City of Portsmouth, New Hampshire 2022 - 2024 City Council, 10 Feb 2022

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From YouTube: 2.10.2022 City Council Special Meeting

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2.10.2022 City Council Special Meeting

A

B

Thank you, everyone for coming to this special city council meeting. uh We have a.

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A bulletin first, the gavel has gone missing. This is a backup gavel, so there's not any.

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Thing to gavel it on um and uh councillor bagley uh sent me this earlier today, but colby stevenson.

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A portsmouth-born native uh won a silver medal in the olympics uh in freestyle skiing. That is pretty.

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Impressive, I'm sure we'll do more to celebrate that in the future, but that is some great news.

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um But not what we are here to talk about this evening. uh That's the mcintyre we'll go through.

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Roll call, then we're going to go to public comment. Nobody needed to sign up. uh We just ask you to.

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Come up after we get the roll call through and uh try to keep it to around uh three minutes.

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Mayor mckechern, here assistant mayor kelly here, councillor tabor here, councillor dungeon here.

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Councilman moreau here, councillor bagley here, council lombardi here councilli lock.

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Here, counselor cook here all present your honor all right, so um we're going to go through again.

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Residents first uh come speak into the mic, uh then we'll go through. If there's any zoom attendees.

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uh Three minutes um again, this is a meeting called to act upon legal advice but happy to hear and.

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Want to hear from the public! So if there's anyone with anything to say, please rise to the microphone.

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Evening, my name is roy helsel, 777 middle road unit, 22.

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I don't understand it if their partner to the city, why are they so dominant.

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They don't go along with what the citizens want for the mcguire mcintyre lot. We've had a great.

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How should I say drawing that when we went to the new developer and the guys put what.

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The citizens have asked, for we want open land, we want green space, we don't want big ugly buildings.

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My granddaughter just came after about six seven years. The visit she says boy.

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Place looks ugly and people look poor. She says hampton looks much nicer than this place.

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That's all, I have to say hope you make a good choice. Thank you. Roy.

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Sue paulidor 245 middle and I'm really not certain about the motivation of tonight's meeting. But I.

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Just wanted to come and let you know my point of view that if this is, if your motivation is to.

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Get rid of the lawsuit that is um planted right now by red gay kane. I have to tell you.

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That, if that happens, you're going to see other lawsuits is not going to be.

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The very last one, two kinds of two councils ago agreed to this contract by ignoring 700.

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Signatures from residents against it and they still went with their red gate, partnership.

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As a long time resident reports met, it is obvious to me that people are not behind who are not.

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Behind the development and not and have not been from the beginning, they wanted something on that.

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Location to benefit the entire city, not just a few people, thousands of hours went to seek out input.

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From residents is that now going to be discarded as though it never happened, and it doesn't matter.

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The city has already received a credible request of interest from developing the uh the concept.

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From the principal group what's going to happen to that and what was well broadcasted well, publicized.

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The developers said he can do it and on the other side you have the developer. Mr kane himself.

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Who is on record saying that the plan that the people came up with is unbuildable and cartoonish.

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Now this is, it was when the paper is on record everywhere, and it will come to question why.

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Our city council wants to partner with someone that considers that plan that the principal group.

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Came up with based on feedback from the resident sportsman to be unbuildable and cartoonish if it.

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Is unbuildable he can build it and if he can build it, why are you considering it so? The use of just.

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A few things that I'm just thinking about- and I really don't understand what this is all about, but.

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I look forward to see what the evening unfolds. Thank you. Thank you. Sue.

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F

Good evening my name is bill: binney, 35, wentworth, road and ryan. May I take my mask off or keep it on.

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Oh, we keep them on here and I just want to. Is there any any other? Any other words with.

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Residents, sorry, all right, I was going for it. Okay, um as many of you know, I've known many of you for.

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A great many years in some cases decades and I live and excuse me work right next to the.

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Mcintyre in the old city hall, I did not want to engage and provide a solution to the mcintyre.

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When it was originally proposed some number of years ago, because, frankly, I knew exactly what.

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Would happen and I've been sadly not disappointed because it is exactly what I thought would happen.

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And I think the process has been deeply flawed with the way it has been run and managed.

F

Now I did respond to the last rfp in december, which I thought was legally binding. I don't know.

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If it is we'll find out this evening, but the amazing thing is that I have received.

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Nothing nothing from the city of portsmouth as a result of my 75 page presentation,.

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Including financials dozens of hours of conversations, including with the principal.

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Group and the principles of the principal group studying the proposals that were before and after.

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Hiring architects, engineers site engineers having significant numbers of walks around the site.

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And to not even receive as so much as thank you, we have. Your proposal is disappointing. At least.

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Now, here's what I want to say to you guys: you have an option.

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I have built millions of square feet of space around the planet. This is an easy project for us.

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We have done award-winning projects with laconia concord, manchester and many other large cities.

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In new hampshire, all with city government, very much like this sort of proposal we're working on.

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And it's not that hard! It's been made very hard for lots of different reasons.

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But it doesn't need to be. We don't view this as a complicated project at all, as a renovation of a 70.

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000 square foot facility that has asbestos and hot materials in it we're very familiar with that, and.

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It's got a number of other issues, all of which are very manageable. For someone who has our experience.

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Among other things, we're a developer for amazon and we have built millions of square feet in.

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The us in the last five years, this is a small project for us internally, financed.

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And done at the lowest possible cost and just as importantly, what we've presented will make.

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It for next 75 years, because if you think about this whatever it is, you agree to do.

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It has to stand on its own two feet. I'm willing to do this because I'm almost 65.

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And it's one of the last projects I'm going to do with my career. That's why I'm willing.

F

To do it, you want me to obey that or stop uh please debate. Thank you. Thank you very much.

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Good evening, members of the city council, I'm justin richardson.

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I live at 586 woodbury avenue here in portsmouth. I participated in the portsmouth, listens process.

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That was overseen by the city over the last couple of years. I'm a water utility by back water utility.

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Lawyer by background, I've actually negotiated public-private partnerships for very large.

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Water systems worked with the folks that operate systems as large as, like the city.

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Of indianapolis cross-examine those that run the system in atlanta or at least used to.

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So I'm familiar with public private partnership concepts and I want you to to know that.

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Because I'm here to ask you not to go back to the development agreement that was negotiated.

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Several years ago, because it was, it was done wrong. um The basic.

G

Kind of best practices weren't followed and the result reflects that. It's not a great design.

G

It's boxy it's over built. I think you know anyone that goes to series bakery now. You know can see.

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What happens when you try to build too intensively? Where there's not enough workspace? You can't.

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Fit what you're trying to build there easily and I feel bad. I haven't gone to that bakery.

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In years after going there, you know almost every day for for a very long time decades.

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One of the key concepts is an agreed upon public design prepared by the city. That then, is exposed.

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To the market into bidders, so that everyone is on the same page and competing for the same goal and.

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Design objectives and that's what happened in this last process now I know this council has changed.

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There's probably disagreement with many of you with what the other council did.

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But I'd suggest that even a blind squirrel gets a nut. Is the saying that comes to my mind here.

G

I think they used the right process. The principal group was was very well um prepared in how they.

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Managed it and the result's a good one that the public agreed on. I mean all of the groups.

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That I put I heard from- and there were 23 of them- wanted more open space.

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The hundred the other thing that you see in the result of the development agreement, if.

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You go back to that a hundred thousand dollars. I did some research I'll hand it out for you. I'm.

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About to run out of time, so I'll do this after my belt goes off um forty five hundred square.

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Feet of office space behind market baskets produces the same revenue for one office.

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That you're going to get for rent from this 3.2.3 acre site with an existing building.

G

It's a really bad deal on a really bad design. What I'd suggest is stick with what you've got work.

G

Through the process and you'll come up with a much better result, thank you very much. Thank you. Justin.

H

Good evening rick bexted 1395 isn't in street. uh I wasn't necessarily going to speak tonight.

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um Depending on what was said, um reading the agenda and I guess receiving the vote.

H

I'm not sure what that accomplishes, I'm sure we hopefully are going to find out after public.

H

Comment is over and you uh take up the rest of the agenda. The way that I see it is we'll return to.

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November 17th and we're in a lawsuit that michael kane had gone and done after we had gone and.

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Basically not dissolved the relationship or the partnership, but we rejected the ground lease.

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Which is what enabled this lawsuit to begin with, and it was to basically start.

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Negotiations on something new, but to be able to write a lot of wrongs and writing wrongs.

H

To hear mr benny and I haven't seen mr benny since I sat on position nine on the previous council.

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That I sat on for two years um to be told that no one from the city had even reached out to a.

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Man that put the time and energy into something is disheartening, almost as disheartening as I had to.

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Apologize to 600 residents that signed a petition that was vaguely ignored by eight other counselors.

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Again on a previous council, it just seemed that we're going backwards when we need to go forward.

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We've all got to remember and counselor taber and mayor mckecher know this big.

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Brother is now watching. We did extremely well this committee, this commission, that we did two years.

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For two years did some outstanding work. We have. We have a public that had is.

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Energized over a new project, we fixed a process. We have approvals, tentative approvals for the.

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National park service on a design, our previous partner, that is still not our partner today,.

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Couldn't even pull that off, we did as a council as a committee as a city, we work together.

H

I don't understand why we're bowing to threat of litigation, you have 12 people and one of them.

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Is here tonight I see that is threatening to sue the city over something illegal. It was no illegal.

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Action it was told that it was a violation of the right to know the leader of this group really.

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Knows what the violation of right to know is he himself partook in the commission on the previous.

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Council, which met for the better part of 18 months and never shared when the the meetings were no.

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Minutes were ever taken and it wasn't within three months of his re-election. Did he then go.

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Start the process the group did as far as noticing the meetings and taking minutes. So this other.

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Litigation is nonsense, is unprovable and not is a waste of people's time. I wouldn't even entertain.

H

It you can't entertain every lawsuit that comes through I'm sorry, um you got to have some guts.

H

And you've got to be able to move forward and see what's right for the city. Thank you. Thank you. Rick.

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Peter huda, 280 south street portsmouth, first of all good evening, mayor and city council.

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I'd like to thank you for this opportunity to finally address the mcintyre in public.

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Without being filtered, first question is basically a statement and a question.

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This contract was terminated by notice of november 26th 78 days ago. Please explain.

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How this motion will affect the termination of the contract 76 days after it happened.

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Per contract law- and most of these are going to be addressed to you, mr sullivan.

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My next question is for the benefit of the residents and the taxpayers. What legal.

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Justification was given to the council for taking this action that we're here tonight to discuss.

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I ask you bob to just to cite your sources and what it is based on. As I see a conflict.

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With robert's rules, section 37 in that to rescind something that was already done.

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And it affected another person, and I will read you the the whole writing here.

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This is an exemption against the rescinding rules. Basically, it says votes cannot be rescinded after.

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Something has been done as a result of that vote, and the assembly cannot undo it.

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To terminate a contract is basically undoable, especially 76 days after it happened or where it.

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Is in the nature of a contract and the other party has been informed that happened on november 26th.

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That's my question and I would like to hear the sullivan twist on that one.

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The next thing I'd like to do is actually give you a.

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A summary of why I voted for what what I did on november 18th.

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In contrast to what's been stated, all over the place by certain counselors and everybody else,.

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My decision was based on the facts to terminate the red gay cane contract.

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My decision was based on the original contract, the ground lease, the nps rejection and the quotes.

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From mr kane that just kept on coming, the first thing, I'd like to note is the letter.

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We received from mr kane mr kane's attorney before we even took office.

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Threatening us second second happening cain filed a lawsuit against us just just after we voted to.

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Get rid of the ground lease did not. That was never voted and ratified by the council.

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Then it started with the with the lawsuits and the quotes.

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After we, after we uh went through the all the other stuff, are you gonna? Let me finish or do.

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I have to cut it off how much more time do you have? uh Basically, I just want to go through.

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What the rationale is and and ask the council if they really want to do business with this.

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Type of partner I'm going to have to ask you to stop okay. Thank you digitally with us.

J

Hey I'm uh good evening, counselors mayor mchecker and city manager.

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I'm doug roberts 247 richards avenue. I am one of 13 plaintiffs who filed the right to know.

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Suit in superior court asking you asking it to invalidate the november 18th meeting.

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Which a five-member majority of the council voted to terminate the city's contract for the.

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Redevelopment of the mcintyre building- I'm here tonight with a number of other people.

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Who were on this, including barbara sadek, byron, maddow, patrick ellis and effie mali.

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We filed the suit because we felt that the way the november 18th meeting was conducted was improper.

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And a violation of the public trust the vote to terminate the agreement.

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Was an extremely important decision, yet it was done without notice to the public.

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Or even all counselors, our goal from the beginning is to emphasize the importance.

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Of good governance and the importance of following the rules, new hampshire in new hampshire, rsa, 91a.

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The right to no law establishes minimum standards for public access to meetings and documents.

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In the plain language of the law, if the charter of any city or town or guidelines or rules.

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Of order of any public body require broader public access to official meetings.

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And records and hear and describe such charter provisions or guidelines or rules of order.

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Shall take precedence over the right to know? Law portsmouth course has rule 2, which says.

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Counselors need to be notified directly of the special meeting and only matters set forth in the.

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Notice of the meeting shall be discussed or acted upon. The notice for november 18th was obviously.

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Deficient in that it did not include basically anything that happened at that meeting.

J

We support the right, the move tonight to rescind the november 18th meeting, although we are not.

J

Here to defend or support gate kane like most residents, we generally, we are generally okay.

J

With the plan developed with the principal group, though important details have yet to be worked out.

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We believe that this council, if it does decide to rescind the november 18th vote and months from now,.

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It turns out that it too cannot work with red gate, kane the option to go in a different direction.

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Will remain and the city will be on firmer legal ground. That said, we hope the council tonight will.

J

Recognize that the meeting on november 18th was not good government, we can disagree on the issues.

J

But we need to agree on the rules. I only have a tiny bit left. Thank you doug. I appreciate it.

B

I've cut everybody else off, so I'm going to have to ask you all right. Well, we support the way the.

J

Council is going and we hope that you'll come up with good rules. Thank you, doug all right. Thank you.

B

Hey guys, let's.

B

We're asking people to come up and speak for three minutes. I've tried to keep to that. If.

B

We could please be respectful, as other folks are speaking. I would very much appreciate that.

B

Good to see you peter yeah good to see you uh mayor, mcearon, uh councillor tabor was sat.

K

On the mcat committee, you all know that I spent thousands of hours working that.

K

And um we had over 50 meetings. So just a couple things on the meeting that took place on 11.

K

18, where we took the vote to uh essentially uh terminate the agreement with reggae kane.

K

The meeting was duly noticed, nothing, illegal or criminal about it, except if you read about it on.

K

Facebook, the motion was proper. The vote was legal. The city attorney knew that I was going to make.

K

That motion at two o'clock that afternoon there were two non-public meetings weeks before that.

K

The entire council kind of knew what was going on- I'm not going to get into that, because that was a.

K

Non-Public, so why did we do it? We terminated the development agreement which was in place.

K

That's what we did. We returned the 400 000 deposit to red gate. Kane. We properly noticed.

K

The termination by from attorney conley to reggae kane formal letter, was sent.

K

And an rfp was developed to develop a new plan to go forward, so the thought was we were going to.

K

Continue our legal action against red gay kane and go with a new development partner.

K

And build the people's plan, that's what we were going to do, and why did we do it.

K

We did it to protect the residents and it was the right thing to do uh any sane.

K

Person looking at the facts over two years that I did would make that same decision redgate kane.

K

Acted in bad faith over two years, launching a lawsuit three weeks prior to the election.

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Bashing belittling the people's plan, calling in the question that cities.

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And its residents hard worked that worked on the principle plan.

K

That I spent thousands of hours working with a principal group to try to get through in.

K

The city: this is not someone you want to partner with, for the next 75 years,.

K

My experience over the years as a turnaround guy for corporate and union and financial problems.

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Tells me that when a partnership is toxic and there is bad faith dealing after trying.

K

Everything it's time to move on and that's what we did with redgate kane. The city has moved on.

K

We have a new plan through the principal group and that's something that we've got to work toward.

K

The regis the residents are watching this council outsourcing. This decision to the.

K

City manager is a wrong decision. You represent the residents of portsmouth.

K

You need to be involved and be strong in this. We need to move forward with the people's plan.

K

And jettison red gay kane that needs to happen immediately.

K

I would urge you not to reverse the council's decision continue the path. Thank you. Thank you.

L

uh Good evening uh council, honorable mayor city manager and staff, um byron, maddow, 17 fields, road.

L

um As much as I've enjoyed seeing you in the months of september and october last year, I.

L

Haven't minded the minor slowdown in my civic life, I'm here tonight, first and foremost to support.

L

This council and the proposed motion to resend the vote taken on november 18th of last year.

L

As I understand it, the mayor has said this action is at the advices council. It seems reasonable to.

L

Me and I'm sure the process trying to negotiate current litigation would benefit from such action.

L

The point I'm here to press on, however, is centered squarely on good governance.

L

The november 8th vote to terminate the development agreement was not on the agenda of the special.

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Meeting council called by mayor beckstead. In fact, the only thing on the agenda was that the.

L

Council would seek to have non-public with redgate kane. This is incongruent with the council rules.

L

Adopted by the same counselor earlier in that year, this is unacceptable, regardless of the subject.

L

And even more so considering the great consequences of that particular action.

L

As a co-complainant, along with mr roberts, my motivation is to draw attention to.

L

And assure that governing bodies act in good faith and follow the rules they themselves agree to.

L

As it stands today, the new hampshire superior code is the only mechanism a citizen has to.

L

Hold account those who have not executed in good faith, the rules of transparent governance.

L

This, I believe, is too high a burden that is, we should aim to have more mechanisms at the local.

L

Level to prevent elected officials from taking actions without proper notice. My hope is that.

L

The newly formed governance committee, headed by councillor cook, will look at this specific.

L

Case as a data point, can we amend the charter to prevent councils for taking action that are not.

L

Specified in meetings agenda, what else can we do? I am not here in any way wanting to help or assist.

L

Redgate kane any assertion that our filing is for that person fails basic scrutiny. Those who make.

L

The claim either misunderstand intent or willfully betray the public discourse. I would just like to.

L

Say I get lunch at series more times a week than is probably healthy, and it's still delicious.

L

I'd like to thank the mayor and this council for considering this action tonight.

L

And I hope they follow through. Thank you and it's good to see you all on that side of the bench.

B

Guys if we could keep the clapping down, I appreciate that. There's points that we.

B

Agree with, but we're focused on listening and I'd appreciate if we could hold the clapping.

B

To the end, hello, counselors, my name is jeffrey cooper. I live at 227 park street in portsmouth.

M

I read the newspaper today and the headlines said that the council was about to reunite.

M

With reggae cain, I was rather surprised by that. I'm hoping that that's an overstatement of.

M

What's really, this is about went on to read that this was about rescinding the november.

M

18Th decision, which, frankly, when I read about it on november 19th, I was actually myself.

M

Quite surprised because it was done in a lame duck session and a five to four vote. And I personally.

M

Didn't think that that was appropriate, I really felt that it really should have been left to this.

M

Council to handle that, so I this is kind of what other people have been saying. I want to focus on.

M

To what to me is the real question is whether or not reggae kane is willing to build what the.

M

Citizens of portsmouth really want to happen there, or whether reggae kane is going to continue his.

M

Efforts to try and force the city to build the his project, which is approved by the 2019 council. But.

M

Rejected by the national park service and everything that I've seen, the tea leaves.

M

Indicates to me that that still is his goal to force the city to approve and build his project.

M

And I think that's really an unfortunate situation so regarding the um motion to.

M

Rescind the november 18th meeting- I don't know about you, know I'm hearing a lot about the.

M

Technicalities of whether the meeting was legal appropriate this or that or whatever you may have.

M

Legalistic reasons why you need to rescind that if you decide to do that, I respect that, uh but.

M

Seeing as how I don't really see any indication that kane is willing to build what the city is.

M

The citizens want to happen. um I, as I said at the beginning, I was shocked to see that it was.

M

A lame duck session that that fired him. I really felt that firing really should have fallen to you.

M

That, if you rescind the november 18th meeting, which I understand, may be necessary.

M

That, unless we have some sort of thing, indication from kane that he's willing to build what the city.

M

And the citizens want to be built there, then it's incumbent on you to also fire him yourselves.

M

After that and terminate that relation, because everything I've seen in the entire relation with.

M

Kane has been completely dysfunctional, the fact that he's suing the city, how you can.

M

Could possibly consider our development partner with somebody who's suing us? You know, I mean.

M

Those are the suits that need to be dropped. I mean the suit from these people over here.

M

Is seems to me rather a nuisance kind of a suit. The real problem is with.

M

Kane not with the people here. Thank you for your attention. Thank you. So.

B

Much good evening ken goldman 271 islington street. um I was really confused by what I heard from a.

K

Lot of people earlier this evening, I um I didn't think we were here to discuss whether reggae.

K

Kane's ideas for mcintyre or the right ideas or wrong ideas. I thought the reason we were here was.

K

To decide whether or not the meeting on november 18th was appropriate and whether or not it should.

K

Be rescinded whether what red gate kane wants to do for the mcintyre and how the city wants to.

K

Work with them, I think, is a is a separate, related issue, so you know I would like to just say that.

K

I hope that we stay focused on the real reason. Why we're here at least what I think it is and.

K

Just focus on whether or not that meeting should be rescinded, and that's really why we're here.

K

Once that decision is made, then uh you folks can go ahead and figure out the right way to.

K

Handle mcintyre, but, and I expect that you will, but uh thank you very much. Thank you again.

N

Good evening bill downey 67 bow street. I would agree with the good gentleman. I think. That's.

N

True, however, if you look at the agenda, it also mentions so both square as well as doug roberts.

N

So it does to be more it's more expansive than just that. I'm pretty confused now mayor. Maybe you.

N

Could guide us and inform us your city manager, mr sullivan, I would ask this: do we have the.

N

Same current council that you referred to on the decision base for this, as we did on november 18th.

N

Have there been any additions or subtractions or loss of faculties since that day, because what I'm.

N

Confused about is how did the same legal counsel, which authorized the actions of november 18th.

N

Get us to tonight so, mr sullivan, I guess that question goes to you is the attorney.

N

Or mr connolly, because unless someone fell on the slippery ice and lost some faculties.

N

It doesn't add up. Okay, that's the first thing. The second thing is, I would agree with mr benny that.

N

I read the contracts. I read all mr falbey's comments from boston.

N

Now the extension from january 20 or 30th to the 28th of february in rockingham county.

N

Makes sense because he couldn't attend and it says explicitly that the city may not engage.

N

In a potential developer, it did not limit it to acknowledgement. We didn't have any.

N

Acknowledgement as far as the correspondence to mr benny and his team- and I think that is poor form.

N

And as a citizen, I would ask you to reconsider that in the future now, based on that, I agree.

N

That we're not getting into red gate king at this point, but I did want to share with you this. We had.

N

The benefit, as you know, of legal counsel, under paul mcecron and boy. Do I miss him these days.

N

He was our north star and I reflexively have wanted to call him so many times. Last two weeks.

N

So I took the time to read every position paper he had as well as the representative, redgate kang.

N

And we can go back and forth, but I think this summarizes his position on the whole thing. Keep in.

N

Mind the application period terminated september, 7th of 2019, that was in the development agreement.

N

Anything that came after that is is pretty much a jump ball, even though we have the interim.

N

Agreement, but this will be my final comment- it is important to note that the failure to.

N

Vote or agree on a form of a ground lease by the city council does not create a default situation.

N

As the opposition claims, but is simply a failure to reach an agreement in the development agreement.

N

If the parties are unable to reach agreement on the ground lease prior to the application, then the.

N

Parties may terminate this agreement, so there is no great exposure and I believe, at this juncture.

N

It's a jump ball legally, but I think the herald has done his disservice by exploiting it and.

N

Overstating the position, so I hope you take that in consideration. Thank you. Thank you. Bill.

A

Esther kennedy, 41 pickering, half.

A

On the 18th, I know the mayor and all of us, we have emails and we could stand here and.

A

Do proof that that meeting was felt to be set up appropriately by the city.

A

That night, after our vote, I said I gave the next council a gift.

A

And I got taken wrongly in the paper and that's okay, but we did. It had not been nothing but two.

A

Years of threat of lawsuit, now mr king has sued the city multiple times, so that's not abnormal.

A

But the one thing we knew is the people's plan needed to be built in order to deal.

A

With that people's plan, we needed to stop the agreement and the contract, which is what we did.

A

um We can't we've asked to have the non-public meeting. We voted to have the non-public meetings.

A

Opened because if they were open, the last one did stay open and I can share with you that I shared.

A

Everything that I was going to say on the 18th in that meeting.

A

And other people shared a lot of information too. We got fights and kickbacks from certain.

A

Counselors because they didn't want what was said in those non-publics to become public.

A

What I'm coming forward tonight is: you have a contract that was.

A

No longer involved and is no longer valid, the contract was terminated. You.

A

Were going to have to make a new contract, no matter how you look at it with mr kane.

A

And you are going to have to decide if you were going to make this contract with this particular.

A

Developer the contract was determinated and rfp went out. The city accepted that rfp.

A

The city, management and city attorney put that rfp out to the public. Mr benny applied.

A

Kathleen called up applied, we had people apply to an rfp that was put out by our city.

A

You have to ask yourself, I can tell you on the 18th. We didn't do anything wrong.

A

And we'll deal with that in superior court, but you do have to ask yourself about that contract.

A

And what are you going to put in the contract for mr benny or mr kane.

A

What are you going to make that contract like, and are you going to include.

A

The people's choice, that's the question this council has tonight. Thank you. Thank you. Esther.

O

At bagley 213 pleasant street.

O

I think when you listen to the speakers, you do focus on the idea that the lawsuits focus on did.

O

You did the prior council appropriate, call and conduct a meeting, as has been cited here tonight,.

O

And others have cited their opinion of the law. I certainly don't have an opinion in that regard.

O

What I have been involved in in numeral situations, where you have to take a vote both.

O

In serving in what sky, with legal implications here for the city of portsmouth, as well as for.

O

Rockingham county and typically when you're in a situation such as we were at that time,.

O

And a vote is called and the vote is five to four if at that time, councilor mccarran who's now mayor.

O

And councillor tabor, who is there? Typically you don't vote? You don't vote negatively because.

O

What you're, trying to say is you're against it. That's different than saying I disagree with the.

O

Councilor sullivan that this meeting was called so I would ask miss the mayor.

O

And mr tabor, why they didn't recuse himself from the meeting and make the point.

O

To the city attorney and the city manager at that time that they weren't going to vote on.

O

The issue because they didn't feel the meeting was appropriately called and was appropriately.

O

Conducted so you have to ask yourself: why did the mayor and the councilor tavor change their minds.

O

We talk about the bex at 5, but we never talk about the blaylock 8.

O

I've lived in this city now going on 15 years. This is a sad day because you're.

O

Being for reasons that you won't explain to us, this is right up there with the weber case.

O

Which we still don't have the facts attorney celibate on, because you hide behind lawsuits.

B

Thank you, dick.

P

Patricia bagley 213 pleasant street um I'm glad bill downey is confused because I thought I was.

P

The only one about the only thing that hasn't been confusing in the last two years was the vote taken.

P

In november that you want to rescind, it was the only thing that made sense after two years of.

P

Trying to develop a property with a developer who doesn't want to develop what we want. We've.

P

Built many houses too many houses over the years. And if we had a plan to build a house and our.

P

Contractor said, I don't want to build that. I want to build my design. We would get a new contractor.

P

And we've been putting up with this for two years: he didn't want to build what we wanted. He wanted.

P

To build what he wanted, the council took a vote. I don't see anything illegal about it, it was. It was.

P

A meeting that was noted noted to the public, so counselors are not allowed.

P

To make a motion and vote on it, are you voting on this motion tonight to rescind.

P

I mean that's the other part of my confusion. Are we just talking to air? I know you're listening, but.

P

Has your mind already been made up when you came tonight, because this is a special meeting.

P

That you called to consider this, so are you voting this to rescind the previous vote.

P

Because what else is at stake right now, which doug roberts refer to as a violation of trust, is.

P

Exactly that the violation of trust falls on this council. If you rescind the previous council's vote,.

P

It says as much about you as it does about them. Thank you. Thank you. Patricia.

C

How's it going uh chuck ray 21, wallace road, maple, haven, portsmouth,.

C

I'd just like to say, um since this meeting was called to help, uh get us out from under.

F

The cloud of the lawsuit and enable you to move forward, thank you, and I hope this allows you to.

F

Move forward in an appropriate way from here on out, so thank you. Thank you. Chuck.

B

Do have one hand on zoom and oh.

B

Looks like paige trace is approaching the microphone.

D

Mayor mcecron, ladies and gentlemen of the council, paige trace 27 hancock street.

D

I stand before you tonight. It's been suggested that you've already made up your minds.

D

That's something that only you can decide. We've heard some pretty eloquent people speaking tonight.

D

One thing I do know is that I was once in counselor cook's seat.

D

Not too long ago, I was on the council of nine who supposedly called an illegal meeting.

D

Now I'm one of I was one of nine. The mayor called a special meeting just like this one.

D

And as a city counselor, I showed up just like all of you. Do every meeting.

D

Because we all whether it was us or whether it's you or the council of as they say, the blaylock 8.

D

We work for the residents, we worked for the residents, so you show up.

D

And when the mayor says be there you are so. I showed up as one of nine.

D

And it was a dually noticed meeting.

D

Attorney sullivan, you had plenty of time, sir, with all due respect to tell us, it wasn't.

D

We showed up counselor whalen, made a motion. He asked the mayor. I remember it specifically.

D

If the mayor would entertain the motion- and the mayor said yes, that is the mayor's job.

D

And counselor whalen proceeded to make his motion and I listened intently. It was the first time I'd.

D

Heard that motion, but I paid attention and I felt it was worth seconding it. So I did.

D

But it was a dually noticed, meaning.

D

It was a dually made motion by a sitting, city counselor and I seconded it, and we voted.

D

We, the members of that council and we worked for the same residents, that you do.

D

So I am here to say to all of you.

D

I can't tell you how to vote your conscience, but I can remind you that you work for all of us now.

D

Just as we work for you and I would thank you to go on and go forth and me and attorney sullivan.

D

Sir and city manager canard, you both had plenty of time to tell us. It was an illegal meeting.

D

Or an illegal motion or an illegal vote.

D

And none of that was true. Thank you, so I thank you. Thank you. Thank you mayor. It's great to see you.

B

If there are no other.

B

Speakers in the room.

B

You don't have to you, don't have to speak, but I do want to get through all.

B

The public speakers before uh hi, my name, is mike oakes and I live at 315 little harbor road.

G

And I've lived in this city all my life, and I think that this is really a shame.

G

Of what's going on, um I think kane is the wrong person. So I the vote, I think, was the right thing.

G

To do to get rid of him, because if all he does is every time something doesn't go right for him.

G

He's into the litigation thing with any business, you can always lose money. That's his gamble.

G

If it didn't work out, so be it you know, but we shouldn't have to pay for that.

G

And I don't understand how we can even sue the city over something like that. um You know, but.

G

I just like right now, if the city of portsmouth wasn't able to get this property, I think that.

G

Would be the best thing because then who's he going to steal, then the national park service. I.

G

Don't know I just I know you guys have a hard job, but I just think it's wrong. Thank you very much.

B

Okay, we have one hand on zoom, kate, hayden. Please go ahead and give us your name and address.

C

Hello, my name is kate hayden, one ash street in portsmouth.

C

I just wanted to say thank you to this council for trying to manage and lead our city with respect.

C

Maturity value for experts and collaboration, there's, obviously, a lot of work to be done.

C

To course, correct for the menu rash and the responsible decisions of the past council.

C

So I just wanted to say that I fully support this council to make informed and responsible.

C

Decisions regarding the november 18th vote. Thank you. Thank you. Kate,.

B

Okay, with that, I am.

B

Gonna move on to the motion and.

B

I just wanna, I should have probably said more uh at the beginning.

B

First uh and will allow attorney sullivan to speak. I know there were some specific legal questions.

B

Around that, why I didn't why I'm not calling this meeting is to is to really dig into the.

B

Legality of the previous meeting on the november 18th, um I am also not calling this meeting.

B

To, as was the headline, I can't pick the headlines in the press of uh reuniting uh with.

B

uh Mr kane and silvo square. I called this meeting because, upon advice from council, our best path.

B

Forward to best position the city legally was to rescind how we terminated the contract.

B

That is it, and so, while I appreciate there was a lot of passionate discussion on.

B

The future with sobo square or the notice of the meeting. That is not why we are here tonight.

B

We are here because our attorney in this matter suggested that this was the way that we would.

B

Best position the city of portsmouth going forward so I'll await the motion as written.

B

Councilman, ah mr mayor, I would make a motion that we move.

A

That all actions taken by the city council at its meeting on november 18.

A

2021, including, but not limited, to termination of the development agreement between red date.

A

Kane doing business as sober square llc in the city and hereby rescinded. Second.

B

Could I ask the attorney to to answer some of the questions and better define the legal.

B

Advice that we received before this before any other discussion I'll do what I can your honor.

Q

I think it's important for the citizens of the city to understand that.

Q

The city itself is in a extremely complicated and very high-stakes litigation situation.

Q

In an action brought by reggae kane seeking millions of dollars um a lot of different things,.

Q

Have occurred, much of it was discussed tonight which have created a complex and interlocking.

Q

Set of developments.

Q

Which leave the city.

Q

Exposed to that case, we now have a second case against the city, which.

Q

Does have the effect whether intended or not, of assisting the reggae cane action against the city.

Q

The council that you have in front of you now is going to be called upon to make a series.

Q

Of difficult decisions to try to deal with that situation.

Q

What we're asking tonight with this motion, which, as you heard, is recommended strongly by council.

Q

Not only by myself but by outside counsel, michael conley, the hinckley allen law firm.

Q

What this motion represents is just one.

Q

Tiny little baby step to try to find the pathway out of the situation that we are all in.

Q

It is not intended to lead to any final result. It is just the next step.

Q

Your counselors have the benefit of having had a very lengthy, non-public discussion.

Q

Of this complicated situation with attorney conley and myself,.

Q

Unfortunately, we cannot share the everything that got said in that conversation with the citizens.

Q

At large, because to do so would share those very same things with the people who are suing us and.

Q

If I can analogize to a chess game as the council determines what moves it will make to move forward,.

Q

It would obviously not be a good idea, as it would not be a good idea in a chess came.

Q

If the council were to tell the opposition tonight, for example, why it is going to do.

Q

What it's going to do and what its next step will be. These steps have to be worked out one at a time.

Q

And that's what we're trying to do tonight, just a very small one.

Q

Depending upon what happens tonight, then there'll be other steps to be determined.

Q

You have to trust your city council that they will approach them approach these intelligently.

Q

As they are approaching this one, as the past council approached issues, I I worked.

Q

Every single one of those meetings, the former council of whaler whalen, mentioned of the mcintyre.

Q

Subcommittee, I thought the mcintyre subcommittee did a fantastic job. It is their work that has.

Q

Produced the community plan that the citizens seem to like so much better than the original plan.

Q

And that certainly makes the community pan plan a goal, but to reach the goal you have to take.

Q

Those many steps of which we're asking for one on that long and winding path that we haven't.

Q

Even determined yet- and this is our thinking behind the motion that attorney conley and I.

Q

I suggest are suggesting are recommending strongly recommending be passed tonight uh by this council.

Q

There was a great deal of wisdom that came from the public comment session tonight.

Q

I am sure that the council listened to it. I did I agreed with a tremendous amount of what got said.

Q

And we're going to try to take the good things that god said and in make this.

Q

Problem come out in such a way that what the people of the city want to be accomplished will.

Q

Be accomplished, but we need to start somewhere and I'm recommending attorney congress recommending.

Q

We start by the passage of this motion.

B

Councilman and counselor tabor, um and I know attorney sullivan, will definitely shut me down.

A

If I say something I'm not supposed to, but I just want everyone to understand that our by.

A

Our voter or decision, whatever decision that we make tonight, has in no way dictated what will.

A

Get built on that property and honestly, one doesn't have a direct link even to the other.

A

We're just looking for the pathway forward as he's spoken about- and this is what we see is.

A

The most reasonable pathway forward to make sure that the citizens get what they deserve. That's all.

B

Counselor tabor, then counselor dutton thanks your honor. um It's been good to hear from all of you.

R

It's helped each of us, and I know it's helped me.

R

Reflect on my vote tonight and and check all my assumptions and and do my own gut check.

R

I do think that we should vote to rescind first, I think, the meeting of the 18th. It wasn't.

R

Such a problem for those of us who were not in the majority, it was a problem for the public.

R

um I said at the time how is the public to know that this motion was going to be voted tonight.

R

And there wasn't any packet, there wasn't any warning and that's what the open meeting.

R

Laws are all about, so I don't think it was good process and I don't think that that's.

R

A good thing to do, and also.

R

The majority voted not to hear from legal counsel, so not good process, potentially.

R

Very costly for the city and in some ways not a very defensible case for the city.

R

I also support this step because it removes an impediment to what was a long process.

R

That we did as the mcintyre subcommittee, we had a survey that showed the developer. The community.

R

Wanted something with more public benefit and less mass on bow street and it set.

R

Priorities around that and then we had study circles with hundreds of people.

R

That derived the people's plan with the principal group and then the city won consideration from.

R

The park service for things that had not been achieved before, particularly over the post office.

R

Wing which in turn would allow less density on postery. We never got to finish the process to see.

R

If the community plan is feasible and if so, how do we do it? That's the ultimate unanswered question.

R

I say: let's answer that if we can find a way forward that ends the lawsuit, if we can't.

R

We pursue other options, let's keep the main thing. The main thing.

R

Which is to get something built on the site that the community will use and enjoy, and I think.

R

This step removes an obstacle to that and that's why I support it. Counselor denton.

C

Thank you, your honor. I simply want to highlight something that both mr bill downey, mr jeffrey.

C

Cooper said that the contract, which was terminated back in november, had a clause in.

C

It which gave the city a way out of that contract by rescinding that vote, there's still a way out.

C

In that contract, if we can't come to an agreement with mr kane on something that.

C

Resembles the people's plan, which is abundantly clear that lots of people support. Thank you.

B

Council blaylock, then uh councillor bagley. um Thank you. Your honor.

S

um I appreciate everyone coming here to speak tonight. I appreciate everyone that.

S

Cares about portsmouth, really! um That's! Why we're all here! That's why you're all here.

S

It's an honor to serve this town, it's an honor. um The reason why we're here tonight is to.

S

Right some wrongs. I was a member of the public here november 18th that meeting I had read the.

S

Agenda it said it was anticipated. It would go to a non-public session. I proceeded to.

S

Call to see if I should even go because I'm like, if they're going to go to non-public.

S

Session, I'm probably going to go they're going to go to a public session. I'm wasting my time.

S

That was very misleading to the public tonight. We have informed you that we have public comment.

S

We've announced the meeting several days before there's listed public comment. I believe that is.

S

A little more genuine and less just in general, a little more information for the public.

S

We want to do good governance, we do not. We want to make all decisions.

S

While we're sitting here, I when I sit down in this chair, I do not know how I'm going to vote.

S

On anything, I have ideas, but I'm ready to listen to the public. I'm ready to listen to my fellow.

S

Counselors somebody listen to mayor our legal counsel, so I don't know until that vote is taken.

S

um But tonight we're here to move forward and do what's right for the city. um I think that meeting.

S

On november, 18th was a violation of trust. I was not properly noticed tonight. We were trying to do.

S

The right thing properly noticed and get back to work. Thank you, councillor. Bagley uh thank.

T

You your honor, um so I I actually didn't come to this meeting. My sister had a a routine procedure.

T

At the hospital the next morning, so I drove down um to spend the night there and you know.

T

I I think it's maybe it could have been noticed better, but it's really incumbent on me as a.

T

Citizen to participate, if I think something important is going to come up so well. I agree.

T

um There could have been a better job noticing it it's. It's probably 50 my fault for not showing up.

T

To speak to it, so I'm not so concerned with with how the meeting was or wasn't noticed.

T

um And I'm not so concerned with the vote in particular. uh What I am concerned with is I'm.

T

Not a representative of the city and my thoughts have to take a a back seat and we're faced with.

T

um You know some significant, as attorney sullivan, said, a legal situation and.

T

You know some of you know me and you probably know I'm not a lawyer, so in a significant legal.

T

Situation, I think the smart thing for me to do is to listen to the advice of our inside counsel.

T

And our highly qualified outside counsel and in this particular case.

T

I really wish I could share with you what they said in the meeting, but that's not apparently how.

T

It works and I think the chess game analogy was pretty good on explaining why that is.

T

uh Still wish I could share, I'm I'm probably an overshare, um I'm not a lawyer.

T

We're facing significant legal issues: I've got advice from a very good city attorney and.

T

A very good outside counsel, on what I should do, and I appreciate everyone speaking tonight.

T

And and perhaps my um opinion could have been swayed to to not vote on.

T

The recommendations of the legal advice I've received, but I haven't heard anything that.

T

Tells me that the the people speaking tonight, uh who don't know the case as well as the legal.

T

Experts that spoke to me and non-public do have a a better um set of advice for me. So I'm gonna.

T

Vote along with this motion, um I'm disappointed that uh we have to move so quickly on this, but you.

T

Know the schedule is what the schedule is. There's a lot of things in the city. I'd rather be focused.

T

On than this particular item, but legal advice is that we have to do it and- and we have to do.

T

It sooner rather than later so here we all are tonight. Thank you, uh councillor, robarti, yes,.

O

I was I've, been thinking about um just the council in general and one of the things.

O

I've considered is that people talk about the old council people talk about the new council. I don't.

O

Believe, that's true, I think. There's one council there's there's been a council for with hundreds.

O

Of people that have participated contributed their their time and wisdom to this council.

O

And I am honored and really humbled to be part of that. And I listen very carefully to the.

O

Citizens who have spoken- and I've listened very carefully to the legal counsel that we've received.

O

I want to see something good at mcintyre and.

O

I think that the the projects that have been developed.

O

That are more to the residents liking are are superior. What um and I listen to council who says.

O

This is a step to get there, so I'm going to vote for this as well assistant mayor.

B

Thank you, mr mayor. I want to make it clear that my goal here on councils to make sure that the.

L

Citizens all citizens are represented, but to understand that all citizens have different.

L

Opinions my goal is not to invalidate the hard work of the subcommittee of the last council.

L

Or the opinions of the 600 plus citizens that um put in all the time and effort in the people's.

L

Plan, nor is it to invalidate all of the people from 2017 to 2019 who worked on the original plan.

L

My vote will not guarantee that red gate kane wins a contract with the city. I do promise that I will.

L

Make sure that we can build a plan that is good for all.

L

But we need to take steps forward and we cannot take step forward if we are constantly tied down.

L

In litigation with this project, I understand that not everyone in this room.

L

Has the same opinion, but we all love our community. We all need to trust that we can move together.

L

We can move forward together and we need to move forward together and I personally think.

L

And I will be supporting this motion that this is the best foot forward at this point in time.

B

Dr cook, thank you mayor. um I'm here tonight simply to act on advice from legal counsel on the best.

C

Path forward at this point um that we, of course have a long history with this project as a council.

C

Not just this council, the prior council, the council, before I think that everyone on.

C

The council is always trying to act in the best interest of the city and in this case,.

C

I'm supporting this action, because this is the path that our legal counsel has advised us to take.

C

And it's just one more step that we need to take to eventually have a project built.

C

At the mcintyre site, so I will support it. I thank you all for your comments. I wrote down.

C

Notes on what everyone said here tonight, it's wonderful to hear.

C

From all residents of the city, it's wonderful to know where you stand.

C

Because we have a lot of difficult decisions ahead of us with regard to this project, and I for one.

C

Will always listen to what you have to say and weigh those those comments when moving forward.

B

B

I appreciate that everyone came out tonight. I I truly do I appreciate that.

B

Everyone was civil tonight, it's.

B

Difficult, I think, to hear uh for me about a lack of trust.

B

We have to earn your trust.

B

We are not here to represent uh one group over another we're here to represent the city of.

B

Portsmouth, I love all of you because I love this town. I love that you've shown up tonight.

B

And have shared what you believe with us. I've listened I've taken notes.

B

It's impactful when people share what they believe. I can't help but dwell on one comment:.

B

Bill downey shared that he wishes a lawyer by the name of paul mccackern was here.

B

And so that he could ask him questions well bill. I I wholeheartedly agree with you on that sentiment.

B

I wish my father was here.

B

For this and and many reasons, but a piece of advice that my dad gave to me.

B

Was to always listen to your attorney, I called this meeting.

B

And I gave this meeting notice not because of what happened with a how a previous meeting was called.

B

Not because of what we would be committing to in terms of a development partner, but simply.

B

Because our legal counsel said that the best course of action for the city of portsmouth.

B

Was that we call this meeting and rescind the actions of november 18th, and for that reason,.

B

I called that meeting and for that reason I will be supporting this action tonight. I.

B

Appreciate everyone that is coming out uh and with that I would ask valerie to call the role.

C

Assistant mayor kelly, yes, councillor, tabor, yes, councillor, denton, yes, councilman.

C

Yes, councillor bagley, yes, councilwool lombardi, yes, councillor blaylock, yes, counselor cook,.

A

Yes, you're mcgrin. Yes, that's unanimous! Please no clapping! This we're not.

B

We don't come into the city hall and clap if we agree and we don't agree, we come.

B

To participate in a civil discourse, we have to I'd really appreciate that if we.

B

Could we could follow that uh I'll entertain a motion to adjourn go move. Second, all in favor.

O