[Adopted 5-14-2018 ATM by Art. 20]
The purpose of this bylaw is to provide a Permanent Building
Committee having continuing responsibility for the execution of major
construction and maintenance projects for the Town and for the development
of a capital spending plan. Working with the Board of Selectmen, School
Committee, Historical Commission, Planning Board and other Town committees
and boards that propose building and renovation projects, the Permanent
Building Committee shall establish general criteria for Town building
projects and guidelines for communication regarding these projects
between and among interested committees and the public.
There is hereby established a Permanent Building Committee which
shall oversee and supervise the design, construction, reconstruction,
major alteration, renovation, enlargement, major maintenance, demolition,
and removal of Town buildings, including School Department buildings,
and including any significant installation, renovation, or upgrade
of service equipment and major systems as provided in this bylaw.
For purposes of this bylaw, the following definitions shall
apply:
Shall include excavation, filling, and grading of the building
or project site.
Includes selection of architects and consultants as needed
in compliance with applicable provisions of the General Laws.
Shall not include routine maintenance and upkeep of a building
or other structure, or its service equipment and major systems, which
is performed on a regular basis; and shall include projects that are
capital in nature, that is, having a useful life of five or more years
and an estimated cost of more than $25,000, or such higher amount
as may be established from time to time by the Town Manager, subject
to approval by the Board of Selectmen and School Committee.
The Town of Norton appointed or elected board, committee
or officer sponsoring or requesting a construction or major maintenance
project, or in the case of major maintenance initiated by the Permanent
Building Committee itself, the board, committee or officials whose
facility would be the subject of the project. The proposing body shall
be responsible for:
Determination of the program for the proposed project, including
the function and needs which it is designed to fulfill, expanded services,
auxiliary public use if any, additional personnel required to maintain
the facility, annual maintenance costs, expected hours of the facility's
availability, and overall effect on the Town.
Recommending performance or procurement of feasibility studies
for determination of the estimated size and cost requirements of the
project.
Determination of the estimated requirements for equipment and
furnishings.
Approval of transitional building plans, including health and
safety protocols for maintaining the underlying service associated
with the facility while construction takes place.
Approval of any design change or budget reprioritization having
a material impact, as determined by the proposing body, on the programmatic
design, transitional building plans, or outcome of the project.
Shall include boilers, elevators, generators, HVAC systems,
septic systems, fire alarms, overhead doors, automatic handicapped
access doors, major electrical service, including wiring and fixtures,
major plumbing service, including piping and sanitation fixtures,
building skin (roofs, gutters, masonry, windows, exterior paint, etc.).
It shall not include information system technology (computers and
computer systems).
A.
Regular
members. The Permanent Building Committee shall consist of five regular
voting members, all serving without compensation. The composition
of the Committee shall include, to the extent possible, one registered
architect, one licensed engineer, one licensed builder and one attorney.
All regular members shall be residents of the Town of Norton. All
regular members shall be appointed by the Board of Selectmen and School
Committee acting jointly in accordance with a selection process that
includes public solicitation of interested persons. Any interviews
of applicants shall be conducted in open session during a joint meeting
of the Board of Selectmen and School Committee. Provided that a quorum
of each body is present, the appointment shall be made by majority
vote of those present, provided the majority contains at least one
member of each of the Board of Selectmen and School Committee.
B.
Temporary
members. For each non-school project, a temporary member who is a
member or representative of the proposing body shall be appointed
by the Board of Selectmen. For each school project, a temporary member
shall be appointed by the School Committee. A temporary member shall
have the right to vote only with respect to the particular project
for which such member was appointed.
C.
Ex officio
members. For each project, the Permanent Building Committee may request
the appointment of staff or other Town residents with particular expertise
to advise the Committee. Any such request shall be made to the Town
Manager; provided, however, that with respect to School Department
personnel, such request shall be made to the Superintendent of Schools.
The Town Manager and Superintendent shall determine the appropriate
staff member in each case. Ex officio members shall have a voice but
not a vote on matters before the Committee.
D.
Term of
appointment.
(1)
Regular
members shall be appointed for alternating three-year terms, and shall
serve until a successor has been appointed and qualified. A vacancy
shall be filled for the remainder of the unexpired term.
(2)
Temporary
members shall be appointed to the Committee for the period of time
during which the Committee is exercising its functions with respect
to the project for which they were appointed.
A.
The Committee
shall have the following powers and duties:
(1)
Oversee
and supervise the design and construction of all projects within its
jurisdiction, including the designer selection process for the solicitation,
evaluation and recommendation of a project designer, schematic design,
design development, production of construction documents, public construction
bidding, contract award recommendation and construction administration
in compliance with the General Laws. All projects shall be developed
in a manner consistent with the project goals and physical requirements
established by the proposing body and the applicable provisions of
the General Laws.
(2)
Review
and report to the proposing body the financial requirements of all
projects within its jurisdiction, or for which it may become responsible,
and oversee the expenditure of funds in the course of execution of
such projects.
(3)
Conduct
a periodic review and audit of the physical condition of all Town
buildings, including service equipment and major systems.
(4)
Developing
a rolling ten-year property management plan for the major maintenance,
construction, enlargement, or replacement of all Town buildings, including
service equipment and major systems.
(5)
On
or about November 15 of each year, present to the Board of Selectmen,
the School Committee, and the Capital Improvements Committee a recommendation
of major construction and/or maintenance project(s) to be undertaken
by the Town in the ensuing fiscal year.
B.
The Committee
shall act by majority vote of those present and voting, provided that
a quorum is present. Temporary members shall be counted for purposes
of determining the presence of a quorum.
C.
Unless
otherwise requested by a proposing body, the Committee shall have
no duties and responsibilities in connection with projects for which
design or construction funding has been appropriated prior to the
adoption of this bylaw.
D.
The Committee
may, subject to agreement with a proposing body, waive its duties
and responsibilities under this bylaw with respect to any project;
and in such case, the proposing body shall have the authority of the
Permanent Building Committee with respect to the project.
A.
The Committee
shall adopt local designer selection procedures consistent with applicable
provisions of MGL c. 7C.
B.
The Committee
may, consistent with the requirements of the Town Charter and bylaws,
adopt policies and procedures for implementing the provisions of this
bylaw.
C.
The Town
Manager shall, subject to appropriation, provide appropriate staff
support for the Committee.
