[Adopted 4-4-2002 ATM by Art. 26]
[Amended 11-5-2018 RTM
by Art. 17]
There shall be a permanent Building Committee
consisting of nine members who shall be residents of the Town, and
who shall be appointed by the Town Council for a term of three years
each. The terms of such members shall be staggered so that three members
shall be appointed each year. To the extent possible, the Town Councilors
shall appoint six members who have experience in architecture, engineering,
public/commercial building construction, law and/or finance. The Town
Councilors shall appoint the original members of the Committee as
follows: three members for one year, three members for two years and
three members for three years. Upon expiration of a term, future appointments
shall be for three years. The Permanent Building Committee shall,
at its first meeting each year after the Town Councilors have exercised
their power of appointment, organize by choosing a Chairperson, who
shall conduct the meetings of the said Committee, and a Secretary,
who shall cause the minutes of such meetings to be kept. Terms expire
on December 31 of each year. A member may hold his or her seat after
his or her term expires until a successor is appointed. If a member
vacates his or her seat before the expiration of his or her term,
the Town Councilors shall appoint a replacement to complete the unexpired
term.
It shall be the responsibility of the Permanent
Building Committee to oversee all projects for design, construction,
reconstruction, renovation, alteration or enlargement of any building
owned by the Town, or undertaken on land owned or leased by the Town,
with an expected project and/or construction value of $100,000 or
more. The Permanent Building Committee shall have the sole authority
to procure engineering and architectural services, to award bids for
construction, to enter into contracts on behalf of the Town with respect
to matters within its authority and to administer such contracts in
accordance with applicable law. Whenever land acquisition is or may
be necessary for any project within its authority, the Permanent Building
Committee shall study such proposed acquisition and report to Town
Meeting thereon. Town Meeting may expand or limit the powers and responsibilities
of the Permanent Building Committee with respect to specific projects.
[Amended 4-29-2019 ATM by Art. 24]
Whenever the Town undertakes a building project
that comes within the jurisdiction of the Permanent Building Committee,
an advisory committee shall be appointed for the purpose of advising
the Permanent Building Committee concerning such project. The advisory
committee shall prepare and make presentations to the Permanent Building
Committee concerning such matters as the advisory committee deems
appropriate which are relevant to the building project in connection
with which such advisory committee was created, including, without
limitation, the development of program needs, preparation and review
of feasibility studies, assessment of conditions, evaluation of bids
and proposals, negotiation and administration of contracts, and evaluation
of contractors. Each advisory committee shall be appointed by the
applicable user agency, as that term is defined herein, and shall
consist of not more than 25 persons. Whenever the Permanent Building
Committee lists a particular building project on its meeting agenda,
it shall invite the advisory committee that was created in connection
with that project to attend such meeting, and may also invite such
other public bodies as it may deem appropriate, including the Board
of Health and the Commission on Disability Issues. "User agency,"
as used herein with respect to any particular building project, shall
mean an elected or appointed multiple member body, including without
limitation the Town Council, School Committee, Board of Library Trustees,
Recreation Commission, and Conservation Commission, having permanent
responsibility for such building.
The Committee shall develop and publish procedures
describing its activities to include but not limited to a detailed
designer selection process. Except as the laws of the Commonwealth
may require otherwise, the Chairperson of the Committee, or his or
her designated representative, shall upon completion of a project:
(1) provide the Town Building Inspector, User Agency and the Town's
Building Manager with a complete and final set of drawings and specifications
of the finished structure as built, and all other contract documents,
and shall relinquish to the User Agency and said Building Manager
all papers guaranteeing the building or any feature thereof, materials
used therein, or work done thereon, and (2) relinquish the remaining
papers of the Committee to the Town Clerk for the purpose of maintaining
detailed records, including an inventory indicating what papers, materials
and records were deposited with the Building Manager. Subject to the
approval of the Town Clerk and the requirements of MGL Chapter 66,
any portions of the material that have no substantial value may be
destroyed. The Committee shall submit a report of all its activities
for publication in the Town's Annual Report and shall render progress
and completion reports as appropriate to the Annual Town Meeting.
Except as otherwise provided by vote of the
Town Meeting, the Permanent Building Committee shall assume the responsibility
for any project currently under consideration or being constructed
at the time of the adoption of this bylaw.
