Subcommittee to ask finance committee for $250,000 from free cash to study MCI Concord wastewater facility acquisition

The Legal and Government Affairs Subcommittee recommended on a roll-call vote that the Finance Committee consider a Town Meeting article asking to appropriate $250,000 from free cash to evaluate the feasibility of acquiring the wastewater treatment facility at the Massachusetts Correctional Institution (MCI) Concord and to fund planning related to the site’s closure.

The subcommittee’s action, moved and seconded during the meeting and approved by a roll call in which two members voted “aye,” asks the Finance Committee to place the appropriation before Town Meeting so the town would control funds for outreach, technical studies and possible legal and acquisition work if the town chooses to pursue purchase or transfer of portions of the state-owned property.

Town staff reported that the executive office of administration and finance has approved a $250,000 state earmark connected to this project and that a contract was received from the Office of Economic Development; the staff member said the town is waiting for a countersigned copy. Staff also said the state agreement splits pre-contract settlement costs and forward-looking expenses: about $27,000 was identified as pre-contract expense, leaving roughly $223,000 still to be spent in the current fiscal year under the state allocation.

Subcommittee members and staff emphasized that the state money’s timing is uncertain because the legislature’s budget process extends into June. To avoid being unable to enter contracts if state funds are delayed or not available, the subcommittee is proposing the $250,000 free-cash appropriation the town can control. Separately, the town holds $100,000 of American Rescue Plan Act (ARPA) funds already earmarked for zoning work tied to the site; those ARPA funds must be committed by Dec. 31, 2024 and spent by Dec. 31, 2026 under U.S. Treasury rules, staff said.

Meeting participants identified how the town would use local funds if approved: additional public outreach beyond what the state contract covers; wastewater system planning such as possible interconnection of the MCI facility to town systems; expanded traffic studies tied to a potential rotary redesign; legal support for negotiating acquisition options; and due-diligence studies for portions of the site not limited to the wastewater plant. Staff cited prior local zoning work for MBTA Communities as a comparison, noting that the zoning effort incurred about $45,000 in consultant costs plus substantial staff and planning-board time.

Staff and members reported practical obstacles to starting the wastewater assessment: outside consultants and their counsel (identified as counsel working for Westland and Samsung) have been delayed by redlines and negotiations on an access agreement with state entities, including the Division of Capital Asset Management and Maintenance (DCAM) and the Department of Correction (DOC). That access issue has delayed on-site testing; town staff said they hope to report progress at the next subcommittee meeting.

Transportation agencies have not issued final guidance on project timing, participants said. Town staff described ongoing coordination with a transportation subcommittee, the town’s public-works consultant (Stantec) and the Climate Action Committee; an April 30 public outreach session and a Finance Committee hearing on May 1 were identified as upcoming public milestones. Members warned that MassDOT’s timeline for any rotary or roadway redesign may be longer than the town’s planning schedule and that sustained funding will be needed to participate effectively in MassDOT’s process.

On funding strategy, members discussed asking Senator Barrett for an additional appropriation so the project total could reach $350,000 (the proposal discussed would be $250,000 from free cash plus $100,000 ARPA already committed to zoning). Staff noted Representative Gentile had filed a budget amendment to extend the authorization for the existing $250,000 earmark; the amendment’s status would be tracked while staff also planned to follow up with Senator Barrett’s office.

The subcommittee’s recommendation to present the appropriation request to the Finance Committee was moved, seconded and approved by roll call. The record shows two members voting in favor. The recommendation will be presented at the Finance Committee hearing scheduled for May 1; staff and advisory board members said they expect to attend in support and to answer questions about outreach, technical scope and timing.

Members repeatedly cautioned that zoning and thorough public engagement could take many months to complete; participants observed that reaching ordinance-ready zoning by Town Meeting in 2026 would be aggressive and that the work might stretch to 2027. Because ARPA funding has expiration and compliance constraints, members said a free-cash appropriation is attractive as a non-expiring local source the town could hold until needed for consulting, legal and engagement tasks.