FROM: KELLI
L. BARNABY, CITY CLERK
RE: ACTIONS TAKEN BY THE PORTSMOUTH CITY COUNCIL
MEETING HELD ON JANUARY 14, 2002, COUNCIL CHAMBER, MUNICIPAL COMPLEX, ONE
JUNKINS AVENUE, PORTSMOUTH, NEW HAMPSHIRE
PRESENT: MAYOR SIRRELL, ASSISTANT MAYOR HANSON,
COUNCILORS GRASSO, LOWN, HYNES, PANTELAKOS, WHITEHOUSE, MARCONI AND ST. LAURENT
ABSENT: NONE
1. Presentation
– Recognition of George Hosker for 2001 Holiday Parade – Mayor Sirrell
presented George Hosker with a gift in recognition of his work for the 2001
Holiday Parade.
2. Acceptance
of Minutes – December 17, 2001 & January 7, 2002 – Voted to accept and
approve the City Council minutes of the December 17, 2001 and January 7, 2002
meetings.
3. Public
Comment Session – There were five speakers: Charles Vaughn (Ex-Trustee of Trust Fund Summary Report to the
City Council); Harold Ecker (City Business); Audrey Bierhans (Gravestones by
Dusk); Peter Bresciano (Library Bonding); and Seth Marbin (Martin Luther King
March).
4. Public
Hearing – (1) To obtain views of citizens on a grant application proposal from
the City of Portsmouth to the NH Coastal Program to fund improvements on Peirce
Island, (2) explain the availability of NH Coastal Program funds, and (3)
explain the range of projects which could be undertaken with NH Coastal Program
funds – Held a Public Hearing.
Voted to suspend the rules in order to take up Item X A.2. – Public
Hearing Re: Request for Approval to
Apply for a Coastal Zone Management Grant Application for Peirce Island. Voted to authorize the City Manager to apply
for a grant through the NH Coastal Zone Management Program in support of
passive recreational improvements to Peirce Island.
5. First
reading of Ordinance amending Chapter 7, Article XI, Section 7.1100 – Speed
Limits, Sub-Section B – Speed Limit:
20MPH – Odiorne Point Road and Gosport Road – Voted to pass first
reading of the amendment to Chapter 7, Article XI, Section 7.1100, as drafted,
and establish a Public Hearing and second reading at the February 4th
City Council meeting. By subsequent vote of the City Council
voted to hold the Public Hearing and second reading of this Ordinance at the
March 4th City Council meeting.
6. First
reading of Ordinance amending Chapter 7, Article III, Section 7.330 – No
Parking – Sub-Section A – Elm Court: on
the westerly side of Elm Court – Voted to pass first reading of the
amendment to Chapter 7, Article III, Section 7.330, as drafted, and establish a
Public Hearing and second reading at the February 4th City Council
meeting. By subsequent vote of the City
Council voted to hold the Public Hearing and second reading of this Ordinance
at the March 4th City Council meeting.
7. First
reading of Ordinance amending Chapter 7, Article III, Section 7.330 – No
Parking, Sub-Section A – Austin Street (Northerly side of Austin Street between
Union Street and Madison Street) and Mirona Road (Both sides from Lafayette
Road westerly a distance of 525 feet) – Voted to pass first reading of the
amendment to Chapter 7, Article III, Section 7.330, as drafted, and establish a
Public Hearing and second reading at the February 4th City Council
meeting. By subsequent vote of the City
Council voted to hold the Public Hearing and second reading of this Ordinance
at the March 4th City Council meeting.
8. First
reading of Ordinance amending Chapter 7, Article III, Section 7.330 – No
Parking – Sub-Section B – No Parking – School Zones – Austin Street – Voted
to pass first reading of the amendment to Chapter 7, Article III, Section
7.330, as drafted, and establish a Public Hearing and second reading at the
February 4th City Council meeting. By subsequent vote of the City Council voted to hold the Public Hearing
and second reading of this Ordinance at the March 4th City Council
meeting.
9. First
reading of Ordinance amending Chapter 1 by the addition of a new Article XVI –
Adoption of Fees by Budget Resolution – Voted to approve first reading on
amendment to City Ordinances to add a new section entitled Chapter 1, Article
XVI, to allow the adoption of fees by budget resolution and establish a Public
Hearing and second reading at the February 4th City Council
meeting. Councilor Whitehouse voted
opposed. By subsequent vote of the City
Council voted to hold the Public Hearing and second reading of this Ordinance
at the March 4th City Council meeting.
10. First reading of Resolution
Authorizing a Bond Issue of up to Seven Million Dollars ($7,000000) for the
Construction of a New Public Library – On a roll call vote 8-1, voted to
authorize first reading of the Resolution authorizing a bond issue of up to
$7,000,000 for the construction of a new public library and hold a Public
Hearing and second reading at the February 4th City Council
meeting. Assistant Mayor Hanson,
Councilors Grasso, Lown, Hynes, Pantelakos, Whitehouse, St. Laurent and Mayor
Sirrell voted in favor. Councilor
Marconi voted opposed.
11. On a unanimous roll call 9-0, voted that
Public Hearings and second readings for Ordinance Items VIII A. – E. be held at
the March 4th City Council meeting.
12.
Letter from Audrey Bierhans requesting any funds collected
for the restoration of Stephen Chase’s tombstone be placed in an account opened
with the city – Voted to refer to the City Manager with power.
13.
Letter from Jeffrey Gabel, The Music Hall regarding an
article in USA Today where Portsmouth is cited as one of our nation’s 10
greatest small towns because of our exciting arts and culture – Voted to
accept and place letter on file.
14.
Letter from Marjorie Hubbard, Greater Portsmouth Chamber of
Commerce requesting permission to hang Portsmouth Harbour Trail flags at 26 key
sites for the 2002 season – Voted to refer to the City Manager with power.
15.
Letter from Diane Pehrson-Fusco, American Lung Association
requesting permission to hold the annual Clean Air Challenge Seacoast Bike Tour
on May 18 & 19, 2002 – Voted to refer to the City Manager with power.
16.
Letter from Vanessa Kortze, American Diabetes Association
requesting permission to hold the annual Tour de Cure event on Sunday, May 5,
2002
– Voted to refer to the City Manager with power.
17.
Letter from Douglas Knight, Pro Portsmouth, Inc. requesting
permission to hold Children’s Day 2002 on Sunday, May 5, 2002 – Voted to
refer to the City Manager with power.
18.
Letter from Douglas Knight, Pro Portsmouth, Inc. requesting
permission to hold Market Square Day 2002 on Saturday, June 8, 2002 – Voted to
refer to the City Manager with power.
19.
Sidewalk Obstruction License application – Lucky 7 Gallery 1
A-frame sign – Voted to approve the application.
20.
Sidewalk Obstruction License application – Zaatar Café 2
A-frame signs – Voted to approve the application.
21.
Request from AT&T Broadband to Commence Renewal Process
of Cable Franchise Agreement – Voted to move the letter from
AT&T dated December 26th regarding the renewal process of the
cable franchise to the Cable Commission and authorize the City Manager to
obtain special counsel to commence negotiations.
22.
Letter from Attorney Bernard Pelech regarding rezoning of
property located off of Lang Road – Voted to refer to the Planning Board
for a report back.
23.
Acceptance of $50.00 donation from Dan & Eileen Dioyon
for renovations to the Sherburne Playground (Not on agenda) – Voted to
accept a $50.00 donation from Dan & Eileen Dioyon for renovations to the Sherburne
Playground.
24.
Request for Work Session Re: 1) Proposed Second Parking Garage, and 2) Market Square Day
Request
– Voted to establish a work session with the EDC on Monday, January 28th,
at 6:30 p.m. for the purposes of discussing the potential of a second parking
garage at the Worth Lot, followed by a work session at 7:30 p.m. with
Pro-Portsmouth to discuss Market Square Day.
25.
Request to Bring Back for First Reading an Amendment to City
Ordinance 8.206(A) and 8.206(J) – Loitering and Boisterousness – Voted to
authorize the City Manager to have the City Attorney draft an amendment to the
City Ordinance regulating alcohol use, Sections 8.206A and 8.206J, to bring
back for first reading at the March 4th City Council meeting. Councilor Lown voted opposed.
26.
Request to Approve a Proposed Policy Procedure in Naming of
Private Streets – Voted to approve the proposed policy procedure, as
submitted, to assist in the naming of private streets.
Procedure in Naming Private Streets:
1.
The property owner submits a request to the City Council
seeking the formal naming of a private street/driveway for purposes of
enhancing public safety. The
communication should include a depiction of the appropriate rights-of-ways and
may offer suggestions as to names.
2.
The City Council may refer the request to the Planning Board
for a report back with recommendations.
3.
The referral shall be forwarded to the Police and Fire
Departments for assistant in: 1)
determining if the site has been difficult to locate and service; and, 2) to offer
comments on proposed names.
4.
Using this information the Planning Board shall consider and
make appropriate recommendations from the following options:
5.
Recommendation to formally name a private street/driveway:
·
That the private street/driveway should be named.
·
That Public Safety Agencies approved the use of a particular
name.
·
That Public Works should determine the proper numbering in
conjunction with the postal service.
·
That posted signs shall be installed, which designate the
street/driveway as being “Private”.
·
That the property owner should bear associated costs in
preparing and installing signage
6.
Recommendation to not formally name a private right-of-way:
·
That no public safety issues have been identified.
·
That Public Safety Agencies do not approve the use of a
particular name.
·
That more information is needed before a determination can
be made.
27.
Request to use “Pheasant Lane” as a Name for a Private
Street off Hoover Drive – Voted to approve the request from the Condominium
Association that its street be known as “Pheasant Lane,” subject to the
stipulations previously outlined.
28.
Report Back Re:
Ralph’s Truck Sales – Request to Release Easement – Voted to
approve the request of Attorney John P. McGee, Jr. to release an easement on
the Ralph’s Truck Sales property on Lafayette Road, subject to the concurrence
of the Public Works Department.
29.
Request for Conditional Acceptance of Wholey Way – Voted to
conditionally accept Wholey Way as recommended by the Planning Board.
30.
Request for Conditional Acceptance of Odiorne Point Road
(Tucker’s Cove, Phase III) – Voted to conditionally accept Odiorne Point Road
(Tucker’s Cove, Phase III) as recommended by the Planning Board.
31.
Request to Bring Back for First Reading a Proposed Amendment
to the Zoning Ordinance pertaining to Impact Fees – Voted to
authorize the City Manager to bring back for first reading on March 4th
various amendments to the City Ordinances that would allow for the
establishment of an Impact Fee Ordinance.
32.
Rehabilitation of the 1895 Building – Voted to
authorize the City Manager to take actions necessary to work with the
Portsmouth Housing Authority, and all appropriate state and federal agencies,
to pursue the rehabilitation of the 1895 building for use as senior housing,
and specifically, to enter into a six-month development option agreement with
the Portsmouth Housing Authority.
33.
Request for Approval of Pole License Agreement – Voted to
approve the pole license agreement as recommended by the Public Works
Department contingent upon the removal of the guide
wire near the corner of Harding and Elwyn Roads.
34.
Requests Re: Moebus
Terrace Paper Street – Voted to refer the Meyer, LeVerrier, and Little requests
regarding Moebus Terrace to Planning Board for a report back.
35.
Acceptance of New Hampshire Estuaries Grant – Brackett Road
sewer extension (Not on Agenda) – Voted to accept the Estuaries Grant
in the amount of $30,000 for the Brackett Road sewer extension.
36.
Voted to hold a work session with the Trustees of the Trust
Fund on Monday, March 11th at 6:30 p.m., in Conference Room A.
Assistant
Mayor Hanson requested that the Trustees of the Trust Fund disclose the total
fees paid for the investment advisor and the commissions paid. He also requested that the City Manager
instruct the City Attorney not to pursue legal action through Probate Court to
invade the trust.
Councilor
Marconi requested that the City Council receive copies of the Prescott Trust
documentation for review before the work session on March 11th.
Councilor
Grasso requested a legal opinion from the City Attorney on the authority the
City Council has on the Trustees of the Trust Fund.
37.
Donation to the Coalition Legal Fund – Voted to
accept the $5,000 contribution from the Town of Tuftonboro to be placed in the
Coalition Legal Fund.
38.
Appointments/Resignation – The City Council considered
the following appointments: Ronald
Cypher, Ralph DiBernardo, Herbert Bunnell, and Hank Greenberg to the Traffic
& Safety Committee; Everett Eaton to the Economic Development Committee;
and Eugene Fisk to the Cable Television Commission. These appointments will be voted on by the City Council at the
February 4th meeting.
Voted the
appointment of Eileen Foley to the Trustee of the Trust Funds filling the
unexpired term of Charles Vaughn until January 1, 2004.
Voted the
reappointment of William Elwell to the Trustee of the Trust Funds until January
1, 2005.
Voted the
reappointments of Peter Bresciano, James Feehley, Frank Daggett and Betty
Sanford to the Taxi Commission until December 31, 2003.
Voted the appointment
of Noele Clews to the Planning Board filling the unexpired term of Faye
Goldberg until December 31, 2004.
Voted the
appointment of Paige Roberts from an alternate to a regular member of the
Planning Board filling the unexpired term of Arthur Parrott until December 31,
2004.
Voted the
appointment of George Savramis as an alternate to the Planning Board filling
the unexpired term of Paige Roberts until December 31, 2002.
Voted the
reappointment of Frederick Gray to the Traffic & Safety Committee until
January `\1, 2004.
Voted the
reappointment of Christopher Rogers to the Board of Adjustment until December
1, 2006.
Voted the
reappointment of Barbara Ward to the Library Trustees until October 1, 2004.
Voted to
accept with regret the resignation of Virginia Weeks from the Board of
Adjustment with appreciation for her service to the City.
39.
Appointment of School Board Representatives to various
Boards and Commissions (Not on agenda) – Voted to approve the appointments of
School Board Representatives to various Boards and Commissions as recommended
by the School Board. The appointments
are as follows: John Lyons, Charles
Vaughn and Kent LaPage to the Joint Budget Committee; Nancy Novelline
Clayburgh, Carvel Tefft, and Kent LaPage to the Joint Building Committee;
Raimond Bowles to the Library Trustees; and Kent LaPage to the Recreation
Board.
40.
Consideration of First Reading of Ordinance amending Chapter
7, Article II – Taxicabs – Section 7.2100 C, License Required – Voted to
approve Councilor Whitehouse’s request to bring back for first reading on
February 4th an amendment to Chapter 7, Article II – Taxicabs.
41.
Adjournment – At 9:30 p.m., voted to adjourn.
Respectfully
submitted by:
Kelli L.
Barnaby, City Clerk