Annual Report
State Properties Committee
FY 2007
Annual Report – State Properties Committee
FY 2007
To: Hon. Donald L. Carcieri
Hon. William J. Murphy
Hon. Joseph Montalbano
Hon. A Ralph Mollis
Introduction:
The State Properties Committee is a six (6) member board authorized by statute to review and approve all transactions relating to real property owned, leased or licensed by or for the State. The committee members include the Chief Purchasing Officer or designee (Chairman), a representative appointed by the Director of the Department of Administration, the Attorney General or designee, two (2) public members and a designee of the General Treasurer, ex-officio member appointed by the Governor and confirmed by the Senate. For the fiscal year 2007, the following members served on the State Properties Committee:
Jerome F. Williams, Chairman (from July 2006 through January 2007)
Kevin M. Flynn – Chairman (commencing January 9, 2007)
Robert Griffith – Designee of the Director of Administration
Richard Woolley – Designee of the Attorney General
Robert W. Kay – Public Member
John A. Pagliarini, Jr. – Public Member
Xaykham Khamsyvoravong Designee of the Office of the General Treasurer, Ex-officio Member
The State Properties Committee meets regularly on a bi-weekly schedule on Tuesdays normally at 10:00 am. When customer needs warrant, the committee has scheduled special meetings to ensure proper due diligence is conducted and customer needs are met. All meetings are properly posted in accordance with the Open Meetings Statutes.
Summary of State Properties Responsibilities:
Pursuant to RIGL 37-7, the State Properties Committee is responsible for the approval of any acquisition, disposition or transfer of real property. In addition any lease or license of real property that the State desires to enter into must be approved by the SPC. Departments and agencies forward requests for approval to the staff for the SPC and the items are placed on the appropriate meeting agenda.
Statutory Reference – Annual Report
The annual report is being provided based on R.I.G.L. 37-6-1.1 which identifies the requirements for the annual report. The report must contain the following:
Operating Statement summarizing meetings held and decisions rendered
Meeting minutes
Rules or regulations promulgated
Studies conducted and programs administered
Financial statement of funds received and expended
Staff supported by these funds
Complaints received
During FY 2007, there were no complaints received by the Committee and the Committee was not charged with any studies or additional programs. In addition, the Committee did not promulgate any rules or regulations. Within the exhibits attached, there is an operating statement summarizing the actions taken at each meeting, copies of the minutes of each meeting and a financial statement that provides information on the FY 2007 budget, the actual expenditures and the staffing supported by the expenditures.
Upcoming Objectives:
In FY 2008 there are two primary objectives to be undertaken by the Committee. The first is to continue the progress made on standardizing legal documents used by all departments and agencies. As mentioned above, the committee approved and distributed a standard lease to be used for all leasing of private property by state agencies. The goal is to establish standard documentation for the acquisition and disposition of property with enough flexibility to meet the customer needs of all departments.
The second objective is to create appropriate rules and regulations regarding two of the three major tasks that are performed by the Properties Committee. The first of these will deal with the sale of properties. Currently there are no specific rules and regulations regarding the sale of properties, and the statutes that provide the foundation for this activity have some fairly significant gaps. For instance there is no guidance as to method of sale (sealed bid, auction, sole source transaction) or what types of appraisal practices are necessary to obtain fair market value. There is a history of past practice and a public aspect to the process, but no formalization in terms of rules and regulations. Legal staff is currently in the process of drafting such rules, which the Committee will review and comment on prior to adoption. Similarly, there are no rules and regulations regarding the licensing of state properties for non state uses. Concern has been raised at the department level in terms of when, if ever, they have the authorization to permit certain uses on state properties, and whether or not all of those uses need to be approved by the Committee. Regulations are also being drafted by legal staff to hopefully outline these procedures and guidelines.
We are also working on revised “Action Request Forms” that will mirror the various approval processes involved with leasing, selling, or otherwise conveying state properties. Currently it is not always clear to the agency which form should be used.
The products of the efforts noted above, along with the pertinent statutes, will constitute a major portion of the training program for new members of the State Properties Committee, which is also required by statute.
We continue to make progress in terms of reducing the State’s dependency for leasing of private property for state use. A current listing of all state leases is included in this report as an appendix.
Conclusion:
The Committee reviews and conducts due diligence on a significant number of simple and complex real estate transactions each year. The Committee held twenty-four (24) regular meetings during the fiscal year and eight (8) special meetings held due to emergency requests by the customers being served. I would like to take the opportunity to thank the members of the State Properties Committee for their diligence and professionalism during the year. In many cases, schedules were changed to accommodate these special meetings. The Committee takes pride in their service and is interested in ensuring that the State receives the best value for any real estate related transaction.
Respectfully submitted:
Kevin M. Flynn, Chairman
State Properties Committee
SUMMARY OF SPC MEETINGS FY 2007
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
7/5/06 DOT A request for Conceptual Approved Approved subject to
approval to convey 5.57 acres a recommendation of the
of land located @Route 5 & Statewide Planning
Route 113, Warwick to the relative to a permanent
Carpionato Corporation. buffer.
7/5/06 DOT A request for approval and Approved n/a
execution of a License
Agreement with Hopkinton
Investments to erect its sign.
7/5/06 DEM A request for approval and Approved n/a
execution of License Agreement
with Eugene J. Pezzulli and
Auto’s of the World.
7/5/06 DEM A request for approval of and Approved n/a
signatures on an Access
Agreement with Blasland,
Bouck & Lee, Inc.
7/5/06 DOA A request for approval for an Approved n/a
Easement to allow Chariho
School District to run a pipe into
a fire suppression water storage
tank.
7/7/06 DOA A request for approval of and Approved n/a
signatures on a Film Location
Agreement allowing Have No
Fear Productions, Inc. to utilize
Station Park to erect tents.
7/7/06 DEH A request for approval of and Approved n/a
signatures on a Memorandum
of Understanding for the
Farmers Market to be held in the
Courtyard of Capitol Hill.
7/18/06 DOA A request for conceptual approval Approved n/a
to allow Providence School Dept.
and the City of Providence to perform
limited improvements to the Hanley
Career Education Building.
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
7/18/06 MHRH A request for approval of and Approved n/a
signatures on four (4) Lease
Agreements with The Providence
Center for premises located at
424-426 Eaton Street; 96 Atwood
Avenue; 859 Broad Street; and 500
Hope Street in Providence.
7/18/06 DEM A request for approval of and Approved n/a
signatures on a License
Agreement with Fort Adams
Trust to allow the Trust to
host a classic car display and
concert series at Fort Adams
State Park.
7/18/06 DEM A request for approval of and Approved n/a
signatures on a License with
authorization to serve alcoholic
beverages Agreement with Fort
Adams Trust.
7/18/06 DEM A request for permission to go out Approved n/a
to bid for 2007 Season for the
operation of the concession stand
and campground store at
Burlingame State Park.
7/18/06 DEM A request for approval of and Approved n/a
signatures on a Warranty Deed
for land located in Exeter.
7/18/06 DOT A request for approval of and Approved n/a
signatures on a License Agreement
with Stephen N. Robitaille for land
located in Warwick.
7/18/06 DOT A request for approval of and Approved n/a
signatures on a License Agreement
with NewportFed/Westerly Savings
Bank to erect a sign.
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
7/18/06 DOT A request for approval of Approved n/a
and signatures on a corrected
Quit Claim Deed for
Amalgamated Financial
Equities III, LLC
7/18/06 DOT A request for conceptual approval Approved After discussion in
to convey 5.4± acres of land to the Executive Session, this
the City of Newport, J.T.Connell item was approved subject
Highway. to the inclusion of
language regarding the
flipping of property and
the sharing of revenue
upon the sale of the
property.
7/18/06 DOT A request for approval to convey Approved After discussion in
3.5± acres of land at the intersection Executive Session, this
of Routes 7 & 116 in Smithfield. item was approved subject
to the inclusion of
language regarding the
flipping of property and
the sharing of revenue
upon the sale of the
property.
7/18/06 DOT A request for authorization to Approved After discussion in
acquire new 3 year temporary Executive Session, this
easements in conjunction with item was approved.
the construction of the replace-
ment of Barrington Bridge#123
7/18/06 DOT A request to acquire land and Approved After discussion in
easements in Tiverton neces- Executive Session, this
sary for the replacement of the item was approved.
Sakonnet River Bridge.
8/1/06 DOT A request for approval of and Approved n/a
signatures on a License
Agreement with Fruit and Veggie
Express, Inc. relative to land
in the City of Cranston.
8/1/06 DEM A request for approval of and Approved n/a
signatures on a License
Agreement with Abenaki
Council for use of Colt State
to hold a Pow-Wow.
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
8/1/06 Discussion in regard to n/a n/a
FY 2007 Budget Article 38.
8/15/06 URI/BOG A request for approval to move Approved n/a
the vacant Theta Delta Chi
Fraternity building.
8/15/06 DOT A request for approval of and Approved n/a
signatures on a License Agreement
with Anthony Polseno for land
located in the Town of Lincoln.
8/15/06 DOT A request for approval of and Tabled n/a
signatures on Consent
Agreements to assign the
Easement Agreements dated
July 26, 1996 and September
18, 2001 from Prov Gas to
National Grid, USA.
8/15/06 DOT A request for approval of and Approved n/a
signatures on a License
Agreement with Luke’s
Church Corporation for land
located in Barrington.
8/15/06 DOT A request for approval of and Approved n/a
signatures on a Discharge and
Release of Reversionary Rights
and Amendment of Quit Claim
Deed with Albert W. Pari for
1.034± acre of land along
Route 146 in North Providence.
8/15/06 CHR A request for renewal of the Deferred n/a
Lease Agreement with Dorwest
Associates for the premises
located at 180 Westminster
Street, Providence.
8/30/06 URI/BOG A request for approval of and Deferred n/a
signatures on a Communications
Site License Agreement with
Cingular Wireless Telecommunications.
8/30/06 MHRH A request from Kent Center Approved n/a
for conceptual approval to sub-
lease space in a State-owned
building to a private pharmacy.
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
8/30/06 DEM A request for approval of and Approved n/a
signatures on a License
Agreement with Michelle
Brooks for Pow-Wow to
be held at Lincoln Woods
State Park.
8/30/06 DOT A request for approval of and Approved n/a
signatures on Consent
Agreements to assign the
Easement Agreements dated
July 26, 1996, from Prov Gas
to National Grid, USA.
8/30/06 DOT A request for conceptual Approved n/a
approval to convey 10,125 s.f.
of land located along Atwood
Avenue in Cranston to Adler
Brook Builders, Inc.
8/30/06 DOT A request for approval of and
signatures on a License
Agreement with Abramek
Realty for 8,068 s.f. of land
located at 777 Putnam Pike,
Glocester.
8/30/06 DOA A request to utilize Station Approved This item was approved
Park for CVS Downtown 5K. subject to the applicant
obtaining the necessary
liability insurance.
8/30/06 DOA A request to convey land Approved This item was approved
located at 1615 Pontiac subject to compensation
Avenue in Cranston. for an existing encroach-
ment being negotiated
and the DOA returning
to the SPC with final
purchase price.
8/30/06 DOA A request for approval of and Approved This item was approved
signatures on two Letter subject to the State of
Agreements with Have No Rhode Island receiving
Fear Productions. a check in the amount of
$857.00 from Have No
Fear Productions.
Date: Agency: Action Requested: Approved/ Comments:
Rejected/
Tabled:
8/30/06 DOT A request for permission to Deferred n/a
waive the RFP process and
assume lease obligations for
the remaining term of an exist-
ing quasi-state agency lease
agreement.
8/30/06 DOA The presentation of updated n/a n/a
information relative to the
Division of Motor Vehicles
Lease.
8/30/06 DOT A request for approval to Approved After discussion in
acquire land in conjunction Executive Session, this
with the expansion of item was approved.
facilities at Quonset State
Airport.
9/1/06 DOA A request for permission to Approved. n/a
utilize the State House for
Unity Day.
9/1/06 DOT A request for approval of and Approved n/a
signatures on Consent
Agreements to assign the
Easement Agreements dated
September 18, 2001, from Prov Gas
to National Grid, USA.
9/12/06 DOA A request for resolution to be Deferred n/a