City of Portsmouth, New Hampshire 2022 - 2024 City Council, 7 Feb 2022

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From YouTube: 2.7.2022 City Council

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2.7.2022 City Council

A

This evening uh I await a motion. Oh yeah, I weighed a motion to leave non-public.

B

Right move: we leave non-public and seal the minute. Second, your honor.

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Roll call vote.

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

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Councillor bagley: yes, council lombardi, yes, council, blaylock, yes, counselor club; yes,.

E

Mccaffren, yes, we need another roll call here for this portion. Yes,.

A

We do all right we'll do one more roll call, so this is for attendance, mayor mccachren here.

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Assistant mayor kelly here, counselor tabor here, councillor denton here councilman moreau here.

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Council bagley here, council lombardi here, council blaylock, yeah counselor clerk here.

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All right, we will uh move to the pledge of allegiance. I just want to.

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State before we do, um I've been uh thanking everyone, that's come and respected uh the rules.

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Of of this chamber of the city of portsmouth, uh we are really close uh by the numbers of of.

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Being uh through with this, and I understand that, uh with uh with this phase uh of the pandemic and.

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I get as we are getting closer, it is harder, uh but I appreciate everyone's patience and perseverance.

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As we make it through to brighter days so with that, if you please join me in the pledge of.

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

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

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Next up, acceptance of minutes for the december 20th january 3rd january, 13th.

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And january 24th, uh I wait a motion to move to inceptos so moved your honor. Second, all in favor.

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And next is the recognition uh and volunteer committee reports. We have a proclamation.

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And that is right here, recognition of black history month.

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A proclamation whereas the celebration of black history in america was created by dr carter g.

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Woodson in 1926, as a week-long commemoration that has become black history month. Dr woodson.

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Chose the second week in february, because it contained the birthdays of two major influences.

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In black life, at the time, abraham lincoln february 12th and frederick douglass february 14th.

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And whereas february is observed throughout the nation, is black history month.

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With special programs and events, and whereas the stories of african and african american residents.

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Are woven deep in the fabric that is portsmouth since the first african was brought here in 1645.

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Through those who were buried in the african burying ground in the 1700s and.

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1800S and through to the robust african-american community of today and whereas on june 15 2020.

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The portsmouth city council passed a resolution which declared portsmouth.

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To be a racial justice, municipality and whereas we stand proudly with the seacoast naacp, the.

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Seacoast african american cultural center, the black heritage trail of new hampshire, bypa.

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And many others who celebrate the deep history of africans and african-americans in portsmouth and.

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Whereas we are resolved to affirm the city's commitment to hosting resources, providing.

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Helpful pathways to additional resources, alerting employees, boards, commission members to training.

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Opportunities and identifying ways to advance dialogues with stakeholders for racial justice.

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Now, therefore, I daglan mcacren mayor of the city of portsmouth, on behalf of the.

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Members of the city council and the citizens of portsmouth to hereby proclaim the month of.

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February 2022 in portsmouth new hampshire as black history month, and urge all citizens to.

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Improve our record of equity and inclusion and be welcoming of diversity throughout our community.

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Given with my hand and the seal of the city of portsmouth, on this seventh day of february, 2022.

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And with that, I will open up a public comment session now if everyone on zoom.

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Could please raise your hand if you'd like to speak, we're going to cut hands on that.

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By 7 10, we will start with those who have signed up, um and first up is the former mayor.

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Rick budstead, please come up set your name and address, and the topic is simple request.

G

Good evening rick beckstead 1395 isn't in the street, I would say it would be a simple request.

G

um I had a journey like I guess most people never really had before living eight years.

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Learning the process, learning the rules, learning the regulations and, as I got into office for.

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My first term and I started to ask a lot of questions. Couldn't do this couldn't do that there.

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Were certain things that were there, but I followed them in the best of the ability and then last year.

G

I should say the last term in the last council every time I went to go and do something I was met.

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With challenges couldn't do this and couldn't do that had to abide by certain rules and regulations.

G

I have a simple request that this council adopt basically the same principles that the last.

G

Council was and I'll give you two examples, one of them being so I found out in january before.

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Our first meeting on the 21st that I needed to have this my council vote on the appointments.

G

That you went and read to the record uh two weeks ago, your last city council meeting all of your.

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Representatives on each one of the commissions, so it's been done time and time again, I did it for.

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Two, I did it for the better part, with two years uh and two years experience before that, and I was.

G

Told that the council needed to adopt it needed to be voted on, put it on the agenda and we voted on.

G

It I had two appointments, both at the hcc level and the planning board level that were told by.

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Staff and basically formed by uh attorney sullivan that this was a requirement. Actually, if you.

G

Look in your ordinances on the planning board, it actually says the representative from the planning.

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Board from the council needs to be solidified, it shall be voted on by the council. It says.

G

It in the ordinance it was an argument that was made with me early on in my first term as mayor.

G

So that would be one request. I would request that this council- maybe even tonight, even though there.

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Is an emotion on the agenda, which is something else I got called out from from time to time.

G

Would be a simple request that this council would adopt some of the same standards that were put.

G

Upon my council and then I I'm glad to see that everybody is here tonight and nobody is on by zoom.

G

But I was a little taken back when council bagley, who travels for work uh had could not attend and.

G

You had meetings before that, where you couldn't, it has to be done by a roll call vote when you.

G

Don't have somebody present, this is a request and a requirement that has been standard for years.

G

I remember time and time again all the years I put in at chris dwyer actually would have to phone him.

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Because she would travel and after every time when she was on that phone, this is pre-covered. You had.

G

To do a roll call, these are two requests that I'm simply asking the council to partake in to.

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Be able to go and abide by them. These aren't rules that were made up just for me or anyone else. It's.

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A standard principle that I was told to guide by and I'm asking this council to do the same thing.

G

That's it. I hope you all have a pleasant evening, a quick meeting, and hopefully we won't have to have.

G

These on too much longer, so we can look each other in the face. Thank you very much. Thank you. Rick.

A

Next up, we have kevin dwyer, the topic of outdoor dining.

H

How's it going, my name is uh kevin dwyer. I live at 461 middle street in portsmouth.

H

I'm a portsmouth resident who grew up in town. I went to little harbor graduated from high school.

H

Now I own dwyer's pub on bridge street uh in portsmouth. I want to express my gratitude to.

H

The city for their support and accommodations to help the restaurant community survive.

H

During the pandemic, since it began, if it were not for outdoor dining, I absolutely would have lost my.

H

Business, which I opened three months uh prior to the shutdown um and the effects covet, has.

H

Had on my business are still present, and I would like to to ask the council to explore continuing.

H

Outdoor dining going forward the support for the program that I hear from portsmouth residents and.

H

Customers is overwhelming and, furthermore I would like to ask the council to explore.

H

Establishing a more long-term protocol for the program, uh speaking on behalf of myself,.

H

And many other restaurant owners, we would love the opportunity to work with the city.

H

To find terms that make sense for the city, the business community and the public as well.

H

The more long-term we can plan for the more creative we can get outside.

H

And uh more comfortable, we would be spending money on outdoor dining. I feel it would help.

H

Push poor smith in the direction that we've been on throughout my lifetime, certainly- uh and you.

H

Know we're known for being a vibrant community and would love the opportunity to continue that.

H

Tradition with outdoor dining and I have reached out to several other municipalities in new england.

H

um About what their protocols are, some of them have more of a history than we do so I figure why.

H

Reinvent the wheel, it's definitely worth talking to especially portland in terms of what they do.

H

As a way to base off of it, but again thank you for everything you guys have done, especially.

H

Health department dpw, it's been very impactful to my business, so thank you. Thank you. Kevin.

A

Next up uh we have esther or former counselor esther kennedy.

I

Esther kennedy 41 pickering nav, first of all, welcome to your second official meeting.

I

um Tonight you have the cemetery committee people coming forward to be put on the committee. I hope.

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You vote for all them and move them forward. They're a good group of people. They have.

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A lot of energy and they're doing a great job already, as you know, they went from a blue ribbon.

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Committee to now an official city committee as far as outdoor dining, I would request that you.

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Do your homework when we had outdoor dining? When I sat on council, we have a lot of.

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Little tiny store fronts that are not restaurants, they're, not coffee shops that are not.

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Food purveyors that really feel that they are forgotten. So I would encourage you to listen.

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To those individuals, I know you got some emails. I know I received some emails on it.

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So I would ask that you can you think about that and do some research before you make your.

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Decision, I would also like to have you do some research on the city manager has asked you to.

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Look at going outside of a contract, the firemen are great people. I would support them. 110 percent.

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I believe that all the contracts probably need to be looked at, given the pay pay competition.

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The rate competition in our world today as a public school administrator, I'm there with you.

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But I don't think you want to be the council that set the precedent that went outside the contract.

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And did it without really looking at the contract? If there's a problem open up the contract, there.

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Are people that have been working in this? They will not get the same benefit because they're.

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In that contract, so I would encourage you to open up the contract and do it right. Lastly, face mask.

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I want you to think about the children of our school. I understand that we have a community that.

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Appreciates face mask that wants face masks, but I also know that I've run a school for now a year.

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And I've been fully in a school for two years of sixteen hundred kids.

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And for this past year we have not had a face mask rule and I don't have the mental health issues.

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That a lot of school districts do in our community. I don't have the regression in education.

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Because we've been full in, we didn't do hybrid, like portsmouth did. It was a choice in my.

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Community I get back, but I would encourage you as we move forward and as you do, your research.

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For looking at face masks, do you really think about the children of our community? Remember.

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This group of seniors they were freshmen the last time we had what we consider.

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Typical school day, so I ask you if you feel because you're getting pressure from the community.

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To keep this going a little bit think about our children. Thank you. Thank you. Esther.

A

uh Next up we have a sam kenny speaking on the mask mandate,.

A

Like them, but gonna just stop it. uh Do you mind putting on a mask, I don't have a mask and in.

H

Your mandate, anxiety of a mask, is an exemption. Is that correct? That is correct. Okay, thank you.

H

um A lot of people are sorry, don't mean to interrupt you again.

A

uh But could you please state your address yep, so my address is.

H

Seven pond path: northampton, I just moved away from 90 brewery lane. I work in portsmouth.

H

Lived here for 30 years, okay, uh sam I'm gonna, have to ask you to sit down we'll we'll get right back.

A

There's only two more people and we'll ask you to come back out. That's fine! Thank you very much.

J

Oh, we got two ones in okay. Next up is uh carly gallante, uh mask mandate.

C

Name and address right: it is yep, um carly, gallante can't, say sorry, uh sagamore ab.

C

Okay, I would like to start to reference the health officials directive, because that is.

C

What led us to the mandate kim was able to make this decision legally because of.

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This, the state of new hampshire amendment, a declaration of public health incident.

C

To respond to coronavirus disease in new hampshire, this was signed by the governor.

C

And it allows kim to make decisions for covin 19 without counsel disciplinary or civil actions.

C

Until march 31st 2022 interesting enough, the portsmouth mask mandate is set to end april 1st.

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The following day, the duties of the health officers under communicable diseases and any.

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Civil misdemeanor that would be enforceable only apply to states of emergencies which new hampshire.

C

Is no longer in and the governor has made it clear that we will not be in one for kovit 19 again.

C

Police can only be used during a state of emergency and bylaws don't apply to illness.

C

Which is why this could not be used. You find rsa 147 under the guide to district court enforcement.

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Of local ordinances and codes under town health regulations, which directly applies to this mandate,.

C

Section c's prosecution procedure under rsa, 147 states, ill persons, willfully.

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Violating such regulations shall be guilty of a violation. No special procedure is called for.

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Thus, the prosecuting official can use the form and procedures normally utilized in the district.

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Court for violations of state law, meaning a person would have to know they are sick.

C

With kovid and is inside a public place and the health official would have to prove that they.

C

Are sick to be given a violation that only the health official can give the person or business.

C

Can appeal the violation? Because it is not a state law to wear a mask and the violation gets dropped.

C

By new hampshire state law, you are not required to give your id to the health official. If asked, and.

C

They can't write a violation without it, nor are you required to state your current or past medical.

C

History under hipaa law, so whether you vote yes or no on the masked mandate continuing it has no.

C

Enforceable legal standing, therefore, the directive and mandate and everything on it does not need.

C

Compliance from people or businesses, I find it disrespectful that the people responsible and.

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Involved in the mandate and directive knowingly and willingly are misleading the citizens of.

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Portsmouth by citing rsa 147, without informing them of section c's prosecution procedure and.

C

Equally disturbing, this information was not shared with the council members. When you repeatedly asked.

C

In the first hearing on this matter, I urge you to seriously consider what I've had to say here today.

C

I've been able to answer your basic questions that others have not been able to answer for you in the.

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First hearing and if you would like to see any of my resources from new hampshire.gov's legal.

C

Section I'm happy to hand those over to you and for those reasons, regardless of your vote,.

C

People and businesses do not have to comply, so I urge you to just end it. Thank you. Carly next up.

A

We have sean maloney.

A

On the mask mandate,.

K

Hello again, uh my name is sean money. I spoke to you at the last meeting. uh I live at 570.

K

Union street born and raised here again I worked in a coveted hospital presentator.

K

In columbia, new york city during 2020, I've had personally over 100 covet patients, so.

K

Speaking from a little bit of experience here, I'm once again asking you to repeal.

K

The mass mandate, but the fact is, is most places aren't enforcing it.

K

If this were a restaurant, we all could have walked in sat down and everyone could be massless right.

K

Now and that's like, if you think about it, does that make any sense at all like what's the point.

K

um A lot of people are still wearing cloth masks which, as recently said by the cdc literally, do.

K

Nothing- and I know the numbers mean a lot, so are the numbers up? Are the numbers down.

K

If they're up, it means mass, didn't do anything if they're down are they down because of mass? Are.

K

They down because this time, every year, the end of the year flu season that hits very hard here.

K

Is it just tapering off like it does every year.

K

We have an older, populous and a harsh winter flu season hits us hard every time.

K

And my question is: are we going to play this game with every flu season and every.

K

New variant, because you know there's going to be more coming, it's way too lucrative.

K

There's going to be more variants and nobody wants to play this game anymore.

K

We spent over 700 days keeping people inside wearing masks your.

K

Immune system is like a computer: if you don't keep it up to date, it's going to.

K

Be not good when you turn it back on again, which is what we saw when people finally came out of.

K

Hiding and took their masks off. They got hit really hard, especially in our climate.

K

Questions about the numbers are.

K

Are all the people in the hospital? Are they all there for covert or are they there for something.

K

Else that happened to test positive for covid, because we are testing for literally everything.

K

Because across the country roughly half the people are in the hospital for covid were there for.

K

Something else when they first got there. Please stop. This sham worked 700 days into two weeks to.

K

Flatten the curve, let each business and individual decide because most already aren't enforcing it.

K

And most people are just going to newington or hampton to avoid portsmouth. At this point,.

K

Please let adults make their own decisions. That's all! I'm really asking just as before.

K

I have two studies, one conducted by the cdc one conducted by a european country here again.

K

There's obviously, studies upon studies you could possibly ask for I apologize. I only printed nine.

K

But it's for your reading material if I'm allowed to approach. uh But after that I have nothing to.

K

Say, and thank you for your time, thank you, sean uh you can bring them up and uh thank you again.

A

For your service.

D

A

uh We have two on zoom and then we'll go uh back to sam.

J

First up mayor, we have robin russo, go ahead, robin please give us your address. 90 fleet street.

L

Number one I understand you're talking about resident, permit parking today.

L

You should not be extending the pilot program, you should be expanding the pilot program, um some of.

L

Us have been waiting over 25 years for resident permit parking, especially in market square.

L

Number two is the issue of parking um placards people with walking disabilities.

L

Have handicapped placards? I want people with handicapped placards to take note of.

L

Section 265 colon 74 state law and that basically says you have free parking and if a city chooses.

L

To have time limits on handicapped placards, it needs to be in accordance with the new hampshire.

L

The governor's commission on disabilities, which says that the time limits will be double any space.

L

In the city, if they choose to have time limits, so if you're in a three hour parking area, it should.

L

Be six hours for people with handicapped placards? I met with them. Currently the city of portsmouth.

L

Is not in compliance with state law on that and I'm encouraging others with handicapped placards.

L

To ask for refunds on all of the tickets people received when it was snuck in back in october,.

L

That they are limited um to the whatever the time zone is three hour zone three hours. um That's not.

L

According to state law, and these people are entitled to refunds and you need to change.

L

That as well, the ordinance update that ordinance to be in accordance with state law, because.

L

We were told that the change had to happen to be in accordance with state law.

L

That was a lie, and I met with the director of the governor's commission on disabilities and.

L

They agree also, um members of the public take note of ordinance 7.103 a that involves the traffic.

L

And safety, commission or committee that I stepped into this week, I noticed that we had members of.

L

City management voting and making motions at the table- this is a subcommittee of the city council.

L

Never should members and employees of the government be on these committees. I called every.

L

Major city in the state of new hampshire, not one of them, has city employees on any of these boards.

L

Some subcommittees essentially of the city council. They were outraged actually, when I told them about.

L

Portsmouth, so we need to change that ordinance somewhere along the line. Some management team.

L

Voted this in, we need to get that changed and put people members of the public on.

L

These city boards also they meet very early in the morning, so you can't attend at 8 a.m.

L

Now they discussed at the table about changing their time, but it's still not accommodating the.

L

Public, it's accommodating their own schedule. City employees, schedule members of the board schedule.

L

But not we, the people schedule those boards are for. We, the people not for the management.

L

Of our city and not for this, the members of the board when it's convenient for them.

L

These boards should meet when it's convenient to we, the people, the public which most people can't.

L

Get out of work like andrew bagley, he says. Oh, I get time out. Thank you robin. I can attend most.

L

Can't okay, so most people have to attend after business hours or on weekends. Thank you. Thank you.

J

Next up, we have shelley saunders, go ahead. Shelly, please give us your address.

M

Okay, thank you, um shelly saunders, 15 oak street, and I want to address the city-wide mass mandate.

L

Quickly, I want to urge you to end the city-wide face covering mandate. Portsmouth is on the.

I

Opposite side of history here we have states like new jersey, illinois and now connecticut. Just today.

L

Eliminating all mass mandates in the cities and in their schools today, um mass mandates.

L

And schools are going to be dropping and I urge you to decline the motion to move this masked.

L

Mandate to a second reading tonight, I urge you to remember what carly said and sean maloney.

I

I support everything they said and I urge you to remember what the definition of insanity.

L

Is it's doing the same thing over and over and expecting something different? This mass.

L

Mandate is not working, no one's listening to it, we're over it. So I urge portsmouth to get.

F

On the right side here of history, thank you. Thank you. uh That's it for sam is back. That's it. um Sam.

H

Hello, sam kenny, um once again, I just recently moved out of portsmouth from 90 brewery lane.

H

I now live in northampton. um I want to bring up the mass mandate because a lot of people.

H

Are worried? Local governments are politicizing science. What studies are you using to further.

H

Enforce your covet 19 mandates being more specific. What references can you share.

H

Regarding covid peer-reviewed control group studies that other countries, our country, we.

H

Have many top universities, um john hopkins, which is one that I'm going to bring to your attention.

H

There's hundreds more and I urge you to do the research.

H

They reveal mass, have no broad-based evidence of noticeable effects on covid19 mortality.

H

Government malfeasance to mandate a mask and not leave it up to people's individual health choices.

H

You've been doing it on and off for two years.

H

It's not constitutional. In my opinion, it's tyrannical.

H

This has negatively impacted us as a society. Further distancing us from our neighbors friends.

H

Family, not to mention our economy. Will you take the blame for the wrong doings of your.

H

Overreach, or will you shift your blame to avoid scrutiny, we need some answers. Thank you.

A

Thank you, sam and with that I will close the public comment. Well,.

A

We'll move on to the no public dialogue.

A

Tonight, public hearings and or resolutions. The first is the capital improvement plan.

A

We have a presentation uh that was held at a work session.

A

Next I'll open up to city council questions.

N

Counselor bagley, yes, thank you, your honor. um I would, uh after hearing from.

N

Numerous residents this weekend about the elwynn park, uh traffic coming in sidewalk.

N

Project which I believe are for fiscal, 24 and fiscal 25. um I did a kind of a deep dive into.

N

The planning that's been done, the community outreach that's been done, it seems like.

N

um There's over 70 support for this project in the community. It seems to comply with our 2014.

N

Safe routes plan so I'd like to know, would it be possible to move this up one year.

N

And is there some logistical reasons why we would not be able to do that.

A

Sure I'll let the the city manager, I would say it's probably you know the allocation of.

A

Funding and resources that go into that, but um the city manager, would you mind answering that.

J

Sure happy to answer that your honor and counselor bagley. If we were to move up uh the items you're.

J

Speaking of and if you reference it, forgive me I'll, read it again for folks following it's tsm.

J

17-Pl 59 and the impact of moving that up a year um what impacts the fy 23 general.

J

Fund or capital outline outlay by 160 000 and would bring a 1.5 million dollar bond into fy24.

J

So, as has been the case in previous cip deliberations, the idea could be that the council.

J

Could discuss it at this time as part of public hearing, listen to public comment and then consider.

J

Making amendments to the cip, either tonight or at the march 7th meeting where we would look to adopt.

J

um So there is um peter rice is here to answer questions. What I can tell you, there's there's been.

J

uh Debate and dispute about or not dispute that sounds like a negative word. There's there's been.

J

Different sides to the issue of folks wanting sidewalks and not wanting sidewalks, so.

J

Those are the numbers and those how that's how they would impact this year's and next year's cip.

J

So I'll wait for further questions or are happy to bring up staff as may be required.

N

Counselor badly, so I guess a further question just to clarification is: is it primarily a financial.

N

Issue or is it also a manpower resources issue? I understand we have lots of projects going on.

N

In the city, if we were to move it up, would we have the manpower to to do that? I guess.

A

I think we've exhausted both karen and myself's ability to answer these questions.

J

I'll take a stab while peter comes down, but um the consultants would be of of concern in the sense.

J

We'd want to make sure where we were vis-a-vis their ability to work with us. I just don't know.

J

That the the public input has been something that has been defined. I know, there's been back and.

J

Forth and peter's here now good evening, peter rice, director of public works, mr mayor city, council,.

O

The from a manpower standpoint- yes, it would be challenging for us to be able to to have uh staff.

O

To to do that, but as the manager indicated, we would most likely have a consultant work with us.

O

On this, the the two staff members that previously were working on this project both are not have.

O

Have left the city's employment, so we would need to kind of get back up to speed in terms.

O

Of the status of it, I did participate in in public meetings that there was. There wasn't a consensus.

O

In terms of the direction um the project was going to go in um at this point, we would like.

O

To probably regroup uh and gain consensus uh in terms of where the sidewalks would go there.

O

There is um existing money uh for traffic calming in elwynn park uh up to uh to ninety thousand.

O

Dollars that's available to move this project forward, uh this portion of the project forward so.

O

I guess I would recommend that that we utilize the existing funds at this point to get a consensus.

O

And a design started and then the monies would be available next year to do the final design.

O

If the desire is to move it forward more quickly, one thing you could do is you could combine.

O

The general funded portion with the bond so instead of a a 1.5 million bond, you.

O

Could do a 1.65 million bond uh and the existing monies um would would cover.

O

uh This to get to keep the project going and then you'd still be able to accomplish.

O

Moving um the funding forward, but not impacting this year's budget.

N

That's good follow-up, so I yeah part of doing the research into this. I noticed that.

N

The other half of ellen park is up for repaving. Is there any risk that the repaving would either.

N

Be delayed, or we would be doing the same work twice if we did decide to proceed with.

N

Sidewalks in the future are those two projects going to happen. Congruently um there would be.

O

Potentially some stranded investment it would. It would entail some of the pavement if we were to.

O

If we were to build all the sidewalk in in grassy areas,.

O

There would be less of an impact, however, the right of way we believe, is wide enough to be able to.

O

Accommodate sidewalks, what we were planning on doing was holding off on harding and mckinley.

O

For final paving and doing the side streets, there seemed to be some agreement that those.

O

Main thoroughfares were appropriate to have sidewalks on so prior, so we weren't going.

O

To pave those areas uh hold off until uh there was consensus and be able to do the design and.

O

At least to a level that we could show people what the impacts to the roadway would look like.

O

There did not seem to be a desire to have sidewalks on the side streets in that area.

O

So we felt comfortable that we could go forward uh with the surface paving on those streets that are.

O

Off those main lines without running the risk of straining some investment great, thank you.

A

Any other questions before we open it up.

A

Counselor cook, thank you mayor, um mayor and city manager. I guess uh is there a plan to have.

M

A separate work session on the police new police facility. I asked this because I have.

M

Many questions on that proposed project. I suspect a lot of counselors also have similar questions.

A

Yeah, I think the the short answer is, yes, I don't believe uh has it been scheduled, yet it has not.

J

Been scheduled, we'd be happy to work with the mayor and your schedule to to make that happen.

A

Yeah, why don't we yeah we'll get that scheduled before uh march 7th and um we do have.

A

A meeting after that, if you can't adopt it by then, but I'd like to get.

A

uh That meeting about you know before march 7th so.

A

Let's get that out and get that noticed. Thank you. Counselor cook.

A

Counselor boylock. Thank you mayor. um Yes, I guess the question for city manager. um I noticed we.

D

Have plans for the skateboard park in the cip? I believe we also have it in the budget as well.

D

For fy23, um could you just explain to us how that would work if or where it would go? If we were to.

D

Go forward with that sure. So to recap, the private. The previous council took a vote to.

J

Allow 2.2 million dollars in a supplemental appropriation and.

J

At that time, the the planning board had already noticed and placed in the cip, the placeholder.

J

Of 200 000 in cash for design in fy, 23 and bonding in the out years for the project.

J

And it would be up to this council to decide the ultimate disposition.

J

Of the funding for the skatepark, so essentially you have options. Okay, thank you.

A

Thank you councillor, black any other questions. Before we go to public comment, public hearing.

A

No, uh so we will open up the public hearing. um Anyone asking to come forth, speak you're, not.

A

Limited to three minutes, I'd like to ask you to keep that mental number in your head, though, as.

A

You speak, but we're not going to cut you off if you go past it. Please state your name and address.

H

Good evening, mayor city, council, member city, manager and city staff, I'm sean sieper and I live.

H

At two nixon park in portsmouth, I'm here today to speak in support of the ellen park traffic calming.

H

And pedestrian improvement plan in the cipd process, I've been following this plan for a.

H

Number of years now, so I was surprised a couple weeks ago to notice that the budget that was.

H

Originally forecast for fiscal year, 2023 was moved and pushed out to begin in 2024. I would like to.

H

Better understand why this occurred and we kind of just went through some of those points, regardless.

H

I like to express why I support this project to you now. It's all about improving the safety for.

H

The students who walk to dondero and the students waiting for the buses within the neighborhood for.

H

The middle school and the high school these safety ideas were first introduced in the 2010.

H

Safe routes to school action plan, there have been neighborhood meetings as well and a 2019 survey.

H

To gauge interest, the survey results show strong support for moving this project forward. In fact,.

H

At 77 percent, 77 percent of the respondents said motor vehicle speed was the highest rate concern.

H

Relating to traffic soothing island park specific to the sidewalks, which is certainly the hot issue,.

H

67 percent of respondents fear adding sidewalks to some of the streets.

H

With an additional 13 with qualified support, that's nearly 80 or 156 of the 196 responses.

H

Moving forward, I asked this project to receive the attention of city staff to engage the neighborhood.

H

On the recommendations of the 2022 of the 2020 proposal, there was a proposal: that's in the cip,.

H

That shows where the sidewalks would be placed, highlighting the mckinley road and the beginning.

H

Of harding road, let's learn from the mistakes of previous projects to make this a success and.

H

Improve the safety within the neighborhood. Thank you for your time and consideration. Thank you. Sean.

P

Good evening there good evening, councilor former councillor huda.

P

um I'm here tonight to speak on the cip and um I'm gonna what I can.

P

South street, thank you, I'm here as a taxpayer tonight and I'd like to request that the council.

P

Ask for more information on the following first thing: I'd like to talk to you about is the.

P

There I'm going to talk to you about the the section of building it.

P

And infrastructure and there's six lines in there that I think relate to each other.

P

That I personally would like more information as a taxpayer and in follow-up to counselor cook's.

P

Question this would be something to definitely discuss if you went and discussed this later.

P

The six lines that I'm going to ask you to get more information on are the new.

P

The new police facility, the police facility study that was authorized last year, the police facility.

P

Deficiencies and repair project, the city hall, hvac improvements, the city, wide facilities.

P

Capital improvements and the city fuel station upgrades brand new surprise. um The first thing.

P

I'd like to call to your attention is last year my experience we authorized for this. The police.

P

Station uh 1.2 million for a study. I would like to know the status of this study. What we have.

P

Found out from the study has the previous study been updated and what did it tell us.

P

uh Last year, also, the amount that was in the cip, based on not having a study, was 39.2 million.

P

We still don't have a study, I don't know what the what the status of the.

P

Request is, but in the new fy23 we have 40 million 600. to councillor tabor's point um last time.

P

If the study tells us we need that fine, but as a taxpayer, I would like to know what the study.

P

Said before we move forward um the next thing that's in there uh has been in there for a while.

P

And it's the deficiency study or the deficiencies for the mole remediation.

P

Now, when we first came in this was in there uh we authorized money to get rid of this.

P

We were told that they were working on it in uh six months. They had done summer, mediation.

P

Another six months it came back. The prior council had put in four hundred thousand dollars for remo.

P

Mold remediation um and this was put in for fy 22, 23, 24, 25 and 26., at which time in fy 26 the city.

P

Hall, hvac improvements uh were put in there for 1.5 million now last year, when this was discussed.

P

The cause the root cause of the deficiencies and the mold remediation, we were told, was the.

P

Old piping in the building, so my question is: should we, as taxpayers, keep funding this.

P

For mold remediation, or is it better to move the hvac system upgrade up and not.

P

Spend two million dollars to keep putting a band-aid on this when we could fix it.

P

The next thing I would I I would like to call to your attention is in city, wise capital,.

P

Facilities improvements, there's a million dollars, there's a million dollars in there just about.

P

um It for last year it was in 23 and then it's again in 26. in this fy 23 plan. We.

P

Have a million dollars in there and then it goes up and down between a half a million.

P

Could some of that be used for.

P

Switch to the hvac system, which would remediate the mold issue, or is that something we can't do.

P

The last thing I would like to call to your attention is this brand new item in here of a.

P

City fuel station- um I had gone back through all all the reports.

P

This was not in last year, it came in in fy 22, and it's in there to be bonded this year.

P

I would ask you to look at the hvac system first and save the taxpayers. 2 million dollars.

P

Instead of doing the remediation and put the new system in on that.

P

The next thing I would like to ask.

P

If anybody noticed the peas wastewater treatment, facility amounts.

P

For last year we had a million five in the cip for fy22, and then we had 12 main in there for fy24, for.

P

A total of 13.5 million in fy 23 we've got 3.55 in 23 and we have 49.5 million in there for 24.

P

That's a jump and I guess I would like to know where that came from.

P

And what it includes and how we got there, because it wasn't anywhere else and it wasn't discussed.

P

With the prior council, the other thing I'd like to uh know is for this council to get an idea.

P

Of where the the all of the projects that were started last year are now, and specifically I'm.

P

I'm looking at islington street, um the prior council went through the funding and the.

P

Process for phase 1b and insisted on the funding of phase two.

P

The monies went out to be bonded and mike my question to you is: how can you fund.

P

This year, when you don't know where the project is or finished up is going to finish up last year,.

P

So the what I'm asking from the staff is, can you please provide the ending statuses of the.

P

Projects last year, so this council will know what they need to fund for next year. And when I talked.

P

Last year, I'm talking fy22 when I'm talking this year, I'm talking your new year of fy 23.

P

The other thing I would like to ask is for the schedule to be improved.

P

I'm having a hard time tracing projects that were on there last year that were funded and bonded.

P

And the example of that would be the hanover facility parking garage.

P

Last year it was in there for 6.3 million. It was funded through a resolution this year. It.

P

Does not appear on your cip schedule unless I I don't, I didn't get an updated one.

P

The money for that should be on your schedule, because that was supposed to be done.

P

My understanding that was supposed to be done over three years, and I I the other thing I want to know.

P

Is what is the status of that right now? Have we started that? Have we spent any money? What is the.

P

Status and how much does this council need to allocate to this project and know where it is.

P

And how much do can I, as a taxpayer, expect to spend on this in the next year?.

P

The last thing I guess I know you've got a request from a different taxpayer on a on a bunch of.

P

Listings of projects and how this uh how the reports were put together.

P

And I'd like I just like to follow up on that, because I personally was having a hard time.

P

Following the flow from last year to this year on the cip and matching that, with the bonding.

P

And the money that was spent on these projects, so I mean the suggestion that came to all of you.

P

Was for the cip to be revised and with upgrades with a list of all the projects that are new for.

P

This year, a list of all the projects that were in last year's cip and not in this year's, because.

P

They were completed or dropped uh example is the uh is the hanover garage, but where, where is it? It.

P

It was in last year, did we start our first third or not? That would be really helpful for everybody.

P

Else as a taxpayer to know where we are in the project and in the funding um the last next one.

P

Would be list all projects from last year's that were not completed or started. That means we, you.

P

You asked the taxpayers for the money we bonded it and the money's still sitting there because.

P

We haven't started the project, yet uh that could be the case for his industry. I don't know.

P

But I think the taxpayers should know where the money is that we bonded we bonded out.

P

30.5 million last year, where is that now? Is it on certain projects that were told to the council and.

P

The residents or is it, is it sitting in a money market account until everything gets started.

P

The next one would be uh if any, uncompleted or unstudied priorities are carried forward.

P

And the funding changes provide an explanation why that would be great for everybody as a.

P

Taxpayer also, those are my questions and I'm hoping that if you discuss all of this with.

P

As as counselor cook requested that you'll get back to the taxpayers and let us know the status.

P

Of all of these, thank you. Thank you very much. Anyone else for the public hearing on the cip.

A

Former councilor kennedy.

I

Mr kennedy 41 pick green f. I noticed in the cip, which is always there for the cemetery.

I

Committee, it's 25 000 a year. The cemetery committee is trying to because um it was.

I

Not around for a long time, there's a lot of makeup and a lot of things that need to happen.

I

There needs to be a study for of our cemeteries for the committee to move forward and and work.

I

On their work, I would ask that the council add 150 000 to that they have a total of 175 000.

I

To have a study for the cemetery committees, so um I would hope someone would add that to the.

I

Cip, I wouldn't see it every year. I see it as a one-time thing for this upcoming fiscal year.

I

The other thing, um one of the things that, at the end we were dealing with, was.

I

A turf field question there's nothing in the cip if something has to be dealt with with that field.

I

So to protect yourselves and the community, I would hope that you would have a conversation.

I

Learn your information gather the information and make sure you have some kind of money in.

I

The cip, if that field has to be pulled up or if it has to be fixed or altered in any way so.

I

I would encourage you to do that. um There is water going across the great bay that.

I

Is being replaced, there's a water line? I have asked twice, there's two water lines right now,.

I

Going across the bay to bring our water, it's all the water that comes from madbury, it's most of.

I

The water that we use in our community, they in the city, was thinking of doing one water line.

I

I would encourage you to research, get your understanding, see where we are in.

I

That project, I would continue to suggest, as I had as a counselor, that we do two water lines.

I

Knowing a little bit about the harbor a little bit about the currents, a little bit about shifts.

I

And water lines and weights and and everything I would caution and ask you to reconsider that and.

I

Do two water lines for safety, one as a backup and one that's our primary source of water, and I think.

I

It's pertinent that we make sure we're safe. It was replaced. I want to believe in the 40s and 50s.

I

The first time, with two lines other than that I'll wait to hear there was a comment made.

I

We were watching on tv of your first time, introduction from the cip.

I

Saying that there was no public here- and there was no public here, because we were just getting.

I

The information to that night we had just gotten the information, but also, I think it's important.

I

For the council to devour the information, take it in research, it figure out, especially as a.

I

New council figure out what your beliefs are, what your constituents beliefs are.

I

And then give us input and then have the community comment on that input. So there was some comments.

I

Made but no one was hearing, I want you to know we were watching. We were concerned, however, that.

I

Wasn't the time to come and comment tonight was because now you've had it for two weeks yourselves.

I

And hopefully, you've you've researched and done some work on it. So thank you. Thank you. Esther.

D

Evening there see you again city council, um my name is dave cosgrove. I live at 174, echo, ave.

D

Here in town, the last time I was here before you was december 20th, and it was an exciting evening.

D

In which the the recreational facility aka skate park was approved not by a five to four vote, not.

D

By a two-thirds vote by a unanimous nine-to-zero vote um and as part of that motion that was.

D

Approved it was my understanding that the park was going to be funded via an assigned fund balance, so.

D

At this point, I'm seeking clarification: I'm a bit confused as to why this facility is listed.

D

In the capital proposed capital budget, so an approved budget, it's a proposed budget.

D

When we've, in fact already approved this project and already approved the funding.

D

So you know I, I know I'm not alone, I'm speaking on behalf of myself, but I've heard from a number.

D

Of folks that do have concerns about you know how this might affect the actual implementation.

D

Of the project, if at all, if it doesn't that you know, I appreciate that the city might choose to.

D

Fund a different way, I'd just like to know going forward for mixed things. It's in the project, it's.

D

In the cip, it's not in the cip just would like some clarification. Thank you. Thank you. Dave.

A

We'll take second time speakers can I.

P

Good evening again, I'm sorry, I forgot something. um The other thing that I would like information on.

P

Is the outdoor pool in the prior year budget we had 2.5 in there for a new pool house.

P

In fy 23 we've got that changed to 2 million for aquatics upgrades. So my question is.

P

What are aquatic upgrades, and last year it cost the taxpayers. I think we put in 500 000.

P

In the bonding to get the pool up to opening because it was so important at the end of covid, so.

P

That happened and nothing was done with the pool house. So my question is what more for two million.

P

Dollars needs to be done to this pool, to get it up to up the snuff or up to what we think we need.

P

In going back and looking at the funding that was has been put into the pool um in.

P

Fy 19 we put in a million and fy 21 we put in 2 million now we're asking for another 2 million. So.

P

The question that I I'd like to get asked answered as a taxpayer is: what does this 2 million involve.

P

And since you moved the actual pool out, um when will that be looked at again,.

P

Because, as I recall last year, we had a passionate representative kelly pitts here and she was very.

P

Interested in what would happen with this pool and the pool house also thank you. Thank you.

M

Hello, my name is amy may court. I live at 47 taft road. um My question is the same as dave.

M

Cosgrove's, but I also want to thank councillor bagley for your questions about elwynn park.

M

I can assure you that my neighbors and I are very concerned about safety in our neighborhood and.

D

um It's my understanding that it keeps getting pushed back.

E

So it would be great just to see it maybe this year or move forward in some way and.

M

I'm not going to pretend to know anything about financials, but it seems to me that if the skate.

D

Park, the two hundred thousand dollars isn't in the skate park, see it for the cip for the.

M

Skate park- or maybe it could go to that- I know it's not that easy, but just thought I'd bring.

M

That up so thank you, counselor baggy bagley and thank you to my neighbor every year. Thank you.

G

Good evening again, rick beckstead 1395 is indian street. um I guess it's more of.

G

A request, but I mean when it comes to the cip, whether this would be something um so about a.

G

Year ago, when councilman kecklin and councillor taber, I'm sorry mayor mchechman and had gone.

G

And experienced something where we had a close to a fatality in order to be able to get something.

G

Done and those are with the single crosswalks and we were able to put one at the end of essex and.

G

That's how I started my career uh eight years ago from that date, literally, we had some close calls.

G

We had people that walked there to school. There had been a lot of close calls and it wasn't until.

G

We actually had a resident get hit in order to be able to go and do that. So this has.

G

Become a huge asset to the community, this is something I advocated for uh peter rice would.

G

Definitely, I think, still advocate for me really going and pushing, and we have made big strides.

G

In that, I'm noticing that more and more streets as we're doing them we're, including them in each one.

G

Of them, but some of them are not going to get done for a period of time. So I'm looking for a.

G

Simple request- and it was a promise that I was made by a couple of residents of betty's dream.

G

And if people know where betty's dream is it's a wheelchair community that sits on uh on woodlawn.

G

Circle and the route that they used to take was to actually go up that hill onto woodbury avenue.

G

And there's a crosswalk: that's there. I remember personally years back where I actually took two.

G

Times where I stopped my truck, I stopped traffic for that gentleman to be able to cross that street.

G

So, as I was talking at national night out, I got to meet several of the people from that.

G

Community, they don't take that route anymore. I mean we made big strides when we closed echo.

G

Echo is a much safer place, mr cosgrove back there will go and and contest to that. So hillcrest is.

G

Actually, one of those streets: now that is the most one of the most pleasant streets, you'll.

G

Ever see I mean even as close as they are in the vicinity of route 16. It is a neighborhood.

G

That is peaceful, quiet and people really enjoy out there and they have no sidewalks out there.

G

But I just wanted to go and point that out but anyway, so what this community actually does is.

G

um From betty's dream, is they actually go up that road onto echo and they try to cross from there.

G

And once again, they can't cross and somebody in a wheelchair, if you've ever seen it it's a last.

G

Sight unseen kind of a thing where they usually get overlooked so- and I know eric eb- isn't here.

G

Anymore- and I know eric eby was trying to look into that when we originally did the woodbury.

G

Road over years ago, they had implemented that when it came down to funding so they're roughly.

G

About thirty thousand dollars a piece, I think it's definitely something that she looked at.

G

I'm just saying it because it's the cip for this one time expenditure, but I think that we.

G

Should be doing something where we could do say, maybe three a year at a certain request, still.

G

Going through the process, maybe with parking traffic and safety or something like that, but.

G

This is, this is a group of residents that have a really hard time and I'm in hopes that we can go.

G

And finally, after literally almost nine years of requesting that that we can go and implement this.

G

This is something that was kind of overlooked um over the many years. Financial is usually.

G

The issue, but I think thirty thousand dollars, isn't a large request, so I would just request.

G

That the council maybe take a look at that for this project, so thank you very much. Thank you.

A

Any other additional speakers.

A

All right with that, we will close the public hearing. Are there any additional counsel, questions.

A

Counselor denton john. I would like to go ahead and ask mr cosgrove's overall question: if the funding.

Q

For the skate park being the cip versus what was previously done, impacts the skate park happening. I.

J

Can say it does not impact the path we've shared with the previous council warren we're happy.

J

To share the update with this council that the consultants have us uh in the queue so to speak.

J

And we can't move any faster than they're able to support our ability to move. We haven't finalized.

J

The design, so that's what we'd look to do in fy23, so the question remains to those funds come from.

J

The supplemental appropriation that was approved using fund balance or does it come.

J

In fy 23 through capital outlay of cip, that would be the decision of this council.

A

Counselor cook.

M

Is there any different impact on taxpayers if the funds come out of.

M

The cip and are bonded ultimately than if they come out of the general fund balance.

J

I guess I'll I'll answer by saying it's a really complex question and what finance has done.

J

Through the years and the decades and what they would do with this particular project,.

J

Is give the advice to the council on the best way to support moving a project forward and.

J

So there are two schools of thought and so.

J

I I don't know that we want to put judy on the spot tonight, but we there are pros and cons to you.

J

Doing both um the fact that the design money is in the cip uh to the tune of two hundred thousand.

J

Dollars um was our was his staff recommendation, um and certainly the previous council um is was.

J

Interested in supporting the larger amount that, for the with the supplemental appropriation.

J

And what that doesn't do is allow us to move any faster. So we can talk about the pros and cons.

J

But the staff recommendation was to use capital la through that 23.

J

Cip to advance the design in this coming fiscal year, thank you, city manager and mayor.

N

Councillor bagley, I have a couple questions, but I guess I'll make a comment. Maybe for those at home.

N

And for my own benefit, the way I looked at it and the way it was explained to me about skatepark is.

N

We have two buckets of money as soon as we have a chance to spend we're going to pick whatever.

N

Bucket makes the most sense, and we have both those options available to us. Would that be a fairly.

N

Accurate way to say it that would so um a comment on uh the former mayor, uh rick beckstead.

N

I'm on the parking traffic and safety committee- I I agree with you that the.

N

The more we can do to make things safe, especially for places like many dreams, the the better. um If.

N

You could send an email with the intersection uh that you want, because I'm looking at the map- and I.

N

Think it's woodlawn circle and woodbury or maybe it's maple and wood- bear I'm not entirely sure.

N

um What we can then do is get a report back at the parking traffic safety committee meeting.

N

It probably won't be until april may, because not many pedestrians in the winter months, but I would.

N

Use this opportunity to also say to anybody out in the public if there is an intersection.

N

That you feel can be benefit from this. You know that's the best way to make a request, because then.

N

It can get at least into the queue I I can't say that it will happen. There may be various reasons.

N

Engineering-Wise or whatever that it can't happen, but if it gets into the queue, um that's the most.

N

Important thing so so anything we can do to get those things in the queue I did ask at the budget.

N

Work session and I believe, there's up to 300 000 available for things like this, so there is.

N

Funding in the cip, if we identify places where we can put these flashing beacons, the tricky part is.

N

um I would, I would say every resident that crosses the street anywhere would think they would.

N

They would be benefit to have them. We have to be a little bit juices in where we put them.

N

Because if you have too many out there, they just kind of get lost in the noise, so we want to pick.

N

The best most impactful places to put them, and that certainly sounds like it's a good candidate.

N

And you're honored, if I can continue on a second question,.

N

So uh just jumping back to the the sidewalks in melbourne park.

N

Took a pretty deep dive into the studies, the the there isn't 100 consensus, but like the.

N

Gentleman who spoke earlier said, you know it was 60 something percent, and then it got up to almost.

N

80 percent for some sidewalks, not obviously on every street in ellen park, but on some of the.

N

Major streets, especially going to the school, my daughter was lucky enough to go to little.

N

Harbor and where we walked to little harbor, we had sidewalks and the community that you build when.

N

As parents you walk your kids to school is is is something that shouldn't be overlooked if you're.

N

Close enough to school that you can walk your kids and you feel safe, walking your kids you're.

N

Gonna meet other parents, you're gonna you're gonna get more integrated into the community.

N

You're gonna do more for the neighborhood. I don't think the benefits are just the sidewalks just.

N

Making the roads safer, I think the benefits are greater than that and that's why I want to see.

N

It moved forward because these are the types of benefits, especially coming out of the pandemic.

N

That we really need to be looking towards, so I understand the challenges and the difficulties.

N

Of moving it forward, but at the next meeting I'm pretty sure I'm going to make a motion.

N

That we at least consider it and I think there's these aren't just sidewalks. These are.

N

Things that build community and I'd really like to see it happen sooner than later,.

N

Thank you. Thank you, councillor bagley councillor lombardi. Thank you mayor. um One of the.

D

Traffic calming as it keeps coming up in portsmouth and um aldrich road had.

D

A speed hump put in that is, I think, effective, but I I don't know that, and I guess without.

D

Mr eby, on board, I don't know if we have data on whether that is working well and whether that is.

D

Something that would be good for the rest of the city, so um I guess I have that question for.

D

Public works or the city manager and uh happy to bring peter down here. If there are data for that.

J

What I can say uh counselor in the in the absence of the former transportation engineer,.

J

We do have staff collecting data. um I don't know that peter wants to opine at this time.

J

About what is um about the success or the relative success of aldrich.

J

The eldritch road speed bump- I can tell you, I obey it, but.

J

We can bring peter peters forward.

A

You're on the council, you definitely if you haven't been going the speed limit. You definitely start going to speed limit.

O

We have been collecting data um and we can. What we'll do is we'll put it together in.

O

A form that will report back to parking traffic and safety. So it's something that.

O

uh We've done that in a number of locations after uh treatments have been done.

O

To confirm efficacy of the treatment, so it's something that will will bring back to parking.

O

Traffic and safety, and then that will be reported back to council in the minutes. Thank you. Thank you.

A

Any other questions counselor blaylock. um Yes, I had one other question and this might be up for.

D

uh Todd henley um the I believe the the plan with the pool was to build a new pool house.

D

um But then we found more issues with the pool, I believe in the um the decision was made.

D

That it was not appropriate to put a new pool house on a pool that didn't work.

D

um But if todd could it might be a peter question, peter sorry, I'm happy yeah or karen. That's okay, to.

J

Set the stage while peter's joining us, there was an evaluation done about the aquatics of the pool.

J

And the costs associated with bringing those up and allowing the pool to function beyond.

J

This coming season so we're we're going to find a way to make it through the 2022 season. This.

J

Would be for the the following year, but peter correct yeah. So, as you recall, the initial project.

O

Was to upgrade the pool house, however, at the time um the review of the aquatics was was done.

O

Concurrently, because we wanted to make sure and acquire what aquatics are, it is the liner system.

O

It's the gutter system, it's the pipes that feed the water to the pool and the filter, building.

O

In the filter system, so that is the guts of the pool. Without that a pool does not function and.

O

Cannot be used so we started the the pool house design and quickly determined that the important.

O

Aspect of the pool was its aquatics, the guts of the pool needed to be replaced and reworked.

O

We did the design and got it to the point where the cost was significantly greater than the monies.

O

Allocated so that that then made the decision to put off doing the pool house, because that.

O

Was you know you could have a great pool house, but if you didn't have the guts of the pool.

O

There's no benefit so the the the aquatics portion of the project move forward and the opinion of.

O

Cost is is roughly five million dollars, as, as the former councillor pointed out, we have three.

O

Million dollars currently uh available, so we need two additional million dollars, and that is why.

O

You see two additional dollar, two million dollars more uh being requested here. Thank you very much.

D

Councillor cook, thank you, mr mayor. um I actually have a question that probably.

M

I'm guessing city manager or peter rice is likely to answer as well.

M

In the budget we have for the capital, improvements, bicycle and pedestrian and roadway improvements.

M

And intersection improvements, and when you look at them a lot of them come in to 2024.

M

Instead of 2023 and I'm wondering why so many projects are initiated in 2024 and so few in 2023.

J

I don't know the answer to that, and and what peter and I can do is formulate a report back.

J

That was that was another one of the transportation engineer and the former planning directors joint project so to be respectful of of.

J

The question and answered thoroughly we'll get you a report. Thank you.

A

Any other council questions or deliberations.

A

Not seeing any, uh we will, uh we will move on uh from this public hearing.

A

uh I just want to state, I think there was some a good recommendation. Counselor cook, echoed by.

A

Members of the public, in terms of wanting to have more of a dialogue around the police station, it's.

A

Even though um we come into the cip and there's various levels uh of understanding around the.

A

Cip and with everyone uh in in portsmouth, I think it's it's good. This is a big top of a conversation.

A

One that we have a lot of questions on I'm going to request or add a work session to the february.

A

22Nd uh meeting that um we'll start early there, that also happens to be my anniversary, so I'm.

A

Really excited about that, um but no place I'd rather be than talking talking, cip,.

A

But it's it's important that we always kind of start from scratch uh when it comes to cip and.

A

And, and look through these and question, as we have um again just so uh folks, uh are paying.

A

Attention you'll have another opportunity, um you know uh there'll be another meeting.

A

uh We can also um you know, I suggest that we uh extend the public hearing and not close that.

A

So the the 22nd um is that something that we can do here so uh can we do that? Yes, yeah so.

A

We'll extend the public hearing uh to the 22nd, uh so you have another opportunity to comment on.

A

The cip um before and that will be following the work session on the the police station.

A

So with that, I'm not actually closing the.

A

The public public comment um public hearing, we're going to extend it to the 22nd.

A

All right, we now have a second public hearing on the second reading of ordinance. The public.

A

Hearing second reading of ordinance amending chapter 3, article 11, section 3.1101-3.1104,.

A

Dash face coverings during the covit 19 pandemic.

A

A sample motion would be to move to pass second reading and hold.

A

Third and final reading at the february, 26 2022 city council meeting uh await a motion. Your honor.

Q

I will go ahead and make that motion to move, to pass second reading and hold third.

Q

And final reading at the february, 22nd 2022 city council meeting. Second, all right: any discussion.

A

Councilor cook, um mr mayor, I just have a question around.

M

An amendment proposal I have this evening do I need to raise that now or as a point of order.

M

Or do I need to raise that later? Mr now, is the appropriate time go ahead. Thank you.

M

This evening I am proposing an amendment to this ordinance and which you all have in your packet.

M

The amendment is designed as a response really to a lot of questions and comments.

M

We've received from the public and also some concerns I have around the date.

M

The deadline date for ending the mask mandate. Currently the ordinance reads april, 1st.

M

And a lot of the comments that that I've heard from the public have been around following the.

M

Science, making sure that we're doing what is right scientifically um and that um this is arbitrary.

M

Is essentially what I'm hearing um I don't think that this ordinance should be considered.

M

Arbitrary, because I think the intent of the ordinance was to support our public health officer.

M

In issuing a directive, and so my amendment really addresses that it adds a section asking people to.

M

Comply with all respects, any public health directive issued by our health department.

M

And then it changes the effective date to be whenever transmission drops below eight percent.

M

um Or goes above, eight percent, essentially what this does is it shifts the decision making.

M

Around when we have mass mandates back to our public health officer, who is the only person.

M

I think here right now, if I can say this, I can presume, is actually an expert.

M

On the science behind what we should be doing for public health and protecting public health.

M

It also shifts that time frame where you know. Fortunately, if we we put this in place and.

M

The public health we we drop below eight percent, the public health officer- can say.

M

Okay, we are now officially below eight percent and we'll let her make that determination and.

M

Then the mass coordinates goes away with the trends that we're seeing now that will.

M

Be fairly soon, I hope I hope we're still trending in that direction, um and and so then we are truly.

M

Following the science and we're following the advice that we're receiving from our expert.

Q

Your honor I'd like to propose a motion hold on that was a motion yeah I'm moving to.

M

An end so as and that was seconded, I was going to make that motion. Oh okay, so.

Q

I simply motion to amend by including the redline version. That's in our packet.

M

A

Made a discussion on the amendment counts are vaguely yeah. I think it's a great amendment.

N

However, I do have a concern about the eight percent, so if we could amend it further that.

N

It goes away at eight percent, but perhaps comes back at ten percent or some other number.

N

My fear is that we end up in a situation where one day at 7.95.

N

The next day it's 8.05, then it's 7.5, then it's 8.1. I don't want to have a.

N

Situation where we're I want there to be a bit of a buffer between where the mask mandate goes away.

N

And then, where it's re-implemented, I don't know if there's a best way to do that.

M

So that's why I left, in the phrase with enforcement discretion to be determined.

M

By the health department, I don't think that the city council should be determining when we.

M

Drop below 8 percent and the state issues those guidelines and yes, what happens is ultimately.

M

You drop below for a day, and you go back up based upon when testing data is released from the state.

M

But ultimately I don't think the council should be trying to determine that.

M

Our residents shouldn't be trying to to figure out the state data and also our businesses.

M

Shouldn't be trying to do that. Ultimately, I think it falls to our health department to say.

M

Okay, we are officially below that number um so um and I think that our health officer.

M

Has kind of is following this a lot more closely than our average resident or business owner.

A

Councilman I had uh previously asked to get an.

E

Update on our numbers, do we have those for this evening.

J

Mr mayor, I would ask that kim mcnamara come forward. We have compiled the dashboard.

J

Every tuesday, it seems to be the day that the information is updated on a weekly basis, but kim.

J

Can speak to where the numbers lie, particularly today, thanks kim whether you're the state or the.

F

Cdc there's an average 7 day average to 14 day average, and our current numbers are new hampshire.

F

Positivity is 12.8 percent and that's down from 21.9 on january 18th rockingham positivity is.

F

Still a bit higher at 14.3 percent, but that's also down from 25.5 percent on january 18th.

F

Portsmouth positivity is at 10.4 percent uh new hampshire, active cases 6277 and.

F

Rockingham active 978.. These figures do get adjusted and corrected as the week goes on.

F

As far as the local hospitals, hospitalizations percent positive are continuing to improve, but.

F

They're still high all new hampshire towns, transmission is still substantial.

F

Portsmouth regional hospital is at 100 occupancy down from 115 percent uh wentworth.

F

Douglas hospital also is seeing improvements um and they're also seeing some employees out.

F

They were able to close their surge area. That's a real positive step. Exeter hospital is also seeing.

F

Improved numbers and operations, but is still concerned about the high number of infections.

A

Quick question kim just one more uh surrounding communities previously exeter do they still have.

A

Their mask mandate in place, um I believe, well, I'm speaking a little out of turn.

F

Here I I didn't read that uh recently, but I believe exeter was march. 1St was an end date.

F

So they did choose a sort of that arbitrary date. Thank you.

Q

I have a quick comment which is partial response to one of the speakers on. Why.

Q

April 1st was chosen. I had proposed that date arbitrarily just because april 1st was the.

Q

Day that outdoor dining started last year, so it wasn't related to any executive order and.

Q

I definitely like the language which city staff worked with council of cook on.

Q

Which is a trigger for this to happen versus an arbitrary date.

A

Called tomorrow, I just have a quick counsel question for our city attorney.

E

If we put this to third reading, it's enacted on the.

E

Which next means the 22nd? um What if our numbers are at eight percent? At that point,.

D

It becomes effective on passage of third reading if.

D

And if the amendment is made, then exactly if it's exactly at eight percent.

N

Then the ordinance is still in effect, the mass mandate is still in effect. It is.

N

Positive activity rate has to drop; no, I'm sorry, positivity rate is equal or.

N

Higher to be, in effect, no, I was right, eight percent or higher it's in effect,.

D

48, it's not on the day it becomes effective.

A

So I guess to rephrase counselor maria's question.

A

If it was at 7.99 on the day that we passed the final reading, what would happen? Nothing.

A

So it would be no mandate, there would be no mandate at that point. So if it was 7.99.

N

This may be a question. It sounds like it's pretty well thought out, but I'm still concerned about.

N

This eight percent 7.99 8.01 8.01- does the health officer feel that she has the discretion needed.

N

So that we're not we don't end up in a my fearing concern, is that after omicron we'll have another.

N

Variant and we may have to go back down this road again, so it's not just this next time.

N

That we drop below, but you know what happens if it should happen again. Six months from now.

N

Do we feel that this is written in such a way that we don't end up in a situation where restaurants.

N

Stores don't know day to day where the, if the mandate's going to be effect or not, in effect.

N

Because the trigger line is such a precise number.

M

um That's why I guess I guess an answer to your question. The eight percent is a.

M

The guideline for when the mass mandate can be dropped, but ultimately the enforcement discretion.

M

Is determined by the health department? So if the health department says okay.

M

We're below eight percent, it's reasonable to drop the directive. At this point.

M

Then the health department can do that. I would say that our.

M

And you know, I have a lot of respect for our health officer and her training.

M

And she hasn't been arbitrary to this point about when she directs changes or doesn't direct changes.

M

Given um health policy, I I don't see her taking away a mass mandate and then reinstituting it.

M

The next day and taking it away taking away and reinstituting, I see her making kind of.

M

Very measured decisions around this as um as she has in the past, and so that's what.

M

I would be anticipating I'm seeing around this, mr mayor, if I could speak to that kim and her staff.

J

Are very careful, look at seven and 14 day trends and this would to to councillor cook's point and.

J

Where I think you were trying to go councillor bagley, this would not be a knee-jerk reaction.

J

Of constantly moving um with the the needle so to speak, so I have confidence in kim and her staff to.

J

To look out to see a trend and they wouldn't drop it or or reinstate it unless they had.

J

Qualifying data to support it and I'll just add something before counselor bagley. These numbers.

A

Are numbers that I'm on the cdc.gov and I appreciate all the information that folks in the.

A

Audience and throughout uh these past few years have have sent, but the numbers of which.

A

Masks are recommended, fall and substantial and high transmission rates. Those are 8 and higher.

A

The only question that I would have then on this is as the science changes, and this becomes endemic.

A

um Is around you know and vaccines become more prevalent, etcetera, etcetera as the cdc updates.

A

Their guidelines, in terms of guidance when it comes to aid- or this number right now, which is.

A

At eight percent, um how would we best uh would that be inferred with the uh the health officer.

A

To be able to make those those judgments or would need to update uh the ordinance. Because, while I do.

A

Appreciate myself and understand, kim uh the entire city of portsmouth doesn't get to work with kim.

A

On a daily basis- and we have to create a system that folks can trust uh in portsmouth to.

A

You know battle against the feeling that something is going to be capricious or changed.

A

um You know without uh proper notice, so I guess the question would be and maybe it's to kim but.

A

Counselor cook: is there room in this, as you see it, roman this amendment? uh So if the cdc were to.

A

Change substantial transmission, um then we would be able to would be able to change alongside that.

A

Or would we need an update, updated number to the ordinance? Maybe that's a question to bob.

R

Your honor, there are two things going on. At the same time, this ordinance and the health officer's.

R

Public health directive she has complete control over the public health director could change it.

D

As she deems appropriate at any time, so if the numbers change, as you said and and the health.

D

Officer felt there needed to be adjustment in the directive. She could make it whenever she wished.

A

N

Counselor, so just a comment for clarification: I did have the privilege of working with a.

N

Health officer during the pandemic- and I don't want it to come across as if I was.

N

Questioning her judgment, I think she's done a fantastic job in a horrible situation.

N

I wanted to make sure that there was enough flexibility in this that were relying on her.

N

Judgment and not the letter of the law- and it sounds like that's the case, so I I don't want.

N

It to be seen that I'm um questioning the judgment, the health officer, which I think is.

N

Excellent, I just want to make sure that the flexibility is there and that's what I'm hearing.

N

That the flexibility is there that we can rely on her judgment and not just the exact number.

A

Thank you uh any other questions uh we'll have a vote. First on the amendment.

A

Sorry, I didn't see it on the.

A

I just I read whatever's in front of me, you know, uh but the uh yeah. We have a a.

A

Public hearing it was right there um yep come on up now. uh Remember again, not three minutes.

A

But be respectful of your time. Yes, sir. Remember that number in your head absolutely so uh once.

G

Again, rick beckstead 1395 isn't in the street, I'm so deeply. Sorry that you have to experience what.

G

Two years of my life was, and the questions are great. um We we tried to come up with several.

G

Different systems uh working very closely with two of our senators, our congressmen and even our.

G

Governor to try and come up with a system, uh we had tossed around the idea of doing a color code.

G

System, you know you got your green, your yellow and your red kind of thing. It just became confusing.

G

And and it just it made it more complicated, so the eight percent is something that I understand.

G

It's still, um I guess, somewhat fledged. As far as a number, a more realistic number, I think I had.

G

Heard a comment earlier uh at one of the other meetings to try to align with what our school.

G

System has gone and done so with the school system they had gone and allocated for a 10 percent.

G

So 10 or greater you wear a mask below that 10! It's up to you. You can still wear a mask, but it's.

G

Not a mandated type of thing, other communities are doing it. My wife is a school teacher.

G

She actually gets a weekly update on monday, so sunday night, an email comes out as far as.

G

Where we are positively right, she's stayed in in that realm for some time where she's had to.

G

Go and wear a mask. It's something simple! It's easy to follow. We have our letters that go out.

G

Multiple times a week, sometimes that we could then engage the community even go and use channel 22.

G

One thing that I have learned is: it is possible to put more than just uh seniors uh information.

G

Up there I mean we could put a lot of information out there over the last two years, which we had.

G

Never gone and done before and I'm grateful that we've been able to take advantage of that.

G

Those little simple things right there, so it's a simple positivity rate of 10 or greater. You know.

G

What we're highly recommending you got to wear those masks, but anything below that 10 percent.

G

It aligns with other communities that are around us and makes it less complicated, less confusing.

G

Nowhere will against kim, I know kim. That is her number one job. I lived it for two years. Had many.

G

Discussions with her didn't always agree with her, but was always respectful of her position and her.

G

Input and I believe that she did the same thing with me: we worked in a dialogue for two years.

G

So I I would just maybe make that suggestion that a 10 percent would be an easier thing.

G

It seems to be, I guess, better received across the board whether it be our school systems, and I.

G

Think it would be with the community. I just make it a little more realistic, so I just offer that.

G

It's my two cents, so thank you very much.

A

uh Well, we have a couple of residents on zoom, so we'll take those first. First up is.

J

Robin russo, please go ahead and state your address. Robin 90 fleet street.

L

Councilor bagley, there is no law regarding face masks, but there is a youtube video out. It was.

L

A senate hearing recently approximately january 25th senator ron johnson invited in all the top.

L

Virologists epidemiologists cardiologists frontline doctors, front line nurses in the.

L

Military to talk about what their thoughts were on, one of the issues was masks. Can it prevent.

L

The spread of this virus, they were unanimous and they all said no. As a result, you're seeing.

L

Countries all over the world getting rid of this mandate, so really what we're dealing with is fear.

L

It's uh basically a symbol of fear: it's not going to help anybody.

L

According to the top doctors in the country, if not the world, and so I take my direction from them.

L

And not a local health administrator, who has probably good intent but may not be as educated as.

L

She should be on this issue from the top doctors. They are really the top doctors in the world.

L

Because everyone looks to them for guidance, as you see with all of these shutdowns, of the mandates.

L

So really we're dealing with kabuki theater and I don't think we need to take people's.

L

Rights away any more than has already been accomplished, so thanks. Thank you robin.

C

All right, there is one thing that is your name and your address: carly gallante, 555, sagamore,.

C

First of all, it seems you guys didn't listen to a word. I said that this is completely not legal and.

C

Has no legal standing and people actually do not have to follow this on any regard, whether you vote.

C

Yes or no, so it really doesn't matter, but also an important statistic that I want you to know.

C

Is when my boyfriend had to go get kova tested recently um for school, and the woman who did his.

C

Test said: if your chest comes out positive, you could have covet and we said I'm sorry could can.

C

You specify what you mean by that and she said well, if you combine all the tests that are out.

C

There, for covid, only 85 of them are a little over 85 percent of them are actually positive tests.

C

So when you're, looking at your percentages and numbers, bear in mind that only 85 of those are.

C

Actually positive and accurate to their positivity, and you know what we're being you know programmed.

C

To view freedom as selfish, and it's not selfish, it's a god-given right. What you're doing is.

C

Unconstitutional and you're going based on opinion and not the actual law, and I think that's very.

C

Wrong you're using your own personal opinions, not not what is actual accurate information by our.

C

Our like governor and all the legal things I've brought to you, so I think it's I think it's.

C

Ridiculous, I think what you're doing is personal and not for the people. Thank you. Thank you.

R

Exactly 213 pleasant street there's obviously two sides of a very difficult issue.

R

And a lot of the facts that are being reported by both sides are actually true.

R

Which makes it even more difficult, I think we have to take a step back. I have to agree with.

R

Councillor bagley this eight percent 10 is really quite fictitious because new hampshire as a whole.

R

Is in very different states of its condition right now, rockingham county suffered two spikes, which.

R

Caused their the seventh-day average to go up twice, it does go up and down. If you look at the.

R

Hopkins data for new hampshire, rockingham county and not for portsmouth, because they don't have it.

R

You can see that our surrounding communities are very different, so if you look at maine, maine has.

R

Not had the upsurge that vermont massachusetts and new hampshire had massachusetts put in.

R

With a republican governor put in some pretty strict restrictions and they've now far exceeded.

R

New hampshire, in getting their incidents well below now, eight percent and, more importantly, they.

R

Were hospital loads were reduced? If you look at new hampshire, you know if you look at the reports.

R

As of this week, there were only two beds available on an emergency basis. However, when you dig beneath.

R

The surface everybody thinks that means that the hospitals are 100 percent, cope with patients.

R

They're not generally they're under 50 percent, and that's because for two years people can't go in.

R

And get care, and so now those people flooded the hospitals and then omicron comes along and we fill.

R

The hospitals again, and so that's why there are no beds and if you watched the 60 minutes last night,.

R

You heard from the nurses association, so health care has provided 53 of the health.

R

Care workforce the united states is provided by nurses and they they're quitting by the thousands.

R

So it comes down to you know. There are two circumstances that I think have been pointed.

R

Out legally tonight, the governor has passed a ruling, and, and so you know no matter what you do.

R

People can really do what they want and they are doing that. You all know that ottawa has been shut.

R

Down in their january 6th- and it's going to happen here in the united states, you watch the bridges.

R

This is going to become a calamity of two sides, arguing, as you heard tonight so.

R

My council I work in the field. I've worked in vaccines for a long time.

R

There's a lot of issues here that are political and there are a lot of issues here, follow the cdc.

R

The cdc just changed all the rules. Cloth masks do work, but the studies have been done. They work with.

R

About a sixty percent efficacy versus a 1095, which is well over 90 percent and the kn 95s.

R

Are pretty close, so what I understand is the school system can do what it wants.

R

And that's important and you know the evidence from the cdc is get the kids back to school.

R

And do whatever it takes and that kind of in a way flies against the science of this disease.

R

Because it's not going to go away, there'll be another omicron. There already is another omicron.

R

And it spreads even faster, but you know the theory. Is it isn't if you've got a higher percentage of.

R

The population more people are going to still end up in the hospital and die, which is why the.

R

Death rates are still going up in new hampshire and they're, still going up in rockingham county.

R

So then the question becomes: what is it that your health officer has given you a recommendation.

D

And it's it's just that, and so it seems that though this april date.

R

Was arbitrary, the eight percent seems too political you're going to what happens if.

R

Kittery goes from its very low percentage now up to 60 70 percent, which is a real possibility.

R

Because now it's the boosters, if you you know that the protection is different, so it seems to.

R

Me that almost what would make sense, my wife would kill me for saying this is to drop it.

R

Because people are going to do what they want, you have a governmental ordinance and you should.

R

Let the health officer give a recommendation. Now that's going to hurt the businesses some.

R

Businesses, the retail shops, who wants the authority of the city council behind them.

R

When they say you have to wear a mask or for that matter within council chambers here tonight,.

R

Or within city hall, but in the other hand the argument is going to get so intense is that when.

R

You go to third reading you're going to get a lot of people like you heard here tonight,.

R

And what's the point because omicron is going to start to go down, it's going to go back up again.

R

But it'll be a different disease and the debate will be. What did the city council really stand for.

R

So if you really stand for something pick a date and say you know it's going to end on march 15th.

R

We get the eight percent and forget statistics that you don't know how to.

R

Manage but the health officer does or just let the health officer speak for herself.

R

And it seems to me that's a better solution than the amendment that counselor cook was discussing.

R

Although I understand you did it, maybe with the health officer in mind, so there's no.

R

Right answer to this, I appreciate the chance to speak to this. I'm a big advocate of math squaring.

R

I think you can quote all kinds of statistics. The cdc is pretty clear. Most.

R

You go go to europe and china and countries that we don't like to think are important.

R

And the way you control uh communicable diseases is with masks. We've known this.

R

In japan for a hundred years already, they have a terrible allergy problem and they wear masks.

R

During the allergy season cherry blossom, they have a festival and they all wear masks.

R

This has become you know, it's my right to do what I want and therefore I'll do what I want.

R

And that's a poor argument for dealing with a pandemic and an endemic, so this is on your.

R

It's on your conscience as to what's most important for the population of portsmouth.

R

And whatever you decide, you should ask yourself: what is it really about? Do you want to see another.

R

10 people die that are your neighbors and yet, at the same time, if you pass a mask ordinance.

R

Most of the people who come here every weekend, you know by the thousands aren't going to wear masks.

R

So it almost doesn't matter what you think or say, tough situation. I appreciate what rick.

R

Said he had to deal with it for a couple of years and councillor mccarron, obviously,.

R

Was there at the time, as was counselor table tabor, it's a difficult issue, don't politicize.

R

It stand firm for what you believe and do it and don't politicize it. Thank you.

A

Thank you. We have one more uh bill. Downey, I believe bill go ahead. State your address, please.

N

uh Bill downey 67 bow street. um I agree with mostly what uh [ __ ] just said. However, at the.

N

Bottom end of the day, you guys are tasked with a leadership decision and many of his points.

N

Were valid, however, if you look at hospitalizations it's for a number of reasons, the numbers so high.

H

I think it's a matter of respect for the health care professions, as well as our safety.

N

And abundance of caution never hurt anyone we're not in the major tourist time season, so I would.

D

Encourage you to continue this chin out and be firm, there's going to be a lot of resistance.

D

Everyone seems to be a specialist and uh an expert these days, but we do have a um health director.

N

Who just shared her um her knowledge with us, so I'd encourage you to stay the course.

N

Be flexible um and uh do your best with it, so thank you very much. Thank you. Bill.

H

Sam kenny, seven palm path: northampton um am I able to ask you a question, no be able to respond.

H

Okay, you can ask it, we could come up with discussion. Okay! Well, my question is what data.

H

Do you have that show that mass are reducing covid19 in portsmouth and do you believe that you.

H

Should be able to force medically make a decision for someone else in this region in portsmouth to.

H

Wear a mask because there's studies, hundreds of studies, peer-reviewed studies that show they have.

H

Little to no effect and you're not choosing a mask you're, just saying any face covering.

H

So you're being broad by not specifying what works you're, not sharing with the community, what studies.

H

You are referring to that work. The cdc may make a recommendation on something, but the cdc also said.

H

That last year, you won't get covid with a vaccination that was proven to be false. This.

H

Video evidence of it, michelle rolinski, head of the cdc, also said, there's a 91.

H

Reduce in mortality rate in covit, it's close to the flu. Do you mandate people wear mass for flu.

H

I don't think so, I'm just asking what evidence do you have? Are you providing to make these decisions.

H

Because if you don't have any evidence that you're referring to that mask a hundred percent work.

H

You're forcing people in this area to make medical decisions beyond their own will you know whether.

H

There are exemptions in this. Many people aren't willing to take that step to make an exemption.

H

That you have rule deemed um okay. I just think it is broadly uh forcing people to do something.

H

That they don't want to do, especially when there isn't enough evidence that you are being.

H

um Sharing with the public, because, if you're not sharing evidence that this is working, people are.

H

Questioning is this just politicizing science. That's what I have to say. I think thank you.

A

Any other speakers, if not, I will oh.

A

Second bite at the apple stepping by to the apple.

R

Adam said eve, the question becomes really critical about the role of the cdc.

R

What is it, unfortunately, it's part of your federal government when we're the united states of america.

R

But this is not the first time that we've dealt with communicable diseases of serious order.

R

The speakers don't realize that there was the bird flu, the swine flu and we had ebola.

R

Here briefly in the united states and the way we dealt with, it was with quarantines.

R

So this idea that you know you have to have a study, that's why we have a cdc.

R

It's unfortunate that we don't have all the the cdc doesn't have all of the answers.

R

Even though they're leading scientists- so I I I think it's a I think of so much of the.

R

Politicizing of this issue about it's my right to make my decision versus we have a cdc and an fda.

R

The fda has actually done a marvelous job. If you look at what's going on so.

R

I just wanted to come back and highlight that when you hear speakers come up here and talk.

R

And they demand to for you to justify what your decision is going to be. Tell.

R

Us the data, that's your principle, so I can argue with you about why your data is wrong.

R

And that's what I said to make up your mind at the bottom line. What do you stand for.

R

As a council as a majority, and what do you want to do and if you want a mandate vote for a mandate.

R

And put a date on it and then and then decide to end it or. Conversely, if you feel that all of the.

R

Arguments you've heard on the contrary, say it. You know we'll let the health officer speak on behalf.

R

Of the city but the health officer, I remember in the very beginning- and I know what counselor.

R

Baxter was uh in the in the very beginning. It was very difficult to get a mask mandate. We heard all.

R

Of the same arguments that we're hearing tonight, that was two years ago, so I'm speaking forcefully.

R

Because I think at the bottom line you are elected, but you also have a conscience.

R

Seems, like that's the trouble we have at the federal level as we elect people.

R

But then they do what's probably um not on what they might really think or say, and I'm.

R

Asking you to explore in your own way your own self views on covet and make a decision.

R

And there's not going to be a right decision. I apologize for coming up a second time and.

R

Wasting your time, but I thought there have been other circumstances where the cdc has acted.

R

And it just wasn't at the level, unfortunately, that cove is that.

D

D

He's going to take a second I'm going to take a second, so rick bexley again, 1395 is indian street.

G

Based on my experience with everything the date, the dates is is problematic. It's it's.

G

A hard thing um I mean tony sullivan will go and admit to that. We had a hard-line date. Last.

G

Year, it was supposed to run at the end of june. We ended up going and doing june 1st versus june 30th.

G

And it was recommended by kim mcnamara that we wanted to go and do the end of the month.

G

And the council went and so chose and it was based on percentages. The percentage works.

G

uh I think it's just going in and creating a level playing field that makes sense rather.

G

That that that percentage, that you've got two percent, I think a 10 percent would go and work.

G

It simplifies it and makes it easier for everybody. It can be done. Bob sullivan actually told me that.

G

It was we had the special meeting on thursday we did and and the first reading, and we did second.

G

And third reading on that monday and within four days bob five days, it was the quickest we had ever.

G

Actually dissolved an ordinance um within that time frame. He had never seen that be done in the.

G

40 years that he had been here, so it is possible, but it becomes challenging and difficult and.

G

More meetings, I'm sure uh mayor mckechn, wouldn't want any more meetings and absolutely necessarily.

G

Bless you and- uh and uh you know just again, it simplifies it percentage-wise rather than picking.

G

A date it makes it quicker and it sends that message out there so again. Thank you very much.

A

Thank you rick. We have robin rousseau on zoom for a second time.

L

90 fleet street, so we're we've become experts because we've had to become experts because we've.

L

Been lied to, unfortunately, um and if you sat in on that senator ron johnson hearing with all the top.

L

Doctors in the world, they all asked for the senate to please open up an investigation on the cdc.

L

Fda and nih saying that they were corrupt they're stuck with pharma executives, not the top doctors.

L

In the world they're the top doctors in the world- and they said these organizations are approving.

L

Drugs um very inappropriately, without the right testing they, the cdc, is giving out wrong guidance.

L

And deceptive guidance and the nih is in bed with the pharma companies and a lot of the.

L

um Top directors at the nih own stock in these pharma companies so.

L

If you have to do your own homework and that's why I think the local.

L

Health administrator or the local doctors have very good intentions, but you really.

L

Need to do your own homework and look at what the top doctors are saying. So I stand and.

L

Someone said you have to know where you stand, I stand for honesty and integrity and I also stand.

L

For your freedom to make your own choices for your own health care. Thank you. Thank you. Robin.

A

No other hands uh close the public hearing yeah. I have a parliamentary.

Q

Inquiry for the city attorney, if we adopt this amendment tonight at.

Q

Eight percent can we still change it to maybe ten percent at the third reading.

D

An ordinance can only be amended at by majority's vote that second reading. If you pass second.

D

Reading tonight and it goes to third reading- it could still be amended, but it would require a two.

D

Thirds suspend the rules. Thank you, counselor bagley. um Thank you. Your honor uh just want.

N

To address some of the comments, and maybe for for those at home, you know how you know I was elected.

N

Not to enact or unenact mass mandates- and I certainly wish we didn't- have to deal.

N

With them, because there's much better and more important things we could be doing in the city.

N

The way I look at it is, I suffer. I have not the best set of lungs, so I have a pulmonologist and.

N

I know some other doctors in the area and I asked for their guidance and as I am not an.

N

Expert in this field, I go with their guidance because they're doctors, I know and trust.

N

If it wasn't for the mask mandate, I probably wouldn't be wearing a mask right now, when I go.

N

Into a store before the mandate was in place if people were wearing a mask to put it on, if people.

N

Weren't, I wouldn't the reason we're passing this, or at least the reason I would look to pass this.

N

Is we're going to go from 30 40 people wearing masks to 80 90 percent people wear masks because.

N

Most people are going to follow the rules if, if it's a factor, rule and masks are helpful.

N

I'm not a scientist, I don't know the peer-reviewed studies, but I've spent a lot of time in in.

N

Countries such as china and japan and taiwan, where they wear masks when you're, sick and.

N

You know the antidotal evidence is there and the scientific evidence is there.

N

If we pass this tonight, it's uncomfortable, it's less desirable to be wearing a mask, but it's.

N

Going to loosen the load on our hospitals and I feel it's going to help keep our schools open.

N

I'm not personally in favor of a mask mandate, and I wish I didn't have to wear it, but.

N

uh I think we can all agree these last two years. Lots of things have happened that we wish hadn't.

N

Because of covid- and I guess I'd express my feelings like that, so people can know where I'm.

N

Coming from and why I'm gonna vote the way that I'm going to vote uh and then just to top it off.

N

A parliamentary inquiry I seconded uh councillor, denton's amendment, so I believe it's a friendly.

N

Amendment uh councillor, cooks, oh, is it a friendly amendment? Okay? Well, then, that's the vote. Then. Okay,.

A

If it's a friendly amendment, is it yes, whatever? Yes,.

Q

Since that's a friendly amendment, my understanding is the final vote. We're.

Q

Going to take is on that version. I have one last amendment which I'd like to offer.

Q

So, for everyone's knowledge, this amendment's going to be to what is now section 3.1104.

Q

Public health directives and it currently reads any person in the city at any time, shall comply.

Q

In all respects, with any public health directive issued by the health department, so the amendment.

Q

Which I'm going to offer so it's a motion to amend to add the following to the end.

Q

Of section 3.1104 public health directives, any health directive issued by the health department.

Q

That is more restrictive than this ordinance will be brought as an amendment.

Q

To this ordinance for first reading within 10 days of that health directive being issued.

Q

That health directive would remain in effect until the amended ordinance is defeated at.

Q

Second, reading defeated that third reading or successfully passes third reading and.

Q

I could read that again: anyone would like so again. This is adding these sentences on.

Q

And it would read any health directive issued by the health department that is more restrictive.

Q

Than its ordinance will be brought as an amendment to this ordinance for first reading within 10.

Q

Days of the health directive being issued that health directive would remain in effect until the.

Q

Amended ordinance is defeated at second reading, defeated at third reading or successfully passed.

Q

This third reading- and if someone seconds this, I could explain why very quickly. Second, so this.

Q

Would allow the health department to issue more restrictive, temporary covenant health directives.

Q

However, it would trigger an automatic democratic oversight process with health directives. Then.

Q

Being voted on by us as amendments kind of like we did here where the health department issued their.

Q

Initial directive, then we brought it forward as an ordinance. It'd essentially be the same.

Q

Process where, within her right, if the health officer offered or issued a health directive.

Q

That was more restrictive than anything we eventually passed with this amendment, then.

Q

Within 10 days it will be brought to us as an amendment to this for first reading.

A

Is there a second, I second it, but I think it's up to counselor cook if he wants to use a friendly amendment, make it friendly.

M

Yes, I think this seems reasonable.

A

All right we got another friendly amendment is so uplifting.

E

I have a question because I, if and correct me if I'm wrong, but I believe.

E

One of the discussions we had the last time we were talking about this was that the schools were.

E

Using the eight percent, not the 10, that we heard tonight, so I just want to confirm that we are.

E

Trying to align ourselves with what the schools are doing and that we're doing that appropriately.

A

That is true. The schools are at eight percent. Thank you any other.

A

Comments: questions, okay. I just I have a couple of comments um and I'll pass. The gavel.

A

The assistant mayor- I guess not for this part, but the.

A

It's difficult, I think, in this process, and I understand that it's political, I understand.

A

Also that, as a politician, uh because we're all politicians, whether we like the term or not,.

A

uh Up here um that by the simple act of us doing something makes it political. But I can assure.

A

Anybody that's out there listening. This is the furthest thing from my mind,.

A

When it comes to enacting anything like this, in fact, I think uh when I was elected uh mayor, I I.

A

Told my wife well you're not going to be seeing me pass any mask mandates.

A

And she pointed out to me, you know very quickly uh that I was that I was wrong about that.

A

But I'd like to correct the record on one thing when I or I believe anybody on the dais votes.

A

To do anything uh on on this magnitude, it is not out of a desire to control, um it is out of desire.

A

To serve uh to serve portsmouth to the best of our ability to think of the information that.

A

We have at our disposal it's disappointing to hear members of the public state that we might need a a.

A

Our health officer might not be capable she's more than capable.

A

It's difficult to understand that many in this country, don't unders, don't believe the cdc.

A

We don't have another centers for disease control, it might not be great, but it's the best one. We got.

A

And so I agree with putting a percentage on there again, it's not perfect.

A

It's difficult um to say the least. I'd also agree with councillor bagley's points around.

A

Trying to make it so that it it's not something that it's a maybe we're there, maybe not I'd like.

A

To have you know, potentially in third reading higher numbers to reenact it, because I think.

A

That would be more clarity uh to those that are you know, following this on on a day-to-day basis,.

A

But the action that we take- it's never perfect, um but as one member of the public.

A

uh Stated tonight you know, make a decision and stand by your convictions.

A

I will tonight I will be supporting this, not because I want to enact some sort of control.

A

Not because I believe this is a political tool, but because of the evidence that I see in our.

A

Best effort as a city council to make sure that we are doing our best to protect the city.

A

Which we all love that we all serve, I will be supporting this amendment.

A

Thank you assistant, mayor.

A

So with that uh a roll call vote, please kelly and I won't make you read back the amendment, but we do.

A

Have uh the amendment from councillor cook uh marking it at an eight percent.

A

And we also have uh the amendment from councillor denton. That would require any.

A

More restrictive measures to come before the council is that correct, as I understand it, okay.

F

So this is on the amendment. Oh, they were both friendly and then they were both friendly. So.

F

This is a so this is. This is the only vote we're going to take on public hearing b tonight? Sorry.

D

Assistant mayor kelly: yes, yes, counselor taber, yes, counselor denton, yes, councilman morelle! Yes,.

D

Counselor bagley, yes, council lombardi, yes, council, blaylock, yes, counselor kirk,.

M

Yes, mayor mccachren, yes, it's unanimous! Thank you uh with that. uh Oh we got a presentation.

A

And then we'll take a five minute recess. Thank you uh mark uh for being very patient.

A

Glad I saw that didn't make you wait any longer. I think it's by zoom. It is mayor, I'm happy to bring.

J

Forth us panelists mark dabowsky and tim whitney from greenman peterson incorporated they're the.

J

Consultants for new hampshire, d.o.t joined by them is michael dugas from new hampshire, d.o.t they'll.

J

All be here tonight mark is uh slated to give the presentation and I will bring it up as I'm talking.

J

But this is the hampton the portsmouth former pan am rail quarter that runs parallel to route 1.

J

And they'll give a brief explanation of the project and they will answer any questions and.

J

This really is their initial point of contact with us, as their design is in the preliminary stages.

J

And they do anticipate public meetings in the future. So with that, I will turn it over to mark.

S

Thank you uh just to clarify. Will I be sharing my screen for the presentation, or will you be.

S

I think we've got it on this unmark unless it's easier for you to do so.

S

If you don't mind, I can share mine. That just means I have the latest one to be sure. Okay,.

J

So um kevin our producer, um if you're listening, if you can allow mark to share that, would be great. Thank you.

B

S

Could one of you, let me know if you were able to see my presentation? Yes, we are.

J

Thanks: okay, perfect! Thank you. Thank you for the opportunity to be here with you here tonight. My.

S

Name is mark dubowski with greenman peterson, I'm a consulting engineer for the new hampshire d.o.t.

S

I'm the consulting project manager for the seacoast rail trail project. That's currently in.

S

Design that I'll be talking to you about tonight, I will try to be brief, because I know it's been.

S

A long meeting already tonight and I'm joined as as you mentioned, with mike dugus, the state.

S

Highway safety engineer and tim whitney both are available to answer questions along with.

S

Me, if you have any- and you can stop me at any time during the presentation, but I have about a.

S

Dozen slides to go through and, as I mentioned, I'll, try to go through this pretty quickly the yellow.

S

Line shows where our project is. It goes through the towns listed here with portsmouth up at the.

S

Top and uh the the black lines, which are a little difficult to see I'll, have a different slide. That.

S

Shows this are the the town boundaries, but it stretches from portsmouth down through hampton.

S

And the this project, which stretches all the way up and down the eastern seaboard of new hampshire.

S

Is to improve the condition of existing railroad corridor? It's the old hampton branch.

S

That was purchased by the state of new hampshire, the d.o.t and it's to be improved to accommodate.

S

Bicycles and pedestrians, so the portion that we're talking about tonight is the dotted.

S

Line portion that you see on your screen here.

S

What we're doing to this rail former rail corridor is, we are removing the rail ties that are.

S

There today clearing the vegetation there are invasive species present that we have to deal with.

S

We are making drainage upgrades, there's an extensive, closed drainage system in hampton.

S

That we're dealing with doing ditch, regrading and surface drainage rating modifications at the.

S

Roadway crossings we're actually doing the trail construction itself. There are a couple bridges.

S

On the trail, doing rehabilitations of the bridges and doing some cross-culver replacements as well.

S

I didn't I forgot to mention something on this previous slide is that there are.

S

Two other projects that the new hampshire dot has in the current 10-year plan.

S

To cover the full distance between this dotted line and the state line of massachusetts.

S

So from the bottom of the dotted line down to the state of massachusetts that.

S

One of the projects is in hampton and hampton falls, and that is 2.3 miles. That's slated for a 20.

S

30 construction and the southernmost portion, the seabrook portion, is slated for.

S

2020, I'm sorry 2032 construction, so those are both in the 10-year plan and.

S

They are, it will happen if the plan continues forward, as it is today.

S

There are a few environmental concerns on the project. There is soil contamination.

S

There there's an adjacent.

S

Dumping site that is contaminated, there are historic resources on the railroad.

S

And there are wetlands that need to be preserved.

S

As part of our required environmental evaluations, these are the these are the primary obstacles.

S

Not obstacles but resources that we're trying to protect and processes that we need to go through.

S

So obstacles was the wrong word in portsmouth, so that the city of portsmouth, the boundaries.

S

Are outlined in yellow here and if this is route, one in this, this yellow line and route, one bypass.

S

Coming up over to 95, uh the proposed rail trail is in that pink or that pink line, magenta line.

S

And inside of portsmouth, you can see it's pretty much in between 95 and route 1. and it runs up.

S

To the north here, where another inactive branch does come in from the west.

S

And it's at barbary lane, where just just south of route 1 bypass where the project ends.

S

To give you an idea of what we're planning to do, here's a picture of another rail trail in.

S

New hampshire, this is actually the cheshire branch rail trail over in the keene area. This is what you.

S

Could expect this rail trail project to look like when it's done a 12 foot wide stone dust surface.

S

Two foot wide grass shoulders on the side and clearing you know enough to to allow for the.

S

Rail trail, I'm going to show you a couple pictures of the actual rail trail in portsmouth. To give you.

S

An idea of what it looks like today and and what we plan to do to it and on most of the trail there.

S

Is a rail line whose ties have been removed, and this is what you see is the double track here.

S

Of people people are using this today. Some places about 70 percent of trail looks like this.

S

Where there is no standing water, it's relatively dry and you have a track. That's been removed.

S

And then over on the right side, it might be a little more difficult to see, but there are still.

S

Rail ties there, so the corridor itself had two rail lines. The left and most rail line had its.

S

Ties removed and some of them are piled up on the side. Some of them have been removed.

S

Off-Site but we have the second line of rail ties and as part of the new hampshire dot's agreement,.

S

With the city of portsmouth and the other towns along, the corridor is to remove all the rail ties.

S

In the corridor, so the project will remove the rail ties, trees and shrubs that have grown up.

S

Through them and it'll provide that stone dust or fine, gravel wearing surface of 12 feet wide.

S

Another section in portsmouth that is typical of the trail looks like this. Where you have slopes.

S

Coming down on both sides towards the trail, and some of these do tend to trap water and one of our.

S

Tasks in these sections is to not only remove the rail ties which are difficult to see they're over.

S

Here on the right side of the picture under the leaves, but it's to and to remove the vegetation.

S

But it's also to develop ditches on both sides of the rail trail, because those ditches are needed.

S

To convey to take the water off the rail trail and to keep water from ponding on the rail trail.

S

Itself, so this would end up with a stone dust. Surface 12 feet wide with two foot grassholders.

S

There are some portions of the rail trail in portsmouth that look like this.

S

It's wet, there's standing water, there's mud and there there are still rail ties over here on.

S

This right side of the picture, where the line has the trees growing up in it, and the idea here is to.

S

First, remove the mud and the muck that's down in this. This rail line remove the ties and trees over.

S

On the right side spread, the existing ballast over both sides put gravel down, raise the trail a bit.

S

Establish ditches on both sides and then put down the stone dust surface. So in situations like this.

S

We have a lack of ditches on the side of the rail trail and it's leading to the ponding of water and.

S

We're going to try to improve that to get the water off the rail trail.

S

To show you just a couple example: photos of some features inside of portsmouth.

S

The photo on the left is the pickering brook crossing what's happened here is it has been.

S

Partially excavated and the trail, this is actually like a reinforcement of a slope and the trail is.

S

Running up at the top corner of this photo, but the trail the rail line used to run over this. This.

S

Open culvert, so this is one of the culverts that has been damaged and we need to do work to it.

S

Over here on, the right photo is a granite block cattle crossing that the cows actually used to.

S

Cross underneath the rail line through this crossing, this will be maintained. It's.

S

It's of historic value and the rail trail will, you know, be on top of it.

S

We one thing I want to mention is that we have taken this project, which, in total, is 9.6.

S

Miles long from portsmouth all the way down to hampton, and it has been split into two projects.

S

The northern segment is the portion that contains portsmouth and that northern segment is 7.9. Nine.

S

Miles long and there's a southern segment which has been split off into a second project which.

S

Is 1.7 miles long and in between the two of them over here on the right at the hampton northampton.

S

Town line there's a triangular piece of property that is currently a new hampshire, d.o.t owned.

S

Property that has a maintenance shed on it, and the idea here is that this could possibly become.

S

A trail access point and the project would split here and this northern segment. This pink line.

S

So stretching all the way to portsmouth we're advancing into design more quickly than the.

S

Southern segment and the reason for that is because there are some drainage complications.

S

In the hampton portion of the project, there's an uh there's a closed drainage.

S

System underneath the rail trail, that is taking extra time to study and engineer.

S

And we want to advance the northern project as quickly as we can, but the idea is here that.

S

The northern project will probably take two construction seasons to build, whereas the.

S

Southern project being shorter, we'll take one, and so even we will start the northern project a year.

S

Ahead- and we will finish both at the same time and I'll- have a slide on the schedule to clarify that.

S

The the cost of this is the northern 7.9 mile segment, which includes portsmouth we're estimating.

S

It to cost 5.1 million dollars for about 8 miles of trail and the southern segment, which includes.

S

More complicated drainage features is about 2 million dollars for 1.7 miles. These prices for.

S

Miles and these costs are pretty typical of what we have seen in other rail trails with new england.

S

And there's also an east coast greenway design guy. This trail I didn't mention, is part of the east.

S

Coast greenway, which is a trail that connects, is going to connect callus main the canadian border.

S

All the way down key west florida, so this is our new hampshire portion of it, and I do want to also.

S

Mention and tied to this cost estimate is that the funding for this project is in the draft 10-year.

S

Plan and it has been approved by new hampshire dots, so the funding is there for this project.

S

Last two slides deal with schedule for this northern 7.9 mile segment, which includes.

S

Portsmouth we're right now in the midst of public officials, meetings, of which tonight is one of them.

S

And we're going to each town and city along the corridor and presenting what we're doing and.

S

That takes place this month, we're completing our the initial phase of our design. Our preliminary.

S

Design this month as well in the spring, we will move into public informational meetings.

S

In which we ask members of the public to come comment on the project, we'll present it to them.

S

We'll move forward into final design march through november, and we anticipate construction for these.

S

Two mile for the 7.9 miles of the northern section to take place between 2023 and 2024.. We anticipate.

S

Two years of construction and and the reason for those two years just to mention, is because.

S

We, the access points, are difficult on the rail trail and it's going to take the contractor quite.

S

A distance to back in and out to remove rail ties to bring the gravel in and out and the mud out.

S

I should say the mud out the gravel in and then for the southern 1.7 miles in the hampton section.

S

We're following a similar schedule, but longer as I mentioned, it's it's delayed by a year compared.

S

To the northern segment, final design will be in 2023 and construction in 2024 again, so that.

S

Both projects will be complete by the end of 2024.. So that's the end of my presentation.

S

And I'd like to um I'll stop sharing my screen, and I would like to open it up for any kind of.

S

Comments that people have or questions mark you any questions from the council, counselor ombardi.

A

um Where are the access points to the trail? um Are there multiple ones throughout the trail.

D

How do you get to it, thanks for asking that I meant meant to mention something about that.

S

The project itself that new hampshire dot is doing and that we're working on.

S

Is only the trail, we are not designing any access points.

S

There are people who are working on access points for the trail. That's just not part of our project.

S

Scott bogle, with the rockingham planning commission is, is spearheading that effort.

S

One of those access points is possibly going to be this triangular property.

S

Between hampton and northampton kind of in this split between the northern and southern segments.

S

There is, you know, there's an access point off of barbarian lane up portsmouth there.

S

Are other access points, potential access points down along the trail, but.

S

Like I don't know, if you want to say anything else about that other than it's just.

S

Unfortunately, it's not part of our scope of our project, but other people are thinking.

S

About that planning, that's correct, mark and good evening, everybody! I am mike durkis, I'm a highway.

G

Safety engineer for the d.o.t, um as mark said, the agreement that was executed with the communities.

D

Explained that this project would would construct the trail proper.

G

That any amenities beyond that would be upon the communities to finish.

D

um I'd note that in in my review of the portsmouth capital improvement program for a number of years,.

G

Now they've they have recognized the need to put effort into establishing uh formalized trailheads.

D

So this trail will cross public roads within portsmouth at ocean road banfield um a foley.

D

Drive, I believe you call it and then also as mark said, the terminus will be at barbary lane.

A

Any other questions.

D

Thank you mayor. um Yes, besides, you mentioned, if there was an access way, the community.

D

Would be responsible would be the community responsible for any other parts of the trail.

G

Yes, well, the major part of it of the agreements that was executed stated that the dot is.

D

Responsible for the initial construction, as I explained and then once it's finished, it will.

D

Be turned over to the respective communities for maintenance of the section within their community.

D

And so the maintenance going forward, the routine maintenance would be on the communities to.

D

To take care of thanks, thank you, you're welcome! So now I have. uh This is probably likely a simple.

A

Question, but um is there any expectation on the maintenance, like it's a gravel, so it's.

A

Not like we're going to be plowing it for to maintain running or biking. Would we just assume.

A

To leave it in a natural state in the winter to allow cross-country skiing the agreements.

A

That that we have with other communities on how that's it's going to be maintained,.

D

I say that's reasonable, it's for non-motorized use, so I don't see the need to to groom it or.

D

As you said, plow it, the maintenance is really expected to uh involve clearing fallen, trees.

G

Making sure the the brush, alongside the trail, is maintained, but the simple routine tasks.

A

Well, thank you. I don't think we have any other questions really excited about it. I.

A

Know that a lot in the community are uh excited that this made it into the 10-year draft plan.

A

um And appreciate the work that you guys have obviously uh put into it and the time you took.

A

Tonight, to present it with us so with that, I'm going to call for a a five minute recess.

A

And uh we'll meet back in here at say: seven minute recess, 9 35. Thank you.

A

All right welcome back next on the agenda is council items. I all started off appointments.

A

To be considered, uh genevieve allshield to the blue ribbon committee on portsmouth arts.

A

And non-profits and jeffrey bera cloud to the blue ribbon committee on portsmouth arts and nonprofits.

A

Those again will be brought forth at the next meeting to be voted, appointments to be voted.

A

Will be jason hutt to the cable, television and communications commission.

A

Chris benesic to the cemetery committee, eva boyce, to the cemetery committee, uh deirdre d,.

A

uh Forte to the cemetery committee, michael griffin, to the cemetery committee, donald don margerson, to.

A

The cemetery committee sue palidor to the cemetery committee, carrie rubinstein to the cemetery.

A

Committee, susan steri to the cemetery committee, steve detroil, to the sustainable practice.

A

Blue ribbon committee and jay wieberman to the state sustainable practices blue ribbon committee.

A

All in favor, aye aye, all right next up is the appointment of the governance committee. I was.

A

uh Very excited uh with councillor cook uh the time that she put into this. uh I.

A

Expect there will be much work uh that goes into this and ultimately.

A

um We're only as good as a government at the process and rules that we follow.

A

So really pleased that you can have uh councillor lombardi uh councillor, taber and councillor cook.

A

Continue on that good work, uh look forward to the report backs uh to come and any recommendations.

A

uh That might follow next up is the approval of actually. First, I will uh have a late edition.

A

On on this, uh the city, um the following members, uh were at the on the swag, uh safe water.

A

Advisory council at the end of 2021 uh b, cliff losenby uh and myself, david mccaffrey and.

A

Communion members, andrea mikko, katri, hillman, rich, deep and teammate in one vacancy, along with the.

A

City of portsmouth fire department, bill mcquillen, the city of portsmouth water department, brian.

A

Goetz city of portsmouth health department, kim mcnamara city of portsmouth, school board, hope ben.

A

Epps environmental scientist, dr royal schroeder, new hampshire state representative, david.

A

New hampshire state senator rebecca perkins coca, when reinstated by the city council on.

A

January 22, the following city councillors, were selected to serve on the safe water advisory.

A

Safe water, advisory group, rich blaylock and vince lombardi- and I am stating this as such.

A

That these are the members and memberships of this uh committee uh going forward. So thank you.

A

For listening to me talk a lot and then um we will have the approval of council rules and orders.

A

uh I await a motion uh to approve the council rules and orders, as amended in your packet.

E

So move journal. Second, I'd like to a discussion offer an amendment.

Q

So this would be a motion to amend rule 43 b. Give everyone a moment to find it.

Q

And this has to deal with the public dialogues.

Q

So my motion is to amend rule 43b by replacing on the night of every other scheduled city.

Q

Council meetings with of citywide neighborhood committee award forms there's a second hour. Second,.

Q

So I was on the council that initially adopted the public dialogue sessions. It was a good thought to.

Q

Have them it was always the same people came to speak at public comment, participated in the.

Q

Public dialogue and we were always trying to think of ways of how we could improve it and.

Q

What this would do is it would move it from city hall, so, instead of having at every other city.

Q

Council meeting it would be at the city-wide neighborhood committee board forums where.

Q

My understanding is, each ward has at least one was a presentation by the city and then the.

Q

Counselors could get there 45 minutes early and we could sit down and interact with the dialogue.

Q

It should be a different set of residents with all residents.

Q

But it should be more likely to have residents from that ward attending.

A

Any other discussion on that.

A

Councilman, um I think that's a good idea. Actually I had a giant why, for this entire section is.

E

Because we haven't done it in a long time so, and I now you've just answered part of my question.

E

As to why and it's because you don't get a lot of differentiation but doing them at the ward.

E

Meetings- and I think, there's probably other opportunities that we could do that at already.

E

Existing public meetings that may happen as well, so maybe I think we should put it in such a way.

E

That we could make it very flexible to be able to add that to another meeting, if we needed to do.

E

So if there was, you know whether it's a city-wide, neighborhood committee meeting, that's going on or.

E

Something like that you're going to pass the gavel, uh so I I think the intent of this is great if we.

A

Could change it so uh that it's it's flexible? I think one thing that I've said in the past and.

A

I think a number of other counselors have said is: can we move city hall to other parts of the.

A

uh Of portsmouth, um certainly not on an you know, regular basis, but to try to touch the.

A

Five wards, in our two terms, I think, having a dialogue session attached uh to that would be.

A

um Something that we could do so if we could just slightly uh change the wording to offer.

A

Some flexibility around you know having these outside of city hall, or you know, at a.

A

Your entire amendment, or as.

A

Possible other alternatives, something along those lines. Joshua, I think you could on the fly, come up.

A

With something um yeah give me a moment here, but I accept that friendly man benefits, um it may be.

N

If we're continuing with the neighborhood uh city meetings, my understanding is those rotate around.

N

There at the middle school they're at a little harvard so is that what you were asking still.

N

At the neighborhood committee meetings, but not in these chambers for the public dialogue, uh no.

A

I simply uh I would like to see us have city council meetings outside to bring city hall to.

A

Other neighborhoods, that's a, but that would come through the governance committee. If.

A

There was something that we could possibly uh bring to. You know really promote engagement.

A

I I put that on on top of josh's, but you know I think, for the effort of or for the sake of.

A

Clarity and brevity, except the motion, is written and for uh the governance committee to come.

A

And take a look at this further with uh ways to adopt uh this rule further, but.

A

I would like to change it tonight only since that we continually not have it here.

A

Not something that I'd like to have moving forward, should I restate the original motion.

Q

All right, so the motion is find it okay to amend rule seven by adding.

Q

Like one moment, one position motion to amend rule 43b by replacing on the night of every.

Q

Other regularly scheduled city council meetings with of citywide neighborhood committee ward forms.

E

Which only happened quarterly right.

Q

I believe it is quarterly, but I can't speak too yeah. I think it is quarterly.

A

Passing the gavel again, um maybe a simpler way that we could.

A

Do this would be to state the city clerk suggests amending the rule so that no.

A

Public dialogue occurs only at city council, work sessions and or public dialect sessions.

A

And or other noticed, public meetings occurring no more than quarterly.

Q

I'm open to that as well. Okay,.

A

All in favor aye, aye, aye, aye, aye.

A

Any other real change, uh counselor denton. I have a second amendment and it's a motion.

Q

Not to adopt the proposed changes to rule seven and that's the order of business.

Q

There's a second: I can speak to that as well.

B

Sure so um the primary difference between what's proposed and what we currently do is what we.

Q

Currently, do it has the mayor and the city councilors go before uh the same manager and.

Q

Staff- and I was one who previously amended the rules to have the mayor and city counters, go.

Q

Before staff, that was essentially done for two reasons: um the first reason is just the form of.

Q

Government, because the public would speak during public comment and then it would be the mayor. The.

Q

City council is where the public represents and then staff. The other reason. Why is a lot of the.

Q

Things that we bring forward are pressing issues in the community like outdoor dining and before.

Q

This amendment took effect prior councils, had the city councils going very last on the agenda.

Q

And you would have people waiting until 11 o'clock at night to hear what the council has to stay.

Q

And under either version of the rules could be suspended.

Q

So if we make this amendment going back to how it used to be, then a city councilor.

Q

Could motion to move their item forward, but that's kind of awkward moving. Your item forward.

Q

Versus if we stick how it currently is without the change, which would be city councillors, go first.

Q

At any point, we could pull a hot item off the city manager's agenda and move it ahead of ours.

N

Counselor baglet, um I agree with councillor denton on this.

N

As somebody that attends quite a few city meetings, it's nice to.

N

See something under a counselor's name uh come to the meeting speak to it and then have it come up.

N

Relatively soon in the meeting so that you can then leave after that uh item of interest. But.

B

You're on counselor tabor, um could we hear from staff as to why the recommended change.

J

If I may mayor sure.

J

There was uh the precedence in in the last two years at least the two years. I've been.

J

On board um that to um put the city manager items um toward the end of the agenda uh lent itself to.

J

Real late appearances, whether in person or now, fortunately via zoom by the staff.

J

And so it was essentially a request of me to that. If there were an expectation on the part of the.

J

Council to have staff present, um it would be my preference not to have staff work. Super late.

J

If that's possible, so it essentially came from my my desire to see staff not need to regularly.

J

Spend late nights here there I can say that it is better to have folks participate via zoom.

J

That's been an interesting silver lining, accommodation from the pandemic.

J

But quite frankly, I'm happy to be here, and I know there are key staff that need to be here.

J

But it was essentially to allow those staff not to stay extra late. Thank you.

A

Any other questions I'll pass the gavel and speak on it. Since I- uh and you know you always.

A

uh You tend to make the rules fit what you had uh previously and we had a lot of late nights. Those.

A

Could come back again once we get used to each other, we might start talking a whole lot more and.

A

Nights could go on, and so it was a staff decision. It was also it tended to be um a number of the.

A

uh Action items that we would need to take, um you know, sign permits or uh emerging of lots, tended.

A

To have lawyers you know hanging around here as well billing hours at the you know, I'm assuming.

A

They're billing hours- um and uh that was you know, trying to get uh folks in and out. I do hear uh and.

A

You know this is not. This was my well when we were talking about setting the agenda. That was my first.

A

Question is: could we move some of these up, so it wasn't just uh uh city stuff uh requesting this? I.

A

Thought it would be um a good idea to pull forward. I do think that if there is a um a.

A

A an item that gathers the public interest- um and we said it could go both ways.

A

um That you know grabs the zeitgeist of portsmouth and we stay. You know we.

A

Want to pull this up, uh I think that that is easier to do than necessarily pull a.

A

A presentation up for you know, I believe that a lot of what we do as a council is much more.

A

Forward-Looking than some of the things that we have to act on immediately, and so that was, I guess.

A

The reason why there was informational items that I would hope that the city.

A

That was sticking around to hear us talk about, would hear, and there was a lot of good information.

A

That folks, just didn't hear at the end of a meeting, because once that that key point.

A

You know that was brought off by a counselor was lost or was passed through. uh They wouldn't stick.

A

Around to some of those those key points on the informational item, so the informational items were.

A

Found themselves kind of just you know, on on youtube and not necessarily in the moment.

A

And then I think that again, some of these action items were you know, keeping staff as well as.

A

You know others in the community here uh much further uh into the night, but I look forward to.

A

If we can we'll have a of a roll call vote on this, and- uh and this is just on the.

A

The proposed change on rule number seven order of business correct, so voting yes now means.

Q

That you want city councillors to go prior to the city manager. Yes, correct, correct, yes,.

F

Assistant mayor kelly.

L

No counselor tabor, yes, counselor denton, yes, councilman, no counsel, bagley, yes,.

D

Council lombardi, yes, council, blaylock, no council cook, no mayor mccachren, no.

D

Motion fails five to four four in favor of five opposed motion passes. I'm sorry! Oh no,.

D

A

All right, um and so now uh are there any other uh items: uh counselor taber, yes, uh rule 41,.

B

Members of the public addressing the council by suspension of the rules.

B

um I would make a motion that we keep the old language. I.

B

Often we all find there's somebody out there who is a better expert.

B

Than we are and the effect of the change.

B

Would take us from requiring a simple majority to hear from a member of the public to two-thirds.

B

And the language in the original limits, the speaker, the guest speaker of five minutes, which.

B

I think is a nice boundary to place, and so I would propose that amendment if there's a second second.

A

Any other comments on that.

A

Counselor, I'm really just looking for more of an explanation, so this is outside of public comment.

E

Outside of a public hearing, the council just can allow someone to speak without.

E

Giving them permission by a vote yes and that's happened.

B

No, we have to vote because well, the okay, so pass by a majority vote.

E

Okay, all right, but so, if we're changing it the way it said.

E

We'd have to vote to suspend the rules to allow it so, which is a two-thirds vote.

A

What's the difference, I guess is what I'm it's one vote. One one vote: okay, yeah! I I'm see you see them.

B

And the benefit fully understand what we're talking about here.

E

I guess I I could be swayed either way. Go ahead. Try.

B

Well also, the benefit of the the five-minute rule.

E

We could add the five-minute rule to the other part too.

B

So I I just there are occasions I've experienced it where we're talking about a major project in.

B

The city- and we have a question and the people with the closest knowledge are right there and.

B

It can actually speed our debate on and give us information.

B

I I'm not saying that we want to open up our meetings to to be a dialogue.

B

I'm saying that occasionally we would want to vote hear from somebody who knows a lot about a subject.

M

Councilor cook, um thank you mayor. uh I have a question on the explanation says this that this.

M

Change was made to conform to the rules of current council practice. So has the council in the past.

M

Been suspending the rules anyway, even though that wasn't the rule on the yes, the current council.

D

Practice will suspend the rules to allow a person to speak other than public care conversation.

A

So, just to paraphrase or to simplify it, what we should have been doing over the last two.

A

Years per council rules was uh if somebody was requested to speak, we would vote and.

A

uh Five members voting in the affirmative would allow that person to speak.

A

What we have done is to spend the rules each time in order to do that, even though um uh that was.

A

Just a uh except for public comment sessions. uh That is not, um I guess what we've done uh here.

A

uh Counselor tabor, um since this is a address by the public, would you accept a friendly amendment.

A

To refer rule 41 to the governance committee and come back with a recommendation on uh on this.

A

Since it deals with public dialogue, I would rather that's fine I'll, be happy to do that.

A

It's a second degree event. Yes, okay, uh all in favor, just a voluntary inquiry. Did you make the.

N

Appointments to the polymer entry, I did you missed it. Oh I missed it. I was asleep or something yep.

A

Council rombardi counselor, taber and counselor cook: okay, excellent. That was right before.

A

When can you miss it? It was right before this thing we're talking about right now: okay, all right.

A

But um so all in favor of referring.

A

Rule 41 addressed by the public to the governance committee.

A

Any other uh questions or amendments on rules that we have in front of us.

A

Oh uh all, in favor of the proposed changes with the amendments, hi hi all right.

A

Okay, oh one little thing uh mcintyre, so I have a verbal uh report on this um two. uh I guess.

A

Things that I'd like to share on this one, we had a non-public meeting um in that uh we heard from.

A

From our attorney uh on this, given the litigation that we face, um uh first, I'd like to share uh with.

A

The city of portsmouth our path forward on this, I did not reappoint the mcintyre subcommittee.

A

And the reason I did not appoint a mcintyre subcommittee is that the charter is pretty clear.

A

When it comes to legal matters, uh ones where we find ourselves in right now, the city manager uh is.

A

The the sole person that is hiring and should be engaging uh with our our legal representation in.

A

This case it's uh represent our attorney connolly, um so I have my full faith and confidence that.

A

A city manager will be handling this to the best of her abilities, and the council will act as we do.

A

As council and set the policy direction of that, so that's the first update.

A

The second update is that I will be calling a special meeting for thursday february 10th.

A

That is in a couple of days that is this thursday to consider a motion of the council.

A

To rescind all action of the council regarding the november 18th meeting- um and this is uh an.

A

Attempt to we will have uh public dialogue on that and a conversation around that, uh but this is from.

A

Advice uh of council, so on thursday we will be having a motion to be brought forth to rescind.

A

The action that was taken at the previous council meeting november, the 18th so with that I am going.

A

To move on to assistant mayor kelly, thank your honor.

E

I have a sample motion to um for the adoption of our legislative principles and procedures.

E

For testimony so sample motion, if I get a second, I move to adopt the.

E

Principles for legislative positions and procedures for submission of testimony. Second,.

A

All in favor aye aye, oh, okay, I'm sorry! Sorry! You went by so quickly. I I just had.

E

One question about one of them: if that's possible um on uh number 17, are we it's.

D

This is creating it yeah support policies that create affordable housing, as well as incentives.

E

For the construction of affordable housing, I'm wondering if we could also make it um sort of.

E

An additional part is to oppose any policies that block efforts to create more affordable housing. I.

E

Don't know if that's actually, maybe it's part of what I've what you have in there, but I just wanted.

E

To like get a consensus that that's what we're trying to do is we're also, you know we're not.

E

Against support but we're going to post policies that actually block that effort, because I think.

E

Some of those are out there. I would support that wording. Yeah. Okay, that's my request.

A

Let's see uh is that uh I guess that would be an amendment, a friendly amendment. Yes,.

A

Any comments all in favor.

A

uh Next up is councillor denton. Thank your honor.

Q

I motioned for reports back on funding options to include the capital improvement plan to begin.

Q

The installation of level 3 480 volt electronic vehicle charging stations and parking zone a and.

Q

Fy 23 and to begin an annual greenhouse gas emission inventories there's a second second.

Q

All right so voting for this is simply voting for those reports back. It's not going to be voting for.

Q

Either of those things to happen, uh portsmouth's prior greenhouse gas emission.

Q

Inventories have showed that 70 of our greenhouse gas emissions have come from transportation.

Q

And the wide consensus that the primary way to reduce transportation, greenhouse gas emissions.

Q

Is through electrification and as many people know, electrification requires electric vehicle.

Q

Charging stations- I actually didn't know this until I got involved, there's three.

Q

Types of electric vehicle charging stations, uh the first type level, one is just think.

Q

Of it as a wall socket in your garage, it might take up to 20 hours to charge level. Two is the.

Q

Type which you'll see around town, which fortune has several of which might take eight hours or.

Q

So to charge and the level three which this is asking for a direct current, fast charger.

Q

Could take only 30 minutes to charge a battery and portsmouth has previously led on electrification.

Q

We held two electric vehicle car shows which coincided with national drive electric week.

Q

We passed an electric vehicle charging station ordnance and, as I just alluded to, the city has.

Q

Electric vehicle charging stations, which are level two, both in the city hall, lower lot foundry place.

Q

Garage and in a hanover garage experts agree that the best location for any charging station.

Q

uh Let alone dc fast chargers are somewhere highly visible, like any of the parking spaces in zone a.

Q

And uh just some backstory here back in 2018, I proposed a downtown level 3.

Q

Electric vehicle charging station to coincide with the market square upgrade in the cip.

Q

However, the city manager and the mayor at the time said: hey: let's try bridge street lot instead.

Q

But we did successfully add the electric vehicle charging station a dc, fast charger.

Q

To the cip, which is subsequently removed, while I was on hiatus currently, there are 12 universal.

Q

Dc fast chargers in new hampshire, I believe the closest one is in seabrook and the department of.

Q

Environmental services released volkswagen funding from that big settlement agreement.

Q

Back in september, requesting applications for just this for dc fast chargers in new hampshire and the.

Q

Travel quarters which we belong in uh applications are due by february 25th and at least a dozen.

Q

Municipalities have applied, including dover, durham and exeter, so there's funding out there for this.

Q

And there's also going to be funding available from now. The bipartisan infrastructure law for.

Q

This and a lot of ev drivers may actually bypass portsmouth in the future if they don't have a fast.

Q

Charger where they could go and um the first half of the motion is simply for a report back and how.

Q

We could possibly fund this and this upcoming fiscal year, ideally in zone a and one more thing.

Q

Of note on any electric vehicle charger, it makes sense to install them when there's already work.

Q

Being done so, if it's during the market street build, it makes sense to do it then, during the.

Q

Fleet street, it makes sense to do it, then, instead of digging everything up a second time and finally,.

Q

The just to complete the circle I started talking about the greenhouse gas inventories, our net.

Q

Zero energy policy and our sustainability committee's request for climate action plan.

Q

um They'll all be better if we increase the frequency of our greenhouse gas inventories. Those.

Q

That don't know they have been they've happened every six years by unh sustainability institute.

Q

Fellows 2006 2012 2018, you can find them online. I would love to see them manually. This isn't.

Q

A motion to see them annually, it's just a motion for a report back and how we could fund it.

Q

More frequently than it currently is, thank you.

A

uh Counselor ombardi uh in terms of the uh level three charging stations the.

D

Isn't the problem the fact that there's inadequate uh electrical service coming into the downtown.

D

For uh before that, I've heard the same thing: I'd look forward to reading something whatever.

Q

It might be the issue, but in the report back I'd want to see alternatives as well.

J

We will address all of that mayor in the report back great. um uh Thank you. uh Councillor, denton.

A

For your work on this, uh you know your continued work during your hiatus.

A

On this and uh to be able to bring it back, especially now uh with funding opportunities.

A

uh Closing um and there being a lot of federal funds. This is something that.

A

Hopefully we can have back in time to uh to act all in favor.

A

Any opposed, I guess nope um next up- is councilor moreau. uh Thank you, mr mayor. I.

E

Would like to make a motion that we move to forum.

E

For the formation of the land use committee, which will look at device diversifying land.

E

Use regulations within the city. The purpose is to review all current zoning and policies surrounding.

E

Housing and development to encourage sustainable, diverse and affordable development, including.

E

Expanded multimodal transportation with a report back to city council on recommended alterations.

E

To the zoning and existing policies, along with any new zoning or policies to be considered important.

E

In furthering the city's goals, furthermore, the committee- I'm hoping, if everyone agrees.

E

uh Shall consist of eight members which two would be from city council, two members from.

E

The planning board two members from the planning department staff, one from economic development.

E

Commission and one member from the portsmouth housing authority, as approved by the mayor.

A

We have a second second, and I have put a lot of thought and have a list of members.

E

To be considered, if the council so and there so choose to create this committee, I think we.

E

Need to take a look at everything that we've been talking about over the last year. I think we need.

E

To take a look at city-owned properties, I think we need to take a look at how zoning is affected. I.

E

Have already been talking to different speakers to come in and actually talk to the committee about.

E

Different ways that other communities are working and trying to figure out all the different ways.

E

That we can actually try to promote affordable and sustainable development. I think that we.

E

Probably there are some things that we can do pretty short term and right away and there's.

E

Some things that are probably going to take a bit longer, but I think we need to get started.

E

And if approved tonight, I'd like to schedule start scheduling the first meeting tomorrow.

A

um I'll pass the gavel.

A

So, um incredibly, excited to see this, I think that when we look at.

A

The development we see it's, it's all as a result of the zoning that we have zoning that has been.

A

Created- and it's probably time to look at that as portsmouth is- has changed certainly.

A

Before covid um but after covet, I think it's going to change dramatically uh more in the in.

A

The coming years as kind of the work from home becomes a feature and not a bug, and there is a.

A

A large opportunity to look and tweak and to make changes where necessary, I'm incredibly.

A

Pleased with the members to be approved, I would ask for a friendly amendment um and that.

A

We add an additional uh city councillor uh on this uh and I would want to nominate.

A

This is the mayor, joe kelly, uh to sit on site. So, if that's a friendly amendment, we would have.

E

Absolutely agree, another problem so does the second agree to that. Yes,.

A

Any other discussion, no oh counselor tabor um just.

B

What's the timeline that you anticipate and do you see periodic reports back to the council or one.

B

Final document- oh no there'll, be periodic reports. Probably I would assume monthly um at first. Maybe.

E

More, you know, maybe ever every other month as we get some stuff going, but.

E

um It's a committee, everyone, I've talked to I've talked to everyone on this list and and just for.

E

The record I have asked the city manager to put me on the agenda for the economic development.

E

Commission this coming friday morning, uh so I will be there and I'm going to request that one.

E

Of their members they basically nominate who they would like to join that group, but I thought it was.

E

Very important that we have the view from economic development from portsmouth housing authority.

E

So we make sure that there's plenty of voices in there, so my hope is- is that we have some.

E

Recommendations that we can bring you in short order, maybe within a month and then possibly.

E

uh Give you at least updates on what the conversations we're having the people we're.

E

Talking to and where we're going with it, but I feel that this is important and I'm.

E

Kind of excited about it, I actually have was part of the planning board for the last nine.

E

Years so I've seen all the changes since we started with character. Zoning in downtown.

E

And all of the character, zoning changes and what we've done, the adu laws and all of that and it's.

E

Been kind of exciting to see whether it works or it doesn't work and I think it'll be even more.

E

Exciting for us to sort of pick it apart, a little bit get some new perspectives from some new people.

E

And really try to tweak it and make it work better for our changing and ever-evolving community. But.

E

Maybe down the road, I see this as a committee that might need to be a standing committee that stays a.

E

Longer period of time to review zoning on you know an annual or biannual basis to see what's working.

E

And what's not, but for the moment I think we just have some big changes that need to happen so.

E

Okay, I hope that answered your question yeah. Thank you any other uh comments or questions.

A

um So I am really excited also about the the staff uh that we have here.

A

uh The the new uh planning director, uh beverly zen and nick crack now.

A

Seen uh a lot as well um and look forward to uh working alongside the you know, the.

A

New chair of the planning uh board and the new vice chair, um I think that there's a desire to.

A

Enforcement to see changes when it comes to land use, ones that uh are gonna benefit, uh portsmouth.

A

For years to come, so thank you, uh council monroe for putting this forward and all in favor aye.

A

All right moving right along are we 10 30, yet nope, not 10, 30., all right, counselor, bagley and.

A

Assistant mayor kelly, so this is where staff report back on outdoor dunny in 2022.

N

In future years and a sample motion would be to move to request a report back from the city.

N

Staff on outdoor dining in 2022 in future years, at the february 22 2022 meeting in particular for.

N

Suggestions for fees, the implementation process, insurance requirements, possible alternatives to.

N

Jersey barriers that may allow for more flexible use of space, accessibility, general appearance.

N

Dates of the season, as well as any other concerns or suggestions the city may have in regards to.

N

Health and safety, in addition, a plan to engage with the downtown residents retail office and.

N

Restaurants in the discussion and planning process in an ongoing manner. If I have a second I'll speak.

N

To it second, so I think, at least for me and a good number of residents and visitors to our city.

N

One of the silver linings of kobit is the vibrancy that the outdoor dining brought to our downtown.

N

We had a group, the portsmouth design, professional alliances led by bob white.

N

Who put together a fantastic plan on how we could implement something relatively quickly? I think.

N

Our city did much better than other. Similarly, sized cities.

N

It may have taken us a little bit longer to get it up and running, but what we got.

N

Up and running was was something that could be sustained for the long term, so I'd be looking to.

N

Encourage outdoor dining and encourage it in such a way, I call it the massimo's press.

N

Room cafe bonsan corner, they had the front porch there massimo's looked amazing, as did the other.

N

Restaurants on pen hollow not that other restaurants in town didn't do.

N

Do a great job, I just think they set the standard very high. They were accessible.

N

They in some cases were used for morning to night and uh they were very nice to look at so.

N

What I'd be looking for in this report back is: how can we kind of create outdoor dining, 2.0.

N

And then we had some public speakers tonight and we have some letters in the packet from retail.

N

That address their concerns, so I think it's very important that we continue to involve.

N

Retail office and downtown residents in the discussion, so everybody has a seat at the table.

A

Counselor or assistant mayor, um I think it's very important when we talk about outdoor dining, we.

E

Talk about, um you know the vision that we have for portsmouth and we look at our master plan and we.

E

Look at a more pedestrian, friendly um and walkable city. I think outdoor dining um plays a huge role.

E

In that, I think it's very, very important that we do engage all downtown businesses.

E

um In this in this process, because I you know, even though myself I own a restaurant in town, I do not.

E

Think one um you know: business sector um rules, our city, we're very diverse downtown. I love that about.

E

Our downtown, I love that about you, know other parts of our community too, um but I I think it's.

E

It's very easy to say, and and as councilor bagley has spoken to lots of residents and some of myself.

E

I think it brought a new level of vibrancy to our downtown, and so I think it's very important that.

E

We think long term about what our cityscape looks like. I'm really excited to hear back from city.

E

Staff on on what that could look like. I also think it's important to remember that, while you know.

E

Indoor dining is back open and at full capacity, there's still hundreds of residents that don't.

E

Feel comfortable and we're still in a pandemic, ie, potentially an endemic. So I think again.

E

There's several aspects to look at long term and I'm excited.

A

Any other comments, any questions, uh just oh counselor blaylock. Thank you uh you're here.

D

um I just would like to say it's it's. I think it's important to support all downtown businesses.

D

All businesses in portsmouth, I think, getting more information and allowing businesses to make a more.

D

Concrete plan would be supporting them financially much more. I know the fixed costs related to you.

D

Know having a new outdoor dining when you haven't, but someone knows that they.

D

Can guarantee that years to come, then they can make a more substantial investment and probably.

D

Manage their finances better, so I'm all for this and um I I can't wait to hear the report back.

A

Right uh just one quick question for the city manager: we typically don't put uh dates on.

A

Report backs: is this one, a date that uh we would be able to support february 22nd? It is your honor.

J

And it is a date we would be pushing for as well. You will recall that this time last year,.

J

We had view permit open for applications in the beginning of february and we realized that time is.

J

Of the essence- and we want to allow for folks to make accommodations, so we will be happy to report.

J

Back at the next council at the february, 22nd councilman. Thank you councillor cook. uh Thank you.

M

Mayor, um I would, I just want to make sure that um and- and I think this is- this is very inclusive-.

M

Motion, I I want to make sure that we are reporting back on, not just our downtown businesses that.

M

Are interested in outdoor dining but businesses throughout the city um because we don't want to.

M

Neglect a business that that maybe feels like I'm stuck with a. I have a parking lot. I'm in a private.

M

Area what does that mean for my business for outdoor dining? So I think we we just. I.

M

Just want to make sure that in that report back we get information for the whole city.

A

That's understood absolutely great. All in favor, aye aye all right councillor cook. I think we took.

A

Yours up at the previous uh public hearing, so on to approvals of grants and donations. uh First up.

A

Acceptance of the acceptance of donation to the police department, paul gormley and kimi gucci.

A

For 2500 sample motion move to accept the donation of the police department as presented.

A

Second, all in favor, aye aye, next up acceptance of donation of the police department from.

A

Libby gioradano and make a wish uh for captain michael maloney on the amount of fifteen dollars.

A

From moe's italian sandwich gift card sample motion move to accept the donation of the.

A

Police department, as presented so moved, second, all in favor, aye, aye and finally, acceptance of.

A

Donation of the portsmouth 400 uh from katherine keenan uh for and twenty 1623 dollars. I like the.

A

I, like the the number yeah so that suck it all in favor hi all right, we're on to the city managers.

J

Thank you mayor. uh We have two items before you this evening. The first is the approval of the.

J

Fire department's memorandum of agreement- you will recall we discussed this last.

J

Meeting in non-public session and attached in your packet is the proposed mla language.

J

Which would allow for and offer potential lateral transfers a higher starting rate of pay.

J

And this would help to really allow the fire department to be more competitive in hiring.

J

They've struggled with that, they remain among the lowest for base pay in the state.

J

And the moa also provides compensation for the same relevant experience previously earned by.

J

Two lateral recent sorry earned by two recent lateral transfers to the department. This comes.

J

At the request of the fire chief with the support of the commission and fire chief todd germain.

J

Is available if we need him and make a motion that we approve the memorandum of agreement? Second,.

A

Motion we have a second any any questions councilman. I just it was nice to hear that.

E

Both the fire department and the union are on the same page, so it makes this a pretty easy.

E

Increase in change to the agreement.

A

I would concur all in favor.

D

Next up, thanks very much item number two would be a request for an extension of the neighborhood.

J

Parking pilot program for the islington creek neighborhood, you will recall this- was ratified.

J

In september of 2021, with a start date of august 4th of 21 and an end date of february, 4th of 2022.

J

Which has come and gone this past friday? We want to share with the group that we are looking to.

J

Collect a full six months of data and take that data to the march parking and traffic safety.

J

Meeting to discuss more fully and with public input at that time, along with public input that.

J

We may have at a future council meeting about how best to proceed so um we checked we gave.

J

A midpoint update in november and we'd like to give a full six-month evaluation to the march.

J

Pts meeting and we would come back to the council with pts's recommendation with chairman bagley.

A

We have a motion, your honor. I would move that the council approve prove a two-month administrative.

B

Extension for the island creek neighborhood parking program placing its effective end.

B

Date as april 4 2022, pending any additional factors. Second, any comments, questions.

A

Sponsored bagley yeah I'll just comment that this uh program uh generates quite a bit of interest.

N

In the community I received a number of emails phone calls um both for against and somewhat.

N

Indifferent to it, I think it's important that we look to possibly schedule the.

N

Parking traffic safety committee meeting that will have this on the agenda in the evening so that.

N

More people can attend uh and speak to it, because I think it's one of those issues that there's.

N

There's a lot of residents that have fairly strong opinions on and they'd like to be able.

N

To speak and be heard about which is difficult to do at 8 30 in the morning not a weekend.

A

Counselor tabor thanks your honor when this pilot project initiated.

B

A number of us on the council asked: how are we going to measure success and.

B

I wonder if, at some point staff the city manager can report back to us on that.

B

In particular, consider a survey to the residents of the neighborhood asking them.

B

Whether it's easier to park now or it's really not any different than what worked and what didn't and.

B

And I think right now the pilot is free. There is no cost to the permits, so would they be willing.

B

To pay an annual fee- um those are questions I think would be important to know before.

B

And making it permanent council monroe as a 20-year resident of that neighborhood. I.

E

Happen to be one of the people who has a pilot sticker on her car. um I can tell you from my.

E

Experience I mean I don't have to park on the street very often now at our newer house, but.

E

We had always more cars than we had parking at our old house across the street and I always.

E

Was amazed when this was first put in place that people who lived there would come home at night.

E

And actually have a place to park, so I can say at least at the start. I saw a huge difference. It's.

E

A little bit harder now to tell it winter time, especially where you can barely drive down our.

E

Mcdonald's street area right now, but um I saw a huge difference- it'll be interesting to see.

E

What the rest of the neighborhood said has seen if they've seen the same as me, and I know there are.

E

People very much on one side or the other about this at national night out last august there was.

E

You know people totally against it, people totally for it. um It's like anything else in our city. It's.

E

You can either feel one way or the other or you just don't care. That's usually what I find.

D

All the bases yes yeah, we got them all all over the place, so it'll be interesting to hear the.

E

Report back on from the measurements, and if there is a survey, uh what that report back is as well.

A

Okay uh yeah, I I agree with the administrative extension of this uh to actually get this back.

A

To pts, given the change uh council, um a change in meetings with pts to be able to have this.

A

Go back to pts uh and for staff to weigh in and bring back the council. So all in favor.

A

All right, uh oh, need a motion to go past: 10 30., I guess you're so close.

E

Also moved second, all in favor aye, so we have the uh consent agenda.

A

The proper motion for adoption of the consent agenda is to move to adopt the consent agenda.

E

Joe moved, second, all in favor aye aye, and then uh we have email, correspondence, sample mission.

A

Move to accept and place on file so moved second, all in favor, aye, aye aye, and then uh we have.

A

Letters from various downtown businesses regarding outdoor dining and the use of parking spaces that.

A

Was referenced earlier, uh a sample motion moved to refer to the city manager for a report back.

A

The february 22nd 2002 uh 22 city council meeting I'd assume that this would fall in with the same.

A

uh Previous motion so moved. Second, do we have to vote again since we kind of already voted that way.

N

I think so because there, because there's different letters.

A

All in favor aye, aye, okay, we have some informational items.

J

Thank you mayor first up is a report back on the management of the farmers market. Now that the.

J

The entity is essentially changing hands from uh seacoast growers, association to seacoast, eat, local.

J

City attorney has reviewed the request in the transfer and feels confident that the new.

J

uh Management entity will be suitable to take over. So with your indulgence, we will bring back.

J

At a future council meeting, the recommended license agreement is that correct, correct.

J

Great so that is item number one item number two speaks to.

J

A request made initially by councillor denton, outlining the charter amendment process.

J

Item three is an update from shanty wolf, our not so new chief building inspector.

J

He's worked out wonderfully. He provided a written update in a in an attempt to really.

J

Bring the council up to speed on the attempt to catch up is the best way I can put it.

J

The exciting thing about this is that, through an employment agreement for full-time work, we.

J

Have brought on an additional building inspector to help with the backlog.

J

Tim starts on monday february 14th and I've worked in cities that are twice as big population, wise.

J

And the staffing where and now we will be able to achieve when tim comes on board will.

J

Be commensurate with with building activity and populations of of what we're seeing. So this will.

J

Really make a huge dent in helping us to catch up. Shanti's been wonderful, suzanne woodland's been.

J

Working with him closely and he's been an excellent addition to the team he's a great.

J

Leader, the team likes working with him and he's also working well across departments.

J

So that's the update there and um lastly, would be pass testing updates provided by the deputy city.

J

Manager, deputy city attorney relative to both the artificial turf field and sagamore creek.

J

Any questions on leave those information on councilor, blaylock and counselor cook.

D

City manager, when we're testing for the pfas, are we also going to be testing the soil.

D

um Like I understand, if we don't do a turf field, the the alternative would be to do.

D

A grass field, but um I would like to test the soil, just show the comparison. I don't.

D

I don't know if that's a possibility or if that's I'm, going to let suzanne woodland.

J

Address that, since I see her, and I also see peter ice coming down, it feels like a tackle.

M

So right now we have in terms of the pfast testing and our contract, with the independent.

M

Third party, it's no to the soil. We adhered very closely to the motion that was passed.

M

um So we stuck with that. Okay, there is probably fast in the soil as there is yeah. I just don't.

D

My mind only afraid is that we get results from this and we have nothing to compare it to.

D

So then, um you know we're not weighing out a cost benefit analysis kind of as.

D

Danger to the community, we are planning to the consultant that we've.

C

uh Engaged we'll do kind of a brief summary of risk if you will okay, so thank you very much.

A

Oh counselor cook. um Thank you mayor. um I just wanted to thank the city manager for the update.

M

That we received from the inspections department- um that's something that I.

M

Heard a lot about when I was campaigning about inspections and the process and and.

M

It's really wonderful to get those updates like that that we can share with our residents.

A

Yeah, I think, there's a lot of people who think that's a great valentine's day. Gift.

N

uh Councillor bagley yeah, just a quick clarification on the farmers market.

N

I know it's a bit early, but is the plan and anticipation that it will.

N

Continue to be at city hall, are we done with little harbor and other locations.

J

The request would be to maintain the farmers market at the upper lot of city hall.

N

So, from a resident's perspective, it's new management, but everything more or less looks.

N

The same correct, thank you as far as we understand right now, we do plan to meet with them all right.

A

Do we have anything under miscellaneous, including business unfinished at previous meetings,.

A

All right all right uh with that I'll wait, a motion to adjourn so moved. Second, all in favor.

A

Aye all right good night portsmouth stay safe.