 years, including all renewals and
60 extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the
61 property described in section 1 or portions thereof, subject to this section and on such terms and
62 conditions that the commissioner considers appropriate; provided, however, that the purchase by
63 the town of Medfield shall be considered complete upon the transfer of title to the parcel or
64 parcels described in section 1 to the town. The commissioner shall dispose of the property, or
65 portion thereof, using appropriate competitive bidding processes and procedures. At least 30
66 days before the date on which bids, proposals or other offers to purchase or lease a property, or
67 any portion thereof, are due, the commissioner shall place a notice in the central register
68 published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating
69 the availability of the property, the nature of the competitive bidding process and other
70 information that the commissioner considers relevant, including the time, place and manner for
71 the submission of bids and proposals and the opening of the bids or proposals.
72 (b) Notwithstanding any general or special law to the contrary, the grantee or lessee of all
73 or any portion of the property described in section 1 and subject to this section shall be
74 responsible for costs and expenses including, but not limited to, costs associated with deed
75 preparation and recording fees related to the conveyances and transfers authorized in this section
76 as such costs may be determined by the commissioner.
77 (c) No agreement for the sale, lease, transfer or other disposition of the property
78 described in section 1 and subject to this section, or any portion thereof, and no deed executed by
79 or on behalf of the commonwealth, shall be valid unless the agreement or deed contains the
80 following certification, signed by the commissioner:
81 “I, the undersigned commissioner of capital asset management and maintenance, hereby
82 certify under penalties of perjury that I have fully complied with the relevant provisions of
83 general and special law in connection with the property described in this document.”
84 SECTION 7. In any disposition pursuant to section 1 or section 6, the commissioner
85 may retain, accept or acquire by purchase, transfer, lease, eminent domain, pursuant to chapter
86 79 of the General Laws or otherwise, and may grant by deed, transfer, lease or otherwise any
87 rights-of-way or easements, in, over or beneath any parcel or portions thereof, or any other
88 portions of the former Medfield state hospital, as the commissioner deems necessary and
89 appropriate for the continued access to, egress from and use of portions of the former Medfield
90 state hospital including, without limitation, parcels A-1 and A-2, by the general public or other
91 state agencies or to carry out this act; provided however that in any disposition pursuant to
92 section 1, such retention, acceptance, acquisition, or grant of any rights-of-way or easements in,
93 over or beneath parcels A or B shall be subject to the approval of the town of Medfield.
94 SECTION 8. Sections 1 to 7, inclusive, shall take effect upon their acceptance by a
95 majority vote of the board of selectmen of the town of Medfield, but not otherwise.
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