Resolve, Authorizing the Creation of a Veterans Campus and the Conveyance of the State's Interest in Certain Real Property in the City of Bangor
Maine Legislature, Session 123, LD 2275
Committee: Legal and Veterans Affairs
Sponsors: PERRY, FAIRCLOTH, PLOWMAN, SCHNEIDER, COTTA, FISHER, PATRICK

Legislative Document 
No. 2275 
S.P.904 
March 26, 2008 
Resolve, Authorizing the Creation of a Veterans Campus and the 
Conveyance of the State's Interest in Certain Real Property in the 
City of Bangor 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. (GOVERNOR'S BILL) 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative FAIRCLOTH of Bangor and Senators: PLOWMAN of 
Penobscot, SCHNEIDER of Penobscot, Representatives: COTTA of China, FISHER of 
Brewer, PATRICK of Rumford. 
Printed on recycled paper 
Preamble. Whereas, the proportion of veterans in Maine's population consistently 
is among the highest in the nation, the 2000 Federal Census estimated that nearly 155,000 
veterans live in Maine and approximately 16% of the State's population over 18 years of 
age is composed of veterans; and 
Whereas, the Maine Veterans' Homes was created by this State to provide long-term 
nursing care to Maine veterans pursuant to the Maine Revised Statutes, Title 37-B, 
chapter 11, and the Veterans Housing Coalition of Maine is a nonprofit organization 
incorporated in this State for the purpose of providing residential housing for veterans in 
need; and 
Whereas, a diverse committee of stakeholders, including veterans' representatives, 
municipal officials, state officials, current campus occupants and Saxl Park committee 
members, has achieved unanimous agreement on a set of recommendations reflected in 
this resolve to create a veterans' campus of diverse services on a site in Bangor, which 
currently is part of the overall Dorothea Dix Psychiatric Center campus; and 
Whereas, the Maine Veterans' Homes currently operates a 120-bed skilled nursing 
facility and a 30-bed residential care facility for veterans on a I5-acre parcel of land on a 
portion of the grounds of the Dorothea Dix Psychiatric Center, which land was donated 
by this State in 1994; and 
Whereas, the Maine Veterans' Homes now intends to play a lead role in 
construction of an integrated veterans' campus, including a veterans' community-based 
outpatient clinic that is anticipated to be operated by the United States Department of 
Veterans Affairs, a veterans' hospice to be operated by the Maine Veterans' Homes and 
offices for the Bureau of Maine Veterans' Services located within the community-based 
outpatient clinic, on land adjacent to the existing Maine Veterans' Homes nursing facility 
at Bangor; and 
'Vhereas, the Maine Veterans' Homes currently occupies almost all of its existing 
15-acre parcel on the grounds of the Dorothea Dix Psychiatric Center and will require 
approximately 8.21 additional acres of land to construct the new buildings and 
appurtenances contemplated for the integrated veterans' campus; and 
Whereas, the Veterans Housing Coalition of Maine now intends to playa lead role 
in the renovation and creation of independent housing for veterans in a former state 
facility on the campus to be conveyed to the coalition pursuant to Resolve 2005, chapter 
209; and 
Whereas, the Saxl Park Committee has worked to maintain and promote the 
walking trails, athletic fields and other features of the area on the campus, which is 
known and established as Saxl Park, for use and enjoyment by the citizens of Bangor, 
veterans, visitors and others and for organized school sports activities; and 
Whereas, the components of this project will be developed in accordance with any 
campus plan adopted by the Department of Administrative and Financial Services, 
Bureau of General Services and otherwise in cooperation with the Dorothea Dix 
Page I - 123LR3SS3(OI)-1 
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Psychiatric Center, the Bureau of General ~erv:;;es, Saxl Park, the Maine Veterans' 
Homes, John Bapst Memorial High School and other existing public users having an 
interest in land at the Dorothea Dix Psychiatric Center; now, therefore, be it 
Sec. 1. Definitions. Resolved: That, as used in this resolve, the following terms 
have the following meanings. 
1. 
"Commissioner" means the Commissioner of Administrative and Financial 
Services. 
2. "State property" means the real estate described in section 4 with the buildings and 
improvements, together with all appurtenant rights and easements, and all personal 
property located on that property, including vehicles, machinery, equipment and supplies. 
3. "Maine Veterans' Homes" means that entity created pursuant to the Maine Revised 
Statutes, Title 37-B, chapter 11 to provide certain medical care and housing for veterans. 
4. "Veterans Housing Coalition of Maine" means the private nonprofit organization 
incorporated in Maine to provide independent residential housing for veterans in need; 
and be it further 
Sec. 2. 
Authority to convey state property to establish a veterans' 
campus. Resolved: That the commissioner is authorized to negotiate, draft, execute 
and deliver any documents necessary to transfer, lease or otherwise make available 
certain state property or property interests in Bangor for the purpose of creating an 
integrated veterans' campus. Any transfer must be executed on such terms as determined 
by the commissioner to be in the best interest of the State following an appraisal of the 
property. The property to be transferred is generally understood to be that described in 
section 4 and in Resolve 2005, chapter 209. The amount of property and the boundaries 
of any property to be transferred or otherwise to be made available must be determined 
by the commissioner in the commissioner's sole discretion. 
The commissioner may 
condition any conveyance pursuant to this resolve upon a requirement that any 
community-based outpatient clinic constructed at the site provide suitable office space for 
the Bureau of Maine Veterans' Services at no cost to the State. The commissioner also 
may condition any conveyance to the Maine Veterans' Homes upon the requirement that 
the Maine Veterans' Homes deed to the State approximately .37 acres of land and 
construct, at no cost to the State, replacement facilities at the Dorothea Dix Psychiatric 
Center to replace any facilities displaced by development of the integrated veterans' 
campus in Bangor; and be it further 
Sec. 3. Property to revert to State. Resolved: That any property transferred 
pursuant to this resolve for the purpose of providing a site for the location of an integrated 
veterans' campus in Bangor must be conveyed with the restriction that title to such 
property must revert to the State if such property ceases to be used to serve veterans. The 
State's purposes, to be specified in the relevant documents executing any conveyance, 
generally are to provide hospice care, a community-based outpatient clinic, housing for 
veterans in need and other services for veterans. If the state property is not used for such 
purposes by June 30, 2011 or ceases at any time thereafter to be used for such purposes, 
the property reverts to the State. If the property reverts to the State, the commissioner, 
after consultation with the Superintendent of the Dorothea Dix Psychiatric Center, may 
return the property to state use or seek qualified developers and proposals for the further 
sale or lease of the state property as long as the proposals are compatible with other uses 
on the Dorothea Dix Psychiatric Center campus; and be it further 
Sec. 4. Description of property transferred. 
Resolved: 
That the state 
property authorized to be transferred pursuant to this resolve is bounded and described as 
follows: 
A certain lot or parcel of land, together with improvements, located northerly of State 
Street in the City of Bangor, County of Penobscot, State of Maine being more particularly 
described as follows: 
Beginning at a 5/8" iron rebar marking the intersection of the northerly sideline of State 
Street and the most southerly comer of a parcel ofland owned by Maine Veterans' Homes 
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as described in book 5316, page 195 at the Penobscot County Registry of Deeds. Said 
rebar is depicted on a plan entitled "Standard Boundary Survey of Lands Located on State 
Street and Hogan Road, City of Bangor, County of Penobscot, State of Maine, Plan for 
Maine Veterans' Homes" dated February 8, 1993 and prepared by SMRT of Portland, 
Maine; 
Thence, generally southwesterly by and along the northerly sideline of State Street 
following a curve to the right having a radius of 1463.09 feet, an arc length of 525.22 feet 
and a chord bearing and distance of S 55°15'30" Wand 522.5 feet to a 5/8" capped iron 
rebar stamped "AMES AlE PLS 2311"; 
Thence, S 24°27'20" E by and along said State Street a distance of 31.8 feet to a 5/8" 
capped iron rebar stamped "AMES AlE PLS 2311 "; 
Thence, S 69°38'10" W by and along the northerly sideline of said State Street a distance 
of 78.8 feet to a point marking the intersection of the northerly sideline of State Street and 
the easterly sideline of an easement along State Hospital Drive, so called; 
Thence, N 20°21 '55" W along said easement a distance of 30.2 feet to an angle point; 
Thence, N 39°l3'40" E along said easement a distance of 62.4 feet to a point of curvature; 
Thence, following a curve to the left having a radius of 355.00 feet and an arc length of 
272.49 feet to a point of tangency; 
Thence, N 04°45'05" W along said easement a distance of 500.2 feet to a point of 
curvature; 
Thence, following a curve to the left having a radius of 780.00 feet and an arc length of 
167.98 feet to a point of tangency; 
Thence, N 17°05'25" W along said easement a distance of 124.0 feet to a point of 
curvature; 
Thence, following a curve to the right having a radius of 270.00 feet and an arc length of 
93.16 feet to a point of tangency; 
Thence, N 02°40'45" E along said easement a distance of 98.7 feet to a point on a 
nontangent curve; 
Thence, following a nontangent curve to the left having a radius of 163.00 feet, an arc 
length of 220.01 feet and a chord bearing and distance ofN 43°24'20" E and 203.7 feet to 
a point. Said point being approximately 30 feet easterly of the centerline of an access road 
leading to the southerly entrance of Dorothea Dix Psychiatric Center; 
Thence, N 64°48'25" E a distance of 181.4 feet to a 5/8" capped iron rebar stamped 
"AMES AlE PLS 2311"; 
Thence, S 80°31'15" E a distance of 146.0 feet to a 5/8" capped iron rebar stamped 
"AMES AlE PLS 2311" marking the westerly line of land of said Maine Veterans' Homes 
as described in book 5316, page 195 at the Penobscot County Registry of Deeds; 
Thence, S 09°25'45" W by and along the westerly line of said Maine Veterans' Homes a 
distance of 588.1 feet to a 4" x 4" granite monument; 
Thence, S 75°42'25" W by and along said Maine Veterans' Homes a distance of217.0 feet 
to a 5/8" iron rebar; 
Thence, S 05°00'25" E by and along said Maine Veterans' Homes a distance of 257.8 feet 
to a 5/8" iron rebar; 
Thence, S 52°14'55" E by and along said Maine Veterans' Homes a distance of 423.6 feet 
to the point of beginning; 
For source of title refer to deeds from George W. Spratt to the State of Maine as 
described in book 601, page 24; Gibson, Prescott and Hersey to the State of Maine as 
described in book 601, page 26; and Trustees of Hersey Estate to The State of Maine as 
described in book 601, page 27, all recorded at the Penobscot County Registry of Deeds. 
The above-described parcel of land is benefited by an easement for access and utilities 
(width of easement varies). Said easement is generally described as leading from State 
Street and running northerly to the Dorothea Dix Psychiatric Center, being known as 
State Hospital Drive, and depicted on a plan entitled "Property of The State of Maine, 
State Street & Hogan Road, Bangor, Maine, Property to be Conveyed to Maine Veterans' 
Homes" dated March 5, 2007, last revised September 25, 2007 and prepared by AMES 
AlE of Bangor, Maine. 
The above-described parcel is also conveyed subject to all and with the benefit of all 
terms, conditions, easements and restrictions of record. 
The above-described parcel of land contains 8.21 acres. Bearings are based on Grid 
North, Maine East Zone, NAD27 as taken from the above-referenced plan; and be it 
further 
Sec. 5. Property to be conveyed as is. Resolved: That the property to be 
conveyed pursuant to this resolve must be conveyed as is, with no representations or 
warranties. Title must be transferred by quitclaim deed without covenant or release deed; 
and be it further 
Sec. 6. 
Competitive selection of landlord for the community-based 
outpatient clinic. Resolved: That any conveyance of land made pursuant to this 
resolve may be conditioned by the commissioner upon a requirement that the entity to 
which the property is conveyed must lease a sufficient portion of that land to a nonowner 
entity upon the nonowner's selection by the United States Department of Veterans Affairs 
to construct a community-based outpatient clinic at the integrated veterans' campus in 
Bangor. 
The construction plans of any owner entity or nonowner entity must be 
approved by both the Department of Administrative and Financial Services, Bureau of 
General Services and the Maine Veterans' Homes, and an owner entity is allowed to 
recover in a lease to a nonowner the owner's costs to develop the site used by the 
nonowner entity. If a nonowner entity needs to demonstrate its ability to control the site 
to be fairly considered during any selection process conducted by the United States 
Department of Veterans Affairs to construct a community-based outpatient clinic in 
Bangor, the owner entity shall enter into an option agreement or other arrangement 
sufficient to permit such control to be demonstrated by the nonowner entity; and be it 
further 
Sec. 7. 
Bureau of General Services to lease land to Maine Veterans' 
Homes prior to effective date of resolve. Resolved: That the Department of 
Administrative and Financial Services, Bureau of General Services is authorized by its 
existing authority pursuant to the Maine Revised Statutes, Title 5, chapter 153 to lease, 
prior to the effective date of this resolve, to the Maine Veterans' Homes the land 
described in this resolve to allow the Maine Veterans' Homes to begin site work for the 
development of the integrated veterans' campus in Bangor as soon as possible; and be it 
further 
Sec. 8. Exemptions. Resolved: That any conveyance made pursuant to this 
resolve is exempt from any statutory or regulatory requirement that the property 
described herein must first be offered for use to the Maine State Housing Authority or to 
any other federal, state or local agency; and be it further 
Sec. 9. Execution of documents. Resolved: That the State, by and through the 
commissioner, is authorized to execute: 
1. A deed to transfer the propel1y according to the terms herein; 
2. 
Negotiate, draft, execute and deliver any documents necessary to settle any 
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boundary line disputes for the property described herein; 
3. Exercise the power of eminent domain to quiet title, if necessary, regarding the 
I 
property described herein; 
4. Negotiate, draft, execute and deliver any easements or other rights that, in the 
discretion of the commissioner, may contribute to the value of the transfer of the State's 
interest in the property described herein; and 
5. Release any interests in the property described herein that, in the discretion of the 
commissioner, do not contribute to the value of the state property adjacent to the property 
described herein; and be it further 
Sec. 10. Proceeds. Resolved: That any proceeds generated pursuant to this 
resolve must be distributed as follows. 
1. 
Any proceeds from the sale of the state property must be deposited into the 
Department of Administrative and Financial Services, Bureau of General Services' capital 
repair and improvement account for capital improvements as designated by the 
commissioner. 
2. Any proceeds from the lease of state property pursuant to this resolve must be 
deposited in the Real Property Lease Internal Service Fund Account or such other 
appropriate account as may be determined by the commissioner; and be it further 
Sec. 11. Authority to appoint Saxl Park Advisory Committee. Resolved: 
That the Superintendent of the Dorothea Dix Psychiatric Center or its successor facility 
may appoint the Saxl Park Advisory Committee, referred to in this section as "the 
advisory committee," consisting of up to 11 voting members and as many nonvoting 
members as are determined necessary or useful to assist the superintendent in the 
operation, management and improvement of Saxl Park. 
1. The 11 voting members of the advisory committee include: 
A. A representative of the City of Bangor; 
B. A representative from among the organizations that use the park; 
C. A member of the public who is a City of Bangor resident; 
D. A representative of the Maine Veterans' Homes; 
E. A representative of the Veterans Housing Coalition of Maine; 
F. A representative of the commissioner; 
G. Up to 4 other additional members; and 
H. 
The Superintendent of the Dorothea Dix Psychiatric Center or the 
superintendent's designee, who serves as chair of the advisory committee. 
The committee, with the approval of the superintendent, may establish such internal 
administrative practices as it determines best, including those regarding the terms of 
members, time and places of meetings and method of decision-making, except that the 
superintendent shall keep and maintain the records of the committee 
2. 
The Director of the Bureau of General Services within the Department of 
Administrative and Financial Services is authorized to establish an account to accept and 
expend gifts on behalf of the advisory committee for the purpose of maintaining, 
operating and improving the park. Notwithstanding any other provision of state law, the 
receipt and expenditure of privately raised funds to benefit the park, except expenditures 
for public improvement projects of $100,000 or more, are exempt from the Maine 
Revised Statutes, Title 5, chapters 153 and 155. Nothing in this section may be construed 
to exempt any other expenditure from Title 5, chapters 153 and 155; and be it further 
Sec. 12. Master plan to be developed. Resolved: 
That the Director of the 
Bureau of General Services within the Department of Administrative and Financial 
Services, to the extent practicable within existing resources, shall convene a stakeholder 
group to develop a master plan to guide the future of the state property that is the subject 
of this resolve. Any such plan must recognize the historical and current uses of the site as 
well as the establishment of the integrated veterans' campus. The stakeholder group must 
include representatives of the municipality, the Dorothea Dix Psychiatric Facility, 
veterans' organizations, tenants, Saxl Park and others as determined by the Director of the 
Bureau of General Services; and be it further 
Sec. 13. Repeal. Resolved: That the authority to convey the property set forth in 
section 2 and section 9 is repealed 5 years from the effective date of this resolve. 
SUMMARY 
This resolve implements the recommendations of the planning committee created 
pursuant to Executive Order 32, fiscal year 2006-07 regarding the creation of a veterans' 
campus on current state property in Bangor. 
The resolve reinforces the authority 
previously granted in Resolve 2005, chapter 209 authorizing the conveyance of property 
for the creation of independent housing for veterans at the site and authorizes the transfer 
of additional property for the construction and operation of a community-based outpatient 
clinic, a hospice facility and other facilities to serve veterans at the site. The resolve 
formally authorizes the creation of a Saxl Park Advisory Committee to help oversee the 
state property known as Saxl Park and located on this campus, authorizes the Department 
of Administrative and Financial Services, Bureau of General Services to accept and 
expend gifts on behalf of the advisory committee, and instructs the Director of the Bureau 
of General Services to convene a stakeholder group and to create a comprehensive plan 
within existing resources to guide the future of the campus, acknowledging the current 
and already planned uses. The authority granted by the resolve to convey the property is 
repealed 5 years from the effective date of the resolve.