PETITION OF:

AN ACT AUTHORIZING THE TOWN OF SHIRLEY TO ESTABLISH AN ACCOUNT FOR THE LONGLEY ACRES CONSERVATION AREA.

Section 1. Notwithstanding any general or special law to the contrary, the town of Shirley may establish a separate account, known as the Longley Acres Maintenance Fund, to receive and expend funds, without further appropriation, to operate, maintain, manage and improve the Longley Acres Conservation Area at 27 Whitney road, hereinafter referred to as the “area”, and to sell forest, agricultural and related products to benefit the area, at the direction of the town conservation commission acting consistent with its authority under section 8C of chapter 40 of the General Laws.

Section 2. Notwithstanding sections 53 and 53A of chapter 44 of the General Laws, the income received by the commission, including but not limited to, the proceeds from the sale or lease of forest, agricultural and related products to benefit the area, and the sale of publications and revenue from license agreements for the area shall be deposited into the account, of which the town treasurer shall be the custodian. The treasurer may invest and deposit the funds as provided in section 8C of chapter 40 of the General Laws and any income derived from such funds shall be credited to the account. The funds shall be available to the commission, without further appropriation, to maintain and improve the area. Maintenance and improvement costs of the area may include, but shall not be limited to: (a) land surveys, recording fees and costs, plant and wildlife surveys, marking of trees or areas for cutting management surveys and mapping; (b) property improvements to the area, including trail establishment or improvement, parking, trash pickup, and the protection and development of wildlife and plant habitats; (c) maintenance of the house, barn and other structures; (d) legal and other professional or consulting services; (e) improvement and maintenance of the property and buildings for educational purposes, including classes, walks, lectures, demonstrations and related expenses; and (f) improvement and maintenance of the buildings and land so that the area may be used for farming including, but not limited to, growing crops and hay, gardening, and raising animals.

Section 3. The commission may establish and promulgate operating standards and performance criteria for work done in connection to the area, which may include, but shall not be limited to, restrictions on the nature and method of work performed, such as those related to seasonal or weather-related conditions, methods of stream crossings, stone wall repairs, and the use of oil or other toxic or harmful material in the area or in connection to the area.

Section 4. The conservation commission may enter into contracts to carry out this act; provided, however, that the contracts shall not be subject to chapter 30B of the General Laws. The commission may include in a contract a requirement that it be held harmless with respect to claims, injuries, costs, damages or other relief arising out of, or related to, the subject matter of the contract. The commission may require a person performing labor or services to maintain liability insurance and performance bonds. The standards and criteria adopted by the commission pursuant to section 3 may be incorporated into contracts entered into by the commission under this section.

Section 5. The commission may receive gifts of funds from any source and appropriations from the town of Shirley for deposit into the account.

Section 6. The funds accumulated to the effective date of this act from the sources listed in section 2 shall be transferred to the account.

Section 7. The town accountant shall annually audit the account and submit a copy of the audit to the board of selectmen. The board of selectmen shall publish the audit in the town’s annual report.

Section 8. This act is intended to expand and not limit the powers and authority of the commission and shall not be construed to limit or deny the commission any rights, power or authority otherwise granted by any general or special law or by-law.

Section 9. This act shall take effect upon its passage.