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FLOOR NUMBER: 101 CLERK NUMBER: 126
HIGHWAY SAVINGS AND IMPROVEMENT INITIATIVES
Mr. Pacheco of Taunton moves to amend the bill by striking out Section 264 and inserting in place thereof a new Section 264:-
"SECTION 264. The executive office of transportation, the Massachusetts Turnpike Authority and the department of highways shall identify instances in which the authority or the department can achieve costs savings and improved performance and service by eliminating or consolidating duplicative functions, sharing or coordinating resources, equipment, facilities, expertise, personnel and procurement. The Massachusetts highway department shall enter into an agreement or agreements with the authority in order to achieve efficiencies, realize cost savings, eliminate duplication, and provide enhanced value to the commonwealth. The executive office of transportation shall submit a report to the joint committee on transportation and the house and senate committees on ways and means on or before March 1, 2005, detailing any and all cost savings to the commonwealth resulting from any agreements concluded pursuant to this section or estimated to result from any proposed agreement to share employees, equipment and operational activities and functions in order to achieve efficiencies, improved performance or services and cost savings, including recommendations to establish a permanent and potentially expanded process for the transfer or consolidation of certain responsibilities for interstate highway systems in the commonwealth from the highway department to the authority beginning December 31, 2005."
Floor Number: 102 Clerk Number: 757
COMMISSION CLARIFICATION
Mr. Baddour moves to amend the bill in Section 325 by inserting
after the words "In the course of its deliberations, the commission shall
examine the transportation" the following word:-
"finance"
Floor Number: 103 Clerk Number: 474
TRANSPORTATION REFORM XXIX
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and Mrs. Sprague move to amend the bill by striking out section 361 in its entirety and inserting in place thereof the following:-
"Section 361. Section 127 shall take effect on December 31, 2005."
Floor Number: 104 Clerk Number: 15
WINTER STREET SIGNALIZATION PROJECT
Mrs. Sprague moves to amend the bill, by inserting after Section 352, the following new Section:-
"Section 352A. Notwithstanding any general or special law or regulation to the contrary, the Massachusetts Highway Department shall include the proposed intersection improvements of the Route 1A/Main Street-Winter Street-Jean Road intersection in Walpole on the Transportation Improvement Program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005."
Floor Number: 105 Clerk Number: 238
REGIONAL TRANSPORTATION
Mr. Rosenberg moves to amend the bill by inserting, after
Section ___, the following new section:
"SECTION ___. The Executive Office of Transportation, in consultation with
the regional transit authorities, is hereby authorized and directed to prepare
a report delineating the amount of funding required to move all regional transportation
authorities from the current reimbursement form of funding to forward funding
beginning with the fiscal year 2006 budget. As part of the report, the secretary
shall make recommendations that will result in restoring services to the level
in place prior to fiscal year 2002 and shall identify and make recommendations
for the expansion of services to meet the unmet needs for fixed route, elderly,
and para transit services in the various regional transit authority districts,
including determining the amount of funding required to meet this objective.
The Secretary shall make revenue proposals for financing the implementation
of those recommendations. Said report shall be submitted no later than July
15, 2004 to the Joint Committee on Transportation, the Senate and House Ways
and Means Committees, the Joint Committee on Taxation, the House and Senate
Committees on Long Term Debt, the State Treasurer, the Secretary of Administration
and Finance and the Secretary of the Office of Commonwealth Development.
The Executive Office of Transportation shall cause each regional transit authority to submit to its offices a proposed budget for the following fiscal year on the same schedule and in such form as all transportation related departments, agencies and programs funded in part or whole by the Commonwealth. The Secretary shall make recommendations and follow all procedures for these authorities as for all other transportation related departments, agencies and programs funded in part or whole by the Commonwealth.
The Secretary shall convene a strategic planning workgroup consisting of representatives from each regional transit authority and other appropriate individuals as he deems appropriate for the purpose of preparing a 10 year strategic plan for meeting the need for expanded public transportation in the service areas of each authority with an emphasis on meeting the needs of those using the systems to travel to work and the transportation needs of the elderly and disabled. The workgroup shall also make recommendations for policies, procedures, programs and activities that will increase the efficiency of the authorities individually and collectively, including, but not limited to, shared purchasing of goods and services. The workgroup shall submit said plan and make recommendations no later than January 1, 2005 to the Joint Committee on Transportation, the Senate and House Committees on Ways and Means, the Senate and House Committees on Long Term Debt, the Secretary of Administration and Finance, and the Secretary of the Office of Commonwealth Development."
Floor Number: 106 Clerk Number: 250
ACCOUNTING OF MTA ASSETS
Ms. Melconian, Ms. Resor, Ms. Wilkerson, and Mr. Tarr move
to amend the bill by inserting, after Section 13, the following new Section:-
"Section 13A. The Massachusetts Turnpike Authority shall
conduct a study to compile a list of all its assets and their present market value.
The study shall further make recommendations for the disposition of these assets,
to include but not be limited to paying down its bond obligations, create economic
development, and enhance open space from the potential sale of Authority assets.
The Authority shall file its report and recommendation to the Joint Committee
on Transportation and the House and Senate Committees on Ways and Means by October
1, 2005.
Floor Number: 107 Clerk Number: 644
ALTERNATIVE PROCUREMENT
Mr. Lees moves to amend the bill by inserting, after Section
______, the following new Section:-
"SECTION ___. Notwithstanding any general or special law
to the contrary, sections 52 through 56, inclusive, of chapter 7 of the general
laws shall not apply to the executive office of transportation and construction
or the University of Massachusetts during fiscal year 2005; provided, however,
that any agreement or combination or series of agreements entered into by the
executive office of transportation and construction or the university of Massachusetts
during said fiscal year by which a non-governmental person or entity agrees to
provide services to said executive office, said university or any agency or department
under their auspices, valued at $100,000 or more, which are substantially similar
to and in lieu of services theretofore provided, in whole or in part, by regular
employees of said executive office, said university or any agency or department
under their auspices shall not be for a term to exceed 2 calendar years. On or
before July 15, 2005, said executive office and said university shall file a report
with the secretary of administration of finance and the house and senate committees
on ways and means detailing the number and nature of any such agreements entered
into by said executive office or said university during fiscal year 2005. Said
report shall include, but not be limited to, the following: (1) a written statement
of the services provided by said agreement(s) entered into, including the specific
quantity and standard of quality of the subject services; (2) the term of the
agreement(s); (3) the estimated cost of the services to be provided over the term
of the agreements; and (4) the current cost to the commonwealth for the provision
of said services as said services are provided by regular employees of said executive
office, said university or any agency or department under the auspices of said
executive office or university.
On or before August 15, 2006, said executive
office and said university shall file a report with the secretary of administration
of finance and the house and senate committees on ways and means which shall include,
but not be limited to, the following: (1) a comprehensive written analysis of
the actual cost to the commonwealth that was incurred from said agreement during
the term of the agreement, specifically including the costs of transition from
public to private operation, of additional unemployment and retirement benefits,
if any, of monitoring and otherwise administering contract performance; and of
the net impact on tax revenues collected on the Commonwealth resulting from the
public to private operation; (2) a comparison of said actual cost to the prior
actual cost of the provision of the same services as previously provided by the
regular agency employees that most recently provided said services; (3) a comprehensive
written analysis of the quality of the services that were provided by the entity
during the term of the agreement(s) and whether said quality, in the opinion of
said executive office or said university, fell short, of equaled, or surpassed
the level of quality which was provided by the regular agency employees that previously
provided said services.
This section shall not apply to any agreement proposed
during fiscal year 2005 by which a non-governmental person or entity seeks to
provide services currently provided by the employees of the Massachusetts Bay
Transportation Authority."
Floor Number: 108 Clerk Number: 705
INSURING THE OPPORTUNITY OF COMMUNITIES TO JOIN OR CREATE
A REGIONAL TRANSIT AUTHORITY
Mr. Magnani of Framingham, Mr. Brown of Wrentham,
Ms. Fargo of Lincoln, Mr. Moore of Uxbridge and Ms. Resor of Acton, move to
amend the bill by inserting, the following new Section:-
SECTION ____. The first paragraph of section 9 of chapter 161A of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by striking
out the sixth sentence and inserting in place thereof the following:-
"A city or town that is also a member of a regional transit authority or
that at anytime joins a regional transit authority shall have a portion of the
amount assessed for the operation of the regional transit authority credited
against its share of the assessment made under this section. The community's
assessment shall be reduced by deducting any amount not required to cover the
annual costs which are incurred by the authority for the proportional level
of services operated in the community by the authority as determined by an independent
auditor chosen by the advisory board to the authority. For purposes of this
section "annual costs" are those costs which are funded by the assessments
made under this section and not including those costs funded by state and federal
revenue sources or revenues from passenger fares. The amount credited shall
not exceed the total amount of the assessment."
Section 3 of chapter 161B of the General Laws, as so appearing, is hereby amended
by striking out the third paragraph and inserting in place thereof the following
paragraph:-
"Any city or town, or group or combination of cities or towns, other than
a city or town included in the Massachusetts Bay Transportation Authority in
which said Authority operates fixed route bus service or included in an authority
established pursuant to section fourteen may, by a majority vote of the city
council or of the town meeting or majority vote of any other legislative body,
respectively, and subject to the approval of the advisory board to a regional
transit authority, join an authority which is not separated from the city or
town or group or combination of cities and towns by more than one other municipality."
Floor Number: 109 Clerk Number: 748
BRAINTREE TRUCK TRAFFIC
Mr. Morrissey and Mr. Joyce move to amend the bill by inserting,
after Section 353, the following new Section(s):-
"SECTION___. Section 1. The legislature shall direct
the Secretary of Transportation and the Massachusetts Highway Department to conduct
a study on the effects of a permanent commercial truck ban on Elm Street, Hayward
Street and Howard Street, all in the town of Braintree.
Section 2. The Secretary
of Transportation and the Massachusetts Highway Department shall submit its report
and recommendations, if any, to the legislature by January 1, 2005.
Floor Number: 110 Clerk Number: 323
INTEGRATED PEST MANAGEMENT
Mr. Antonioni moves to amend the bill in section 2, in item 2511-3002, by striking out the figure "$100,000" and inserting in place thereof the following figure: - "$300,000".
Floor Number: 111 Clerk Number: 100
DCR SALE OF CERTAIN PROPERTY:
Mr. Tisei moves to amend the bill in section 2, item 2800-0100
by adding at the end thereof the following new language:-
";provided further that notwithstanding any
general or special law to the contrary the proceeds of any sale of a building
owned by the department of conservation and recreation and located at 50 Somerset
Street in the city of Boston be distributed in equal allotments to the cities
and towns that constitute the metropolitan parks district, as defined in section
33 of chapter 92 of the Massachusetts General Laws."
Floor Number: 112 Clerk Number: 420
CONSERVATION AND RECREATION
Messrs. Tisei and Tarr and Mrs. Sprague move that the bill be amended in section 2, in item 2800-0100, by striking out the figure "$3,773,905" and inserting in place thereof the figure "$5,023,416".
Floor Number: 113 Clerk Number: 651
DCR ADMIN ACCOUNT
Ms. Resor, Mr. Brewer, Ms. Creem, Mr. Creedon , Mr. Moore, Mr. Barrios, Mr. Morrissey, Ms. Wilkerson, Mr. O'Leary, Mr. Joyce, Ms. Walsh move to amend the bill (Senate No. 2400) in section 2, in line item 2800-0100, by striking out the figures, "$3,773,905" and inserting in place thereof the figures:- "$5,023,416."
Floor Number: 114 Clerk Number: 30
PLYMOUTH/CARVER SOLE SOURCE AQUIFER
Mr. Pacheco moves to amend the bill in section 2, by inserting
at the end of item 2800-0101the following item:
"Provided further, that the water assets management project include Plymouth,
Carver, Wareham, Plympton, Bourne, Middleborough, and Kingston , and provided
further that the Department develop and implement a written plan to protect
and manage the Plymouth-Carver sole source aquifer in consultation with these
seven communities."
Floor Number: 115 Clerk Number: 281
RELATIVE TO AQUATIC WEED CONTROL ON THE UPPER MYSTIC LAKES
Mr. Shannon moves to amend the bill, in section 2, in line item 2800-0101, by inserting the following wording:- "provided further, that $25,000 shall be expended for aquatic weed control treatments in the Upper Mystic Lakes", and by striking out the figure "$1,106,114" and inserting in place thereof the following figure:- "$1,131,114".
Floor Number: 116 Clerk Number: 339
THAMES RIVER FLOOD CONTROL
Mr. Brewer moves to amend the bill, in section 2, in item
2800-0101, by adding at the end thereof the following:-
"provided further, that $48,000 shall be expended
for the flood control activities undertaken by the Thames River Valley communities
of Massachusetts in conjunction with the state of Connecticut"
Floor Number: 117 Clerk Number: 357
BUZZARD'S BAY WATER QUALITY
Mr. Montigny moves that the bill be amended in section 2,
in line item 2800-0101, in line 18 by inserting after the word "charged,"
the following:-
"provided further that no less than $80,000 be used for a Buzzards Bay
water quality restoration projects including, but not limited to: engineering
and permitting costs for restoration in Mattapoisett of the Eel Pond drainage
culvert; storm separators in West Island and Little Bay in the Town of Fairhaven;
and similar water quality projects in Buzzards Bay.
Floor Number: 118 Clerk Number: 362
WACHUSETT RESERVOIR AND DAM
Mrs. Chandler moves to amend the bill, in section 2, in
item 2800-0101, by adding at the end the following wording:-
"; provided further, that
not less than $8,000 shall be expended for the Division of Water Supply Protection
for the purchase of materials relating to the rehabilitation of the Wachusett
Reservoir and Dam area in the town of Clinton".
Floor Number: 119 Clerk Number: 563
PINE TREE BROOK CLEARING
Mr. Joyce moves to amend the bill, in section 2, in item
2800-0101, in line 3, by inserting after "conservation and recreation"
the following:
"; and provided, that not less that
$100,000 shall be expended for Pine Tree Brook in the town of Milton to implement
phase IV of a project for clearing and dredging;"
Floor Number: 120 Clerk Number: 86
FOREST PARK ZOO
Mr. Lees moves to amend the bill, in section 2, in item
2800-0200, by striking out the words "provided, that funds may be expended
for the Buttonwood Park Zoo and the Forest Park Zoo" and inserting in place
thereof the following wording:-
"provided, that
not less than $100,000 shall be expended for the Forest Park Zoo; provided further,
that funds may be expended for the Buttonwood Park Zoo"
Floor Number: 121 Clerk Number: 118
COMMONWEALTH ZOOLOGICAL CORPORATION FUNDING:
Mr. Tisei moves to amend the bill, in section 2, item 2800-0200, by striking the figure "$4,000,000" and inserting the following new figure:- "$6,000,000."
Floor Number: 122 Clerk Number: 347
BUTTONWOOD PARK ZOO
Mr. Montigny moves to amend the bill in section 2, line
item 2800-0200, by striking the following "that funds may be expended for
the Buttonwood Park Zoo and the Forest Park Zoo" and inserting in place
thereof the following:-
"that $100,000
shall be expended for the Buttonwood Park Zoo and the Forest Park Zoo"
Floor Number: 123 Clerk Number: 495
COMMONWEALTH ZOOLOGICAL CORPORATION
Mr. Joyce moves to amend the bill, in section 2, by striking
out item 2800-0200 and inserting in place thereof the following item:-
"2800-0200 For the operation
of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General
Laws; provided, that funds may be expended for the Buttonwood Park Zoo and the
Forest Park Zoo; provided further, that funds appropriated in this item shall
be expended for the purposes of promoting private fundraising, achieving self-sufficiency
and serving as a catalyst for urban economic development and job opportunities
for local residents; provided further, that the corporation shall take all steps
necessary to increase the amount of private funding available for the operation
of the zoos; and provided further, that the corporation shall report to the house
and senate committees on ways and means not later than February 1, 2005 on the
status of, and amounts collected from, the private fundraising and enhanced revenue
efforts identified in the draft Massachusetts Zoos Business and Operations Plan,
dated December, 1996 and provided further, that the corporation shall continue
to provide free services and supplies, including, but not limited to, routine
animal check-ups, diagnosis and care, emergency veterinary needs, medications
and medical supplies, vitamins and diet supplements and Zoo Prem feline diet,
to the trailside museum and the Chickatawbut Hill center in the town of Milton
……………………………………………
$4,000,000"
Floor Number: 124 Clerk Number: 494
TRAILSIDE MUSEUM
Mr. Joyce moves to amend the bill, in section 2, in item 2800-9004, by striking out the figure "219,750" and inserting in place thereof the following figure:- "$375,000."
Floor Number: 125 Clerk Number: 82
PLUM ISLAND BOARDWALK
Mr. Baddour moves that the bill be amended in section 2,
by inserting in line item 2810-0100, after the words "Ernestina Commission"
the following: -
"; and provided further that not less than $50,000, shall be expended for
the construction of a public boardwalk along the waterfront of the Plum Island
section of the City of Newburyport."
Floor Number: 126 Clerk Number: 262
RELATIVE TO THE OPERATION OF DCR POOLS
Mr. Shannon moves to amend the bill, in section 2, in line item 2810-0100, by striking out the figure "$17,699,682" and inserting in place thereof the following figure:- "$18,464,682", and by inserting the following wording:- "provided further, that funding shall be expended from this line item to ensure that all urban pools, including the pools located at Dilboy Stadium and Foss Park in the City of Somerville, shall remain open and fully operational".
Floor Number: 127 Clerk Number: 265
RELATIVE TO DILBOY STADIUM
Mr. Shannon moves to amend the bill, in section 2, in line item 2810-0100, by striking out the figure "$17,699,682" and inserting in place thereof the following figure:- "$25,699,682", and by inserting the following wording:- "provided further, that $8,000,000 shall be expended for the reconstruction of Dilboy Stadium in the City of Somerville"
Floor Number: 128 Clerk Number: 519
DIVISION OF STATE PARKS
Mrs. Sprague moves to amend the bill, in section 2, in item 2810-0100, by striking out the figure "$17,699,682" and inserting in place thereof the figure "$18,164,818".
Floor Number: 129 Clerk Number: 609
GREAT BROOK FARM
Ms. Resor moves to amend the bill (S. 2400) by amending Section 2, line item 2810 - 0100 by adding at the end thereof:- "provided the Division of State Parks be directed to develop a short-term free parking ticket for visitors to Great Brook Farm who are purchasing ice cream."
Floor Number: 130 Clerk Number: 668
DEPARTMENT OF CONSERVATION & RECREATION/
DIVISION OF STATE PARKS & RECREATION
Ms. Resor, Mr. Brewer, Ms. Creem, Mr. Creedon, Mr. Moore, Mr. Nuciforo, Ms. Tucker, Mr. Morissey, Mr. Barrios, Ms. Wilkerson, Mr. Hedlund, Mr. Joyce, Ms. Fargo, Mr. O'Leary, Ms. Walsh, Mr. Nuciforo move to amend the bill (S. 2004) in section 2, in line item 2810-0100, by striking out the figure, "17,699,682" and inserting in place thereof the figure:- "18,264,818".
Floor Number: 131 Clerk Number: 647
WATSON POND STATE PARK
Mr. Pacheco of Taunton moves to amend the bill in Section 2, line item 2810-2000, by inserting after the words " Lawrence Heritage State Park;" the following :-
"provided further that Watson Pond State Park shall remain open and appropriately staffed to allow public swimming for the summer season;"
Floor Number: 132 Clerk Number: 32
Child Safety Equipment for the Town of Milford
Mr. Moore moves to amend the bill, in section 2, in item 2820-0100 by inserting therein the following:- "provided, further, that $30,000 shall be expended for child safety equipment in the town of Milford;"
Floor Number: 133 Clerk Number: 173
DCR URBAN PARKS
Mr. Hart, Mr. Joyce, Mr. Morrissey, and Mr. Tolman move to amend the bill in section 2, in item 2820-0100, by striking out the figures "$18,833,715" and inserting in place thereof the following figure "$19,596,478."
Floor Number: 134 Clerk Number: 413
Southwest Corridor Park
Ms. Wilkerson moves that the bill be amended in section 2, in item 2820-0100 by inserting after the words "seasonal employees;" the following: --
"provided further, that $225,000 for maintenance and infrastructure repair of the southwest corridor park and shall enter into contracts for personnel and other resources as necessary for such maintenance, including the costs of two management one positions, one foreman and a clerk."
Floor Number: 135 Clerk Number: 477
URBAN PARKS
Mr. Tisei and Mrs. Sprague move to amend the bill in item 2820-0100 by striking out the figures $18,833,715" and inserting in place thereof the figures "$19,596,478".
Floor Number: 136 Clerk Number: 582
RED ROCK PARK MAINTENANCE
Mr. McGee moves that the bill be amended in section 2, in
item 2820-0100, in line 4, by inserting after "division" the following:
"provided,
further, not less than $45,000 shall be expended on the maintenance of Red Rock
Park on Lynn Shore Drive, in the city of Lynn."
Floor Number: 137 Clerk Number: 779
LEGION PARK IN WEYMOUTH
Mr. Hedlund moves to amend the bill, in section 2, in item
2820-0100, by adding at the end thereof the following :-
"; and provided further that $150,000 shall be expended for Legion Park
in the town of Weymouth..".
Floor Number: 138 Clerk Number: 780
LINKED TRAIL SYSTEM IN WEYMOUTH
Mr. Hedlund moves to amend the bill, in section 2, in item
2820-0100, by adding at the end thereof the following :-
"; and provided further that $250,000 shall be expended for a linked trail
system for state and local park along the Back River in the town of Weymouth.".
Floor Number: 139 Clerk Number: 232
WALTER C. BRYAN MEMORIAL RINK
Ms. Walsh moves to amend the bill, in section 2, by striking
out item 2820-3001, and inserting in place thereof the following item:
"2820-3001 The division
of urban parks and recreation may expend an amount not to exceed $1,000,000 from
skating rink fees and rentals for the operation and maintenance, including personnel
costs, of 4 rinks between September 1, 2004 and April 30, 2005 for an expanded
and extended rink seasons; provided, that when assigning g time for the use of
its rinks, the division shall give priority to those which qualify under applicable
state and federal law as non-profit organizations or as a public school; provided
further that not less than $1,000,000 shall be expended to for the repair and
maintenance of the Walter C. Bryan Memorial Rink in the city of Boston ………………………………$2,000,000."
Floor Number: 140 Clerk Number: 289
RELATIVE TO THE LONG-TERM LEASING OF URBAN PARKS RINKS
Mr. Shannon moves to amend the bill in Section 308 in the first paragraph of subsection (a) by deleting the words "Flynn Memorial Rink, Medford; LoConte Memorial Rink, Medford;" and inserting in place thereof the following words:- "Veterans Memorial Rink, Somerville", and by adding to the second paragraph of subsection (b) the following words:- "No proposal to lease the Simoni Memorial Rink in Cambridge shall be deemed responsive without a proposal by the same offeror to lease the Veterans Memorial Rink in Somerville."
Floor Number: 141 Clerk Number: 307
Veterans Memorial Rink
Mr. Havern moves to amend the bill in Section 308 by striking the words "Veterans Memorial Skating Rink, Arlington;"
Floor Number: 142 Clerk Number: 484
ICE RINKS
Mr. Joyce and Ms. Fargo move to amend the bill in Section
308, line 21, by adding after the words "special law to the contrary":-
"shall be first offered at a nominal rate to the municipality in which
the ice rink is located,"
Mr. Joyce and Ms. Fargo move to further amend the bill in
Section 308, line 34, by adding after the words "maintenance shall":-
", if no lease agreement is reached with the municipality in which the
rink is located,"
Floor Number: 143 Clerk Number: 490
ULIN RINK - HOUGHTON'S POND LEASE
Mr. Joyce moves to amend the bill in Section 308 by adding the following words:-
"(f) Nonwithstanding the provisions of any general or special law to the contrary, the Department of Conservation and Recreation shall offer to the town of Milton a lease agreement for land currently the jurisdiction and control of the DCR known as Max Ulin Rink and the existing adjacent parking area located on Unquity road in the town of Milton and the playing fields consisting of four tennis courts and three baseball/softball diamonds and including the existing adjacent parking area at Houghton's Pond located at Blue Hill River road in the town of Milton to said town park and recreation department to be used for recreational purposes. The term of said lease agreement shall be for twenty years, and the town of Milton shall pay a nominal consideration for said lease. All costs, fees and expenses relating to the care and maintenance for such property shall be paid in full by the lessee."
FLOOR NUMBER: 144 CLERK NUMBER: 724
LONG-TERM LEASING OF URBAN PARK RINKS IN NEWTON
Mr. Morrissey moves to amend the bill in Section 308
at the end of the first paragraph by inserting after the word "Arlington"
the following words:- "Daly Memorial Rink, Newton"
Floor Number: 145 Clerk Number: 119
DCR LEASE AGREEMENTS:
Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund,
Ms. Sprague, and Mr. Brown move to amend the bill by inserting, after Section
362, the following new section:-
"SECTION____.
Section 110 of chapter 88 of the Acts of 1997 is hereby amended by deleting said
section in its entirety and substituting therefore the following new section:-
"; 110. Notwithstanding the provisions of sections 40E to 40J, inclusive,
of chapter 7 of the General Laws, or any other special or general law to the contrary,
the commissioner of the department of conservation and recreation is hereby authorized
to enter into license or lease agreements for the placement of telecommunications
antennas on buildings, communications towers, fire observation towers, structures,
and properties under the control of said department of conservation and recreation,
on such terms as the commissioner deems appropriate. Said license or lease agreements
may include, without limitation, provisions for access to and use of buildings,
communications towers, fire observation towers, structures, and properties for
placement, use, and maintenance of ancillary equipment, facilities, and fixtures.
License agreements entered into pursuant to this section shall have a maximum
initial term of five years and may be renewable for up to two more additional
five year terms. Lease agreements shall have a maximum duration, including extensions,
of 15 years. The license or lease fee paid for any agreement entered into pursuant
to this section shall be the full fair market value, provided that agreements
entered into with public entities may provide for the delivery of goods and services
in lieu of monies. Any such antenna installation must comply with all applicable
federal, state and local laws, regulations, and ordinances and shall be subject
to a public hearing in a municipality in which said antennas are proposed to be
located. Said public hearing shall be advertised in a newspaper of general circulation
in said municipality not less than 14 days prior to said public hearing.
Said
commissioner of the department of conservation and recreation shall, at least
15 days before the execution of any agreement with a non-public entity as authorized
in this section, submit the agreement to the house and senate committees on ways
and means and state administration together with a written report specifically
determining that the agreement is in the public interest; that the payments to
be received by the commonwealth represent full and fair market value; that any
activities authorized by the agreement will not interfere with the commonwealth's
current or anticipated future use of the buildings, communications towers, fire
observation towers, structures, or properties; and that the activities authorized
by the agreement do not change the essential character of the building or property.
Revenues
received from any agreement authorized by this section shall be deposited to the
General Fund."
Floor Number: 146 Clerk Number: 131
CONNORS MEMORIAL POOL
Ms. Fargo moves to amend the bill by inserting, after Section
__, the following new Section: -
"SECTION___. Item 2840-2016 of section 2 of chapter 236 of the acts of
2002 is hereby amended by striking the words "; provided further, that
$200,000 shall be expended for renovation of the Connors pool in the city of
Waltham" and inserting in place thereof the following: -
provided further, that $1,200,000 shall be expended for renovation of the Connors
pool in the city of Waltham."
Floor Number: 147 Clerk Number: 136
PROCEEDS FROM DCR LEASE AGREEMENTS:
Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund,
Ms. Sprague, and Mr. Brown move to amend the bill by inserting, after Section
362, the following new section:-
"SECTION____.
Section 110 of chapter 88 of the Acts of 1997 is hereby amended by deleting said
section in its entirety and substituting therefore the following new section:-
"; 110. Notwithstanding the provisions of sections 40E to 40J, inclusive,
of chapter 7 of the General Laws, or any other special or general law to the contrary,
the commissioner of the department of conservation and recreation is hereby authorized
to enter into license or lease agreements for the placement of telecommunications
antennas on buildings, communications towers, fire observation towers, structures,
and properties under the control of said department of conservation and recreation,
on such terms as the commissioner deems appropriate. Said license or lease agreements
may include, without limitation, provisions for access to and use of buildings,
communications towers, fire observation towers, structures, and properties for
placement, use, and maintenance of ancillary equipment, facilities, and fixtures.
License agreements entered into pursuant to this section shall have a maximum
initial term of five years and may be renewable for up to two more additional
five year terms. Lease agreements shall have a maximum duration, including extensions,
of 15 years. The license or lease fee paid for any agreement entered into pursuant
to this section shall be the full fair market value, provided that agreements
entered into with public entities may provide for the delivery of goods and services
in lieu of monies. Any such antenna installation must comply with all applicable
federal, state and local laws, regulations, and ordinances and shall be subject
to a public hearing in a municipality in which said antennas are proposed to be
located. Said public hearing shall be advertised in a newspaper of general circulation
in said municipality not less than 14 days prior to said public hearing.
Said
commissioner of the department of conservation and recreation shall, at least
15 days before the execution of any agreement with a non-public entity as authorized
in this section, submit the agreement to the house and senate committees on ways
and means and state administration together with a written report specifically
determining that the agreement is in the public interest; that the payments to
be received by the commonwealth represent full and fair market value; that any
activities authorized by the agreement will not interfere with the commonwealth's
current or anticipated future use of the buildings, communications towers, fire
observation towers, structures, or properties; and that the activities authorized
by the agreement do not change the essential character of the building or property.
50
percent of revenues received from any agreement authorized by this section shall
be deposited to the General Fund and 50 percent to the community hosting the telecommunications
facility."
Floor Number: 148 Clerk Number: 201
NEWELL BOAT HOUSE
Mr. Nuciforo moves to amend the bill (S.2400) by inserting
at the end thereof the following section:-
Section --.
(1) The lease agreement
by and between the board of metropolitan park commissioners and the President
and Fellows of Harvard College, dated June 26, 1900, which purports to convey
a leasehold interest to certain public property located in the city of Boston
known as the Newell Boat House for a term of one thousand years, with an option
to renew for an additional term of one thousand years, is hereby declared to be
a nullity and violative of public policy.
(2) Notwithstanding the provisions
of any special or general law, the commissioner of the division of capital asset
management and maintenance is hereby authorized and directed, in consultation
with the commissioner of the department of conservation and recreation, the statutory
successor to said board, for the consideration set forth in section three, to
enter into a new lease agreement with the President and Fellows of Harvard College,
for the transfer of a leasehold interest in and to that certain property which
is subject to the protection of Article 97 of the Articles of Amendment to the
Massachusetts Constitution and which is located in the city of Boston and known
as the Newell Boat House, which property contains approximately 1.99 acres and
is a portion of that land taken by said board by an instrument of taking dated
November 3, 1897, and recorded with the Suffolk County Registry of Deeds in Book
2486, Page 121. Said property comprises the land and the building thereon and
shown on a plan of land entitled "Commonwealth of Massachusetts, Metropolitan
Park Commission, Charles River Reservation, Plan of Land near North Harvard Street,
Boston, to be leased to President and Fellows of Harvard College x x x Oct. 30,
1899, Wm. T. Pierce, Engineer," being Metropolitan Park Commissioners' Plan
No. 230.
(3) The commissioner of the division of asset management and maintenance
is hereby authorized to enter into a license agreement with the President and
Fellows of Harvard College, to be effective from the date of the enactment of
this act up to the date of the execution of the lease agreement authorized by
this act, on such term as the said commissioner may determine, in consultation
with the commissioner of the department of conservation and recreation.
(4)
The consideration for the conveyance of the leasehold interest in the parcel of
land described in paragraph (2), shall be the full and fair market rental value
of the property as determined by the commissioner of the division of capital asset
management and maintenance based upon an independent real estate appraisal.prepared
in accordance with the usual and customary professional appraisal practice by
a qualified appraiser contracted by said commissioner.
(5) Said commissioner
shall submit said appraisal or appraisals to the inspector general for his review
and comment. Said inspector general shall review and approve said appraisal or
appraisals, and said review shall include an examination of the methodology utilized
for said appraisal or appraisals. The inspector general shall prepare a report
of his review and file said report with the commissioner for submission by said
commissioner to the House and Senate committees on ways and means and the chairmen
of the Joint Committee on State administration. Said commissioner shall submit
copies of said appraisals, and the inspector general's review and approval, and
comments, if any, to the House and Senate committees on ways and means and the
chairmen of the Joint Committee on State Administration at least fifteen days
prior to the execution of said lease agreement.
(6) The Lessee shall be responsible
for all costs associated with any appraisal, survey, deed preparation and plan
preparation, or other expenses incurred by the commonwealth relating to the transfer
authorized by section two.
(7) At the option of the commissioner of the division
of capital asset management and maintenance, in consultation with the commissioner
of the department of conservation and recreation, any additional consideration
to be paid by the Lessee may be provided by in-kind contribution, so-called, as
may be set forth in the lease agreement. Any monetary consideration paid to the
commonwealth for the conveyance of the leasehold interest authorized by this act
shall be deposited into the Urban Parks Trust Fund in accordance with the provisions
of section 34 of chapter 92 of the General Laws.
Floor Number: 149 Clerk Number: 228
DELETING RESIDENCY REQUIREMENT FOR THE DIRECTOR OF STATE PARKS AND RECREATION
Ms. Walsh moves to amend the bill by inserting after Section
_____, the following new Section: -
SECTION ___. Section 1B of chapter 132A of the General Laws is hereby amended
by striking out the second sentence.
Floor Number: 150 Clerk Number: 229
DELETING RESIDENCY REQUIREMENT FOR THE DIRECTOR OF URBAN PARKS AND RECREATION
Ms. Walsh moves to amend the bill by inserting after Section
_____, the following new Section: -
SECTION ___. Section 1A of chapter 92 of the General Laws is hereby amended
by striking out the second sentence.