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HomeMy WebLinkAbout1971-12-06-BOS-min 157 SELECTMEN'S MEETING December 6, 1971 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, December 6, 1971, at 7 30 p.m. Chairman Cateldo, Messrs. Kenney, Bailey and Busa, and Mrs. Riff in; Mr Legro, Town Counsel ; Mr. O'Connell, Town Manager and Mrs. McCurdy, Executive Clerk were present. At the request of the Town Clerk, fourteen jurors were drawn, as fo l lows Erivan Hagopian 7 Carol Lane Charles L. Whipple 28 Percy Road Reginald Hall 84 Middle Street Howard D. Ryder 2 Wilson Road Lawrence A. Smodke 5 Pine Knoll Road Jurors Robert R. Silva 48 Forest Street John A. Quimby 377 Lincoln Street Barry R. Daley 51 Laconia Street Jay J. Schleckman IS Hickory Street Lawrence P. Zopatti 26 Young Street Charles G. Crothers 15 Woodcliffe Road George B. Gedigian 7 Rolling Lane Daniel S. Castanheira 17 Emerald Street John P Spuria 393 Lincoln Street Attorney Nicholas Mazzoni appeared before the Board regarding the petition of the Mobil 011 Company to increase the gasoline storage from 9,000 gallons to 14, 000 gallons on the premises at the Colonial Garage, Inc., 1668 Massachusetts Avenue. A legal hearing had been held, and tabled, on, September 13, 1971 because an incorrect plan had been sub- mitted by the petitioner Attorney Mazzoni submitted a plan to the Board which had been Mobil approved by Fire Chief Spellman. He said there is no change in the Colonial exterior storage and the Mobil Oil Company requests approval of an Garage additional 5,000 gallon underground storage tank for a third product; this would increase the underground storage from 9,000 gallons to 14,000 gallons of gasoline in underground tanks. No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Mobil Oil Company to install an additional 5,000 gallon underground gasoline tank on the premises of Colonial Garage, Inc., 1668 Massachusetts Avenue, and to issue a new license as follows To keep, store and sell 14,000 gallons of gasoline, 1 ,000 gallons of waste oil, 500 gallons of fuel oil to be used to heat the building, all in 158 underground tanks, 600 gallons of motor oil, 300 gallons of anti- freeze, 80 gallons of hydromatic fluid, 40 gallons of gasoline in tanks, 60 gallons of brake fluid, 200 gallons of oil and gasoline, all in approved containers above ground. Chairman Cataldo informed the Board that representatives f Honey- Honeywell well Radiation Lab is meeting with the Planning Board this evening to discuss expansion plans and the need for rezoning their land at Forbes Road to permit manufacturing. No member of the Board is able to at- tend but Mrs. Brown is to send us a report The Chairman said that a meeting had been held last Friday morning to implement the 26-period payroll plan for the School Department and the Board agreed, subject to the condition that the School Department assume the responsibility for any overtime incurred for this program. Mrs Riff in Did Mr Perry say there would be overtime? Chairman Cataldo Mr Perry said as far as a 12-month period is concerned, he couldn't tell ; it would depend on the weather. They have an internal problem, which is not the Selectmen' s responsibility. 1 conveyed our vote to Mr. Maclnnes and when he finally contacted the Chairman, he said that Mr Maguire would not accept the terms. I said that if Mr Maguire would not accept it, that is his prerogative. This School morning, I met with Dr. Fobert and he has made an administrative deci- Department sion to implement the 26-period payroll plan; now, whether the School 26-period Committee supports him, this is their battle, not ours If any Board Payroll wants to implement a program or project, it should be willing to assume Plan the responsibility for it. I told him we were not budgeted for over- time. Mrs. Riff in Is the overtime for a specific time span? Chairman Cataldo It was agreed to implement it for one year not to exceed $2,000. They have to straighten out amongst themselves who has the responsibility. Upon motion duly made and seconded, it was voted to confirm. the understanding and to authorize the Comptroller to implement the re- quest of the School Committee for a 26-period payroll schedule, with the condition that the School Committee accept the responsibility for any overtime cost incurred for this program. Chairman Cataldo informed the Board that the Board voted on April 14, 1971 to grant permission to Early Massachusetts Records of Boston to inventory and microfilm Town records prior to 1830. This vote did Micro- not include an agreement that one film is to be given to the Town and filming the corporation will sell films at cost to libraries and similar insti- Town tutions. A new vote must be taken. They want to come on December 8 Records and Miss McDonough will be present at all times; if she is absent, her assistant will be present. Upon motion duly made and seconded, it was voted to grant permis- sion to Early Massachusetts Records, 1154 Boylston Street, Boston, Mass. , to inventory microfilm and reproduce Town records prior to 1830 159 (one film to be given to the Town and the corporation will sell films at cost to libraries and similar institutions) Permission is granted subject to the restriction that a member of the Town organization is to be present at all times during the project Mr. Legro informed the Board that he had prepared the Order of Tak- ing for the Wood Street trunk sewer easements from the existing sewer to Wood St a point northerly to Patterson Road, with an award of no damages Trunk Upon motion duly made and seconded, it was voted to sign the Order Sewer of Taking for the Wood Street trunk sewer easements from the existing Easements sewer to a point northerly to Patterson Road, with an award of no damages. Mr Legro requested the Board to sign the deed to convey a parcel sof land on Waltham Street to the Arts and Crafts Society, as authorized under Article 7 of the June 14, 1971 Special Town Meeting, subject to the restriction on the rear parcel,part of which not be paved for park- Arts & ing or used for parking for a period of 99 years Crafts Upon motion duly made and seconded, it was voted to sign the deed Land to convey a parcel of land on Waltham Street to the Arts and Crafts Society, subject to the restriction on the rear parcel that it not be paved for parking or used for parking for a period of 99 years. Mr, Legro requested the Board to sign the contract to Jay Mor Con- struction of Pelham, New Hampshire, in the amount of $2288, for the demolition of the Harrington House Mr Legro approved the contract Harringtoi as to form but noted that there were some minor deficiencies in the House insurance papers that would be clarified Demolitioi Upon motion duly made and seconded, it was voted to sign the con- tract with Jay Mor Construction of Pelham, New Hampshire, for the demolition of the Harrington House, in the amount of $2288 Mr. Legro informed the Board that the Housing Authority is not yet ready to completely accept the conveyance to the Town of the parcel of land off Waltham Street He had asked for the reconveyance to be in Housing his hands by Thursday. Authority The Board agreed that Chairman Cataldo is to contact Mr Scanlon and inform him to be ready by this Friday. Mr. Jaquith and Mr Wolfe of Somerset Road met with the Board to request the installation of a private sewer through easements on their property Mr Mead is the third party involved. Chairman Cataldo These gentlemen are looking for a sewer to be Private extended on Somerset Road and have agreed to extend the sewer them- Sewer selves, if we give them permission, they would assume full responsi- Somerset bility and full cost of the extension and turn over the deed and the Road easement A report from the Town Engineer states that their contractor estimates it will cost them $2,700. At contract prices, should the Town desire to build this as a sewer lateral extension instead of a I 160 private three-way service, we estimate the cost at $7,500 including contingencies Preliminary studies indicate that the route chosen by their engineer would be similar to the route the Town would take under the sewer lateral program. That is to say that we would design a shallow sewer in Somerset Road for houses on the southerly side of the street and service the remaining homes on the northerly side, to the rear through an easement The three property owners are aware of the betterments that would have to be charged for the sewer, Mr. Wolfe $986.64, Mr Meade, $1,584. 14 and Mr. Jaquith, $907 50. The easement would have to be drawn up such that it 'Included perpetual rights satisfactory to all parties to allow for proper construction and main- tenance. If the Board desires to allow this private sewer to be Wit, the Town should bring this sewer off to the side of the road as a ser- vice connection, insure the contractor acquires the proper permits, and assess the proper sewer charges in lieu of betterments against the respective properties. Mr Jaquith said that the basis problem is the cost over and above what we wou l d pay Chairman Cataldo I am sure if you construct this sewer, there ' would be sympathy of the Board for abatement but until betterments are assessed, we can't act on it. The Board then sitting would make the determination but I think it would be safe to say if this Board were to sit, there would be some consideration for it Upon motion duly made and seconded, it was voted that Ito Board agrees to have the Town Engineer work with Mr Wilbur Jaquith, 42 Somerset Road, Mr. Louis Mead, 38 Somerset Road and Mr RussellWolfe, 24 Somerset Road, for the approval of plans and specifications and the Town will extend service across Franklin Road and allow their con- 1 tractor to construct a sewer, with no cost to the Town; with the restriction that the deed and a grant of utilities be given to the Town Mr Jaquith and Mr Wolfe agreed and retired from the meeting Mrs Cochin of the Tri Town Association met with the Board to discuss the current status of the engineering studies on the strip of land at the Burlington line, and whether the studies have been com- pleted Chairman Cataldo Mr Gilson of your Association wrote to us recommending that some legislation be drawn As far as we are con- Lexington- cerned, with the Article recently passed by the Burlington Town Burlington Meeting and the acquisition of the strip within Lexington along the Land Burlington-Lexington line, we are working in the right direction far the protection of the Town There is no question we have to 'make the taking; it is being surveyed and we hope to make this taking and the Green and White taking As far as legislation to be filed is concerned, we feel that our State Representatives should recommend some possible legislation for our evaluation This type of legislation is most dif- ficult to draft because of the possibility of it being unconstitutional or being very difficult to implement; therefore, they would have a better knowledge of what could pass the legislature and be upheld in court ' i61 Mrs. Cochin Once the survey is completed, could you give an idea of the timetable? Chairman Cataldo As soon as it is humanly possible for us to get the necessary forms, get them signed and recorded. Mr. Legro How many parcels of property are involved? Mrs. Couchin The ownership of that strip is not in the hands of residents I think there are only about five parcels. Mr Legro It would take 30 to 60 days for a title examination. Chairman Cataldo There would have to be a title examination on each parcel . Mrs Cochin There are land registration proceedings which could be before the court in February and there is a question in the pro- ceedings that an ancient right of way might be established Chairman Cataldo We will do it as fast as we can; we will do the title searches immediately. We see no other way to guarantee the protection of access. Mrs. Couchin All the residents would like to thank the Selectmen for their cooperation. Mrs. Cochin retired from the meeting. Mr O'Connell requested approval of a transfer from the Reserve Fund to Account #2700 - Tax Collector in the amount of $650 The Tax Collector wishes to purchase an additional safe; this is an unplanned Transfer and an unexpected requirement and would be a reconditioned safe Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #2700 in the amount of $650 Mr. O'Connell discussed child day care centers. There are plans for the Manpower Affairs to provide jobs for these and they are asking if the Town would-be interested; about 20 jobs would be made available Day Care to the 5-Town consortium Lexington would receive, under the alloca- Centers 'N on, ,2 or 3 ,jobs at the most There are 15 centers listed by the Board of Health The Board agree' that Mr O'Connell is to write to the Manpower Affairs that we are interested. Mrs Miller and Mrs. Hals of the League of Women Voters met with the Board to discuss a recycling program Mrs Hals We have been studying solid wasteyfor some time. On recycling., we are concerned about the waste materials, trees, etc. being thrown away and to begin a major effort to minimize what each Recycling person throws away We have come up with a plan that is a copy of a plan already in existence in different places in the country and it would be to have an area located, hopefully, on a blacktop area for people to drive through. Logs could be dumped there and people could come and use chain saws to cut them. Leaves that accumulate in the spring could be removed from plastic bags and put in rows to turn into compost piles to be used by the Town instead of purchasing fertilizer 162 The logs could be given away or sold for a minimal fee. It is now il- legal for people to come and take anything out of the dumping area and residents have expressed a wish to take them away There would be an- other place for all kinds of appliances and scrap metal can be taken to Chelsea and sold for $9.00 per ton, or arrange for a scrap metal dealer to pick up and take it away; he takes it away for nothing. There would be an area for recycling glass, which is worth $20.00 a ton; transportation would be down to Dayville, Connecticut, and would cost $10.00 a ton to truck it, each truck load carries 7 to 8 tons It has been complicated to recycle glass because of aluminum rings but we are working on that Glass still has to be separated into differ- ent colors and we have asked for 7 different containers We would like to continue in can recycling, Miller charges $5 00 a ton for that and on every truck load we get a little profit There is ready market for paper, it was bringing $3 00 a ton but is now up to about $6 00 a ton Containers would cost $450 00 and a wood chipper would be $7,000. Needham is running an operation similar to this with np extra help Chairman Cataldo It depends on how it is set up as to what the results would be Not to have someone in a responsible position to oversee this, the people themselves would be uninformed as to what areas to go to; there would be vandalism and there are a lot of areas -} to be policed. Mrs Hals Some areas are seasonal ; others are on a day-to-day basis. Chairman Cataldo As I see the facilities, on bushes and Christmas trees. I see really no problem in setting that up if we set an area up. Logs present a tremendous liability problem. Most of the logs are diseased If somebody is cutting wood with a chain saw, who assumes the responsibility there? Mrs Hals I am saying they could take them away. Chairman Cataldo Leaves are the same problem; although it makes a lot of sense to compost them, unless there is a lot of supervision, I can see it burning every single night You have many good points which could be implemented and should be pursued, but you should look realistically and practically on a 24-hour basis. 1 , personally, have no objection to implementing part of it. Mrs. Hals Is it possible to include this in the 1972 budget? Chairman Cataldo If we were going to implement it, naturally it would be in the budget Mr Kenney You are aware that the Superintendent of Public Works is to give a report. We would look at some of these items and attach a financial cost to them. Mrs Hals If you do not consider it, we would consider a Citi- zen' s Article Chairman Cataldo I can see us implementing part of it but can- not see us going to that point the first year. If you feel it is all or nothing, my recommendation is to get a Citizens' Article. _ There is no question in my mind that this is the direction we should go. We recognize the problems, especially the first year. We will be in touch with you. Mrs Mrs Hals and Mrs. Miller retired from the meeting Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. Mr. Legro retired from the Meeting. Mr. McSweeney came into the meeting. Chairman Cataldo read a petition from the residents of Vinebrook Road regarding severe parking problems on the street and requesting Traffic help in halting it Vinebrook Upon motion duly made and seconded, it was voted to refer the re- Road quest to the Traffic Committee for a recommendation Chairman Cataldo read a letter from Paul Hamburger, 18 Cooke Road, regarding poor visibility at the intersection of East Street and Lowell Street. Traffic After discussion, it was agreed to inform Mr Hamburger that this East and intersection is to be redesigned with the intent of installing a set Lowell of traffic signals., if they are approved by the State DPW; this would Streets be a safer intersection when completed Chairman Cataldo read a letter from Calvin Y, Sing, Chairman of the Air Pollution Committee, regarding the discharge of the committee and the formation of a new subcommittee to be formed under the Con- Air servation Commission. Pollution The Board agreed that Selectman Kenney is to meet with the Committee committee to resolve what the function and responsibility of the new committee is to be. Upon motion duly made and seconded, it was voted to accept the recommendation that the Air Pollution Committee be dissolved. Upon motion duly made and seconded, it was voted to accept the recommendation of the Veterans' Agent and to sign the ambulance Abatement abatement for Edward L. Karpinski , 24 Wyman Road, who is receiving Veterans' benefits. Upon motion duly made and seconded, it was voted to certify the character of George G Watson, Jr , 39 Lawrence Lane, who has applied Cert of for Certificate of Incorporation "Massachusetts Council for Social Incorp. Studies." Upon motion duly made and seconded, it was voted to sign licenses License for the following, expiring on December 31 , 1972 (renewals) Renewals 164 Liquor Battle Green Inn-Innkeeper Berman' s Market Inc -Package Stores Sheraton Lexington Motor Inn-Inkeeper Vinebrook Corp -Package Stores Joseph A. Trani-Package Stores Anthony' s Restaurant-Conor On Victualler Lexington Liquor Mart-Package Stores Lexington Lodge of Elks-Club Common Victualler (Approved by the Board of Health) Brighams Regent Delicatessen Buttrick's Take Home Foods of Lexington Geoffroy' s Pharmacy Folsom' s Seafoods Howard Johnson's Friendly's Pewter Pot Muffin House Hayden Skating Rink (Daniel Martinez) Minute Man Restaurant Anthony's Restaurant Woodhaven Country Store Reed's Drug Store Brewsters Chairman Cataldo said that a letter has been received with the re- newal application from Dunkin Donuts, requesting an additional half hour of operation to it 30 p.m Dunkin The Board agreed to extend the present hours of 6 00 a.m. - 11 00 Donuts p.m. to 6 00 a.m. to II 30 p.m. for a 6-months trial basis until June 30, 1972; the Board will review the situation at that time as to a further extension. Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Dunkin Donuts, 373 Waltham Street, with the hours of operation of 6 00 a.m. to II 30 p.m. until June 30, 1972. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting of November 22, 1971 . Chairman Cataldo read a letter of appreciation from the MBTA re- Senior garding the use of Cary Hall for registration of senior citizens for Citizens half-fare passes. 1972 registrations are to be held in May and MBTA September in Cary Hall for the senior citizens of the Town. Chairman Cataldo read a notice from the Special Commission to in- Burning vestigate the Impact of Outdoor Burning Ban that a meeting is to be Ban held on Friday, December 10, at the State House. Chairman Cataldo read a letter from the Massachusetts Selectmen's Association requesting that a questionnaire be filled out regarding Fire and Police Chiefs' Pay Law to enable the Executive Board to Police & ascertain the Immediate financial impact of the law Fire Chiefs It was agreed to inform the Massachusetts Selectmen's Association Salary that the Board strongly opposed this legislation all through the legislative process, including requesting the Governor to veto the measure The Board recommends that legislation be filed to repeat the Act 16 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Superintendent of Public Works to grant a water abatement to Pine Knoll Nursing Home, 30 Watertown Street, in the amount of $225.40. The meter was incorrectly read and a check had been received for $943. 16 when it should have been for $717.76. Abatement Upon motion duly made and seconded, it was voted to sign the water abatement for Pine Knoll Nursing Home, 30 Watertown Street, in the amount of $225.40. Mr Cataldo abstained. Upon motion duly made and seconded, it was voted to grant the re- Special quest of Chief Corr to appoint Kenneth P Kelley, 49 Earl Street, a Police Special Police Officer for a term expiring March 31 , 1972. Appt The Board discussed reports from the Traffic Committee. Chairman Cataldo read a report regarding signs on Lillian Road, stating that the standard "GO SLOW CHILDREN" sign is the only sign which would be appropriate for Lillian Road near Anthony Road, although Traffic such signs are not very effective In addition two pavement markings Signs with figures of running children would be helpful, except in winter Lillian when snow and dirt may obstruct them. Road Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to instruct the Superin- tendent of Public Works to install the signs. Chairman Cataldo read a report from the Traffic Committee regard- ing parking on Waltham Street, stating that observation by the Police Department as a result of citizens' complaints indicate that cars parked along the westerly side of Waltham Street between Forest Street and Park Drive constitute a problem and a possible traffic hazard. Motorists making a right-hand turn out of Forest Street onto Waltham Street must make a wide turn which brings them into the middle ,of Waltham Street and may lead to a head-on collision with a northbound car. Four accidents have been recorded at this location since January of 1971 . Future construction and driveway exits from the Arts and Crafts Society and the Vine Brook Village across the street Traffic will further aggravate the situation. The Traffic Committee recom- Waltham mends that the Traffic Rules and Orders be amended and to request Forest 6 approval of the Massachusetts Department of Public Works Park Upon motion duly made and seconded, it was voted that the Drive Traffic Rules and Orders of Lexington adopted by the Board of Select- No men on November 13, 1967 are hereby amended by adding to Article V. Parking Section 2, Schedule 01, the following Location Side From To Type Parking Waltham Street West Forest Street Park Drive No Parking ' Approval of the Massachusetts Department of Public Works is to be requested in order to implement the change 166 Chairman Cataldo read a report from the Traffic Committee in reply to a complaint received from Dr. Howard Smith of ,476 Bedford Street requesting a review of the traffic pattern in front of his veterinary hospital . The report states that Dr. Smith has a valid complaint and that not only the veterinary hospital but the motel, tennis club armory and several residences are affected by the double solid lines on Bedford Street prohibiting left-hand turns Since no provision exists for reversing direction at Hartwell Avenue intersection, motor- ists must travel considerable distance into Bedford or on Hartwell Traffic Avenue and make a U-turn, adding to traffic congestion. We believe Bedford that the ultimate solution must be a redesign of Bedford Street, Street particularly of the Hartwell Avenue intersection to permit a reversal of direction, such as by means of a split rotary. Until this happens, property owners on Bedford Street should be permitted to enter and leave their driveways in a reasonable manner and without violation of the law prohibiting the crossing of the double yellow line. Since this portion of Bedford Street is a state highway, we recommend that the Selectmen request the -Massachusetts DPW to provide a reasonable number of breaks in the double yellow lines for left- hand turns, or to indicate by signs or otherwise that crossing the lines is permitted for necessary left turns. Upon motion duly made and seconded, it was voted to request the Massachusetts Department of Public Works to break the lines in specific areas on Bedford Street, subject to a plan being submitted by the Town Engineer to be forwarded for approval by the Massachu- setts Department of Public Works. Chairman Cataldo read a report regarding a request from the Board to give a priority on a sidewalk on School Street, stating School that while the Traffic Committee has recommended the installation Street of a sidewalk on School Street, the relative priority of this pro- Sidewalk ject can only be established in comparison to other sidewalks proposed. We have no Information regarding these at the moment but we understand that a list of proposed sidewalks is in preparation by the office of the Town Engineer and when this becomes available, we shall rate the priority of School Street relative to other sidewalks on the list. Mr. McSweeney informed the Board that a list of sidewalk• prior- ities would be presented to the Traffic Committee at a meeting to be held tomorrow, December 7. Chairman Cataldo informed the Board that bids have been reCeiVed on the printing of the 1971 Town Report, as follows Semline Incor- porated, $5,678; Somerville Printing Co. Inc , $5,900; Congraf, Town $6,000. Semline Incorporated has printed the report for the past Report three or four years, and Mr. Zehner recommends that the contract be awarded to the lowest bidder, Semline Incorporated. Upon motion duly made and seconded, it was voted to award the con- tract for the printing of the 1971 Town Report to Semline Incorporated in the amount of $5,678, subject to the conditions set forth by Mr. Zehner, Chairman of the Town Report Committee. 161 The Board agreed to schedule a joint meeting on next Monday evening on a land acquisition program with the Planning Board, Conservation Commission, Recreation Commission, Capital Expenditures Committee and the Appropriation Committee. Also, to discuss Peacock Farm' s easements with the Planning Board. The Board agreed to meet on Saturday morning, December 11 , to dis- cuss budgets. Chairman Cataldo informed the Board that e`request has been re- ceived e- ceived from Mrs. Charlotte Goodin of 9 Pearl 4reet for a water main extension. The property is presently serviced by a substandard well and there is inadequate water pressure to support a proposed new heat- ing system. The Town Engineer has reviewed this request and recommends that approximately 300 feet of 6-inch water main and appurtenances be installed from Bartlett Avenue to the end of Pearl Street. This recom- mendation is based on the fact that the installation in the entire Goodwin length of Pearl Street will provide for future services for adjacent Water properties and will be suitable for routine water main maintenance. Main If this request meets with the Board' s approval , we will prepare the Extension necessary orders of construction. The authority for this work would be covered under Article 13 of the 1967 Annual Town Meeting for water main construction, which would cover the estimated cost of $2500. Total betterments would be $300.00 and $328.50. Upon motion duly made and seconded, it was voted to authorize the I Town Engineer to extend the water main up Pearl Street a distance of 300 feet and install a hydrant, in order to service the property owned by Mrs. Charlotte Goodwin, 9 Pearl Street. Upon motion duly made and seconded, it was voted to adjourn at 10.50 p.m. A true record, Attest Executive Clerk, Selectmen I tG8 I VOID I I