HomeMy WebLinkAbout2019-11-12 BOS Packet - Released SELECTMEN'S MEETING
Tuesday, November 12, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
6:00 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Review Ad Hoc Crematory Study Committee Final Report 6:00 p.m.
2. Approve MW RA Sewer Bond 6:30 p.m.
3. Approve P lac ement of Sign at Camellia Place 6:40 p.m.
4. Review Town Manager Performance Evaluation Template and Goals Process 6:5 0 p.m.
5. 2019 Special Town Meeting-Article Positions/Discussion 7:05 p.m.
ADJOURN
1. Anticipated Adjournment 7:10 p.m.
A Board of Selectmen meeting will be held on Wednesday, November 13, 2019 at 6:30 p.m. in the
Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LezVfeilads
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Ad Hoc Crematory Study Committee Final Report
PRESENTER: ITEM
NUMBER:
S uzie Barry,Ad Hoc Crematory
Study Committee Chair I.1
SUMMARY:
S uzie Barry will provide a brief summary of the Ad Hoc Crematory Study Committee's Final Report to the
Board of Selectmen for review and discussion.
SUGGESTED MOTION:
Move to accept the report of the Ad Hoc Crematory Study Committee.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/12/2019 6:00 p.m.
ATTACHMENTS:
Description Type
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
AD Hoc CREMATORY STUDY COMMITTEE
TOWN OF LEXINGTON
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November 12, 2019
Votino,Members: Liaisons:
• Narain Bhatia, Town Meeting Member • Sandy Beebee, Capital Expenditures
• Judith Crocker, Town Meeting Member Committee
• Sara Iverson, Community Member • Sanjay Padaki, Appropriation Committee
• Bridger McGaw, Town Meeting Member
• George Burnell, Economic Development Staff Support:
Advisory Committee • David Pinsonneault, Director of Public
• Msgr. Paul Garrity, Lexington Interfaith Works
Clergy Association (LICA) • Carolyn Kosnoff, Assistant Town
• John Flynn, Board of Health Manager for Finance
Non-voting, Chair:
• Suzanne E. Barry, Board of Selectmen
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Table of Contents
Executive Summary Page 2
Selectmen's Charge to the Ad Hoc Crematory Study Committee Page 3
Additional Research Page 4
Use of the Cemetery Perpetual Trust Page 4
Municipal Engagement— Survey of Cities & Towns Page 5
Funeral Directors Page 6
Demand Page 6
Market Sectors Page 6
Major Risks Page 7
Summary Page 7
Pricing of Crematory Services Page 7
Operational Assessment Page 8
Minority Statement Page 9
Appendices:
Appendix A: Perpetual Care Letter Page 10
Appendix B: Municipal Crematory Study Page 11
Appendix C: Operation Cost Estimates Page 15
Appendix D: 10/20 Year Bonded Models Page 16
Appendix E: Primary and Secondary Funeral Home Market
Area Report Page 17
Appendix F: Lexington Interfaith Clergy Association (LICA)
Letter Page 19
Appendix G: Ad Hoc Crematory Study Committee Interim
To 2019 Annual Town Meeting Page 20
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AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Executive Summary
In September 2018, the Ad Hoc Crematory Study Committee was formed by the Board of Selectmen
(BOS) and charged with making one of the following recommendations regarding a potential
Crematory at Westview Cemetery:
1. Build a crematory adjacent to/connected to proposed new Westview Building.
2. Build a crematory on another location on the Westview property.
3. Do not build a crematory at this time.
Given the correlation between the ongoing work of the study committee and two Articles on the 2019
Annual Town Meeting Warrant (Article 6 and Article 209), the Ad Hoc Crematory Study Committee
agreed to publish an Interim Report for the 2019 Annual Town Meeting.
In order to meet the ad hoc committee charge, the Committee's continued work has included an
operational and feasibility analysis; exploration of various business models; numerous interviews; a
Massachusetts municipality survey; further review of public comments; and conferring with Town
Counsel, DPW, and Town Finance on Town financial implications. This additional information as well
as the Interim Report to the 2019 Annual Town Meeting can be found in the attached appendices.
In an effort of being respectful of all Lexington residents, the Committee feels that the needs of the
community can be currently served without constructing a crematorium at the Westview Cemetery. In
making its recommendation, the Committee reflected on a range of variables, including:
• The capacity of Town services
• Existing crematory options available within a reasonable travel distance
• The logistics and expense of operating such a facility
• The sensitivities and aspirations of the Lexington Interfaith Community(Appendix F)
• The current lack of interest in the development of a regional crematorium
• The adaptation of design efficiencies that make the new Westview building "addition ready"
The Committee is sensitive that not all end-of-life religious observances can presently be performed in
our community. However, given the lack of a predictable quantity of clients needed to financially
break even in combination with the stringency of current state regulations, a crematory operation is not
felt to be a feasible operational addition to the Town at this time. This matter may be revisited if state
regulatory practices regarding crematoriums are relaxed, local demand increases, or other significant
changes to factors studied by this Committee occur.
Final Recommendation voted on August 20, 2019:
With a deep sensitivity to the delicate nature of the Committee's charge,
the Committee voted 5-1 (with one member absent)
NOT to support building a crematory at this time.
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AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Selectmen's Charge to the Ad Hoc Crematory Study Committee
Charge adopted by the Board of Selectmen on September 17, 2018. Committee members designated as
Special Municipal Employees by the Board of Selectmen on October 29, 2018. Charge amended by the
Board Selectmen on May 20, 2019 to update the date of the Deliverables.
Members: The Ad Hoc Crematory Study Committee will have seven (7) voting members and (1)
member from the Board of Selectmen who will act as anon-voting Chairperson. Membership
shall include:
• 4 - Town Meeting/Community Representatives
• 1 - Lexington Interfaith Clergy Association member(LICA)
• 1 - Board of Health member
• 1 - Economic Development Advisory Committee Member
Liaisons: While not part of the Committee, the following committees are invited to recommend a
non-voting liaison:
• Capital Expenditures Committee
• Appropriation Committee
Staff Support: Director of Public Works will act as a liaison to this committee.
Appointed by: Board of Selectmen.
Length of Term: Upon completion of all recommendations to the Board of Selectmen in accordance
with the established deliverables schedule as outlined below.
Meeting Times: As determined by the Committee. A minimum of one meeting for the purpose of
soliciting public comment, shall be required.
Committee Goal: To examine public health, public safety, public works, operational, financial, and
quality of life issues associated with locating a crematory at Westview Cemetery and meeting the
needs of deceased Lexington residents and their families. To assess the following options and provide
the Selectmen with recommendations on:
1. Building a crematory adjacent to or connected to the proposed new Westview Cemetery
Building.
2. Building a crematory on another location on the Westview Cemetery property.
3. Not building a crematory at this time.
Committee Role: The Ad Hoc Crematory Study Committee's study will include but not be limited to
the following:
1)Review of Applicable Legislation:
a. Review of the applicable sections of Massachusetts General Laws c.114 (Cemeteries
and Burials). Review of Massachusetts Department of Environmental Protection
regulations regarding Crematories.
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AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
2)Evaluation of needs:
a. Review of availability of crematory services for residents and project future cremation
needs.
b. Study the economics of death rates for the area.
c. Consider public and private competition in the region and other communities that may
be engaged in the crematory planning process.
3) Other Crematories:
a. Review of other crematories proposed, established and managed by municipalities in
Massachusetts.
b. Review of common practices and pricing.
c. Review of operational costs and perform modeling to include: various sales price and
numbers of cremations per year.
4)Building Options:
a. Review siting options at Westview Cemetery.
b. Review parking and gathering space needs.
c. Estimate the cost to build at siting options presented including size.
5) Operational Feasibility:
a. Review estimated annual operating costs, equipment costs, labor costs (including
possible outsourcing labor costs) and a program budget.
b. Review estimated Capital replacement costs and timeline of such.
c. Explore regional grant opportunities that maybe applied for.
6)Environment:
a. Review of independent research on the health, environmental, and safety risks
associated with the operation of a crematory.
b. Review options for using alternative energy sources to reduce the environmental
impacts.
Deliverables: Present a progress report to the Board of Selectmen once per month from May 2019
until completion of report with a report of recommendations addressed to Board of Selectmen on the
feasibility of a Crematory at Westview Cemetery.
Additional Research
Following the preparation of the Interim Report for 2019 Annual Town Meeting, the Committee
conducted additional research and analysis in a few areas as laid down in the Interim Report's Section
"Next Steps."
Use of the Cemetery Perpetual Trust
The Town of Lexington has four primary accounts for funds related to Cemetery sales and operations:
1) Cemetery Sale of Lots Fund; 2) Cemetery Perpetual Care Trust Fund; 3) Sale of Grave Boxes
revolving fund and 4) a General Fund account for cemetery operations. The Committee reviewed
these accounts for fund balances and revenues that would be available to build a crematory and support
operations.
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Westview Cemetery generates revenue through the sale of graves, performing burials, and from the
sale of grave boxes and supplies. When a grave is sold, 45% of the revenue is directed to the Sale of
Cemetery Lots Fund, and the other 55% is transferred to the Cemetery Perpetual Care
Trust Fund. Revenue and fund balance of the Sale of Cemetery Lots Fund is available for cemetery
land purchases, capital projects and improvements that could include a crematory. The balance of this
fund is approximately $650K as of June 30, 2019 and it has been proposed that this fund support the
construction of a new maintenance building at Westview Cemetery.
The Cemetery Perpetual Care Trust Fund is managed by Trustees of the Public Trust and is not an
available funding source for the construction of a crematory (see Appendix A - letter from
Trustees). The Town's Perpetual Care Trust Fund was established by the Commonwealth of
Massachusetts Acts of 1910, "for the care and preservation of cemetery lots," to ensure these plots are
maintained in perpetuity. The Town goes further to define the care of lots in the Rules and
Regulations of Westview Cemetery to include "the cutting and watering of the grass at reasonable
intervals, the raking and cleaning of the grounds, the pruning of shrubs and trees that may be placed by
the cemetery, burials and disinterment, and the required filing and record keeping of documents." The
Trust has a balance of approximately $3.5M as of June 30, 2019, and this principal balance is invested
by the Trustees. Only the interest earned on the Trust is transferred annually to the Town's General
Fund to contribute to salaries and expenses associated with maintaining the Town's cemeteries.
The Sale of Grave boxes is a revolving fund, or pass-through account that allows customers to
purchase grave boxes from the Town for burials being performed at the Cemetery. All other fees for
burials and supplies are deposited to the Town's General Fund which is dictated by Massachusetts
General Law. These fees cover most, but not all, of cemetery operations, including salaries and
expenses such as utilities and equipment. The tax levy covers the remaining amount of
the cemetery budget that is not supported by fees or by interest from the Perpetual Care Trust Fund.
Municipal Engagement—Survey of Cities & Towns
Throughout this assignment, the Committee remained hopeful that a partnership with neighboring
communities may be something that other municipal leaders could have been individually considering,
but never directly asked. So we asked. We researched if there were grants we could apply for and
found none. The Committee designed a survey and, at the behest of the Committee, the Town Manager
distributed the survey electronically to 107 cities and towns within Route 495. The survey had 40
responses from 39 communities, including the eight municipalities abutting Lexington. The Survey
Results (Appendix B) were telling. Those results showed that no cities or towns were interested in
taking this on as a Municipal Service. Those towns we knew had explored the idea were not interested
in a partnership with Lexington or any other towns. The Committee acknowledges that while a
partnership with surrounding towns would be ideal for creating utilization and shared capital and
operating costs, no community expressed interest.
The following survey questions responses (Appendix B) definitively illustrate the lack of interest in
partnering or constructing a crematory.
• Does your community currently own and operate a municipal cemetery? Only Duxbury and
Plymouth
• If your community DOES NOT currently own and operate a municipal crematory, has your
community ever considered owning and operating crematory? 95%No
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• If your community HAS considered owning and operating a municipal crematory but it didn't
move forward, please explain why. Town of Littleton decided not to fund a feasibility study
citing proposal was voted down by Town Meeting (2010) and concerns of immediate abutters
regarding health impact (2017)
• Has your community ever considered being a member of a regional municipal crematory? all
thirty-nine towns that responded stated"No".
The Committee felt that there is a scenario where the construction and/or operations of a crematory at
Westview Cemetery could be outsourced to a private sector operator. Upon review of this type of
partnership with Town Counsel, we were told that this would not be feasible.
Funeral Directors
Demand
For this report, twenty funeral homes were identified as the primary service area and thirteen
as the secondary area. In no case was there an unmet family need and all funeral homes had
warm relations with their providers. Although there is a potential crematorium market, it is
acknowledged by funeral directors and crematory operators that it is difficult to establish and
build an economically sustainable cremation volume. This would be a demanding task
requiring absolute security, flawless performance, 10-14 hour daily access over 6-7 days/week,
and experienced professionals who remain in place for years with fully trained and qualified
assistants.
Witnessing a cremation is a practice by the Hindu, Buddhist, Jain, and Sikh religions where
they activate the flame and observe the incineration. Our data indicates that there were four
such requests during 2018 in Lexington. Located eleven miles from Lexington, Mount Auburn
Crematory in Cambridge is the closest facility, although all provide these services.
Market Sectors
The frequency of families seeking cremation is increasing in Massachusetts and across the
country. According to Massachusetts law, regardless of where one dies, it is required that a
funeral director collect and hold the body for 48 hours for the Medical Examiner before it can
be cremated. Under usual circumstances, the disposition of the body must be under the control
of a licensed funeral director and as such, is the prime person to determine where the
cremation will take place.
Fifteen of the twenty funeral homes in the identified primary area and nine of the thirteen in
the secondary area are located northwest of Lexington. The primary crematories utilize a
chapel/reception hall and meditation garden. They are the Mount Auburn, Cambridge; Newton
Crematory, Newton; St. Michaels, Boston; Puritan Lawn, Peabody; and Merrimack, New
Hampshire.
Qualifying factors for funeral directors when deciding where to do business include security
and service. Distance from the funeral home to the crematory does not appear to be a
determining factor in which a crematorium is favored. For example, Duxbury collects some of
its bodies at a terminal in Boston for a combined shipment. Service is a prime factor, including
a turnaround time to deliver a body 12 hours per day/seven days per week. However, the most
important determinant when choosing which crematorium a funeral home utilizes is the
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appropriate security of the body, meaning that the correct remains are returned. The funeral
business is both price sensitive and competitive. In addition, most funeral homes are a
generational family business. Unless a major event occurs, funeral homes and crematoriums
have developed close working relationships that are maintained over time.
In all cases, it is the deceased's family that decides what services will be used for their
departed at any given instance. The funeral directors made a consistent recommendation that if
Lexington were to open a crematory, it should include a reception hall to accommodate 100 or
more persons. They expressed that having a "witnessing" area alone would not result in
Lexington being able to charge the premium rate for service.
The Mount Auburn Crematory is generally recognized among regional funeral directors as
being the finest, followed by Newton. The most referenced facility for service is Merrimack.
The facility most often referred as an example for what Lexington is exploring to build are
Puritan Lawn in Peabody and Linwood in Haverhill. In addition to including a hall or chapel,
many funeral directors suggested that the proposed facility would also require a meditation
garden, sizable parking lot, and a double roadway.
Major Risks
Green burials are just beginning to gain favor. Lexington approved the use of green burials at
Westview Cemetery in May of 2019. Whatever acceptance they gain may come at the expense
of any projected cremations.
It is expected that forty percent of funeral homes nationwide have or will have a crematory.
There is active lobbying to allow Massachusetts funeral homes to operate crematoriums in
their facility as they do in New Hampshire and forty-three other states.
Summary
The discussions with the identified funeral directors fell into two categories; they either had
deep relationships with their crematory and could not envision changing or they had modest
interest and were open to a new partial relationship developing over time provided the effort of
Lexington's new facility was spotless.
Pricing of Crematory Services
Nine crematories were contacted and the staff was interviewed. All of the crematories provided an
option for the family to view the cremation and to participate if desired. Some crematories had nicer
viewing areas than others, but all of them provided the option for the family to participate.
Each crematory was asked about the cost to the consumer. The price for cremation ranged from a high
value of$525 at Puritan Lawn Cemetery and Crematory in Peabody to a low of$250 at several other
locations. The average cost is $358. None of the crematories were operating at capacity and according
to one manager, " They were in a price race to the bottom."
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Operational Assessment
It is important to keep in mind that Massachusetts is one of only six states that still require crematories
to be sited within a cemetery. All other states allow crematories to be located in a variety of
commercial zones. Should that policy be changed by the State Legislature, it is possible that additional
crematories could be constructed by the private sector or funeral homes. Our analysis assumes that the
current policy remains in effect. Our engagement of state legislators suggests that no plans are
underway to make any changes to current policy.
While the Interim Report explored the costs and assumptions for scoping the design and construction
of a crematory at Westview Cemetery, the Committee wanted to provide a fuller accounting of the
operational costs of adding cremation as a Town funded service. In the course of studying crematory
operations, Town Officials visited crematories in Duxbury in July of 2018 and visited Mount Auburn
Crematory in Cambridge in late 2018. Further research of the best in class equipment was identified
from Matthews Crematory Equipment (https://www.matthewscremation.com/us/) in consultation with
their sales executives. The Committee reviewed assumptions and recommendations from our Interim
Report, recommendations from current crematory operators, as well as questions arising from Town
Meeting members and put together an assessment of the operational costs of constructing and
operating a crematory at Westview.
Crematory design and construction does not seem to be an overly specialized field. While the
equipment installed and utilized has a specialized purpose, design review showed that based on the
scale of the operations undertaken by the crematory operator, all designs for crematories included
similar functions and the sizes of the spaces fluctuated based on the number of retorts installed. If we
installed 1-2 retorts then we would need:
• (1)Administrative Workstation for managing the business
• A waiting area for 4-6 people to sit and wait comfortably
• A gender-neutral bathroom (shared by staff and guests)
• A Kitchenette
• A Viewing area to see the ignition process for 10-25 people
• Mechanical/Electric Room
• Record Storage
We reviewed the operational costs of a crematory facility under a conservative analysis drawing upon
existing staffing models, energy utilization (electric & natural gas), as well as depreciation for similar
crematories utilizing similar equipment. Our analysis concluded that the crematory would have 1.5
FTE (1 Operator and .5 Administrative Support) with an additional DPW staff member trained and
certified on the equipment to cover for vacations/sick time. These costs amounted to $305,296/year.
Based on our research (Appendix C), the total capital equipment costs for outfitting the crematory,
assuming a 25% contingency, totaled $564,918.75. Using the estimate for square footage needed for 2
retorts, viewing room and supporting, but mutually-utilized spaces within the footprint of the
Westview Cemetery Operations Building, this added an additional $564,300 for construction costs
using the established $342/sq ft+25% contingency that the Town had received from its project
estimator in early 2019. The Department of Public Works continues to carry an estimate for $200,000
for adding a required gas line to the Westview site. While the capital costs (equipment and
construction) total $1,329,218.75, they do not include the additional "shared costs" for
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bathrooms, viewing room, and administrative space that would be needed if the crematory were not co-
located with the Westview Cemetery Operations. Those additional costs would push the construction
of this space significantly higher using today's construction cost estimates.
The Committee agreed that the cost effectiveness of considering a crematory was predicated on co-
location with the Cemetery Operations Building as laid out in our Interim Report. The Committee
recognizes it was not our charge to further assess the Westview Cemetery Operations Building design.
However, we did agree that constructing a standalone crematory was not an effective use of taxpayer
funds specifically because both the Cemetery Operations Building and Crematory identified
overlapping and mutually supporting physical plant requirements that would not diminish either
function.
Our revenue model also was conservative noting that we would need to enter the market and that there
is a long ramp up to taking on the volume of cases necessary to compete. Even when choosing a price
point that is competitive with nearby crematories, this service does not cover its costs for 8-10 years
and still carries a substantial capital loss. As shown in Appendix D, the 10 and 20 year
bonded projects both result in significant losses of $1.7M and $1.04M respectively after 10 years of
operations.
Thus, we recommend that creating a crematory at the Westview site is a costly endeavor. The
Committee was very conservative in our analysis noting that while demographic trends of cremation
were increasing nationally, in Massachusetts, there are already established crematories with established
partnerships with local funeral directors that dominate the request for services. When combining the
operational costs, the challenge of breaking into the market, along with the inability to create a public
private partnership or local town collaborative to make construction and operation more manageable,
our recommendation is that the Town not pursue construction of a crematory at this time.
This Final Report was APPROVED
by the Ad Hoc Crematory Study Committee
by a Roll Call vote of 7-0 on October 28, 2019
Minority Statement
In the view of one member of the Ad Hoc Committee, the recommendation of the Committee does not
adequately address the needs of the residents of Lexington. The needs of deceased Lexington residents
and their families would be well served by the construction of a crematory at Westview Cemetery.
Additionally, this member disagrees with some assumptions contained in the Final Committee Report.
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Appendix A: Perpetual Care letter
TRUSTEES OF PUBLIC TRUSTS
Established 1910
y`
Alaii Fields,Chah-man
David Williams
Susan. cClements
An Overview of Perpetual Care Funds
Each time a cemetery plot is sold in the Town of Lexington a portion of the sale proceeds is
deposited with the Trustees of Public Trusts to be held in a"Perpetual Care Fund"to provide,as
the name suggests,for the care and preservation of the cemetery in perpetuity,
The 1910 Massachusetts law establishing the Trustees of Public Trusts specifically authorizes
the Trustees to"take,hold and manage"funds for the"care and preservation of cemetery
lots",directs that the funds should be invested in a conservative manner and that the income
from the funds should be paid over to the persons charged with the care and preservation of
the cemetery.(See Acts,1910--Chapter 107,Section 5).
The Town of Lexington(see Chapter 142,Section )provides that a percentage of all cemetery
plot purchase prices be deposited in the Perpetual Care Fund to be managed and invested by
the Trustees under the provisions of the 1910 Act referred to above.
The Perpetual Care Fund may be invested only in securities and instruments approved by the
Commonwealth and included from time to time on the"Legal List"of investments.
Not only must the Trustees abide by the terms of their appointment in the statute outlined
above,they also owe a fiduciary duty to invest,manage and administer the Perpetual Care
Fund in a prudent manner.The Perpetual Care Fund is Intended to last indefinitely.Invading
principal is not an option for the Trustees both by virtue of their fiduciary duties and by the
terms of the statute authorizing perpetual cage funds.
May 24,2019
Attention Board ofSelectman * 1625 Massachusetts Avenue * Lexington,Massachusetts 02420
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AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix B: Municipal Crematory Survey
The 10 question Municipal Crematory Study was sent electronically to 107 cities &towns
inside the Route 495 belt. We received 40 responses from 39 cities &towns including all 8 direct
abutters to Lexington. The Survey questions and responses are as follows:
1. Does your community currently own and operate a municipal crematory?
(Answered: 40)
• Yes: 3
• No: 37
(*it should be noted there are only 2 Municipal Crematories in the State of Massachusetts in the Town of
Duxbury and the Town of Plymouth and neither community responded to the survey)
2. If your community DOES own and operate a crematory,what year did it go operational?
(Answered: 9/Skipped: 31)
• Maybe 1600's
• 1861
• N/A (7)
3. If your community DOES NOT currently own and operate a municipal crematory, has
your community ever considered operating a municipal crematory?
(Answered: 37)
• Yes: 2 or 5.41%
• No: 35 or 94.5 9%
• Skipped: 3
4. If your community HAS considered owning and operating a municipal crematory but it
didn't move forward, please explain why:
(Answered: 9)
• A team of staff studied this about 10 years ago as a new identifiable revenue stream.
The idea didn't make it to the BOS. Perhaps a not in my backyard type of thing.
• N/A (6)
• Proposal voted down in 2010. 2017 Feasibility Study: Immediate abutters raised health
concerns; not satisfied with proof of no health impact. The Cemetery Commission
decided not to pursue further with the Town.
• Never Have.
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Appendix B: Municipal Crematory Survey (continued)
5. What is the name of the closest private crematory to your community and how far is it in
miles from your community? (listed by distance)
(Answered: 40)
• Don't know answer (8) Don't know answer
• Blue Hills & one other small cemetery in town
• Oteri Funeral in town
• Shawsheen Funeral Home/Bedford Funeral Home in town
• Tighe-Hamilton in town
• Fowler-Kennedy Funeral Home and Cremation 0 miles
• Walnut Grove Cemetery 0.1 miles
• Conte Funeral Home 0.2 miles
• Mount Auburn Crematory less than 1 mile
• Woodlawn 1 mile
• St. Patrick's Cemetery 2 miles
• Newton Cemetery 4 miles
• Arlington 5 miles
• Attleboro 5 miles
• Malden 5 miles
• Mount Auburn Crematory (2) 5 miles
• Forest Hills Crematory 5.3 miles
• Puritan Lawn Memorial Park 6 miles
• Mount Auburn Crematory 8 miles
• Puritan Lawn 8 miles
• Mackey Funeral Home 11 miles
• Angel View 12 miles
• Casper Funeral & Cremation Services 13 miles
• Worcester 15 miles
• Duxbury 17 miles
• Mount Auburn Crematory 19 miles
• Newton Cemetery under 20 miles
• Not sure 20 miles
• Linwood Cemetery and Crematory 20 miles
• Rural Cemetery and Crematory 20.2 miles
• Woodlawn Cemetery 21 miles
• Linwood Crematory& Driscoll Funeral Home Cremation 33 miles
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Appendix B: Municipal Crematory Survey (continued)
6. Has your community ever considered being a member of a regional municipal crematory?
(Answered: 40)
• Yes: 0
• No: 40
7. Any general comments?
(Comments: 19/Skipped: 21)
• Are schools, roads, utilities etc. not enough of a challenge?
• Closest ones to Scituate are Duxbury&Plymouth.
• Given cultural population demographics we thought it would be worth proposing.
• I have made the statement that we should not be in the business of cemeteries and
burials (that being said we are acquiring a historic private cemetery) but mainly when it
comes to any subsidizing of cemetery costs I remain adamantly opposed to it. We
believe that between cremation and eventually organic burials and human composting
(sounds crazy but just made legal in OR) the industry is going to change and we do not
want to get into the business. We also bring up the generational equity of cemetery
services constantly.
• Needham does not have a public cemetery so this issue has never come up.
• N/A (4)
• We contract with Angel View in Middleborough. For large road kill (deer) we have a
list of individuals to text to remove the carcass.
• While Boxborough has not previously considered being part of a regional municipal
crematory we would certainly embrace the possibility of joining such a regional
agreement. Clearly there is a demand for such services.
• None.
• You might want to go online and reach out to The Massachusetts Cemetery Association.
It is a great mix of Private and Municipal owned Cemeteries. Some run crematories:
Forest Hills, Jamaica Plain Boston, Linwood Haverhill to name a few.
• No (2).
• The Cemetery Commission views a crematory as a win-win; twice pursued Town
approval; proved no detriment to the Community. The number of cremations continues
increasing. Due to abutter concerns, it has not been pursued further. The number of
cremations continues to increase. The Town has built an outside niche in the cemetery.
• Not at this time.
• I do not see any reason a municipality would get involved in a crematory. This is a
tremendous responsibility and I do not see an economic advantage. I also think it is a
CRAZY IDEA!
• This service is adequately provided for by the private sector.
13
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix B: Municipal Crematory Survey (continued)
8, 9, 10 were questions related to name & title of person completing the survey, email, and the
community they were representing. Communities/Titles completing the survey were
(in alphabetical order)(Answered: 40)
• Town of Acton, Finance Director
• Town of Arlington,Town Manager
• Town of Bedford, Public Works Director
• Town of Belmont, Chair Board of Cemetery Commissioners
• Town of Boxborough, Town Administrator
• Town of Braintree,Public Works Director
• Town of Brookline, Cemetery Supervisor
• Town of Burlington, Town Administrator
• Town of Carlisle, Town Administrator
• City of Chelsea, City Manager
• Town of Cohasset, Town Manager
• Town of Concord, Deputy Town Manger
• Town of Danvers, Town Manager
• Town of Dedham, Interim Town Manager
• Town of Foxborough, Town Manager
• Town of Franklin,Town Administrator
• Town of Hamilton, Town Manager
• Town of Hopkinton, Town Manager
• Town of Hudson, Executive Assistant
• Town of Lincoln, Cemetery Agent&Town Clerk
• Town of Littleton,Town Administrator
• Town of Marlborough, DPW Commissioner
• Town of Maynard,Town Administrator
• Town of Middleton,Assistant Town Administrator
• Town of Needham, Town Manager
• Town of North Andover, Deputy Town Manager
• Town of Norwood,Town Manager
• Town of Rowley, Town Administrator
• Town of Salisbury,Town Manager
• Town of Scituate, Town Administrator
• Town of Stoneham, Director of Public Works
• Town of Wakefield, Town Administrator
• City of Waltham, Assistant Cemetery Superintendent
• City of Waltham, Assistant Director of Public Works
• Town of Watertown, Superintendent of Public Works
• Town of Weston, Director DPW
• Town of Whitman, Town Administrator
• Town of Winchester, Cemetery Coordinator
• Town of Wilmington Town Manager
• City of Woburn, Chairman Cemetery Commission
14
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix C: Operational Cost Estimates
1 THERM 100,000 BTUs
Conservative estimate of#of BTUs per retort uses in an hour 3,000,000.00
Hours Operation/day 8
5 year average cost of Natural Gas from DPW is$1.26/therm $1.26
Cost/8 hours of Therms $ 37.80
#Therms per 8 hours 30.00
ESTIMATED BUILDING COST OF AN INTEGRATED Operations/Administration/Crematory Highlighted costs for budgeting
Matthews PowerPak I(install 2 for maintenance/do not want to turn anyone out) $ 208,000.00 104k+15k(ma dep REQ)
MA DEP Cost per retort $ 30,000.00 This is a changing number from DEP($15-25K)
Estimated Delivery to Lexington,MA $ 8,000.00 4K per unit
Installation Costs(Construction/HVAC/NG install) $ 75,000.00 install costs$50K-$75K
MA State Requirement:Chamber Temperature Monitor and TWO-Pen Chart Recorder $ 3,400.00 $1700 each
Spare Parts and small equipment replacements daily supplies $ 5,000.00
Matthews VPS-1 Processing Station $ 14,000.00
Electric-Hydraulic Loading Lift Table included
MADEP chimney of unit 30 feet from ground $ 20,000.00 Est.cost for two chimney's
Matthews Automated Loading System $ 30,000.00 Offers professional presentation esp.for viewing
Matthews Electric Cremated Remains Processor(ECP-200) $ 7,450.00
Expandable Commercial freezer $ 10,000.00
Total Capital Cost for Equipment $ 410,850.00
With contingency of 10% $ 451,935.00
With additional soft costs of 25% $ 564,918.75
Construction cost of Crematorium Building(40'x30')
@$150/sqft @$342/sgft
Known costs of construction for Westview Site(Low vs.Estimator provided) $ 180,000.00 $ 410,400.00
With contingency of 10% $ 198,000.00 $ 451,440.00
With additional soft costs of 25% $ 247,500.00 $ 564,300.00
Natural Gasline from street(DPW installation estimate) $ 200,000.00
Total capital costs(Crematorium building+Equipment) $1,329,218.75 Capital cost w/25%contingency
OPERATING COSTS
NG Operational cost/8hr $37.80(Delivery and consumption)
Electric Bill/Month for future Cemetary Operations Building $300.00 assumes normal electric utilization
5 cremations/16 hrs using NG will have a daily cost $302.40
Max cremations per year(assume 5 cremations/day;220 operating days/yr;75%utilization) 825
Hours of opeations per day would be: 9:00am-5:30 pm Assumes 5 Day Work week
Total Operating Cost per year
Operating cost per year $53,496
1 Operator;1 FTE
trained/certified as a backup;
Labor cost per year(assume 1 person,$50/hr+benefits,2000 hrs/yr) $162,500 shared admin staff=1.5 FTE
Depreciation expense of equipment per year(assume 10yr straight line) $41,085
Depreciation expense of Crematorium Bldg per year(assume 20yr straight line) $28,215
Misc expenses and maintenance $20,000
TOTAL Operating Costs per year $305,296
Break-even AnIsis
Total cremations per year(assume 5 cremations/day;220 operating days/yr;75%utilization) 825 IF running at full capacity
Break even cost per cremation $370
Number of cremations if 75%of Lexington's dead chose cremation in Lexington 230.25 Average of last 5 years of deaths
TOTAL COST:Operating Costs(year 1)+Capital Costs $1,634,515
NOTE.We have not included"Marketing Costs"in this analysis.
Reverse Analysis(to Cover Only Annuali Costs)
Number of cremations needed per year at$475/cremation 643 Merrimack Pricing($475)
Number of cremations needed per year at$410/cremation 745 Mount Auburn Pricing($410)
Number of cremations needed per year at$225/cremation 1,357 Duxbury Pricing($225)
15
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix D: 10/20 year Bonded models
Years 1 2 3 4 5 6 7 8 9 10
#of cremations 50 75 100 250 300 400 500 600 700 825
Sale Price $ 450 $ 461 $ 473 $ 485 $ 497 $ 509 $ 522 $ 535 $ 548 $ 562
Total revenue $ 22,500 $ 34,594 $ 47,278 $ 121,150 $ 149,015 $ 203,653 $ 260,931 $ 320,945 $ 383,797 $ 463,640
Labor annual $ 162,500 $ 166,563 $ 170,727 $ 174,995 $ 179,370 $ 183,854 $ 188,450 $ 193,161 $ 197,990 $ 202,940
Utilities $ 378 $ 567 $ 756 $ 1,890 $ 2,268 $ 3,024 $ 3,780 $ 4,536 $ 5,292 $ 6,237
Maintenance&Misc $ 20,000 $ 20,500 $ 21,013 $ 21,538 $ 22,076 $ 22,628 $ 23,194 $ 23,774 $ 24,368 $ 24,977
Total cost $ 182,878 $ 187,630 $ 192,495 $ 198,423 $ 203,714 $ 209,506 $ 215,424 $ 221,471 $ 227,651 $ 234,154
Gross Profit loss $ 160,378 $ 153,036 $ 145,217 $ 77,272 $ 54,699 $ 5,853 $ 45,507 $ 99,474 $ 156,146 $ 229,486 Cumulative Annualized
Profit/Loss Profit/Loss
10 Year Bond $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 $ 163,881 10 Year Bond
Net profit loss w/1 Oy bond $ 324,259 $ 316,916 $ 309,098 $ 241,153 $ 218,580 $ 169,733 $ 118,374 $ (64,407) $ (7,734) $ 65,605 $1,704,648 $ 170,465
20 Year Bond $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 $ 97,806 20 Year Bond
Net profit loss w/20Y bond 1$ 258,184 $ 250,842 $ 243,023 $ 175,079 $ 152,505 $ (103,659)1$ (52,299)1$ 1,668 1$ 58,340 1$ 131,680 $(1,043,904 $ 104,390
Assumptions
Capital investment(2 retorts+25%
contingency+other equip+gas line) $1,329,218.75
Bond rate 4%
Labor cost per year assumes 1.5 persons,
$50/hr+benefits,2000 hrs/yr $162,500.00
Inflation 2.50%
Natural Gas cost per therm $1.26
Cremations/8 hours 5
Therms/8 hours 30
Therms/cremation 6
GASLINE estimate to install at Westview $200,000
Crematory Business AnalVsis
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16
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix E: Primary and Secondary Funeral Home
Market Area Report
Prayer Potential
Town Census Funeral Home Crematory Cremations Witness Hall Usage
per year seating Min Max
Primary
Market
Lexington 33,727 Douglass Mt Auburn x 4 0 5
Arlington 45,510 Keefe Mt Auburn x 18 25 0 95
DeVito Mt Auburn x 2 100 0 0
Rogers&Hutchins Mt Auburn x 0 0 20
Belmont 26,458 Hickey&Brown 0
Brasco&Son 0
Short Williamson 0
Waltham 621442 Joyce Newton 0 200+ 0 0
Brasco(Belmont)
Lincoln 61781 none
Concord 19,237 Concord Mt Auburn x 16
Dee Duxbury
Bedford 14,197 Bedford Harmony Grove x 5
Shawsheen Rivet, Merrimack x 15 0
Burlington 27,176 Edward V.Sullivan Puritan Lawn x 5 100+
Woburn 39,701 Lynch-Cantillon Puritan Lawn x 5
McLaughlin-Dello Mt Auburn x 1
Graham Puritan Lawn x 2
Winchester 22,838 Costello Linwood x 3 75 0 60
Lane Arborside
O'Maley
Primary TOTAL 298,067 912 76 0 180
8%
17
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix E: Primary and Secondary Funeral Home
Market Area Report (continued)
Prayer Potential
Town Census Funeral Home Crematory Cremations Witness Hall Usage
per year Seating Min Max
Secondary
Market
Acton 23,549 Acton Newton x 3 100 0 50
Billerica 42,683 Burns Arborside x 10 150
Sweeney Memorial Merrimack, NH x 0 100 0 20
Boxborough 5,206 none
Chelmsford 35,149 Dolan
Merrimack, 100-
Blake Chelmsford Linwood x 10 150 0 55
Carlisle 5,245 Dee Duxbury
Bedford Harmony Green
Concord Mt Auburn
Harvard 6,573 none
Anderson(Ayer)
Badger(Littleton)
Acton(Acton)
Littleton 9,912 Badger(Littleton)
Maynard 10,676 Fowler-Kennedy
Linwood,
Lowell(10) 110,699 The McDonough Merrimack x 20 100 0 30
McKenna-Ouellette Merrimack x 2 75-100 0 0
M.R.Laurin&Son Merrimack x 2 50 0 0
O'Donnell
Weston 12,057 none
Westford 23,831 J A Healy Sons Merrimack x 0 75-100 0 0
Badger(N.Chelmsford)
Blake(Chelmsford)
Wilmington 23,534 Nichols Newton x 1 75 0 0
Dello Russo
Secondary
TOTAL 309,114 717 48 0 155
GRAND TOTAL 607,181 1,629 124 0 335
x: Proprietary information,not for publication
Witness:Personally igniting and observing the cremation
Prayer Hall:Space to gather and hold a service.Capacity recommended by Funeral Director.
Potential Usage:Min: Not a single Director expressed a desire for a facility in Lexington.
Max;Maximum number they could envision sending here in future..
18
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix F: Lexington Interfaith Clergy Association (LICA) Letter
From: PAUL GARRITY
Date: Tue, Aug 20, 2019, 9:48 PM
Subject: CREMATORY COMMITTEE
CREMATORY COMMITTEE
The Lexington Interfaith Clergy Association was asked at its June Meeting to support the proposal
for the Town of Lexington to build a crematory. The request come from a member of the Hindu
community who made the proposal, reflecting sentiment in the Hindu community where
cremation is a mandate of the Hindu faith or religion. The members of the Association who were
present had an extensive conversation on the proposal. Instead of endorsing the proposal, the
Association chose to endorse the following resolution.
(We call upon) the ad Hoc crematory study committee and town meeting to fully consider the
spiritual needs of the Hindu, Buddhist, Jain, Sikhs and other communities who practice cremation
(specifically the need to witness cremation) as they seek to discern how to move forward.
19
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting
AD Hoc CREMATORY STUDY COMMITTEE
TOWN OF LEXINGTON
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TERIM REPORT To
2019 ANNUAL TOWN MEETING
Released April 3, 2019
Votinp,Members: Liaisons
• Narain Bhatia, Town Meeting Member • Sandy Beebee, Capital Expenditures
• Judith Crocker, Town Meeting Member Committee
• Sara Iverson, Community Member • Sanjay Padaki, Appropriation Committee
• Bridger McGaw, Town Meeting Member • David Pinsonneault, Director of Public
• George Burnell, Economic Development Works
Advisory Committee • Carolyn Kosnoff, Assistant Town
• Msgr. Paul Garrity, Lexington Interfaith Manager for Finance
Clergy Association (LICA)
• John Flynn, Board of Health
Non-voting Chair
• Douglas M. Lucente, Board of Selectmen
20
NOVEMBER 12,2019
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Executive Summary
In December 2018, the Ad Hoc Crematory Study Committee was formed by the Board of Selectmen (BOS) and
charged with making one of the following recommendations regarding a potential Crematory at Westview
Cemetery:
4. Build a crematory adjacent to/connected to proposed new Westview Building.
5. Build a crematory on another location on the Westview property.
6. Do not build a crematory at this time.
Given the correlation between the ongoing work of the study committee and two Articles on the 2019 Annual
Town Meeting Warrant (Article 6 and Article 20g), the Ad Hoc Crematory Study Committee agreed to publish
this Interim Report. The Committee is not ready to make a final recommendation as to whether or not
Lexington should build a crematory at this time, but wanted to share some preliminary information to assist in
educating Town Meeting on the topic.
Committee members and liaisons agree that the continued investigation of the numerous financial implications
and other variables is needed on this complex issue in order to present a complete and accurate report back to
the BOS and to Town Meeting.
Though it is beyond the mandate of the Committee, it is the Committee's judgment that there is not sufficient
reason to postpone the Westview Cemetery Facility construction at this time. This reasoning is predicated on
the assumption that the design for the new building has now been amended to accommodate the overlapping
needs of the Westview Cemetery administrative and public spaces and a potential future crematory.
Interim Recommendations:
As of March 21, 2019, the Ad Hoc Crematory Study Committee is recommending that:
Recommendation Committee Vote
Design the proposed Westview Cemetery Facility addition-ready 7-0 (3-21-2019 mtg)
for a potential future crematory.
A potential future crematory should accommodate a viewing area 6-1* (3-21-2019 mtg)
suitable for up to 25 people.
A potential future crematory should have up to two retorts. 7-0 (3-21-2019 mtg)
A potential future crematory should not be built separately from 5-1-1** (3-21-2019mig)
the proposed Westview Cemetery Facility.
* Majority View: A Crematory viewing area in Lexington should be used for short duration witnessing of the
start of the cremation process.
Minority View: This individual was not ready to take a position at that time.
**Minority View: This individual was not ready to take a position at that time.
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Selectmen's Charge to the Ad Hoc Crematory Study Committee
Approved in September 2018
To examine public health, public safety, public works, operational, financial, and quality of life issues
associated with locating a crematory at Westview Cemetery and meeting the needs of deceased Lexington
residents and their families. To assess the following options and provide the Selectmen with recommendations
on:
1) Building a crematory adjacent to or connected to the proposed new Westview Cemetery Building.
2) Building a crematory on another location on the Westview Cemetery property.
3) Not building a crematory at this time.
Committee Role: The Ad Hoc Crematory Study Committee's study will include but not be limited to the
following:
1) Review of Applicable Legislation: a. Review of the applicable sections of Massachusetts General Laws c.114
(Cemeteries and Burials). Review of Massachusetts Department of Environmental Protection regulations
regarding Crematories.
2) Evaluation of needs: a. Review of availability of crematory services for residents and project future
cremation needs. b. Study the economics of death rates for the area. c. Consider public and private competition
in the region and other communities that maybe engaged in the crematory planning process.
3) Other Crematories: a. Review of other crematories proposed, established and managed by municipalities in
Massachusetts. b. Review of common practices and pricing. c. Review of operational costs and perform
modeling to include: various sales price and numbers of cremations per year.
4) Building Options: a. Review siting options at Westview Cemetery. b. Review parking and gathering space
needs. c. Estimate the cost to build at siting options presented including size.
5) Operational Feasibility: a. Review estimated annual operating costs, equipment costs, labor costs (including
possible outsourcing labor costs) and a program budget. b. Review estimated Capital replacement costs and
timeline of such. c. Explore regional grant opportunities that maybe applied for.
6) Environment: a. Review of independent research on the health, environmental, and safety risks associated
with the operation of a crematory. b. Review options for using alternative energy sources to reduce the
environmental impacts.
Background
Westview Cemetery is the Town's active cemetery. There are of 200 burials per year on average. The Cemetery
is located on a Town owned parcel of land that is 42-acres. The current building, serves as a cemetery office, a
meeting area for grieving families and a work space for the maintenance staff. There are 4 Full Time employees
and 2 positions for Seasonal employees.
22
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Current Building Conditions: The current facility, which last had a significant addition in the late 1970's, has
deteriorated and needs to be brought up to code. The limited space does not permit private space for grieving
families to meet with Town Staff and plan burials. The maintenance area lacks adequate space for necessary
equipment to be stored indoors. This impacts the durability and life of the equipment. The only recent upgrade
to the building in the last 15 years has been the installation of a new roof.
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Timeline: The Westview Cemetery Facility replacement has been under consideration since 2015. Below is the
timeline of the events related to the Westview Cemetery Facility and the Crematory Study:
• 2015
o March 2015 Annual Town Meeting — Approved Article 11(m) Westview Cemetery Building
Assessment - $35,000 (Cemetery Trust Fund): This appropriation was used to fund a feasibility
study.
• 2016 A final report of options for the Westview Cemetery Building was issued by the consultant.
• 2017
o March 2017 Annual Town Meeting — Approved Article 12(o) Westview Cemetery Building
Design - $270,000 (General Fund Debt): This appropriation was to hire an architect to design
and engineer the building on the Westview Cemetery grounds.
o June 2017—BOS approved Cemetery Fee Increase to help fund Westview Building.
• 2018
o March 2018 - TBA Architects presented a proposed design and cost estimate for the new
Westview Cemetery Building to BOS.
o March 2018 Annual Town Meeting— Voted Indefinite Postponement* of Article 11 Appropriate
for Westview Cemetery Building Construction- $3,040,000.
o July 2018 — BOS visited the Duxbury Municipal Crematory, and made a decision to form an Ad
Hoc Crematory Study Committee.
o September 2018—Ad Hoc Crematory Study Committee charge was approved by the BOS.
23
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
o October 2018 —Ad Hoc Crematory Study Committee members were appointed.
o December 2018—The first meeting of the Ad Hoc Crematory Study Committee was held.
• 2019
o The Committee has held 10 meetings including:
■ February 2019—Public Hearing held for feedback on Crematory need.
*During the 2018 Annual Town Meeting, a suggestion from a Town Meeting Member was made that the Town
should explore including a crematory at Westview Cemetery since we were preparing to replace the Westview
Cemetery Facility.
In constructing any public building, our Town's building design strategy makes every effort to incorporate a 50-
year building life span to support the future needs of the community. Therefore, the decision was made by the
BOS to slow down the Westview building process in order to determine if there would be a benefit to the Town
if the new building were to contain a crematory.
Understanding the Cremation Process
Cremation is the process of reducing the human body to bone fragments
using g p high heat. Cremation is not the final disposition of the remains and it is
not a type of funeral service. With cremation you still have the opportunity
yp � y pp y
to have a funeral or memorial service. Cremated remains ("Cremains") can
be buried, kept in a mausoleum, stored in an urn, or spread outside.
0 U rrm�a Y 0 0 5 q a 0 h e v�s�t aW t a o in c)r v�c,,w a n g p m o r To get an understanding of the process, members of the Ad Hoc Crematory
t t o n 9 fe.utur e s d n,d wzr sh n 9 yap° ��u�,µsss nt) �h
rim�ee� a� �"a��.� ruua�w� �aQw�,� rr���,�o�m v
Study Committee have interviewed 20 Funeral Home Directors in the
1�rn a t o n �t���°f, � primary area surrounding Lexington and 13 Funeral Home Directors in the
secondary area to the northwest.
There are multiple steps involved in the cremation process, and the Funeral
Director plays an integral role. By Massachusetts state law, whether you die,
� y at home, at the hospital, or at the nursing home, you must have a Funeral
Director involved. However, per Massachusetts state law a funeral home
III Yl�iii„
cannot have a crematory on their premises. All crematories must be located
I� r on cemetery property.
Additionally, in Massachusetts every person that is cremated must be
approved for cremation b the Medical Examiner's office. Since cremation is
pp y
an irreversible process, the Medical Examiner's office performs an
examination of the body to make certain there is no question about cause of
death. Further, in Massachusetts, no one can be cremated for at least 48 hours
after the death occurs.
r� After the 48-hour waiting period, the Medical Examiner's office can a� g p � approve
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the cremation. At this time the Funeral Director will transport the case to
crematory operators at the cemetery. Paperwork is brought to the crematory
24
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
with the body, and the crematory assigns a case number. That case number and the paperwork stays with the
case during the whole cremation process.
At the crematory, the body may be refrigerated temporarily. When the crematory is ready to start the process,
the body is placed into a retort (the technical name for the cremation chamber). For an average size adult, the
cremation process takes two to three hours where the body is exposed to extreme high temperatures, usually
1600-1800 degrees Fahrenheit. When the cremation process is complete, all that remains are bone fragments.
Due to the extreme heat, the bones are in small pieces and very brittle. Crematory operators carefully remove all
of the contents from the retort. These are called"Cremains".
When the cremains are removed from the cremation chamber, they are taken to a work station where those
fragments and ashes are allowed to cool. All non-consumed items, like metal from clothing, hip joints, and
bridge work, are separated from the cremains. This separation is accomplished through visual inspection as well
as using a strong magnet for smaller and minute metallic objects. The remaining bone fragments are then
pulverized by a special machine and reduced to fine powder. The cremains of an average size adult usually
weigh between four to eight pounds.
The cremains are then given to the Funeral Director or to the authorized family member.
It is customary for some religious and ethnic groups to watch the cremation as part of their funeral custom. It is
their belief that it is important to follow through with the person to the final end, much the same as going to a
grave site if someone were being buried. Others choose to view the cremation for peace of mind and to get the
emotional closure they need.
The Committee discovered that this puts the Funeral Director squarely in the middle of the process and they are
the primary person to determine where the cremation will take place when a viewing or family choice has not
been established.
Crematory Reimlations
Regulations: The State Laws for permitting and operating a Crematory are relatively straight forward and will
provide for a well-controlled and safe operation.
Any cremation in Massachusetts must be carried out in a facility located on a Massachusetts DPH approved
Cemetery. The Crematory will operate with by-laws and regulations approved by the Department of Public
Health pursuant to M.G.L. Ch. 114, § 9, and an air pollution control permit issued by the Massachusetts
Department of Environmental Protection (DEP) pursuant to 310 CMR 7.00. Additionally, a modification to the
Westview Cemetery Trust (as approved by the BOS) will be required.
The Cremation process is conducted in specially designed chambers called retorts. There are a limited number
of vendors that manufacture the specialty chambers. Manufacturing standards, vendor certification and specific
maintenance procedures ensure compliance with all permitting and environmental regulations.
The extremely high temperatures within the chambers will reduce all organic matter to non-toxic, odorless
gases. DEP Regulation 310 CMR 7.00 defines the particulate level for air pollution control. Vendor
25
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
certification and proper periodic maintenance procedures will ensure compliance with DEP regulations. Particle
levels are too low for practical DEP periodic testing.
There are no restrictions on the disposition of ashes once cremation has occurred. However, prior to the
dispersal of cremains, permission should be obtained from the land owner or the applicable agency (e.g. —
municipal government for Town land, or the Department of Conservation and Recreation for a state park, etc.)
Heat Sources: Currently, gas or oil are the only reasonable heat sources capable of providing sufficient energy
for the cremation process. Natural gas is the preferred fuel for modern retorts. The retorts work best and
provides the best energy efficiency when the chamber is raised to temperature for multiple sequential
cremations. Cycling the retorts for individual cremations is both inefficient and an additional strain on the retort
itself.
More specific information will be provided in subsequent reports and design studies as needed.
Lexington Shifting Demographics
Pern
Source.-Census Bureau
.
0
u.... 5 . %
t
3 . %1
2 . i 1
.0%
. ri
White Asian Multiracial hispanic Black Other Native Islander
RM.;E 0 III IIM:"II I IN q'W:,I°Io.
2G0,C I 16
Cultural Sensitivities and Evaluation of Needs: There has been a significant shift in the demographic makeup
of Lexington over the past 16 years. This will be explored further as we investigate this trend as it relates to the
preference for cremations and the Town's ability to meet the needs of residents.
Religious Preferences Related to Cremations: Members of the committee interviewed religious leaders in
Lexington. The chart below summarizes the preference for or against burials and cremations by religion. This
chart is meant to be for illustrative purposes only. It is not intended to be an exhaustive list of every religion.
26
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Rely ion* Burial Cremation Notes
Greek a Ream i d not
Christian consider cremation accept.-Able
Jehovah's Witness Follow local traditions
Unaffiliated GromAng s g nt of the population
MostBuddhists choosecremation,
ud� �� because uda was cremated.
Sikh
Hindu
Reform judaisin has begun to be
Jewish more accepting practice,
Islam IWO/
Mormon
Death Statistics of Lexington:
# of
# of Cremation % Graves
Year Burials Burials Cremations Sold
2008 204 51 25.00% 47
12009 189 52 27.51% 77
2010 201 56 27.86% 74
2011 192 55 28.65% 99
2012 194 61 31.44% 88
2013 165 44 26.67% 91
12014 182 52 28.57% 98
2015 215 55 25.58% 64
12016 177 69 3 8.98% 97
2017 192 71 3 6.98% 119
2018 197 66 33.50% 70
Average 191.64 57.45 29.98% 84
Balancing Equity and Financial Implications: Gathering and assessing information has led the Committee to
two distinct but equally qualifying thought processes: 1) Residential Equity - right for every Lexingtonian to
have their funeral rites occur in their Town.. 2) Financial— if a crematory is operated by the Town, how can we
make it financially viable? Operationally, the cemetery requires an annual subsidy from the tax levy to maintain
its current operations. These costs have been trending upwards the last three years. Thus, our financial analysis
plans to also contend with that reality.
27
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Current Market and Trends
Other Crematories: There are 17 crematories located in Massachusetts (see map of other crematories below).
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The primary crematories in our selected area are:
a. Mt Auburn, Cambridge, MA
b. Newton Crematory, Newton, MA
c. St. Michaels, Boston, MA
d. Linwood, Haverhill, MA
e. Merrimack, NH
Cremation Trends: The rate of cremation in the United States is at an all-time high and surpassed the rate of
burial for the past few years. The rate of cremation is projected to continue to rise. According to the National
Funeral Directors Association (NFDA) that by the year 2030 over 70% of Americans will choose cremation
over burial.
NFDA U.S. Projected Cremation ion and Burial Rates
Burials Cremation
0%
70% m00111100uum 7 .5%
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51. % �55.t%
48.20
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2011 2013 2014 2015 2020 2030
.. .. .. ...
SOURCE:National Funeral Directors Association (2014)
28
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Westview Cemetery Building Options,
Research of Crematory Designs: It is important to keep in mind that Massachusetts is one of only 6 states that
still require crematories to be sited within a cemetery. All other states allow crematories to be located in a
variety of commercial zones. Should that policy changed by the State Legislature, it is possible that additional
crematories could be constructed by the private sector or funeral homes. Our analysis assumes that the current
policy remains in effect.
The Committee recognized in its charge that there was atwo-step design challenge in examining the feasibility
of construction of a crematory due to the perceived delays in the Westview Cemetery Operations Building.
First, we agreed that operationally it was more efficient with shared physical plant and administrative
requirements to co-locate the two structures. Second, our examination of the Westview Design showed
significant design efficiencies were possible due to some oversizing of the Administrative space. It was our
assessment that modifying the design approach to the Westview Building would not only meet the
administrative and operational requirements of the Westview Cemetery Operations, but also save enough
money through design efficiencies to include a future crematory's administrative requirements. Our review
successfully showed that the $2.8M requested for Westview could be made more cost efficient and future-
proofed should a future installation of a crematory be approved.
Crematory design and construction does not seem to be an overly specialized field. While the equipment
installed and utilized has a specialized purpose, design review showed that based on the scale of the operations
undertaken by the crematory operator, all designs for crematories included similar functions and the sizes of the
spaces fluctuated based on the number of retorts installed. If we installed 1-2 retorts then we would need:
• (1)Administrative Workstation for managing the business
• Awaiting area for 4-6 people to sit and wait comfortably
• Agender-neutral bathroom(shared by staff and guests)
• A Pantry
• A Viewing area to see the ignition process for 10-25 people
• Mechanical/Electric Room
• File Storage
Crematory Design Review: In reviewing designs for possible crematories, we reviewed over a dozen floor
plans as well as considered layouts as viewed by Town Staff in their tour of Mount Auburn and Duxbury sites.
We saw designs that range from 1400 sq. ft. to 2000 sq. ft. inclusive of the operational equipment. However,
based on advice from crematory operators it was recommended that having 2 retorts is optimal unless you are
building a massive operation. Thus, we focused our design of a future crematory building of 1400 sq. ft. to
1600 sq. ft. The balance of the space would already be included in the Westview Cemetery Administrative
portion of the building. We shared these floor plans and assessments with the Facilities Department, DPW, and
Permanent Buildings Committee (PBC). With a likely vote on the funding for construction of the new
Westview Cemetery Operations Building (Article 20g) expected at the 2019 Annual Town Meeting, we felt that
our research into operational effectiveness and construction could be summarized as:
1. Size the future project to have at least 2 retorts (approx. 1400-1600sgft).
2. A substantial overlap with the current Westview building design of approximately 1200 sq. ft. exists.
29
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Westview Cemetery Operations Building Design Review: Upon our review of the necessary layout for a
crematory, we engaged with the Facilities Department and PBC to assess opportunities. Our discussions led to
some space saving opportunities for similar administrative requirements for operating each program separately.
Opportunities existed to combine the two programs without adding to the known budget. For example, the
previous design had 2 shower rooms (one male; one female) that totaled 600 sq. ft. At $342/sq. ft these were
two bathrooms would cost approximately $205,000 of the total project cost. After modifications were made to
a similar design with all the same requirements at a total of 180 sq. ft, the Facilities Department was able to
make changes saving approximately $143,000 in those two bathrooms. Similarly, the kitchen, administrative
workspace, and waiting room were all shown opportunities for shared use and alignment.
The PBC and Facilities Department recognized some opportunity for saving on the overall cost through a
revised design which could lead to a potential absorption of the unique requirement for a future crematory
viewing room that could also serve as a waiting area for grieving families. The Facilities Department took on
the revision of the existing plans to account for these overlapping requirements preparing plans for an "addition-
ready" crematory.
Recommendation to Move Forward with the "Addition-Ready" Design: Our Committee was wavering over
the approach the Town should take in the construction of the Westview Cemetery Operations Building knowing
that for various reasons the construction had been delayed for the last year. However, understanding the interest
in moving the building project forward, the Committee voted in favor of an "addition-ready" approach. In
the future, should a crematory be recommended or funded, the amount of additional work required would be
limited in scope and not require substantive alterations to the building.
Estimated Capital Costs for Future Space: As we noted per our charge, we felt a crematory, if built, should
be collocated with the Westview Cemetery Operations building. From a capital investment approach, the new
design would allow for a 1400-1600 sq. ft addition on the back of the new building allowing for 2 retorts,
refrigeration, garage entry for delivery, and a window could already exist from the "viewing/waiting" room into
the potential crematory. Actual design costs for a future crematory would thus be limited in scope as to
completing the building envelope and bringing in a gas line.
Per conversations with the Director of Facilities as well as a review of recent cost increases in commercial
construction projects, it is very likely that the cost of building either the operations building or a separate
crematory will be 5-10% more expensive in 2020. Project pricing could also be further increased if the
Contractor processed change orders in order to accommodate undocumented modifications to the building prior
to pricing and contracting. There are 3 parts of the capital cost of adding the crematory in the future:
• Bring Gas Line into Westview building: $150-$250K(estimated)
• Enclose the Crematory space: $342-500/sq. ft.
• FF&E (2 Retorts; refrigeration; prep equipment)
The addition-ready approach is the best bet to align all of the existing requirements proffered by DPW, into a
design that could support a future crematory.
30
NOVEMBER 12,2019
AD HOC CREMATORY STUDY COMMITTEE-FINAL REPORT TO THE BOARD OF SELECTMEN
Appendix G: Interim Report to 2019 Annual Town Meeting (continued)
Next Steps
The Ad Hoc Crematory Study Committee recognizes that there is much more work to be done which requires
extensive stakeholder engagement. The following list illustrates the unanswered questions and areas where we
need more data to build consensus within the committee. Each of these issues will be explored in the coming
months:
1) Business plan to sell crematory services
a. Marketing plan
b. Funeral Director engagement
c. Competitive pricing of cremation services in Massachusetts
2) Explore various business models
a. Operation run by Town of Lexington
b. Operation run by outsourced entity
3) Cemetery and crematory operational finances
a. Impact on the Perpetual Trust
b. Impact on the 45%/55% fee split
4) Discussions with other municipalities within a 50-mile radius
a. Is anyone else planning to build a crematory?
b. Are the opportunities to share responsibility?
c. Are there regional grant opportunities?
5) Crematory operational feasibility
a. Equipment Costs
b. Staffing Costs
6) Assumptions/Uncertainties
a. Anticipating future community needs
b. Financial Implications
This Interim Report was Approved by a vote of the Ad Hoc Crematory Study Committee 5-0-1.
31
NOVEMBER 12,2019
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve MWRA Sewer Bond
PRESENTER: ITEM
NUMBER:
Carolyn Ko sno ff, Assistant Town
Manager for Finance I.2
SUMMARY:
The Massachusetts Water Resources Authority(MWRA) has recently announced a new round of financial
assistance for member communities to fund sewer improvement projects. Through this program Lexington is
eligible is eligible receive total assistance of$1,5 60,000, including a grant of$1,170,000 and a zero interest loan
of$3 90,000 which the Town will repay to M W R A over a period of 10 years.
The MW RA loan will be issued in the form of a municipal bond and will applied against the
authorization in Article 18 from the 2019 Annual Town meeting. The bond will fund sewer and manhole
rehabilitation throughout Town, and will reduce the amount the Town will have to fund through a market rate
bond. The grant will supplement funding that was authorized by Town meeting. The Financial A s s is tanc e
Agreement and Loan Agreement are attached for review.
SUGGESTED MOTION:
Move: that the sale of the $390,000 Sewer Bond of the Town dated November 18, 2019, to
Massachusetts Water Resources Authority(the"Authority") is hereby approved and the Town
Treasurer or other appropriate Town official is authorized to execute on behalf of the Town a Loan
Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The
bond shall be payable without interest on November 15 of the years and in the principal amounts as
follows:
Year Installment Year Installment
2020 $3 9,000 2025 $3 9,000
2021 391000 2026 3900
000
2022 391000 2027 3900
000
2023 391000 2028 3900
000
2024 391000 2029 3900
000
And Further: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer
be and hereby are, authorized to take any and all such actions, and execute and deliver such c ertific ate s,
receipts or other documents as may be determined by them, or any of them, to be necessary or
convenient to carry into effect the provisions of the foregoing vote.
FOLLOW-UP:
The Town Clerk and Treasurer will execute the Financial Assistance Agreement and the Loan Agreement. The
loan is expected to close on November 18th. Closing documents will be provided for signature.
DATE AND APPROXIMATE TIME ON AGENDA:
11/12/2019 6:30 p.m.
ATTACHMENTS:
Description Type
D NIMR.A.f'iTi,,.,,tt)(.,ia]Assistari.ceA.gr(,,errx.-.,,Pi.t 1.1-ickup Material
D VI[W R.A I xmn Agreeem-ft.........2019 13ackup Matetial
FINANCIAL ASSISTANCE AGREEMENT
T
Y AND BETWEEN
THE AUTHORITY
AND
TOWN OF LE)CNGTON,, MASSACHUSETTS
This Financial Assistance Agreement is made by and between the Massachusetts Water Resources
Authority,a body politic and corporate and public instrumentality,existing under Chapter 372 of the
Picts of 19841, with its principal place of husmness at 100 First Avenue Charlestown, MA 02129,
("Authorifty"or"MWRA" and the Town ofLexington,NIA,a municipal corporation duly organized
and existing under the laves of the Commonwealth of Massachusetts, with its principal place of
business at Town Fall, 1625 Massachusetts Avenue, Lexington, MA 02420 "Awardee"
(collectively, "Parties");
WHEREAS, on August 19, 1992 the Authority Board of Directors voted to approve a program
whereby the Authority was permitted to offer financial assistance to certain local communities
committed to infiltration and inflow reduction or sever system rehabilitation; and
WHEREAS,the Av ardee intends to conduct,or is conducting,an infiltration/inflow "III" reduction
or sever system rehabilitation project "Project" ; and
WI 1EREAS,the Av ardee filed a Financial Assistance Application in which it furnished information
about the Project to the Authority; and
WHEREAS, the MWRA will provide financial assistance to the A ardee for its Project under
certain terms and conditions, hereinafter provided.
NOW THEREFORE, in consideration of the foregoing and the promises contained herein, the
Parties agree that the Authority will provide and the Awardee will accept financial assistance under
the following terms and conditions:
I. SCOPE OF SERVICES.
The Awardee has entered into or will eater into,within ninety days of the execution of
this Agreement,a contract with a consultant or contractor for serer rehabilitation and/or 1I reduction
services,in accordance with the Arardee's competitive procurement practice,and the scope of such
work is listed in Attachment A.
l
II. FINANCIAL ASSISTANCE.
A. The Authority shall provide financial assistance "Award" to the Awardee in the form of
both a grant and a loan. The total amount of the Award shall be .1. ,of which 1,1 , 00
shall be in the form of a grant "Grant" and $390,000 shall be in the form of an interest-free loan
"Loan").
B. The Loan shall be governed by the attached Loan Agreement,which is incorporated herein by
reference as Attachment C.
C. Upon execution of the Loan Agreement,the Authority shall initiate an electronic fifer for
the Total Award through the Automated Clearing House CH having a pay date three business
days after the execution date, including both the grant and the loan, to the following designated
account of the Awardee:
1 IM T Account No. 44226561 Federal Tax ID No. o -Goo-1 oo
D. The Authority shall not be obligated to provide additional financial assistance above the
Award amount regardless of additional Project costs which may be incurred by the Awardee.
E. In the event that the Project is not initiated as outlined in the Project Schedule,the Awardee
shall return the entire Grant to the Authority within ninety 90 days.
III. EFFECTIVE DATE OF AGREEMENT.
This agreement will not become effective until the Loan Agreement is fully executed.
IV. TERM.
The terra of this Agreement shall begin upon the date of execution of this Agreement,
including the execution of the Loan Agreement,and shall be in effect until the Awardee fully repays
the Loan to the Authority in accordance with the terms of the Loan Agreement. As evidence that the
final payment has been made,the Authority will send a letter to the Awardee indicating that the Doan
has been discharged.
V. PROJECT SCHEDULE.
Implementation of the Project must begin within ninety 9 calendar days of execution of the
Agreement,Including the Loan Agreement,or all grant funds must be returned to the Authority.The
Project must comply with the Project Schedule listed in Attachment B.
It is the obligation of the Awardee to obtain all licenses, permits, easements or any other
approvals necessary to begin and successfully complete the Project.
V%I
v1. EXPENDITURE VERIFICATION REQUIREMENTS.
A. Throughout the completion of the Project Scope of Services, the Awardee shall submit
progress reports to the Authority, on forms provided by the Authority, which outline the overall
progress of the Project,the progress of key Project tasks,and the total Project cost expended to date.
The frequency and schedule for progress reporting is outlined within the I Local Financial
Assistance Program Guidelines for Sewer Projects. Progress reports shall be submitted to:
Massachusetts water resources Authority
Charlestown Davy Yard
100 First Avenue
Boston, NLk 02129
Attn: Community Support Program
B. The Awardee shall append to each progress report information which documents eligible
Project costs, including, but not limited to, consultant and/or contractor invoices; awardee labor,
equipment, materials and other costs; and ancillary expenses. Time sheets and work summaries
documenting any requests for force account work reimbursement must also be provided.
C. The Awardee shall exercise its best efforts to accomplish the Project set forth in the Scope of
Services within the Award Amount established. In the event that an increase or decrease in the total
Project cost is anticipated, or in fact occurs,the Awardee shall immediately notify the Authority in
writing, and shall submit a status report including reasons for changes in Project cost, work
completed to date,total dollars expended to date,and an estimate of the cost required to complete the
Project.
VH. PROJECT INSPECTION.
The Awardee shall make the Project site and all Project records available to the Authority
staff for review during the course of the Project. Authority staff may periodically monitor the
progress of work to insure that the Project is: 1 proceeding substantially as defined in the Scope o
Services; proceeding substantially within the Project Schedule;and proceeding in a manner
which will substantially produce the quantitative III reduction result which the Awardee estimated
would be achieved in the Financial Assistance Application.
vIH. PROJECT CLOSEOUT PROVISIONS.
A. Upon completion of the Project, the Awardee shall notify the Authority that the Project is
complete and shall certify,on a form provided by the Authority,that all work included in the Scope
of Services has been completed and performed in accordance with this Agreement. The Awardee
shall submit to the Authority a Project closeout package which shall include a summary of all Project
expenditures and the final Project cost.
B. If the final Project cost meets or exceeds the Award,no revision to the Grant shall be made
during Project closeout.
C. If the final Project cost is less than the Award,a revision to the Grant shall be made during
Project closeout. The difference between the Award and the final Project closeout cost will be
calculated and defined as the Project "Shortage Amount". The existence of a Project Shortage
Amount will not affect the Loan repayment amount or schedule.
D. In the event that a Project Shortage Amount exists,the Awardee agrees to repay seventy-five
percent % of such Project Shortage Amount to the Authority. The Authority will send the
Awardee a separate invoice for payment of the Project Shortage Amount forty-five days prior to
the next loan repayment date.
IC. PROJECT AUDIT PROVISIONS.
A. The Awardee, its engineers, and its contractors shall maintain books, records, and other
documents that pertain to and involve transactions related to this Agreement in accordance with
generally accepted accounting principals. The Awardee,its engineers,and its contractors shall also
maintain the financial information and data used by the engineers and contractors in the preparation
or support of all invoices and progress reports. The Authority and any other duly authorized person,
shall have access to such books, records, documents, and other evidence for inspection, audit and
copying during normal business hours,upon ten 10 days notice and at the Authority's expense. The
Awardee, its engineers, and its contractors shall provide proper facilities for such access and
inspection. All documents shall be kept for at least seven years after either the final payment to
the engineer or contractor or after the closeout of the Project, whichever is later.
B. The Awardee agrees to include the wording of Section IK A, above, in all contracts and
subcontracts hereafter awarded to third party contractors, vendors and service providers related to
this Agreement.
C. Audits conducted by the Authority, or its duly authorized representatives, shall be in
accordance with generally accepted government auditing standards and established procedures and
guidelines of the Authority. Such audits shall be conducted at the expense of the Authority upon ten
(10) days notice to the Awardee.
D. The Awardee agrees to provide the Authority with a copy of the wardee's annual audited
financial statements within a reasonable time after the issuance thereof,together with a certificate of
the Awardee stating that the Awardee is in compliance with its obligations under this agreement.
X. INTERACTION WITH OTHER PROGRAMS OF ASSISTANCE.
The Awardee certifies that it has not and will not receive financial assistance under the Mate
Revolving Fund SR.F or any other state, federal, or other program of funding assistance for any
Project costs for which financial assistance has been provided by the MWRA III Local Financial
Assistance Program.
XI. AUTHORITY RIT TO EXECUTE AGREEMENT.
Prior to the execution of this Agreement, the Awardee shall take all steps necessary to
authorize it to properly execute this Agreement.
)M. GOVERNING LAW.
This Agreement shall be governed by and construed and enforced in accordance with the laws
of the Commonwealth of Massachusetts.
XIII. COMPLIANCE WITH LOCAL LAWS.
The Awardee shall comply with all applicable laws, ordinances, and codes of the state and
local governments,and shall commit no trespass on any public or private propertyn performing any
f the work embraced by this Agreement.
XIV. INVALIDITY OF PARTICULAR PROVISIONS.
If any provision of this Agreement shall to any extent be held invalid or unenforceable,the
remainder of this Agreement shall not be deemed affected thereby.
XV. CONTRACTING/SUBCONTRACTING.
The Awardee shall have no capacity to involve the Authority in any contract nor to incur any
liability on the part of the Authority.
XVI. CHANGES TO SCOPE OF SERVICES.
The Authority and the Awardee may, during the course of the project, mutually agree to
revisions in the Scope of Services or Project Schedule. Such changes shall be incorporated into this
Agreement by written amendment.
XVII. PROVISION OF CONTRACTS.
The Awardee agrees to submit to the Authority an executed copy of each contract for
engineering services or construction relevant to the Scope of Services.
mn.
XVHL EQUAL EMPLOYMENT OPPORTUNITY.
The Awardee shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicap status or national origin. The Awardee, its
engineers ,and its contractor(s)shad comply with all applicable laws and regulations pertaining to
nondiscrimination,equal opportunity and affirmative action,including without limitation executive
orders and rules and regulations of federal and state agencies of competent jurisdiction. The
Awardee shall make positive efforts to achieve a goal of 7.18 percent participation of Minority-
owned Business Enterprises and 5.77 percent participation of woman-owned Business
Enterprise(s)within Professional Services contracts which are funded through financial assistance
under this Agreement. For Non--Professional Services category work, the Awardee should make
positive efforts to achieve a goal of 5.61 percent participation of Minority-owned Business
Enterprises) and a goal of 4.88 percent participation of woman-owned Business Enterprise(s)
within project contracts.
For Construction,the Awardee shall require all construction contractors and subcontractors to make
positive efforts to achieve: 1 a minority employee work force hour goal of 15.30 percent, 2 a
woman employee work force hour goal of 6490 percent, a goal of 7.24 percent participation of
Minority-owned Business Enterprises , and a goal of 3,60percent participation of Woman-
owned Business Enterprise(s)within the project contracts.
XIX. INI EMNIPI ATI N.
The Awardee, at its expense, shall defend and shall indemnify and hold harmless the
Authority, its members, officers and employees, from and against any and all claims, causes of
action,suits,losses,damages and expenses,including attorneys'fees,arising out of or resulting from
any acts,errors or omissions or breach of contractual duties by the Awardee and anyone employed by
it(including Contractors,Subcontractors and/or Consultants and their employees)in performance of
this Agreement. Such obligation shall not be construed to negate or abridge any other obligation of
indemnification running to the Authority which would otherwise exist.
XX. MEMBERS, EMPLOYEES NOT LIABLE.
No member or employee of the Authority shall be charged personally or held contractually
liable by or to the Awardee under any term or provision of this Agreement or because of any breach
thereof or because of its execution or attempted execution.
)OU. INTEREST of AWARDEE.
The Awardee covenants that its Contractors, Subcontractors and/or Consultants presently
have no interest and shall not acquire any interest, direct or indirect, in the property to which this
Agreement pertains or any parcels therein or any other interest which would conflict in any manner
or degree with the performance of its services hereunder. The Awardee further covenants that no
person having any such interest shall be employed in the performance of this Agreement.
XXIL INTEREST OF EMPLOYEES-, I1 . .L. . 268A.
Neither Awardee, nor its Contractors, Subcontractors and/or Consultants shall, during the
terra of this Agreement,hire or employ on either a full-time or part-time basis any person or persons
so long as such person shall be employed by the Authority.
The Awardee acknowledges that the Authority is a state agency for the purposes of Chapter
A of the Massachusetts General Laws (the Massachusetts Conflict of Interest statute). The
Awardee agrees to take actions and to forbear from taking actions,as circumstances require,so as to
be in compliance at all times with said statute,
III. ASSIGNABILITY.
The Awardee shall not assign any interest, in whole or in part, in this Agreement and shall
not transfer any interest in the sane, whether by assignment or novation, without the prior written
approval of the Authority.
HIV. PAYMENT NOT A. WAIVER.
The Authority's payment to Awardee under this Agreement or its review, approval or
acceptance of any actions by Awardee under this Agreement shall not operate as a waiver of any
rights under this Agreement and the Awardee shall remain liable to the Authority for all damages
incurred by the Awardee`s failure to perform in accordance with the terms and conditions of this
Agreement.
The rights and remedies of the Authority provided for under this Agreement are in addition to
any other rights or remedies provided by law. The Authority may assert a right to recover damages
by any appropriate means, including but not limited to set-off, suit, withholding, recoupment, or
counter-claim either during;or after performance of this Agreement.
)O�V. TERMINATION of THE AGREEMENT FOR CAUSE.
If, through any cause, the Awardee shall fail to fulfill in a timely and proper manner its
obligations under this Agreement(including performance of the Scope of Services and maintenance
of the Project Schedule);or if it is determined that there is probable cause to believe that the Award
was obtained on the basis of fraud,deceit, or illegality;or if the Awardee has failed to comply with
the terms and conditions of this Agreement;the Authority shall hereupon have the right to terminate
this Agreement by giving written notice to the Awardee of such termination and specifying the
effective date thereof.
The Awardee agrees that if this Agreement is terminated by the Authority,the Awardee shall
immediately repay to the Authority the full Grant which is identified in Section II, above. The
Awardee also agrees that the Loan shall not be affected by such termination and that the separate
Loan Agreement shall remain in full effect.
1 „
s
XX I. ATTACHMENTS.
Attachments to this Agreement are incorporated herein and are as follows:
Attachment A Scope of Services
Attachment B Project Schedule
Attachment C Loan Agreement
)OMI. PROJECT SPECIFIC DI ITI TAL TERMS AND CONDITIONS.
1, The community will forward to the Authority one copy of its executed engineering
agreement detailing consultant terms/conditions/schedules.
. The community will submit to the Authority the proposed project's plans and
specifications (and all Addenda) upon their completion for review and approval.
. All reports prepared in conjunction With this project shall he submitted to the Authority for
review and approval.
. The Authority wifll he informed of the contract award for the construction phase of the
proposed rehabilitation project and forwarded a hid tabulation and contractor notice to
proceed letter.
. The community will inform the Authority of the date for Final Inspection for the construction
phase of the proposed rehabilitation project. A copy of the As-Built Record Drawings
Quantities for the rehabilitations contract must also he forwarded to MW A upon
completion.
�E
IN WITNESS WHEREOF, the parties have executed this A reemen
1' i ,SSA HUSETTS WATER.RESOURCES AUTHORITY
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l latthe v R. Horan,Treasurer
WAFDEE. Torn ofLexington, Massachusetts
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Print Dame: Arnold F. Lo erin
Print Title: Town Treasurer
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MWRA III FOCAL FINANCIAL ASSISTANCE PROGRAM -- PHASE 11
ATTACILIENT A
FINANCIAL ASSISTANCE AGREEMENT
PROJECT NO. WRA-P 11-1'7- -11 2
TOWN of LEXIN 'TON
PHASE 7 SEWER SYSTEM IMPROVEMENTS m CONSTRUCTION
SCOPE of SERVICES
The purpose of thisproject is to rehabilitate community sewer basins that contribute excessive III to the sanitary
sewer system. Project work will include, but not be limited to, the following-
1. Perform three open cut point repairs;
2. Excavate and dispose of 20 CY of rock;
3
. Perform 2 , LF o gleaning and inspection of sewers;
. Perform 17,109 LF of cleaning, inspection,testing and sealing of sewers;
. Perform testing of 2,095 joints;
. Perform sealing of 1,04 8 j oints;
. Perform 1,2 VF o ementitious lining in manholes;
8. Perform various rehabilitations to 55 manholes as specified in base bid;
. Install 12 VF of internal drop connections in suer manholes;
10. Install CIP short liners in 187 LF of sewer main;
11. Install structural CIP short liners in 46 LF of sewer main;
12. Grout reinstated services;
13. Install CIPP in 12, 55 LF of sewer main;
14. Grout 15 reinstated service connections;
15. Vest and grout 65 service connections;
16. Cut six intruding service connections;
17. Clean, inspect, and install 10 CIP lateral liners up to 5 feet); and
18. Install CIP lateral liners in 100 LF of surer main.
The above wok ill be performed pursuant to the terms and conditions detailed within the Agreement For
Engineering Services By and Between the Town of Lexington and Weston & Sampson Engineers, Inc. and the
approved MW A I I Local Financial Assistance Project Application received October 1 ,2 1 . Total project cost
is estimated at $1,890,000 (Construction 1, 0, . Eligible MWRA I I Local Financial Assistance is
1,5 60,000(Phase 12 Distribution).As a result of the above work,an estimated 0-16 mgd of peak infiltration will be
removed from the collection system.
iuu
MVVRA I I LOCAL FINANC AL ASSISTANCE PROGRAM- PHASE 1
A'TTACHMEN'T
FINANCIAL ASSISTANCE AGREEMENT
PROJECT NO, WRA-I'll-17-3-1132
TOWN OF LXINGTN
PHASE 7 SEWER SYSTEM IMPROVEMENTS--CONSTRUCTION
PROJECT SCHEDULE
DescriRtion of Work Mart Date -_-- COMW tion Date
Bid Opening Contract Award December 2019 December 2019
Rehabilitation Construction January 2020 May 2020
Retesting & Warranty Inspection lard 2021 May 2021
war
w
MWRA III LOCAL FINANCIAL ASSISTANCE PROGRAM -PRASE 11
ATTACHMENT C'
FINANCIAL ASSISTANCE AGREEMIEN '
PROJECT NO. WRA-- 1l-I -3-113
TOWN OF LE INGT 1
1-IASL 7 SEWER SYSTEM IMPROVEMENTS - CONSTRUCTION
LOAN AGREEMENT
1
1110
LOAN AGREEMENT
LOAN AGREEMENT, dated the 18th day of November 2019 between the Massachusetts
Water Resources Authority, a body politic and corporate, a public instrumentality and an
independent public authority of The Commonwealth of Massachusetts(the"Authority")established
by the Massachusetts Water Resources Authority Act, Chapter 372 of the Acts of 1984 of the
Commonwealth of Massachusetts("Commonwealth"),as amended(the"Act"),having its principal
place of business in Boston, Massachusetts, and the Town of Lexington, NIA (the "Government
Unit"),
WITNESSETH:
WHEREAS, the Authority has established a program of loans and grants (the "111 Local
Financial Assistance Program") to assist Local Bodies, as defined in the Act, in establishing
programs for the reduction and control of infiltration and inflow("III")into local sewer systems(the
"Local VI Programs")which will have a beneficial impact on the Authority's cost of maintaining and
improving the Authority's sewer system; and
WHEREAS,the Govenunent Unit has requested a loan from the Authority in the amount of
$3901000 (hereinafter referred to as the "Loan") for the purposes of funding its Local III Program
and, to evidence the 'Indebtedness to be 'incurred thereby, has duly authorized the issuance of its
bonds in the principal amount of the Loan(the "Municipal Bonds"),which Muni*cipal Bonds are to
be 'Issued to and held by the Authority in accordance with this Loan Agreement; and
WHEREAS,simultaneously with the making of the Loan,the Authority is making a grant in
the amount of V,170,000 to the Government Unit(the "Grant"),which Grant will also be used by
the Government Unit to fund its Local III Program; and
!P
WHEREAS,,the Authority may finance the Loan and the Grant from the proceeds of an issue
of its tax-exempt revenue bonds which proceeds are subject to certain limitations as to investment
and application;
NOW THEREFORE, the parties hereto agree as follows:
I..The Loan, the Grant and the Municipal Bonds. The Authority hereby agrees to make the
Loan and the Grant and the Government Unit hereby agrees to accept the Loan and the Grant and,
with respect to the Loan,to evidence its obligation to repay the Loan by issuing to the Authority the
Municipal Bonds in the principal amount of the Loan,and substantially in the form attached hereto
as Exhibit A. Neither the Loan nor the Municipal Bonds shall bear 'Interest.
2. Representations and Warranties. The Government Unit represents and warrants as
follows: (a) it has duly adopted all necessary votes and resolutions and has taken all proceedings
required by law to enable it to enter into this Loan Agreement and issue its Municipal Bonds to the
Authority to evidence its obligation to pay the Loan; (b) the Municipal Bonds have been duly
2
authorized,, executed and delivered by the Government Unit and constitute valid and binding
obligations of the Government Unit, enforceable in accordance with their terms, except as such
enforceability may be limited by bankruptcy, insolvency,moratorium,reorganization or other laws
affecting creditors' rights heretofore or hereafter enacted and general equity principles; (c) the
Municipal Bonds constitute general obligations of the Government Unit to which its fall faith and
credit is pledged; (d)al I permits and approvals necessary to construct the project being financed by
the Grant and the Loan(the"Project"),given the current status of the Project have been obtained and
remain in full force and effect; and(e)no litigation before or by any court, public board or body is
pending or threatened against the Government Unit seeking to restrain or enjoin the issuance of the
Municipal Bonds or the construction of the Project.
3..Covenants. The Government Unit agrees that until the Loan shall be paid in fall,and the
proceeds of the Loan and the Grant,together with the earnings thereon,shall be expended in fall, it
shall perform the following covenants:(a)it shall make the payments with respect to the principal of
the Municipal Bonds m* ten equal annual installments,,all at the time and in the amounts set forth in
the Municipal Bonds; (b) it shall notify the Authority in writing, from time to time, of the name of
the official of the Government Unit to whom invoices for the payment of principal should be
addressed if different from the address set forth in paragraph 8;and(c) it shall famish the Authority
annually such information regarding the Government Unit's Local 1/1 Program and the
implementation thereof,including project status and expenditure reports and evidence of compliance
with any applicable permits and any other financial or project information as the Authority may
reasonably request.
4. Opinion of Bond Counsel. Attached hereto as Exhibit B is an opinion of bond counsel to
the Govermment Unit to the effect that(i)the Municipal Bonds have been duly authorized,executed
and delivered by the Government Unit and constitute valid and binding general obligations of the
Government Unit,enforceable in accordance with their terms,,except as such enforceability may be
limited by bankruptcy,insolvency,and moratorium,reorganization or other laws affecting creditors'
rights heretofore or hereafter enacted and to general equity principles,and(ii)the Municipal Bonds
constitute general obligations to which the Government Unit's full faith and credit is pledged.
5. Application of Grant and Loan Bone s. a) The Government Unit shall deposit the
proceeds of the Loan and the Grant(collectively,the"Proceeds")in a single account(the"Account")
separated from its other moneys. Such Account shall be invested with Massachusetts Municipal
Depository Trust or in such other manner as may be approved by the Authority from time to time in
the Authority's reasonable discretion. Earnings on the Account shall be retained in such Account.
The Government Unit shall arrange for copies of all investment reports with respect to the Account
to be furnished in timely fashion to the Authority.
(b) The Proceeds,together with the eanungs thereon,shall be applied to the costs of the
Government Units Local M Program.
(c) The Goverranent Unit acknowledges that the Authority has financed the Loan and the
Grant with the issue of the Authority's tax-exempt revenue bonds (the "Authority Bonds"). The
Government Unit agrees to take such steps as are reasonably requested by the Authority in order to
dW
preserve the tax-exempt status of the Authority Bonds including,but not limited to,the following: i
to pay to the Authority such amount,not exceeding the Government Units investment earnings o
the Proceeds, as may be required to satisfy the Authority's obligation to pay rebate to the United
States pursuant to Section 148 of the Internal Revenue Code of 1986,as amended(the"Code"); ii
to the extent feasible,to limit the investment of the Proceeds,together with any earnings thereon,to
such interest rate or to such'investments as the Authority may specify from time to time in writing;
and iri to repay to the Authority the Proceeds upon its written request,together with any earnings
thereon, in exchange for other moneys which are not subject to investment restrictions orwhich are
subject to lesser restrictions.
(d) The Government Unit shall repay to the Authority the unexpended balance in any
account established pursuant to Section a hereof on or before May 21, 2021 or thereafter shall
invest such unexpended balance in accordance with the directions oft the Authority in order to assure
compliance with the applicable provisions of the Code.
. Prepayment of Loan. The Authority shall have the right to cancel all or any part of its
obligations hereunder and the Government Unit shall be obligated to repay all of the Proceeds
previously disbursed to it which remain unexpended, together with any earnings on the Proceeds,
upon the Authority's request if: a any representation made by the Government Unit to the Authority
in connection with its application for Authority assistance shall be incorrect or incomplete in any
material respect; or b the Government Unit is i in default of any of its obligations hereunder to
make payment on the Municipal Bonds as and when the same shall become due and payable,or ii
in default of any other covenant or agreement on its part contained herein, and such default shall
continue for thirty 30 days after written notice from the Authority specifying the default and
requesting that the sane be remedied.
If the Authority demands repayment of the Proceeds and the earnings thereon pursuant to
Section a or if repayment is made pursuant to Section d ,the moneys returned to the Authority
shall be attributed first to the Proceeds. Seventy-five percent of the Proceeds shall be treated as a
return of the Grant. Twenty-five percent of the Proceeds and any earnings on the Proceeds shall be
applied to a prepayment of the Loan. If the Authority demands repayment of the Proceeds and the
earnings thereon pursuant to Section b , the moneys returned to the Authority shall be attributed
first to earnings on the Proceeds and Mien to a return of the Grant.Any Proceeds after such allocation
shall be applied to a prepayment of the Municipal Bonds.
In addition to the foregoing provisions, the Government Unit may prepay the Loan upon
thirty 30 days written notice to the Authority.Except as expressly provided herein,all prepayments
shall be without penalty.
The Government Unit shall remain I iable after any prepayment for the unpaid principal on the
Municipal Bonds. Any prepayment shall be applied to the installments of principal due in inverse
chronological order.
4
7..Tax Covenants. The Government Unit shall not take,,or permit to be taken,with respect to
the Loan or the Project,any action or actions that would cause any of the Authority's Bonds to be an
"arbitrage bond" within the meaning of Section 148 of the Code or a"private activity bond" within
the meaning of Section 14 1(a) of the Code or that would cause any such bond to be "federally
guaranteed"within the meaning of Section 149(b)of the Code,or that would otherwise cause interest
on the Authority Bonds to become included in gross income of the recipient thereof for the purpose
of federal income taxation.
8.Any notices to be delivered under this Loan Agreement shall be effective upon receipt and
shall be given by certified mail, return receipt requested to:
As to the Authority:
Matthew R. Horan, Treasurer
Massachusetts Water Resources Authon*ty
100 First Avenue, Charlestown Navy Yard
Charlestown,, MA 02129
As to the Government Unit:
Town of Lexington, Massachusetts
Town Hall
1625 Massachusetts Avenue
Lexington, MA 02420
ATTN: Arnold F. Lovering, Town Treasurer
9. Severabilitv. If any provisions of this Loan Agreement shall for any reason to be held to be
invalid or unenforceable,the invalidity or unenforceability of such provision shall not affect any of
the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and
enforced as if such invalid or unenforceable provision had not been contained herein.
10. Counterparts. This Loan Agreement may be executed in one or more counterparts,any of
which shall be regarded for all purposes as an original and all of which constitute but one and the
same instrument. Each party agrees that it will execute any and all documents or other instruments,
and take such other actions as may be necessary to give effect to the terms of this Loan Agreement.
11.No Waiver. No waiver by either party of any term or conditions of this Loan Agreement
shall be deemed or construed as a waiver of any other terms or conditions,nor shall a waiver of any
breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a
different section,,subsection, paragraph, clause,phrase,or other provision of this Loan Agreement.
12. Integration. This Loan Agreement merges and supersedes all prior negotiations,
representations,and agreements between the parties hereto relating to the subject matter hereof and
constitutes the entire agreement between parties hereto in respect hereof.
5
IN WITNESS WNEREOF,the parties hereto have executed this agreement the day and year
first above wn*tten.
(SEAL) MASSACHUSETTS WATER RESOURCES AUTHORITY
Attest:
.... ........... B
....... . ....... ... y
....................................................................................................1,1,1.................................................................................................................................................................................................................................................................................6..............
Rose Marie Convery Matthew R. Horan, Treasurer
Assistant Secretary
(SEAL) 111111
Attest: TOWN OF LEXINGTON, MASSACHUSETTS1
......................................a c . ..... .......... ..... .......u.
ArnoldAoldF. Lorng, Tow ....
Nthafte L. Ri
Treasurer
Town Clerk
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Placement of Sign at Camellia Place
PRESENTER:
ITEM
NUMBER:
Jim Malloy, Town Manager
I.3
SUMMARY:
Denis Tremblay of Tremblay Real Estate Trust, owner of a commercial building at 8-10 Camellia P lac e
(location of Sherwin Williams Paint Store, Hit and Run Sports and Games and Pet Behavior), is requesting
that the Board reaffirm their decision from December 9, 1991 to allow a free standing sign be placed on the
Northwest corner of Town owned land at 45 Bedford Street that indicates the entrance to 8-10 Camellia Place.
The construction of the new Fire Headquarters will result in a loss of visibility of the commercial building at 8-
10 Camellia Place where the businesses are, approximately 400 feet from the intersection of Bedford Street,
Worthen Road, and Camellia Place.
Mr. Tremblay received a special permit from the ZBA on May 23, 2019 for the new sign, which is attached.
SUGGESTED MOTION:
Move to approve the placement of a free standing sign on the Northwest corner of the Town owned land at 45
Bedford Street *n accordance with the Zoning Board of Appeals decision of May 23, 2019 with exact
p lac ement to be determined after consultation with the Town Engineering Department, Police Department and
the Department of Public Facilities.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/12/2019 6:40 p.m.
ATTACHMENTS:
Description Type
D 8 1.0 Sign.SP 5 23 1.9 R.ev A ZBA 1)ecision. Coveir Memo
D (]avne Ilia Place N11[al-)s Clover Memo
TOWN OF LEXINGTON
DECISION OF THE BOARD OF APPEALS
Subject Property: 45 Bedford Street (Map 57, Lot 144)
Owner: Town of Lexington
Applicant: Denis J. Tremblay on behalf of Tremblay Real Estate Trust
Hearing Date: April 12, 2019 and May 9, 2019
Pursuant to notice in the Lexington Minuteman, a newspaper of general circulation in the
Town of Lexington, published on May 9, 2019 and May 16, 2019, and notice sent by mail,
postage prepaid, to all parties in interest pursuant to the provisions of Massachusetts General
Laws Chapter 40A, and notice posted as required by said Chapter 40A, a public hearing was
held on May 23, 2019, in the Town Office Building on the application of DENIS J. TREMBLAY
ON BEHALF OF TREMBLAY REAL ESTATE TRUST, for a SPECIAL PERMIT, in accordance
with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-5.2.10 and 135-
5.2.8.3 to allow a standing sign at 45 Bedford Street to indicate the entrance to 8-10 Camellia
Place.
The petitioner submitted the following information with the application: Nature and
justification, plans and photographs. Also received was a request to waive the requirement for a
certified plot plan.
Acting on the petition was Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood,
David G. Williams, and Norman P. Cohen.
Also present was Alternate William P. Kennedy
The staff present were Jennifer Gingras, Zoning Administrator, and Sharon Coffey,
Administrative Clerk.
Prior to the meeting, the petitions and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning
Director, the Historic District Commission Clerk, Historical Commission, Economic
Development, and the Zoning Administrator. Comments were received from the Zoning
Administrator, Conservation Administrator, and Engineering Department.
The Board discussed making it a condition to the decision that the DAC comments must
be adhered to and that any change in tenants would require a design consistent with what is
being approved.
There were no questions or comments from the Board. There were no questions or
comments from the audience.
Findings:
1. The Town of Lexington is the owner of the property located at 45 Bedford Street. Denis
J. Tremblay, is the agent for property owned by Tremblay Real Estate Trust, located at
8-10 Camellia Place, which is adjacent to 45 Bedford Street. Said property is located in
the Town of Lexington and is more particularly described in a deed recorded in the
Middlesex South District Registry of Deeds Book 69283, Page 546.
2. The land is situated in a zoning district classified under the Lexington Zoning By-law
(Bylaw), CH 135 of the Code of the Town of Lexington, as CRS (Retail Shopping).
45 Bedford Street (8-10 Camellia Place)
Special Permit May 23, 2019
3. 8-10 Camellia Place is a commercial building, located behind the lot where the newly
constructed Fire Station will be built at 45 Bedford Street. Currently, there are 3
businesses located in the building: Sherwin Williams Paints, Hit & Run, and Pet
Behavior.
4. As shown on the plans submitted with or in information otherwise referenced in the
application, the applicant seeks to install a 12 ft. by 75 in. standing sign along Bedford
Street, on the property at 45 Bedford Street. The proposed sign would be installed
approximately 7 ft. from the sidewalk edge.
5. The applicant applied to the Board for zoning relief under the applicable sections of CH
135 of the Code of the Town of Lexington, Zoning Bylaw (Bylaw), §§ 135-5.2.10 and
135-5.2.8.3 to allow the above listed work.
6. The Board finds that it can grant the special permit to modify existing standing signs
because the adverse effects of the proposed use will not outweigh its beneficial impacts
to the Town or the neighborhood with respect to each of the following criteria [Note:
Criteria in Italic, Finding in plain text]:
1. Specific factors set forth elsewhere in this Bylaw for the proposed use or activity.-
The proposed sign may be allowed if a special permit is granted. The special permit may
be granted when it is determined that the architecture of the building, the location of the
building with reference to the street or the nature of the establishment is such that the
sign should be permitted in the public interest. The public interest is served by the
proposed sign. The sign is required to identify the businesses that are located on
Camellia Place, approximately 400 ft from the center of the intersection of Bedford
Street, Worthen Road, and Camellia Place. The construction of the new Fire Station
Headquarters at 45 Bedford Street will result in a loss of visibility of the building in which
the applicants are located at 8-10 Camellia Place. The new sign will aid is visibility for
the applicants.
2. Social, economic, or community needs which are served by the proposal:
This criterion will not be adversely affected if the sign is modified.
3. Traffic flow and safety, including parking and loading:
Traffic flow and safety will be improved because of the proposed sign. The proposed
sign will not be illuminated. The proposed sign will be visible to the motorist from the
road.
4. Adequacy of utilities and other public services:
Adequate utilities exist to service the signs.
5. Neighborhood character and social structures:
The sign will be in keeping with the neighborhood. The sign will be replacing a
previously existing sign that has deteriorated.
Page 2 of 3
45 Bedford Street (8-10 Camellia Place)
Special Permit May 23, 2019
6. Impacts on the natural environment:
The sign will not have an adverse effect on the natural environment.
7. Potential fiscal impact, including impact on town services, tax base, and employment:
The proposed sign will have a positive impact to the business by allowing motorists to
effectively locate the site. The sign is required to be able to market the site.
Decision
On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted
5-0, to grant a SPECIAL PERMIT, in accordance with the Zoning By-Law (Chapter 135 of
the Code of Lexington) sections 135-5.2.10 and 135-5.2.8.3 to allow a standing sign at 45
Bedford Street to indicate the entrance to 8-10 Camellia Place subject to the following
conditions:
1. The sign shall be constructed in substantial conformance with the plans prepared by
Metro Sign and Awning, dated April 18, 2019.
2. The sign will adhere to the recommendations made by the Design Advisory
Committee (DAC), dated May 23, 2019 as follows:
a. 48 inch dimension from ground level to bottom of first tenant sign
b. Reduce height of sign to make it 11 ft 6 in. in height.
c. Reduce width of sign by moving posts closer together by 4 inches on each
sign to reduce the dimension from 63 inches to 55 inches.
3. The sign shall not be illuminated.
4. Any future sign revisions because of tenant changes will adhere to the same design
and conditions approved in this Special Permit.
The above listed zoning relief is for property located at 45 Bedford Street for a standing sign
indicating the entrance to 8-10 Camellia Place.
Page 3of3
Towne Lexington,, April 25, 2019
Camellia Place
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Town Manager Performance Evaluation Template and Goals Process
PRESENTER:
ITEM
NUMBER:
Doug Luc ente, Chair
I.4
SUMMARY:
In accordance with the Town Manager's Employment Agreement, "Board and Mr. Malloy will mutually
e s tab lis h goals for the ensuing year, and at least once each year, the Board will evaluate Mr. Malloy's
performance in relation to those goals and his general performance of duty." In preparation for this exercise,
for the review period of 10-1-2018 to 9-3 0-2019 the Board will discuss the proposed Town Manager
Performance Evaluation template and the proposed procedures attached to the packet.
The Board will also discuss the methodology to e s tab lis h the Goals for the Town Manager's upcoming year.
After researching other Town Manager Evaluation templates, the Chair and the Town Manager designed a new
scoring format that will address the key measures and will accommodate future measures. The attached "Town
Manager Performance Evaluation Template" is the result of this effort. The previous process put the Board
Chair at the center of the process to compile the individual evaluations. On the advice of Town Council and to
conform with recent Open Meeting Law cases a new process is required. Part of the new process is to assign
the Board's Executive Clerk as the person responsible for compiling the individual evaluations.
As an alternative approach, the Board could utilize the topics used for the past Town Manager Reviews which
was all narrative and to comply with OML, add the responsibility to the Executive Clerk to appropriately
summarize the information. The Town's HR Director does not recommend this approach since the revised
Evaluation Template will assist the Board Members in performing a comprehensive evaluation that will p ro vid e
the Town Manager with valuable feedback.
SUGGESTED MOTION:
Move to approve the revised Town Manager Performance Evaluation template and proposed process.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/12/2019 6:50 p.m.
ATTACHMENTS:
Description Type
D Dnift I'lerf'oniniance I�.valu.ati(,-.)n'IlFool (..A,-.)ver Mum
D Draft"I'MA�',valuafion.'I.Ime-fine. .3a,cb,.j-p Milaterial.
D 111.3raft 2 Clean. Cbver.Ml[erno
D Draill 2.Redlin.e (Awer Nl[efylo
Draft 11-5-2019
Town of Lexington
Town Manager Performance Review Policy
NAME:
REVIEWER:
REVIEW PERIOD:
DATE:
POLICY AND PURPOSE:
The purpose of this evaluation instrument is to formally evaluate the Town Manager's
performance on an annual basis. The document allows the Board to assess the Town Manager's
performance in key competency areas and in the accomplishment of goals. Through the
evaluation procedure, Board members will recognize strengths, offer positive feedback, and
suggest any areas that require corrective action.
Individual performance evaluation forms prepared by members of the Board are considered
work product/personal documents, and shall not be publicly released. The only document to
be released will be an overview document, compiling the scores and comments, prepared by
the Executive Clerk to the Board.
PROCEDURE:
1. The period of evaluation is October 1 through September 30.
2. The Town Manager will submit a narrative self-evaluation including a report on goal
achievement. A copy of the report and a blank evaluation form will be distributed to each
Board member.
3. Board members will complete their evaluation forms and provide them to the Executive
Clerk by a date set by the Chair.
4. The Executive Clerk will compile scores from individual evaluation forms and develop a
consensus overview document. In each of the competency areas, the Executive Clerk will
add the scores of each Selectman and divide by S to develop the composite score.
S. The Executive Clerk will give the individually completed performance evaluation forms to
the Director of Human Resources who will place them in the Town Manager's personnel
file.
6. The Executive Clerk will provide the Town Manager with the consensus evaluation overview
document at least one week prior to the date at which the document will be publicly
discussed.
Page - 1 - of 7 Initial
Draft 11-5-2019
7. The overview document will be released to the remaining board members when meeting
materials are publicly posted.
RATING METHODOLOGY& INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the Town Manager's performance.
5 = Excellent (almost always exceeds the performance standard)
4 = Above average (generally exceeds the performance standard)
3 = Average (generally meets the performance standard)
2 = Below average (usually does not meet the performance standard)
1 = Poor (rarely meets the performance standard)
Any item left blank will be interpreted as a score of "3 = Average".
This evaluation form also contains a provision for entering narrative comments, including an
opportunity to enter responses to specific questions and an opportunity to list any comments
you believe appropriate and pertinent to the rating period. Please write legibly.
Return all pages of this evaluation form. Initial each page. Sign and date the cover page. On
the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be summarized
into a performance evaluation to be presented by the Board of Selectmen to the Town
Manager as part of the agenda for the meeting indicated on the cover page.
KEY COMPETENCIES:
1. Individual Characteristics
Is diligent and thorough in the discharge of duties
Exercises good judgment
Displays enthusiasm, cooperation, and willingness to adapt
Exhibits composure and attitude appropriate for executive position
2. Professional Skills and Status
Maintains knowledge of current developments affecting the practice of local
government management
Demonstrates a capacity for innovation and creativity
Anticipates and analyzes problems to develop effective approaches for solving them
Demonstrates a willingness to try new ideas proposed by governing body members
and/or staff
Page - 2 - of 7 Initial
Draft 11-5-2019
Sets a professional example by handling affairs of the public office in a fair and impartial
manner
identifies professional development opportunities to continue personal development
3. Relations with Elected Members of the Board of Selectmen
Carries out directives of the Board as a whole as opposed to those of any one member
or minority group
Works with Chair to develop meeting agendas that reflect the guidance of the Board
and avoids unnecessary involvement in administrative actions
Disseminates complete and accurate information equally to all members in a timely
manner
Facilitates decision making without usurping authority
Responds well to requests, advice, and constructive criticism
4. Policy Execution
Implements actions in accordance with the intent of the Board
Supports the actions of the Board after a decision has been reached, both inside and
outside the organization
Understands, supports, and enforces the Town's By-Laws, policies, and regulations
Reviews policies and procedures periodically
Offers workable alternatives to the Board for changes in By-Laws or policy when an
existing policy or ordinance is no longer practical
5. Reporting
Provides regular information and reports to the Board concerning matters of
importance to the Town
Responds in a timely manner to requests from the Board for special reports
Takes the initiative to provide information, advice, and recommendations to the Board
on matters that are non-routine and not administrative in nature
Produces reports that are accurate, comprehensive, concise and written to their
intended audience
Produces and handles reports in a way to convey the message that affairs of the Town
are open to public scrutiny
6. Citizen Relations
Is responsive to requests from citizens
Demonstrates a dedication to service to the community and its citizens
Maintains a nonpartisan approach
Meets with and listens to members of the community to discuss their concerns and
strives to understand their interests
Page - 3 - of 7 Initial
Draft 11-5-2019
Monitors and makes appropriate efforts to maintain citizen satisfaction with Town
services
7. Staffing
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any areas of substandard
performance
Stays accurately informed and appropriately concerned about employee relations
Ensures professional management of the compensation and benefits plan
Promotes training and development opportunities at all levels of the organization
8. Supervision
Encourages department managers to make decisions within their jurisdictions with
minimal town manager involvement, yet maintains general control of operations by
providing the right amount of communication to staff
Instills confidence and promotes initiative in subordinates through supportive rather
than restrictive controls for their programs while still monitoring operations at the
department level
Develops and maintains a friendly and informal relationship with staff and work force in
general, yet maintains the professional dignity of the Town Manager's office
Sustains or improves staff performance by evaluating the performance of staff members
at least annually, setting goals and objectives for them, periodically assessing their
progress, and providing appropriate feedback
Encourages teamwork, innovation, and effective problem-solving among staff members
9. Fiscal Management
Prepares a preliminary balanced budget to provide services at a level deemed
appropriate by the Board
Makes the best possible use of available funds, conscious of the need to operate the
Town efficiently and effectively
Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Ensures actions and decisions reflect an appropriate level of responsibility for financial
planning, accountability and development of policies and long term financial planning to
meet the long-term budgetary needs of the Town
Appropriately monitors and manages fiscal activities of the organization
Works with all departments including the Superintendent on developing a fair revenue
allocation formula that meets the needs of the entire Town
Page -4- of 7 Initial
Draft 11-5-2019
10. Community
Shares responsibility for addressing issues facing the Town
Avoids unnecessary controversy
Cooperates with neighboring communities
Helps the Board address future needs and develop adequate plans to address long term
trends
Cooperates with other regional, state, and federal government agencies, including
Hanscom Air Force Base
NARRATIVE EVALUATION (Board of Selectmen to complete)
What would you identify as the manager's strength(s), expressed in terms of the principle
results achieved during the rating period?
What performance area(s) would you identify as most critical for improvement?
What constructive suggestions or assistance can you offer the manager to enhance
performance?
Page - 5 - of 7 Initial
Draft 11-5-2019
What other comments do you have for the manager; e.g., priorities, expectations, goals or
objectives for the new rating period?
PROGRESS TOWARD PRIOR YEAR GOALS (Town Manager to complete)
First year, no goals were set, goals will be set for the upcoming year
UNPLANNED ACTIONS/ACHIEVEMENTS (Town Manager to complete)
LEARNING AND DEVELOPMENT PLANS (Town Manager to complete)
Page - 6- of 7 Initial
Draft 11-5-2019
Town Manager Performance Evaluation Form
Acknowledgement of Receipt
This is to acknowledge the fact that the performance review was conducted by the Board of
Selectmen in accordance with the procedures and that the Town Manager has received the
overview document.
BOARD OF SELECTMEN
Date:
TOWN MANAGER
Date:
Page - 7 - of 7 Initial
Town Of Lexington
Proposed Town Manager Performance Evaluation Timeline
11/12/2019 - Board reviews draft Town Manager Performance Evaluation Template & Goals
Process. Potential vote to approve template.
11/19/2019 - Deadline for Board Members to return completed Town Manager Performance
Evaluation Form and Proposed Town Manager Goals to Executive Clerk. Town Manager will
also submit self-assessed Goals to Executive Clerk.
11/21/2019 - Executive Clerk will compile proposed Goals and send the Board a master list of
all Goals for Board Members and Town Manager to rank the top 10 Goals.
11/25/2019 - Deadline for Board to return ranked goals to the Executive Clerk. Each Board
member and the Town Manager will pick up to 7 goals.
12/2/2019 - Annual Performance Evaluation Meeting - Individual Evaluations and top 10 Goals
will be summarized and compiled into a master Performance Evaluation and included on the
agenda for discussion and potential approval by the Board.
Draft#2: 11-12-2019
Town of Lexington
Town Manager Performance Review Policy
NAME:
REVIEWER:
REVIEW PERIOD:
DATE:
POLICY AND PURPOSE:
The purpose of this evaluation instrument is to formally evaluate the Town Manager's
performance on an annual basis. The document allows the Board to assess the Town Manager's
performance in key competency areas and in the accomplishment of goals. Through the
evaluation procedure, Board members will recognize strengths, offer positive feedback, and
suggest any areas that require corrective action.
Individual performance evaluation forms prepared by members of the Board are considered
work product/personal documents, and shall not be publicly released. The only document to
be released will be an overview document, compiling the scores and comments, prepared by
the Executive Clerk to the Board.
PROCEDURE:
1. The period of evaluation is October 1 through September 30.
2. The Town Manager will submit a narrative self-evaluation including a report on goal
achievement. A copy of that self-evaluation/goal achievement and a blank evaluation form
will be distributed to each Board member.
3. Board members will complete their evaluation forms and provide them to the Executive
Clerk by a date set by the Chair.
4. The Executive Clerk will compile scores from individual evaluation forms and develop a
consensus overview document. In each of the competency areas, the Executive Clerk will
add the scores of each Selectman and divide by S to develop the composite score.
S. The Executive Clerk will give the individually completed performance evaluation forms to
the Director of Human Resources who will place them in the Town Manager's personnel
file.
6. The Executive Clerk will provide the Town Manager with the consensus evaluation overview
document at least one week prior to the date at which the document will be publicly
discussed.
Page - 1 - of 8 Initial
Draft#2: 11-12-2019
7. The overview document will be released to board members when meeting materials are
publicly posted.
RATING METHODOLOGY& INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the Town Manager's performance.
5 = Excellent (almost always exceeds the performance standard)
4 = Above average (generally exceeds the performance standard)
3 = Average (generally meets the performance standard)
2 = Below average (usually does not meet the performance standard)
1 = Poor (rarely meets the performance standard)
N/A = No knowledge/Not able to rate
Any item left blank will be interpreted as a score of "3 = Average".
This evaluation form also contains a provision for entering narrative comments, including an
opportunity to enter responses to specific questions and an opportunity to list any comments
you believe appropriate and pertinent to the rating period. Please write legibly.
Return all pages of this evaluation form. Initial each page. Sign and date the cover page. On
the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be summarized
into a performance evaluation to be presented by the Board of Selectmen to the Town
Manager as part of the agenda for the meeting indicated on the cover page.
KEY COMPETENCIES:
1. Individual Characteristics
Is diligent and thorough in the discharge of duties
Exercises good judgment
Displays enthusiasm, cooperation, and willingness to adapt
Exhibits composure and attitude appropriate for executive position
2. Professional Skills and Status
Maintains knowledge of current developments affecting the practice of local
government management
Demonstrates a capacity for innovation and creativity
Anticipates and analyzes problems to develop effective approaches for solving them
Page - 2 - of 8 Initial
Draft#2: 11-12-2019
Demonstrates a willingness to try new ideas proposed by governing body members
and/or staff
Sets a professional example by handling affairs of the public office in a fair and impartial
manner
identifies professional development opportunities to continue personal development
3. Relations with Elected Members of the Board of Selectmen
Carries out directives of the Board as a whole as opposed to those of any one member
or minority of the Board
Works with Chair to develop meeting agendas that reflect the guidance of the Board
and avoids unnecessary involvement in administrative actions
Disseminates complete and accurate information equally to all members in a timely
manner
Facilitates decision making without usurping authority
Responds well to requests, advice, and constructive criticism
4. Policy Execution
Implements actions in accordance with the intent of the Board and the goals established
by the Board and aligns internal organizational goals with the Board's goals.
Supports the actions of the Board after a decision has been reached, both inside and
outside the organization
Understands, supports, and enforces the Town's By-Laws, policies, and regulations
Reviews policies and procedures periodically
Offers workable alternatives to the Board for changes in By-Laws or policy when an
existing policy or ordinance is no longer practical
S. Reporting
Provides regular information and reports to the Board concerning matters of
importance to the Town
Responds in a timely manner to requests from the Board for special reports
Takes the initiative to provide information, advice, and recommendations to the Board
on matters that are non-routine and not administrative in nature
Produces reports that are accurate, comprehensive, concise and written to their
intended audience
Produces and handles reports in a way to convey the message that affairs of the Town
are open to public scrutiny
6. Citizen Relations
Is responsive to requests from citizens
Demonstrates a dedication to service to the community and its citizens
Page - 3 - of 8 Initial
Draft#2: 11-12-2019
Maintains a nonpartisan approach
Meets with and listens to members of the community to discuss their concerns and
strives to understand their interests
Monitors and makes appropriate efforts to maintain citizen satisfaction with Town
services
7. Staffing
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any areas of substandard
performance
Stays accurately informed and appropriately concerned about employee relations
Ensures professional management of the compensation and benefits plan
Promotes training and development opportunities at all levels of the organization
Conducts labor relations in accordance with law and balances the impacts of employee
morale and fiscal responsibility with comparable communities to ensure the Town
retains the best staffing possible.
8. Supervision
Encourages department managers to make decisions within their jurisdictions with
minimal town manager involvement, yet maintains general control of operations by
providing the right amount of communication to staff
Instills confidence and promotes initiative in subordinates through supportive rather
than restrictive controls for their programs while still monitoring operations at the
department level
Develops and maintains a friendly and informal relationship with staff and work force in
general, yet maintains the professional dignity of the Town Manager's office
Sustains or improves staff performance by evaluating the performance of staff members
at least annually, setting goals and objectives for them, periodically assessing their
progress, and providing appropriate feedback
Encourages teamwork, innovation, and effective problem-solving among staff members
9. Fiscal Management
Prepares a preliminary balanced budget to provide services at a level deemed
appropriate by the Board
Makes the best possible use of available funds, conscious of the need to operate the
Town efficiently and effectively
Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Ensures actions and decisions reflect an appropriate level of responsibility for financial
planning, accountability and development of policies and long term financial planning to
meet the long-term budgetary needs of the Town
Page -4- of 8 Initial
Draft#2: 11-12-2019
Appropriately monitors and manages fiscal activities of the organization
Works with all departments including the Superintendent on developing a fair revenue
allocation formula that meets the needs of the entire Town
Page - 5 - of 8 Initial
Draft#2: 11-12-2019
10. Community
Shares responsibility for addressing issues facing the Town
Avoids unnecessary controversy
Cooperates with neighboring communities
Helps the Board address future needs and develop adequate plans to address long term
trends
Cooperates with other regional, state, and federal government agencies and officials,
including Hanscom Air Force Base
NARRATIVE EVALUATION (Board of Selectmen to complete)
What would you identify as the manager's strength(s), expressed in terms of the principal
results achieved during the rating period?
What performance area(s) would you identify as most critical for improvement?
What constructive suggestions or assistance can you offer the manager to enhance
performance?
Page - 6- of 8 Initial
Draft#2: 11-12-2019
What other comments do you have for the manager; e.g., priorities, expectations, goals or
objectives for the new rating period?
PROGRESS TOWARD PRIOR YEAR GOALS (Town Manager to complete)
First year, no goals were set, goals will be set for the upcoming year
UNPLANNED ACTIONS/ACHIEVEMENTS (Town Manager to complete)
LEARNING AND DEVELOPMENT PLANS (Town Manager to complete)
Page - 7 - of 8 Initial
Draft#2: 11-12-2019
Town Manager Performance Evaluation Form
Acknowledgement of Receipt
This is to acknowledge the fact that the performance review was conducted by the Board of
Selectmen in accordance with the procedures and that the Town Manager has received the
overview document.
BOARD OF SELECTMEN
Date:
TOWN MANAGER
Date:
Page -8- of 8 Initial
Draft 11 -2019
Town of Lexington
Town Manager Performance Review Policy
NAM E:
REVIEWER:
REVIEW PERIOD:
DATE:
POLICY AND PURPOSE:
The purpose of this evaluation instrument is to formally evaluate the Town Manager's
performance on an annual basis. The document allows the Board to assess the Town Manager's
performance in key competency areas and in the accomplishment of goals. Through the
evaluation procedure, Board members will recognize strengths, offer positive feedback, and
suggest any areas that require corrective action.
Individual performance evaluation forms prepared by members of the Board are considered
work product/personal documents, and shall not be publicly released. The only document to
be released will be an overview document, compiling the scores and comments, prepared by
the Executive Clerk to the Board.
PROCEDURE:
1. The period of evaluation is October 1 through September 30.
2. The Town Manager will submit a narrative self-evaluation including a report on goal
achievement. A co pY of ::ii � and a blank
evaluation form will be distributed to each Board member.
3. Board members will complete their evaluation forms and provide them to the Executive
Clerk by a date set by the Chair.
4. The Executive Clerk will compile scores from individual evaluation forms and develop a
consensus overview document. In each of the competency areas, the Executive Clerk will
add the scores of each Selectman and divide by 5 to develop the composite score.
5. The Executive Clerk will give the individually completed performance evaluation forms to
the Director of Human Resources who will place them in the Town Manager's personnel
file.
6. The Executive Clerk will provide the Town Manager with the consensus evaluation overview
document at least one week prior to the date at which the document will be publicly
discussed.
Page - 1 - of 8 Initial
Draft 11 -2019
I7. The overview document will be released to board members when meeting
materials are publicly posted.
RATING METHODOLOGY& INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the Town Manager's performance.
5 = Excellent (almost always exceeds the performance standard)
4 = Above average (generally exceeds the performance standard)
3 = Average (generally meets the performance standard)
2 = Below average (usually does not meet the performance standard)
1 = Poor (rarely meets the performance standard)
Any item left blank will be interpreted as a score of"3 = Average".
This evaluation form also contains a provision for entering narrative comments, including an
opportunity to enter responses to specific questions and an opportunity to list any comments
you believe appropriate and pertinent to the rating period. Please write legibly.
Return all pages of this evaluation form. Initial each page. Sign and date the cover page. On
the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be summarized
into a performance evaluation to be presented by the Board of Selectmen to the Town
Manager as part of the agenda for the meeting indicated on the cover page.
KEY COMPETENCIES:
1. Individual Characteristics
Is diligent and thorough in the discharge of duties
Exercises good judgment
Displays enthusiasm, cooperation, and willingness to adapt
Exhibits composure and attitude appropriate for executive position
2. Professional Skills and Status
Maintains knowledge of current developments affecting the practice of local
government management
Demonstrates a capacity for innovation and creativity
Anticipates and analyzes problems to develop effective approaches for solving them
Page - 2 - of 8 Initial
Draft 11 -2019
Demonstrates a willingness to try new ideas proposed by governing body members
and/or staff
Sets a professional example by handling affairs of the public office in a fair and impartial
manner
identifies professional development opportunities to continue personal development
3. Relations with Elected Members of the Board of Selectmen
Carries out directives of the Board as a whole as opposed to those of any one member
I or minority g+eW,"o�� I"i. !!
Works with Chair to develop meeting agendas that reflect the guidance of the Board
and avoids unnecessary involvement in administrative actions
Disseminates complete and accurate information equally to all members in a timely
manner
Facilitates decision making without usurping authority
Responds well to requests, advice, and constructive criticism
4. Policy Execution
Implements actions in accordance with the intent of the Board n t1,� � � st b I s I �
p �
Supports the actions of the Board after a decision has been reached, both inside and
outside the organization
Understands, supports, and enforces the Town's By-Laws, policies, and regulations
Reviews policies and procedures periodically
Offers workable alternatives to the Board for changes in By-Laws or policy when an
existing policy or ordinance is no longer practical
5. Reporting
Provides regular information and reports to the Board concerning matters of
importance to the Town
Responds in a timely manner to requests from the Board for special reports
Takes the initiative to provide information, advice, and recommendations to the Board
on matters that are non-routine and not administrative in nature
Produces reports that are accurate, comprehensive, concise and written to their
intended audience
Produces and handles reports in a way to convey the message that affairs of the Town
are open to public scrutiny
6. Citizen Relations
Is responsive to requests from citizens
Demonstrates a dedication to service to the community and its citizens
Page - 3 - of 8 Initial
Draft 11 -2019
Maintains a nonpartisan approach
Meets with and listens to members of the community to discuss their concerns and
strives to understand their interests
Monitors and makes appropriate efforts to maintain citizen satisfaction with Town
services
7. Staffing
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any areas of substandard
performance
Stays accurately informed and appropriately concerned about employee relations
Ensures professional management of the compensation and benefits plan
Promotes training and development opportunities at all levels of the organization
es
ryii o r-a I ii��Iri(11 ftisci:::,!l
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8. Supervision
Encourages department managers to make decisions within their jurisdictions with
minimal town manager involvement, yet maintains general control of operations by
providing the right amount of communication to staff
Instills confidence and promotes initiative in subordinates through supportive rather
than restrictive controls for their programs while still monitoring operations at the
department level
Develops and maintains a friendly and informal relationship with staff and work force in
general, yet maintains the professional dignity of the Town Manager's office
Sustains or improves staff performance by evaluating the performance of staff members
at least annually, setting goals and objectives for them, periodically assessing their
progress, and providing appropriate feedback
Encourages teamwork, innovation, and effective problem-solving among staff members
9. Fiscal Management
Prepares a preliminary balanced budget to provide services at a level deemed
appropriate by the Board
Makes the best possible use of available funds, conscious of the need to operate the
Town efficiently and effectively
Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Ensures actions and decisions reflect an appropriate level of responsibility for financial
planning, accountability and development of policies and long term financial planning to
meet the long-term budgetary needs of the Town
Page -4- of 8 Initial
Draft 11 -2019
Appropriately monitors and manages fiscal activities of the organization
Works with all departments including the Superintendent on developing a fair revenue
allocation formula that meets the needs of the entire Town
Page - 5 - of 8 Initial
Draft 11 -2019
10. Community
Shares responsibility for addressing issues facing the Town
Avoids unnecessary controversy
Cooperates with neighboring communities
Helps the Board address future needs and develop adequate plans to address long term
trends
ICooperates with other regional, state, and federal government age nciesl, o,,f" "ic , ,
including Hanscom Air Force Base
NARRATIVE EVALUATION (Board of Selectmen to complete)
What would you identify as the manager's strength(s), expressed in terms of the
results achieved during the rating g gperiod?
What performance area(s) would you identify as most critical for improvement?
What constructive suggestions or assistance can you offer the manager to enhance
performance?
Page - 6- of 8 Initial
Draft 11 -2019
What other comments do you have for the manager; e.g., priorities, expectations, goals or
objectives for the new rating period?
PROGRESS TOWARD PRIOR YEAR GOALS (Town Manager to complete)
First year, no goals were set, goals will be set for the upcoming year
UNPLANNED ACTIONS/ACHIEVEMENTS (Town Manager to complete)
LEARNING AND DEVELOPMENT PLANS (Town Manager to complete)
Page - 7 - of 8 Initial
Draft 11 -2019
Town Manager Performance Evaluation Form
Acknowledgement of Receipt
This is to acknowledge the fact that the performance review was conducted by the Board of
Selectmen in accordance with the procedures and that the Town Manager has received the
overview document.
BOARD OF SELECTMEN
Date:
TOWN MANAGER
Date:
Page -8- of 8 Initial
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
2019 Special Town Meeting - Article Positions/Discussion
PRESENTER: ITEM
NUMBER:
Board Discussion 1.5
SUMMARY:
Board discussion regarding 2019 Special Town Meeting
• Article Discussions
• Article Positions
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
11/12/2019 7:05 p.m.
ATTACHMENTS:
Description Type
D 201.91 s',�rvi[waifraint 13ackup MI[aterial.
D 20.19 STVII.I-Iosition.(-1-i.aft I 3a.ckup MIlaterial
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TOWN OF LEXINGTON WARRANT
Special Town Meeting 2019-1
Commonwealth of Massachusetts Middlesex, ss.
To any of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts,you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet in the Margery Milne Battin Hall in Cary
Memorial Building, 1605 Massachusetts Avenue, Lexington, MA 02420 on Tuesday,November 12,2019 at 7:30
pm., at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 1 REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
To see if the Town will receive the reports of any Board or Town Officer or of any Committee of the Town; or act in
any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This Article remains open throughout Town Meeting and reports may be presented
at any Town Meeting session by boards, officers, or committees.
ARTICLE 2 APPROPRIATE FOR PRIOR YEAR'S UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year
in which the goods were received or the services performed and for which no money was encumbered.
ARTICLE 3 APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS
To see if the Town will vote to appropriate sums of money to and from Stabilization Funds in accordance with Section
5B of Chapter 40 of the Massachusetts General Laws for the purposes of: (a) Section 135 Zoning By-Law,(b)Traffic
Mitigation, (c) Transportation Demand Management/Public Transportation, (d) Special Education, (e) Center
Improvement District, (f)Debt Service, (g)Transportation Management Overlay District, (h) Capital, (i)Payment in
Lieu of Parking, 0)Visitor Center Capital Stabilization Fund, (k)Affordable Housing Capital Stabilization Fund, (1)
Water System Capital Stabilization Fund,and(m)Ambulance Stabilization Fund;determine whether such sums shall
be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This Article proposes to fund Stabilization Funds for specific purposes and to
appropriate funds there from. Money in those funds may be invested and the interest may then become
a part of the particular fund. These funds may later be appropriated for the specific designated purpose,
by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 4 AMEND FY2020 OPERATING,ENTERPRISE,REVOLVING AND
CPA BUDGETS
To see if the Town will vote to make supplementary appropriations,to be used in conjunction with money appropriated
under Articles I I, 12, 13,and 14 of the warrant for the 2019 Annual Town Meeting,to be used during the current fiscal
year, or make any other adjustments to the current fiscal year budgets and appropriations that may be necessary; to
determine whether the money shall be provided by transfer from available funds including the Community Preservation
Fund; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2020)
appropriations.
ARTICLE 5 AMEND ZONING BYLAW FROM CD-1 DISTRICT TO CSX DISTRICT-7
HARTWELL AVENUE (OWNER PETITION)
To see if the Town will vote to amend the Zoning Bylaw and Map to convert the current CD-1 Zoning District to the
CSX Zoning District on the property located at 7 Hartwell Avenue and known as Town of Lexington Assessors'Map
84, Lot 81 and as shown on a GIS plan obtained from the Town of Lexington real property database, on file with the
Town, or to act in any manner in relation thereto.
(Inserted by 7 Hartwell, LLC)
DESCRIPTION: The article requests an amendment to the Zoning Bylaw and Map in order to allow additional uses
at the site. The location of the property is shown on a GIS plan obtained from the Town of Lexington real property
database. This plan is on file with the Lexington Town Clerk and the Lexington Planning Board.
ARTICLE 6 AMEND ZONING BYLAW TO RESTRICT AUTOMATIC
TELLER MACHINE AS PRINCIPAL USE IN THE CENTER BUSINESS DISTRICT
To see if the Town will vote to amend the Zoning Bylaw,Chapter 13 5 § 3.4,Table 1,Row H. 1.07,to restrict automatic
teller machine use in the Center Business district and Chapter 135 § 10.1, to add a definition for "automatic teller
machine"; or act in any relation thereto.
(Inserted by the Board of Selectmen at the request of the Planning Board)
DESCRIPTION: This Article proposes to restrict stand-alone automatic teller machines in the Center Business
district.
ARTICLE 7 AMEND ZONING BYLAW AND MAP-186 BEDFORD
STREET(OWNER PETITION)
To see if the Town will vote to amend the Zoning Map and Bylaw of the Town,based on the information provided in
the applicant's Preliminary Site Development and Use Plan ("PSDUP") for the property commonly known as Town
of Lexington Assessors'Map 64, Parcel 68 at 186 Bedford Street; or to act in any other manner relative thereto.
(Inserted by 186 Bedford St, LLC)
DESCRIPTION: The proposed Article would rezone the property from the present RS One Family Dwelling District
to a PD Planned Development District. This would allow for renovation and addition to the existing buildings on the
above parcel which is identified on a Plan entitled:Proposed Mixed-Use Development- 186 Bedford Street,Lexington,
Massachusetts/Preliminary Site Development and Use Plan filed June 6,2019 and revised August 22,2019,prepared
by Highpoint Engineering,Inc.and on file with the Lexington Town Clerk and Planning Board,with metes and bounds
shown on the Legal Description.
ARTICLE 8 APPROPRIATE FUNDING FOR 25% DESIGN OF THE
ROUTE 4/225 BEDFORD STREET HARTWELL AVENUE-WOOD STREET
TRANSPORTATION IMPROVEMENT PROJECT
To see if the Town will vote to appropriate a sum of money for the Route 4/225 Bedford Street,Hartwell Avenue, and
Wood Street Transportation Improvement Project; and authorize the Selectmen to take by eminent domain,purchase
or otherwise acquire any fee, easement or other interests in land necessary therefor; determine whether the money
shall be provided by the tax levy, by transfer from available funds, including enterprise funds, by borrowing, or by
any combination of these methods; determine if the Town will authorize the Selectmen to apply for, accept, expend
and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $1,500,000
DESCRIPTION: This Article will appropriate funding to develop 25% design for a major
transportation improvement project which includes minor improvements on Wood Street, four travel
lanes in most of the project corridor with three travel lanes in southern portion of Hartwell Avenue,a
sidewalk or multi-modal path and bike lanes on both sides of the roadways; raised center medians;
safe pedestrian accommodations and crossings; and reconstruction of major intersections: Bedford
Street and Hartwell Avenue intersection as well the intersection of the on and off ramps to I-95. A
future request for the Town to fund through 100% design and Plans, Specifications, and Estimates
would follow at a later Town Meeting. This critical funding of 25%design plans will enable the Town
to stay on the state's Long Range Transportation Plan to eventually obtain external resources to fund
construction costs to bring the project through completion.
ARTICLE 9 LED STREETLIGHT CONVERSION
To see if the Town will vote to appropriate a sum of money for the purposes of acquiring and installing light emitting
diode (LED) streetlights to replace existing streetlights in the Town, and for other costs incidental or related thereto;
determine whether the money will be provided by the tax levy,by transfer from available funds,by borrowing,grants,
donations,gifts,or other available monies or by any combination of these methods;determine if the Town will authorize
the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $821,183
DESCRIPTION: This Article is to fund replacement of the 3000 plus streetlights in Town from
induction lights to the more energy efficient LED lights. The Town is eligible for a state grant to pay
a portion of this conversion cost(approximately 30%).
And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as
provided in the Bylaws of the Town.
Hereof fail not and make due return of this warrant,with your doings thereon,to the Town Clerk, on or before the
time of said meeting.
Given under our hands this 7th day of October, 2019.
Douglas M. Lucente, Chairman Selectmen
Joseph N. Pato
Suzanne E. Barry of
Jill I. Hai
Mark D. Sandeen Lexington
A true copy,Attest:
Constable of Lexington
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