Bill Text: MA S415 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to authorizing the Department of Conservation and Recreation to provide leases to yacht clubs on its property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-20 - Reporting date extended to Tuesday, June 15, 2010 [S415 Detail]
Download: Massachusetts-2009-S415-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Morrissey, Michael (SEN)
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act authorizing the Department of Conservation and Recreation to provide leases to yacht clubs on its property.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Morrissey, Michael (SEN) |
Norfolk and Plymouth |
|
John A. Hart, Jr. |
First Suffolk |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00527 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act authorizing the Department of Conservation and Recreation to
provide leases to yacht clubs on its property.
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. Chapter 92 of the General Laws is hereby amended
by inserting, after section 120, the following section:-
Section 121. (a) The commissioner of the division of capital asset
management and maintenance may, in consultation with the department of
conservation and recreation and notwithstanding the provisions of sections 40E
to 40J, inclusive, of chapter 7, enter into leases or other agreements for a
term up to 10 years with existing nonprofit organizations located on public
park land under the care and control of the department regarding the land
associated with the following boating and yacht facilities: Union Boat Club,
Boston; Cambridge Boat Club, Cambridge; Riverside Boat Club, Cambridge;
Buckingham, Browne & Nichols Boat House, Cambridge; M.I.T. Boat House,
Cambridge; Belmont Hill / Winsor Boat House,
Cambridge; Tufts University, Medford; Harvard Sailing Pavilion, Cambridge;
Boston University Sailing Pavilion, Boston; M.I.T. Sailing Pavilion, Cambridge;
Puritan Canoe Club, Boston; Neponset Valley Yacht
Club, Milton/Braintree; Wollaston Yacht Club, Quincy;
Squantum Yacht Club, Quincy; South Shore Yacht Club,
Weymouth; Charlesgate Yacht Club, Cambridge; Charles
River Yacht Club, Cambridge; Newton Yacht Club, Newton; Columbia Yacht Club,
Boston; South Boston Yacht Club, Boston; Riverside Yacht Club, Medford; Medford
Boat Club, Medford; Mystic Wellington Yacht Club, Medford; Winterhill
Yacht Club, Somerville; Watertown Yacht Club, Watertown; East Boston Yacht
Club, Boston; Dorchester Yacht Club, Dorchester; and Boston Harbor Yacht Club,
Boston.
(b) Such leases and other agreements shall be on terms and conditions
acceptable to the commissioner of the division of capital asset management and
maintenance, after consultation with the commissioner of the department of
conservation and recreation, and shall require appropriate public access to
public park land and outreach and stewardship by the lessees. The
department of conservation and recreation shall consider the following criteria
when negotiating lease fees with yachting and boating clubs: the
club’s service to the community; community outreach and public access; the
actual revenue generated by the club; the number of years the club has been at
that location; the size of the club’s dues-paying membership; the nature and
type of services the yacht club provides to its members; the capital
improvements and maintenance on clubs located on the department’s properties;
future capital improvements or need for improvements to the facilities; the
historic nature of the facilities and their use; and the fees and taxes paid by
the club to the municipality in which it is located.
(c) The lease or other agreement shall be prepared in accordance with the
generally accepted real estate principles and in accordance with the criteria
in section (b). The inspector general shall review and approve the lease
or other agreement, and his review shall include an examination of the
methodology used for the negotiations. The commissioner shall, 30 days
prior to the execution of any lease or other agreement authorized by this
section, submit the lease or other agreement to the inspector general. The
inspector general shall prepare a report of his review and approval of the
lease or other agreement and file the report with the commissioner, and copies
of the report shall be filed with the house and senate committees on ways and
means and with the chairmen of the joint committee on state administration at
least 15 days prior to the execution. All funds received under the lease or
other agreement shall be deposited into the Urban Parks Trust Fund, established
pursuant to section 34 of Chapter 92. The division, in consultation with
the department, is authorized to grant a 10 year extension to any lease or
other agreement.
(d) The department of conservation and recreation and the lessee shall be
responsible for their own costs associated with any appraisal, survey or other
expense, unless otherwise specified in the lease or other agreement.
