City of Portsmouth, New Hampshire 2022 - 2024 City Council, 10 Jan 2023

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From YouTube: 1.9.2023 City Council

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1.9.2023 City Council

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Foreign assistant mayor kelly, yes, counselor, tabor,.

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Here this is to close the non-public session and seal the minute, so you in favor- oh yes,.

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Okay, councilor denton yeah yeah council moreau; yes, council bagley, yes, council lombardi, yes,.

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Council blaylock, yes, councilor cook, yes, ma'am, mckechran, yes, and now uh we will open uh monday.

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January 9th uh city council meeting start with a roll call.

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Here assistant mayor kelly, here, councilor tabor, here councilor denton, here, council moreau.

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Here: councilor bagley here, council, lombardi, yeah, council blalock here councilor cook here.

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This was a uh a tough a few weeks for portsmouth. I know that there's many out there that have.

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Lost somebody um I want to just as a moment of silence, uh dwayne force foster as well.

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As jeff clark passed away on saturday, that might be news to to some of you tonight, but.

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He passed away on on saturday. I would ask that you, you keep martha in your thoughts.

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And a moment of silence.

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Please join me in the pledge of allegiance.

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I pledge allegiance to the flag of the united states of america and to the republic for.

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Which it stands, one nation, under god, indivisible with liberty and justice for all.

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Right there are no uh meeting minutes to accept here.

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And I was seeing if I had my comments on the um on the winners of the holidays lights contest and I don't.

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So I'm gonna have to wing it. um I got some notes here, but I had printed out some uh some.

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Longer comments so we'll see how I do uh on the fly first, um I would just want to thank.

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The citywide neighborhood committee for all the work that went into not only the judging.

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Of this, but getting folks to sign up my wife and our two daughters, we took that map one.

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Night and we drove around town it's about two hours or so of of driving. I will say that.

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Is the limit for our our our youngest, but luckily, as we passed out bailey's house, we.

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We saw the the glow of the golden arches and we pulled into mcdonald's and we got a frosty.

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There so all's well that ends well there, but it was amazing to see um just how many people.

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uh Signed up for that, the effort that goes in by the citywide neighborhood committee.

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Every year to do this is remarkable and it brings uh a lot of holiday cheer um when you.

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Know it's: it gets dark at 4 30., so um very appreciative of the citywide neighborhood.

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Committee, I also wanted to just call out again our sponsors, jay and amanda mcsherry of the.

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J group uh 500 to their restaurants is a big deal. You know that is, it can be used at any.

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Number of their their restaurants, um ed hayes uh coming through with 500 at uh at reese's.

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um Again, you'd be surprised what you can find in reese's. It's not just uh it's not just.

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Flooring pretty much anything uh that you need and appreciate his commitment to the.

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Community as long along with uh market basket, hannaford's and mckinnon's that made it possible.

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To uh to offer not only a third prize 500 but 10 25 gift cards, so a big thanks uh to.

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To to everyone that participated now, I'd like to go through um the do we have the we do.

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We have um all right so then, okay, they are in order. Do we have uh uh john uh chavez here.

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We do all right he's wearing a festive, so john won uh uh best traditional round of applause.

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um We have uh the most creative with matt, nicole beyer or matt nicole here right here,.

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And is um is ray claussen here with the the kids choice, all right.

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Everyone's showing up now, you know um we have another um uh special recognition for uh for.

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Al bailey for his years of contribution to the holiday lights concert contest is al here.

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Tonight he is all right.

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So next year we're going to name one of these awards after you uh al, uh but I have a special.

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Mayor's award uh for you um here, it's a uh it's a proclamation, I'm sure we'll go in a.

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Place of prominence, we also have a. uh We don't have a key to the city because we're the city.

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Of the open door, but we had some door stoppers made. So it's the city of the open door door.

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Stopper uh for uh your 36 years of commitment, um and then we also have some honorable mentions.

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That, I think, are named or not named, not named well, they are here they are here. This is what.

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I'm basically a guy with a teleprompter. If I don't, the highlighted ones are supposed.

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To be here, okay, okay, so um lindsay are you here? They are all right.

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Cindy ward, all right and uh and molly shaw, wilson.

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If everybody would come up, um I would love to just grab a photo and pass out the awards.

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And we will, for the folks that weren't able to show on the honorable mentions we'll mail.

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These to you, if you're watching at home, so um can we come up? uh I think we're I think.

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We're good that's al's back yeah house bag, yeah! Okay, all right all right come on up here.

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Guys, if we could just grab a picture, I think we have some. We have stephanie here to take.

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A picture- that's awesome, so good at it he's ready on cue.

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I wonder if riches opened up the card, I did.

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Yeah, okay, what is happening here? Yeah yeah, it's like that's my restaurant in itself. It's.

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Pretty cool- it's not in a good place for you is he.

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We'll just fix this we'll just face uh stephanie here.

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It was that's a nice thing, will you leave it.

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You ready fast christmas cheery smiles.

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Birthday christmas.

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Thanks for making parts for the festive.

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Now you do not have to stay after, don't feel like you got to stick around unless you do.

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Want to talk about one of our public hearings, but next up we have a presentation by rotary.

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Past president ben wheeler, foreign.

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Thank you uh before I get started. I just want to point out a few little trinkets that we.

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Dropped off in front of each of your chairs, there's a wine glass for the portsmouth rotary.

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100 year birthday celebration- and there is the one of a kind christmas ornament richard.

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May be awkward, but it is the fairy landing. So we hope you enjoy it. If you don't, please.

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Take it up with your fellow silly city council. Member with me tonight are a bunch of rotarians.

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But also our club president joni dickinson and president, uh are you president-elect president-elect.

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Yvonne leg to help me out here.

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So, as I said, my name is ben wheeler. I'm a past president, proud member of the portsmouth.

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Rotary club, which is the one that meets at lunch for those of you that don't know I want.

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To thank you, city manager, mr mayor and distinguished members of the city council, to allow myself.

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And my fellow rotarians to stand before you today in the spirit of giving I'm not someone.

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I'm not paying attention to this timer thing over here. So just so you know you don't have.

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To so perfect, that's good perfect, I'm not someone who believes in once in a lifetime.

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Opportunities, I think that we're all better than that. I think that sometimes when an opportunity.

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In life passes you by when you're surrounded with like-minded people, and you have hard.

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Work and dedication that opportunity will come your way again. However, I couldn't be.

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More wrong in this particular situation. I think that in this case, this room is a once.

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In a lifetime opportunity, which means that just putting your best foot forward isn't.

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Going to be enough, never again will the city of portsmouth turn 400 years old at the same.

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Time as the portsmouth rotary club turns 100. over a year ago, we formed a committee of past.

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Present and future leaders of the portsmouth rotary club we were comprised of over 30 years.

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Of historical and club leadership, our task was simple: it was to identify the appropriate.

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Way to say thank you to the greater portsmouth community for our 100 years of history. Now.

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I don't know if anybody in this room can sympathize with this, but sometimes it's hard to get work.

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Done when everybody in the room is a type, a personality and they think they're, the smartest.

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Person in town, however, as evidenced by me, standing before you today, we persevered as we celebrate our.

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Histories were provided with an opportunity to pay homage to those who came before us.

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And the hard work that these people did to make the city of portsmouth the great place.

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It is and the hard work that went into making our portsmouth rotary club, the great club.

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That it is, however, we need to recognize that this work wasn't done in silos. It was done.

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In collaboration through collaboration, the city of portsmouth, our local non-profits members,.

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Of our community and the portsmouth rotary club have accomplished great things together.

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It was collaboration with the portsmouth rotary club in the city of portsmouth that the city's.

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First recycling program started every year, there's a chess program that goes out to every.

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Fourth grader in the city of portsmouth, where they teach these kids, how to play chess, but.

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They also teach them the consequences of good and bad decisions in life. These kids gain.

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Courage and they go home and most importantly, that chess set ends up in the living room.

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Where the tv gets shuts off, shut off and family members sit and learn how to play chess together.

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It was the collaborating efforts that led dorothy vaughn to come to our portsmouth rotary.

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Club singing to the ceiling, the importance of recognizing the cultural and economic benefit.

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Of preserving history, our club turns 100 years old this year and we have so much history.

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To be proud of, that was done by those who came before us. We stand before you tonight.

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With an eye towards the future promising to our children, that tomorrow will be better.

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Than today, but if that's true, if that's truly true, it's the work, we're doing right now that.

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Matters most and I stand before you today and say that as our club turns 100. right.

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Now we give this to the community of portsmouth.

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To the greater community of portsmouth and.

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Here's what we're going to do with it through collaboration we've partnered with the portsmouth.

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Women's city club and we have done a substantial renovation project at their facility located.

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On middle road hand in hand with their members, we've partnered with the society of protection.

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For the new hampshire forests, down at kerry cottage, where we're going to help build a.

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Freestanding structure directly adjacent to the education center. That will now have an.

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Outdoor bathroom facility for hikers and walkers, we've partnered with the folks at the portsmouth.

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Community garden, where we've helped build and donate a shed so that these folks, with.

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Their green thumbs can help reduce their carbon footprint in a nod to our maritime history.

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We're working with the piscatical youth sailing association, who supports the portsmouth high.

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School sailing team, through this partnership rotary, is helping this organization purchase.

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Eight used 420 sailboats from the navy now as to why we're all here tonight about a year.

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Ago I reached out to city manager and to peter rice in an effort to help identify some projects.

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That rotary could partner with the city on they brought to our attention that the city.

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Of portsmouth plans to plant 400 trees during the 400 year of celebration in a nod to the.

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History we'd like to pay for 100 of those trees in a nod to ours. We ask that somewhere.

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In this area, where these trees are planted, there'd be a plaque adorned that recognizes.

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The years of dedication and service to our portsmouth rotary club and to the greater.

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Portsmouth community, on behalf of basil and louise richardson, we've also liked to partner.

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With the city, as the city plans to do, updates, making playgrounds more inclusive throughout.

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The city, an inclusive playground, is an open space designed to promote play among children.

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Of different ages, abilities and communities in total, our gift to you will be thirty thousand.

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Dollars on behalf of the portsmouth rotary club, I'd like to thank you, madam city manager,.

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And peter rice for helping to identify these projects, we can collaborate on in an effort.

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To celebrate our history, helping fulfill the promise to our children that tomorrow will.

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Be better than today, thank you, [applause].

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Thank you ben. It's great to see you with your family there and setting an example of of.

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What the future holds it's bright if people are willing to build it and make it a little.

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Brighter uh thank you so much for your commitment to portsmouth um your words, but also the actions.

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That go along with those words to make sure the impact is. Is there portsmouth thanks? You.

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For this generous donation and look forward to working with you in rotary for another.

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Hundred years, thank you so much.

J

Honor, if I might counselor tabor and I are both proud rotarians, so we're really proud.

J

Of the turnout tonight I see many many rotarians and we're very grateful. Thank you.

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I've been lucky enough to go to a couple lunches there pretty good lunch. um I know there's.

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A great conversation and never easy questions, so I appreciate the rotarians that showed.

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Up here tonight, foreign.

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We have a recognition of data, dave lovely as our 2022 and is the presentation going.

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To go on that or no okay uh dave loveley has been selected as 2022 epa. Regional wastewater.

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Treatment plant operator of the year award dave are you here. He is all right.

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All right and have the best uh the best uh uh wastewater treatment plant without the.

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Best plant operator, so thank you so much dave for your commitment. We are so happy to see.

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This recognized um on behalf of the epa we join them in celebrating all of the tireless.

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Hard work that goes into into this and appreciate that that we have the best um best in portsmouth.

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Thank you dave.

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And uh not to be outdone in the inspection department, uh recognition of timothy mativier.

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Selected as the 2022 new hampshire code official of the year, timothy, are you here. Thank you.

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If you'd like to say a few words, I should have offered the opportunity to dave. But if.

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You'd, like a few words, feel free. I could show you a few words. A few words. No, I appreciate.

K

The honor it was a little unexpected. My colleagues voted that, as uh is very prestigious, there's.

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Not many people of the year in our field, but it was, it was quite an honor, and I appreciate.

K

Your applause, thank you. Thank you, timothy.

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All right, um we don't have any more awards to give out, so it it seems. Everyone else is.

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Here for public comment, um we have a lot of sign ups for the mcintyre that has its own.

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Public hearing, so I would ask I'm going to go through all of the non-mcintyre on the.

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Public comment, which is limited if you would still like to speak, I would just ask you to.

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Speak at public comment we'll go for uh three rounds, three minutes five minutes and then.

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On the third bite of the apple, an unlimited amount of time to speak on that, but I'll go.

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Through first with folks that are are coming to speak on other matters with the three-minute.

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Time limit first up is barry heckler on the topic of tcl 64.

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Thank you before the timer starts. I brought a handout for uh no thank you mayor and the.

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Distinguished members of city council.

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We can't hear you if you could just speak into the microphone a little bit this one.

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Yep, you just have to pull it up towards you a little bit. Okay go ahead! Is that just the.

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Head is that better yep better, I think so. Can you guys hear him in the back? Okay, thank.

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You, mr mayor, distinguished members of city council, my name is: barry heckler. I'm president.

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Of the board of directors of the provident condominium, association, hoa and I've been.

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Asked to speak on their behalf in opposition to the third request for a temporary construction.

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Lease license for parking in the alleyway for the 64 vaughn street project. The first.

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Request resulted in 14 parking spaces in the worth from march 5. to february june, 3 2022.

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Second, request resulted in 10 parking spaces in the worth lot from.

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June, I'm sorry june 3 to january 1 2023. None of those requests referenced parking in the.

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Alley or a safety buffer, like the third request, does the third request is four parking spaces.

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In the alley, as a safety buffer, it's not a safety buffer. It's a convenience! There are.

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Six parking spaces in the alley that grants access to the worth lot from hanover street.

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And is the only access from and into the garage for the owners of 25 maplewood, nine residential.

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Two corporate that garage provides parking for 20 vehicles when the contractors park.

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Along the construction fence in the alley it makes ingress egress to that garage, perilous.

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It's a safety feature, it's a safety hazard and it's been going on for months. They've.

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Been parking there for free during the work hours monday through friday and the public.

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Parks after work hours for free and all day and all night saturday and sunday in the handout.

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You just received is a memorandum setting forth in detail the reasons that we object.

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For safety reasons, there are six photographs that will tell you everything you need to.

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Know about what the safety feature is: you'll see one of them with a truck that blocks the.

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Open door ingress egress to that garage, you'll see two more where they're parked along there.

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Sometimes they move the fence into the alley which further encumbers traffic, the public.

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Speeds up and down because they don't want to get caught in the one lane that creates.

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Yet another hazard for the public, as well as the owners, we're not opposed to construction.

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We're opposed to having ingress egress, become a safety problem and we're asking city council.

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If you grant the the license- which we hope you do, but with the proviso that there be.

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No alley parking or encroachment or encumbrance of that alley in any way due to construction.

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Thank you barry. Thank you very much appreciate it. um Next up, we have marks from elliott exeter.

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uh Francis uh cormier, on the subject or topic of simon, says.

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You are but there's a lot of mcintyre and then there's some folks that live outside.

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Of portsmouth so we're going to get through the non-mackintire first. Francis call me on.

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Melbourne street portsmouth, if you are over 50 years old, you may remember a childhood.

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Game called simon, says simon was an imaginary king, who couldn't make up his mind about anything.

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Here we are 50 years later and we're still playing simon, says in the political theater.

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Of the absurd here are some examples. Simon says you must believe in science. Simon says.

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Now, fire all the scientists that disagree with me, simon, says: antifa is just an idea.

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Simon says so, when they burnt down neighborhoods in seattle, it was all in your imagination.

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Simon says only a fool could think the election was stolen. Simon says now spend four years.

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Trying to prove the election was stolen from hillary clinton. Simon says only a fool could.

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Think one hundred and ten thousand dead people voted in wisconsin. Simon says I do I do. I.

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Do believe in spooks, simon says, separation of church and state simon says now do as I.

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Say because god talks to me, simon, says: god wants us to be compassionate and open our.

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Borders to the entire world, simon says now: send all the cubans back because they know.

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Communism doesn't work, simon, says, fly an airplane into a building, then you'll go to heaven and.

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Get 70 virgins simon, says too bad. Your 70 virgins come with padlocked cast iron chastity.

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Belts, simon says, banning books is the work of right-wing kooks simon, says now be in the.

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Dr zeus, books because the little elkins are white supremacists simon says restrictive.

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Gun laws help fight terrorism. Simon says now: leave behind 80 billion dollars worth of guns.

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Tanks and bazookas for the terrorists in afghanistan, simon says the first amendment is necessary.

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For a free society, wait a minute get rid of the first amendment before someone exposes.

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My corruption whoops, I forgot to say simon, says thank you. Francis uh next up is uh page.

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Trace with the subject of portsmouth.

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Good evening paige trace 27 hancock street here's the riddle. What sorry it won't tag.

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Them can we have a start over. Please sure, thank you. Here's the riddle. What can't you.

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Get by wearing your finest or by accepting stuff is it appropriate or simply disrespectful.

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Not giving it can be called poor judgment, regardless of the circumstances in celebration.

N

Wearing a top hat indoors in a place of worship, a house of god is disrespectful and inappropriate.

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You were elected, you set the example. Your poor judgment to some was your choice to wear.

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Your top hats in a dreadfully wrong location. You were guests in a house of worship and.

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The three of you appeared to be blissfully ignorant of it great example: counselors ignorance,.

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Is not an excuse for an elected official, the mayor gets it. Sadly, you don't counselor andrew.

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Bagley and counselor kate cook vibrancy vitality, make it pretty 75 percent of the storefronts.

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Downtown are merchants. True fact: what do you think this town would look like if they all.

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Closed from lack of business, that's really vibrant! Isn't it really pretty? Maybe you should.

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Think of that, while you're busy not caring about keeping the parking in front of merchants.

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They depend on it. Our parking belongs to everyone, counselor bagley, ah but here's some good news.

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For you, there's still likely to be a free meal out there for a while how inappropriate.

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Is it for a city, councilor or those running for council to take a free meal and drink.

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From a restaurant or bar, as you admitted to me in front of witnesses, there's take that's.

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Taking a gift, counselor bagley, when you take that gift for free you place yourself under.

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Perceived obligation to the giver clubs, expensive private clubs are no exception. In answer to.

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You ask first on every vote involving restaurants. I believe you now have a conflict of interest.

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Mayor kelly and councilor blaylock you both own food and beverage establishments, you're.

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Conflicted your own votes tonight affect the profits of your businesses. Remember the words.

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Of robert sullivan, does it put money in your pocket? Take it out real or literal for all.

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Of you, ignorance is not an excuse. The answer is respect. You earn it. Thank you. Take the.

N

Page [applause], all right guys um next up is mark brighton. um I wanted. I think this.

B

Is gutter dining? Yes, it is okay,.

F

Mark brighton, uh south mill street.

F

Is in terms of gutter dining, who is directly affected by the thousand car per day, restriction.

F

Obviously, not those on uh on the sidewalk directly jumping j's, thirsty, moose, goat clipper.

F

Definitely because I understand according to rumor, they are not the flavor of the month.

F

At the at city hall, where are you councilor denton there you are councilor, didn't uh you want to give reduced.

F

Rates for those who uh compost those restaurants, that will compost, is foxy the only game in.

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Town effectively, the only game in town and uh do you now or have you in the past, had.

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A business relationship with fox.

F

Will you vote or will you recuse it doesn't matter because it will still go 8-zip assistant.

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Mayor kelly, you will directly benefit this time that isn't even a question.

F

Will you vote or will your accused it'll still go 7-zip.

F

Now, back to you consulate bagley, how many restaurants are you still getting free meals.

F

From it I mean, maybe they give you a pass, maybe they do not, but it is the perception.

F

Of this is that word perception again. It is the perception that you may still be getting.

F

A free meal that should really be bothering you no problem, though, if you recuse it'll,.

F

Still go 6-zip, but then we. Finally we get down to uh council of blaylock, because you.

F

Also benefit, but maybe it'll go just 5-zip.

B

Thank you mark all right guys.

B

The eric anderson do you want to speak uh just on fees and hold the mcintyre stuff till.

B

The public hearing.

O

uh Thank you, mr mayor city, council. My name is eric anderson, 38, georges terrace, portsmouth.

O

um I'm here to comment: I'm a little confused. The way the agenda is assembled because.

O

Under um under uh council bagley and councilor cook's discussion on a sample motion, four.

O

Outside dining for the 200 2023 season is I'm not sure if the way the motion is constructed.

O

If they are going to make the motion, if it's going to be final policy, if that motion is.

O

Passed and is there going to be any public hearing on that motion if it is passed since.

O

It has some financial implications to it. I'm not going to comment on the structure of the.

O

Motion except for item e, which called brought out my attention, at least from some some perception.

O

um That and as it reads it says, restaurants requesting a parking loading zone, encumbrance.

O

Can receive up to a 500 reduction if they compost food waste for sidewalk spaces, that.

O

There would be a 200 reduction, I think it's beyond the the responsibility of the council.

O

To to offer these financial carrots, um you know for restaurants, I think it it it. It also.

O

Encompasses an administration, a burden to the city to see who's going to police. This.

O

um I I don't have any like. I said I don't have any particular qualms with the fees that.

O

You come up with I'm just I'm just very concerned that the policy of this council is going to.

O

Be if this motion proceeds to some type of final effect that that it's providing financial.

O

Incentives that, I think is beyond the duty and the responsibility of the council or the.

O

City- and I you know with regards to um it's with no malice, but I think you know it'll.

O

Be interesting to see how this vote goes, because I think there could be some recusals. um You.

O

Know appropriate recruiters for the for the monetary consequences that this motion goes.

O

Forward, I'm still a little confused if the motion goes forward. Does it go to the next.

O

Extent of any type of public hearings, the agenda does not discuss that and I think it's.

O

A concern that you should all have to see provision e in this restaurant policy for.

O

2023. Thank you. Thank you. Eric uh next up uh on the outdoor dining program, kevin dwyer.

B

Hi everybody, my name is kevin dwyer, I'm a resident native here at 461 middle street.

P

In portsmouth, I also own dwyer's pub at 96 bridge street in portsmouth, and I'm here to.

P

Talk about the city's outdoor dining program, um my business turned three years old last.

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Month, which never would have happened if outdoor dining the program hadn't taken place during.

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The height of kovid and I'm always grateful to the city for making this happen, uh the.

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The program has been a silver lining, I think, of the pandemic, and I asked that the council.

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Consider a few factors going forward from the perspective of a business owner um last.

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Year, the square footage rate was set at five dollars per square foot for patios that don't.

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Use parking spaces, including my own, which has been recommended to double in price. This.

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Year I I agree with the idea that having businesses pay a fair amount, encourage us to feel like.

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We have a stake in the game and more to risk if we don't do the best with our patios. However,.

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I would like to know the purpose or to know if the purpose of the program is to generate.

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Revenue or create vibrant outdoor spaces in the city which most residents and guests in.

P

The town desire uh realistically, and especially for small business owners like myself, an increase.

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In the rates actually takes away from the money that we can put towards increasing the.

P

Quality of our patios there's a wide range of businesses in portsmouth, with very different.

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Levels of resources and to double the square footage fee hits the smaller businesses more.

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Profoundly in the instance of my patio, we don't take up any parking spaces and have.

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Less impact on traffic flow if the rate doubles, I may not be able to afford the program and.

P

As everybody knows, rents are already high in portsmouth and the increase an increase.

P

Of this magnitude makes the already high cost of space even higher for business owners. My.

P

Patio effects traffic flow in a lower traffic area just outside of downtown. If my patio.

P

Is perm if my patio is parameters by square foot, we're say 20 feet by 60 feet versus 20.

P

Feet by one foot, the effect on traffic would be the same. However, the wider I make the patio.

P

The more expensive it quickly becomes, the city does not lose revenue with pad with patios.

P

In my category, so I asked that the council consider whether the current rate is fair.

P

And what the purpose behind raising it would be, uh the increased revenue is much less impactful.

P

To the city's budget than it is to an individual small business. Thank you and thank you for.

P

Your uh your communication with the business community on this, thank you kim [applause],.

B

Next up the uh peter huda on the budget department and outdoor dining.

B

Good evening, council mayor peter huda, 280 south street, uh the first thing I want to.

H

Ask for clarification on the measure that councilor tabor has on the table. It reads.

H

Move to report back on preliminary 2024 trends, major budget drivers, potential tax impacts.

H

And city manager guidelines at the january 25th council meeting my ask for clarification.

H

Is is he asking for a report here for all of these issues, or is he asking the city manager.

H

For guidelines on the budget, and since I have my handy dandy city charter here, um basically.

H

um This is one of the duties of the city council to set the guidelines for the budget and the.

H

City manager enforces that policy, so I would really like to know if this is a full motion.

H

What it encompasses the next thing is outdoor dining, as you would recall, or I did as I looked.

H

It up today in your meeting of february 22nd 2022. The last statement was that outdoor this.

H

Would be the last year for outdoor dining on any roads. um It appears that you're making.

H

An exception- and that exception only covers one industry here, please keep in mind on all.

H

Of this we have more downtown than restaurants. We have doctors, we have lawyers, we have hairdressers.

H

We have jewelers, we have everybody that needs parking, the parking that this will take up.

H

Again, that's one side: the other side is the revenue that this would generate last year.

H

The city manager was very cordially provided guidance to this council. The guidance was.

H

That to recoup the amount that would be needed for a parking space that should be charged.

H

To each restaurant encumbering that space was fifty seven hundred dollars, this council.

H

Took it down to 1500. that's a difference of forty two hundred dollars on each space.

H

My calculations last year, somewhere around three hundred forty two thousand dollars this.

H

Year, we're doing the same thing, so I guess I would ask. There's no covet most of the restaurants.

H

Received ppp funds main street funds to the tune of about 100 about 25 million dollars.

H

Now this benefits only us a small part of the population. I asked you to consider all.

H

Of the rest of us in this decision, thank you. Next up we have joni dickinson.

B

Joni on the subject of rotary, are you still here.

B

um uh Esther kennedy on the topic of dumping and outdoor dining.

Q

Esther kennedy, 41 pickering ave and I request the city to get the up front and open about.

Q

All the places that we have dumped or that we have made deals during previous city councils.

Q

Even 25 years ago, 30 years ago, 40 years ago, we have an issue that I think I'm hearing.

Q

Everyone tonight and we're talking about all these little issues, but I think you have the.

Q

Front of you, the biggest issue that'll get bigger, banfield road, so I asked that we as.

Q

Residents deserve to know, we know on jones app. We have a major dumping area. We that has.

Q

Been considered close to coakley there's a lot of dumping areas in this city. The deals.

Q

Were made with a federal government and with other entities morona road, so I ask that you.

Q

All let your citizens know where these dumps are, so that we can be open and transparent.

Q

And we start talking about how we are going to come up with a potential millions for lawsuits.

Q

And I'll be honest for you, the rest of the stuff tonight is pretty small. I believe compared.

Q

To that outdoor dining, I ask you to be smart about outdoor dining think about it. I've been.

Q

Up here before asking you to consider everyone consider all those small businesses consider.

Q

The rainy days when no one's really around yet maybe a local resident will run into a.

Q

Shoe store and pick up some shoes if they can park right up front and quickly run in.

Q

Or they'll run into a stationary store to pick up some stationery if they can park up.

Q

Front and run right in. I really think that in many cases our outdoor dining was great.

Q

I voted for it during a time of need, however, we're not in that time of need any longer.

Q

And there are some other things we could probably look at and get creative if restaurants need.

Q

To come up with a plan, but I ask you to consider every entity downtown and I saw this and I.

Q

Was kind of shocked that if we're talking about fees, how come it's not going to the.

Q

Fees committee: we have a process and a protocol here folks, and I would encourage you to follow.

Q

It um so as you're thinking about dining outdoor dining. I really hope you think about all residents.

Q

And what the? What shutting down parking spots will do for those other entities and those.

Q

Other commercial places that some of us might just want to pop into. Thank you. Thank you.

B

Esther uh next up, we have all right um chris craft you're here. No, I think you left uh rachel.

B

Henderson nope, okay, we're gonna, go back to the.

B

um uh Mark brenner from elliott on prescott park, etc. Good evening everybody I'm sure you missed.

R

Me, since the last time I was here october 3rd, I think it was all right, so any most residents.

R

Do not know about prescott park, they really don't. I've talked to many many people, even.

R

People here in the room, they have no idea that you're transforming prescott park into.

R

Something different- and this was a five-year project that was five years ago when they.

R

Put it together, they was 15 to 17 million dollars. Then- and it's probably 50 million.

R

Today, who the hell knows all right, um you're starting phase one in the spring and you're.

R

Moving that shaw building to the street instead of raising it, which would be much less money.

R

Then they say you have no money to fix the building up. Now, where did all the money go.

R

I mean: is there something that taxpayers should know? Maybe that is why you're taking the independence.

R

Away from the auditors and adding three of you to that committee that you formed, am I.

R

Not right, oh you don't answer me. I forgot that's right all right anyway. I think that.

R

uh A nice way to uh get the word out is to send it out with the spring taxes. Everybody.

R

Would know and explain what's going on in the city how you're transforming that park.

R

Taking down the trees, getting rid of the parking lot moving the flowers all right, making the.

R

Whole thing different and people need to know this, and they don't why. So my suggestion is.

R

Send it out with the tax bills, all right all right mayor, you ceremoniously put the pride.

R

Flag up in june next to the american flag and the state flag of new hampshire, I don't.

R

Think you should have done that. I mean only three percent of the population belongs to.

R

That pride flag, so it stood there june july and half of august. I would like you to let.

R

Me put my historical flags up there. This coming june july and august, I've got two beautiful.

R

Historical flags I can put up and I'd love you to do it and if you want to do it ceremoniously.

R

Like you did great, but that's what I'm asking from you all right, what else.

R

All right, the black lives matter over at uh 244 marcy street, that's painted on the wall.

R

There in a historic district violating some of the laws, and it's still there and miss.

R

Cook I brought this up last time and it's still there, how come your neighborhood you.

R

Walk by it every day, okay, the other thing I want to talk about is that we each get three.

R

Minutes but yet you set aside 45 minutes for us, the public to speak.

R

Well, if five people come up for three minutes, that's 15 minutes, there's still a half hour.

R

Left I mean you guys all make enough money. In fact, I never knew you guys made 50 grand.

R

A piece- and I know what you make too man- I never knew this. I thought this was like.

R

Public service, you know this, it's news to me as well: yeah, okay,.

B

uh Next, so the rest are mcintyre um speakers, um we're gonna, move to.

B

The public, let's see.

C

Yeah, I would just wait a motion just to pull up c, so we can just get through uh so suspend.

B

The rules and pull up public hearing c, um known as the mcintyre federal building public.

B

Hearing second, uh it will have a roll call vote.

B

A

Assistant mayor kelly, yes, counselor tabor, yes, counselor denton, yes, council moreau; yes,.

A

Council bagley, yes, council lombardi; yes, council, blaylock, yes, councilor cook, yes, mayor mccackery,.

B

Yes, unanimous um so we'll start with the public hearing adoption resolution authorizing a.

B

Supplemental appropriation from the unassigned fund, balance for the design and engineering.

B

Of alternate plans, the redevelopment of the mcintyre federal building surrounding property.

B

City council has determined the sum of 150 000 is to be appropriate from unassigned fund.

B

Balance to defray the expenditures for the design and engineering of alternative plans.

B

For the redevelopment of the mcintyre, federal building and surrounded property of the fiscal.

B

Year ending june 30th 2023, um the city manager, will add to this city council of questions.

B

And then I'm just going to go through the list of names and call you up to speak on.

B

This you didn't have to sign up to speak on this, but since you did I'm going to use this.

B

Order first for the first three minutes, then everybody if you want to continue to speak.

B

You'll get five minutes of the second and then in a limited amount of time. So listen.

B

To the city manager we'll hear questions and then we'll we'll start with uh gerald duffy.

B

As the first sign up, thank you, your honor. I will be brief, but for those at home who.

J

Do not have the benefit of the packet. I will read from the packet and just share some some.

J

Brief thoughts as a reminder: in april 2022, the city in sobo square llc, executed a settlement.

J

Agreement that resolved a lawsuit brought by sobo against the city related to the mcintyre.

J

Project over the last seven months, the city sobo, its partners completed a design for what.

J

Is commonly referred to as the community plan, the preliminary cost estimates for construction.

J

Of this plan have varied widely, as discussed at our december 5th council meeting the city.

J

Did request and was granted an extension of our license with the general services administration.

J

For the mcintyre building and for the submission of our application to the national park service.

J

For an additional 90 days or until march 31st 2023 during this next three months, the city.

J

Will be engaging in discussions and negotiations with sobo regarding the design, the division.

J

Of capital and contributions to the project, the division of the expected revenue return.

J

And other pending elements, specifically, we plan to take the next 90 days to contract.

J

With financial, real estate consultants and an expert construction cost estimator to evaluate.

J

The information that we have to date and I'm looking to see if the city attorney would.

J

Like to add anything before we turn it back over to you mayor, I would simply add that.

S

Operating under this settlement agreement, part of a litigation risk for the city in.

S

Terms of how we operate under the settlement agreement, whether we comply with that agreement.

S

Etc, and that's the reason why the city councilors really can't speak too much to that, because.

S

It is involved in potential litigation.

S

B

Well um with that, um if are there any questions I'll pass it up to the um the public hearing.

B

Starting with uh gerald duffy, are you with us all right? Remember three minutes. First,.

B

Time five minutes then unlimited. I made a note that by probably gonna three minutes.

T

So can I wait till the second round? Is that the best way to do that? If you want to say.

B

That you're going to just come up and speak. So we have you on the record of you're, going.

B

To plan to speak in the second round, so uh general duffy 428 pleasant street. um My comments.

T

Will probably exceed three minutes, so I will come back when you call for a second speakers.

T

All right, uh christina lusky,.

U

I'm christina lusky 94 odion point road portsmouth when considering appropriating up to an additional.

U

One hundred fifty thousand dollars in expenses for the mcintyre project- please do not spend.

U

One penny more than necessary, so much has already been spent on this over the years.

U

This council has up to now not made the taxpayer a high priority. This must change. You must.

U

Also, not keep residents in the dark about mcintyre financing. Likewise, when negotiating.

U

With the developer about the amount of the city's financial contribution to this undertaking,.

U

Bear in mind that we're dealing with inflation, a volatile stock market, a possible upcoming.

U

Recession and revaluations in another 18 to 24 months do not negotiate out of desperation.

U

Even though there is a tight deadline, the mayor may have been on to something when he.

U

Stated in an interview that reducing the size of the project could lower costs, I would add.

U

That simplifying the design could also help. Hopefully the architects could at least attempt.

U

These modifications to the plan in the time allotted by the extension in your zeal to.

U

Complete the mcintyre application, don't lose sight of the long-term consequences. Do not.

U

Become the city council that makes the city of portsmouth permanently unaffordable for.

U

The middle class due to high taxation do not sacrifice the portsmouth taxpayer on the altar.

U

Of the mcintyre development, thank you christina next up is sue paladora on the first three minutes.

V

The polydora middle street um every time I read an article about the mcintyre about what.

V

The city is on the hook, for I get reminded when I was really young. I bought this car.

V

And a month later, at about five or six hundred dollars worth of repair leaders, I realized.

V

That I have bought a lemon, I think we have a lemon and we cannot make lemonade out of.

V

This one we can't make lemonade out of this one, the more I read about it. The costs are.

V

Going to double you remember that big dig in boston years and years ago was originally.

V

Estimated at four billion dollars ended up costing over 21 billion dollars, nothing that.

V

Has to do with government is usually within budget. It's just going to be the beginning.

V

Of a hundred thousand dollar more two hundred thousand dollars more, when is it going to.

V

Stop, I think that we, uh the the intent of the previous council when they terminate it.

V

This leaves when they terminated the contract. Before was the right thing to do, and I still.

V

Believe it the more I read about, what's going on the more I believe it, so this is going.

V

To be a mess and the people are already tired of hearing about mcintyre. Believe me, we have.

V

Ptsd about mcintyre and you're going to hear about it more. Something is going to happen.

V

Something's going to break uh this uh cain is done, is not turning out to be a really.

V

Good partner for this project, I would prefer just to open up the postal service postal.

V

Office again and shut everything else down, I don't care about the building, just let it.

V

Rot we'll have an open space right there green space, let's have a park instead of housing.

V

That nobody is going to be able to afford. So that's all I wanted to say thank you. Thank.

B

You sue [applause] see um bill will come back to you elliot um next. Up is uh mitch schildman.

W

Good evening my name is mitch schulman. I live at 620, lincoln avenue about 10 years ago. I.

W

Was the chairman of the school board here in town and worked very closely with maya.

W

Farini and the whole school board to convince the community that it was important and worth.

W

The effort to renovate the old middle school and build a new addition on parrot avenue.

W

That cost about 40 million dollars. It was a project worth the investment with benefits.

W

That we see to this day we spent hours and hours in public meetings explaining to people.

W

Why we thought this was the right way to go? I haven't heard anyone say we shouldn't have.

W

Spent the money- I know what it's like to ask my friends and neighbors for a boatload of.

W

Money, but the mcintyre debacle is a whole different kettle of fish 75 to 150 million.

W

Dollars for what so, a real estate investment company one by the way, who has threatened.

W

To sue the city and has already been paid, two million dollars can make an adequate profit.

W

In my wildest dreams, I can't imagine why you would want to continue to do business with.

W

A company that has threatened to sue you, they have already left a bad taste in my mouth.

W

And I don't even know them the first city council that dealt with this issue foisted.

W

An end of term agreement on all of us that didn't taste very good either all but one.

W

Was booted out of office? Hubris was the word I heard many people say at the time. The next.

W

City council had no tact, no good sense and zero diplomatic skills. They created a very.

W

Antagonistic relationship with a developer and sent us set us on a path towards being.

W

Sued in court, this city council has had the good sense to begin to settle this issue. It.

W

Has already cost us two million dollars and I understand why and you did the right thing.

W

Yet I'm sorry to say I don't have any faith that you can necessarily do any better for.

W

Whatever reason the portsmouth city council has proven over the past few election cycles,.

W

That it is incapable of handling this type of large public-private partnership. I say.

W

Let it go, I'm done with this project. There isn't anything on the table that I think is.

W

Worth 70 to 150 million dollars, my opinion is short and not so sweet figure out a way.

W

To carve out a bit of property for a city green space park and then unload the rest.

W

Let it be developed by the private sector, but in the process, keep a watchful oversight.

W

And make sure you hold them to all in every city regulation. Thank you. Thank you. Mitch,.

B

Next up eric, if you'd like to speak on the mcintyre eric anderson.

O

Again, thank you, mr mayor at city council. My name is eric unison, 38, georges terrace. I'm.

O

Not going to speak with some of the eloquence, that's going to come forward to this evening.

O

On this particular issue, what is what is it it? I think it's time for some transparency.

O

In this I I was disappointed with the explanation from the city attorney that we still have.

O

If I heard correctly that we still have litigative issues that have are under consideration after.

O

Paying two million dollars to settle the first dabbatical, so I mean why why the silence on.

O

This with the tap with the with the obligation to the taxpayers potentially are going to.

O

Be put on the hook for that this issue doesn't have some transparency. I think that's what.

O

Everybody's desiring here is what's under the table, that people just don't know about.

O

When people don't know they get fearful, and that's just not right, I think it's your obligation.

O

To be, as is forthcoming with every aspect of this particular subject, so that people.

O

Can see it in the light of day that it deserves? Thank you eric [applause] next step, jim lee.

X

Mr mayor counselors, so each week I get from merriam-webster the dictionary people a little.

X

Yoned word your used word and the definition of that word and the use of that word in a.

X

Sentence last week's word was boondoggle. A boondoggle according to merriam-webster is.

X

A wasteful and practical project or activity, often involving graft the use of that word.

X

In a sentence says, the project is a complete boondoggle over budget behind schedule and.

X

Unnecessary as a bonus, I guess they have an intransitive word here for a person that participates.

X

In a boondoggle, they're called boondogglers, so that's my summation of the mcintyre project.

X

Thank you, jim.

B

Y

Thank you. I'm susan dennenberg 44 weibert street, appreciate your being here to listen.

Y

We all know there's no such thing as a free lunch, but for some reason I think people haven't.

Y

Understood, there's no such thing as getting a building for a dollar. That's what was promised.

Y

To us and that hasn't happened- it's been a lot of history here, which I didn't think you know pretty well. Other people will.

Y

Remind you of it! But having made this settlement for two million dollars to get out of a lawsuit.

Y

That you probably could have done better with in court, is concerning to me and to a lot.

Y

Of the public here too, um in addition to the two million dollars I understand from reading.

Y

The paper that you're on the hook for other payments that are incurred by third parties.

Y

As well in the future, with amounts that are unknown now before you, you is a request for.

Y

Another hundred and fifty thousand dollars I've said before and I'll say it again. This.

Y

Is not a good project for the city? The developer has different goals than the city does. I think.

Y

It is a situation where we have irreconcilable differences and we should get out before we.

Y

Go any further here: this partnership has no benefit to the city when people were asked.

Y

They wanted the post office to come back. The post office isn't coming back under this scheme.

Y

Of things because they built in the back so much, you could never get a truck in there.

Y

To even deliver the mail to the building, the developer seems to have a default of saying. If I don't get what I want, I'm going to sue.

Y

You and we're, maybe back to that again. I would urge you to stop squandering the taxpayers.

Y

Money and put an end to this project, it hasn't been a useful project. It's not a desirable.

Y

For anyone in the city, I would suggest that you vote no on this expenditure and sever.

Y

Your ties with the developer, we don't want to become partners with somebody who we can't.

Y

Y

I'm also somewhat concerned, if there's any city councilors who had were given money by.

Y

The developer, whether wittingly or unwittingly, if that might have happened through a political.

Y

Action committee and, if that's the case, anyone who took money from a developer should not.

Y

Be voting on this. My understanding is that the attorney general's office is still looking.

Y

Into some shenanigans that happened at the last council election [music] and I would.

Y

Simply ask that you consider that this is not a worthwhile project and you should not.

Y

Approve this. Thank you. Thank you. Susan.

B

Next up is peter samsich.

B

You have three minutes. Thank you, mr mayor and city council, peter samsich, 34, sweat, avenue.

Z

um I too would like to second the idea of not approving this money until we have more.

Z

Transparency about the whole project, what I read so far about the current status is.

Z

That we have a design that's been agreed to, but that the financials have not yet been.

Z

Agreed to so I for one would like to see that design, because when we went through the long.

Z

Process of public input, there were some things that were clearly the opinion of the public.

Z

At the time we wanted a project that had a the post office, a complete post office. There.

Z

We wanted a project that included a lot of green space and, through another survey that.

Z

Was done at the time, people agreed that we're the public should be willing to pay something.

Z

Of taxpayer money so that we have a say in this project and how it's done and that's.

Z

Why the community plan was such a popular choice and, if you recall, michael kane and.

Z

His company said that project is unbuildable, so here we are talking about a design. That's.

Z

Been completed where mr kane had said, he can't build it. So I'd like to see that design and.

Z

Of course, I'd like to see the financials later on as well, but it seems to me there's a dissonance.

Z

Here between the developers, intentions and what the community said they wanted now, the.

Z

The legal opinion we just heard is that some of the things that we as the public want to.

Z

Hear you can't tell us because of the settlement, so if this settlement basically hamstrings.

Z

You into talking and being transparent about this project, then there's something inherently.

Z

Wrong about the settlement, that's that's not in the best interest of the public and if.

Z

You recall the first michael kane project that was proposed was rejected by the general.

Z

Services administration, among other things, for not being providing not providing enough.

Z

Public benefit so I'd like to see a whole lot more transparency and a whole lot more.

Z

Design and what you've agreed to so far before we approve any more money in this whole issue,.

Z

And um I really think that the the cost of the project doesn't scare me as much. I think.

Z

This should be a public public project that the public supports. It's an important project.

Z

For the city of portsmouth, but what's more important than the total budget of what it.

Z

Will cost us is how much of that will the developer pay? How much will we have to pay.

Z

And what kind of revenues can we expect back? Those are the considerations we have to make.

Z

Before we just discard the whole project as such, so I ask you not to approve any more.

Z

Money until we have more transparency and I'd like to see that design right now to show.

Z

Me that it is like the community plan that people wanted. Thank you thanks. Peter.

B

Thank you. Next up is roy helsel and the subject of mcintyre.

AA

Evening, roy helsel 777 middle road.

AA

Good evening I say again, but I think that as once, we paid two million dollars to this.

AA

Organization, that's supposed to be a partner and always thought partners were 50 50 on.

AA

Everything, it seems like they demand what they want and we get nothing except higher.

AA

Taxes out of this.

AA

I know that one time that the council cut the bands with them and I don't see why we.

AA

Don't use binging, he is a developer. That said, he would take care of everything that the.

AA

People wanted and he would have the green space and you people took back our developer.

AA

That does not become a partner, they demand too much and that's not a partnership. So I.

AA

Think you should cut it down and the two million dollars. What did you pay for that? We could.

AA

Have something that we want, but that still they want everything and they give nothing.

AA

So that's not a partnership. Remember that.

B

Next up is steve, barndar.

AB

Good evening, everyone, um my wife, I'm 120, ridges court in portsmouth, uh we've been supporters.

AB

My wife myself from the beginning of the mcintyre project, I ran for the city council on successfully.

AB

uh I guess it's not worth almost four three and a half years ago and one of my uh planks.

AB

Was really mcintyre and what a bad agreement it was with the developer at that time, primarily.

AB

Looking at the land lease and the cost, um I I take my hat off to developers in town.

AB

And and elsewhere, but here who come before the city boards who go out with their financing.

AB

Borrow from their banks, leverage themselves and come in with it come up with good projects.

AB

And adhere to the uh the designs that said, they were going to build uh numerous examples.

AB

Eric schimberg's projects downtown mark mcnabb like it. If you don't like it, I I understand.

AB

Huge building and these guys go out here- we have a partner uh in- I don't know mr kane.

AB

Is here tonight or not all right from the beginning that I find there have been mean-spirited.

AB

uh He has added nothing when asked to speak at project as his developers sobo and he's.

AB

Collected two million dollars for legal blackmail in my book. um I I think you should vote against.

AB

The spending any more money, uh any amount of money we spend 75 000 plus on the principal.

AB

Group came up with numerous designs, the same people and and others uh hundreds of people.

AB

Went to those workshops and spent a lot of time coming up with what was a reasonable.

AB

Plan so I don't, I, I think, the the ground lease uh I don't. Even we don't even know uh as you've.

AB

Just mentioned what you've agreed to, but for the start, hey, we agreed uh with him with kane.

AB

And writing for two million dollars that he isn't going to bring a lawsuit again. Is there a disclosure but he's uh ultimately agreed not to test to bring a lawsuit against the.

AB

City again, you don't know so, uh mr benny uh and and others but benny particularly have.

AB

Step have shown us that they were willing to build it uh out of their own pocket money.

AB

uh There was the threefold time the lease uh agreed to or talked about that time was.

AB

Three hundred thousand dollars, as opposed to the paltry figure of a hundred thousand.

AB

Dollars that the original agreement with kane was so, I would strongly uh urge you and.

AB

To vote against this to not spend any more money at this time. Thank you, steve. Next, up.

B

We have um we'll go back uh to bill hamilton.

B

We will get to them in a second thank you. Bill, hamilton, elliott, maine former downtown.

AC

Business owner in portsmouth for 42 years- and I promise you that I did not collude with.

AC

The prior speaker I had written this previously, the mcintyre project is a boondoggle.

AC

Wikipedia defines boondoggle, as quote a project that is considered a waste of both time and.

AC

Money yet is often continued due to extraneous policy or political motivations. The situation.

AC

Can be allowed to continue for what seems like unreasonably long periods as senior management.

AC

Are often reluctant to admit that they are, they allowed a failed project to go on for.

AC

So long in many cases the actual project itself may eventually work, but not well enough to.

AC

Ever recoup its development costs, that's wikipedia merriam-webster, as my former speaker mentioned,.

AC

Defines boondoggle again as a wasteful or impractical project or activity, often involving.

AC

Graft and the oxford english dictionary calls it quote an unnecessary and expensive piece.

AC

Of work, especially one that is paid for by the public, the original idea for the mcintyre.

AC

Was for the city to receive the building and its land for a dollar from the general services.

AC

Administration through the national park service, not specifically for its commercial or development.

AC

Value but as a public benefit for the people of portsmouth, a requirement of the national.

AC

Park service for turning over the property in the first place, then the city decided to.

AC

Enter into a public-private partnership, where the developer would assume all costs of development.

AC

And the city would pay nothing but and lease the property to the developer again for the.

AC

Benefit of the public. The developer's initial plan was rejected by the national park service.

AC

For, among other things, the developers excessive profit margin when the city rightly balked,.

AC

And changed course: the developer threatened to sue the city. Then the city reached an ill-advised.

AC

Settlement agreement with a developer not only paying the developer two million dollars.

AC

For the rejected plan, but also guaranteeing the developer future and exclusive development.

AC

Rights to this very same project, so here we are today with a city on the hook for millions.

AC

Of additional taxpayer dollars for a period for I'm sorry for a project with minimal public.

AC

Benefit but a guaranteed rate of return for the developer. If this is not a boondoggle.

AC

I don't know what is thank you bill.

B

Next up is marie bodie.

AD

The azure members of the committee- excuse me my is my audio working. Yes, yes, okay.

AD

So I previously signed up to be on this call for an event that is happening on a professional.

AD

Matter but I want to divert this conversation as a personal resident of 121 state street.

AD

And a former employee of the peace development authority and hearing what is happening with.

AD

This mcintyre project. I would like to commend that last speaker because I did work for the.

AD

Peace development authority in the 1990s when we had a one dollar transference of the peas.

AD

Tradeport to the state of new hampshire- and there is a um unusual circumstance that is.

AD

Happening with the developer, kane and the city at this point in juncture with guaranteed.

AD

Revenues and my implement at the pba was in then again 1990s when the most extreme property.

AD

With the most visibility at the trade port was leasing for twenty five thousand dollars.

AD

An acre here we are with the mcintyre project in the center of town. The developer is certainly.

AD

um Gaining all of this income stream guaranteed revenue I as a resident, don't support it of.

AD

Course I work for a developer, so I have a convergence of opinions and I didn't intend.

AD

To speak on this matter tonight, with all due respect mayor declan, I was trying to mcgregor.

AD

Excuse me, I was trying to speak previously on also the outside dining, so um I just support.

AD

That a lot of the folks that I've listened to tonight as a resident from downtown portsmouth.

AD

Against the mcintyre project and against um the or in support of the lawsuits and all.

AD

Of these things, I don't believe that we have a partner, and that is me marie bode, not an.

AD

Employee of mcgraph property. So I'm sorry thank you. Marie sheridan wood, next up, sheridan.

B

Lloyd and then we'll go to anybody that wants to speak for the first time from the audience.

B

That didn't sign up.

AE

Good evening, thank you very much for listening. I've learned a lot from many of the other.

AE

Speakers uh having to do with mcintyre a lot of things have been going on somewhat behind.

AE

The scenes involved early on and it's just been incredibly difficult to understand and.

AE

The level of stress that's been involved in, what's being developed in the mcintyre project,.

AE

So I will speak about what I originally thought about the mcintyre project. um I do know there's.

AE

Huge amounts of money involved and I think that's a problem for the city of portsmouth.

AE

But I will read off what I was originally saying. I still believe in the fact that the.

AE

Mcintyre property is a legacy project for the city of portsmouth, in 10, 20 or 50 years.

AE

From now, the residents and visitors should be able to enjoy the city-owned property and.

AE

Have it be the draw downtown for our community in future years? People will say this is great.

AE

I'm so glad the city and people of portsmouth had the foresight to make the space happen.

AE

For all to enjoy for the benefit of the residents and for everyone, some other examples look.

AE

At wagon hill farm in durham, that's a successful legacy project that residents of durham and.

AE

The whole seacoast enjoy because of the foresight of durham government and the residents of.

AE

Durham, another example is the rose kennedy greenway in boston. I agree with peter and.

AE

Have heard many more about the problems with this project, we need to make a statement legacy.

AE

That city owned and its public community plan project for the benefit of the residents red.

AE

Gay kane is not interested in the details and the requirements of the benefits of the.

AE

Public the mcintyre project overall, I think, is a good idea, but I think we have an issue.

AE

With redgate cane and sobo, I think we're being strangled and potentially killed by them. They.

AE

Are not a partner? There are other options. I believe the overall project is good, but.

AE

I don't think redgate kane sobo has our best interest. Thank you. Thank you. Sheridan [applause].

B

Okay, uh there's speakers on zoom, but there's speakers that have uh stood up so we'll go.

B

Back um again, first time, speakers, if you can uh you don't have to line up all of you right.

B

Now but we're going to go with paige first, I just want to sense. So then we can go back.

B

To the the, uh when I don't see anybody stand up there, I'm going to go back to the zoom.

B

For those on the zoom all right, mr mayor page, trace27 hancock, like another speaker earlier.

N

I respectfully asked to be able to speak at five minutes, not three. Thank you all right.

B

uh Bill downey 67 bow street. uh I think a lot of people are really underinformed and.

AF

Misinformed and as I've said from the get-go you've all heard me say this a number of times.

AF

This has been a corrupted process from the day. One people think that the city is going.

AF

To split 50 percent of the cost now most of you know, that's not accurate. What I'm calling.

AF

For mayor is action that merits and reflects your rhetoric, rhetorically you've said you.

AF

Want inclusion, participation, that's what democracy requires, but what we've been experiencing.

AF

This whole process, pretty much, has been close to authoritarianism. We have very little participation.

AF

It's very linear in thought. The notion that you can't share information because there's.

AF

A potential lawsuit is borderline. Insulting to me, I think it's nonsensical. It's been used.

AF

A number of times over the over the history of portsmouth, you know, as dick bagley said,.

AF

Many times you got to stop hide behind that shield of a potential lawsuit. Now, if things.

AF

Go sideways down the road sure, but there's no pending lawsuit. You guys sign yours that.

AF

Agreement in april, you know I felt about that. That's why you brought the lawsuit. That's.

AF

Where we are, what I'm suggesting now is looking at options beyond that, you know bill benny's.

AF

Still in the wings city never had the decency to acknowledge his bid, he's still out there.

AF

The benefits over 75 years would eclipse there's not going to be any benefit. You know the contract.

AF

That says it has to be 92 percent occupancy. Before we see any money, we're not going to.

AF

See any money, it's just going to cost cost costs, but before we go anywhere mayor I would.

AF

Ask you to introduce a public forum, so the team, the project team, could ask questions.

AF

To the city manager, the city attorney and the rest of the team, people are in the dark.

AF

That's not democracy, so are we going to be an inclusionary city? Are we going to be more.

AF

Linear and dark, because that's where we are right now and I know you have the burden to.

AF

Make this work, but no money should be approved until there's complete transparency. We need.

AF

A full accounting, whether it be legal or financial, and if you don't do that, you're complicit.

AF

In an authoritative rule, thank you. Thank you. Bill [applause].

F

Mark brighton, south mill street other than the dirty rotten tricks of steve marshand.

F

And did I just say that they were terrible and awful, but in case I didn't I'll say it.

F

Again, terrible awful tricks of steve marsh end. This council, the prior council, got flipped.

F

Because they couldn't close the deal on mcintyre and believe me, if you folks, don't close the.

F

Deal on mcintyre, the city manager will have to be put on a suicide watch because she loves.

F

This council, I mean absolutely loves this council because they do whatever she wants.

F

Thank you mark.

B

Good evening, everyone patricia bagley, 213 pleasant. um Don't really have any notes. I.

AG

Was expecting a presentation, I was expecting city councilors to ask questions. That's what.

AG

The agenda said, but it's another public hearing where we have to come and guess and say a.

AG

Lot of things that probably don't make any sense to any of you, because we don't have.

AG

The information and um I feel as though I should apologize for that, but it's not really.

AG

My fault, um as far as the appropriation, I would ask you to not vote for it. um You've.

AG

Asked to hear from the public- and you are certainly hearing from the public- I I can't.

AG

Agree to wanting to spend more money on something I don't even know about what I do know is.

AG

That, as I said, probably four or five years ago, project as best I can tell offers us everything.

AG

We don't need and nothing we do. We really need 45 apartments at market rate. Do we need.

AG

Another dozen retail spaces and we're paying for that and you're paying for that and even.

AG

If you don't own a home and you're renting it, the costs will be passed down to you by.

AG

The person who owns your property we're all going to be paying for this, and we get no.

AG

No information: I didn't expect a reading from what I had already read five times to try.

AG

To get some glimmer of information, there's nothing! It's really disappointing.

AG

I would be happy to pay off this developer um because I think he's acting in bad faith.

AG

I'd rather, we just kept the building, as is we can hire someone to redevelop it and there's.

AG

Parking already there, we don't need what's in this project and we certainly don't need.

AG

The dishonesty which is what lack of transparency is it's not being honest. Thank you. Thank you.

B

Pat [applause].

AH

Good evening peter harris 249 islington street, I appreciate hearing all the other residents.

AH

Voices tonight on the mcintyre this past year, the residents, the voices of the residents.

AH

Have not been heard when it comes to this project. Residents are not being updated on.

AH

The work and changes being planned, I feel the council has provided zero transparency.

AH

In the mcintyre process this past year, the meetings, if any, were closed to the public.

AH

Not open not an open door. Any no meetings on this issue need to be open to the public.

AH

We deserve this, the mcintyre is a gift to portsmouth and residence and not the developers.

AH

Thank you, computer [applause].

E

Good evening I'm nancy brown live on busy bartlett street and um there's so many things.

AI

That people said that I agree with, but the things that come to me and what I believe.

AI

In is that, as citizens, we truly have a voice in this, and we need to be listened to and.

AI

What I've come up with is um that I think it's time as citizens and the developers that.

AI

We compromise that we figure out a way to compromise and get this done and do it and.

AI

Consider the compromising do not ask for any more money developers. You've got enough. You.

AI

Know and tell us why you need any more money and punish us for put putting this aside for.

AI

A while, let's truly focus on what the problem is, let's come together. Look at the real issues.

AI

Look and include, uh as my scribbled notes, are private and public coming together, compromising.

AI

And get this done, you know we don't don't need any more over development in portsmouth.

AI

When I tell people I'm coming here, they say why do you even waste your time? Look at what's.

AI

Happened to portsmouth in the last two decades or the last 10 years, especially every time.

AI

You get to portsmouth herald, they have a front page at least twice a week of a two more million.

AI

Dollar houses being sold, that's not who we are, you know so, please, let's consider compromising.

AI

You can do that the developers can do that and let's get this done. Thank you. Thank you.

B

AJ

Street just an observation, obviously we're in a legal situation as the city attorney.

AJ

Commented on the very beginning, highly unusual, given the emotion that's behind this whole.

AJ

Issue that we would start off with a city attorney telling us that, even though we paid.

AJ

Two million dollars we're really threatened every day and we have to therefore conduct.

AJ

Ourselves in private, without transparency to the public, because we could get another.

AJ

Lawsuit, so basically we are back where we started and that's legally, where you are so.

AJ

It's great to say, I'd like to have grass, instead of a built out site, that's 99, built out with.

AJ

A thousand retail establishments when we have vacancies in the town as it is, but that's.

AJ

Not legal, that's not the position that we're in so as much as we would like to change it.

AJ

We can, and I think what would have been more appropriate tonight that you let off saying.

AJ

We need 150 000. If you look at the plans that are out there, there's demolition plans this.

AJ

Is 150 000 because there's demolition going on that's marked? What is what is the request.

AJ

Why is there a cost overrun? There will be they'll continue to be cost overruns and you've.

AJ

Set a new precedent now of telling us we can't know city attorney because we could get sued.

AJ

I think what you've heard tonight and I'm saying this, mr mayor a little bit tongue and.

AJ

AJ

We're going to hear from a speaker who wants five minutes, who had a guest uh peace in the.

AJ

Portsmouth herald.

AJ

Peter samsich wrote once and had his editor of john tabor's fort smith herald to be what.

AJ

Used to be edited and that's what we as citizens go through, but there seems to be a connectivity.

AJ

And, as mr duffy says, the reality in the arm, our amendment says you can kind of say what.

AJ

You want and people might believe it or they might not. Mr duffy keeps talking about the.

AJ

Backstead five remember: they made the right decision that you overturned I'd love, mr tabor.

AJ

To instruct his paper to start now talking about the boondoggle nine.

AJ

Little tongue-in-cheek there, mr mayor [applause], thank you very much. Thank you. Dick.

H

280 south street, I'm requesting to speak in a five minute period. Thank you.

H

I um actually know how to do boondoggle and I feel like I should make keychains for you.

Q

All out of my boondoggle with some of my students, so maybe that'll, be something down the road.

Q

um I just ask that I liked what miss nancy brown said. We need to get this project done.

Q

But we're back, we need to have common sense. We have a citizens plan and I've seen some.

Q

Rendering sunset citizens plan that aren't really a citizen plan anymore, and I don't.

Q

Know who's involved. I don't know um what money got transpired or if money got transpired.

Q

Or trans transferred between entities, I don't know how much involvement, the city management.

Q

Has I would have to question that with the entity that we're talking about, but the bottom.

Q

Line is we ask for open space? We asked for citizen space. We asked for a place where we.

Q

Could have a place to meet that was one of the decisions. People came together and created.

Q

A plan and when I go online, it's not the same plan.

Q

So why we changed.

Q

I think you need to look inside yourselves and say to yourself: what are you going to.

Q

Do for portsmouth here I know I made a decision and I decided that maybe this developer wasn't.

Q

The right developer to make that decision that do that job you guys decide. This is the.

Q

Right developer, so how come we're still spending money? I would ask that you create a budget.

Q

You show the citizens a budget, an attorney murrell, I'm assuming that is not against turning.

Q

Client privileges and that you share what this project really is going to be. We have.

Q

A saturday event- or we have an evening event and what? How are we going to move forward.

Q

On this, you chose to go with this developer, so tell us a story, and I know we don't give.

Q

Out keys anymore, but I hope mayor you'll put a door stop in and open the door so that we.

Q

Can all see the project, that's what these citizens are asking for. Thank you. Thank you.

B

B

Any other first time speakers will go to zelita morgan.

AK

Hi, can I can I um speak at the five minute speakers at that turn. Please sure thank you.

B

Next up peter whalen, last speaker of the three-minute first time, speakers yeah thanks mr mayor and.

AL

City councilors, um I'm just going to relay something to you yeah, since I was the one.

AL

Who made the motion to fire this uh this developer? I'm just going to read you that motion.

AL

This was back december two years ago. I said that tonight the city is at a crossroads. Redgate.

AL

Cane two weeks before the election restarted a lawsuit against the city of portsmouth and.

AL

Its residents totally political and meant to influence an election. The mcintyre subcommittee.

AL

Has been negotiation, negotiating and moving a project forward, despite threats and character,.

AL

Attacks against the subcommittee, I've been silent, trying to protect the citizens, interests.

AL

With over 50 meetings, I am silent. No more it's time to take action, and with that I made.

AL

The motion to terminate the agreement and to go out with an rfp to get a new developer.

AL

And this council has decided to keep this developer and you're at a point now, where.

AL

You have no ground lease, you had no development agreement, you have a very poorly written settlement.

AL

Agreement that gives a city no outs and there's no transparency. You have a certain person.

AL

Who's been writing columns in the portsmouth herald and what you're going to get from this.

AL

Developer is a bait and switch he's going to go back with his old project and that's.

AL

Really, I don't know, I I'm speechless this. This property belongs to the residents and.

AL

Citizens of portsmouth it doesn't belong to michael caine, though I would urge you tonight.

AL

Not to vote for the hundred and fifty thousand dollars and start some transparency. Let's.

AL

Look at the groundlings: let's look at the development agreement, let's bring it all out.

AL

In the open, I had 50 meetings and I could tell you, after those 50 meetings, bagelin and.

AL

John tabor, I mean I can't believe that we're still dealing with the cane company and what's.

AL

Been going on, you paid them two million dollars we're nowhere.

AL

It's time to end it. Thank you. Thank you. Peter.

B

Have to come up when you're ready to speak.

N

Page trace 27, hancock street, you have a vote tonight and its size requires public opinion.

N

By a hearing with due respect, you have an even shared enough information for anyone.

N

To make an informed opinion where's the financial pro forma, the development agreement, the draft.

N

Form of the ground lease is this project viable without undue cost to the resident who provided.

N

Sobo squares, three figures in the discussion of cost: do any of you know enough to decide.

N

Without the financial performer, or are you just spending more of our money, because the.

N

City manager believes you, should you may have outsourced this project to the city manager.

N

But you shoulder the responsibility: what happens if you decide the developer's original plan.

N

Is to be built, do we get the 2 million back? How much will portsmouth have to pay for all.

N

The improvements all said and done, you're proposing a hundred and fifty thousand dollars.

N

To offset the cost of alternative design, what are you implying more new plans, more old plans.

N

What next, how far can the manipulation go on before residents notice when do residents.

N

Realize the similarity is in name: only. The community plan is the will and the collaboration.

N

Of the people, the plan now appears to have greater mass, more height, less green space.

N

A higher narrower atrium roof and lots of concrete where's the will of the residence.

N

In fact, the buildings look suspiciously in size and height like the developers two original.

N

Buildings, a and b now on an angle, the roof between them, starting now at three stories.

N

Way up where no one will see it so after a certain columnist has been busy assuring everyone.

N

With their opinion that to speak against this outlay of money would bring certain marginalization.

N

To the speaker I say no, please vote. No. The plan of carlisle capital had greater relevance.

N

To the people it was free, the pro forma would be different now, but at least refer to it.

N

It was the vision of a smart man and his dedicated team residents wanted the post office back.

N

They wanted public green space and a project built green councilor denton. He recognized.

N

That the plan also had an awareness of portsmouth's transportation issues and our parking and.

N

Something very refreshing to all residents a green park rather than unaffordable luxury.

N

Apartments, we need more housing, but not our money spent towards benefiting the wealthy.

N

No matter why you chose to run all of you it's best to respect all who put you up there.

N

Your vote is yours, but you make it on behalf of others by the way. Once again, where is the.

N

Financial pro forma, it's likely the national park service and gsa will want to see it. Thank.

N

You thank you paige [applause] other second time. Speakers.

O

Thank you, eric anderson, 30, georges terrace, I'll, be brief. I started my first set of comments.

O

Saying the eloquence of the speakers that are going to speak on this issue, I think, is.

O

Overpowering the depth, their knowledge and their passion with its subject, I think, goes.

O

Very deep and I'll just be brief: you were defining juncture of your elected office. This.

O

Evening on voting on this and bringing at least according to the public comment that.

O

You've sat here and listened to. Thank you. Thank you. Eric.

B

Byron, you didn't speak at first. I did reading the disqualifying me. It does. Oh, no, no good.

B

Evening um other second time, speakers.

B

No other second time speakers.

B

We'll close the public hearing.

B

There's no other second time speakers nobody's you just have to stand up come on, come on.

B

X

280 south street, [music] so, like miss bagley, said I was looking forward to some kind of.

H

Presentation tonight, but instead I went to the website and updated myself what I found.

H

There and I do have pictures of the original and the new one. The original picture had green.

H

Space in it, looking at the new one that we've gotten, it is exactly what counselor former.

H

Counselor paige trace said it goes to the end of the property. It really implies that.

H

The green space is gone and the buildings have been taken up. Another story, there's no.

H

Space, that's labeled post office, which was one of the bigger requests of this of the.

H

Residency and I'm I'm struggling to see, I printed the lower level that has the parking for the I.

H

Counted about 57, 51 residential um places in here, because all of the old spots that.

H

Were in the original plan that were supposed to be condos that we weren't supposed to have.

H

Are now apartments need parking? The spaces in the in the basement, for this are 51 spaces.

H

So where are these people going to park? Where are the people that are that have all the.

H

Retail space going to park, I urge you to look at all of these plans. The next thing I want.

H

To ask is in reading the motion here to defray the expenditures for design and engineering.

H

For alternative plans, so basically this council is asking the citizensry to come up with another.

H

Hundred and fifty thousand dollars for unknown expenditures to unknown contractors for unknown.

H

Services now I guess I would ask how many of you would write a check or agree to pay.

H

Something for this kind of description. If somebody came to your house and wanted to.

H

Build something but you're asking the residents to do that. I also have here the original request.

H

For proposal that was put out, I don't know how many of you have read it. I have, and in.

H

Here the preferred uses provide significant opportunity for the public to gather and enjoy.

H

The property this plan, if this is the plan moving forward, I guess I would say I could.

H

See why you didn't want to bring it into the public for seven months and seize transparency.

H

Because it does not fulfill anything that was in your original rfp and if you're going.

H

To take this to the national park service, again, it's going to be really hard for you.

H

To say that there's significant public benefit because there's not next thing. I would like.

H

To touch on is your your having an issue with the financial plan and the ground lease is.

H

This groundhog day, how many times does this have to happen to this council? We gave you.

H

An out we gave you an opportunity to find something else, and you went back to this. The.

H

Contract that you signed, contrary to probably what miss morrell was informed of, does not.

H

Have any outs, we gave you two million dollars as residents to get rid of the lawsuit and.

H

The threat of any lawsuit- and the first thing that comes back to us, is we're still under.

H

Threat of litigation, there are some problems here and as far as this resident is concerned, who has inside.

H

Knowledge of all of this, because I go in and pull all the stuff. This is a bad decision.

H

That's only getting worse and, from my perspective, I'd like to know what we are giving you a.

H

Hundred fifty thousand dollars for when these plans are changed from what the original.

H

What the original plans were that I know counselor kelly said we're gonna, that's what we want.

H

We want the community plan that doesn't look like what you're getting. Thank you. Thank you.

B

Councilor hudu [applause].

T

Gerald duffy 428 pleasant street um thanks for letting me speak this evening. um I.

T

I too had some questions about the the decision or the motion to appropriate another hundred.

T

And fifty thousand dollars for this project and there's a letter in your packet. In fact,.

T

An email from me saying that we really need we need more information before we commit.

T

More more funds, um I've kind of changed my mind on that. Based on what I've been hearing.

T

Tonight, um the clearly, what we need is other speakers have pointed out is a pro forma financial.

T

Statement um before the city moves ahead, either with red gate cane or with some other alternative.

T

So I would support the motion tonight to appropriate that money, because I think I trust you that.

T

You need this money to get to that point. So it's two months out from now approximately.

T

um And you, um I believe that you will put that money to good use so that when that two-month.

T

Point comes: we've got a decision to make about the project. um The uh the thing that I kind.

T

Of most wanted to make so so you, you know, you've got a hard decision at the fork in.

T

The road, um the thing that that kind of concerns me is uh is not um you, you know, you're you're,.

T

Kind of in the moment and occupied with that. But for the public discussion, uh which will.

T

Continue, um it's very important that we respect the history of the project and the accuracy.

T

Of of that history, um I don't think anyone is intentionally trying to mislead others.

T

um But there have been notes in the paper, and here we we heard it again tonight here.

T

um Misleading information, for instance, to say that the national park service rejected.

T

That first application is untrue. They never rejected anything. um Does a draft a draft.

T

Response from the city that never got sent because it was too late in the in the last.

T

Council, um that has uh all the it has a laundry list from the national park service. Most of.

T

The points were minor, they were small language changes that could be revised. um There were.

T

A couple of substantive issues: one was the height of a particular building, and it turns.

T

Out that that had already been addressed because the um the nps had been looking at earlier.

T

Drawings, um the other issue was with um with the profit margin of the developer and once.

T

Again, the city had prepared an answer, for that was there was nothing uh nobody thought.

T

At that point, that there was anything like a um a show stopper. So it's important to get.

T

These things right so when we use the the terminology we rejected or the national park.

T

Service rejected that agreement, it's simply not true, and what I would ask my fellow citizens.

T

Is that they do more homework? And it's not just you all who have a responsibility, but.

T

We have a responsibility as citizens to get our information right and to ask good questions.

T

In good faith and um to treat the council with respect, um so I would ask people to check.

T

Their uh check their sources. um There was one other example recently in the paper where.

T

Someone who I think is here tonight said that the city uh hired the unh survey center to.

T

Conduct the survey that we did postcard survey, which is also untrue, and the subcommittee.

T

Designed the the questionnaire- and it was so problematic that the city it was beyond.

T

The scope of the city to make sense of the data, so at that point they had to reach out.

T

To the unh survey center after the fact um and interestingly enough, one of the main points.

T

That tracy kills from the center said when she gave a presentation to the subcommittee.

T

Was that the the city would be strongly advised not to make any or to to exercise great caution?.

T

If they made any decisions based on that data and that especially applied to the fight the.

T

Financial quest question where a lot of people appeared to be willing to spend for the city.

T

To spend money on the project, but it was always it depends. What, for and in what form and those.

T

Were written in largely in comments on the survey postcards and they were never addressed.

T

So had they been addressed at that point we would be in a very different place now, probably.

T

So um I encourage the the council to make your tough decision. I would also say that.

T

You know, spend 150 000, that's more change compared with all the money we've already.

T

Plugged into that project and and make a good decision for us. Thank you. Thank you. Jerry.

B

Any other second time speakers.

Q

Esther kennedy 41 pickering ave. um If mr duffy is accurate, then I would ask city management.

Q

And the council to clarify, because it seems like there's differences of opinions, and I.

Q

Know I sat there during this process a portion of this process, so I believe he makes a great.

Q

Point the citizens, don't know citizens don't know. What's going on the citizens don't know.

Q

What you're thinking we don't have a pro forma and we do not know what the federal government's.

Q

Looking for so again where's the door stop, let us know it seems like people are confused.

Q

In accordance to the previous speaker, it seems like we don't know what we're talking about.

Q

In accordance to the previous speaker, but I know I sat up there for a lot of it, I truly.

Q

Believe I knew what I was talking about for the most part, unless things have changed so.

Q

I asked what has changed. I ask: where is the information I ask? Where is the budget? Those.

Q

Seem to be simple things that we can ask for, and I don't think they're going to change.

Q

Or be in legal issues, those should be general information, especially if that information.

Q

Is going to go to the federal government, it should definitely be out there. So if we're.

Q

As confused as mr deputy just shared, then please set us straight and give us the detail.

Q

Thank you. Thank you, esther any other second time. Speakers.

B

Any other second time, speakers all right is the lead up.

AK

Hi, can you hear me yep, okay, hi good evening, thanks for um allowing us to speak tonight.

AK

um I think I agree with uh most of the residents who have spoken to you and to this council.

AK

Tonight asking to not approve uh this, this new money um handout. uh This has been a bad.

AK

Relationship we do not want to continue in this abusive relationship. What is happening.

AK

Here is that the city has refused, since former uh city manager, john boehenko, to really put.

AK

In place a governance for public-private partnerships, uh we had materials and examples and guidances.

AK

From the european union, uh you name it on alerting about how to protect the public benefit.

AK

How the importance of making a structure and a governance that not only protected but gave.

AK

Visibility as to the status and protection of that public benefit throughout the entire.

AK

Life cycle of the project that has never been done. You have already spent two million dollars.

AK

And I am sorry if the former speaker thinks that another 150 is a change, a change for.

AK

Home, let me tell you a lot of people in portsmouth. Okay would think that that 150 would come.

AK

Very handy right now you are allowing yourself by giving another handout from our money to.

AK

Someone who very easily is enjoying this, because it's free money he's not doing anything he's.

AK

Not delivering anything he found a way by threatening threatening threatening. We can.

AK

Get around that by threatening the city and just milk as much as we can cut the ties. It's.

AK

Past time to let go just let go, this is our property and we really don't need the abuse.

AK

Now you can vote chopping, this echo on let our conscience speak, but I think a lot of.

AK

Speakers have provided you with sound information, sound knowledge. So, let's add not by fear and.

AK

Let's just cut this, this is abusive. Stop this right now you have no reason whatsoever. They're.

AK

Gonna thread another lawsuit, all the time they have been threatening all along and they'll.

AK

Continue to threat so what so? Let's cut this I would appreciate you not cave in and just.

AK

Stop this on the track right now. Thank you. Thank you, zelita any other.

B

Zoom speakers, any other uh final speakers.

B

Page trace 27 hancock street mayor mccarron, counselor tabor. I spent two years working.

N

With you on the subcommittee with chairman whalen in full disclosure to everyone, I am.

N

Here tonight, to say that none of us would be willing to put up with a 75-year bad marriage.

N

None of us- and so I'm asking all of you: how would you feel about that hold your nose and.

N

Vote, yes to 75 years of someone being critical and suing you every time you turned around.

N

You leave a legacy, you leave it to the next council, so although people like mr duffy have.

N

Certainly stated very eloquently that we need to go away silently into the sunset and let.

N

You solve this, I ask you, how would you feel about a 75-year, bad marriage? Thank you. Thank.

B

You paige, I am lucky that I don't have to accompl contemplate that I have a wonderful.

B

Wife lori I'm grateful for every day.

B

I don't see uh it was chris brown, a speaker before. No, no I'm sorry chris, you had to have.

B

Spoken earlier, um are there any other final speakers.

B

All right, I'm not seeing anyone rise going once going twice. Closing the public hearing.

B

B

Additional uh council questions and deliberations, um I'm gonna go and and say a few things.

B

Before asking for some there's other questions, I understand this is a difficult would be.

B

An understatement process: it's consumed an enormous amount of our collective time as.

B

A city and forget the money. If we had spent as much time and effort on any number of the.

B

Challenges that we face in the city, I can't help but think we would be in a better position.

B

As a city today, that being said, we're presented with an option uh in front of us an option.

B

That's a result of a settlement agreement. Now the settlement agreement was to settle.

B

The case previously brought before the city council by our development partner. I continue.

B

To stand by the ability to settle that case for two million dollars to have the ability.

B

To work towards the community plan, there was not another possibility for that and for all.

B

Of the depositions of the previous council, myself included that we avoided in settling.

B

That case, giving us an opportunity to pursue this. It was worth it to me now. I understand.

B

In this room, that seems like a minority report and I respect that. But I stand by the fact.

B

That we settled the case in order to move on with a settlement agreement that is also.

B

A binding legal contract that we have to work uh as hard as we can in order to support a.

B

National park service application, and in order to do that, we have to agree on things that.

B

Everyone here tonight mentioned things like a pro forma. We have to agree on a pro forma.

B

We would then have to agree once we get that information on a ground lease we do not have.

B

A ground lease we, we have to negotiate that, along with the development agreement before.

B

We can come back and put an application in to the national park service. We are not at.

B

That point right now um and a decision that that we made collectively as a council and.

B

I very much championed was to make sure that our city manager and our legal team could.

B

Negotiate in order to bring us something that we could vote up or down that we could have.

B

A discussion about we have not received that yet we have a community plan, came in pretty.

B

Expensive, we have to negotiate in order to find a way to be able to support an application.

B

To the national park service, we need more money in order to do that, to negotiate that.

B

In order to submit an application or try to submit an application, it's not a guarantee.

B

That if we spend 150 000 over the next three months, that we are going to get an application.

B

We're going to do our best effort to do so, not just because that's spelled out in the.

B

Settlement agreement. But because we have a responsibility to take advantage of submitting.

B

An application in the national park service. I truly hope that we can do that, but it's.

B

Not a guarantee that we will be able to do that, but this gets us a little bit closer.

B

To saying we tried everything that we could in order to make this a reality. I hope that.

B

We can do that and I hope this money is, is money well spent in that effort. I understand.

B

That it's frustrating not to hear more about that. I am frustrated that we are in a position.

B

Where we don't have an application that we're discussing in public in front of you, but we.

B

Are not at that point yet and we need additional money in order to get to that point or hope.

B

To be able to get to that point, so would that counselor bagley? uh Thank you honor. I have.

AM

Some lengthy comments, so would you want me to go first or last, [music] go for it all.

AM

Right um so appreciate everybody coming here to talk tonight and to express their opinions.

AM

I'm going to give a little uh history of the mcintyre project from my perspective as a.

AM

Citizen and then, where we are tonight, um I don't know if I mean councilor back, I got.

AM

About five minutes of comments, if this this audience needs the history of the mcintyre.

B

Well, I might have a nugget that they don't know um almost 20 years ago on february, 7th.

AM

2003, uh the headline of the portsmouth herald was city eyesore tagged for demolition and.

AM

It's a picture of our favorite building, so so the saga of this one dollar, building that.

AM

Senator judd gregg was going to give to the city of portsmouth, has been going on for almost.

AM

Two decades now, and uh I guess saga is probably the right term uh used to discuss it and you.

AM

Know before I ran for council when people asked me about the mcintyre, I thought you.

AM

Know, that's crazy! It's the ugliest building in town. Why are we turning it into a monument.

AM

Still think that, however, that's a personal opinion, not my opinion, as a city councilor.

AM

um So, where are we today? Well, the reason we are where we are today is because um in 2020.

AM

In late january of 2020, the new council had taken their seats for less than a month with.

AM

The exception of former mayor rick beckstead, who had been on the previous council and there.

AM

Was a motion and the uh councilor taylor moved to reconsider? I'm sorry, I jumped ahead.

AM

Mayor beckstead closed the public comment assistant, mayor splayin said: we need to enter.

AM

Non-Public session and hear from the city attorney on this matter, he said the city council.

AM

Would come back to the chambers at the close of the non-public session, councilor lazenby.

AM

Echoed the remarks of his assistant mayor spleen to take careful considerations on this.

AM

Matter he said we'll need time and are spending time working on this matter on a roll called.

AM

Vote four to five motion to enter into a non-public session to discuss the drown, draft ground.

AM

Lease failed to pass assistant mayor, spleen, councilman, catrin, lazenby and tabor voted.

AM

In favor counselors whalen kennedy, huda, trace customer catcher and said we have spent a.

AM

Great deal of time dealing with this matter, but not talking about it, is wrong. He said.

AM

He's not heard any information since it's a non-public session and has strong objections.

AM

To put the city in jeopardy, he said we need to negotiate in good faith. He stated we have.

AM

A responsibility to the public and he appreciates that. We want to act on this matter, but we.

AM

Have not addressed the answers to go back to the national park service that addressed.

AM

The issue of mass of the building and the financials councilman mccashan said this motion.

AM

Is hasty and we have not finished the conversation from the non from the last non-public session.

AM

Councilor tabor said he voted yes to hear from the city attorney on his legal opinion.

AM

Councilor whalen said we open the dialogue between us as a city council. He said he was.

AM

Elected in november, in the first communications from rhetoric, kane was a threat of litigation.

AM

He said we are sending the proper message to reggie kane that we want to look at the.

AM

Project he indicated that he would make another motion on receiving feedback regarding where.

AM

We stand in the national park service council agency said the form of the ground leaf drafted.

AM

Is dated december 7th 2019 that we received an email in january is that the document on.

AM

The website is unavailable. He said he is concerned that we are trying to move forward with public.

AM

Input in a form of the government ground lease has not been available for the public to review.

AM

It does not feel clear to him or transparent counselor kennedy said she was voted on the.

AM

City council, regarding the mcintyre project, she tried to get the developer to get to the.

AM

Design changed, she said the ground lease has not been voted on and it is time to make a.

AM

Decision and move on she stated we needed to make sure gsa does not give up on us. She.

AM

Stated it is time to listen to counselor traces motion and called for a vote assistant mayor.

AM

Spleen ted said 25 months ago on december 20th 2017. The vote was eight to one to set.

AM

Up the process and led to the selection of redgate cane for the project, he said he has.

AM

Been involved in this matter since day, one assistant mayor spleen, said not getting the.

AM

Advice from the city attorney whether we agree on it or not. We need to listen to city attorney.

AM

Sullivan he stated we need to hire someone that can give expert advice. We need to revisit.

AM

The mcintyre project and not get us into a lawsuit, he said he is concerned. We are not.

AM

Moving into non-public session city manager, canard says she agrees with assistant mayor.

AM

Spleen and urges the council that we go into non-public session because we have new information.

AM

To rely on relay to the city council, councilor tabor moved to reconsider and enter into non-public.

AM

Sec session seconded by councilor mccatron on roll call vote of four to five motion failed.

AM

To pass a two-thirds vote was required, assistant mayor spleen, councilor, mccutchen, lazenby and.

AM

Tabor voted in favor, counselors, waylon kennedy, huda, trace and mayor beckstead voted opposed.

AM

That's why we are here today because counselors with three weeks of service and as far as.

AM

I know no legal background decided to take inaction on a contract without hearing legal.

AM

Advice from the a city attorney.

AM

That that is just disrespectful to the citizens of this city. You can listen to legal advice.

AM

As an elected official and not agree with it and make a different decision, that is your.

AM

Right as a voted or as an elected official to to overrule the advice that legal will.

AM

Give you and say no, I know better, and this is why, but to not even listen to the legal.

AM

Advice is why we are here tonight and why we have a boondoggle on our hands. So what.

AM

I am going to do tonight, even though I was the only one to vote against the settlement.

AM

Agreement because I didn't think it made sense at the time and and I still wish the vote.

AM

Had gone the other way tonight, I will vote in favor of the 150 000 appropriation, which.

AM

I think is a significant amount of money that I would much rather spend on lights for a.

AM

Skateboard park, however, we are in a pickle and we are in a pickle, because people chose.

AM

Not to even listen to legal advice, so I'm pretty upset tonight because a majority of.

AM

This council term has been spent dealing with cleaning up the mess of people that did not.

AM

Respect the citizens of this city enough to even consider legal advice before making a.

AM

Decision that they knew could possibly cost the city tens of millions of dollars. So yes,.

AM

We are in a difficult place. Yes, we cannot tell you everything, we'd like to tell you.

AM

However, the design is on the website. The settlement agreement is on the website. The property still.

AM

Belongs to the u.s government and we need this money so that we can put the financial.

AM

Report together so that we can present it to the city, so I will be voting in favor of.

AM

The motion tonight and I'm ashamed of the actions of the people on the previous council.

AM

Who would not even listen to legal advice, councilor tabor.

AN

Thank you, your honor.

AN

I first off I, I was a part of that difficult process that difficult, though, that we we wanted.

AN

To hear a lethal opinion and didn't so thank you, counselor bagley, for for bringing that.

AN

Piece of history up um there's no easy answer here, um but I think our goal is to get a full.

AN

Submission to the park service, I'm deeply invested in the people's plan having been.

AN

Part of the subcommittee and an advocate for study circles that brought people together.

AN

That mind what the public wanted in that site, they wanted an active gathering place. They.

AN

Wanted green space, they wanted an observation gallery. They wanted it a place that we as.

AN

Residents could go and enjoy and and somehow we need to balance that with a developer with.

AN

Whom we've had a contract for a long time.

AN

I think um to get a full submission to the nps first off. I think the design has has been.

AN

Stated is on the website and it is true to the community plan, with some minor changes.

AN

um I believe that, having looked at it, having voted for um the cost of the community plan,.

AN

Have come in on the high side and the missing ingredient here is the financial pro forma.

AN

So my vote tonight is the 150. 000 will help us develop the pro forma and our contract.

AN

Says we can modify the plan to make it more economically realistic if we need to with.

AN

The development partner and we need design options to do that. I will continue to advocate.

AN

For everything that people wanted in the community plan, I was part of that process, um but we're.

AN

Going to need a little more expertise to see if we can make it work. We've come this far.

AN

And I don't think it's time to sew our pocket shut, um certainly not in in light of the terms.

AN

Of a contract, we have we're in a public-private partnership. The city has obligations, the developer.

AN

Has obligations we have to see if we can make the project work within that framework and.

AN

We have a deadline with the park service and the gsa, uh so we we have to, I think, spend.

AN

This money to get to the pro forma to see if we can get the right balance of costs and.

AN

That we're not going to burden unduly burden the taxpayer.

AN

um And I would ask the city manager: will we be able to fully understand the costs of the.

AN

Project more so than we do now. If we spend this money.

J

Yes, the whole idea of the exercise and the work to be done is to ground truth. The numbers.

J

That have come out in the pro forma and the cost estimating received and to better understand.

J

What we could put forth as the cities conversation continues with the developer relative to proforma.

J

Contribution agreement ground lease development agreement, and to do that, we need to do this.

J

Work, we would then bring the work to the council and share the findings with the public.

B

Council moreau um I'm hoping that the city manager, since some people in the room, have.

AO

Stated that they didn't know that the design plans were made available to the public, maybe.

AO

She could just let it let everyone know where they can find those plans on our website right.

J

It's my understanding, they're on the mcintyre page. So if you, if you type in the search bar.

J

Mcintyre and I'm looking for our public information officer to verify this, it's my understanding.

J

They're all there counselor denton nope, okay, uh councilor bagley nice. Thank you very sorry. I got a little heated.

AM

There, but you know when we make mistakes as a council, and- and I mean any council this.

AM

Council any other council, it puts an undue burden on the people that live here, because.

AM

They have to pay for those mistakes. If I, if I make a mistake and do something that costs.

AM

The city money- it doesn't come out of my um unfortunately, not 50 000 a year paycheck. I.

AM

Think it's about forty eight thousand dollars less than that. um It comes out of the taxpayers.

AM

Funds, so I did get a little heated, um so I forgot the key point after all that so that.

AM

Meeting happened in uh late january 2020 and if the council had listened to legal advice,.

AM

And there had been some delay. It is possible that what happened in march of 2020 may have.

AM

Had mitigation, mitigating factors, so I guess what I'm trying to say is being hasty almost.

AM

Never leads to a better outcome. Thank you, governor, thank you, councilor bagley, and for.

B

Commenting on getting heated, it's not you know we're. There's only one council there's.

B

Not a next council and previous council, it's this council. I hope that we can make the best.

B

Decisions uh for portsmouth and I've committed um to always try to put portsmouth in the.

B

Best possible position in order to get the most out of, but this parcel of land as possible.

B

It's my continued commitment that I'm not going to support a project that doesn't have.

B

A direct identifiable public benefit. I think we need this money in order to truly test.

B

Every assumption out there and uncover every opportunity to put a winning application forward.

B

If we do that and and we fall short either through the mps or we can't come to terms.

B

With our development partner on all of those different documents that we have to agree.

B

On then, I feel as though I've done as best I can on this, but we need this money in order.

B

To do that, and so I will be supporting this because I believe it is the next best option.

B

For the city of portsmouth, I appreciate that many of you disagree with that, um but I am.

B

Bound by what I believe is in our best interests as a city and so I'll be supporting this with.

B

That seeing no other comment, I will ask for a roll call vote.

B

I would wait a motion to adopt the resolution as presented so moved. Second, thanks, cal and.

B

All that, and even we talked all that time, we didn't even have a motion on the floor.

B

That's all right, you want to talk soon. It happens, assistant mayor kelly, aye, counselor,.

A

Tabor, yes, councilor denton, yes, council moreau; yes, councilor bagley, yes, council, lombardi,.

AP

Yes, console blaylock, yes, councilor cook, yes, mayor mckechron, yes, unanimous gonna, take a.

B

10-Minute recess all right, we're good! I don't know the new year. Forget everything how it all works. All.

B

Right welcome back um we're going to go back into it. um First up the first reading of ordinance.

B

And I'll, just uh the first reading of ordinance uh amending chapter seven, uh article 4a section.

B

7A.408 taxi stands designated and wait a sample motion to pass first reading and schedule.

B

A second reading in a public hearing at the january 23rd 2023 city council meeting so.

AO

Moved so check it, any discussion.

B

No just thanks assistant mayor, you could call out on trying to get us some more parking.

AQ

Spaces- and uh I look forward to that day, so um we do have to have a roll call vote.

B

Holly, yes, counselor taber.

A

Okay, counselor denton; yes, council moreau; yes, councilor bagley, yes, council lombardi; yes,.

AP

Council blaylock, yes, councilor cook; yes, yes, unanimous.

B

Next up uh public hearings of ordinance and adoption of resolution, public hearing second.

B

Reading of ordinance amending chapter 1, article 4, section, 1.408, cable, television and communications.

B

Commissions to be named cable and broadband internet commission tonight we have a presentation.

J

Mr mayor, we had the benefit of two of the cable commission. Members rob capone and jason.

J

Hewitt, due to the lateness of the hour, they did leave. However, deputy city managers, deputy.

J

City attorney suzanne woodland is here and they're stead to make a brief presentation.

B

Sorry guys this probably could have happened before the mcintyre appreciate you guys, sticking.

B

It out for a little bit, um oh and uh having spoken with both commissioners uh just of.

AR

You know 25 minutes ago, or so when they left, um if you would prefer to hear from them, you.

AR

Could they would not be in any way offended if you simply wanted to reschedule the public.

AR

Hearing for the next meeting- or alternatively, I'd be happy to summarize here right now, the.

AR

Cable commission's desire to really officially expand the scope of their mission, which is.

AR

To look beyond simply the franchise agreement that we typically have with comcast our cable.

AR

Television provider and try to address some of the other, what they call transport issues.

AR

In terms of the provision of internet here in the city of portsmouth, so looking at in.

AR

Particular cellular service, they did send their draft changes to the governance committee.

AR

Just to see if there were any other thoughts that could be gleaned from either the public.

AR

Or the committee members, there was generally some concurrence that this change makes some.

AR

Sense, there's already been one meeting set up by the city of portsmouth, with representatives.

AR

Of verizon and members of the cable commission- and we hope to set up others to start to stimulate.

AR

A level of interest in kind of resolving what we I think most of us have experienced with.

AR

For example, our cell phone coverage in various portions of the city- so that's their mission,.

AR

If you will to try and expand formally their roles so that they can be a voice to advocate.

AR

For some improvement, so really is up to you if you'd like to hear from them, they're happy.

AR

To come back and try again or if you want to just move it forward, they're good with.

AR

That too, okay got some birdie um yeah. Having reviewed that that ordinance and um having.

AS

Had discussions um with that those representatives on the um governance committee, um I I think.

AS

That the changes are pretty simple and straightforward and I think that [music] um they represent.

AS

The intent of what they want, so I would suggest that we move on and pick it up and move to.

AS

A third reading all right, would you make that emotion? Yes,.

B

It is public hearing public hearing, oh yeah, that's right. We do need the public hearing.

B

But the motion is now on the table uh open this up to a question. One question: first, I.

AO

Just we need to make sure that when we do finalize this, the section a the very first.

AO

Line has the old name instead of the new name in it in the ordinance. So I just want to make.

AO

Sure that gets updated. That's all. Thank you.

AR

All right, uh I will open the public hearing on the ordinance to change the chapter. One.

B

Article 4 section 1.408.

B

All interested participants seeing none I'm going to close or yeah I'll close the public.

B

Hearing on this any other questions.

B

No uh just one comment before we vote this is uh you know it's these you're trying to.

B

Make government a little better and you realize most of the time, uh your people's lives.

B

Just are such a a big part of it and they look sometimes the government to solve things.

B

The amount of time people have reached out to us about cell phone service in the city.

B

Of portsmouth, it's unbelievable how powerful they think we are here that we can actually.

B

Change, you know what uh verizon does or att does and before we had no ability to do so.

B

It's not to say that we will make you know this: a cell phone utopia for for everyone.

B

But we'll have a seat at the table because of these changes. I commend the the cable television.

B

And communications commission uh to to make these changes to look proactively of how we.

B

Can improve people's lives and I appreciate uh the effort that went into these changes.

B

And it will be supporting them so with that a roll call vote.

A

Yes, how counselor denton? Yes, council, moreau? Yes, councilor bagley, yes, council, lombardi,.

AP

Yes, yes, councilor cook; yes, yes, unanimous great and we're now on to the city manager. Thank.

J

You mayor first up would be a request to believe it or not amend the public art funds, ordinance.

J

Which we just completed and the sample motion is in your packet, long story short. What we've.

J

Realized with the very first project, that's looking to take advantage of some excess funds.

J

That remain in the public. Art trust is that when the legislation or the ordinance was.

J

Initially contemplated, it did not contemplate a surplus of funds to be left over and I'll.

J

Draw your attention to the requirement that at least 90 percent of the funds set aside.

J

For public art be expended for the project, so in the case of the foundry art project.

J

Approximately 84 or I'm sorry, 86 was expended, leaving four percent or sixty one hundred.

J

Dollars so we found all this out and looking to honor the request of the council and the.

J

Vote taken at the last meeting to support the sculpture garden as part of the 400th.

J

Project so in order to remedy this situation in the event where less than 90 percent of.

J

The funds set aside for a public art project can be spent. It can be amended with a simple.

J

Phrase and a simple amendment to the existing ordinance that is mentioned in red so with.

J

The indulgence of the council, we would like to place this on the council agenda for the.

J

Next meeting on january, 23rd or first reading to make this amendment.

B

And so it await that motion to place the funding of public art ordinance chapter one article.

B

17 section 1.1705 on the city council's january 23 2023 agenda for first reading, so moved.

AT

Second, any discussion: I just have a question as to whether or not then we have to redo.

AO

The vote on the expenditure of the funds. uh I think it would be cleanest if we did thank.

S

You brother trustee trustee right. I think that the trustees would it would make the.

AO

So can we do that at second reading or do we have to wait till third reading? We can.

B

Combine second and third reading and then we do that right and then we have to do at.

AO

The next meeting, or can we do it at that meeting? Well, we'll come back to you with that information.

J

At second reading, thanks any other discussion, that's a cook! um I just wanted to say that this dovetails very nicely.

AT

With the changes that were already made, especially around capital projects, where they're in a.

AT

Location that we would unlikely be unlikely to place a piece of public art. It allows the.

AT

Council to move that say we have a project at our reservoir and we want to place a piece.

AT

Of public art related to that project, this would also allow us to move that into the.

AT

City, it's great uh roll call vote.

A

Counselor tabor, yes, counselor denton, yes, councilman rowe; yes, council, bagley, yes, council, lombardi,.

AM

Yes, council bluelock; yes, council cook; yes, mayor mckecker, yes, the second item under city.

J

Managers action items this evening is a request for a third, very construction license for.

J

The project at 64 bond street, and, to summarize, if I may there were this, will be the third.

J

License request the first one included the use of 35 square feet on bond mall, along with.

J

14 parking spaces in the worth lot, and that was that was for a period for march 5th, 2022.

J

Through june 3rd 2022, the council then granted a second license to use 650 square feet of.

J

The alley that abuts the property and connects hanover street to the worth lot for the purpose.

J

Of setting a crane along with 10 spaces, all in the worth lot from september, 20th 2022.

J

Through january 1st of this year, 2023 due to delays in the project's design, the applicant.

J

Is requesting a third license to encumber a total of 10 parking spaces in the worth.

J

Lot specifically, four along the alley and six in the lot, and I think it would be important.

J

To note that the four spaces from the alley would be for the purpose of erecting a safety.

J

Fence not for parking, and you have the benefit of the applicant's map in your packet, which.

J

Shows the green line running roughly not quite half through half of the parking spaces, but.

J

They would not be used for parking, it would be used for a fence. I'd also like to clarify.

J

That uh the commenter in public comments suggested the we had been giving away parking spaces.

J

At at no time where this, the parking space is given away, they were paid for by the applicant.

J

And so the request today would take the project from january 10th, which is tomorrow through.

J

To april 1st and the total license fee for this work would be twenty eight thousand seven.

J

Hundred dollars and the representative for the applicant shane forsley is here tonight.

J

If the council has any questions, thank you shane and thank you city manager. Any questions.

B

Assistant mayor, thank you, um mr mercer. We heard and we can see some some of these photos.

AQ

That we, it does seem like these spots, um have currently been used, and they, it does seem.

AQ

That they do block the easement for people to get in and out of their of that garage.

AQ

So I would, I would wonder if you and the construction team would have a solution for that for turn.

AQ

Radius and to potentially leave that spot more open, certainly to alleviate that pressure.

AU

Just to clarify in the future plans for this area in the alley there's going to be four.

AU

Parking spaces those four spaces belong to employees and or owners who work in the worth.

AU

Condominium association, it's all those buildings essentially across the lot and we've been.

AU

Facilitating uh moving their parking throughout the project with the cooperation and participation.

AU

Of the parking department and to reiterate that there will be no parking in those four.

AU

Spaces, it's essentially a safety buffer to keep our work site contained. I know in those.

AU

Pictures, you do see people parking there, but obviously that's a it's an issue getting in.

AU

And out of that parking garage, and so that's what we're trying to alleviate all right. Thank.

C

You mayor counselor tabor, has his hand up counselor tabor. Yes, a question for the city.

AN

Manager, how will we make sure that, as the applicant says, there's no parking there? How.

AN

Will we hold them accountable uh going forward well? Well, we would make sure they were adhering.

J

To the the language in the license agreement and our zoning enforcement officer, jason page.

J

Is no stranger to that part of the world and to projects that are taking place uh in in.

J

Current time, so jason will be sure to enforce that sure. Jason's usual enthusiasm will apply.

AN

If jason has any problems, he's no stranger, he knows where to find me. So it's not uh councilor.

AV

Denton. Thank you. This may be a silly question, but there's not going to be vehicles now parking.

AV

Behind the safety fence, are there correct? Thank you. Nobody will be parking in that alleyway.

B

Okay uh councilor cook, um thank you for coming tonight and answering our questions. um Do.

AT

You envision this as kind of the last request for an extension, or do you think you'll need.

AT

uh Future encumbrance, the last time I was here, I told you it would be my last last request.

AU

For the license- and uh I'm back here again today, um I'm confident in our ability to complete.

AU

The work that we need to get done in the stated period of time now I've worked cooperatively.

AU

With the building department, the legal department they've helped us with encumbrances versus.

AU

Licenses and uh we're confident that we're going to be able to accomplish the project.

AU

Without having to come back to you, guys to ask you for something like this again thank.

AU

You catherine barney thank you mayor. um Since people are used to parking in those those.

AS

Areas will you be putting no parking the fence? Yes, I'm sure we'd work out some sort of mechanism.

AU

With the parking department, um whether it's us, who puts a sign up for them, we can make.

AU

Sure that that's the case, I know, if you uh at least while we still had those uh spaces.

AU

Originally under license, it was almost like free-for-all parking where on a weekend, if.

AU

We went away even though our our fence was up. It didn't necessarily stop the guy who.

AU

May own a restaurant down the road or somebody parking there on, but that's uh some that the.

AU

Parking department can can facilitate as long as we do hold up our end of the bargain. If.

J

I may your honor, in addition to jason enforcing the parking enforcement officers, will keep.

J

Keep an eye on this situation as well and adhere to the no parking signs.

B

Well, uh thank you shane. It seems like we can. uh We can likely approve this. Do we need to.

B

Change it to require signage on this is, or is this something that we will take up administratively.

J

Administratively, we can work with building and parking departments to ensure that the.

J

Proper signage is in place along the fence. Well, um you know at the we're all uh eagerly.

B

Anticipating, when nova cure is able to move in we're all fans of the mission of nova cure.

B

But we have to look at all of these, uh even if it's companies looking to cure or prolong.

B

The life of terminal cancer, we still have to look at it in terms of does this. uh Does.

B

This meet the need and align with the goals. I I believe that we can go to the provident.

B

Condominium hoa and say that that when asked you know this team committed to making sure.

B

That their access and egress to that was uh will be maintained and approved upon, and you.

B

Know it's not lost on you know when we're talking about uh timelines. I do remember, there's.

B

A giant crack that developed on the side of the building, so you know I'm sure that that.

B

Wasn't the easiest thing to rectify? You know appreciate the ingenuity to do that, and also.

B

Keep everybody in portsmouth safe. While you do that so wish you a speedy completion to.

B

This project and look forward to welcoming in the new tenants of the downtown that will.

B

Be a great day, thank you very much appreciate it.

B

And make a motion that we moved that the city manager be authorized to execute and accept.

AO

The temporary construction license to encumber the use of 10 parking spaces in the worthwhile.

AO

Return of 82 days, second,.

B

Can we please have a roll call vote assistant mayor kelly, yes, councilor tabor, yes, councilor.

A

Dutton, yes, council moreau; yes, council bagley, yes, council, lombardi, yes, council, blaylock,.

A

Yes, council cook; yes, mama, cochran, yes, exchange. Thank you very much. Thank you. Last under items.

J

Requiring action, our request for two easements related to the st patrick school, located at.

J

315 banfield road, the first easement, is for the city to grant to the hope for tomorrow.

J

Foundation also known as st patrick's school, a sewer easement for existing sewer infrastructure.

J

Across the city's, the community campus parcel that the city now owns and the second easement.

J

Is to that is for accepting an easement from the school to provide access to water infrastructure.

J

That they installed privately so that the city can have convenient access for inspection.

J

And leak detection purposes, and really this is finalizing easements. The foundation had.

J

Not conveyed prior to the transfer of the property to the city and by the property. I.

J

Mean the community campus, although all parties, including the city, were aware of the easements.

J

Needed so drafts of the sewer, easement, deed and plan to be recorded are included there.

J

Is a possibility of minor adjustments or edits that may need to be made? However, the water.

J

Easement is more straightforward and the school mistakenly recorded that will access easement.

J

For water service prior to the council, approval, so we're looking to gain that council approval.

J

Tonight so the idea would be to a grant the city manager, the authority to both finalize.

J

And execute a sewer easement from the city to the hope for tomorrow foundation and to.

J

Accept on behalf of the city, the access season for water service, as presented and deputy.

J

City manager, suzanne woodland, can answer any questions on the legal front.

B

Any questions oh councilor cook. um I just have one question on the sooner easement on the community campus.

AT

Side, I'm sorry to bring you all the way up here.

AT

Thank you. Thank you. um It's not terribly clear to me from looking at the map exactly where this.

AT

Is campus property is, is there? Is this going to present any challenges in the future for.

AT

Development from what I can tell it looks like it's in wetlands, but um I'm wanting to.

AT

Kind of get a better feel for exactly where this is on the property. We are not anticipating.

AR

That it is going to cause a problem, and uh my recollection is we put some language in.

AR

There to um require relocation, should it become inconvenient. So thank you.

B

I'd wait a motion uh then, to move to grant the city management authority to both finalize.

D

And execute a sewer easement from the city to the hope for tomorrow foundation to accept.

B

On behalf of the city, the access easement for water services is presented so moved any.

B

Further discussion on this kelly when you're ready and we'll call vote assistant mayor kelly, yes, counselor, tabor,.

AP

Yes, counselor denton, yes, council morrell, yes, council bradley, yes, council, lombardi, yes, council.

A

Blaylock, yes, council cook, that's mayor, mckechran, yes, unanimous! All right! Thank you! City manager,.

B

Next up our consent agenda. Wait a motion to adopt the consent agenda so moved. Second.

D

AD

A

Kelly, yes, councilor tabor, yes, council denton, yes, council moreau; yes, councilor bagley! Yes,.

A

Council lombardi, yes, council blaylock, yes, council cook, yes, mayor mckechron, yes, I look.

B

Very much forward to the fairy house tour coming back september 23rd. It was a huge success.

B

Last year I spent four hours there.

B

We're just spending another four [laughter] all right. um We have email correspondence.

B

uh I'd wait: a motion to accept and place on file so moved. Second.

AO

And we'll have a roll call vote when kelly is ready.

A

Assistant mayor kelly, yes, [music] console tabor, yes, counselor denton, yes, councilman.

A

Yes, council bagley, yes, council lombardi, yes, council, bluylot, yes, council, cook, ing stain.

A

Mayor mceachron, yes, yes, portion, passes eight we're eight to zero with one extension. Your.

J

Honor, I know I'm not a counselor, but could I ask for suspension of the rules to allow.

J

The fire chief to speak to item 16 d. It's um approval of a grant acceptance of a grant.

J

So that the oh sure, management performance grant can be spent on a updated plan. Second,.

E

B

And a roll call yep what we just. We just made a motion.

A

A

Hold on I just.

A

Oh, I know 16 16.

A

Assistant mayor kelly, yes, counselor tabor, yes, council denton, yes, council moreau; yes,.

D

Councilor badly, yes, council lombardi; yes, council blaylock, yes, council cook, yes, mayor mckek,.

B

A

All right, um we will sort of vote to suspend the rules or two yeah that was to the system.

B

And the rules, and now we have deep section d, I'd, wait a motion to approve and accept.

B

The grant as presented so moved second- and this is the approval and acceptance of new.

B

Hampshire department of safety, division of homeland and emergency management, emergency.

B

Management performance grant empg in the amount of fifty five hundred dollars. This would allow.

J

The emergency management coordinator to update the plan, which was last updated five years.

J

Ago, wonderful, I don't have any questions when people offer us cash, so I appreciate uh I.

B

Appreciate the work that went in and grabbing getting this grant, I'm sure you know people.

B

Cash doesn't fall off trees, so appreciate the effort that went into the getting this.

B

Grant and look forward to the work that's going to be done on this. Is there any questions.

B

On this none uh kelly, I will when there's a roll call vote, do we have a roll call vote on sample.

B

Motion assistant mayor kelly, yes, councilor, tabor, yes, counselor, denton, yes, council, morrell,.

A

Yes, council bagley, yes, council lombardi, yes, console blaylock; yes, council cook, yes, mayor.

A

Mckechron, yes, yes, thank you. It's already giving thumbs up that doesn't make you choose all.

B

Right um next we have a letter from perry silverstein requesting the city, not favor,.

B

One industry over others regarding outdoor dining and wait a motion to accept and place.

B

On file so move second, uh thank you. I just I just want to thank perry. We did spend some.

AM

Time talking sunday on short notice, all right, um let us uh have a roll call on this. One.

B

If there's no other comment, nope system mayor kelly- yes faber, yes, consular denton, yes, council,.

A

Moreau? Yes, council bagley, yes, council lombardi, yes, council, bluelock, yes, councilor cook! Yes,.

A

Mayor mckechron, yes, unanimous and next up onto the council, um would like to uh irish.

B

Mike informed me, it was law enforcement day, so um I'd like to call out our our men and.

B

Women in blue uh for the work they do every day, um but considering today's law enforcement.

B

Day, thank you for helping keep portsmouth safe. We have some appointments to be voted.

B

Today, first up a reappointment of dana levinson to the trustees of the trust funds, reappointment.

B

Of phyllis eldridge to the zba and the appointment of alan cohen to the task force to study private.

B

Public historical archive committees, I'd wait, a motion to approve there, one more one more.

A

To the same committee, yep you're right, I'm there's an updated agenda: yeah, okay, listen.

B

We can't forget about jeff keith, no, we can't. I am so sorry. um Yes, so appointment of alan.

B

Cohen and jeff keefe to the task force to study private public historical archives committee.

C

So moved second and we'll have a role called the.

A

Councilor tabor, yes, councilor denton; yes, council moreau; yes, council, bagley, yes, council, lombardi,.

AM

Yes, council blaylock, yes, councilor cook; yes, yes, unanimous before I uh pass it on to councilor.

B

Tabor, I would just remind everybody: get your flu shot. uh I got it two weeks ago I got the.

B

Flu two weeks ago, I still have a lingering cough, I'm not uh contagious with that any.

B

Longer but don't mess around, you know, man, flu is pretty tough out there. So get your.

B

Flu shot on that already done, it could save your life um or a long amount of complaining.

B

To your family, all right council, tabor you're up thanks your honor um and thanks to all.

AN

Of you for um being patient with the roll call votes, I uh hope this is the only meeting.

AN

I'm not there in person, then uh my wife's getting much better and we should be able.

AN

To travel this week get back home, um I wanted to put a motion forward uh to sort of set.

AN

The table for the january 25th budget kickoff, I would move for a report back on preliminary.

AN

uh Fy24 trends, major budget drivers, potential tax impacts and city manager, guidelines at.

AN

Our january 25th 2023 council budget kickoff work session and if I have a second I'll speak.

AN

Briefly to it second,.

AN

um The uh for several years, our tax rate increases have been very low. Less than two and a half.

AN

Percent um but we benefited last year from a one-time, 3.6 million dollars of state funds.

AN

On the revenue side and uh through covid, we reduced staff and we had to bring them back.

AN

To the level of services up, uh so we have been adding staff 27 positions last year that.

AN

Have been through the year so that will occur in fy 24's cost. So I'm asking the city manager.

AN

uh To give us a realistic look at the revenue, changes and spending changes and how those.

AN

And the other trends would impact the budget and the tax burden. So my appeal to all of.

AN

You, as fellow counselors in approving this motion, would be to say: let's see the trends.

AN

Up front and early in the budget process, and not wait until we're midway through to see.

AN

The direction things are going and that way we can have a realistic discussion on the.

AN

25Th and throughout the spring, and we can all work together on whatever may be, the challenging.

AN

Trends of this next budget- and I think it's also important because those preliminary city.

AN

Council discussions do set a tone and, lastly, I wanted to revisit the idea of a spending.

AN

Guideline that city manager uses in discussions with police, school and fire um historically.

AN

That was something the city manager would provide and we got away from it last year.

AN

The benefit is that it treats all parts of the city equally, and so the city school board.

AN

And police and fire don't come to us with increases that are out of step with city hall.

AN

Or worse, city hall has to at the end offset bigger increases elsewhere. So I think there's.

AN

Value in that and having a uh and so my motion, predicates, that we hear from the city manager.

AN

On that topic- and I think it's the healthy discussion to have as a council.

AN

Thank you, councilor tabor, any questions, counselor bagley, thank you honor and thank you. Councilor.

AM

Tabor for bringing this forward, I think it's a great idea. The only concern I have in perhaps.

AM

The city manager can answer this is: um is there enough time with everything else on.

AM

Your plate for you to have this by just two weeks from today. uh If I may, your honor, the.

J

This is, um we can provide much of this information, it would be, um it would be responsible for.

J

Us to share as much as much um kind of coming after actions as we know to be true, and so.

J

We will share trends and and drivers, it will be um we'll stop short of giving a preliminary.

J

Budget but we'll speak to what it, what would be reasonable to us to expect on the horizon.

J

So this is very much in keeping with what we'd like to plan to present great. Thank you.

B

Any other questions: council tabor- I have one just on the guidelines.

B

I understand you correctly that we would be discussing that our guidelines with the city.

B

Manager and trying to set a- I guess, a city council goal for the city manager, guidelines.

B

For the departments is that how I should be reading that.

B

um I think that I think we would have a discussion of would there be a a guideline across all.

AN

Parts of the general fund, uh and would that be a direction that the city manager would.

AN

Want to go um because we didn't do it in last year, and and that was an exception. um I'm.

AN

Having discussed this with a little discuss this with the manager and the finance director.

AN

Is probably too early to start, throwing numbers out um we'll, certainly see the major factors.

AN

That shape the budget and the major um pressures on us. But I wanted to hear from her as to.

AN

Whether a guideline would be helpful this year, okay, so in years previous at least while.

B

We've been on the council, we've had things like a zero budget increase being a guideline.

B

And then having to back into that, the ask is to hear what the pressures are on the budget.

B

And then to come up with guidelines based on that discussion. Is that fair? That's right.

AN

Okay and you know, and if we see um big costume, big impacts on the tax rate, um we want to.

AN

Deliver the same services, but are there? Is there a guideline that we can set that that.

AN

Works towards the best outcome for the taxpayer with given those factors. Okay, all right, kelly.

B

Can we have a roll call vote, yes, ma'am or kelly yeah yeah councilor table.

A

Yes, council morrell; yes, council bagley; yes, council lombardi, yes, council bluylock, yes,.

A

Council cook, yes, mayor mckecker, yes, sorry that was, I knew where you're going it's mayor.

AS

Point of water we're going past 10, 30. yep. We need a roll call vote to go past. 10 30.

AT

AT

A

I just I just looked at the times. Oh.

A

um Assistant mayor kelly, yes, counselor tabor, yes, counselor denton, yes, council moreau; yes,.

A

Councilor bagley, yes councilman; yes, council blaylock! Yes, council cook; yes, yes,.

B

All right, councilor, tabor. Your second item is up yes and uh I'm happy to propose two.

AN

Motions developed working two parts on this uh for the on behalf of the audit committee.

AN

Sample motion one is moved to adopt. I'm sorry um unsealed. Let's move to unseal that portion.

AN

Of the city council's non-public session, beating minutes dated december 14, 2022 relative to.

AN

The selection of an auditor only second, uh second, and uh the reason I wanted we wanted.

AN

To do this, there's been a lot of interest in the auditing process and also so that we.

AN

Can have the liberations and discussions tonight more openly, I'm asking the council to unseal.

AN

The minutes of the night, the council heard the audit committee recommendations in non-public.

AN

Session and the audit committee itself has also unsealed effective this evening. All of.

AN

Its minutes so the entire process, if we vote to do so tonight,.

AN

To the public any discussion, a roll call vote assistant mayor kelly, yes, counselor, tabor, yes, councilor.

A

Denton, yes, council moreau; yes, council bagley; yes, council lombardi, yes, council bluff; yes,.

A

Council cook, yes, mayor mckechlin, yes,.

AN

And moving on um we're pleased to report, the audio committee in its current form uh did.

AN

Complete an rfp process and interviews and reference checks, and we have a unanimous recommendation.

AN

To the council for action tonight on an auditor, um I would move to select cla for a three-year.

AN

Contract to perform audit services conditioned upon satisfactory contract negotiations. Second,.

AN

As this auditor all right, any discussion.

B

Councilor moreau um we had a great meeting in interviews with both of the um two audit.

AO

Firms that did present uh from our rfp and I think that moving forward there's a lot.

AO

Less risk using cla one, it gives us a new auditing firm, but two, the other um applicant.

AO

Was actually going to go through a merger process and it gave us a lot of concern that.

AO

They would be really tied up in that process, so we wanted to give a new firm, a chance and.

AO

They made a really good presentation so happy to move forward to use a new firm, hey, councilor.

AV

Council denton. Thank you I'll simply. Add to that that, although I was a post, the ordinance.

AV

Changes which landed me on the auto committee- um that's why it landed you on the honor committee.

AV

Pleased to have participated in the competitive process and I'm looking forward to um the.

AV

AN

You're on, if I could yeah, I just wanted to add that uh we did benefit from the citizen.

AN

Members and their expertise, because what we did was rate the uh competing bidders um on.

AN

Their track record and experience the quality and professionalism and training of their.

AN

Staff, their knowledge of new hampshire law, the size and depth of their audit teams and.

AN

Their sampling and their analytic techniques and how they've done with deadlines and we've.

AN

Verified everything with references, so it was every individual's conclusion and our.

AN

Collective conclusion that this is going to be the right audit form for us, it may cost.

AN

A little more, but I think the value is going to more than offset council cook. Thank you.

AT

Your honor as a former member of the audit committee, I have to say that I am thrilled.

AT

With the results of the work of the audit committee, I'm very appreciative of all the.

AT

Work that I I know it takes to get to the this end result and I'm happy with the outcome.

AT

Of the changes we've made to the audit committee, clearly they've done a a good job. Reviewing.

AT

And we've achieved a successful result in recommending an auditor tonight. Thank you.

B

Thank you and thank you again to hawk jesse and chris, the citizen members who worked on.

B

This happy that we can, um you know more so than changing the auditor, make sure that the.

B

Process to have a fair selection and a selection that the city of portsmouth can be confident.

B

In was followed. That's what matters here. The fact that we have a new auditor, I'm sure will.

B

Be noteworthy after so many years, but what is fantastic? Is the process worked and and.

B

The folks that are on the committee spend as much time to do the hard work, as was required.

B

In order to get uh get to this day, so look forward to that we have a motion. We have a.

B

Sample or a a second and kelly could we have a roll call vote.

B

Sure, yes, councilor tabor, yes, council denton! Yes, council moreau; yes, councilor bagley! Yes,.

A

Council lombardi, yes, council balla, yes, council cook, yes, mayor mckechron, yes, unanimous.

A

All right, um counselor, denton you're up. Thank you, your honor, I'm gonna motion to suspend.

AV

The rules to allow counselors, bagley and cook to bring forward item 15c second.

L

B

B

Sorry um 15. the outdoor dining out. Oh that's right because it's 15. it's their whole thing.

AM

All right, I was looking in there I'll just motion: did the history yeah we'll need a roll.

B

Call on that assistant mayor kelly, yes, councilor, tabor, yes, counselor denton, yes, council, moreau.

A

Yes, counselor bagley; yes, council lombardi, yes, council, blaylock, yes, councilor cook; yes,.

A

Mayor mccackery, yes,.

G

All right, counselor, bagley and counselor cook. um Thank you, your honor. um We come to you.

AT

Tonight, with a motion um based upon discussions of the council in december and recommendations.

AT

That were made to the council and further deliberations. um I I want to ask a point of.

AT

Order before I go through this um to the the city clerk, uh do you need me to read out the.

AT

Entire motion, or can I read the first part of the motion and refer to the the motion.

AT

In the packet you can refer to the motion in the packet. Thank you. I moved to adopt an.

AT

Outdoor dining policy in portsmouth, with the parameters outlined in the packet in sections.

AT

A through f, second, any discussion.

B

I'm going to move to make an amendment because we do have a typo in here. Okay and I motion.

AM

That, under section d, parking loading zone, outdoor dining shall have a permit fee of.

AM

1500 to space or five dollars a square foot which ever is the lesser expense we mistranscribed.

AM

The ten dollars a square foot, okay, foreign.

A

Okay, I think I need a second second.

AM

And um I'll I'll speak to the motion overall um uh counselor cook and I spent a good deal.

AM

Of time with the city manager, um she allowed me to talk with uh parking director ben fletcher.

AM

Extensively so we spent about three hours last friday, going through a lot of parking.

AM

Details and what was determined using ben's formula from the previous year, because we've.

AM

Greatly reduced the outdoor dining season from the beginning of may to indigenous people's.

AM

Day, I believe it went from something over 200 days down to 141 the the in last year's.

J

We had outdoor dining for 210 days and proposed for this year would be 143 days. Thank you.

AM

um 143 days and calculating the cost of a parking space using a fairly complex formula.

AM

The parking director developed with this new time frame, instead of being fifty seven hundred.

AM

Dollars worth of revenue would be 3 517 worth of revenue now that calculation is how much.

AM

That space could potentially generate using uh commonly accepted parking factors and data.

AM

That the city has, however, it does not include if somebody was about to park for two dollars.

AM

An hour in an on-street place space and then they moved to say the foundry garage and parked.

AM

For one dollar an hour, um you would recover half that cost, so the the the cost per space.

AM

Is 35.17, however, I would argue that it's actually probably not half that, um but a little less.

AM

Than half that that we'd be losing, so if we were to approve these fees, I do not think.

AM

The city would as a whole be losing any revenue to further back that up in from july to november.

AM

Of 2021, um oh, I forgot the numbers, do you have them on your phone.

B

Just a second just as we're going down the path of of describing that, could I ask what.

B

um It might make sense to send this to the fee committee, since we have a committee that.

B

Decides what to do with fees and how to apply them? Council cook um your honor. Well, I appreciate.

AT

That suggestion the fee committee is made up of two counselors that are here tonight.

AT

And can help, I think, weigh in here as a council, we made the decision as a council last year.

AT

I don't see why we should change the process that we used before and I think unfortunately,.

AT

When it goes to the fee committee, fewer individuals at home are paying attention to the discussion.

AT

Or necessarily having at the council, I think it's really important that we have this discussion.

AT

Here at the council, so that people are are aware of the discussions. We've had sure I.

B

Guess I would um we wouldn't have the the fee committee that the process would be we'd.

B

Go to the fee committee, they would speak with staff and understand that from a fee perspective.

B

And then that recommendation would come back to the council where we would have that discussion.

B

Again, probably at the either the next meeting or the meeting to follow that so it'd still.

B

Be a public meeting, we would just follow the process that we have of taking fees when it.

B

Comes to fee, since it's a policy just, I think it's a policy, it's kind of unclear because.

B

It's not an ordinance change, but it's policy, so it would be a policy, so it would be subject.

B

To the at least as we stand right now, the fee committee, when it comes to policy with.

B

Regard to fees, uh your honor, I I propose that maybe we um discuss the the research that.

AM

Councilor cook and I did tonight and then after we discussed the research and take the.

AM

Temperature of the council, we could choose to either send to the fee committee or we.

AM

Could uh vote on it tonight? Yeah I mean, I guess it just seems like it jumped a step.

B

In terms of going through doing the research on the fees outside of the fee committee and.

B

Then coming back well-intentioned, but we have a process that we have a fee committee where.

B

We send things in order to identify fees for services that we provide in the city and so.

B

To to have a separate meeting or a separate two counselors come up with something outside.

B

Of that um happy to see all the research we've done go to the feed committee. Along with these.

B

Proposals, but I would imagine that this would go to the fee committee before it's voted.

B

On by the council, I do feel that when I brought this forward in december, uh maybe that would.

AM

Have been the better time to recommend sending it to the fee committee before we commence.

AM

With all the work.

B

Certainly could have sent it then right.

B

Council cook, um your honor: uh is it reasonable to expect that two counselors could come to.

AT

The fee committee and present so therefore we would have four counselors present. um We.

AT

Might need to notice that for quorum if anyone else chooses to attend the fee committee for.

AT

That discussion.

AM

Sure we can do that.

J

That's good. Can we discuss the other parameters of what we just what we are proposing tonight.

AT

Because there's a lot in the recommendations that do not involve fees.

B

um We can get all this it's late in the evening now, um so if I guess I.

B

I am happy to like: where do we want to start counselor? uh Do you guys have examples of.

AO

What roads, when you talk about the evidence of traffic flow below a thousand cars, can.

AO

You give examples of are there roads that have currently been used? That would be less.

AO

Than a thousand and which ones might be more than a thousand counselor bagley. uh Yes, uh thank you um at the last meeting, I believe uh on councilor.

AM

Tabor's request uh pleasant street was somewhere in the neighborhood of 2400 cars per day and.

AM

Fleet street was in the neighborhood of 2500 cars per day congress street. I don't recall.

AM

But it was in the two or three thousand range and hill street was 40 cars per day, and I.

AM

Don't think there's any other roads that would qualify. I think those are all of them. Yeah.

B

Guns tomorrow, uh I would really liked the idea of butter notices, especially the way.

AO

We dealt with it in 2022. There was some recommendation about, maybe even extending that to others.

AO

Would you consider actually adding some sort of a butter notice to this in the future as.

X

Well, but our notice practice that we did last year when we had outdoor dining, we had a pretty.

AT

Robust process of discussing with the butters, especially if the outdoor dining space was.

AT

Going to extend beyond the frontage of the the business that is having hosting outdoor.

AT

Dining so we had that process. It was a very successful one. There was some negotiation.

AT

That took place, I think it's reasonable to re continue with that process, because it's.

AT

Not only familiar to the applicants, but it's also familiar to the butters and in that process.

B

We had it or the recommendation from former planning director beverly.

B

They recommended moving it to non-commercial as well. Is that the recommendation in this.

B

Policy, no, it is not. No. That is not the practice that we had last year. That would be a change.

AT

In practice for the upcoming year- um and I should note that that is just a recommendation.

AT

Coming forward, um but what that recommendation could do is it could effectively eliminate.

AT

Outdoor dining in many locations in downtown, so we have to be mindful of residents and.

AT

Part of being mindful of residents is obeying noise ordinances that we have currently on.

AT

The books and enforcing our current noise ordinances downtown that's what we do to make.

AT

Sure that we don't disrupt the lives inordinate of people who live downtown. But we have to.

AT

Also be mindful that businesses need to operate downtown, and so we we want to be careful that.

AT

We don't um we don't put ourselves in a position that it takes one person to complain and eliminate.

AT

Outdoor dining in three or four establishments yeah it's difficult because beverly's not.

B

Here, but was that the expectation of the um of the extending the butter notice to non-commercial.

B

Entities as well, it was, I think, it's ultimately the the consideration and I'm looking at the.

J

Presentation that was given at the last council meeting that staff would recommend the continuance.

J

Of the programmatic requirement to to notify a butters in the way we did last year and.

J

If it were the will of the council to support it to include abutting residences as well.

J

And the budding residences would not be from a well, I guess it could be from anything, but.

B

It would, I think the examples were people looking to get into their building things.

B

Like that, that would be my understanding. Yes, uh counselor cook, um your honor, I think we.

AT

Have to be really careful when we use the term of butter, I will say that in in my neighborhood.

AT

Which is a pretty tight neighborhood if somebody two blocks over does a project on their house.

AT

I get enough butter's notice, so you would have to be extremely specific as to each location.

AT

What defines a butter at that location, and that would mean that we would have to do an.

AT

Assessment of every single business operation downtown and what qualifies as in a butter.

AT

At that location, beyond the businesses on either side yeah. Thank you. um One of the.

AM

Items in this motion item f, which may potentially resolve some of this. The city manager has.

AM

The authority to act with notification, the council, if any unforeseen circumstances occur.

AM

Or unexpected adjustments are needed so to kind of echo counselors cook concern which.

AM

Is that if we use the word of butter- and we include everyone that lives downtown, there's.

AM

It's reasonable to assume that some people don't like outdoor dining, so it may be impossible.

AM

For any restaurants to get a waiver or a sign off, however, if we left it to the city, manager's.

AM

Discretion for places where outdoor dining would have a concrete conflict for some reason.

AM

With a specific resident that may be a workaround, so I guess I was. I was last time so just the.

B

Level set the butters notice were when you you had a threshold yeah, you had a you had.

B

A right to do it in front of your business and then to increase beyond your business.

B

We required in a butter's notice and approval to to do so now it doesn't seem like it. I.

B

Guess I'm not reading this correctly that if it was in a butter's notice to require.

B

To go out beyond your own business um to have the buy-in of the um of the uh the a budding.

B

Residential units as well, because you'll be going into their spot or their space in front.

B

Of the not just the restaurant, where you can do in front of your restaurant, but in addition.

B

Outside of of that, so like one would one place might be sandwiched by uh commercial uh uses.

B

And and one might not be established by commercial uses so like how do we, um but it doesn't mean.

B

That that that person, that's a residential use, would have the same rights to say you.

B

Know I don't want uh this in front of my building. Yes, I think I understand what you're saying.

AM

Your honor- and I think that makes sense, but I think there's concern at least on my part.

AM

That when we use the term of butter, we might mean somebody on the third story above a street.

AM

Level- I don't know what I guess my concern is. I don't want to pass an ordinance that.

AM

Is um so constrained that we eliminate outdoor dining um in practice, if not in theory, okay,.

B

Yeah, uh council bluffton cancer. Thank you. I just feel like this is a really important.

G

Subject- and I don't see the brush on it- I think it's kind of late right now to be talking.

G

About just this, you know I mean, I think this is a people would like to see us talk about.

G

This it's quarter of 11 right now. um I don't know if we're gonna, you don't even I just.

G

Trying to get the sense of um if we're going to be efficient on this makes more decisions.

G

If everyone's still awake enough, listening or performing at our best right now or if.

G

We should table this councilor tabor.

B

um Yeah, I was also curious as to whether the staff had recommendations about market square.

AN

Day and I don't see any accommodation in this policy for market square day and accord with.

AN

Those and I also agree with councilor blaylock, um you know we're going to get deeper into.

AN

This- and um I don't see that we have to quote this tonight- I think it could go through feed.

AN

Committee and come back the 23rd or even later assistant mayor all right. Thank you. I would.

AQ

Also echo the same sentiment. I think that, um as we look to set a policy for the third.

AQ

Year now and look at potentially an ordinance for outdoor dining, I think that we have to.

AQ

Make sure that we have a lot of public input? I know that last year, when we had discussed.

AQ

This uh we had a plethora of emails and a huge rally of community support, and I would.

AQ

Love to be able to give those residents a chance to come and publicly speak more based.

AQ

On the suggestions that I've written here by the two counselors and also other suggestions.

AQ

uh My my own note is, I was concerned not to see in writing the the restriction of size.

AQ

um As in in front of their own store their own storefront window space, um I think that.

AQ

That needs to be very clearly written, which it has been clearly written in the last.

AQ

Especially last year, so I think we need to make sure that um there's there's a difference.

AQ

Between being prohibitive and being protective of our space, and so I think that we needed.

AQ

We need to walk that line. Finally,.

B

The other um thank you assistant mayor. The question I have is last year, I'm trying to.

B

Remember what we did with this? We had recommendations. We voted to change those recommendations for.

B

Year, one didn't we change it, so it was a sliding scale that it went up each year and these.

B

Are the same as they were last year there was discussion of of increasing fees over.

AQ

Time to the potential recommendation of what staff had, which is why we reduced the outdoor.

AM

Dining season by about 60 days, so we're we're instead of asking for more money, we're giving.

AM

Them less time, which also returns the parking to inventory faster. So what we're trying to.

AM

Do is maximize the outdoor dining season to be when most people want to be outside and.

AM

Make sure that we get the parking back in the winter months when people are less likely.

AM

To want to walk during a nice summer day, people are typically more likely to walk a little.

AM

Bit further on a cold blustery day in november, it's a bigger ass to ask somebody to walk.

AM

A couple minutes, I also have one more question: if I may, your honor sure um about the language.

AQ

uh In letter c, um it says existing or restaurants, with existing platforms and surrounding designs.

AQ

For prior seasons will be grandfathered in with permission of city manager, all outdoor.

AQ

Spaces shall have tables in separate chairs to allow for uniform accessibility. There are.

AQ

A few that um I I worry that that's a contradictory statement that we are, we are grandfather and.

AQ

Summon but then also saying you have to have um accessibility when we know there are some.

AQ

That would be grandfather dead. That would not have accessibility, so is it. I could think.

AQ

Of one or two off the top of my head that were pre-done platforms that did not have.

AQ

Full accessibility, so I I would say grandfathered in as long as.

AT

I can answer that one. um Actually, none of the pre-done platforms that are existing that.

AT

Would be allowed under these changes are not accessible. So, um though, there are only a few.

AT

I think that we're talking about, I don't know that those are allowed given traffic flow.

AT

um With these changes, so um that wouldn't be an issue. The other thing that this change.

AT

Requires is that um restaurants build a platform to make their space accessible. You have to.

AT

Have accessibility so that is a change, and that was one of the recommendations that came.

AT

Forward was to make it look more like I don't know, if you remember the images in december.

AT

Of the rosas dining space that had a platform, that's accessible, so um that's really the.

AT

Request, that's coming forward making sure that we're accessible now there there is one.

AT

Space that I can think of that does have bench seating um and has an accessible uh platform.

AT

Space, but they also have tables and chairs, so that space is accessible to someone who.

AT

Is in a wheelchair, yeah yeah, I think one of our goals with this ordinance was to really make the outdoor dining.

AM

Locations more aesthetically pleasing so as it has evolved, we've started to put up guard.

AM

Rails to make it better and better looking and some of the guardrails that we have in.

AM

This ordinance may disqualify I'm thinking of one place in particular. That is particularly.

AM

Nicely done but doesn't really follow the letter of the law here, so we don't want to.

AM

Take a very accessible aesthetically, pleasing location and tell them that they don't quite.

AM

Follow these rules so they have to start from scratch, but we do want these rules in place.

AM

For the people that didn't put as much effort into building a platform and whatnot, but we.

AM

Don't want to penalize the people that spend large sums of money early on a let's say, a.

AM

Technicality, I mean we also don't want to penalize people who can't afford to spend.

AQ

Large sums of money on on fancier platforms, so I I just want to make sure that, while we're.

AQ

Looking at this- and we look at an aesthetic reason, we I we always have to think about.

AQ

The other end too, I just a point of clarification. So uh point b says uh outdoor dining shall.

AQ

Not in encounter street flow can you list list off those streets again for me yeah, so.

AM

It would be the um pleasant street yep fleet street yep and congress, and, if you want, I.

AM

Can give you the four restaurants, so we would not allow those, but by any means if this were.

AM

To pass without any amendments, that's correct and what are those it would be. The clipper.

AM

Tavern yeah, it would be the franklin yeah, it would be. Jumping jays and the goat and.

AM

Potentially, although I don't think they would bring it back um flatbread because they didn't.

AM

Have it last year, so I guess I wonder where you are headed on congress, because it doesn't.

C

Congress start turn lanes. Okay, so you're talking about the attention. Yes, changing the flow.

AM

Okay and then we have a second part, that kind of addresses congress, but that's more of a long-term.

AM

Plan, yes, I, like that plan.

AT

Council cook, um one of the ways that we're trying to make it not cost prohibitive for.

AT

Those businesses that that, um for those businesses, that this is an expensive um endeavor, is by.

AT

Keeping the fees at fifteen hundred dollars per parking space, because if the fees went.

AT

To to 3 000 per parking space and say you had two spaces um that cost is, you know six.

AT

Thousand, if you lower the fees, they have the amount of money to build a platform and to.

AT

Make their space more accessible by using the difference between what the the cost would.

AT

Be with the higher fee so with a lower fee, you may get more aesthetically pleasing more.

AT

Accessible outdoor dining space, then I think that benefits everyone and I guess sorry again.

AQ

Another point of clarification: if there are example- and I I think in my head say moxie.

AQ

They are accessible with a with a rubber ramp. That say, you know uh the navigators lovely.

AQ

Gave out to restaurants, would they be required to build a wooden platform.

AM

That's why we put the city manager discretion because there are a couple locations. I can't.

AM

Think of where they are, where the curb is so flush with the street, that a platform would.

AM

Actually be counterproductive, but what we want to do in in the way I look at I'll speak.

AM

Individually, as myself as a counselor is that I've said this before the reason we did it.

AM

Was to save restaurants during covid the reason I want to continue it the reason. The feedback.

AM

I've gotten from residents on why they want to continue it. Is they like the vibrancy of.

AM

Downtown so this is no longer um an economic uh safety net for restaurants. This is uh let's.

AM

Set the fees at a number that we think will have enough restaurants to participate to.

AM

To make it vibrant downtown, however, let's also set enough uh regulations so that it's.

AM

Aesthetically pleasing, so what I'm trying to achieve here is a high level of outdoor.

AM

Dining at a cost that recoups, um I would say, close to almost all of the city funds that.

AM

We'd lose otherwise, but I'm not looking to drive revenue in that sense, I'm looking to.

AM

Make our downtown more walkable, more vibrant and, I think, requiring restaurants to really.

AM

Step up their gain, aesthetically is, is a factor in that it seems like it's difficult to require.

B

Restaurants to aesthetics or they're they're tricky, um but wouldn't it make sense to fall.

B

A if your point is that we want to lower fees so that they invest in your in good good.

B

Fancy looking outdoor dining, wouldn't we just keep the fees the same and figure out or raise.

B

The fees and figure out a way to incentivize by discounting a x percentage of the fee if.

B

It went into beautification approvable demonstratable beautification of that, instead of trying to.

B

Grandfather in and then also create a a lower fee off the jump, but then require potentially.

B

More money to be spent in terms of platforms- I don't counselor, didn't tie his hand up for.

AM

A while, but if I could just real quickly respond mayor before we jump over and and councilor.

AM

Cook and I and the city manager spent a lot of time on this and you're absolutely correct.

AM

It's very difficult to come up with a you should make this look better somehow, and this.

AM

Is kind of what we came up with, but I think it's also good that we're having the discussion.

AM

Here tonight, because that may be a more effective way to do it, but I I had not considered it.

AM

Council cook, um the only challenge with doing it that way in incentivizing is that you're.

AT

Essentially, punishing the people who already invested that kind of money up front because.

AT

They can't get a discount um because they're not building a new platform they're not doing.

AT

Anything differently than they did in the past, so I think that we have to be really.

AT

Careful, I also think that, and I think that this is really important- we've received feedback.

AT

From restaurants, and not just our small restaurants that are owned by individual families, but.

AT

Other restaurants, that if the fee goes up, they will not do it again and if the goal.

AT

Is to have outdoor dining, um we want to encourage it, not discourage it by raising fees. I think.

B

The goal across the council, at least I'd, be surprised if it wasn't is to have outdoor.

B

Dining the goal, at least my goal individually, is to make sure that we have it in a way. That's.

B

Sustainable for our downtown and that everybody is, you know it's not pitting or the sense.

B

Of you know one industry over the other. I think restaurants provide an enormous amount.

B

Of benefit to the downtown there, what we are known for what brings people in, but certainly.

B

Want to make sure that we are balanced towards the you know, the mosaic that is the downtown.

B

um You know that's why it seems like to me by if we were to put this, uh to the I mean.

B

All these things are interesting and good, but interrelated in terms of the fees and.

B

If we could hear from the fee committee, in addition to the work that you guys have done,.

B

Outside of the fee committee, when it comes to fees, I think you would be following the.

B

Process of our council, as well as we've, currently constructed it and provide another opportunity.

B

For us to have a dialogue on this, the following counseling counselor den, thank you. um I would.

AV

Expect to offer two amendments to this, the first ones, so we have an amendment uh what's.

B

The current amendment to to change the square foot from 10 to five: oh yeah, fine with that.

AS

Mayor I'd like to echo um counselor beck, said sorry.

AS

AS

That it would be great to have people here on this discussion. It would be great to not.

AS

Have it at 11 o'clock at night, because I think this is a subject that is of great interest.

AS

To many people um and I'm a little disappointed to have this continued discussion out of the.

AS

Public cancer bagley- um I mean, I would say, we're in the public right now, but you're right, there's.

AM

Probably not a lot of people watching this late at night. um If counselor cook agrees.

AM

uh I would withdraw our motions and make a motion that we refer this to the fee committee.

AM

With the invitations of counselor, cooking, bagley,.

B

Any other discussion, or is that, second, what do we do with the current motion on the floor.

J

If it was withdrawn, okay, um with a slight amendment with the report back from the fee.

AT

Committee at the next council meeting: do we have enough time in the calendar to hold a.

J

Fee committee meeting before the january 23rd council meeting.

J

Is that is that counselors tabor in denton? Yes, that's the inmate. Okay. We need an in-person.

J

Quorum, it may depend on when councilor tabor can come back right right. We can. We can work.

J

That offline all right all right.

AV

If I want to speak to the I'm not going to make the amendments, obviously just so people.

AV

Know what they were going to be the um first one would have been to paragraph d. So there's.

AV

No real reason to write this down. I was going to add a sentence which would have read.

AV

Outdoor dining, that is not in a parking slash loading zone or on sidewalks, will have a permit.

AV

Fee of five dollars a square foot, the reason for that was going to be d only covers parking.

AV

Slash loading zone, outdoor dining and sidewalk outdoor dining, however, b would allow for outdoor.

AV

Dining like there is on hill street so by the addition of that sentence, 2d it would.

AV

Allow outdoor dining to continue on hill street, so it's gonna be one of the recommendations.

AV

The other recommendation is actually two paragraph d, paragraph b. This relates to these uh street.

AV

Flow of traffic and again just letting people know so at the end of that first sentence.

AV

Just reads: outdoor dining shall not encumber street flow of traffic in the high traffic.

AV

Zones of the downtown area, I was going to add acceptant areas where the city is currently.

AV

Considering permanently changing the flow of traffic reason for that is, uh for those.

AV

That watch the parking traffic and safety committee they are, they did get a report back.

AV

On changing the flow on fleet street they're not ready to make their recommendation yet.

AV

To the council, but the direction seems to be going in would be keep the um on the fresh.

AV

Press side of fleet street close to court two ways but making the gilly side of fleet.

AV

Street one way and by adding that single sentence in here, since it's already out of consideration.

AV

I think would make sense to allow outdoor dining to remain on fleet street, where it's.

AV

Going to become one way, because it's one way now we're considering it. If we keep flip-flopping.

AV

It wouldn't necessarily work. I think it would just make sense to keep it, but again, these.

AV

Are just things which I guess I'll talk to you when it comes back from the b committee.

B

Councilman, I just think we need to make sure that we're conscientious, that whatever we.

AO

Do pass takes into account for all of the neighbors. I mean we had that complaint about.

AO

Von maul and one business owner whose business went greatly down because no one could really.

AO

Get to their front door because of outdoor dining, so whatever we do put in, I think we.

AO

Need to make sure we're conscientious of all the businesses and that everything is equally.

AO

B

Thank you. Any other comments. Motion on the floor is to move to the fee committee.

B

With the invitation of counselor, bagley and counselor cook, with a report back at the next.

B

City council meeting the 23rd.

AJ

Right, that's correct. A roll call vote mayor kelly, yes, councilor tabor, yes, councilor denton,.

AV

Yes, council moreau; yes, come so badly; yes, council lombardi, yes, council, blaylock, yes, council.

A

Cook, yes, mayor mckechron, yes, unanimous.

A

All right so we're back to councilor denton. I moved for all members of the city council.

AV

To be given municipal email addresses for official business. Second, so I'll speak. This.

AV

Real briefly, for the five of the seven years I've been on the city council, our email system.

AV

Has been a little outdated and I've missed a lot of them. I know that now the city has.

AV

The opportunity or we'll soon have the opportunity to have more email addresses available and.

AV

That mr you've been piloting the uh city councilor having a official email address, and I would.

AV

Like to see all of us before the opportunity when they are available.

AV

That's great idea- and I think hopefully we can improve the email, all function of the.

B

City uh email, all counselors, with the addition of a like actual municipal emails. I do think.

B

That we are transitioning to a.gov, though so correct might be um a couple weeks before.

B

That happens, your honor, it will actually be in the march april time frame according to.

J

Our cio okay, a couple months, then that is fine.

B

Any discussion uh can we have a roll call vote.

A

Kelly, yes, concert chamber: yes, councilor denton, yes, council monroe, yes, council, bagley, yes,.

A

Council lombardi, yes, councilor blaylock; yes, council cook; yes, yes, unanimous all right now,.

B

Kelly, am I able, on these approval of grants and donations, to make a motion to accept all.

B

Of the remaining choose to do that, we can certainly do that as long as it's outlined.

B

I will await emotion to approve the donation to the tree front from judith a7 for 25 dollars.

B

The donation to the fire department from fall, gourmie and kimi aguchi for the discretion.

B

Of the fire department, twenty five hundred dollars and the donation to the senior activity.

B

Center from anne okie for senior luncheon funds in the amount of five thousand dollars.

B

So moved second, we have a roll call vote.

B

Paper, yes, I would say denton. Yes, council moreau, yes, councilor bagley! Yes, welcome to lombardi.

AP

Yes, council blaylock, yes, councilor cook; yes, yes,.

B

Is there anything under miscellaneous.

AM

Counselor bagley just uh very quickly thank your honor and uh in regards to, I guess what.

AM

We'll call top head gate going forward. I grew up in a unitarian universalist church. However,.

AM

Not the south church here in portsmouth and in the universe at unitarian, universalist.

AM

Church, we're kind of encouraged to wear ball caps, lapels festive uh outfits even on sunday.

AM

Church service, so I deeply apologize if I offended anybody by wearing a festive outfit.

AM

To a festive event at the church, okay, thank you exactly councilor lombardi uh yeah. I would.

AS

um Like to get a follow-up report on the negotiations for the water line, crossing private property,.

E

Durham, durham and next meeting would be fine, but.

AS

B

Anything else all right, um we're gonna, move to adjourn and uh and councilor tabor is going.

B

To leave before so, we can say uh all in favor.