Resolve, To Continue Consultation and Conditions Prerequisite to the Sale or Lease of Certain Real Property in Hallowell

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  Resolve 2011, chapter 70 authorized the sale or transfer of certain property in the City of Hallowell, and Resolve 2011, chapter 99 amended conditions for the sale or transfer of that land and for the lease for the administrative office for Regional School Unit 2; and

Whereas,  it is necessary to update certain specified dates in order to ensure the continuation of the lease for the administrative office for the Regional School Unit 2; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Resolve 2009, c. 102, §1, sub-§2, amended. Resolved: That Resolve 2009, c. 102, §1, sub-§2, as amended by Resolve 2011, c. 99, §1, is further amended to read:

2. Reserve for the use or transfer to the City of Hallowell or any school administrative unit that includes the City of Hallowell whatever portion of the parcel as agreed to by the State, the City of Hallowell and the school administrative unit for purposes of education, educational administration or educational services to be provided by the school administrative unit. This right for reservation or transfer may be surrendered by the City of Hallowell and the school administrative unit. The State shall by September 30, 2011  enter into a lease to extend the current terms of School Administrative District 16 or any successor school administrative unit that includes the City of Hallowell as a tenant at the site through June 30, 2015, and by September 30, 2013, the State shall enter into a lease to extend the current terms of School Administrative District 16 or any successor school administrative unit that includes the City of Hallowell as a tenant at the site through June 30, 2017, subject to existing laws and with the additional provision that such lease must survive any transfer of ownership prior to that date until the expiration of the lease;

Sec. 2. Resolve 2009, c. 102, §1, sub-§4, amended. Resolved: That Resolve 2009, c. 102, §1, sub-§4, is amended to read:

4. Condition sale or transfer on the preservation and rehabilitation of the 5 buildings and surrounding grounds known as the Industrial School for Girls Historic District consistent with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties” as interpreted or otherwise determined appropriate by the Maine Historic Preservation Commission.

The Commissioner of Administrative and Financial Services, prior to issuance of any request for qualifications associated with the transfer of the site, shall establish and convene a stakeholder group to guide reuse, assist in crafting a request for qualifications to be issued by the Department of Administrative and Financial Services and review qualifications of developers. The stakeholder group must have representation from interested parties, unless they decline to participate, including City of Hallowell officials, any school administrative unit that includes the City of Hallowell, the members of the Legislature whose districts include the parcel, the Maine Historic Preservation Commission, the Department of Administrative and Financial Services and others as determined by the commissioner. A subgroup of the stakeholders may must be invited to participate in whole or in part in interviews of qualified developers scheduled as part of the request for qualifications process and to review parameters for development and must also be invited to participate prior to transfer of any part of the site to one or more developers, recognizing that the selection decision is under the authority of the commissioner; and be it further

Sec. 3. Report. Resolved: That, by February 1, 2014, the Commissioner of Administrative and Financial Services shall provide a written report to the Joint Standing Committee on State and Local Government on the status of all efforts toward the sale or transfer of the property located in the City of Hallowell Tax Map 6, Lot 27 consisting of 63.5 acres.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

Current law authorizes the State to sell or lease certain real property in the City of Hallowell, and establishes conditions on the sale or transfer of the property. This resolve directs the State to enter into a lease to extend the current terms of School Administrative District 16 or any successor school administrative unit that includes the City of Hallowell as a tenant at the site through June 30, 2017. This resolve also specifies that a subgroup of stakeholders must be invited to participate in interviews of qualified developers and to participate in interviews with developers prior to the transfer of any portion of the site to a developer. This resolve also directs the Commissioner of Administrative and Financial Services to provide a written report to the Joint Standing Committee on State and Local Government on the status of all efforts toward the sale or transfer of the property.