Permanent Building Committee By-law

Article XXII Permanent Building Committee
Section 1: Purpose
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 which propose building and renovation projects, the Permanent Building Committee establishes general criteria for Town building projects and guidelines for communication regarding these projects between and among interested committees and the public.

Section 2: Establishment
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 municipal buildings, and including any significant installation, renovation or upgrade of service equipment and major systems as provided in this bylaw.

Section 3: Definitions

For purposes of this Bylaw, the following definitions shall apply:

1) “Major maintenance” shall not include routine maintenance and upkeep of a building or other structure, or its service equipment, which is performed on a regular basis and shall include projects that are capital in nature, that is, having a useful life of 5 or more years and an estimated cost of more than $25,000, or such other amount as may be established from time to time by the Town Manager subject to approval by the Board of Selectmen and School Committee, in writing addressed to the Committee.

2) “Construction” and “Demolition” shall include excavation, filling and grading of the building or project site.

3) “Service equipment and major systems” 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).

4) “Design” includes selection of architects and consultants as needed in compliance with applicable provisions of the General Laws.

5) “Municipal” shall refer to public buildings that are not under the jurisdiction of the School Department.

6) “Proposing Body” means the Town of Weston appointed or elected board or committee 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 or committee whose facility would be the recipient thereof. The Proposing Body is responsible for:
a) 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.

b) Performance of feasibility studies and determination of the estimated size and cost requirements of the project.

c) Determination of the estimated requirements for equipment and furnishings.

d) Approval of transitional building plans, including health and safety protocols for maintaining the underlying service associated with the facility while construction takes place.

e) 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.

Section 4: Membership
1) Regular Members. The Permanent Building Committee shall consist of 5 (5) regular voting members, all serving without compensation. The composition of the Committee shall include, to the extent possible, 1 registered architect, 1 licensed engineer, 1 licensed builder and 1 attorney. All regular members shall be residents of the Town of Weston. All regular members shall be appointed by the Board of Selectmen and School Committee acting jointly in accordance with the following procedures:
a) An advertisement shall be published in a newspaper having local circulation and on the Town’s website inviting interested residents to submit letters of interest, including a resume setting out their professional credentials and relevant experience. The newspaper advertisement shall be published at least once not less than 2 weeks prior to the deadline stated therein for submission of responses stated. The website notice shall be posted and remain posted for at least 2 weeks prior to the deadline for submission. Letters of interest shall be submitted to the office of the Town Manager.

b) Interviews of candidates shall be conducted in an open meeting of the Board of Selectmen and School Committee convened in joint session.

c) Appointment shall be made by majority vote of the combined membership of the Board of Selectmen and School Committee.
2) Temporary Members. For each municipal 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 a School Committee member or designee. Temporary members shall have the right to vote on the activities of the Permanent Building Committee only with respect to the particular project for which such member was appointed.

3) Ex Officio Members. For each project, the Permanent Building Committee may appoint staff or other Town residents with particular expertise to advise the Committee related to that project. The Permanent Building Committee may also request the designation of Town staff with similar expertise to serve in an advisory capacity for a particular project. Any such request shall be made to the Town Manager for Town employees other than School Department personnel, and to the Superintendent for School Department personnel. The Town Manager and Superintendent shall determine the appropriate staff member in each case. Ex Officio members shall have no voting authority.

4) Term of Appointment.
a) Regular members shall be appointed for a 3 (3) year term. In making the original appointments under this bylaw, the appointing authority shall designate 2 regular members to serve for 3 years, 2 regular members to serve for 2 years and 1 regular member to serve for 1 year. Thereafter, vacancies shall be filled for a 3 year term. Upon expiration of a term, members shall continue to serve until a successor has been appointed and qualified.

b) 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 the original appointment was made.

Section 5: Powers & Duties of the Committee
In carrying out its duties and responsibilities under this Bylaw, the Committee shall:

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. All solicitations for designer services and invitations for bids for construction shall be coordinated with the Town Manager, acting as the Chief Procurement Officer, to assure compliance with the applicable provisions of the General Laws. The Town Manager shall award and execute all designer services contracts and construction contracts.

2) Coordinate with other Town boards and committees:
  1. In consultation with the Planning Board, oversee site planning for new construction and additions; such planning to include building location, roadways, parking, lighting, and general landscape design concepts.
  2. In consultation with the Public Spaces Committee, oversee plant selection, cost, and installation of landscaping for new, enlarged, or renovated building projects within its jurisdiction.
  3. In consultation with the Historical Commission, oversee enlargement, remodeling and/or restoration of Town-owned historic property to insure that work is done in compliance with the Secretary of the Interior’s Standards and Guidelines for Historic Preservation.
3) Review and report 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.

4) Conduct periodic review and audit of the physical condition of all municipal and school buildings, including service equipment and major systems.

5) Develop a rolling 10-year capital property management plan for the major maintenance, construction, enlargement, or replacement of all municipal and school buildings, including service equipment and major systems.

6) On or about November 15 of each calendar year, prepare and present to the Board of Selectmen and to the School Committee a recommendation of major construction and/or maintenance project(s) to be undertaken by the Town in the ensuing fiscal year.

7) Make an annual report of its activities and recommendations to be published in the Annual Town Report.

8) The Committee shall act by majority of the regular membership except for those projects for which a temporary member has been appointed, in which case, action on such project shall be by a majority of the regular membership plus the temporary member.

9) The Committee shall, subject to agreement by the Proposing Body, waive its duties and responsibilities and relinquish them to the Proposing Body in connection with projects for which design funding had been approved at Town Meeting prior to the adoption of this Bylaw.

10) The Committee may, subject to agreement by the Proposing Body, waive its duties and responsibilities with respect to any project for which it would otherwise be responsible and relinquish them to the Proposing Body.

Section 6: Policies and Procedures

1) The Committee shall adopt local designer selection procedures consistent with the requirements of G. L. c. 7, §38A½ - 38O.

2) The Committee shall in consultation with the Board of Selectmen and School Committee adopt and make available to all boards, officers, and officials policies and procedures implementing the provisions of this Article. Said policies and procedures shall address at least the following subjects:
a) Financial requirements and notification for each project within its jurisdiction, including the time period(s) within which information must be available for presentation to the voters at Town Meeting, if necessary.

b) General criteria the Committee will use in reviewing project designs, including but not limited to “green” considerations such as energy conservation.

c) Guidelines to be utilized by Proposing Bodies in developing the structure and content of project documentation to be utilized by the Committee in carrying out its responsibilities under this Bylaw.

d) Guidelines for the review and discussion of project progress with the Proposing Body during the design and construction thereof.
e) Guidelines for communication with Town boards and committees, including the Finance Committee, in connection with the Committee’s periodic review and audit of building facilities.

f) Guidelines for presentation of projects at Town Meeting, including designation of responsibilities as between the Committee and the Proposing Body.

3) Staff support for the Committee shall be provided by the Director of Facilities.

Adopted at Annual Town Meeting - May 8, 2006