City of Portsmouth, New Hampshire 2022 - 2024 City Council, 3 Apr 2023

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From YouTube: 4.3.2023 City Council

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4.3.2023 City Council

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Good evening and welcome to tonight's monday april 3rd 2023 city council meeting.

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um I will first await a motion to weave the non-public and to seal the minutes so moved. Second.

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All in favor aye any opposed now uh kelly. Will you please call the roll and we'll start in on the.

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Regular meeting.

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Here assistant mayor kelly, here, counselor tabor, your counselor.

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Denton here councilman here, council bagley here, council lombardi here, council blaylock.

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He will be joining us shortly and consulate cook here.

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uh Will you now rise and 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.

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The republic for which it stands, one nation, under god, indivisible with liberty and justice for all.

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All right we have two proclamations. I will be.

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Reading one in the assistant mirror we'll be reading. One.

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Whereas national volunteer tier week was created in the 1940s to pay tribute to those who provided.

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Humanitarian services during the second world war saw resurgence in 1974 and led to the creation.

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Of national volunteer month recognized worldwide in 1990 and whereas presidents.

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Of the united states throughout the years have proclaimed national volunteer month to salute.

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The unparalleled services of the volunteers who have given countless hours for the betterment of.

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Mankind, our communities and the american way of life and whereas, while volunteer new hampshire, a.

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Non-Profit group was established in 2000 to promote volunteerism and community service.

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Portsmouth has created a long-standing culture of volunteerism, achieving unparalleled levels.

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Of volunteer service to the arts, education, churches, sports, social services and some of.

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The most beloved institutions, thanks to the very capable and generous unflagging support.

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Of literally thousands and volunteers who are fundamental to the success of our own non-profits,.

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And their their missions, and whereas here in the new in this state, the true new hampshire.

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Advantage is that citizens don't wait for someone else to tackle big problems and big needs. Instead,.

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Residents rallied to their community and organize graph routes, grassroots efforts.

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To provide assistance, sometimes until the supply chain of resources can catch up like the groups.

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Who handmade face masks for the most vulnerable when the pandemic hit and sometimes to the life.

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Of a cause, the way the gather has fed hungry families since 1816 and whereas we might take.

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For granted the legions of volunteers who go to a burnish, the natural and built environments.

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That is the foundation for what we call the quality of life that puts portsmouth at the.

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Top of so many lists of best places to live, work and play and whereas the same conviction.

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That is mary mary mccackrin keenan said when she dedicated the fountain and market square.

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In april 1986, the spirit of volunteerism is the greatest resource of our community.

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Now, therefore, I dig on the cochran mayor, the city of portsmouth, on behalf of the members of the city.

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Council and the citizens of portsmouth to hereby proclaim the month of april 2023 in portsmouth new.

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Hampshire as a volunteer, appreciation, munch, and I urge all citizens to celebrate the essential.

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Contributions of citizens, volunteers to the past present and future of portsmouth, given with my.

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Hand and the seal of the city of portsmouth on this third day of april 2023.. Thank you.

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Foreign looking down that, I that I butchered our own family name on that one.

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You're honor, thank you so much for this opportunity, as I did last year,.

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um I asked to read the proclamation for sexual assault awareness month myself, a survivor.

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I think it's very important that we always put a name in a face to pandemics like this.

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Sexual assault awareness month is so important.

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And it's important for people in positions like I am today to come forward to try to.

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Remove stigma and to help every victim go through their journey of becoming a survivor, whereas april.

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Is sexual assault awareness month a time that is set aside to raise awareness and draw attention.

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To the prevalence of sexual violence in our state and across the nation and whereas haven south the.

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Southeastern new hampshire's confidential support network for anyone impacted by sexual and domestic.

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Violence and stalking reminds us that, in new hampshire, sexual assault is a serious crime where.

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One in four women in one in 20 men have reported experiences some form of sexual violence in their.

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Lifetime and whereas we know that every 68 seconds, someone in america is sexually assaulted and that.

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Every nine minutes that victim is a child that 41 percent of the most recent sexual assaults.

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Reported in new hampshire occur when the victim was 18 or younger in 83 percent, before they.

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Were 25. and one out of every six american women and one out of over 33 american men.

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Have been the victim of an attempted or completed rape in their lifetime. Anne muraz in the state of.

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New hampshire, just 13 of the 344 sexual assault offenders, 88 of whom were someone the victim.

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Knew or were even part of the victim's household were convicted or pled guilty, while often scarring.

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Their victims for life in whereas, according to the report from the research, the research.

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Committee of the governor's commission on domestic and sexual assault, violence in conjunction with.

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The new hampshire coalition against domestic and sexual violence, new hampshire, lacks a consistent.

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And uniform, meaning means of tracking sexual assault cases through our criminal justice system.

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And supports an awareness campaign so that citizens recognize the realities of sexual assault.

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In our state and are better prepared to advocate for its victims and for its reform in our ads here,.

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In portsmouth are social service agencies such as paving and operation blessing are hospitals.

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In our police department struggle daily trying to keep trying to help the victims of sexual assault.

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Pick up the pieces and whereas we take this opportunity to remind all that confidential.

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Local health is available 24 hours a day at havens, violence prevention hotline and support at.

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603-944-994 safe now I declan mccackrin mayor of the city of portsmouth, on behalf of the members.

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Of city council and citizens of portsmouth to purify proclaim april 2023 in portsmouth.

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As sexual assault awareness month and call upon the residents to learn more about this problem,.

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And to help into the help available to victims and how to be a part of the solution to end. In.

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This tragedy, even with my hand, in the seal of the city of portsmouth on the third day of april 2023.,.

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Thank you assistant mayor um next up. We have the acceptance of minutes uh february, 6, 2023.

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February 21st 2023 march 6, 2023 and march 20th 2023 I'd wait a a motion to accept the minutes.

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So moved, second, all in favor aye all right. Next up we have a couple of recognitions so.

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um First, um the city received a significant uh donation from william bill. Mortimer.

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um And just wanted to take a second to uh to call this out um just of the importance uh behind it.

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And the fact that the generosity that he gave and and bill came uh to portsmouth in 1952 spent 35.

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Years, eventually retiring as a police commander, chief of the detectives, gave more of his time as.

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The police, commissioner, where he served four years, uh two of them as chair, but this specific amount.

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And it's nearly 912 thousand dollars from his estate goes towards the portsmouth futures program.

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um I'm sorry it goes before the uh the uh the scholarship funds uh bill had served on.

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The portsmouth future program- uh this is the scholarship funds that are run uh through the.

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Trustees of the trust funds um and it's a nearly 10 percent increase uh in their total operating.

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um Amount of money, so the fact that um you know even after uh leaving us uh his dedication.

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To portsmouth his dedication uh to the children of portsmouth uh should be an example to to all of us.

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um You know, and we we sometimes uh disagree uh on on some issues of of policy up here. I.

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Think we all agree um that the future uh of portsmouth uh is in our children.

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um And his contribution uh and his family's bequest to make sure that the the future is.

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Brighter uh for those children, I just want to thank uh bill and his family or.

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The memory of bill and his family for that very generous donation. Thank you. [Applause].

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Next up, you might see some people that are taller than me uh here.

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um That's no easy feat, um but um luckily I am I am recovering. uh I had a schedule.

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On my meniscus operation, so there's not going to be any challenges to any pickup.

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Games we're going to remember the passes me being better at basketball than I actually was.

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um But I do want to recognize the achievements of the great bay community college, men's basketball.

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Team they had their best season in program history. uh Let's go herons.

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So after making it to the conference finals, they finished the season winning 22 games and then.

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Moved on to a national tournament run and into the final four of the united states, collegiate.

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Athletic association, it was a record-breaking year for the herons. It was the first time qualifying.

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For the yankee small college conference finals first time as a national qualifier and they had.

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The best finish in school history, with a 22 and 9 record theodore wolf, was named to the us caa.

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All-Academic team kingsley breen was named to the uscaa all-american second team and both were.

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Named yscc all-conference players, the season continued to produce first in program, history.

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For the herons, as alex burt was voted uscaa national coach of the year, so we have tonight.

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um uh Cheryl lesser the president of great bay community college alex burke, the head coach.

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um Brian scott, I didn't need brian, but he's here as well uh the athletic director and then we have.

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Basically, the whole team is this: the whole team- that's here um so I you guys are just a.

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um You know, as a former athlete that realizes I and coordination required him to be in a boat.

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Instead of an uh a uh a basketball uh court but no less appreciate the dedication, the sacrifice it.

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Makes uh to be there uh uh for your teammates and to perform under pressure. I think that you guys.

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Are a fantastic representation of sports uh here in portsmouth? I also selfishly want to highlight.

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You, because you are a fantastic representation of great bay community college, which, while it's.

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On the trade port, it is still portsmouth and so being able to highlight that for all uh in.

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um In attendance tonight and watching at home is incredibly important. Hopefully I will get.

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Out to more games and you're going to have a few more herons fans uh after after this, so.

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um Would like to invite you to uh if there's somebody that would like to say.

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A few words and then um would love to grab a picture with you in front of the podium.

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I can't say it any better than what you said: we, the college is so proud of these young men. They.

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uh Did a history making event like no other for us, especially after uh coming out of the pandemic and.

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And just rallying around the college, we had people from all over the college come and and watch.

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Together, it was just a glorious moment for us and a very important for the whole college. You you all.

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Are role models for everybody at that school of what you can achieve by working together, and I.

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Just want to say thank you, and I want to introduce our coach of the year here. Yes, [applause].

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um To be honest, I'm just fortunate to coach such a special group of guys.

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um You know this group right here really saw and and achieved the value of you know, strengthening.

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The bond amongst one another um that goes for on the floor and off the floor when you kind.

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Of see that level of cohesion grow and develop in that level of buy-in really come into play.

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um That, ultimately, services or you know, surfaces to ultimately the 22 wins services to ultimately.

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The final four run um and it's stuff that happens more or less behind the scenes.

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um But other than that I mean we're just thankful to be here, we're happy to be here. The.

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um Support the love we've we've definitely felt throughout our local community and from.

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Our college as a whole, um so we're just you know, thank you guys. Thank you alex.

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Sean clancy in the back there, economic developer, we poached.

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From uh or maybe that's not the legal term but.

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So come on up guys.

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Just right in front of the podium stand right here: congratulations.

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Thank you. Yes, alex come on mary you're still tall. Finally, he's found his ears.

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Okay, she'd be sure.

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I

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Stay up here I am.

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The mayor is finally amongst his peers in height, oh.

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You guys thank you thanks guys, [applause] foreign.

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All right as we wait for.

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The herons to leave the building, we'll move on to uh public comment session.

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um Have? uh First up um irish mic on the topic of children's safety.

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Hey good evening, everybody, michael herron, paul smith, right now in america you got the the.

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President, the governors congress, people and people of power will orbit all calling for gun control.

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But but meanwhile they're protected by automatic equipments with more more rounds of that at the.

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Tendency shooter: I can walk down the street here to the courthouse, more state houses, airports or.

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Sports arenas, but before I go in, I have to go through a metal detector and each building is.

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Protected by armed security or police officers, but I can walk walk into just about any any.

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School in america and all we got protecting our future leaders through this country is the nice.

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Frame poster saying this is called free zone as adults we need to do. We need to do better.

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In the news in the in the news you heard about the about the tennessee shooting and the six.

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People that lost their lives, but what the what the media won't tell you is why why only six people.

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Lost their lives, they had a detailed evacuation plan and a high highlighted trend response team.

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Schools are generally, schools are generally targeted because they're soft targets.

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There there are hundreds of hundreds of mass shootings in america each year, but generally.

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We only hear about school shootings because it it's easy, it's easier to poach idiotic logic.

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By covering school shootings in an attempt to ban area 47s or ar-15s, but in actual fact most.

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Of the school shootings that happen have been done with handguns from 82 to 2023 out of 111.

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Different school shootings, the 161 different handguns have been used, the most deadliest.

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School shooting in u.s history, the virginia tech shooting where 32 people lost their lives and 17.

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Were 17 people arranged was done with handguns. We as adults and future leaders need to do better.

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Right now in america, there's over 400 million 400 million guns what's easier to ban 400 million guns.

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Or make our schools our targets, we should have metal detectors that entered this double doors.

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Which were called ones that can be activated from each classroom and the detailed evacuation plans.

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Enclosing uh all let's say, prayers aren't enough, but I pray I pray every day. We all.

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Lose if there's no respect, we only move forward by laying down our sword of words.

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And being with one another as humans and reminding ourselves, the responsibility of.

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Inhuman is that is that we're one human among billions billions of humans on this planet.

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Thanks mike, thank you. uh Next up, we have sue steri on the topic of flush vote.

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Hi sue starry, broad street portsmouth, new hampshire and the first thing I thought of.

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Was flashdance but when I saw it online today but seriously the first thing that came to my.

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Question was who will be overseeing this program and what safeguards are in place and then the.

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Third question was: how much of an influence is this going to have on decisions made by.

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It wasn't just clear whether it was just city council or it might influence the zoning board.

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Or what have you so with such little information? I just felt like there was a lot of red flags.

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That could possibly be part of this program. um How will people, how will the city know.

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That the people that sign up our residents of portsmouth and then going further, how.

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In today's internet world, where people can do just about anything, um how will we know that there.

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Isn't a voting block out there, where somebody has a political issue and designs? A group of people.

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That will influence what's going to happen in the city, whether it's good or bad. So I just have a lot.

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Of questions and that I hope that in the future, there'll be more information out there for the.

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Public or on the city website, so that's it! Thank you. Thank you. Sue next up is um dave, crosgrove and.

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Oh amy as well, are you guys you guys want to speak together or just one after another,.

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Okay, is it going to be three minutes? Okay for the both of you or okay, all right, amy may and dave.

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Cosgrove on skateboard park bond authorization I'll speak quickly, then uh good evening, mayor.

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Council members, city staff uh amy- and I are here to speak on behalf of the skate park committee.

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We understand that the city recently received contractor bids for work to be performed related.

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To ultimately delivering the portsmouth skate park to our community, each bid submitted contains line.

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Items for activities such as site, prep, earthwork, behaving drainage, etc, as well as well as what are.

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Called bid alternates, the committee would like to acknowledge all of the hard work that went.

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Into putting this work out to bid as well as the evaluation of the bids, received, we're grateful.

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That this council and the city have moved swiftly yet very carefully.

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Throughout this entire project's process and fully supported this critical public recreation facility.

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Due to multiple factors is our understanding that additional bond authorization will likely.

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Be required to complete funding of this project. It's the committee's understanding that this need.

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For authorization stems from site remediation work required, as well as macroeconomic factors outside.

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Of anyone's control, as you all know, no project is immune to such economic pressures. Furthermore,.

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With respect to additional site remediation and variably issued surface that can't be foreseen.

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Until the project is underway, I'd just like to pause quickly to reflect on the fact that.

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We were able to repurpose in your regular parcel shape, repurpose that for the skate park, project.

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Without having to spend money, taxpayer dollars to go out and find a site for this particular skate.

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Park facility so we're able to utilize existing land in the end, the site will be successful for a.

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Number of reasons we've presented in past meetings, including its proximity to the rail trail, that.

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Will only become more vital to our community over time, so the committee's here tonight amy and I.

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As well as the vast majority of the committee is here behind me to fully support whatever the city.

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Staff's ask is of the council going forward, let me so we thank you with that. I'd like to return.

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Quickly to something spoke about earlier bid alternates the bid alternate items that are listed.

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Are specifically for lighting of the parking lot lighting of the skate park, as well as a.

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Shade structure we want to be clear: the skate park feels very strongly the highest priority should be.

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The lighting of the lot in the skate park itself, primarily due to safety reasons, it's not to say.

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That the shade structure isn't also needed, but we just feel that the the lighting is is more.

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Critical, while the shading structure of some sort, certainly needed can be addressed with a smaller.

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Less expensive solution to be determined, the price tag for the design called for seems excessive for.

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Our needs and cost significantly more than it would take to actually light the park and the.

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Parking lot, so we ask that the council, please take that feedback into our consideration. I apologize.

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Thank you dave. I know that would happen. Sorry, sorry, all right, let's just reset the timer for amy.

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um So, as you know, we have been organizing and executing community outreach events bringing.

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Together, skateboarders artists musicians and local business owners to fundraise for the skate park.

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Lights, we've raised 26 417.33 to date and are currently planning a skateboard festival and.

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A brick fundraiser. We hope that this will double what we currently have and we'd like to ask that.

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You consider the bid alternate specifically the lights minus. What we realistically think.

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That we can raise, along with the updated costs that you'll hear about in the bids.

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December of 2021, when this project was approved in order to show the portsmouth community's.

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Dedication and excitement about this project we set out to fundraise for the lighting at this.

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Time there was an initial number of seventy five thousand dollars for lights. That was.

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Thrown around you'll you'll see that it's it's a lot more than that, and this seemed attainable.

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Lights are essential to the usability of the park and, more importantly, the safety.

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As a woman and a mother, I know that lit spaces are safer spaces on so many levels, late fall and early.

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Spring bring a shorter days, we want our community to have all optimal and safe usability, and if you.

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Have been following any social media pages of other new england skate parks. You will see that.

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Skateboarders and other riders of skate parks will actually shovel out a skate park during the.

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Winter and use it which will make lights needed in even in late afternoons. You know for 4 pm.

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So before I step away, I just also want you to know that we will continue to show our.

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Dedication as a committee, even after the skate park is built, we've come to realize that where we.

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Shine is community outreach and many of us plan to continue to be stewards of the skate park watching.

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Over it, making sure that those in need of proper equipment get it planning events and so on. That's.

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It thank you for your time. Thank you. Next up, rich diventima on train safety, oh get extracurriculars.

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Good evening there's the mayor, members of the council, city manager, bernard.

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um Richard steven teamer 16 dunham way in portsmouth, there has been a great deal of.

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Just concern recently regarding rail safety as a result of the serious accidents that.

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Took place in ohio, minnesota and north dakota, fortunately, those were in pretty rural areas.

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This is not a new or a rare phenomenon. The federal railroad administration reported 1164.

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Train derailments in 2022 that's three per day in the united states. As you know, almost every day.

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Trains up carrying various hazardous materials such as propane, gasoline and other transpass.

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Through portsmouth on a daily basis, as you can see on the map that I've, given you, the trains passed.

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Through some very uh compacted areas, including uh including areas such as the hospital large.

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Housing areas, development, schools, hotels and many businesses and entertainment facilities.

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In the in the uh became free, my own writing anymore.

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In the event of a serious accident in portsmouth involving a hazardous material, there might be.

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A requirement to evacuate up to a one mile radius from the site of the uh the accident.

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This is a serious concern, considering the amount of congestion we have and the potentially during.

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The summer event having to evacuate a mile radius from the city of portsmouth, as you can.

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See where that train might potentially land in the event that this has happened, do we have a viable.

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Plan in place that would be able to evacuate the necessary area within a one mile radius.

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Do we have all the plans? Has it been updated to reflect all the new development that's taken place.

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Particularly in the north end of portsmouth and the area around the west end yards where.

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We have a large complex of apartments and and condominiums. This is a serious, serious issue.

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The one problem I really have a concern about is the new development that's taking place in the.

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Parking lot of the of the sheridan hotel, there's already a building on the other side on one side.

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Of the tracks from that parking lot, there's a approved plan to build it three buildings on.

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The other side of that on the parking lot from the in the sheridan parking lot. When the train comes.

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Through there, when that is built, that will be a canyon built by two buildings on either side of.

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The tracks, the train will have to go through that canyon on those sides of the tracks and.

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If accident were to happen in that area, there was almost no room for any emergency vehicles.

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To approach or get to the train, to write it to fix it and to deal with an emergency situation.

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That is a catastrophe waiting to happen, so I I urge the city council to work, and I already spoke.

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To the fire chief before this meeting to make sure our plans are up to date, there's nothing. We.

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Can do about the railroad, that's a fact of life. We have to live with the railroad, but we have a.

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Responsibility to make sure that the plans we have in place are adequate and can respond to protect.

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The public as necessary. Thank you. Thank you, rich next up, liza hewitt on the adu public hearing.

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Hewitt 726 middle road I'd like to know why the public hearing on adus is being derailed.

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When there was public hearing notice in the newspaper stating there would be a public hearing.

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This evening on the adus I'd like to know why the public hearing process is not being followed. Mayor.

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Mceachern at the last meeting you said that there would be the second and third reading this evening.

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On the adus and councilor bagley said that he had some changes that he would like to see and.

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You asked him to: please include those changes that he would like in the packet for tonight. I.

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I'd like to know why there's a need for a work session, as there is emotion, apparently in the.

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Packet suggesting that instead of the public hearing there be a work session, I would like.

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To remind you that there were probably 75 plus people involved over a year's time in the changes.

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That were being are being proposed to the adu ordinance. A fifty thousand dollar consultant.

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Was paid by the city to help with that process, there was approximately a year's worth of land.

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Use committee meetings there were two planning board meetings where presentations were made.

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And I'd like to know why there was a first reading if there still needs to be a work session.

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Something's not right, and once again I just like some transparency.

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If the motion passes for a work session next monday, I strongly request that you.

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Include the planning board at that work session, as they have been very involved in this process.

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If mr bagley has changes that he would like to see to the proposed changes that have already.

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Been on before the planning board, the land use committee and the public, I would like to.

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See those changes included in the packet before that meeting for work session and.

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Finally, I would hope that any work session will include the public and public comment. Time will.

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Be available for that. Thank you. Thank you. Eliza next up peter huda on adus and community power.

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South street uh first I'd like to talk to you about number b and public hearing um same thing.

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That uh is hewitt addressed and I guess I'd like some clarifications. I have some questions.

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If you could, please clarify what actually, it means. That's in the motion to.

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Have the legal department report back regarding the amendments now I've been to most of the.

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Meetings, we went through this over and over again and I guess I'd I'd like to know what exactly the.

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Changes are when this was discussed in the last meeting. I specifically remember the mayor asking.

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For the changes to just come forward in going over this, the changes are rolled into here again.

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So what you have to do, if you want to figure out what the changes are, is go.

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From the last one to this one very cumbersome, especially after doing this about 10 times,.

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In the last maybe 10 months, miss moreau created a new land use board. This actually was one of the.

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Longest running subjects that was in there, we went over it and over it and went through all of the.

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Changes so I would like to know why, at this time after you have posted something in the paper, why.

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Are we are having to put amendments on here now next thing, I'd like to ask on the community power.

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um The data security agreement that this council has approved last time.

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To give individual consent for their data, so first question is.

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Has the eap been adopted council tabor? The next question is: when will you start the process to get.

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Customer individual consent to release their data, rsa 53e7 actually says you need written consent.

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So from a person who has dealt with um individual security issues and data.

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um Problems before I'm very concerned about this, and I'm very concerned that this process will be.

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Followed as described in 53e- and um I urge you before the contract is signed- please review this.

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And secure our data. Thank you. Thank you. Petra. Next up, uh jim hewitt on workforce housing, covenant.

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Good evening jim hewitt 726 mill road over the weekend, I sent all of you a markup cop.

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Copy of the covenant that's being proposed at uh southgate plaza for the 95 condos.

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And I wanted to highlight some of the mistakes I found before you vote on it tonight. The first one.

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Is on the first page, it's the fourth, whereas it talks about what happened on march 21st in 2019.

T

That event had nothing to do with this project.

T

That related to west end yards where they voted to decrease the number of units from 50 to 25.

T

And increased ami from 60 to 80 percent. So what happened? There was.

T

The rent went up from fifteen hundred dollars and seventy two.

T

To twelve thousand, I'm sorry, two thousand thirteen hundred thirteen dollars.

T

Second, item is on the second page, on the definition of affordable.

T

uh The ordinance and state laws as affordable should be 60 percent.

T

The average median income and as proposed it's going to be a hundred percent.

T

So that changes the income from sixty two thousand sixty two thousand dollars to over.

T

A hundred thousand dollars, so I hope this is not approved because I don't think that's affordable.

T

The third item has to do with allowing the project to have a 50-year term.

T

Our ordinance doesn't allow a time frame for the workforce, housing component.

T

And lastly, the planning board never approved this covenant. I think that was indicated to the council.

T

We never voted on this. Thank you. Thank you. Jim next up is esther kennedy on.

A

A

Don't have the second one. Sorry, that's right: housing, esther kennedy, 41, pickering, ave,.

U

First of all, I want to support amy and dave. Let's get this skateboard part done. Let's get.

U

The lighting in so everyone's safe, it's pretty simple: let's do it. We've been at it for a long.

U

Time mr rice and I have been at it for over 20 plus years, and so let's get that completed. Let's.

U

Vote for it and move forward. um The second thing is: I want to talk about adus there.

U

Have been hundreds of meetings, you have council members who have spent hours on this you've had.

U

Two planning board meetings. If a counselor has a problem show up, I know 30 40 people have shown up.

U

Citizens have shown up. Why are we changing it? Now? I don't agree with everything: you're moving.

U

Forward for the second reading, but at least I had a process and so what you're going to make all.

U

That time, city officials, time poor councilor morose time all the time, you're gonna say.

U

We're gonna have one meeting to make a decision. That is wrong and I know that's counselor bagley.

U

Because I know he brought it up last week, but that is a stone right wrong. The mayor has asked for you.

U

To present a motion, I re-read the I rewatch the video of your concerns and we haven't gotten it.

U

So please please tonight, vote to move forward with the public hearing.

U

Let's look at the adus as they are represented, as miss monroe's committee has done as the planning.

U

Board has and let's move forward and if you want to make changes down, the road after you've worked.

U

It through and work the kinks out then bring it back, but people have spent hours on math.

U

And it's just wrong to have one meeting on a monday night and change everything.

U

Lastly, I would like to um agree with mr hewitt, and I want to thank him for.

U

Coming forward and presenting the concerns, I think that's a good budget community member.

U

Who's bringing forward some things that are in that you might not have taken an understanding.

U

To I know, as a city councilor, sometimes with all the stuff we get in our packets, we don't quite.

U

Get all the information, so I want to thank him for coming for it. But if we are moving something.

U

From 60 to 100 percent, we are chasing our views on affordable housing and you, as a council, ran on it.

U

So I think you should really look at those zoning and look at those amendments and.

U

Look at some of the things that the city manager is bringing forward for changes.

U

And maybe you want to send it back to the planning board for another look at it. That would be the.

U

Right thing, thank you. Thank you. Esther next up page trace, as always the topic of portsmouth.

G

As always good evening, ladies and gentlemen, paige trace 27 hancock street.

G

I'd like to congratulate the water and sewer departments for being awarded a.

G

35 million dollar sag grant. It's been awarded to pay the city's principal.

G

And interest payments for 30 years for the pure, silent wastewater treatment facility.

G

I have a few questions, though I know you're not going to tell me this was part of the original.

G

Plan, so how much will this incredibly generous grant affect the resonance water and sewer bills.

G

Please, by what percentage will this grant of 35 million dollars decrease our bills.

G

I'd also like to thank the city manager and attorney morale.

G

For including attorney morrell's recent comments on mcintyre on the city website, thank you.

G

Even though we are where we are I'll still ask you for the most recent draft of the physical plan,.

G

I'll also ask you to post the settlement agreement in total with all exhibits. Maybe you could even.

G

Post the draft financial pro forma, don't the residents of portsmouth own these documents.

G

Transparency: this is a concept where all of you seem to have a little bit of difficulty.

G

In your haste to act in the dark with mcintyre, you ran so fast without looking you tripped.

G

Over your own feet, moving in stealth in the darkness likely cost you, the mcintyre building.

G

It could be for the people of portsmouth, though, that it's a good thing we'll wait.

G

Regardless you own this, please read any future documents carefully before you sign them.

G

You'll own those also, maybe you should ask, or you could ask the gsa to find a.

G

Suitor for the mcintyre property, who won't sue you, this is no longer what's best, for others.

G

This is what's best for portsmouth. It appears you own this now, not the building, just the problem.

G

Please proceed with caution. We wish you the best moving forward.

G

It won't be easy, but you'll make it through this and I'd personally like to say to each and every.

G

One of you that, having been once where you are sitting and knowing that the mcintyre is a multi.

G

Council issue: I do honestly truly wish you the best of luck. It won't be easy, but I somehow know.

G

With the mayor that you have you'll get through it, so please just tread cautiously. Thank you.

A

Paige next up francis cormier on what does democracy look like.

V

Francis calling me a melbourne street portsmouth um before I came in, I was.

V

Out in the parking lot- and I was looking at some of the debris from the twin towers.

V

And I began thinking when they hit the first twin tower. We retreated into a state of denial, denial.

V

Is a mental reflex by which we try to protect ourselves from the truth? That's not comfortable.

V

I grew up in the 1960s and it was in 1963 that the first twin tower was hit.

V

And the first twin tower was john f kennedy and we retreated into a comfort zone of denial.

V

And we said well, everything will be okay. After all, oswald had problems and jack ruby had problems, but.

V

Then the second tower was hit. The second tower was bobby kennedy, and people finally began to.

V

Wake up that something was wrong and we came out of our compass comfort zone of denial.

V

We began to ask ourselves: are we even a democracy anymore.

V

When the deep state starts assassinating political opponents, that's not what democracy looks like.

V

So they step, we stepped up security, and today the deep state is not resorting to assassinations.

V

There's too much security so instead they're resorting to political imprisonment. When you.

V

Imprison people because they're your political opponent, that's not what democracy looks like.

V

Yeah, I know trump's a jerk. I know that a surprise, I'm a jerk too, and you know something we're all.

V

Jerks, that's why jesus could say let him who is without sin cast the first stone and nobody.

V

Could cast the stone this is holy week and I'll guarantee you all. The government buildings will.

V

Be closed except the fire department and the police they'll all be closed on easter sunday.

V

Because of what jesus did during holy week, the passover lamb.

V

And the passover lamb is another name for jesus christ. This is holy week, happy holy.

V

Week, everybody thank you, friends, tell someone, you love them and bless them.

A

That is all for the speakers that we have in session I'll, go to the raised hands and.

A

We have uh julia ceno, nicoba julia. Could you state your name and city of residence.

W

Hello, my name, my name is julia.

A

Loud and clear, I worked with the city in good faith for no compensation for approximately half.

X

uh Sharing my intellectual property with with the portsmouth new hampshire, 400, sculpture,.

X

Committee run by ernie greensdale for go ahead and go gateway, park, sculpture, garden.

X

The finalist design that has been posted in local media is the hall press releases is too similar to.

X

My finalist drawing and existing portfolio to be considered for public funding. The selected.

X

Artists cj chen was informed of my participation in lake taller winter 2022 and would have had.

X

Time to see my existing republic artworks and receive shapes before submitting the finalists.

X

Design, the selected artist also shows several works in her online portfolio, which appeared to.

X

Plagiarize by previously published artworks when I attempted to open dialogue about these problems.

X

With the community to the city, council and mayor, I was very robust for the past month. The city's.

X

First, response to my inquiry at the beginning of march is the violation of my rights and is.

X

Causing material damages to myself and my studio staff, when I inquired about the similarity in the.

X

Images at the start of march, I was responded to by the city's lawyer, suzanne woodward, to my shop. She.

X

Stated that she had directly shared my personal information with the selected artists, the ghm.

X

In her email and also stated that the city did not have to respond to my inquiry, I am demanding.

X

That the city and the selected artists to ghn removed the plagiarized image from websites and.

X

Press releases immediately every day of this public abuse of my intellectual property. My.

X

Studio staff and my character of account towards the accrue damages from this horrible incident.

X

It is unethical and dishonorable for an artist or a city to want to be known for an artwork that.

X

Appears plagiarized and an untransparent selection process. The city should complete an investigation.

X

In this regard, most national rfps of this scale offer a two thousand dollar finalist fee, which.

X

Was clearly in the originally announced budget, the committee changed their budget terms during.

X

The artist's review process after submissions were received, the original rfp states, the total.

X

Budget is two hundred thousand dollars in my video meeting with seven committee members and.

X

Discovered police 22- I pitched eighty thousand dollars for my original design and they asked.

X

How I can make it cheaper the announcement for chance funding states, a hundred thousand dollars.

X

Any art, historically and legally informed committee would notice a previously plagiarized.

X

Works with two fellow competing artists portfolios and not advanced the finalists.

X

Who exhibits plagiarism? The mayor was informed by me of these issues via twitter messages weeks.

X

Ago, an elected official in portsmouth, who I have previously met, has both spoken to the.

X

Mayor one week and a half ago and submitted a letter to the city council on my behalf.

X

I am a disabled, queer, first generation immigrant number and less resource than the selected artist.

X

From an intellectual property and time to be taken advantage of by a city which legally threatens.

X

Me after I've provided free labor is unheard of. When I wrote to the city council, richard blaylock.

X

Wrote good evening julia, we look forward to you contributing positively to our community. All the.

X

Best and refused to engage in any dialogue about my issue or confirm that he forwarded.

X

The communications to the council lawyers. In conclusion, this is just not cool. I've had enough.

X

Thank you. Thank you, julia. That is all the speakers that we have for public comment [music] s next.

Y

um Thank you, honor um I'd like to suspend the rules and bring up item.

Y

13C under the city managers items under presentations and written communication.

A

uh That is the letter from julia sunila nikovic. uh Yes, if I get a second, oh second.

Y

um Since we just oh, we need to, we need to vote on that, so uh the question is to take out uh out of.

A

Order to suspend the rules and bring up uh 13c uh all in favor aye aye, any opposed foresters.

A

Counselor well actually, the floor is just it's the presentation, but you want to bring it up.

Y

um Thank you, your honor, um since we just heard from julia uh chanel nikova, and she made an.

Y

Accusation against someone. I think it's only reasonable to allow the organization that actually.

Y

um Went through the process of choosing the artist to respond and with that and if.

Y

If it's amenable to the council, I'd like to again suspend the rules and invite up.

Y

uh Valerie roshan from the portsmouth 400 new hampshire 400 to speak to the.

Y

Council is there a second second all in favor all right, any opposed she's here.

Z

Thank you so much councilor cook for uh bringing that forward and to the council.

Z

For allowing me to speak in response to miss, I'm sorry, if I'm butchering that.

Z

Accusations so uh mayor mccacken city, council members, city manager, connard I'd like to speak on.

Z

Behalf of portsmouth in h-400 is the organization working with the city to plan, create manage and.

Z

Market, the many programs and events scheduled to celebrate the 400th anniversary of the european.

Z

Settlement of portsmouth, while honoring those who came before us, we created seven.

Z

Themed pillar teams with over 100 volunteers to accomplish these goals, our legacy pillar formed a.

Z

Dedicated team who worked with the city to create a sculpture, garden and bohenko gateway park based.

Z

On input from the community, with the first sculpture commemorating the 400th anniversary.

Z

The legacy team sent out an rfp requesting proposals for a maritime theme, sculpture.

Z

Concept in august of 2022 with a deadline of late september, while the team focused on sharing.

Z

This rfp regionally there was interest in this project from all over the world. A reflection of.

Z

Portsmouth's worldwide influence and its reputation as the city of the open door.

Z

The review team included the chief curator of strawberry bank museum, a local artist, a.

Z

Past portsmouth city, economic development manager, a former city, trust attorney, a unh professor and.

Z

Member of the nh state council of the arts, a dpw advisor and was chaired by a member of the legacy.

Z

Team, the review team carefully reviewed all 47 proposals submitted by 35 artists.

Z

And you evaluated them based on the criteria outlined in the rfp. It was a rigorous process.

Z

At no time were these proposals shared with other artists or made public.

Z

Seven artists were interviewed and were asked for additional information.

Z

Was the art was the artist selected? Miss chen's concept rose to the top in all categories.

Z

Team members were unanimous in selecting her concept based on its iconic quality connection, to.

Z

The maritime and anniversary theme her connection to the similarity of her village in shantu, china.

Z

To portsmouth and adherence to the materials and maintenance specifications advised by the city.

Z

The tipping point for choosing miss chen's design was the community engagement process.

Z

To solicit portsmouth themes for the paper cup designs, this paper cut process can be.

Z

Seen in many of ms chen's prior works as it is based on her and her father's heritage.

Z

Julia sanel, nikova and again I apologize was one of the seven artists interviewed.

Z

She alleges that ms chen has plagiarized the concept, because none of the proposals were.

Z

Shared it would have been impossible for ms chen to know what julia had submitted. Ms chen's design.

Z

Is unique to portsmouth, though she has used her paper cutting concept in prior installations.

Z

Julia's submission was a replication of some of her previously installed work.

Z

We are confident in our selection of ms chen's project. She spent a week in portsmouth in march.

Z

Launching the community engagement process working with students, arts organizations, historical groups.

Z

And many non-profits to learn more about portsmouth's history. She held paper cutting.

Z

Workshops with students and spent an evening teaching an enthrall gathering of community.

Z

Community members, how the paper cut process works, we're excited about this lasting memory of our.

Z

400Th anniversary celebrate celebration and look forward to working with ms chen for its completion.

Z

In 2023 one thing I'd like to add: I know that you have this statement in your in front of you.

Z

One thing I'd like to add is that julia seems to think that this is funded by our taxpayers is not.

Z

It's the cost to do. This is approximately a hundred and twenty five thousand dollars. Perhaps.

Z

A little bit more, it's funded almost entirely by sponsors, except for twenty one thousand. That.

Z

Came from the city's trust, which was funded by funds not used in other development projects for.

Z

The one percent for art so other than that it's been total sponsorship. So there is nothing. That's.

Z

Coming right now out of taxpayer dollars and if you will indulge me with one more statement, I am.

Z

Not speaking for the artist, but I did agree to read her statement, if you will, let me read that.

Z

Dear mayor mceachern and portsmouth city council members, I, along with julia sanel nikova, submitted.

Z

Proposals for the bojango park sculpture project. The selection committee conducted a fair and.

Z

Thorough selection process- and I was honored and humbled that they chose my concept endeavor.

Z

Afterwards, though, julia contacted multiple parties claiming I placed plagiarized her work.

Z

These claims are untrue and deeply hurtful. I did not and would not and would never plagiarize.

Z

Another artist's work and to have been accused of such a terrible act has been the most painful.

Z

Thing I've experienced as an artist I created endeavor based on portsmouth's maritime history,.

Z

And culture which I researched extensively, I am proud that the sculpture incorporates paper cut.

Z

And art form for my personal heritage, you can see my art and my artistic range on my website.

Z

And on my social media, which I included below, I've, also included julia's website and social.

Z

Media for anyone who would like to compare, I am deep deeply grateful for the support of the.

Z

City of portsmouth, the pnh 400 organization and the people of portsmouth, as I face these.

Z

Basic baseless accusations, it's a privilege to be creating a sculpture that embraces the heart.

Z

And beauty of this incredible community- and I hope, when it is done, my art will be bring.

Z

Pride and joy to the people of portsmouth for many many years. Thank you. Siege, chen.

Z

And then happy to answer any questions, if you have any.

A

Very questions seeing none, I would emotion to place on file- got your honor. Oh sorry, if I.

AA

Could just say a few words: um I'm not qualified to evaluate art. I don't understand art like many in.

AA

Our great city do, I did see the email. I can't see the comparison between the two artists. They seem.

AA

To have a very different style, what was selected by the committee, which was made up of a group of.

AA

Volunteers that are highly regarded and respected in our town, I think, is clearly the the artist.

AA

Who submitted it, and there would be no reason why that group of volunteers would would pick.

AA

An artist that didn't submit the you know the the best sculpture for the sculpture garden. So I'm sad.

AA

That this this is happening, but I stand 100 behind the committee and the artist that they chose.

A

Council bagley any other comments or questions. I'd, wait a motion to place on file so moved.

A

Second, all in favor aye. Thank you so much for the opportunity. Thank you. Thank you, val.

A

A

um Next up is the public hearing and books on orders. Oh um yeah, actually, can we I'd.

A

Wait: a motion uh to pull forward the update on the mcintyre so moved. Second,.

A

All in favor aye any post: this is the city manager's update. I should have been number no. It's.

A

Informational for the for the minutes, kelly as if you need them section, 17 item number one. Thank you.

K

Your honor, uh let me take a let me answer this and city attorney moral.

K

Can fill in anything that I might miss but subsequent to the special meeting.

K

We held on friday afternoon we had a zoom conversation with the gsa today at noon.

K

um And they shared with us that they would be putting forth formally something in writing, which.

K

I'm going to read right now, karen good afternoon, I'm following up from our meeting last friday to.

K

Provide you with a decision regarding the city's efforts to acquire the thomas j, mcintyre federal.

K

Building through the historic monument public in advance, public benefit, conveyance program.

K

Sponsored by the national park service, pursuant to the license agreement executed between gsa and the.

K

City of portsmouth on january, 11th, 2023 2023, and due to the city's failure to submit an application.

K

To the national park service to acquire the property through the historic monument public.

K

Benefit conveyance program by the established deadline. The gsa will no longer support this.

K

Conveyance option the gsa intends to move forward with the disposal of the property through a sale.

K

Alternative we look forward to discussing the sale process with you in the coming days.

K

So that is our update and that's what we know anything you want to add to.

AB

um Only that the city manager um would um inquire of a vote from the city council to.

AB

Continue discussing the mcintyre property with the gsa.

A

So I'd wait: a motion to investigate a or discuss a negotiated sale with the.

A

The gsa central mode, second, any discussion, councilor cook. um Thank you, garner. I'd like.

Y

To say, my comments might be a little bit long, just to prepare yourself [applause].

Y

First, I want to preface my comments tonight by noting that I've stayed quiet on this matter.

Y

Since I took office because of litigation filed before I entered office after entering office, that.

Y

Litigation and ongoing contract negotiation, which are matters the council handles in non-public, kept.

Y

Me from commenting publicly in order to protect the city and fulfill my duty as a city councilor.

Y

To do no harm, however, at this point, following a year of contract negotiations that have resulted.

Y

In a stalemate, I feel it is important to make sure the record is clear. Over the past 15 months, I've.

Y

Listened as residents have made suggestions about what could be done with the mcintyre.

Y

Site once we acquire it, including moving forward with the binny plan, bulldozing the site building.

Y

A park and most recently engaging in local design, engaging local design professionals who have a.

Y

Vested interest in the city, while I appreciate all the effort and thought that has gone into.

Y

These suggestions, I don't want, I want to make sure the public understands the situation fully.

Y

Why those suggestions have not been entertained and why and how we arrived at this point.

Y

When the council entered office in january 2022, we were facing not one but two lawsuits relating to.

Y

The mcintyre, the roberts at all suit, asked that we reverse a decision of the prior council to.

Y

Terminate the contract with red gate cane that contract termination was made in december 2021.

Y

By the council by the prior council, without following the provisions in the contract to.

Y

Legally terminate it, the second lawsuit from redgate came requested damages in the tens of.

Y

Millions of dollars for terminating the contract again a contract termination without following.

Y

Legal contract provisions, the council settled the first case by taking action on the second.

Y

Case in reversing the prior council decision, why you ask the second case complicated our options.

Y

Redgate kane in its suit against the city, asked for the court to prevent the city from taking.

Y

Any further action on the mcintyre project and that request was pending before the judge.

Y

Legally, this meant that the city could not talk to the gsa or national park service without.

Y

Significantly weakening our case, we could not take action. Take any action at all on the mcintyre.

Y

Without being seen as as acting contrary to the court process, the gsa had also given the city a.

Y

Short deadline of two weeks to speak with them before they proceeded to dispose of the property.

Y

This is the reason we did not have all options before us that have been suggested in this.

Y

Chamber in newspaper editorials and on social media pages, the council's hands were tied. The.

Y

Decisions made prior to our entering office in 2022 severely limited the council's options.

Y

Under the deadline from the gsa, without the ability to even talk to them, the council was.

Y

Left with only two options, one go to court and let the case play out over several months or years.

Y

Forever losing the opportunity to acquire the mcintyre property. Given the gsa deadline and our.

Y

Inability to talk with them and also likely losing tens of millions of dollars due to the violation.

Y

Of the contract provisions with reggie kane or two negotiate with red get cane to settle the lawsuit.

Y

Again, we did not have the option to choose another partner, open bids, consider other proposals or.

Y

Even talk to the gsa or national park service doing so would have been a detriment to us in.

Y

A pending litigation, we only had two defensible options, go to court or settle as everyone here.

Y

Knows this council chose to settle the case, unfortunately, due to the contract termination.

Y

In december 2021 and the liability that opened us to our settlement options were not as favorable.

Y

As I would have hoped, this council followed legal advice and got the best possible deal for the city.

Y

In order to avoid liability of tens of millions of dollars to city taxpayers, we hoped we could.

Y

Move forward with our development partner on the community plan, which was a much better result than.

Y

Paying out damages that could increase taxes by an amount. Most taxpayers could not imagine.

Y

The settlement agreement also removed any future liability to the city for the actions that were.

Y

Taken in december 2021 or any time prior to the signing of the settlement agreement, it bound us.

Y

To working with kane on a proposal to the gsa and national park service to build the community plan.

Y

It had no stipulations on the gsa or national park service because they were not party to.

Y

The lawsuit, so we not only had to negotiate with kane, but also with a gsa and national park service.

Y

Moving forward, this council has worked hard to fulfill our obligations in the settlement.

Y

Agreement because it is a legal contract and I'm sad that we did not reach an agreement.

Y

With our development partner on all necessary provisions to move forward with the proposal to.

Y

The gsa and national park service fire deadline last friday, since the gsa and mps rejected our.

Y

Project we have lost the ability to acquire the building through the historic monuments program.

Y

Again, while I truly appreciate the efforts of our community to continue to make proposals for.

Y

The mcintyre site, we as a council, are not legally in a position to opine on possibilities or move.

Y

Forward now, with any pro proposal, without consultation with our outside legal counsel,.

Y

We do not know whether or not the city will have the future option. Any future adoption at.

Y

All at the mcintyre site- and I would say an app phrase for today is the ball- is out of our court.

Y

Only the gsa can make the call on next steps with the mcintyre site because they own it not us.

Y

We're eagerly eagerly waiting their decision on next steps. Thank you, councilor cook, any other.

A

Comments questions counselor, bagley yeah, thank your honor um and thank you counselor cook for.

AA

That synopsis, which I understand you cleared with legal before the meeting, I would just say that I'm.

AA

Not in support of this motion, um unlike a lot of people, I I ran for council in spite of the.

AA

Mcintyre, instead of because of it, I believe the city's government's role is to provide the the.

AA

Best and safest place for our residents. I think we need a very strong emphasis on health and safety.

AA

And particularly our youth through education and activities for them, I also have a strong.

AA

Interest in making sure that we have safe streets and reliable infrastructure, I don't feel that this.

AA

Project fits any of those needs. I don't think that it's ever fit any of those needs and I've been.

AA

I regret the amount of high level time that the city staff has had to spend on this. I.

AA

Think it's had a great lost opportunity cost over the past several decades. It's cost the.

AA

City dearly financially, and I think it's time to let the private sector develop this site.

A

Council bagley and the commons councilman um I, while I appreciate everything that.

J

Councilor bagley said and agree and appreciate everything. Counselor cook said.

J

I will support the motion. It's mostly because I feel like the public deserves to at least know.

J

If there is a process board or not, and what that process is and let them give us the feedback on.

J

Whether or not we should move forward so for that those reasons I would support the motion.

A

Council moreau concert boy look. Thank you. Honor um also state that when the city of portsmouth first.

H

Tried to acquire this building, they wanted to purchase it, and then the federal government came.

H

And said no no, no hold on, we have a way for you to get it for a dollar. Unfortunately, that process has.

H

Been very painful for all of us and it's been very long and now that process has ended, but I think it.

H

Is only fair to the resident support smith to ask: what is the process to buy it? What is our options.

H

It's only fair, um since that was our first idea years ago, councilor butler any other comments.

A

I will support the motion to enable the the city manager uh to meet and discuss a negotiated sales.

A

Potential with the uh with the gsa, there are a lot of needs in the city that we have in terms.

A

Of building land, I don't think we have a single conversation in the city without.

A

Talking about land or or buildings, um but uh I I think before um if we do decide to to move uh or.

A

Or not, move towards a negotiated sale. I would like to know what the price uh would be before.

A

uh We do so, um or at least the price that we would offer and be comfortable uh offering before we do.

A

So so, for those reasons uh I will support that and again I would echo uh the sentiments uh that.

A

That many feel, and I'm sure many in the public uh feel as well a disappointment in the inability.

A

To procure this building through the national or the public benefit conveyance program, an enormous.

A

Amount of time went in over many councils and then you multiply that by the number.

A

Of residents that were actively involved in this some for hours some for days some for years and.

A

I would agree with councilor bagley in terms of the the opportunity. Cost has been heavy and you.

A

Know any any, you know I don't like dreaming about buildings so, um and I've spent a lot.

A

Of time thinking about this one, so um I I want to thank everybody for that process and again.

A

um Reflect my uh disappointment that we would not been able to support an application and.

A

Thus, the gsa is no longer supporting the public benefit conveyance process to date.

A

So it seems like we have uh uh well we'll see all in favor aye aye aye. Any opposed opposed.

A

Thank you, city manager, now we're on to section 10 still on the first page, somehow, hopefully uh well.

A

um And what is so, I'm just looking through um after this okay, so that that's just so folks are.

A

Sitting in the audience we have um the um cemetery committee membership uh we'll take we'll take that.

A

One uh we'll talk about the adus and then right after that is skate park that should uh uh make.

A

Sure that we have uh all of it, then we'll take a quick recess. If there's something that's timely,.

A

In the audience at that recess, just let me know all right. um First up, first reading of ordinance.

A

Amending chapter one, article, 4, section, 1.411 cemetery committee, membership in term: I'd wait a.

A

Motion to pass first reading and schedule a public hearing and second reading at the april 17th.

A

2023 city council meeting so moved second, all in favor aye. Any opposed all right. Next up uh is the.

A

um Public hearing second reading of ordinance amending chapter 10, ad or accessory dwell unit.

A

Section 10.43 use regulations, section, 10.440, table of uses residential mix, residential business and.

A

Industrial districts, section 10.814 accessory drilling units, article 5 or article 11 site.

A

Development standards, section 10.1110 off street parking article, 15 definitions, section, 10.15,.

A

Three: zero terms of a general applicability I'd, wait a sample motion to postpone public hearing.

A

And second reading and schedule a work session for april 10th 2023 further for report back from legal.

A

Department regarding amendments to be considered at the city council meeting of april 17 2023., so.

A

Moved second- and I would like to um I don't know if uh councilor bagley is going to correct the.

A

Record I control the agenda, so I'd like to explain one point on this: councilor bagley did have his.

A

Amendments there were a ton of them um in email format to me in a timely manner, but heard from.

A

Legal that we need to review the actual amendments to the uh that were included in first reading.

A

Further, as well as incorporate any of those so just want to make sure councilor bagley, followed.

A

What I had asked him to do and then figuring that there seems to be a lot of discussion on this and.

A

The last time that we had a lot of discussion on any ordinance changed didn't go swimmingly. So a.

A

Work session, where we could have the conversation around what was going in without the formalness.

A

Of that and then to have legal attempt to craft that back now, I've heard uh from uh members of the.

A

Audience and members of the planning board that they'd want to be included in this work session.

A

I can imagine having the chair there, I don't know how we would get 24 or, however, is it uh 18 people.

A

um There, but um I would happy to extend the invitation uh to the chair of the planning.

A

Board to be a part of those conversations as well as make sure that everyone knows public comment.

A

Will be available at the end of that work session, I'm going to schedule based on all the work that.

A

I saw everybody: do I'm going to pretty much hold the rest of my evening, uh hopefully not into early.

A

Early morning, but look forward to hearing this with the um with the uh understanding that at.

A

Least, from my perspective, the land use committee, as well as the planning board, did a lot of work to.

A

Get us to to good on this, um and so that's where I'm going into this. But I think it's worthy to.

A

Have the conversation, especially when, since we need legal uh review on the the document itself,.

A

So I should have passed the gavel on that sorry, I didn't, but since it was, um I wanted to correct.

A

The record with uh with councilor bagley council bagley yeah thank your honor and thank you for.

AA

Correcting the record there, um I will um kind of explain why I did things the way I did initially.

AA

When the land use committee was meeting, there were three council members on there and in my mind I.

AA

Always include the member uh the mayor. Excuse me when I'm thinking of counselor members uh regards.

AA

To a quorum, so I thought if I went to the land use committee meetings and uh gave my input as a.

AA

Resident, I might be violating right to know rules when I did actually ask the city attorney if that.

AA

Was in fact the case, it was rather late in the game. I think at their last meeting or second to.

AA

Last meeting- and she explained to me that I was incorrect- I could go to those meetings and it.

AA

Was kind of suggested that maybe the best time to offer my amendments would be. You know when it came.

AA

Back to council, when the council did approve and send it to planning board, I expressed at that time.

AA

That I had some concerns. I thought there were some things we could do why a lot of it is well crafted.

AA

I'm committed to making adus as easy as possible to build because we've had so few of them built.

AA

In the city since 2017, I think this is the single best way we can provide affordable housing in our.

AA

City without affecting the taxpayer- and there was even a newspaper article on some of my suggested.

AA

Changes as the mayor alluded to, I did send quite a few changes in. I will highlight one of them, which.

AA

Had to do with the interior door, which I didn't think was a reasonable request that was actually.

AA

Part of the ordinance, because it's required by the new hampshire state, rsa and as people are probably.

AA

Getting sick of me saying: new hampshire is dylan's rule state, not a home rule state, so the council.

AA

Can only do things that the rsa's permit us to do as a setting set in concord. So one of my requests.

AA

Was immediately off the table and I imagine legal wants to look at the rest to make sure.

AA

I didn't make any other similar mistakes. Thank you, councilor bagley, anything else. Council moreau.

J

um Thank you uh mayor. I just wanted to state that it was. You know, brought to my attention um as we.

J

Were reaching our deadline to to get everything on the agenda? That legal did have some questions as.

J

To some of the changes that had been made in the process, and so we had a phone call meeting and.

J

Discussed it and considering their concerns, and we do want to just make sure they wanted to do a.

J

One last review with the state statute compared to the changes that we made and make sure that they.

J

Are all within the state statute, so that is what legal is actually attempting to do to make sure.

J

That everything changes, especially some of the things around notice and whatnot. We just want to.

J

Make sure that those are all within the boundaries of what we're allowed to do under the state law. So.

J

That is what legal, because I know there were some questions about what what is legal looking at so.

J

um And they apologize, they hadn't had a chance to take a look at it prior to then, but that they were.

J

Overwhelmed there's, as we know, there's been a few things going on in the legal department lately. So.

J

um That I I we talked about it. We thought, because there are so many counselors that have so many.

J

Questions about this and we didn't want to take up precious time in a city council meeting. It.

J

Was our suggestion that we try to before the next city council meeting fit in this work session? So.

J

That we can discuss with the counselors that have a lot of questions and try to work through it. So.

J

That they can understand the changes why they were made, and we, I was mayors, already stated, of course,.

J

Going to have public comment at that time, but I thought if we talk through it, that way, that might.

J

Be a little bit more congenial to be able to do that versus at an actual city council meeting. So.

J

That's why I kind of enforcing the issue to try to do it before the 17th, so that we can then have.

J

A public hearing, and hopefully second reading, we'll have back from legal, we'll have our work.

J

Session and hopefully everybody will be on the same page, to try to move these amendments floor.

J

Forward and we'll see how many changes that um are necessary or requested at the work session.

A

Tomorrow, thank you, council tabor. I think it's great we're having a workshop.

AC

If you look at our master plan, it mentions adus 31 times. It was a very clear policy direction.

AC

That, by enabling adus, we can enable density and help solve our acute housing problems.

AC

So it's worth the time, the only way that you can really do it right for the long term.

AC

Is to have a good, strong ordinance that enables a to use with as little friction.

AC

As possible, while protecting neighborhoods- and I think, there's work to do on that, it's.

AC

Work, the council should do because we're the ultimate policy body. So, if we're going.

AC

To have a policy direction to enable adu's, we have to get into the the detail and the.

AC

Guts of this, this ordinance and it's entirely appropriate that we do it in a network session.

A

Because anything else, all right, uh all in favor, aye aye any opposed seeing none city manager.

A

Oh, did I say we're going to take a oh. No now we got them again, all right, city manager. Thank you.

K

In anticipation of receiving bids which were received last friday, we placed in the city.

K

Manager's comments for this meeting tonight, a placeholder if you will to say that we would.

K

Be getting information and as soon as we get the information we share with the public, so.

K

um It is was a late ad to the council packet, uh but let me let me run down for everyone's benefit.

K

Where the bid information now stands, we received two bids who both of them, whose totals exceeded.

K

Current authorized funding and we can talk about a little bit. The big the bid was structured as a.

K

Base bid as we as has been brought up before for the skate park with a bit alternate one first.

K

Shade shelter and two for lighting, so the low bid is shown in a table that has been summarized.

K

To come to a total of 3.295 million, that includes, if the council were to support both adults and.

K

An engineering and contingency amount, the current available funding is 1.881 million.

K

Of which 1.805 million is bond authorization and 76 500 in fy, 22 appropriated funds on hand.

K

So as previously communicated to to you all, the anticipated cost was expected to exceed available.

K

Funding and additional monies would likely be needed so in order to proceed with the award of.

K

The contract additional funds we can confirm they are required. So what we need to do this evening in.

K

In an effort to stay in the right cadence with the construction schedule is for the council tonight.

K

To decide which amount to hold to place in the bond resolution for the next meeting, which will be.

K

April 17th, which would be the public hearing and hopeful approval of a bond resolution so with with.

K

Limited amount of time, I know that the council just got this information. Let me try and summarize.

K

This- and I also want to add that not only is uh theater ice here, but our project manager.

K

For this project, christine stroviero she's here as well, they can both answer questions but table.

K

Two summary about alternatives is: has been shared with you all and essentially the the. If you have.

K

Questions, we can speak to it and I want to make sure I say this correctly. Essentially the way it.

K

Breaks down is the shade. Shelter is an additional 300. 000 and lighting is an additional 180 000.. So.

K

uh I'd I'd like to pause there happy to answer any questions. Talk about logistics.

K

If you will, I thought it would be helpful to understand what additions to the bond would be.

K

um And so it would still be a number that could be accommodated in under our 10 rule, in fiscal.

K

Years, 25 through 27, beyond that, the debt service projection is that we would go over slightly 10.

K

But as we always do we manage that level and keep it under 10. So in anticipation of that.

K

Question being asked, I got that information from finance, uh councilor playoff had a stand.

A

Up being the representative, um thank you honor and thank you senior manager, um the skatepark.

H

Committee we've worked really hard. We've been working on this project for a while. We all have.

H

um I know the lighting is very important to the committee. The shade structure, not as important.

H

Like it was stated by the chairs, amy may and dave cosgrove, it comes to safety, it comes to usability.

H

um I mean once we go past daylight savings time, the hours that the kids would be able to use the.

H

Skate park wouldn't you'd, be very minimal, they're getting out of school at three four and then the.

H

Sun's going down um and like amy may said, these kids will shovel off the skate park to use it.

H

I mean they're that dedicated, um but I think it's important that we do this project right.

H

um It's not lost on me. I don't want to spend any more money than we need to.

H

um But at the same time I don't want to cut a corner and not have a safe skate park.

H

um I mean I still am wearing this: pin I've been wearing it since you started, I promised I'd. Wear.

H

It until it was completed, if I continue to do that, but I would just advise the council from this from.

H

The skateboard committee and all the work we've done that that is the opinion of the committee.

A

Thank you, councilor and then just uh folks might be.

A

um I have the luxury of having the notes city manager right next to me, so just um for the just.

A

The addition of the uh the over the bid base price plus the stage, is out there. 1.2 million dollars.

A

Over the base price plus lighting, 1.08 million dollars for doing them, both is 1.413 million.

A

Dollars, in addition to what is already been fundraised counselor cook, uh thank you. Your.

Y

Honor, um so I have a question about the 180 000 for the lighting the overage there.

Y

um I'm I'm very concerned about lighting because I think that it makes the park.

Y

Safer for women and girls, especially um who are always very concerned about dark spaces,.

Y

um And so in that hundred and eighty thousand, what are the inherent assumptions as far as fundraising.

Y

Goes is that assuming we stick with what has already been raised, or is there an assumption.

Y

That there's more to be raised, the 180 000 does not include the 26 000 that's been raised is.

K

That correct, peter and christine are nodding, and I forgot to mention todd. Henley who's been.

K

Intricately involved as well so the the 180 000 represents the cost of lighting. Over and above.

K

The base it does not include or contemplate what's been raised. That's a separate pot of money. Okay,.

Y

Okay, so I I just want to verify that for people at home, so everyone understands so that's the.

Y

Total cost uh additional cost, we would need for lighting at the site and then we also have 26 000.

Y

And change that's also been raised. I would imagine that the total amount raised could offset the bond.

K

um At the time we go to market as the time we understand fully the the cost of the project.

K

Thank you, councilor begley, uh thank your honor. um I I think most of us are aware that costs have.

AA

Gone up dramatically and just about everything but especially construction. So it's probably.

AA

Not a shock that the costs have gone up, it's maybe a bit of a shock how much they've gone up.

AA

um I would propose, I won't make the motion yet, but I would think that we should go with uh the base.

AA

Bid and alternate two which would be the skate park, plus the lighting, why it would be nice to.

AA

Include the shade structure, um I think financially it's just too much to ask for all at once. I think.

AA

Going the base bid and the alternate structure two would be a smart move if that was what we were to.

AA

Do I would request that if the finance finance department had any suggestions regarding those.

AA

Further out years in the bud schedule and anything they might want to adjust with the cip or let us.

AA

Know about future years of the cip. That might be good to hear at the public hearing. But I will say.

AA

um You know, there's probably not a lot of projects in portsmouth that that seem to.

AA

Have a huge amount of support and the skate park is one of those projects. That's that's.

AA

Really kind of unified, the community and and people have always been behind it.

AA

um Of course, you know for the higher price tag. Maybe we lose a little bit of support, but I think.

AA

We need to move full steam ahead on this project because what it means to our our kids and the.

AA

Tremendous volunteer efforts and the tremendous efforts of the previous council, especially.

AA

Councilor kennedy to bring this uh to us, I think it's our obligation to see it through.

A

Hey councilor bagley, council tabor. uh I would make a motion your honor, that we hold a public hearing.

AC

On additional bonding for the skatepark to include the base bid and alternate two in the amount of 1.

AC

Million 083500 is that correct city manager, that's correct. Second, any further discussion.

B

One more time, I'm sorry, one million, of course kelly. Thank you.

AC

I would propose a motion that we hold a public hearing on additional bonding for the skate park.

AC

Consisting of base bid and alternative to in the amount of one million 083500.

R

A

Any further discussion, all in favor aye aye any opposed okay, so that will be at.

A

The april 17th uh meeting in the form of public hearing uh look forward to seeing.

A

The skate park committee members then to uh and a discussion on on that, but thanks again all right.

A

uh As promised, uh take a quick break uh six minute recess and we'll get back back to it.

A

Welcome back from our quote six minute break there a little longer um denton.

AD

I motion to suspend the rules to bring forward items 16 a and b, which are the approval of.

AD

Grants for nations both involving the fire department. Second, all in favor aye, any opposed.

A

All right, we have the um first, the approval, donations, the fire department from shirley.

A

Van aiken for use at the fire department's discretion of a hundred dollars. I'd wait a.

A

Motion to approve and accept the donation is presented so move. Second, all in favor.

A

Aye all right next up um the acceptance of assistance to firefighters grant in the amount.

A

Of three hundred and thirty three thousand dollars: uh uh three 333 294 and 54 cents, I'd wait a motion.

A

To approve and accept the grant, as presented second all in favor aye, and thank you very much.

J

Thanks, gentlemen, thank you all right, we're back on to the city managers, items and.

K

Thanks mayor item number, two is a license agreement with our department, farmers market.

K

Vendor seacoast eats local they've, been great to work with in year number one and they're.

K

Back looking for uh a renewed license agreement and again it was a pleasure to work with them.

K

Last year we look forward to another successful farmers market this year with even more vendors, so.

K

um We're looking for approval of the license agreement, I'd wait, a motion to authorize the.

A

City manager to execute the license agreement as presented allowing seacoast eat wilco to operate.

A

A farmers market at the municipal complex on saturdays from may 6 2023 through november 4th.

A

2023 and that the city managers further authorized to negotiate and execute any amendment to the.

A

Agreement that she deems consistent with its purpose so moved. Second, any discussion.

J

um I had brought this up a ways back and I think it was towards the end of the season, so I wanted.

J

To bring it up again was that I thought that we as a city council, should make ourselves available.

J

um I would say- maybe one of us with the city manager on the weekends that she's there, but.

J

On the off weekends, maybe two of us could schedule to be there to be able to interact.

J

With the community and answer questions um regarding, uh you know the city and I don't.

J

Know if we need to make that request through this process, I can shed some light on that.

K

The market market vendor will leave a booth set up and dpw can set it up. Every saturday.

K

uh The library and I were taking turns so once a month, I would go once a month. The library would.

K

Go so there'll be two other free weekends per month, so we could. um I could circulate.

K

A calendar okay and and give you all some dibs and times on when you'd like to yeah. We could.

J

Do one person with the city manager, one with the library and go back and forth, is that okay.

A

It's fine by me. I don't think we he was looking very non-committal. I.

A

Think that uh I don't know if we needed in the license agreement.

A

um But is it currently called out, it's contemplated in life, lawyers.

A

um So I uh stand corrected, but I think that um that would be if we need an amendment to.

A

That I think it would be consistent with our vote here to include the city uh council along.

A

With city manager, uh as appropriate at the farmer's market, information.

A

All in favor aye aye aye any opposed. Oh sorry, I was just I just wanted to highlight uh on.

AA

Councilman rose comments because um not everybody may know, but we do have a wonderful farmers market.

AA

And the city manager was there to talk to any and all residents, and I stopped it a few times when.

AA

She was holding court, you will, if you will, and it's just a great opportunity for citizens in the.

AA

Community that have a question about government or or anything city related um there's. Nobody.

AA

Better in the city to talk to, uh with maybe the exception of the mayor than the city manager,.

A

Definitely better folks than me um all right, so we'll take the vote again. All in favor.

A

Aye any opposed I'm seeing none items three through seven all have a theme as you'll notice,.

K

In the agenda and I'm joined by assistant city attorney trevor mccourt, who can help with any.

K

Specifics, if you have any questions so I'll, take number three acceptance of an easement.

K

For 170 union street, this amounts to a simple uh request for an access easement to allow for leak.

K

Detection on the two private laterals and trevor educated me to the fact that anytime there's a.

K

New multi-family property that comes before us in this form or fashion we try to obtain.

K

This type of easement for safety purposes and that's what this one is before you tonight.

A

And just for us non-dpw folks, what are uh weeks on lateral, that's a great that's, a great question and.

K

I asked the same question of trevor and it's essentially the connection between where the.

K

Public connection leaves off and the equipment that attaches to the property fair enough.

A

um So this is just an easement to be able to um fix that and detect that if there's a leak there.

A

Correct council morrow for the record at our house. One time there was um someone had not properly.

J

Shut off the outdoor hose and they came by and dpw shut it off because they noticed it had been.

J

Running so just things like that excellent, so well um I wait a motion to authorize the city manager.

A

To accept and record and access easement for water services and substantially similar form to the.

A

Easement deed from l c s, g llc contained in the agenda pack so moved all in favor aye any opposed.

K

Four is acceptance of easements for 160 court street, and this is in an effort to close.

K

Out formally close out, the project pha brings this forward, and I want to give a shout out to.

K

Vincent hayes on our staff for helping the legal department in closing things out on on on behalf.

K

Of the project, this is a sewer line easement for a new sewer line that runs on the property.

A

And wait a motion to authorize the city manager to accept and record sewer line easements in.

A

Substantial similar form to the easement deed from portsmouth housing authority contained to the.

A

Agenda packet so moved second, all in favor, aye aye. Any opposed number five speaks to acceptance of.

K

Easements for 2454 lafayette road, which you will recall, is the the project that was approved by the.

K

Planning board on december 30th 2021 to construct a five-story structure with 95 condominium units.

K

At the former cinemagic location, this has a lot of material here, and what I'd like to share is that.

K

All of this was permissible under the innovative land use statute, and what this does is allow for.

K

The city council to accept a community space easement and a workforce housing covenant from.

K

The developer, the form of which have been approved by both planning and legal and.

K

um As is consistent with past practice, the housing authority agreed to assist the city as it ensures.

K

Future compliance with the terms of the workforce, housing agreement- uh this is amir. Thank you.

D

um City manager- I do have a question that was raised earlier too, that the affordable units.

D

Meet a hundred percent of our median income for three people: uh three person household- I guess.

D

It's a pretty easy question is: how is that? How are we considering that um workforce hut, workforce or.

D

Affordable housing um when it's 100 of our median, I'm going to ask trevor to come up um essentially.

K

That the agreement is modified from the default language, which is in our zoning ordinance. However,.

K

Our zoning ordinance does allow for modifications, which is what the planning board opted to do.

K

um Trevor, do you want to add anything to that sure? Thank you, uh mayor members of the city.

AE

Council, uh a workforce housing unit is defined in our zoning ordinance as a unit which is affordable.

AE

To a household with an income of no more than 100 of the median income, that is in an upward cap on.

AE

There and, as as the city manager mentioned, uh the zoning ordinance, does give the planning board the.

AE

Ability to modify certain terms within the work processing covenant, so they went up to that cap.

AE

And uh kind of in exchange, the part of the deal that they worked at with the developer, when this.

AE

All happened at the planning board meeting, which was in public the the default agreement under the.

AE

Zoning ordinance for our covenant, the default term is for at least 30 years, um and in this.

AE

Agreement, it's actually higher than that- it's it's for for at least 50 years. uh So it's for a.

AE

Longer term- and that's that's a concession that was agreed to in exchange for that 100 percent.

AE

um So all that was was um presented at the planning board. They did it.

AE

um At a at a public meeting and in accordance with the provisions of the zoning ordinance.

A

uh Council morale- I actually was the planning board member who negotiated for the 50 years so.

J

um I thought that was our give and take if we were going to go up in the percentage of median income.

J

That we would get there if they're for sale. Obviously it doesn't affect the developer, but.

J

We get a longer period of time where these units can only be sold within those levels, so that was.

J

The reasoning I had behind doing that and I also have two typos: can I point out in section three.

J

um Number b you have 50, but you forgot the word years.

J

And there's another one of those on section six: you have 50 ear instead of 50 year.

J

That's all I'm done. um I just I. I personally really struggle and I understand the give and take.

D

um That the planning board had to do to get the 50 years they just it. It really is a big.

D

Swing when you're looking at as talked about earlier 60 to 80 to 100 of people who could.

D

Of that income level, if they could even afford it, so I guess where I struggle is.

D

um To be in layman's terms does a 20 years matter. If, if the 20 you know does if the 20 increase.

D

um On income levels makes it so that people can't afford to purchase them.

D

um I I really struggle- and I know that we've been talking about this in land use committee.

D

And in the council, and just citywide of the give and take that we have with developers.

D

um Of of kind of what we're looking for to try to push as much as we can as much as we can, because.

D

There's no rsa that allows us to mandate affordable housing. So I I really struggle.

D

um I personally just don't see them as as equal exchanges.

D

um So I just I have a really hard time supporting this covenant, not not due to anyone's lack of work.

D

Or effort just my own kind of belief system, of what we're doing what we're trying to do.

A

Thank you assistant, mayor, a quick question just on uh so the planning board approved this.

A

um When we had planning board member uh hewitt uh here today said that planning board had not.

A

Approved this, um what was he speaking to the covenant or the it had not approved the covenant.

A

So can you walk me through how the this is with us if the planning board hasn't approved the covenant.

AE

Sure, well, they they approved um the use of a covenant as uh just like when they approve.

AE

An easement which is shown on a plan, the um easement doc easement deed document- is not.

AE

Generally, before the planning board at that time, it's it's the same here. The the planning board.

AE

Instructed the uh the applicant, in this case, to work with the planning and legal department to.

AE

um uh Draft a workforce, housing covenant that carried out the.

AE

Terms that were presented to it and were negotiated by the planning board uh to.

AE

Be brought then to the city council and that's what um that's what they decided.

AE

That's what they put in their letter of decision and that's why we are here today.

A

Thank you mayor. um So, while I also share serious concerns around making sure we have affordable.

Y

Housing within the city, I also have concerns about opening the city up for legal challenges.

Y

um With the council taking action on something that is the purview of the planning board, the.

Y

Planning board is quasi-judicial was authorized to negotiate this. This agreement, the planning.

Y

Board reached an agreement and that this is just the execution of that agreement.

Y

And the council is just allowing the city to execute it. The council really doesn't have.

Y

The authority and to negotiate renegotiate this agreement without, I believe, opening us.

Y

Up to some legal jeopardy, because the council is not the planning board, we're not the board.

Y

That makes those decisions around land use. We can make decisions around zoning.

Y

And what our zoning ordinance looks like, but we can't tell the planning.

Y

Board what they should and shouldn't do if it's currently allowable within the zoning ordinance.

A

Attorney mccort, would you like to comment on.

AE

uh Yes mayor, I if, if I could just add a little bit to that uh the city council, not this city,.

AE

Council but a past city council provided the planning board with authority to reach this.

AE

Kind of agreement with developers in exchange for development standards- if you know the council.

AE

Has given that authority already and then the planning board acted on that authority and I.

AE

I guess if this council doesn't agree with those terms contained within the zoning ordinance, then.

AE

um I would I would you know, you're the city council. I would recommend then just.

AE

Taking a look at those terms in the zoning ordinance and and in a forward-looking fashion,.

AE

Cancer baby yeah, thank you and uh I I will be voting in favor of this, but I think it's a good.

AA

Opportunity um to kind of explain what I think is a big question in the community like we often hear.

AA

About 60 ami is affordable or workforce housing, and if it's not that and it doesn't have the right.

AA

Number of bedrooms that doesn't qualify um council moreau actually gave me a great education on west.

AA

End yards where everybody says: oh, the ordinance required 20 and they only did it for 10 percent.

AA

um If I remember correctly, she said that on the planning board, they worked for almost two.

AA

Years with west end yards going through all the financials and basically it boiled down to west.

AA

Edge yards saying we just can't pencil this out at 20., so your options are we're just going to.

AA

Build the four stories and no affordable housing, or we can do 10 percent, and at least you get 10.

AA

Affordable housing, it wasn't like a back room deal. I think there was a lot of work sessions. There was.

AA

A lot of meetings um we make or or the council sets policy, but that policy see is not perfect.

AA

For every condition, if we require 20, but market conditions are such that nobody can afford to.

AA

Build then we don't get any affordable housing, so sometimes there has to be a little bit of a give.

AA

And take based on what the market conditions are, and that's why we have plenty boards and.

AA

Zoning boards and the htc so that when we set policy, there's workarounds for when that policy.

AA

Doesn't fit every unique situation and in a city like portsmouth, where every parcel is completely.

AA

Unique pretty much every building situation is unique, so we always need this give and take so.

AA

Why I would love to see us approving this, for you know, 100 years at 60 percent? I understand.

AA

That that's not feasible and you know sometimes we have to negotiate and take what we can get and.

AA

If there's one thing I've learned on the council is, if everybody walks away a little bit uh upset.

AA

With the solution, then you're, probably on the right solution, so I'll be voting in favor of this.

AA

Cancer done question for you trevor, sir: the up to 100 language. That's not something new which.

AD

Was added in that was what was discussed years ago by prior council correct, that's right! Yes,.

A

Council tabor, so what I hear you saying trevor is.

AC

The ordinance that we have that says for apartments.

AC

Workforce housing is 60 of the median income. That ordinance is permissible to go up to 100 percent.

AE

So the councilor there is a distinction in the ordinance between apartments and condominiums.

AE

Apartments has that 60 percent number you're referring to, but these are to be sold as as.

AE

Condominiums individually, which is why that um the ordinance allows for the higher ami for the sale.

AE

Of the units, but if like in west end yards for example, that is apartments, so so they have a.

AE

Lower ami cap, okay, so information that we got um that the cinemagic project is going to be.

AC

Apartments is incorrect. These are going to be condos yeah. Yes, absolutely, and you know I can.

AE

See why there may have been some confusion on that point, because there it does talk about tenants.

AE

And, of course, it is certainly permissible to rent out a condominium and that's sort of that.

AE

Eventuality that we were trying to anticipate right, um so our ordinance is very clear that.

AC

um Affordable for condominiums is up to 100 immediate income, that's which gives.

AC

The planning board the authority to do what they did. That's right. Okay, thanks.

A

Just a technical question would these: if these are owned, can they be rented and as on just.

A

Condominiums, can they be rented at a price, that's separate or a rent, that's separate and not is I.

A

Guess if somebody buys these as a hundred percent, because they rent them out at a they qualify as.

A

100, well, if they were to rent them, would they still qualify? Would they still qual or be.

A

Restricted in terms of the ami, yes, the tenants would also be subject to that 100 ami number.

AE

um And and all the tenants everyone living in the pro in the property in the in the project.

AE

For the duration of the 50 years, um that'll be audited annually by portsmouth housing authority.

AE

To ensure that everybody living in that property meets meets these requirements in the covenant.

AE

Which is the same arrangement at west end yards customer I'd just like to add that we were able.

J

To get the full 20 of units in this project, which we weren't able to get in the rental units of west.

J

End yards, so that was in my mind we finally sort of got close much closer to what we were looking.

J

For in this project, so I think it's a win for the city as we fought very hard to get a lot of.

J

Workforce housing and private development. um Just one more comment- and I know technically when we.

AA

Talk about this we always say units, but what I try to think in my head when we're talking about this.

AA

These are homes; these are places where people in our community get to live. So you know when.

AA

We say units, it sounds a little bit impersonal, but this is where our friends and neighbors are.

AA

Going to live and make their home so anything we can do to to provide homes for for people in our.

AA

Community, I think we really need to do even if it's not as perfect as we'd like it to be.

A

Thank you, councilor bagley uh attorney mccourt. uh If we were to vote this down, what are the.

A

Next steps that the city would face uh with us and let me try to paint the picture uh we would.

A

Previous city council set a policy where 100 of ami was allowed for condominiums.

A

The planning board implemented that policy in order to get an increased number of units.

A

Under that, as part of their construction plan, imagining some loans and also we increased.

A

The duration of that, from 30 years to 50 years, that covenant was not accepted or negotiated by.

A

The planning board, but negotiating the deal, and this covenant comes to the city council.

A

Falls if we do not support this covenant, where does the city find themselves at that moment?.

AE

Well, if you were to not approve this covenant, I would just recommend at least that you provide.

AE

Specific reasons for for doing so, hopefully those reasons would not be contrary to what.

AE

The planning board has already said you know, perhaps there's something else in the in the.

AE

Covenant that you might find that that could be amended in in negotiation with uh with.

AE

The developer absent that I don't know of any situation where a municipality has taken the.

AE

The path that you had laid out, and certainly um certainly the city would be facing, I think.

AE

um A potential legal challenge, or by the developer or at a minimum, we.

AE

Would we would need to return to the planning board to get amended approval for the project.

AE

But it would, it would certainly delay their project and and put them in a tough spot. Okay, so.

A

um The option would then be to move it back to the planning board. What would that I mean? I guess it.

AE

Would depend uh respect for your honor on on why the council is choosing to reject the agreement.

AE

um Yeah, I guess that would be my question and then I could recommend a path forward.

AC

Council tabor um help me understand, then, uh in the covenant language section, one.

AC

Affordable means that the rent or sales shall be affordable to a qualifying, tenant or buyer.

AC

Rent for any unit shall be set at the 100 rent limit for a three-person household, determined.

AC

On a per bedroom basis, as established by the portsmouth rochester hud metropolitan, fair.

AC

Market rent areas as published in ula by houd for sale housing is any unit. That's affordable,.

AC

To a household of four earning up to 100 of the area, meaning so the first part of that covenant.

AC

Seems to refer to apartment rentals. uh Well again, that's that's referring to rentals of the units.

AE

um You know a condo owner could rent out their unit to to someone. um Certainly.

AE

Become a landlord of one of the units, I'm just. I just wanted to be clear that.

AC

um Because of our conditions, where the developer is not moving towards apartments, as opposed to.

AC

Conduct, no, and and just to um I like that. That would not be in conformance with their.

AE

Cyclone approval and if they were to do that, they they may be able to, but they would need.

AE

To return to the planning board for amended cipeline review, all right approval and amended.

AE

Conditional use permit that's very helpful that enables me to vote for this thanks. Thank you.

A

Council moreau I'd like make a motion that we moved to authorize the city.

J

Manager to accept and record a community space easement and the workforce has in.

J

Covenant in substantially similar form to the easement deeds from uh deeds from 2422.

J

Lafayette road associates llc contained in the agenda packet subject to my corrections. Second,.

AA

Counselor bagley yeah, thank you aaron. Hopefully this will be my last buddy of the apple.

AA

I do want to put out there that once again, we only have the carrot when it comes to affordable.

AA

Housing and large developments because concord, despite taking up a bill for the last, I think.

AA

Going on 15 or 20 years has never passed an rsa that would allow the city of portsmouth.

AA

To require a proportion of affordable housing units in a large development such as this and.

AA

Please correct me if I'm wrong, but I think we've only had two, this being the second one, the first.

AA

One being west end yards, so I would hate for this council to put any doubt in developers minds that.

AA

We would not be supportive of a project that included affordable housing because.

AA

I would worry that we would scare away people from you know going down this path.

A

Councilor back I I appreciate that I have.

A

The issue that I have is with the definition of affordable. If it's a hundred percent of the.

A

Ami, it's hard to imagine that it would be considered affordable. It's literally what.

A

Hundred percent of the average median income is, and the average median income portsmouth is pretty.

A

High, it's a larger subset of that. So the idea that concord needs to solve our problems in in.

A

This case well, I am quick to point that argument out on many occasions. Here's an occasion where.

A

We had the opportunity to limit to 60 percent granted. The building might not have happened.

A

And that's the risk that we run, but I think that more people in portsmouth want to see us.

A

Hold the line on 60 percent and say come hell or high water you're, not building. Unless it's.

A

Affordable for a significant amount of uh of of individuals at a significantly lower price.

A

I don't think that there's a enormous amount of pushback for us to say no to a development if it's.

A

Not going to have that and certainly not have the definition of affordable, I balance that versus the.

A

Quite literal fact that we are, you know, having to you, know, take a bite of this apple. That is.

A

It's already it's already baked the the idea that we have a policy and I would suggest to the land.

A

Use board that we get on our horse and ride about removing the hundred percent ami or up to reducing.

A

And removing the community space option as we've stated that we are and have that as a zoning.

A

Ordinance, you know within on our on our deus the next couple months, so that we can prevent this.

A

From future councils, from being able to be put in the same position of having to call 100 ami.

A

An affordable unit and to go to a ribbon, cutting and all clap that we're doing a lot and we're.

A

Doing more than a little, but it's not enough and that's the frustration that I think the assistant.

A

Mayor and I share when it comes to this project in particular, counselor bagler, I'm sorry, I do have.

AA

um Maybe a few: it's not the right word, but I do have some data um that may kind of help explain.

AA

Why 100 percent is not such a bad thing recently, the medium home value by state, new hampshire came.

AA

In number 10 at 421 000., um strangely enough, my wife and I bought our house in 2019 for 421.

AA

000. that house today is worth like 675. We could not afford to buy a house in this community today.

AA

Three years later, because the medium house in the united states has gone up, 45 percent, the.

AA

Vast majority of the people that live in our community today, who 100 ami and could afford.

AA

To buy a house in 2019. would not be able to do so today because of the drastic increases in housing.

AA

Costs so I think the ami, um the average income in portsmouth is nowhere near high enough to buy.

AA

Property in portsmouth because of this drastic change, so I do think it's it's quite nuanced.

AA

I don't have any good solutions, but I don't think this is a standard situation since the pandemic.

AA

Housing prices, increasing close to 50 percent over three years is has kind of thrown everything out.

AA

Of alignment to traditional scenarios, I would agree council cook. Thank you mayor. I agree that.

Y

It's troubling to see uh workforce housing being called workforce at 100 percent, um but at the same.

Y

Time this is our current zoning coordinates, and this is a project. That's already gone through our.

Y

Planning boards, under our current zoning, ordinance so revisiting it at this point. In that agreement.

Y

At this point is not really the legal purview of the council, I do believe the remedy is in a second.

Y

Motion tonight, after we finish with this motion to request that the land use board revisit um revisit.

Y

Our our policy and our ordinance in this case, and I think it would be absolutely reasonable.

Y

For this council to make that second motion tonight asking the land use board to consider.

Y

That it's happened frequently with the governance committee that we've ended up with a resolution.

Y

Or something referred to us afterwards to think about a policy, because the council wasn't happy.

Y

With the policy that came before us and and what we had to deal with, and and in this case I think.

Y

Legally, we're not in a good position to reject this, but we are in a great position to refer.

Y

Action to the land use words for recommendation to the council legal question for attorney mccourt.

A

um How would it go if we were to um suggest a motion after this uh assume this passes? I think.

A

It has the votes to pass assume that we would make a motion uh to request back a ordinance.

A

Change removing community space as an accepted trade-off and limiting 60 uh or uh units to be.

A

At 60 percent of ami or somewhere in that, if a project happened was put through forth, the.

A

City tomorrow- and we have stated this opinion tonight to begin this process of changing the.

A

Ordinance would that be subject to that, or only when we have signed the the ink on that.

AE

You're, I believe that the um what the case law says is it has to be noticed.

AE

I'll look to uh the city attorney for a little, maybe a little assistance here, but I believe.

AE

That it has to be noticed um for for first reading in order for that um to be binding on the next.

AE

uh Development coming down the road.

A

Councilman rome: I have the answer to that question it. He is correct, um but developers as soon as they.

J

Do design review and have a public hearing in front of the planning board vest in our.

J

Ordinance, so it doesn't matter what we do after that, so just so you know, and they're usually.

J

Coming to us a year before, we actually see site plan with consultation and design review so and.

J

Design review isn't a reviewing design, it's it's a term of art from our ordinance and our statutes in.

J

The state, but that allows them to vest, because we have an initial view of the project and an.

J

Initial public hearing on the project, so even if you were to change something and we were able to.

J

Actually get it here in a reasonable amount of time it would still any project. That's in.

J

Process right now could come to planning board and have a public hearing invest before that happens.

J

It's just to guarantee for projects so that they know what zoning they're going to be under. As.

J

They go through the process. That is why why it was put in there, but I'd also like to add that.

J

I did actually ask the question at planning board when this was before us uh before me as a planning.

J

Board member, I actually asked the attorney at this time if this project was built at that day. What.

J

The actual sale amount would be of the units, and it was a little over four hundred thousand dollars.

J

And that blew me away that that's where our median income is that that's where the levels are so.

J

Yeah, since then, values have gotten even worse, but if our media income hasn't changed a lot.

J

That means that sale value was probably in a similar price range. um I'd also like to state.

J

That land use is already looking at incentives. We already have started that process. We're actually.

J

Working on a plan for community engagement around incentives now, so you can order us to just change.

J

It and bring it back or you can. Let us go through the process of making sure that we really evaluate.

J

All incentives across the board in our zoning that have to do with community space, workforce housing.

J

With that lens of trying to produce more housing, it's up to you guys land use is here to advise you.

J

And we can go through it quickly, we can go through it methodically. We can pull something out if you.

J

Want us to, but at this moment that is what phase three is all about, and that has already begun well,.

A

I would, I would say we should pull the things out and start adding back in in a more thoughtful way.

A

But some of the things that we've seen not to work like the community space and the vote- that's given.

A

This consternation in terms of 100 of ami, I would like to see, is pull them out and then.

A

Look at a longer process of what we can add back in, but that uh that's uh probably a conversation.

A

For another day and happy to hear that it's already being worked on uh tournament court.

A

um uh Do you have, or maybe councilman wrote the average size of units uh in here? I do.

AE

I don't, but I read it earlier today. There is a percentage of, I think, one bedrooms, two bedrooms.

J

And three bedrooms, if I remember correctly, there is a variation but there's multiple different.

J

Sizes, they're not all the same size. You know the total numbers of units 95 95 95., how many units.

A

Are uh 20, 20 and they're to be evenly distributed among the throughout the property and among the.

AE

uh Unit sizes, 18 properties that are auto sales, are uh at 100 and then of those. uh Let's see.

A

There's studios or one bedroom: one bedroom, two bedroom: three bedroom, yeah; okay, so six of each.

A

Or potentially less if there's reflective of the overall um set of units in the square footage of.

A

Them, okay, so, let's assume for five three bedroom apartments at uh 100 of ami um means. You know.

A

Five more families can stay here uh than would otherwise, and somebody would qualify for this if.

A

They were, uh let's say firefighter and a teacher were both on the starting out uh not to exceed a.

A

Hundred thousand uh dollars would qualify on first, your salaries unknown if it would be by fifth year.

A

Salary but, okay, um I think that there's at least from my perspective, a very tangible feeling about.

A

Something that was approved in policy, that was a 2019 policy before a pandemic. Before we saw.

A

As much influx in the amount of units that were coming in and we bristle- or at least I bristle.

A

Sister mayor mentioned that I think we all have a problem with the terminology of 100. But given.

A

The fact that this is a a policy was approved by the planning board and our process here is.

A

More or less to deliver the seal of the city to a land use sports decision. I don't feel as though I.

A

Can vote against this covenant or granting this covenant due to the fact that it is not my legal.

A

Responsibility to to do so, although morally does not feel as good now no shade on council moreau.

A

Because I do remember those conversations- and I remember believing the powers that be in terms of.

A

Developers in the conversation, I think portsmouth has changed a lot and the the other 80 are going.

A

To gather more and make up for it than they would have otherwise, and would love to be able to.

A

Revisit this, but are under no obligation to uh at least the developers that know their no obligation.

A

To so with that, um I will ask for a vote all in favor aye. Any opposed yeah opposed next up great.

K

Thank you uh next is the request for an acceptance of an easement for 201 kearsarge way, essentially.

K

This is expanding that access agreement as they expand the driveway in turning one lot into.

K

Three lots all that have access to a current existing public way known as bert street. What.

K

This will do is it'll help the city's ability to maintain it as as access on an existing public way.

A

I await a motion to authorize the city manager accept and record an.

A

Access to easement and substantial similar forms, the easement deed from richard.

A

Fuzzini contained to the agenda packet so moved. Second, all in favor aye any opposed. Thank you.

K

There's acceptance of easements and license at 444 borthwick ave.

K

And this relates to the new satellite parking to be constructed by portsmouth regional hospital.

K

So this first easement speaks to a new drainage structure coming from borthwick ave. This will.

K

Essentially, help the city deal with a city. Drainage need from a public way. It's important.

K

To note that the hospital is already complied with their own on-site drainage requirements, so.

K

That is request. Number one and number two speaks to the license. Agreement would be expansion of an.

K

Existing sidewalk, which would make this easier to maintain and the hospital is very, been very.

K

Cooperative to work with, and both the deed and the draft license agreement are in the packet.

A

I would weight a sample motion to authorize the city manager except.

A

And record a stormwater easement and grant a sidewalk maintenance license in substantial similar form, so the easement deed form these indeed form and the.

A

License agreement to hca realty incorporated contained in the agenda packet selma second.

A

All in favor aye aye any opposed. Thank you and thank you trevor uh item eight and the.

K

Last city manager, item action item is finalization of easements and a license amendment for west end.

K

Yards this is a complicated one and assistant city attorney, jane ferini's here, along with attorney.

K

For the developer, john bozian, this project is very close to completion and in the final review staff.

K

Discovered internal easements between the parcels within the development and these easements need to.

K

Be approved by council, it also finalizes community space, easement and releases sewer infrastructure.

K

Which we do not need so there's a lot to read here. The last thing I should point out is: there's.

K

Amendment to a landscape agreement which holds the developer to landscape commitments along hodgson.

K

Way and kate street so to summarize, there's a sight line. Easement there are two community space.

K

Easements, a release of sewer infrastructure and amendment and an amendment to the.

K

Landscape license and if there are any specific questions, jane is immersively here to help me.

A

um Any questions.

A

Council moreau.

J

I guess I just have a little bit of confusion as to who is truly going to be responsible. Is it.

J

Going for the um greenway along houses, because I know part of that really went with like the.

J

Townhouse portion, which I believe got sold off, and so, if you could just dive into that a little bit.

AF

Right so in may of 2020, when the first packet of all these easements came before the council.

AF

The hodgdon way portion of the greenway was clearly established in the landscape agreement.

AF

um And once we were reviewing the finalization of this project, obviously the keyed street extension.

AF

Hadn't been constructed, so what this amendment is doing is attaching that responsibility to.

AF

Kate street development llc who's represented by attorney boson, who is here this evening as well.

AF

So they'll be responsible for both strips, even though kate street llc is the owner.

AF

Of the parcel that's sort of a what's the the second portion of the greenway that connects to.

AF

Bartlett but it will be kate street development llc, the original applicant, the original owner.

AF

Of parcels a and b will be responsible for that lower strip. Thank you. You're welcome.

A

uh Just on the that topic, what is that responsibility include to install and maintain.

AF

The landscaping along uh both hodgdon way and kate street there's some little trees. It's a very small.

AF

Strip of of land, if you drive by you'll, see there are some trees to in order to maintain those.

AF

That landscaping, okay, typically, um would has the city ever required. So we don't put as I've learned.

A

Trash cans outside of the downtowner, that's limited, uh there's that becomes more walking.

A

um Just imagining, if there was glitter strewn about there, would that be uh the responsibility.

A

Of the uh kate street, if it was if litter was strewn or would be a city responsibility in.

A

Terms of not installing a trash receptacle, um it's on the other side of the of hodgkin, so it's not.

AF

Not the side of budding the yeah, so there's not on the greenways on the outer rim of hodginton way. So.

AF

um I I don't think the landscape agreement specifically addresses litter and certainly.

AF

Doesn't address trash receptacles, but I know that public works you know reaches out to folks.

AF

That have the obligations to maintain our license area in a good neat and clean condition. All right.

A

I was actually going to have a similar question.

AA

um So the easement is the side where the bike multi-use path is it's on the other side and we.

AA

Have had requests in the past that you know they would like a trash can out there. um One of the.

AA

Reasons, I believe we don't do. Trash cans outside of the downtown is one those trash cans are paid.

AA

For with parking revenue and there's no parking revenue that comes from this section of the city.

AA

And two: if you have a trash, can it actually invites more debris? So if it's not regularly.

AA

Emptied the trash can overflows and it makes the problem problem actually worse. That being said,.

AA

Is it possible to ask them to at least look into providing a trash can in a regular trash.

AA

Service, if they already have one for for the development or is that kind of outside the.

AA

Scope of this, it's, I think it's outside the scope of the landscape agreement, but because.

AF

Attorney john boson is right here. Listening to that question, we can certainly relay the requests.

A

Any other questions all the covenants for workforce housing were already established.

AF

Years ago, yeah recorded in the registry. Yes question: why would the nevermind um okay any.

A

Other questions from the council, all in favor aye any opposed. Thank you jane. Thank you, jane.

A

All right, we are on to the consent agenda. I'd wait! A motion to adopt the consent agenda still moved.

B

Second, all in favor, aye aye any opposed um I'd, wait a motion to accept uh email, correspondence.

A

And place on file so moved grabber. A quick comment on this one. Certainly the.

AD

um There was one email going through these that I found for my eighth grade student, who.

AD

Is asking for our municipal complexes, electricity rates, so I've reached out to the city- and I know.

AD

That the uh dpw staff is working on getting those figures turns out. I was too slow and I.

AD

Know their homework is actually due tomorrow, but they'll still gladly use any information. I know.

AD

That the teacher chris rose said he'll, give the students some more time when we do get them. That.

AD

Information, I also want to read something which he wrote on: why they're working on this project.

AD

um And if everyone recalls last year, some of the some of them were sent to the city council for.

AD

Review, I know that's the goal as well this year, but I think it's worthwhile noting that he'd write.

AD

I'll absolutely forward some of the best most realistic proposals to the city council this year.

AD

One of the biggest concerns that our students have shared during our climate change unit is.

AD

That does not appear that portsmouth is making a large enough investment in renewable energy.

AD

To lessen new hampshire's use of fossil fuels for our electricity needs. That is why the focus.

AD

This year was on city-owned properties that could potentially benefit for large-scale solar, arrays.

AD

Mentioned stover and thanks us again, so um a kudos to the teachers who are teaching students about.

AD

Climate change- I know they're very concerned about it and I know the city is making strives.

AD

From where we were when it comes to things like this and the capital climate action plan, which.

AD

We hope to implement this year, we'll address some of those concerns and there's actually.

AD

A role for those students when it comes to input in the climate action plan. So with all that said,.

AD

Thank you, I saw peter rice was going to come down, but thank you for being able to share the.

AD

Information with the students, when you have it likewise, thank you to our teachers, who actually.

AD

Helping the students do what they can to address this issue, councilor denton, any other comments.

A

All in favor aye any opposed.

A

Next up a letter from maggie walsh, ymca of the seacoast.

A

Requesting permission to hold 5k fun run saturday june 24th. uh I'd wait a.

A

Motion to refer to the city manager with authority to act, so I moved second yeah.

A

Councilor cook, uh thank you runner. um I want to clarify for those at home who know that I'm on the.

Y

Ymca board that this is not the ymca which I'm on the board, the ymca of the seacoast is affiliated.

Y

With granite ymca, I'm actually on the board for the southern district ymca, they are not affiliated.

Y

At all, so I um so I will be able to vote on this all right, all in favor aye, any opposed.

A

Okay on to the council agenda uh appointments to be voted, uh uh ernest carrier appointment.

A

As an alternate to the planning board daniel main a reappointment to the portsmouth housing.

A

Authority, jacqueline callie, pitts reappointment to the rec board, richard duddy reappointment to.

A

The rec board lauren kranz reappointment to the rec board jessica, blasko appointment to.

A

The blue ribbon sustainability committee, john parker, patrick cardi, appointment to the blue.

A

Urban sustainability committee, jeffrey matson appointment as a regular member to the zoning.

A

Board of adjustment ml gifford appointment as an alternate to the zoning board of adjustment. Jody.

A

Record appointment as an alternate to the zoning board adjustment, I'd wait a motion to a approve.

A

The nominations so move. Second, any discussion. Council bagley, your honor. I I think um you know.

AA

You've brought forward a lot of uh appointments to be voted tonight and all throughout the the.

AA

Council term and it being national volunteer month, I think it's um appropriate just to highlight all.

AA

These citizens, who are appointed by the mayor, give a lot of their free time as volunteers to.

AA

Development of our city- and I want to thank all the people that have put themselves forward to.

AA

Donate their time, thank you, uh councilor bagley. We will um hopefully rekindle a initiative in the.

A

Fall of a recognition event for the uh the members that have served and who no longer.

A

Serve- and I will make one call out here- I see councilman barty, who served many years on the htc.

A

Not quite as many as jackie calipits, who will be entering her 40th year on the rec board, which is.

I

It's a long time, and so I appreciate her service and service of all that stepped up to serve.

A

Council or counselor take your um we're gonna reform, counselor bagley's statement that it is.

H

Frontier and a lot of these names, I've known they've, been volunteering, since I was a very.

H

Young child, so I think it's very appropriate and I'm excited that they're still going to volunteer.

H

And give back to the city, but there's a lot of this. This is quite a list of names here that we.

H

Have so I thought it was very appropriate that it is volunteer month. It is a the city works because.

A

People are willing to work for it and that's uh it's a it's an awesome uh responsibility to be.

A

Able to uh move these names forward as a council and to thank them uh for the work that they will.

A

Do cancer and body I'd just like to say that um I don't, I think, the last time we had a recognition.

C

Event was under mayor blaylock and I was part of that and it really meant a lot to me and so.

C

I really am excited that we are planning to do that again. I think you know there's some covet.

A

Changed a lot in terms of things where we had the habit of doing and that habit breaks, and it was.

A

um You know, and and when we had it was volunteer month and I a member of the public after one of.

A

The proclamations said you should have a volunteer and I thought we should and it turns out it was.

A

This month, and so it was really close by and it was talking with joanna and she stated joanna.

A

Diemer that there used to be this event and that you know if we want, we can get that event going.

A

Again- and that is, I think, a a fantastic idea for not only the us to recognize the boards and.

A

Commissioners, but for those boards and commissions that don't get to talk too much get to see you.

A

Know all of the folks that are serving alongside them on alternative boards, so I would, I would like.

C

To add that it's a long event, because there are a lot of people who donate their time to this city.

A

It it is clear the calendar guys [laughter], it's a few yeah it'll, be a few all right. uh All in favor.

I

Aye any opposed all right, councilor tabor thanks your honor. um We have a new community.

AC

Engagement and communications officer for the city, monty bohannon and uh I swarmed him.

AC

And uh this motion was originally more action oriented. I was thinking we could.

AC

Form a blue ribbon committee and the city manager said: let's play the long game here.

AC

um And do this one step at a time and start with an update uh and now that monty.

AC

Is here and now that we've also uh deployed flash vote, as many people have seen out and.

AC

Get an update from him and some thoughts from him on where we can go with community engagement.

AC

As I mentioned in my material in the packet, it's really a a goal of our council, one that.

AC

I'm really fond of and would like to see us continue, making progress.

AC

um So the motion is to request an update on the public engagement report of july 26th. Second 2022.

AC

Get a second I'll, just add a few more seconds.

AC

um I gave some a little bit of narrative examples of where.

AC

Surveys and community engagement have really helped us this year, like outdoor dining and the.

AC

Neighborhood parking programs and some past examples of where study circles have helped.

AC

The city like the middle school renovator, relocate dialogue and the 2015 master plan.

AC

So I was hoping that we could touch on those when we get the update or opportunities for those and.

AC

I also um hope we can talk about sherburn and affordable housing in that neighborhood.

AC

um And I heard a variety of voices, not just one type of voice from that neighborhood. I.

AC

Heard a number of opinions and I think it would be beneficial if, uh as the the work from the land use.

AC

Board comes to fruition, maybe to have some kind of dialogue with that neighborhood, where they.

AC

Could um talk about the values and priorities for affordable housing in their neighborhood.

AC

In the context of how acute a problem, it is for the whole city so that they could talk about, have.

AC

A dialogue amongst themselves in small groups and recommend their priorities and their values to us.

AC

So that was another reason that I was keen to get a look at the whole 360 degree.

AC

um Range of options for community engagement.

AC

So that will tee up. I hope what we can talk about when that report's ready and uh put it to a vote.

A

And council tabor council morale um I'd just like to ask that part of that report addresses some of.

J

The concerns that were brought up during public comment uh regarding verifying of residents when.

J

You're, like looking at flash vote or um who's going to use it, and how do we prevent from.

J

It being abused and if that can be part of that report, so we make sure we're addressing security.

J

Concerns as well, yeah and- and I think it's very easy to do that, um but let's do that too.

AA

Councilor bagley yeah thank your honor and thank you councilor tabor, for starting this.

AA

Initiative we we had a soft roll out, I believe, on friday on youtube, and I saw it and I got.

AA

Excited and I posted it a little bit ahead of mondays or tonight. Today's firm rollout.

AA

um But I've kind of taken a deep dive into it. We've uh at the start of this conversation, we.

AA

Had 189 members we're now up to 190 members? If you look at the frequently asked questions it.

AA

Make sure that you can't vote stack, it has where you live by zip code and everything your name is.

AA

Listed but the city sees no other details and you can change your nickname to be something other.

AA

Than your name, and the best part is, is there's kind of like a default survey that everybody.

AA

That joins flash vote takes and if you go to that citizen satisfaction survey every community in the.

AA

Country has responded, so that's not really useful, but you can go in the search bar and you can limit.

AA

It to portsmouth new hampshire and it shows you the answers for question, one uh which we've had.

AA

143 responses the answers for question two which we've had 142 responses and then it does something.

AA

Really cool it on question three: it was put your comments in to on what local issues, if any, would.

AA

You like flash vote to collect citizen input for your local government and it does a word.

AA

Map where, uh if people put in that issue a lot, the word is bigger and the biggest word.

AA

On it is housing and uh the second biggest word is affordable and then there's there's.

AA

Tons of other words in there, but it's a really interactive way for citizens, one to get engage.

AA

The government, with a short investment of time and it's super transparent because everybody.

AA

Gets to see the results and they're broken down graphically in a very easy to understand manner.

AA

So I just really want to applaud counselor tabor for for bringing this forward, because I think it's.

AA

Going to be a an amazing tool for getting citizen engagement yeah, I look forward to to using it and.

AC

um And everybody who signs up and uses it gets the results in 48 hours, it's totally transparent.

AC

um And uh I think the other benefit of it is- and I'm talking past the point of close here, but.

AC

um The other benefit is that when we do surveys- and we announce a survey about a particular issue,.

AC

um Everybody who's active in that issue can email their friends and say.

AC

Pump pump your data into this survey: this is a panel uh that is made up to be represented of.

AC

The community of the community, so you know, I think the best opinion research is, is not the people who.

AC

Just volunteer to sign up it's a balanced survey of a cross-cut of the whole community by age by.

AC

Income by kids or no kids, I think that's how we get a more representative response.

T

Council cook, thank you mayor. um I just wanted to again thank councilor tabor for suggesting.

Y

That we look at flash vote and um for the city and following through and setting this up for us and.

Y

uh um Getting us started at this point um in a way of collecting more um diverse data for the city.

Y

um In the past, it's been very difficult to know where all the different citizens stand, and this.

Y

Does provide us an opportunity to do a general kind of polling kind of question for um for any.

Y

Issue for a wide range of of residents, but the only way that that happens is if people sign up.

Y

And so I want to encourage our residents to please sign up for flash vote and any concerns that were.

Y

Expressed this evening, I think, have been very well addressed by counselor taper and counselor bagley.

Y

Before me, I want to assure all the residents at home that this is just another tool for the.

Y

Council to use to collect opinions from the public, the council still makes the decision, so the tools.

Y

Not making decisions for us, but it provides us with a little bit more data. So it's much easier to.

Y

Make an informed decision. Thank you. Councilor cook certainly echo that statement just as a public.

A

Comment is a portion of that and we've extended public comment to zoom to make it easier flash.

A

Vote extends uh our information uh collecting to folks that might not always pay attention to their.

A

Government, because their government still pays attention to you um in in that sense and would.

A

Love for this, if nothing more, to be informational about what are the questions that the city council.

A

Is looking to answer so thank you, councilor tabor. uh Thank you for the report back that we'll.

A

Receive from auntie, provided this vote passes and now I'm talking past the close phone. Is that or.

B

You just news: this is going on all in favor aye, any opposed concert bagley. uh Thank you. Your honor.

AA

To the agenda parking traffic safety committee, action sheets and minutes of march 15th, 2023.

AA

Meeting I moved to approve and accept the action sheet and minutes of the march 15.

AA

2023 parking traffic safety committee meeting second, and I will speak very briefly to it.

AA

um I don't think, there's anything too controversial on there. However, I do.

AA

Want to acknowledge the work of two of the members, steve pesci, erica lygonik, as well as city engineer,.

AA

Eric eby and associate engineer, tyler reese for around two years, they've been working on a speed.

AA

Limit comprehensive review of the speed limits in the entire city and they've found a number of.

AA

Areas where our ordinances don't match the signs they've also addressed what we'd like speed limits.

AA

To be versus what they actually are and what we can do through short-term and long-term measures.

AA

To bring those speed limits down to a safer rate of speed because overwhelmingly the request we.

AA

Receive at pts is to slow traffic, not make it faster. It's a very comprehensive presentation.

AA

I believe it's on the city website, but if not, it will be there soon and if you look at that meeting.

AA

You can see the probably half hour presentation that they gave, but it really gets in into the.

AA

Nitty-Gritty of why we set speed limits, the way we do and why speed limits are not really that great.

AA

At controlling speed, it's really how the driver feels that creates the speeds that they're going.

AA

But it's going to give the city a great road map to move forward with, hopefully controlling speeds.

AA

To a safer rate and just a tremendous amount of work was put in by those individuals to the.

AA

Benefit of our city. Thank you, councilor bagley, any other questions or any questions on that.

A

Appreciate the work you do on the committee, it is often that one of the toughest assignments.

A

That we have as a council, is how people feel uh with regard to the safety throwing.

A

Parking there, that's not an easy one, so appreciate the work that you do and.

A

For the conversations that you facilitate as as chair all in favor aye, any opposed.

A

Next up counselor cook, thank you garner um tonight. The city council was to consider the donation.

Y

Policy city donation policy brought forward by the governance committee, but unfortunately,.

Y

After the agenda was already published, we had some last minute concerns from a few parts of.

Y

The city that want to go back and look at this one more time to make sure it works with their.

Y

Policy so, instead of moving to adopt the policy is presented this evening. If the council indulge.

Y

Me I want to move to postpone consideration until the may 1st city council meeting. Second.

A

All in favor aye aye any opposed.

A

At 10 o'clock, I'm I'm fine to push anything off next week or next. Two.

A

Weeks, thank you, counselor cook, for the work that has gone into this and for seeing it as.

A

A as an area of improvement, next up approvals of grants and donations c.

A

Bigger one acceptance of state aid grant award sag for pierce island wastewater treatment,.

A

Upgrade to wait a motion to approve and accept the state aid grant in the amount of 35 million.

A

31 456 dollars parable payable over 30 years pursuant to the amortization schedule. Second,.

A

Are there any questions? I guess I I have one and it was somewhat brought up. This is different from.

A

um The sewer rates are an enterprise funds, so you pay based on the usage and the calculation.

A

Of this was based on that, so when we moved out the expansion of peas, it wasn't like we were saving.

A

Money because we weren't spending that money and weren't going to amortize that or use that as an.

A

Enterprise fund- this is a little different because of the fact that this is offers this at a lower.

A

Rate, I would imagine from a debt service limit, but can anybody get in the in the city? Explain.

A

How much lower or what we should expect in terms of rates, your honor I'll, take a stab and if there.

K

Are further questions peter rice is here as well, um but by it came up in public comment that by.

K

um What does this do to to the overall financial picture? We would be using net position to reduce.

K

The increases to rate payers, so this grant will help lessen that need to dip into that position.

K

And will help to maintain a reasonable increase increase to rate payers over time.

K

So it softens the glide path. If that helps, you extends and softens that glide path.

A

And when will we be discussing this in more depth? It's part of the budget process. That's.

AA

Good evening, mr mayor city, council, peter rice, director of public works, we would be discussing.

AG

It during our budget work sessions with you all. um However, you know the manager is correct in that.

AG

It it will help reduce the increase of rates. It's important to realize that this isn't a lump sum.

AG

Cash payment: this is a kind of a reverse mortgage, almost where they give us a portion of the.

AG

Principal and a portion of the interest to offset the overall cost of the the treatment plan make.

AG

No bones about it: it is a really great great thing for us. We were looking at give it a sneak peek. We.

AG

Were originally looking at over six percent, but now we're looking at significantly less closer.

AG

To four, uh which is um four and a half, so it's a big deal and it allows us to be able to look.

AG

At you know significant projects that are coming at us in the next few years and not be you know.

AG

Really worried about them, so it's it's! It's a very, very positive thing for the sewer enterprise fund.

A

Thank you peter and for you you gave a tell, uh I guess, when he's excited.

A

And it's good news: he comes down to the mic faster.

A

I don't have to think about what I'm saying as much.

I

Oh, I will uh thank you uh for the explanation and for the uh the work to get this uh stated. Grant.

A

um uh The right fairs will thank you all in favor aye, any opposed next up. Acceptance of 2023 local.

A

Source water protection program grant sample motion uh owed way to motion to authorize the.

A

City manager, to enter into a grant agreement with the state of new hampshire department.

A

Of environmental services to accept up to twenty five thousand dollars from the new hampshire des.

A

Local source water protection program to assist with the purchase of a conservation easement on.

A

A parcel adjacent to the bellamy reservoir so moved. Second, all in favor aye any opposed this.

A

Is an approval of donation from piscataqua savings bank for lunch as a part of student government.

A

Day, I'd wait: a motion to accept the donation for student government day for student staff and city.

A

Council members participating not to exceed one thousand dollars so moved. Second, all in favor, aye.

A

Acceptance of invest new hampshire, municipal demolition grant program in the amount of 125.

A

600 I'd, wait a motion to approve and accept the grant is presented so moved. Second,.

A

All in favor aye, okay, um we had our mcintyre update, um there's a rail car safety update. I.

A

Know that uh councilman caught me in the break to ask me if we could have an update on this.

J

I was hoping that maybe we could request it one of our upcoming meetings for either a report back.

J

Verbally or written from our first responders regarding what the current plan is, so we can.

J

Make sure that we get that out to our residents so they for thoroughly understand. I know we've.

J

Had questions about why we can't know what's in the train cars, so you know it'd just be nice to.

J

Try to explain to everyone all at one place that you know if you have questions about this is our.

J

Plan these are you know, we can't know these things because of the laws it's under it'd just be nice.

J

If we put that all in a report and put that out for the residents, we could do that. Thank you and.

A

I know there is heightened awareness. uh Certainly that's happened in ohio and the statistics speak.

A

For themselves, uh difficult to get uh sometimes information, because there's not a whole lot that.

A

Rail operators and companies and railroads have to tell municipalities they did offer the when.

A

Asked uh asked myself what the speed limit was in ohio versus portsmouth and it was 40 miles.

A

An hour in ohio versus 10 miles an hour and so having as much information as possible on that.

A

Would be useful, and I know that that's always been somewhat of a a challenge. That's made situations.

A

That are stressful, a little more stressful because of the way that we get to operate in.

A

Terms of information sharing there, but will be a good opportunity and we will have something.

A

Next, you know we should, I always feel like we should put this under uh my uh my name. It's.

A

One of my favorite days, we celebrate it as a as a city holiday in the mccackrin family, and that is.

A

Household hazardous waste collection day, the the boys and gals at the dpw uh do a fantastic job.

A

It's sometimes really hot, uh but getting these chemicals, so you don't pour them down a sink or.

A

Put them, you know a place that they're gonna affect the bay they're down in your basement.

A

uh You know get in line they're going to pass that information on all the things that city.

A

Of portsmouth does in terms of protect uh water source and you get to see the inside of uh dpw and.

A

How it works, remember, no latex paint. That's got to be dried out with kitty litter and disposed of in.

A

A trash can, but this is a a good day and speaks to all the hard work. Bpw does councilor cook.

A

Thank you gunner. I think uh household hazardous waste collection day is a wonderful day as well.

Y

um I was hoping just to ask the city manager if it's possible for the city to just investigate.

Y

Possibilities around latex other options around lake tex paint disposal again to see if there.

Y

Are any better options? I think it can be a bit challenging for residents to dry out all their.

Y

Paint especially if they have a considerable amount of paint, and I would hate for anyone to.

Y

Make a decision to pour it potentially down the sink rather than to dry it out. Council morale.

A

Just because I've had this experience, we bought a house back in 2002. They had a lot of leftover.

J

Oil paint and you can actually buy hardener for them that you can put in and you leave them open.

J

And they harden in a couple of days to throw up so there is, there are things out there, yeah.

J

I can't remember what it's called it was so many years ago, but we had to get rid of a lot of things.

A

All right, I'm glad we share the enthusiasm in household houses.

A

Where's collection day and what's the date again.

A

uh Request uh for uh work session regarding the indoor sports, complex ice, rink right um I'll, be.

K

Quick with this mayor, there was, uh as you all recall, on march 6th, we had the presentation of.

K

The rec need study and following that presentation the council voted to schedule a work session and.

K

The best way we think to hold an informed work session would be to proceed first with an rfq.

K

Process which would identify a firm or firms interested in developing such a complex within.

K

The city or within the adjacent community served by our school district and then through that.

K

Process we would work with the appropriate firm to understand what we could bring to bear to that.

K

Work session and contemporaneous with all this, we have embarked upon a survey that is comprehensive.

K

Of the community campus parcel because there's been a lot of discussion about what can take.

K

Place there, so it would be, it would be appropriate for us to all have a handle on what can and cannot.

K

Be accommodated there, so those two will come together through this process and as soon as we.

K

um Work with and and decide upon a firm, we will be back to schedule the work session.

A

City manager, council, bluff, thank you, otter and thank you. City manager,.

H

um I know a lot of people on the rec board and the community they're excited um this process is still.

H

Continuing to move forward- and I think this um it will take your advice and um but I think this.

H

Is continue to move the project forward, so I don't want people to get frustrated, um because this will.

H

Say that it actually best way forward will happen right and I think, there's a recommendation to have.

K

A joint work session with the rec board and the council excellent we're ready to do so. Thank you.

A

Anything else under miscellaneous- oh council moreau- um I just wanted to mention since it's.

J

On my calendar for tomorrow, the first tuesday of every month for the remainder of the summer is.

J

A community meeting at the levinson room for the air show so anyone in the community that might be.

J

Interested in knowing what's going to be happening at their show, they do monthly updates at 4 p.m. The.

J

First, tuesday, so tomorrow at 4 pm, you will find me at the 11th and room and I hope other people.

J

Will be able to join us there and you'll be able to get freight from the people that are arranging.

J

The air show what is going to be happening. If you have questions or concerns or whatnot, then.

J

You are welcome to attend. I like the optimism for the rest of summer. You know until until it happens.

AA

There, oh uh councilor bagley, I think you're honor and this item will probably not be of interest to.

AA

Anyone, except for myself, but uh my mom played for uconn basketball in the 1960s and, uh as a result, I.

AA

Grew up a die-hard, uconn basketball fan of both the men and the women and the men are currently.

AA

Playing in the national championship game and as soon as the meeting is over, I'm gonna go watch.

AA

The rest of it- and I hope they win too badly uh council bluelock um I'd like to see today.

H

Portsmouth little league started and games started two weeks, so I hope everyone you see.

H

The kids playing on the local fields go, give your support, um but it's a great part of our community.

K

I have a quick update, your honor at the next meeting, which is april 17th. There will be student.

K

Government day um preview, where the counterparts to everyone on the dice and several department.

K

Heads will be present sitting with you all up on the dice. We will switch out our very comfy chairs.

K

For the smaller chairs, so so as to accommodate all these wonderful people- and um I just want to.

K

Give that that update. We have lots of interest. We have about 24 kids, who would like to participate.

A

For two counselor tabor that sparked another miscellaneous here registering the giving.

A

Noon tonight nobody wants to watch councilor, bagley's, yukon, okay, we're keeping him from.

AC

The game uh timeline for community power um april 11th will be our 45 days that are.

AC

Aggregation plan has been in front of the puc, so we hope to hear back on the 11th or 12th.

AC

City managers authorized to meet with the community power coalition that and that.

AC

Looks like will occur on the 12th or 13th to begin to procure electricity and then.

AC

um The community power coalition and we the city, will start to uh promote and do the.

AC

Public engagement around what's coming and the notification letters information letters should.

AC

In that scenario, go out as soon as early may and then you would be going live in june.

AC

So that's the timetable at this point. Thank you, councilor tabor next person. I would have.

A

Waited a moment or a motion to adjourn all in favor all right, good night, portsmouth.