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HomeMy WebLinkAbout1970-12-21-BOS-min 3 i q SELECTMEN'S MEETING December 21, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 21 , 1970, at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present. Mr. Zehner requested the Board to reject the two bids received on the printing of the Town Report from Sem line Incorporated and Maran Printing Service, Inc , as there might have been some mis- Town Report understandings on the specifications; we could reject the bids and Bids re-advertise this week. Upon motion duly made and seconded, it was voted to reject the bids of December 7, 1970 received on the printing of the Town Re- port and to re-advertise. Rev. John Wells addressed the Board and expressed his thanks for the cooperation he has received while a resident of the Town and, now that he is leaving as Minister of the First Parish Church, he wanted to officially thank the members of the Board. The Chairman informed the Board that the Sarano property at Five Forks is for sale and the Traffic Committee had been requested to submit recommendations on the possibility of an easement on the Sarano land A report has been received from the Traffic Committee stating that, from the traffic safety viewpoint, it is highly desirable to have an easement from 10' to 15' wide along Marrett Road on the Sarano property to permit the unobstructed view from Lincoln Street intersection to the northwest. No shrubs, fences or other sight Sarano obstructions should be permitted within this easement. The Commit- Property tee has no recommendations regarding the purchase of the remainder of the lot, except to note that the ultimate use of the land and the location of driveways may affect to some extent the flow of traffic on Marrett Road. Since Marrett Road is a State highway, ac- cess to it requires a permit and compliance with specifications of the Massachusetts Department of Public Works The Chairman asked why not take an easement and say, for any or all , it wouldn't be fair to anyone buying this lot and the time to do it is now. The Board agreed to insert an open-ended Article in the War- rant for the Annual Town Meeting . Mr. Legro said that by the time the Article is drawn, you will know whether It as .a building line or a setback requirement. 320 The Chairman said that our main concern is sight distance com- ing out of Lincoln Street Mr. McSweeney is to report back to the Board The Chairman read a report from the Town Engineer regarding a letter received from Mrs. Arlan of 54 Bridge Street requesting that the replaced "Slow Children" sign be located in a better position Bridge St than is now being used at the top of Bridge Street near Marrett Sign Road; also, a request for an additional sign at the bottom of the street, at Bridge Street and Waltham Streets. Mrs. Arlan also requests some new children signs painted on the street. Upon motion duly made and seconded, it was voted to request the Acting Superintendent of Public Works to make the necessary arrangements to have the children signs painted on Bridge Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer to relocate the "Slow Children" sign at the top of Bridge Street near Marrett Road, and install a "Slow Children" sign at Bridge Street and Waltham Street, subject to the review of the Town Engineer. The Chairman read a report from the Traffic Committee regard- ing the requested recommendation on a right-hand turn arrow on Marrett Road permitting a turn onto Waltham The Committee feels Traffic this should not be installed for traffic safety reasons unless Marrett Rd. the intersection is widened first to accommodate a right-hand turn and in Marrett Road and an extra lane in Waltham Street to permit Waltham St. gradual merging and avoid interference between the vehicles turn- ing right and those proceeding straight on Waltham Street At this location, both Waltham Street and Marrett Road have only one lane in each direction and this does not provide for safe and efficient operation of a continuous permitted right-hand turn. The Board agreed to accept the recommendation of the Traffic Committee that a right-hand turn arrow should not be installed on Marrett Road permitting a turn onto Waltham Street The Chairman read a report from the Traffic Committee regard- ing the location of the mailbox at Massachusetts Avenue and Mailbox Pleasant Street. Mr. O'Connell had asked the Committee to consi- Mass Ave der this location, which may constitute a traffic hazard The and Traffic Committee concurs and recommends that the mailbox be Pleasant St. moved north 150-200 feet to the vicinity of the traffic light near the East Lexington Library crossing; the exact recommended location can be determined by the Engineering Department, if desired Mr. McSweeney said that this change would have to be approved by the Post Office because of the route schedule Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to change the location of the mailbox at Massachusetts Avenue and Pleasant Street 150-200 feet north to the vicinity of the traffic light near the East Lexing- ton Library crossing, subject to the approval of the Post Office 32 .E The Chairman read a report from the Traffic Committee regarding the request of the Post Office that the sign reading "No Parking Post Here to Corner" be moved to a more appropriate spot on Grant Street Office closer to the corner of Massachusetts Avenue The Committee recom- Request mends against any reduction of "no parking" zone on Grant Street Grant St near Massachusetts Avenue; it is essential to provide at least two full moving lanes on Grant Street and if parking were permitted along one side of the street, it would reduce the available width of pavement to about 18 feet, which is inadequate Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and deny the request of the Post Office to move the sign "No Parking Here to Corner" to a more appropriate spot on Grant Street closer to the corner of Massachusetts Avenue. The Chairman read a report from the Traffic Committee regard- ing the request of the possibility of moving the bus stop from Tewksbury Street to Shirley Street. The Traffic Committee does not believe that a relocation is warranted as there is a bus stop on Bedford Street at Hill Street, Shirley Street side, and one at Tewksbury Street, and it would bring two bus stops too close Shirley together. The Committee believes that neither the condition of Street Tewksbury Street nor the extra distance involved in walking from Bus Stop Shirley Street to either bus stop is considered to be a serious problem The Board agreed to request the Traffic Committee to consi- der having the bus stop at Shirley Street rather than one at Hi II Street and one at Tewksbury Street The Chairman read a letter from Mrs. Tausch regarding the intersection of Lowell Street and Winchester Drive, which she feels is badly in need of adult supervision, particularly while it remains without a pedestrian crossing light The Chairman said that the light has been approved but, in Mr. McSweeney's opinion, it will be 90 days before construction Winchester What is the Board's feeling on the interim basis? It would cost Drive $350 to outfit a crossing guard. Crossing Mr. O'Connell said he wouldn't want to spend $350 for 90 days. I have suggested taking a crossing guard from the school and putting her up there and have one, not in uniform, at the school for 90 days The Board agreed that Mr. O'Connell is to talk with the School Department. Upon motion duly made and seconded, it was voted to sign the Common Victualler License for the following Common Victualler Anthony' s Restaurant 27 Waltham Street Licenses Geoffroy' s Pharmacy, Inc 411 Waltham Street McManus Ice Cream 399 Lowell Street Hayden Recreation Center 24 Lincoln Street 322 Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting of December 7, 1970 Upon motion duly made and seconded, it was voted to sign Rolfe Rd the Order of Construction of Sewer on Rolfe Road from Woburn Sewer Order Street, a distance of 784' N.E to end. The Chairman read a notice from the ABC regarding the regu- lations for Christmas Day, December 25, 1970, and New Year's Day, January I , 1971 . Upon motion duly made and seconded, it was voted that Pack- age Goods Stores are to remain closed on December 25, 1970 and ABC January I , 1971 . Motels and Clubs may serve during the usual hours on December 25, 1970 and January I, 1971 . (The Board previously voted to grant permission to the Elks and K. of C to serve until 2 00 a.m. and Sheraton Inn until 100 a.m. on New Year's Eve.) Representative Lincoln P. Cole met with the Board. The Chairman said that we have received a letter from the Mayor of Lynn asking that we join with them in requesting Governor Sargent to veto the proposed MBTA $300 M bond issue We are look- ing for information from you as to what the bond issue is going to do and how it affects Lexington. Mr. Cole said that he didn't think it would be in the Town' s best interest to ask the Governor to veto it The big thing is the extension to bring the subway out to Alewife Parkway; it would be $ 150M for that; $ 166M is going in on Haymarket $150M brings in a lot of federal money, another thing is the $25M to get the MBTA rights-of-way on some of these railroads. The Chairman asked about the request the Governor made for an overall transportation study on the Boston transportation problems. Mr Cole said, frankly, it has been studied to death. The Chairman said that if he is going to ask for a study, the bond issue is dead. Mr. Cole said it could be a stalling tactic As far as Lexing- ton is concerned, it is certainly not in the best interests to vote this The Chairman asked if he recommended some action be taken that no study be made and write to Mr. Volpe? Mr. Cole said he had just written a three page letter on this. It is in the Town' s best interests to take the position that the bond issue should be supported The Board agreed to inform the Mayor of the City of Lynn that the Board believes it is in the best interests of the Town that the bond issue go through. Also, to write to Governor Sargent that we will support the bond issue but the Board is not in favor of going through another study 3202 The Board agreed to write to Mr Volpe, Secretary of Transport- ation, and inform him of the decisions made and to try and urge Governor Sargent to continue as we were going to get some of these problems solved. The Chairman informed the Board that a letter has been received from the Appropriations Committee regarding the Harrington House, stating that they do not think it appropriate to originate any sug- gestions concerning the potential use of this property; we feel it Harrington is important for us to maintain our indepeddent point of view on House these matters, rather than become advocates of a specific proposal . The Committee would be happy to discuss it at our convenience The Chairman said we have not received information from the Planning Board but I read in the paper what their feeling is. Mr O'Connell said that the Town Engineer has requested a transfer of $850 to do the overhaul of the swimming pool pump. Mr. McSweeney said that the pump was installed last fall . The Chairman said there is substantial money left in the Recre- Transfer ation account; therefore, we should not ask for a transfer. We Requests recommend that this bill be paid out of the account as it now stands and if, in the final analysis, there is more money needed at that time, we will ask for a transfer. Mr. O'Connell also requested a $2500 transfer in the water maintenance account He said that $4943 were spent on frozen ser- vices and only $2943 was appropriated for that item. Transfer The Chairman said that he assumed that most of the $4943 ex- Requests pended was for road machinery charges which is an internal book- keeping account It is my feeling rather than transfer money for this purpose, we should not make the charges to the road machinery account Mr. O'Connell said that he would check with Mr. Perry and if this is the case, get the situation resolved. The School Committee, Permanent Building Committee, Appropria- tion Committee and the Capital Expenditures Committee met with the Board Mr. Farwell, Chairman of the School Committee, said that we Joint requested this meeting to discuss the new Junior High School . The Meeting School Committee has met with the Appropriations Committee and the Junior Capital Expenditures Committee has met with the Permanent Building High Committee and most of the questions have been answered but we felt it desirable to all, to meet at this time We recognize that we really don't have much time; the plan is to have the bids in on January 4, information meeting on January 6 and Town Meeting on January Il . We hope we can, with the assistance of the Permanent Building Committee, answer any questions and we are prepared to discuss any part of the program. Most of you are aware that the cost estimate is the Architect' s estimate and in the past, this 324 Architect has been close to the bids. This is encouraging as the cost estimate is one of the major issues as we see it Another question raised is, basically, concerning the need. There are two new imports since the last time the needs were discussed; one is the publicity on the State program on open enrollment and the number of students in the building at any given time, this doesn't affect the size of the school to any degree; students are given permission to go uptown in the middle of the day (there is some feeling from parents on this) but there are times when all stu- dents will be there The other factor is the Vocational education effect; it now looks like a reasonable possibility as there will be four or five other Towns voting on it at Town Meeting and the wheels will start to turn to build a Vocational School ; the earliest it is logically expected to be built is in 1975 Esti- mates made earlier were there would be about 200 students; that is the only basis we have to work on The School Committee and the Permanent Building Committee would like to get the support of the Apppopriation and Capital Expenditures Committees and the Selectmen on the Junior High Mr O'Connell said he believed the Architect' s last estimate was $4,800,000, is that correct? Mr. Taylor replied, yes; as of November 1, his estimate was $4,700,000 and we had to delay bidding to come in two months and added two percent; we are carrying $4,800,000 but, at the Town Meeting, it may be $4,600,000. The Chairman said that the article in the paper cited speci- fically on open enrollment that it continue as it would and you would need one-third the space you got in the High School There was a quote from people of Lexington. Where did they get the in- formation? Dr. Fobert didn't recall that a particular person gave this but the general concept is they could require one-third less The Chairman said, in other words, they didn't talk with you people? Dr. Fobert replied, no Mr Bailey asked has the possible relief that the Vocational School might provide been considered when planning ahead, that 200 students might be syphoned of f2 Mr. Farwell said if you follow the projection, you assume that it goes down as you go out; if you take 200 out, it makes a difference If you look at the Metcalf & Eddy projections, the number of children would increase because of the number of houses going up and whether Metcalf would correct this is something none of us know, the trend is on the basis of the existing trend. Mr. Furash said the Appropriation Committee questions come in three parts based on our discussion today; first, the school is being built to meet a program and we are not clear about the program through the expansion of the school; second, the major assumption is to have 6-3-3 system and the Appropriation Committee 325 is asking about 6-2-4 because of the options involved in the change to 6-3-3; third; anything put out for bid, is this, in the view of the Permanent Program Committee, the most economic design you can present to the Town and confident going but to ask for proposals? We are still open on three questions, ( I) we want to be sure the School Committee is pursuing the right program (2) to see other options on 6-2-4 especially with the Vocational School coming in. (3) if you want to pursue 6-3-3, we won't debate but given these two points, we want the Committee to feel very confident on the pro- posal for the building itself. Mr Farwell said that the answer is yes This has been done twice in the department, once at the time of the original program and at the time of starting over (2) 6-3-3 vs other format, we considered rather fully in the beginning and what was the possibi- lity of looking at other arrangements. One was assuming it a four year high school , would it be practical to add an addition; we re- jected it because it makes a pretty large thing and was not condu- cive to that site; at the present time, most of the people on the Committee prefer smaller rather than larger The option is to con- sider 6-3-3; that is how we got into this. We were considering the Joint possibility of 6-2-4 but we feel this is the right decision. We Meeting had a few problems in the 9th grade and one of the factors is that they didn't seem to be mixing in to the High School at all and there is a problem there Dr. Fobert said that 6-3-3 was consistently given Os the model concept.. The conclusion is if you have options in some cases in 6-3-3 what buildings you have available. If you have youngsters stay in for a minimum of three years in that middle school they all go to K5 the next year and that is an advantage to the youngsters Two year school is not desirable and one year is not acceptable Mr Taylor said as to design, I think it is acceptable and think the Architect has done a good job and come in pretty close to their estimates We examined a number of firms and looked at this one and their records on other schools. They are doing a lot of schools now and doing a good job on plans and come close to their estimates; they do a good type work on specifications and plans. They did four jobs in the fall and all have come in a little bit below their estimates We have confidence in them. Their design is most economical and they have been able to make it more compact, a three-story structure, open on all floors and is less expensive. If you look at the present estimate of $4,800,000 and look at $5,600,000 for the last package; with escalation going on, it is obvious there is money saved I think they have done the best job possible and don't think it could be done for less money Mr. Furash asked isn't your Committee in unanimity on this? Mr Taylor said the Committee worked closely with the Archi- tect and the Engineers design I believe we are all in complete agreement Mr. Furash said one point we noted a change from time to time, basically to be let for construction and equipment the 326 flexibility on the budget has resulted in the Town picking up the lower cost on the playground We are concerned about playing fields, etc and that you won't be back for more money Mr Taylor said we have plugged into this figure, one place or another the site work necessary to build all the playing fields and athletic field. I am not familiar with Other schools where they have to come back to the Town. In my experience in the last seven or eight years, I don't know of anyone coming back Mr. Furash asked what contingency plan the School Committee has prepared in it is turned down? Mr. Farwell said if it is voted down at Town Meeting, we are in the position we would expect to go into double sessions next fall and would work out the least painful way and, economically, what the solution is. We are looking at this in a positive manner. We have received a great deal of support from many people on the Committees concerned about this school . We hope everybody is aware of the need and the fact that it has good points and bad and on that basis, we feel there will be no difficulty. The Chairman asked why go double sessions in September, are you planning it in September anyway? Mr. Farwell said we are planning double sessions in 1971; it looks like the enrollment may go up another 40 or 50 The Chairman said, double sessions, anyway Mr. Farwell said, yes and maybe for one year if we find the school is voted down we would look at double sessions The Chairman mentioned that the estimated price is $4,510,000 Mr. Taylor said the project is $4,700,000 We have already paid the Architect something approaching $200,000. Contingency, $ 110,000. The Chairman asked what the Edison cost would come out of? Mr. Taylor said it was in the general contract Mr. Brown said the original bids indicate power from the Franklin School and general bidders take that Edison said it would cost $ 145,000. 1 have had meetings with them and the Arch- itects and Edison has agreed to bring power in. We are asking for an alternate bid. Mr Taylor said we might when Edison pays it, we might have to ask for $15,000 more. The Chairman said his concern is the contingency fee. Mr. Taylor said that is approximately a 2% contingency and that is low Rosane says we always carry 2% and he sent me a letter which has his last five schools; 1 .26% is his average and he is well within 2% and if he is asking for this, I don't think the Building Committee would say 5% Mr Furash asked if there were any other costs? There are roads there and access is there anything we ought to know about new rather than later Mr Greeley said he believed the Building Committee is really content with their plans for access. I am not convinced that we won't need additional access and there. maiy bersome later date addi- tional monies to improve the access. 32 Mr. Taylor said we have talked with the Selectmen about access from Marrett Road; we have talked about a footpath to be used for emergency vehicles, the Fire Department and other Boards would like this. We have passed the decision We had originally planned on foot access over Old Stedman which is now used by the Franklin School and hope that could be paved but the legal condition is cloudy We don't know how much that would be used; if it turned out it was, it may be necessary to pave Old Stedman Road or put a walkway on the school side It would cost $20,000 and in four years, somebody might come back and say we ought to do this. It raised a lot of questions on traffic; people leave kids off and it is too complicated. Dr. Fobert said in reviewing traffic, the system designed is complete and designed in the plan and we are convinced it will work The one on paper now will work to bring youngsters in and out. Mr. Page said he has recommended to the School Committee that it is very desirable to have a house on the property and have some employees live in it. The fact that there is someone on the property makes a difference The Chairman said we are having an appraisal made for an Article in the Warrant and whatever monies would be over and above this? Mr Taylor replied, yes, for the 3rd Article in the Warrant for the further plan, the stretch from Brookside up to Allen Street; and keeping the building located in the best part of the site. It is an old abandoned road and don't think the cost would be too much Mr. Boughton said they had discussions with Mr O'Connell and Mr. Perry about possible alternates for financing the school and wondered whether the Appropriation Committee had given thought to other than 20-year bonding in the past. Mr Furash said, not to date, we have not looked at the question of alternatives. We were very supportive of the Treasurer in his desire to go on short term on the Town Office Building and delay the school for a year and not subjecting the Town to high interest rates. Mr Zehner said that he had asked New England Merchants for projections for financing cost for 10- 15-20 year issues; the projec- tion was 4% for ten years, 4.40% for 15 years and it wasn't a meeting of the minds of the officer and me when he suggested 4.80% for 20 years; currently it is about 5 40%. If we take the interest rate for 10 years, assuming 10-year maturity over the 10 years the total is $ 1 ,056,000; 15-years, $ 1 ,689,000; using 4.80%, which I think is low, $2,419,000 The impact on the tax rate of 10 year issue would be $2.33 as opposed to $ 1 97 for 15 years; we would have a lower im- pact going for 20 years, $720,000 additional interest. I shall re- fine these figures for the TMMA informational meeting. Mr. Kingston said this does not include reimbursement Mr. Zehner said yes; this is net, assuming 43% of the principal . Mr. Farwell said he assumed we have your support? The Chairman didn't think anybody would take a position unless there is a formal vote I am sure the other Boards will go back and 111 discuss it 328 Mr. Farwell said we all understand the situation and the inten- tion of this meeting is to get any questions answered and the main question left is what the cost of the school is. We want the sup- port of all the Boards; we have had two rounds Mr. Boughton said in fairness to the Building Committee, to sit here and not be able to express an opinion, I feel we owe it to the Building Committee to say why If anybody here feels he cannot support at the budgeted figure, the reasons ought to be brought out so the Building Committee has a chance to think about it and so the other Committees have a chance to think about it. The need has been discussed time after time aside from the budget figure which is unknown at this time. I don't think we can do our job if there are lingering problems The Chairman asked if anyone was ready to commit himself, any Conon i ttee? The Capital Expenditures Committee was recorded as supporting the Junior High School Mr Furash said that the Appropriation Committee would discuss it tonight. Mr O'Connell asked if the Permanent Building Committee is to recommend the building regardless of what bid or they would noineop- port the school on a higher or estimated bid? Mr. Taylor said I don't think the Building Committee is ready to support if the bids came in higher; we would have to sit down and discuss it As we said any conclusions drawn on what we think the bids will come in and over it, it will be a different ball game. The School Committee, Appropriation, Capital Expenditures and Permanent Building Committees retired from the meeting. Later on in the meeting, the Board discussed the Junior High School Article. Upon motion duly made and seconded, it was voted to support the school at this time with the information that is available to them. Pending further information, the Board has the prerogative of changing this position. Mr. Catalde was recorded in opposition. Hearing was declared open in accordance with the provisions of General Laws, Chapter 131 , Section 40, the Hatch Act, regarding Hatch Act a notice of intent to alter certain inland wetlands of Curtis K. Parker Parker located at Woburn Street south of Marshall Road, Lexington. Hearing The Chairman said that .we have scheduled this hearing under the Hatch Act and it has been duly advertised. The Planning Beard representative, Mrs. Lois Brown and Conservation Commission repre- sentative, Stanley Brown, were present. Curtis K Parker, owner of the land, was asked to explain to the Boards Mr Parker said there was nothing in his mind other than fill and the lowland and wetland were the Town's responsibility; he always considered this a man-made brook and since that time I find it came under the Hatch Act The Town brought in the present :329 culverts a foot higher than came in on my property; the land was avail- able and I saw no reason not to fill it in. Since that time, kids in the fall of the year blocked up the culvert and the area became a swamp. I put up signs "no trapping " For the widening of old Route 128, fill was available. I called the Town and asked how about put- ting up a sign "hard fill wanted" and they said they had no objection as long as you don't make it too large. The Chairman asked who he talked to? Mr. Parker didn't know; he had called Public Works. The Chairman said we have no plan of what you have done or pro- pose to do Mr. Parker said that he had sent in a plan with a copy of the letter to DNR The Chairman asked if this is the same pian you sent to DNR? Mr. Parker replied, yes; they asked me how it was going to drain and what I was going to use if for The Chairman asked no plan for the grades? Mr. Parker replied, no. The Chairman asked the man' s name he had talked with? Mr. Parker couldn't think of the man' s name I have elevations of it; these elevations have been changed as I talked it over at the Engineer's office. Mr Parker showed on a plan where he had filled and said that it was going on for a year. The Chairman asked if it is all filled now? Mr. Parker replied, yes, for a full line about 8 feet from the brook. I always considered this a man-made brook. Now I find under the Hatch Act it should be cleaned out. I told the State Engineer it was not low enough What is the objection? It is getting rid of the mosquito and muscrat area The Chairman said this is illegal ; there are laws and we have to police them and enforce them. Mr. Parker said it has been done for a year, why now? The Chairman said that it took two months for the DNR to act. We want a clear understanding there is to be no more fill . Mr Parker replied, right. I bought this land for my children and the land is restricted for homes built for $ 10,000 above the ground and that is in the deed; it doesn't mean anything now with prices the way they are. The Chairman asked if any Board had a question? The Board of Selectmen, Planning Board and Conservation Commis- sion replied in the negative. The Chairman asked if anyone present wished to be recorded in favor? Mr. Robert Graham, 509 Woburn Street, was recorded in favor. No one appearing in opposition, the Chairman decFared the hear- ing closed The Chairman requested the Town Engineer, Planning Board and Conservation Commission to submit recommendations to the Board with- in seven days and we, in turn, forward them to the Department of Natural Resources 330 Mr Parker retired from the meeting The Chairman informed the Planning Board and Conservation Commis- sion that a joint meeting with the Board will be held on next Monday evening on the issues that have to be resolved before the Warrant closes. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on 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 Upon motion duly made and seconded, it was voted to adjourn at 10.40 p.m A true record, Attest 4,4-411 Executive Clerk, Selectmen 111 111