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City of Portsmouth, New Hampshire
/
Governance Committee
/ 14 Feb 2022
City of Portsmouth, New Hampshire
/
Governance Committee
/ 14 Feb 2022
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From YouTube:
2.14.2022 Governance Committee
Description
2.14.2022 Governance Committee
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All right.
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um
As far as world cup goes,.
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Here.
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We're all present introduction of committee members and advisory staff is.
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The next order of business.
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Our council members have already.
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Stated that they're present, but I would ask them to.
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Introduce themselves and their interests in government.
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Okay, I'll start, I'm counselor john taver.
My second term.
I've participated in the number of companies.
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And I look forward to our comprehensive review so that we can the government run.
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Better and more efficiently find needs that may be right, then find committees that aren't certain.
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Committees, that and wards or other body public bodies that.
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Can better serve their mission change how they work.
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And I'm vince lombardi city councilor, my first term here.
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And
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I can't say much more than what john just said other than that I've seen that there are.
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Issues at times where the.
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Ordinances could be improved and spotted next plan.
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And we work hard.
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Good morning, counselors at deputy city manager, deputy city attorney sudan, woodland and I.
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Are here we're pleased to be here to be resources to the committee.
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To be conduits for information and to understand what it is, you need from us as resources.
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Active participants in this discussion.
Thank you.
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She said it all: I'm good.
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Can I get a motion to suspend the rules to allow for nomination of care.
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I would like to nominate kate as the chair I'll second, that.
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Elevator, okay, so what decision is noted.
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The first real order of business stress is to look at.
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Several items, including council rules, policies, performances committees,.
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Which really comes out of the motion?
It was passed by the city council.
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Which will require be required to report back to the city council on community.
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Progress and any recommended alterations to those documents.
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In furtherance, the governance judicial consists of three members of the city.
Council are covered.
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By the mayor of the city council as a priority, the governance committee shall remove ethics for this.
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So that is our current work, which we can it's pretty all-encompassing.
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And it could be years before so, therefore,.
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There are some priorities outlined in that chart of work and those priority.
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Items were the ethics ordinance when used for appointment, process and city committee structure.
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At the end, and then the city council has already tasked us with review of rule 43b to allow for.
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Their flexibility rule 41, addressing by an address by the public to the government's committee.
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For report back to the city, council was exactly what the report said and reviewing the proposed.
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Charter amendment made by california the june 24th council meeting and the process for chartering.
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Maintenance is also outlined in your packet.
That's given to us by sending attorney household.
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So those are the actions, the requested action items and the priority items.
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Priorities.
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Our community priorities should be in light of what we've been charged with so far.
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Well, the public comment public dialogue, question.
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It's all earlier.
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That's ongoing an ongoing issue for our council languages.
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And.
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Certainly, the priority of items in chartered work.
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Good to tackle.
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The ethics ordinance having been through that process was actually before.
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We'll take.
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And reflecting over the weekend, I thought if we.
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How do we get any engagement.
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Make recommendations.
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Well, I would agree with that.
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I.
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I think there's some issues with the land use ordinances that need to be addressed.
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I think I'm in a similar position.
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Suggested the charter amendment recommendation may be something that we want to ask for more.
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Public input on, I think that anytime we have charter one interpretations in general.
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Required quite a bit of public sport.
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And as far as priority items.
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To address since, since the council went through that process,.
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It would be important for us to.
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And get their reflections as well through any revision to the ethics ordinance.
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And I agree: community structure might take some time.
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To go through to determine what is the best appropriate structure, I would love to hear.
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With regard to.
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Any of these any of these issues that we're discussing now the requested actions of priority.
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Items and things that you have, if you think you've noted that it weren't potentially missing.
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I I have not been.
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I should say: I've not collected a list of things that we've noted on ours, but I'm happy to start that.
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So let me just say that.
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I think it sounds like you're honing in on the first priorities you know, as delegated by the.
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By the council
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and those all you know so consistent with what you've been hearing and.
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Seeing it kind of grabbing some stuff, while it's fresh and timely and jumping on that.
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And then I would concur in terms of that.
You know charter amendment conversations.
I think the reason.
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Why the city manager- and I are here, are part to help you
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set up public hearings or otherwise.
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Decide how you might like to gather input and then we could help make that happen at the.
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Appropriate times
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she says, looking to make sure there's no one hanging out the waiting room.
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So so I think that you know all sounds good in terms of where you're headed, I think.
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What just for your information know that staff has identified.
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A number of areas where we expect, sometime in the next two years during this cycle.
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That would like to be coming forward, probably with some ordinance changes,
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and I think it would be.
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Helpful to know whether this committee would like to see some of those here, first or whether you.
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Prefer to have us just take those through the normal process and if you want, I can just flag.
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Some of the items that are on our list that we're working on you know this is this- is.
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Kind of slow, it's a lot to do
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so.
What we see you know potentially coming down the pike and.
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I'm leaving aside all that zoning related issues, because those are you know, you've got that other.
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Committee specifically looking at that piece, so these are the non mostly the non-housing.
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Zoning issues
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so, first off actually with some overlap, housing code.
We don't actually.
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Have a robust housing code
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and the new chief building inspector is interested in
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because he.
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Has experience with housing, codes and other municipalities and how we might be able to.
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Implement and bring forward a housing code to make it easier to enforce when.
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We have say landlords who are not keeping up a housing residential situation in a manner.
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That is conducive to its residents and safe and healthy.
So that's something that we're working on.
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You probably heard you certainly may have heard counselor taber from.
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Prior times that we would like to be bringing forward a new, updated sewer, use, ordinance.
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That it would be a big piece of work.
It's been on my desk, so to speak for the entire 18 years.
I've.
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Been here- and it was even in the works before me-
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because it's complicated
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it require.
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A lot of dedication and time it would include more regulation on probably fatsoil in greece.
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As well as industrial users, because when our new permits are issued by the epa.
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We will have to adopt a formal industrial user program.
We have an informal system now permits.
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So those are two big ones.
In addition, as you may know, dover is looking at a storm water utility.
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And we expect you know, sometime in the near term, to be bringing forward to the city council.
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Out of a memorandum describing our stormwater master planning and then ways to fund the work.
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That would need to be, you know, done before storm water work, and that would include.
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The possibility of adopting a storm water utility
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purchasing ordinance probably needs a little.
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Bit of a cleanup, as things have changed in terms of how people actually get notice.
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Of you know, opportunities to bid and participate in the city's purchasing department,
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and then we.
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Have a variety of you know the frankly, the parking ordinance we've been meaning to clean up for some.
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Time it's also on our list.
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They've already identified a couple of other issues.
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We have.
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Some cleanup with the water ordinance, you know, as we put that into place a couple years ago.
We just.
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Noticed some things that we probably are ready to adjust so small changes, so we have begun a couple.
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Other items but just know that we've begun to look forward.
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Some things are I've been in the.
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Works for a long time and then some other pieces with the opportunity, this committee, to maybe help.
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Knock off and frame up some of the smaller things that just need some good housekeeping.
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That you know we're looking forward to working with it.
So that's kind of a preview of some.
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Of the things that we've got coming in the pipeline, hopefully from an ordinance perspective,.
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I there is a thing that I've been concerned about and I think there's potential of.
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This being more and more of an issue and that that is a demolition permit,
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review and process.
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Right now, there's basically very little one can do about.
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A couple of things: one is
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demolition by neglect, and also just straight.
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Coming in and demolishing any existing property just to build something new.
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Thank you councillor.
I I kind of envisioned this committee working to some degree with.
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A few other committees as well, especially when you're dealing with more than just.
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Around issues like housing, code and parking and because we have other functions that address those.
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Specific issues, it would not be unreasonable and I don't know if this has been done on a regular.
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Basis for someone from this committee to go, if you refer something out to another committee or.
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To work on that order.
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And we're dealing with parking.
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Because I imagine that that is part of one of the tasks for the new task.
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Yes, it's certainly the case that committees have either worked jointly or created a working group.
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You know one member from one committee and one member for another to kind of tease something up.
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And bring it to both so I've seen it done a variety of different ways, depending on.
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Who's going to do the laboring work and how you want the communication to flow.
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Certainly done because there are natural intersections between for.
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Example, demolition and housing and the other work that's going to be.
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In order to avoid right no violations, since there are three thousands here, we'll just.
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Have to make sure that we're not we don't have an additional counselor in those discussions.
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To avoid that, or because it goes there and it comes back here, does it not matter.
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You're right to be concerned about creating a public meeting when you're, only a body of three.
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So, generally would be, I assume one of you going to parking traffic safety, for example,.
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And discussing particular parking, you know overhaul or reroute of the parking ordinance.
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That being said, we can certainly notice up.
You know parking traffic and safety is.
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Meeting and there might be a quorum of this committee, we would notice that as potential form.
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And then you attend, but we put the public on notice that you're there together.
So.
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Ways to handle that administratively we'll worry about that on our end.
Thank you.
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So how's the chamber: oh it's a good list that we just heard.
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I'm wondering how we would deal with something that's more purely administratively.
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But I'm thinking if it's streamlining.
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And that was sort of my question whether there were expectations here that you wanted to see.
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Everything that we bring forward or whether you know for the stuff that is primarily staff driven.
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Going forward because you obviously have a full agenda or when we get closer, we.
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Touch base and say: hey we're getting ready.
Do you want a preview of it.
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Here in this venue before we, you know bring it forward to the full city council.
The answer to.
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That question might be a function of the cadence of the meaning of this group, so maybe,
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if.
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There are administrative things we look to take advantage of or to move on in between meetings or.
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Something that is purely really administrative, we could be noticed on the agenda that way.
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Everything this committee gets tasked with.
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Clearly, some council rules, all sophisticated city council policies fall to the community once we.
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Get to city council organizations,
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I think that that is is really a split task.
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Administrative.
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Code, a lot of the administrative code which I included in your pocket, would call, I think.
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There's also additional code that I did not include.
I thought it was already quite a bit.
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Around things like,
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and the code of ethics I did include, I did not include,
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I didn't.
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I did not include everything because I didn't think it was logical.
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But some of the things that.
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We don't need to address, as likely as a governance community things around licenses.
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We could have a role in that, but.
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We do have limited tasks and the performers should probably set clear priorities.
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Starting one of the things that I consider a priority is looking at city council.
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Rules because the city council just adopted schnitzel with some recommendations around.
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That view, can we definitely look at that?
We probably should go through them all anyway.
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Because those recommended changes were changes based upon current practice and any changes that.
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Our legal department helped need to re-change to reflect our practice, but that doesn't mean.
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It's the practice that we want, so I think probably those rules are quite really.
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Some of the ordinances are outdated,
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it should be
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should be reviewed too,
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because they.
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Limit our ability to act in certain areas,
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specifically, I've noticed around public art.
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Acquisition they're just their their organization today that don't even.
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Confused here sorry, if I confused anyone, city, council policies,.
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Clearly, we need to update those things if they reflect current practice.
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And.
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We do need to address a land use appointment process because that did come up.
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We have some challenges around,
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they came up with the last council and a number of appointments.
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It's inconsistent between the number of people that have to be appointed in a given year.
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And the number of people that the mayor's arrogance.
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So we need to address kind of that conflict in our own codes.
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Some recommendations around
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appointments in ways that we can fix it, which is going to require.
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Conversations with local council, but also probably conversations with the secretary of state's.
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Office or the attorney general's office around rsas and stipulations on the rsas.
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Keep in mind that sometimes you will have legal opinions that vary.
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And
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that only subsequently gets worked out in the court system, so it is.
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Infrequent but it does happen that your in-house legal department will have a difference of.
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Opinion from the attorney general's office or from the hampshire municipal association.
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And they do not overrule us, so
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it really.
The final arbiter is a court system.
So that's.
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Why you will occasionally hear differences of opinion and why, typically, if one reaches out to.
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Nhma or attorney general's office, we consider it advisory and the secretary of state's office.
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Is pretty narrow, it's election law so generally
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they're, not land use board.
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Post because I'm thinking we have to address the election, if we're going to look at election.
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Law and those charters have some input and
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are the department's great assistance.
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Aside from the charter amendment.
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And that we start the process of looking at the ethics ordinance.
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And maybe ask the legal department to start looking at options on land use for appointment classes.
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Take that faster does it make sense.
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I think we smart.
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I know for myself.
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I was concerned that.
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An outgoing council would put a significant number of employees in place on the land use, export.
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Whether that's done by.
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Having the land use terms expire in january, or whether that's having the appointments.
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But we saw a situation where.
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As I spoke at the time had a block of fire council who had worked and lost the land.
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But felt he was their duty to put.
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We all work for the voters and if the voters have expressed the direction that they want.
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Shouldn't that new council, the expression of that new desire or direction of the city.
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So that would be my feeling if you feel.
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So I'm seeing knotting so I should take as.
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As a work, product back is to get some input from legal in terms of options for.
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The appointment process under in the scenario we're talking about.
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That you guys could consider in the flush line and is it is it best to adjust in dates.
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Returns is it best to require appointments occur after the terms expire.
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Which, or is it important, it would make the most sense to do those things.
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And also balance rebalance, I have a question about rebalancing terms.
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So that we have a healthier rotation of threats.
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Right staggering of terms or.
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Does a new city council take office in november.
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Well, to the extent you're looking at changing an ordinance that planning board section.
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That's obviously relatively easy to do with three readings, so I think when we report back from the.
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Legal department we'll make sure we focus on that piece.
But then, if you want to go into the charter.
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Piece I think that can be flagged, but I want to be careful that you keep the two separate given.
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That you've got very different processes for each.
Would that be helpful to make sure.
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We're going to keep them right at this point, we're just talking very broad brush, strokes.
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For the public discussion.
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Okay, we'll take.
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If we can, at the next meeting to address.
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Rules and also address ethics, two main items that we look at and then maybe have a.
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Having said that, I think it would be important for us to define tests.
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Rules, another person takes scientific.
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Does that make sense.
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Does anyone have a preference to work on.
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Why, okay there's a lot more rules.
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But I'll work on them, I'm happy to work on rules as well.
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Do we want to each.
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Party, do you want to take one of those recommended rules.
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Those two definitively yes,.
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So similar.
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You or you could choose to take those two to look at or I could take those two.
The.
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Other person could look at the rest of the rules, which did not have major.
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Do not actually don't follow.
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Yet.
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um
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The changes to 41 were not.
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Right 7.33.
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43 b, yes,.
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Do you have any input on the others.
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Do we have to work in isolation.
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Because you're, only three numbers two is a form.
So the answer to that would be.
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Yes, although you are happy to talk to staff, you know karen or me so illegal.
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Okay, so that would get us to.
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Work for next month
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that said, we've already issued basic
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issues identified.
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By staff, are there any other?
What are there any other issues identified by staff that.
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You should address immediately,
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I know you flagged the policies related to public art and.
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I apologize if you've already had conversations with you know: nancy farmer and others about the.
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Process so you're nodding, yes, good, okay, I just didn't know if you needed more information or.
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Input from staff on that point on how we see that potentially.
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Can we talk about percentage, not the orders, but how women would implement.
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Yes,.
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Exactly- and we have, we have another mechanism to address that
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when it's the percentage for.
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Capital improvements, so the question is: do we take that mechanism?
Is it.
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Is it the most appropriate mechanism?
How do we, how do we perform this?
I'm happy to look at.
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All of these top policies around art there's also a public.
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So I'm happy to have conversations with people there and.
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And I would suggest reach out as much as you need to to us and we can facilitate if you.
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Need another conversation with nancy carmer.
I know how he's involved in some of the art.
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Acquisitions, they are processed early on.
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There is a 2014 go to public art, referrals.
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And then the other, for this is for the downpour acquisition, 2006 public heart acquisition policy.
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A lot of the general idea around it.
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Is there anything else that we should be looking at.
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All right.
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um
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Paper.
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um
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But we will, I don't want to make it too much yeah.
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Can I say
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when I asked the mayor.
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Process and additional outside discussions, I'm sure that
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getting input you need from.
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The legal department, so I do think it's reasonable to meet every other week twice.
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Either way it's reasonable,
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I kind of like every it's the same choice.
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That's fine.
We will work around
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google vacation pretty well.
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But I think it probably will take
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a little time, especially just to get through.
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Everything to make sure we've done a basic review and.
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If we move this.
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Is there any other business well so.
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You want to talk about schedule.
I mean this time in monday, at 10,.
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Whatever week.
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Maybe maybe opposite weeks from council meetings.
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Right which this appears to be, and that way, if you wanted to put something under your name, to.
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Bring forward to the council you'd be in a position to do that, for you that makes sense.
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I think it's reasonable that would work.
Okay, we'll do that.
First, go to public comment.
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So proposing monday, 5 28 10 a.m,.
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Yes, so february, 28th.
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That should be a problem if I can join the exam.
As long as you have two in person, I will meet your.
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Forum requirement for physically, yes, it's just every vote will be by roll call with you.
Thank you.
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um
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We are meeting on the 28th of february.
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On the 28th of february then march, the 14th which I'll be joining.
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March, the 28th I'm sorry
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march, the 14th does that work.
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End of march, the 28th.
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April the 11th.
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April the 25th it looks like.
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That's school vacation week, but I'm not sure it impacts anybody.
No, my vacation, because that much.
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Yes april 25th and then we get to may.
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We have city council, the second and the night, and we have a lot of meetings.
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May the 16th.
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So that we would skip the first, the 16th and the 30th is memorial day, though so.
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We will likely have to schedule a different date.
We do that.
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But maybe we should just make a 16.
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Okay and then once we get to june.
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Okay, let's do that, and so we have a general schedule.
10 am on mondays.
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The next meeting is march.
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February the 28th.
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And with that we can go to public comment.
Is there anyone
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who wants to speak public.
B
Hi doug roberts, I'm not seeing how to raise my hand here.
Can you hear me.
B
So what would be the best way for people to
uh
bring issues to your attention.
A
I think bringing them to the attention of the committee by public comment.
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Is probably the best way to bring issues to the committee's attention.
B
um
Okay,
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so
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well.
B
Our group, as you must know, is
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filed suit against the city and but we will be.
B
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Withdrawing that suit later today, with the agreement of the city of portsmouth to.
B
Allow us to withdraw without prejudice, so if some unusual occurrence happens,
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we can re-file.
You.
B
Know we hope we've made our point.
uh
We have the expectation that you will do good work and.
B
Hopefully you will address some of the issues that we have raised and hope to raise in the future.
A
Thank you.
Thank you.
A
Anyone else I'll bring ken goldman.
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Okay, thank you.
um
I'm really excited that you set up this.
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Committee, I think you're doing important stuff and I'm glad to see that we have.
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Three city councils and city manager there- that's
uh
that's, really a good start.
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Unfortunately, I probably do your masks.
The sound quality hasn't been the best, so I'm trying.
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I'm trying to understand so a little bit how your charter works.
I mean he was talking about teaming.
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With parking traffic safety on parking issues- and I think that's important
uh
what about other.
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Things such as outdoor dining, how does the governance committee fit in with that?
Thanks.
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I'm thinking of the best way to respond ken.
um
We are due to report back to the council at the next.
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Regular meeting, which is february 22nd, and what we are doing now, is compiling a list of.
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Issues in a bit of a timeline and to help walk the new council through what we've learned in.
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The last two years with this expanded program- and we will be putting a report.
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In the packet, the timing is interesting in that we are participating in a chamber collaborative.
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Zoom session on friday, and I'm thinking out loud about whether it's appropriate to put.
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A placeholder memo in the packet, but what I think I'd rather do is put a late breaking here's.
Here's.
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What we learned at the friday meeting memo in the packet, so it's as comprehensive as it can be so.
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I guess that's a long way to say, and if you have matters you'd like the council to consider.
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It's before them as a whole next monday night, and I will look for anyone to chime in other than that.
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And I would also add that the governance committee would address that.
If it was referred to us by the.
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City council, okay, thank you very much sure it's a good example of it's so timely that I think.
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We're looking to stand this up the day after the meeting, so it would be as helpful as possible to.
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Get comments in through the form mail which I know you're familiar with, and that and that's.
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A good thing, okay, thank you very much
um
if I could make another comment.
Yes, thank you
um
so.
B
uh
We I, as a group, we would make a suggestion that
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you consider strengthening
uh
rule two.
B
So that it is
uh
crystal clear what happens is supposed to happen at special meetings.
B
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For instance, adopting some of the language of the parliamentary authority roberts rules that say.
B
You know everything needs to be included, including them with specificity.
The motions.
B
That would be one thing another which I've.
B
Not discussed with my co-complaint, so it's just that issue that I would raise.
B
The in the last election,
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not all political action groups, complied with the city, ordinance.
B
On registering, as required by the city, ordinance and disclosing any.
B
Contributions, total contributions and so forth, and
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the city clerk has a letter from the.
B
uh
New hampshire attorney general that
uh
to mark brighton that notes this and.
B
Committee and the council might think about enforcement mechanisms.
B
And finally,.
B
When counselors come on,
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I don't remember as a former counselor whether or not there was a.
B
Session on the right to no law, but that might be something that new counselors could get for.
B
Instance, I did not until I got involved in this.
I was not consciously aware that.
B
If you're, in a meeting where you feel a right to know, violation.
B
Is taking place that you should object and therefore you personally.
B
Will not be subject to any penalties that might occur and you can formally go on the record.
B
I was told that if you object an attorney told me that if you object it would be unlikely.
B
uh
Even if it's not in the formal process that you would be sanctioned by the court, but.
B
This is sort of detail that new counselors might be made, aware of
um
so that
um
you know, there's.
B
More sensitivity to right to know issues in public meetings.
Thank you.
Thank you.
Is there any.
A
Have no other public comment,
um
then we've already discussed the schedule of meetings.
A
We'll take
uh
yes.
A
To doug roberts, we might be smart also to think about.
A
Rules around motions, non-publication.
A
Funding of votes.
A
uh
A
Thank you.
I will take these comments and concerns and make sure that we have them.
A
Just procedurally, I know I took some notes on the premise that we have to do some minutes.
A
So I don't know I mean I took notes if you want me to draft instead of draft.
A
Chair or what your preference is.
A
Wonderful I'll, let you then kind of fill in places.
That's perfect!
Thank you.
A
Is there any other business.
A
Thank you.
