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1999-01-04Regular Meeting of Beverly City Council, Jan. 4, 1999 ROJJ CaJJ: Councilors present Mort/n, McGlynn, McMohon, Murray, Rollins, Froubefod$, Van L/ere, Gilmore. Councilor Floherty was absent. Pledge of Allegiance to the Flag.' Led by Councilor VonLiere Acceptance of Minutes of Previous Meeting.' Meeting of December 2L 1998 Appointments: Communications from His Honor the Mayor.' #1 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: This note is intended to update you on developments regarding Moraine Farm and Project Adventure which have taken place since your lust meeting. The City is directly and necessarily interested in every uspect of this proposed irrevocable transaction. I have spent most of the pust week working on these highly complicated metlers. The information herein is current us of 10:00 a.m., Monday, January 4, 1999. Considerable progress has been made working with Project Adventure officials. We expect to be able to provide you on Monday for your review a draft agreement between Project Adventure and the City of Beverly. This agreement would restore to the City the protection of the Watershed Protection Overlay District regulations which would have been totally lost had a vote been taken at the last meeting. The Batchelders provided me and others with a tour of four prospective sites which the City might acquire to provide additional cemetery space inventory. I also toured a location on Batcheider land which looks promising as an athletic field site. Essex County Greenbelt, the Trustees of Reservations, George Batcheider, Mike Cabill and I have all been involved with this subject in recent days and the net result of those discussions is promisingly positive. The plan would be to create a full-sized athletic field on land owned by Batcheider located partially on agriculturally restricted space. We would then need to gain approval to "untostrict" that space by putting other land not currently restricted under such restrictions. Such action would require further changas to the amendments considered at your lust meeting. The wisdom of your not voting at your last session is obvious. I did receive on Saturday, January 2 at 4:55 p.m. a memo from the Batchelders which speaks to these changes. You will note that language to accommodate them is still being pn~pared. The Batcbelder memo is enclosed. In discussion with Mr. Batcheider on Monday morning, January 4th, he did agree to grant the City six months in which to fully review and consummate the purchase of any or all of the four prospective cemetery parcels. He also agreed to allow the parcels to be used for traditional interments. If the City does proceed to acquire any of these parcels, grave markers will be flush mounted, i.e. they will not pronude above the ground. He furlher agreed to the City's need to obtain its own appraisals on these sites. Lastly, he agreed to work on language regarding the athletic field which would allow the City to automatically renew the lease every five years for $1.00 per year. Coincident with these changes, Mr. Lerner of DEM has issued positive signals regarding the creation of a parking lot on the Phillips preserve which would service the athletic field and those persons wanllng to walk the Phillips Estate. Preliminary discussions have been held with the closest neighbor, Mr. Phippen, who usked several very reasonable questions but appeared generally positive about the idea. My sense is that thing are moving forward positively on several fronts. The matter is very complex and many issues are interrelated, thus complicating document preparation. It appears that you and I and the Solicitor will likely be seeing certain materials on Monday for the first time. Very truly yours, William F. Scanion, Jr, Mayor Receive and Place on File #2 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I wish to advise you that it is my intention to deliver the State of the City Address to you on January 19th at your next regularly scheduled meeting. Very tnfiy yours, Willhun F. ScanIon, Jr., Mayor Receive and Place on File #3 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the two ached Subordination Agreements for property owned by David and Aria Pszenny at 15 Rear Wellman Street, Beverly, MA as per the attached communications from Dawn Goodwin, Community Development Manager. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Leeal Affain and Acanunts Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As outlined to you in my memo of December 11, 1998, I hereby request funding for the dump capping. The request is for $5,300,000 which includes the $5,000,000 carried in our Capital Expenditure Plan plus an mount of $300,000 for takings of pwperty contiguous with the landfill on which refuse has been dumped. Amiched is a loan order in the amount of $5,300,000. I would appreciate a first reading tonight with a public hearing and final passage on January 19, 1999. Very lruly youn, William F. Scanlon, Jr, Referred to Finance and Property #5 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby remppoint, subject to your review and recommendation, Mr. Kenneth E. Arsenault, 59 Jefferson Slrcet, Lawrence, MA 01843, to serve as a Constable in the City of Beverly for the sole purpose of serving Civil Process. Mr. Arsenaulfs term will be effective until January 31, 2002 Attached is Mr. Arsenaulfs application which has been approved by Police Chief William Terry. Very truly yours, William F. ScanIon, Jr, Mayor Referred to Public Service and Aid #6 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review end recommendation, the following citizens to serve as Trustees of the Beverly Public Library: Diane J. Cosm 14 Atlantic Avenue Nell B. Olson 133 Valley Sweet I hereby appoint, subject to your review and recommendation, the following citizen to serve as a Trustee of the Beverly Public Library: Joanne F. Penunzio 31 Old Planters Road She will replace Margaret Goodwin whose term is up end has asked that she not be mappointed. Their terms will be effective until Jenuary 31, 2002. Very ~uly yoms, William F. ScanIon, Jr., Mayor Referred to Public Servie~ and Aid #7 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review end recommendation, the attached list of Northeast Health Systems (Beverly Hospital) personnel as Special Police Officers for the year 1999. Atlsched are communications from Steven Pasdon, Security Sergeant, Beverly Hospital Security DeparWnent and Police Chief William Te~y concerning these appointments. Very truly yoms, William F. ScanIon, Jr., Mayor Referred to Public Service and Aid #8 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Pursuant to the attached request from the Public Safety Commissioner, the Building Commissioner, the City Electrician and the Principal Fire alarm Operator, I hereby request a Iransfer of thirty-five Thousand Dollars ($35,000) from the account "Reserve for Unforeseen" to account "New Fire Alarm computer." Said sum of money to be expanded under the direction of Messrs. Brennan and Pelonzi. Sincerely, William F. ScanIon, Jr., Mayor Referred to Finance and Property Communications from Other City Officers and Boards: #9 Honorable City Council City Hall Beve~y, MA 01915 Dear Honorable Council: RE: JC Phillips Nature Preserve At the regular meeting of the Bevedy Conservation Commission held on December 22, 1998, members discussed the referral from the City Council to clarity and reconsider Rule #6 of the proposed Rules and Regulations for the JC Phillips Nature Preserve. Rule #6 originally prohibited horseback dding AND mountain biking. After reconsiderafion by the Commission, language for Rule #6; will still prohibit horseback dding; however, Rule #7 will address biking and shall now read "Bicycling is allowed on the Hill Trail West {the ddve to the top of the hill} to protect the more fragile trail surfaces from erosion." (See attached draft Rules and Regulations}. If you have any questions or desire additional information, please do not hesitate to contact me or Conservation Administrator Debbie Hurlhurt at 921-6000 ext. 173. Respectfully, David J. Lang Building Commissioner Refer To Leaal Affairs and Accounts #10 Honorable City Council 191 Cabot St, Bevedy, MA 01915 Dear Honorable Council: RE: Project Adventure-Moraine Farm I attach for your information and file a copy of a compJaint I received by FAX today from Charles Goglia, Esq., who appears to be succeeding Nancy Attaya-McCann, Esq. As attorney for the Hamiltons. As we discussed in our meeting, their interests and objections are limited to their "right of first refusal area", which is not relevant to Project Adventure's plans. If the amendments presented to the City Council do not purport to deal in any way with the "right of first refusal area" which is not relevant to Project Adventure's plans. If the amendments presented to the City council do not purport to deal in any way with the "right of first refusal area", then the relief requested by Mr. Goglia in his complaint Would not prevent the City's approval of the modification. Please call me with your thoughts and comments. Very truly yours, Marshall J. Handly Referred to Leaal Affairs and Accounts #11 City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council The final draft of the citywide Playground Equipmen~ Master Plan should be completed by next Monday. As soon as it is completed a copy will be sent to you. Copies will also be available to be read at city hall, the library all the elementary schools and the Recreation Department The plan is being developed with the schools to give a total picture of both need and availability. The costs will be included both: Initial costs for new equipment and surfacing Annual maintenance costs. The amount of equipment will be determined by the amount of money that will be budgeted for equipment. Although some money may be able to be raised independently for some initial equipment purchase the amount needed to supplement that cost as well as ongoing maintenance will need to be agreed on by both the mayor and city council. I am available for your questions and comments at any time. The parks and Recreation Commission would appreciate your attendance at the public meeting. Please encourage your constituents who are concerned with playground equipment to attend as well. After the meeting and all comments are included a final document will be completed that will serve as a "Playground Equipment Master Plan." Sincerely, Joan Fairbank Receive and Place on File Communications, AppLications and Petitions; #12 Application-Petroleum Storage-Beverly Airpod Referred to Leaal Affairs and Accounts #13 Communication from Dept of Revenue re Notification ot Preliminary Certification Receive and Place on File #23 Late File Communication requesting installation of gas line to RyaI-Side Ayers School by Boston Gas Reterred to Public Service and Aid Repods from Committees.' #17 The Committee on Finance and Property to whom was referred the matter of Capital Expenditure-Capping of Brimbat Ave. Landfill have considered said matter and beg leave to repod as follows, to wit: Receive and Place on File Order read once and adopted 8-0 vote #18 The Committee on Finance and Properly to whom was referred the matter of Cornre. of Mass Dept of Revenue Division of Local Services-Notification of Preliminary Cedification of Property Classes have considered said matter and beg leave to report as follows, to wit: I Receive and Place on File Order read once and adopted 8-D Vote #19 The Committee on Finance and Property to whom was referred the matter of Mass Public Employee Retirement Administration re YF2000 appropriation have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adol:}ted 8-0 Vote #20 The Committee on Finance and Propedy to whom was referred the matter of Comm. from Comm of Mass Dept of Education re Essex Agricultural and Technical Institute have considered said matter and beg leave to repod as fc~llows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #21 The Committee on Finance and Property to whom was referred the matter of Comm from Mass Dept of Education re Auditee responsibilities, FY 98 Single Audit Requirement have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #22 The Committee on Finance and Property to whom was referred the matter of Comm. re exchange of property have considered said matter dnd beg leave to repod as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council authorize City Solicitor Marshall Handly to proceed with the proposed home rule p~tition authorizing the exchange of portions of two lots owned by City of Beverly on Essex Street for two lots owned by Holly Wyner, Trustee of K & L Realty on Brimhal Hill Dr. Order read once and adopted 8-0 Vote ://:24 , The Committee on Finance and Property to whom was referred the matter of Landtaking re recapping of landfill have considered said matter and beg leave to report as follows, to wit Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request from Marshall Handly to permit and direct to effect the land takings subject to the appropriation of $80,000.00. Order read once and adopted 8-0 Vote #25 The Committee on Finance and Property to whom was referred the matter of Bevedy Little League-Harry Ball Field have considered said matter and beg leave to report as fatlows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the city Council approve the seven steps as outlined in the Mayors letter dated dec. 21, 998 regarding the Harry Ball Field and further that final approval be subject to an appropriation. Order read once and adopted 8-0 Vote #4 The Committee on Finance and Property to whom was referred the matter of Loan Order-Dump Capping $5,300,000.00 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council and the city of Beverly hold a Public Heating on Tuesday, January 19, 1999 at 7:30 PM at the Beverly Public Library, 32 Essex St., Beverly relative to a loan order in the amount of $5,300,000.00 for the capping of the landfill on Brimbat Ave. Loan Order: Ordered that five million three hundred thousand ($5,300,000.00) dollars is appropriated for the purpose of financing the closure and capping of the Beverly Landfill located off of Brimhal Avenue, including without limitation all costs thereof as defined in Section 1 Chapter 29C of the General Laws; that to meet this appropriation the Treasurer, with the approval of the Mayor and the Director of Municipal Finance and under the direction of the Committee on Finance and Properly, is authorized to borrow $5,300,000.00 and issue bonds or notes thereof under G. L. c.44 and/or G.L.c,29C and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of General Laws; that the City Treasurer is further authorized to file a certified copy of the loan order and provide such other information and execute such other documents as the Board may require; that such bonds or notes shall be general obligations of the City unless the Treasurer, with the approval of the Mayor and the Director of Finance and under the direction of the Committee on Finance and Properly, determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer, with the approval of the Mayor and the Director of Finance and under the direction of the Committee on Finance and Properly, is authorized to borrow all or a podion of such amount from the Massachusetts Wafer Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and Depadment of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulator,/agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any of her action necessary to carry out the project; and that all bonds or notes issued hereunder shall be certified to in wdting as to their genuineness by Fleet National Bank or its SUCCeSSOr. First Passage: January 4, 1999 Public Hearing: January 19, 1999 Final Passage: January 19, 1999 Ordinance read once and adopted 8-0 Vote #8 The Committee on Finance and Property to whom was referred the matter of Transfer to Account "New Fire Alarm Computer" ($35,000.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the city Council of the City of Beverly will hold a Public Headng on Tuesday. Jan 19. 1999 at 7:55 PM at the Beve~y Public Library, 32 Essex Street, Bevedy, MA relative to the Transfer to Account "New Fire Alarm Computer" from Reserve for Unforeseen in the amount of Thirh/five Thousand ($35,000.00) Dollars. Order read once and adopted 8-0 Vote #26 The Committee on Legal Affairs and Accounts to whom was referred the matter of complaint against NS Taxi have considered said matter and beg leave to repod as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #27 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Mass Development re Project Adventure (Bond)have considered said matter and beg leave to repod as follows, to wit: Refer to the Committee of the Whole Order read once and referred back to Leaal Affairs and Accounts 8-0 Vote #28 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm from Dept of Transportation re Lease Renewal have considered. said matter and beg leave to repod as follows. to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request from the U. S. Dept of Transportation Federal Aviation Administration regarding the renewal of the Lease and Operation Agreement subject to amendments by the City Solicitor. Order read once and adopted 8-0 Vote #29 The Committee on Legal Affairs and Accounts to whom was referTed the matter of Capital Expenditure re Capping of Bfimbal Ave. Landfill have considered said matter and beg leave to repod as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #30 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T One Way Streets-Judson St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year one thousand nine hundred and Ninety Nine AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re "ONE WAY STREETS" Be it ordained by the City Council of the city of Beverly as follows: That Chapter 14, Section 96 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Judson St., from Mulberry Street to Cabot St. traffic to proceed easterly. DELETE: Judson street, from Chase St. to Cabot St. traffic to proceed easterly. This ordinance to take effect upon passage according to City Charter. First Passage: January 4, 1999 Final Passage: January 19, 1999 Ordinance read once and held for final Dassaae 8-0 Vote #31 The Committee on Legal Affairs and Accounts to whom was referred the matter of Carom. from Planning re Waiver of Right of First Refusal, 38 Dunham Rd., #205 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed waiver of Right of First Refusal for 38 Dunham Rd, #205, MaUreen and Glenn Corbett. Order read once and adopted 8-0 Vote #32 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Transit Realty Trust association re New Lessee at 3 Colon St have considered said matter and beg leave to report as follows: to wit: Receive and Place on File Order read once and adopted 8-0 VOte #33 The Committee on Legal Affairs and Accounts to whom was referred the matter of request to hang banner across Cabot St. American Red Cross have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the city Council approve the request from the Amedcan Red Cross to hang a banner across Cabot St. for the month of March and it be furlher ordered that the banner be hung by a licensed dgger and that the Red Cross have proper insurance. Order read once and adopted 8-0 Vote #34 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from City Solicitor regarding the exchange of land, Essex St. for Brimbal Hill Dr. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption ORDERED; That the City Council approve the request from City Solicitor Marshall Handly to approve a proposed home rule petition authorizing the exchange of portions of two lots owned by the City of Beverly on Essex St. for two lots owned by Holly L. Wyner, Trustee of K & L Realty Trust on Brimhal Hill Dr. Order read once and adoDted 8-0 Vote #35 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from City Solicitor regarding Land Takings for Recapping of Landfill have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption ORDERED: That the City Council approve the request from City solicitor Marshall Hartally to permit and direct the Mayor to effect the land takings subject to the appropriation of $80,000.00 Order read once and adopted 8-0 Vote #36 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Mayor regarding Beverly Little League Harry Ball Field have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption ORDERED; That the City Council approve the seven steps as outlined in the mayors letter dated December 2h 1998 regarding the Harry Ball Field, and further that final approval be subject to appropriation. 2. 3. 4. Beverly Little League will assign to the City all its right, title and interest in any and all improvements that have been made to Han'y Ball Field; The City of Beverly will assume and pay the note at Beverly National Bank that is now being paid by Beverly Little League. . Harry Ball Field will be under the jurisdiction of the City of Beverly Recreation Deparunent for permitting proposes; Beverly Little League and Beverly Girls Softball will be given the opportunity on a priority basis to obtain permits for the use of the field, and will work cooperatively to schedule their use of the field to their mutual benefit; The City will assume general maintenance responsibility for the fields and improvements, but will leave more particular maintenance requirements and responsibility of permittees and concessionaires. The City will go out to bid for the operation of the concession stand at Harry Ball Field. The Bid will include aspects of the maintenance of the field. The threshold for acceptance of a bid will be the amount necessary to cover debt service on the principal amount of the note plus maintenance costs, amortized over a period of the years. The City will endeavor to improve the parking lot, and will take such other steps as it deems to be appropriate to make the field more useable and accessible by the public, and to minimize neighborhood impact of its use. Order read once and adopted 8-0 Vote #37 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, 12 Broadway, Russell Webber have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination Agreement for Russell Webber, 12 Broadway as recommended by Community Development Director Dawn Goodwin. Order read once and adopted 8-0 Vote #42 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm from Building Commissioner re Permit Fee Ordinance have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year one thousand nine hundred end ninety nine An Ordinance amending en ordinance entitled "Building end Building Regulations Be it ordained by the city council of the City of Beverly as follows: Chapter 5, Section IBuilding Permit Fees of the revised ordinances of the city of Beverly, 1989, be, and the same is hereby amended as follows: Seelion 5-1 Building permit fees (1) New buildings, additions end alterations. a. Residential, $7.00 per $1,000.00 of construction cost thereof, with a minimum fee of $20.00 b. Residential over 35,000 cubic feet, $10.00 per 1,000.00 of construction cost with a minimum of $20.00 c. Commercial, $10.00 per $1,000.00 of construction cost thereof, with a minimum of $40.00 d. To be stricken in its entirety (8) Siding end/or roofing (residential one or two family) $25.00 (commercial and multifamily) $10.00 per $1,000.00 min. $40.00 (9) Fence end/or wall permit (non structural) $20.00 (structural or retaining wall) - residential (1 or 2 family) $7.00 per $1,000.00 of construction cost thereof, with a minimum of $20.00 (structural or retaining wall) - commercial or multifamily $10.00 per $1,000.00 of construction cost thereof, with a minimum of $40.00 (21) For the erection of any structure relating to signs, a fee of $10.00 per $1,000.00 of total cost of sign and structure with a minimum of $40.00 This ordinance to take effect as provided by city Charter First Reading: Jan 4, 1999 Final Passage: Jan 19, 1999 In the year one thousand nine hundred and ninety nine An Ordinance mending an ordinance enti~ed "Licenses and Business Regulations" re Article VI~. Plumbing* Be it ordained by the city council of the city of Beverly as follows: Chapter 12, Section 213 Definitions of the revised ordinances of the city of Beverly, 1989, be, and the same is hereby mended as follows: Section 12-213 Permit fees (1) Installations a. Residential new work... b. Residential remodeling work... c. Commercial new work. A permit fee in the mount of Fil~y dollars (50~00) for the first fixture and five dollars ($5.00) for each additional fixture d. Commercial remodeling work. A permit fee in the mount of Fifty dollars ($50.00 for the fast fixture and Five dollars ($5.00) for each additional fixture. This ordinance to take effect as provided by city Charter First Reading: Jan 4, 1999 Final Passage: Jan. 19, 1999 Ordinance read once and held accordina to charter provisions 8-0 Vote #43 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Building Commissioner re Zoning have considered said matter and beg leave to report as follows, to wit: Refer to Planning Board Order read once and adopted 8-0 Vote #38 The Committee on Public Service and Aid to whom was referred the matter of Comm from Dept of Revenue re Year 2000 Compliance and Municipal Liability have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #39 The Committee on Public Service and Aid to whom was referred the matter of Water Abatement, Edna Chartsky, 31 Iverson Rd. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered; That the City Council approve the request from Mrs. Chansky to credit her sewer charge for $346.63 because of outside watedng that did not go into the sewer. Order read once and referred back to Leaal Affairs and Accounts 8-0 Vote #40 The Committee on Public Service and Aid to whom was referred the matter of Water Abatement, James Meltling, 11 Middlebury Lane have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying order and recommend its adoption Ordered; That the City Council approve the request fror~ Mr. Metffing to credit his sewer charge for $346.63 because of outside watering that did not go into the sewer. Order read once and referred back to Leaal Affairs and Accounts 8-0 Vote #41 The Committee on Public Service and Aid to whom was referred the matter or reactivating the Open Space Committee by the end of 1998 have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying order and recommend its adoption Ordered; That the City Council approve the request from Councilor McGlynn and Troubetads to reactivate the Open Space Committee and further that the Committee consist of the Six Ward Councilors, one Conservation Commission member, one Mayoral Appointee and one Council appointee. The term of the Mayoral Appointee and the Council appointee shall be for two years and will expire at the end of the term of the City Council. The two appointees shall be reappointed in the month of January following the Municipal Election. Order read once and referred back to Legal Affairs and Accounts 8-0 Vote #23 The Committee on Public Service and Aid to whom was referred the matter of communication from Boston Gas for line fo Ayers School have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the city of Beverly hold a Public Hearing on Tuesday, January 19, 1999 at 7:58 PM at the Beverly Public Library, 32 Essex St. Beverly relative to a Petition of Boston Gas for the installation of a 6" gas main on Carver St. to Ayers School Order read once and adoDted 8-0 Vote #44 The Committee of the Whole to whom was referred the matter of Communication re Moraine Farm-Conservation Amendment have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the proposed amendment to the Conservation and preservation restfictions of December 16, 1998 and January 4, 199 with attachments. This is subject to review of the City Solicitor.