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Responsibilities

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Responsibilities

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.

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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.

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    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

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    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.

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    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.

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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.

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    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

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     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

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     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

     forwarded to the General

     Assembly in accordance with

     Article 38.

    9/12/06 URI/BOG A request to acquire 125 acres Approved n/a

     of land known as Tibbits Property

     located in South Kingstown.

9/12/06 OAG A request for conceptual approval Approved Conceptual approval was

     to acquire 2 excess Army Reserve granted, however, this

     Centers in Bristol and Warwick. does not preclude any

     State agency from

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