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Agenda – City Council Meeting September 4,, 2018 of 4

CITY COUNCIL MEETING • 6:15PM – WORK SESSION – 2018 PROPERTY VALUATION RESULTS – CITY ASSESSOR

ROSANN LENTZ MUNICIPAL COMPLEX, EILEEN DONDERO FOLEY COUNCIL CHAMBERS, PORTSMOUTH, NH DATE: TUESDAY, SEPTEMBER 4, 2018 TIME: 6:15PM I. CALL TO ORDER II. ROLL CALL III. INVOCATION IV. PLEDGE OF ALLEGIANCE

PRESENTATIONS 1. Letter of Recognition from Mayor Blalock to Portsmouth Underbelly Tour 2. Cooperative Alliance for Seacoast Transportation (COAST)

V. ACCEPTANCE OF MINUTES – AUGUST 6, 2018 VI. PUBLIC COMMENT SESSION VII. PUBLIC HEARINGS & VOTES ON ORDINANCES AND/OR RESOLUTIONS

A. Public Hearing – Boarding or Rooming Houses

ORDINANCE AMENDING CHAPTER 9, ARTICLE VIII – BOARDING OR ROOMING HOUSES, SECTIONS 9.801 – 9.805 • PRESENTATION • CITY COUNCIL QUESTIONS • PUBLIC HEARING SPEAKERS • ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS

(Sample motion – move to pass second reading and schedule a third and final reading of the proposed amendment to the Boarding House Ordinance at the September 17, 2018 City Council meeting, as presented)

B. Public Hearing – Exemption for Solar Energy Systems

RESOLUTION RE: EXEMPTION FOR SOLAR ENERGY SYSTEMS

• PRESENTATION • CITY COUNCIL QUESTIONS • PUBLIC HEARING SPEAKERS • ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS

(Sample motion – move to adopt the proposed Resolution, as presented)


VIII. APPROVAL OF GRANTS/DONATIONS

(There are no items under this section of the agenda)

IX. CONSENT AGENDA

(ANTICIPATED ACTION - MOVE TO ADOPT CONSENT AGENDA) A. Letter from Matt Junkin, Seacoast Rotary, requesting to hold the 10th Annual Seacoast

Rotary Turkey Trot 5k on Thanksgiving, November 22, 2018 at 8:30 a.m. (Anticipated action – move to refer to the City Manager with power)

B. Request for License to Install Projecting Sign for Laurie Smith, owner of Yogasmith LLC

for property located at 16 Market Square (Anticipated action – move to approve the aforementioned Projecting Sign License as recommended by the Planning Director, and further, authorize the City Manager to execute the License Agreement for this request)

Planning Director’s Stipulations • The license shall be approved by the Legal Department as to content and

form;

• Any removal or relocation of projecting sign, for any reason, shall be done at no cost to the City; and

• Any disturbance of a sidewalk, street or other public infrastructure resulting

from the installation, relocation or removal of the projecting sign, for any reason shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works)

C. *Acceptance of Donation to the Coalition Legal Fund

• Town of Rye - $5,000.00 (Anticipated action – move to approve and accept the donation, as listed, to be placed in the Coalition Legal Fund)

D. Letter from Barbara Massar, Pro Portsmouth, Inc., requesting permission to hold the

following events: • First Night Portsmouth 2019, Monday, December 31, 2018; 4pm - Midnight • Children’s Day, Sunday, May 5, 2019; Noon – 4pm • 42nd Annual Market Square Day Festival & 10K Road Race, Saturday, June 8,

2019; 9am – 4pm • 17th Annual Summer in the Street, Saturday evenings 5pm – 9:30pm; June 29th,

July 6th, July 13th, July 20th and July 27th (Anticipated action – move to refer to the City Manager with power)

E. Letter from Liz Good, Moderator, North Church of Portsmouth, UCC, requesting

permission to hold it’s annual Rally Sunday in Market Square sanctuary on Sunday, September 16, 2018 (Anticipated action – move to refer to the City Manager with power)


X. PRESENTATION & CONSIDERATION OF WRITTEN COMMUNICATIONS & PETITIONS

A. Email Correspondence (Proposed motion – move to accept and place on file)

XI. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS

A. CITY MANAGER

City Manager’s Items Which Require Action: 1. Approval of Extension of Employment Agreement for Stephen Zadravec,

Superintendent of Schools 2. Approval Re: Step Increases for Police Chief Robert Merner 3. Request for First Reading Re: Chapter 7, Section 7.102 – Parking Meter Zones,

Subsection A, Downtown High Occupancy Zone 4. McIntyre Project – Extension of Negotiating Principles 5. Establish a Non-Public Session Re: Collective Bargaining Guidelines 6. Request to Schedule First Reading Re: Proposed Ordinance for the creation of a

Highway Noise Overlay Zoning District City Manager’s Informational Items: 1. Events Listing 2. Presentation: Citizen Request for Transitional Zoning Option for Bartlett Street Area 3. Bicycle / Pedestrian Plan Program Update 4. Report Back Re: Path to Silver Bicycle Friendly Community Status 5. Update on Doble Property Transfer and Preparation for Reuse 6. Appointment of Administrative Official as Ex Officio Member to Planning Board 7. Portsmouth Water Division Receives Public Communications Award from the New

England Water Works Association 8. Portsmouth Public Works’ Intern Program Continues to Improve Data Planning B. MAYOR BLALOCK 1. Appointment to be Considered:

• Thomas Watson reappointment to the Economic Development Commission • Jolanda Fannin reappointment to the Board of Library Trustees • Marsha Filion appointment to the Board of Library Trustees

2. Appointment to be Voted: • Shari Donnermeyer reappointment to the Parking &Traffic Safety Committee

3. Mayor’s Appointment of Historical Society Representative to the Demolition Committee– Barbara Ward

C. COUNCILORS ROBERTS 1. *“Accessory Dwelling Unit Ordinance – Request for Report Back”?


D. COUNCILOR DENTON 1. Flier 1 – Burned; Flier 2 – Portsmouth Peoples Climate Movement; Flier 3 – Portsmouth

Electric Vehicle Show

E. COUNCILOR PERKINS 1. *“Food Trucks – referral to the Planning Board for zoning change consideration”?

XII. MISCELLANEOUS/UNFINISHED BUSINESS

A. Legislative Subcommittee Report • Summary of Legislative Subcommittee’s recommendations to the City Council

regarding four floor Polices to be considered NHMA policy recommendations for the Legislative Police Conference

(Proposed Motion – move to accept and support Floor Policies #2, #3, and #4 as written) (Proposed Motion – move to support Floor Policy #4 if the abatement interest rate is amended to 2.5%) (Proposed Motion –move to appoint Councilor Dwyer as the City’s voting delegate at the upcoming NHMA Policy Conference)

XIII. ADJOURNMENT

KELLI L. BARNABY, MMC, CMC, CNHMC CITY CLERK

* Indicates verbal report

CITY COUNCIL MEETING MUNICIPAL COMPLEX PORTSMOUTH, NH DATE: MONDAY, AUGUST 6, 2018 TIME: 7:00PM

I. CALL TO ORDER

Mayor Blalock called the meeting to order at 7:10 p.m. II. ROLL CALL

PRESENT: Mayor Blalock, Assistant Mayor Lazenby, Councilors Roberts, Pearson,

Dwyer, Denton, Perkins, Raynolds and Becksted

III. INVOCATION

Mayor Blalock asked everyone to join in a moment of silent prayer. IV. PLEDGE OF ALLEGANCE

Mayor Blalock led in the Pledge of Allegiance to the Flag. V. ACCEPTANCE OF MINUTES – JULY 9, 2018 Councilor Perkins moved to accept and approve the minutes of the July 9, 2018 City Council meeting with minor amendment correcting the date of the meeting on page 3 of the minutes to July 9, 2018. Seconded by Assistant Mayor Lazenby and voted. VI. PUBLIC COMMENT SESSION Wes Tator said a year ago the City Council passed a Resolution in support of Carbon Fee and Dividend. He explained the meaning behind the Resolution. He said the country is following us and are up to 100 cities that have passed the Resolution and climbing. He said 1,900 homes are at risk by 2045 on the seacoast and putting dams up and restoring land will only partially solve it. We need to recognize the urgency of this and raise our voices and take action. He spoke to a book “Rising” which is a series of glimpses of what it is like to be living in some of our most targeted places in Maine, Massachusetts and Rhode Island. Kathy Bergeron said National Night Out will be held tomorrow August 7th from 5:00 p.m. to 8:00 p.m. She said that this has been held for the last twenty years and there are 17 neighborhoods participating this year. She said for more information go to the Citywide Neighborhood Facebook page.

VII. PUBLIC HEARINGS & VOTES ON ORDINANCES AND/OR RESOLUTIONS A. First reading of Ordinance amending Chapter 7, Article IV, Section 7.402 regarding the

Foundry Place Garage Designation Councilor Denton moved to pass first reading and schedule second reading and a public hearing at the August 20, 2018 City Council meeting, as presented. Seconded by Councilor Pearson.

City Council Meeting Minutes August 6, 2018

Page 2 Councilor Denton said he would like to see a space in front of the Foundry Place Garage for a food truck to be located. Motion passed. Councilor Becksted recused himself from all discussion and votes regarding the following Ordinances regarding 105 Bartlett Street Rezoning.

B. PUBLIC HEARING - 105 BARTLETT STREET – PART 1.A. (CONTINUED FROM THE JULY 9, 2018 CITY COUNCIL MEETING)

• AMENDMENTS TO ARTICLE 4, SECTION 10.440 TABLE OF USES; • AMENDMENT TO THE CHARACTER-BASED ZONING BUILDING PLACEMENT

SECTION 10.5A42; • AMENDMENTS TO THE CHARACTER-BASED ZONING INCENTIVE OVERLAY

DISTRICT SECTION 10.5A46 • AMENDMENTS TO THE CHARACTER-BASED ZONING REGULATION PLAN

MAPS (MAPS 10.5A21A) TO CHANGE TAX MAP 157 LOTS 1 AND 2 FROM OFFICE RESEARCH (OR) TO CHARACTER DISTRICT 4 WEST END (CD4-W_ AND A PORTIION OF TAX MAP 164 LOT 4 FROM OR AND TRANSPORTATION CORRIDOR (TC) TO CD4-W

• AMENDMENTS TO THE CHARACTER-BASED ZONING REGLATION PLAN MAPS (MAPS 10.5A21B) TO EXTEND THE WEST END OVERLDAY DISTRICT AND ADD NEW BUILDING HEIGHT STANDARDS FOR TAX MAP 157 LOTS 1 AND 2 AND A PORTION OF TAX MAP 164 LOT 4;

• AMENDMENT TO ARTICLE 15 DEFINITIONS SECTION 10.1530

• PRESENTATION

Planning Director Walker said this will rezone a portion of 105 Bartlett Street. She spoke to part of the parcel being owned by Clipper Traders, LLC, Ricci Lumber & Hardware and Pan Am Railroad. She stated the zoning petitioner has entered into an agreement with the railroad to subdivide the property which would require re-zoning and they want to redevelop the property. Planning Director Walker said currently the front portion of the property abutting Bartlett Street is zoned CD-4W with the remaining zoned OR out to Maplewood Avenue and there is a corridor along the railroad. She stated the boundary of the property extends out to Langdon Street. She spoke to some issues the City Council wanted input from City staff which she is providing a summary of the input and said it captures the themes raised from the last Council meeting. She reported existing land use regulations do adequately address issues. She said zoning currently drafted requires a minimum of open space and natural resources with the a requirement of open space being 25% of the site and if the developer wants to take advantage of incentives to allow for further density, 20% would be dedicated community space with deeded public access. She said the zoning amendment is consistent with master plan goals with access to water areas, reinforces environmental protections in wetlands, flooding and soils. She said this preserves open space and natural resources along with balancing economic and public benefits with neighborhood impacts. She said it also considers the neighborhood access to North Mill Pond path.


Page 3 Planning Director Walker said the area within 100 – 250 feet of the North Mill Pond tide line does have additional regulations and will help guide the development, wetlands and natural resources. She stated any development within 100 feet of the shoreline would require a permit from NH DES and a wetland conditional use permit. She spoke to the 250 protected shore land and additional permits that are required in the area. She said the Planning Board is looking at revising the flood plan and requirements, and they will be doing that on a citywide basis. She informed the Council that there is a sewer line that runs through the property and would require a 20 foot no build easement. She spoke to the active rail corridor that would connect to Maplewood Avenue. Planning Director Walker said the staff recommendation would be to pull the CD4-L1 District all the way to Dover Street extending 80 feet to the edge of the railroad property and run parallel to the sewer easement. She said they would also change CD4-L2 to CD4-L1 to limit the type of uses to residential uses with slightly commercial. She said a number of height areas for the buildings currently exist, the site is zoned CD-4W and height is 3 stories for maximum of 45 feet and you could go up to 4 stories or 55 feet. She stated the neighborhoods felt it was not compatible with existing heights. Planning Director Walker said the staff is recommending extending the height area all the way along Langdon Street to Salem Street on water side 20 feet with a density incentive maximum of 30 feet on the railroad side extending all the way to Dover Street 20 feet maximum height with 30 feet density. She stated the other side would remain unchanged. Planning Director Walker said the staff considered overall mass and scale of buildings in CD-4W and a limited footprint would only be able to be 20,000 square feet within 250 feet of the North Mill Pond. She spoke to another change which was to add public view corridors extending Dover Street, Cabot Street, Cornwall Street and Langdon Street. She said they are adding Cornwall Street and will not extend all the way to the water and will not impact the current property located on Cornwall Street. She addressed reducing minimum ground story height to 9 feet. She said they would allow ground story parking if a liner building is provided where the building fronts on a public or private street. She said they removed residential parking incentive and clarified requirements for North Mill Pond multi-use path. In addition, they also added to open views and require a 30 ft. minimum separation of buildings if footprint is greater than 2,500 square feet in CD4-L1. She stated that staff is recommending all the proposed changes and which address some concerns raised by the public. Below is a summary of Revision to July 9th Draft:

a) Part 1B – Amend the Character Districts and Civic Districts Map (10.5A21A) to change the proposed Character District designation from CD4-L1 to CD4-L1

b) Parts 1A and 1B – Amend the Character Districts and Civic Districts Map (10.5A21A) to change the portion of the property located between Cabot and Salem Streets and bound by the railroad tracks and the North Mill Pond shoreline and the portion of the property located between Dover and Salem Streets and bound by the railroad tracks and a line parallel to the 10’ northwest of the City sewer line from CD4-W to CD4-L1

c) Part 1B [NOTE: Only done in conjunction with item B above] – Amend Building Height Standards Map (10.5A21B) to reduce the maximum building height for buildings located between Salem and Cabot Streets in the revised CD4-L1 District to 1-Story / 20 feet

d) Part 1B [NOTE: Only done in conjunction with items A & B above] – Amend the Table in Section 10.5A46.10 Incentives to Development standards by modifying proposed footnotes 1 and 2 (allowing for a maximum building footprint of 3,500 and a maximum building block length


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of 100’) to apply to both the CD4-L1 and CD4-L2 districts e) Part 1B – Amend Section 10.5A42 to add a view corridor requirement at Cornwall Street f) Part 1B – Amend the Table in Section 10.5A46.10 Incentives to Development Standards by

modifying proposed footnote 1 to require 30’ minimum separation between individual buildings in CD4-L1/L2 if the building footprint in greater than 2,500 square feet

g) Part 1A – Amend Incentives to Development Standards to limit the maximum building footprint to 20,000 SF within 200 feet of the North Mill Pond for properties in the CD4-W District

h) Parts 1A and 2 – Amend the Incentives to Development Standards by modifying the proposed ground story parking provision with required liner building to apply to both public and private streets. Remove requirement for the liner building to be designed as a shopfront for commercial space. This amendment was previously included in Part 2, recommend moving to Part 1A.

Scope of Planning Board Review

Zoning Amendment • Consistency with Master Plan • Consistency with General

Purpose and Intent of Zoning Ordinance

Subdivision Approval • Properly dispersed development • Protection of natural drainage

systems and flood areas • Location and design of streets,

open spaces • Compliance with engineering

standards • Traffic circulation and parking • Provisions for public safety

Site Plan Review Approval • Safe and orderly site

development • Sustainable design, ecological

integrity • Protection of natural resource

systems, water quality • Stormwater management • Protect abutters from hazards,

unsightliness, nuisances • Adequacy of infrastructure • Traffic and circulation • Historic and cultural character

• CITY COUNCIL QUESTIONS

Councilor Denton asked what the square feet from east and west of Dover Street. Planning Director Walker said 2,500 maximum building foot print and square foot with density bonus foot print of 3,500. Councilor Perkins asked about allowing parking between buildings. Planning Director Walker said we require a large gap between the buildings.


Page 5 Councilor Raynolds asked in order to take the density bonus the developer would need to provide significant community space which would provide for the North Mill Pond path. Planning Director Walker said community space is deeded public access. She said creation of the path is in the Master Plan and the path would be a gateway along the North Mill Pond. Councilor Perkins said she would like outdoor dining and would it require a change to the table. Councilor Pearson asked about the 3-D model and viewing the changes. Planning Director Walker said that she could work on that for third reading. Councilor Dwyer said access to the greenway is a concern. She said the ordinance suggest legal and physical access to the public way. She said access from the neighborhood is desirable and zoning makes every effort if possible to allow for the access. She asked if drive thru’s are allowed. Councilor Roberts spoke regarding the restrictions for a liner building. Planning Director said the drive way would be limited and most of the site would be a street.

• PUBLIC HEARING SPEAKERS

Councilor Denton moved to reopen the public hearing. Seconded by Assistant Mayor Lazenby and voted. Mike Fidell, railroad, said they have not exercised a fence clause in 32 years. Todd Baker supports the zoning change and said zoning should be flexible and Portsmouth needs more housing in the community. He stated that higher density should be required closer to the downtown. Elizabeth Bratter said she would like the City Council to accept the revisions presented by the Planning Department. She said that flooding to the area will increase over time and how the water travels. She stated outdoor dining is an issue and noise from that will travel over the water into the neighborhoods. Ms. Bratter requested that a sound level study be done when the train goes through the area. Melissa Doer said she is thankful for the work by the Planning Department on the revisions. She said the changes that have been made help with current neighborhoods and future neighborhoods. She spoke to the green way and its benefit and asked how the community will access the green way. She said she supports the development. Liza Hewitt said she is concerned with the rezoning request. She said she brought waste clinker and asked how the City could justify people living on a coal waste area. She feels it would endanger people’s lives.


Page 6 Betty Schmidt thanked the City Council and is happy with changes but is concerned with building height. She would like to know the total height in feet with incentives. She stated there is no affordable housing with this project. She said there is no increased access to the North Mill Pond from McDonough Street. Ms. Schmidt said the City should put the project on hold to find out about flood plain areas. She also said the City may want to consider a bigger green space. Susan Frohn said the area is not appealing and supports the development. She said it is a realistic good proposal and people want to come and enjoy the North Mill Pond. Sean Dick said the West End has been neglected and needs this development. He said he supports the green way and said it is a perfect space. Tom Dennis spoke in support of the zoning proposal and said the green way will be much needed. He said it would create a much needed buzz to the area. He said the Planning Board had a site walk and two public hearings and would like the City Council to support the project. Wes Tator said he supports the project and looks forward to walking the green way. He said the staff and Planning Board has met the challenges with this project and this is a great development. Bill Valway said the project is exciting and he supports the development. Joe Caldarola addressed the process followed and said it is ideal and would like the City Council to approve the process. Mr. Terry thanked the City Council and Planning Board for addressing all the matters with this proposal. He is looking forward to having access to the water front. He said in order to get the project right we need to get the zoning right. Doug Pinciaro said there has been a phase I site review for environmental matters and the results were supportive of the project. He reported that the coal clinker is not considered a contaminant by the DES. He stated the property will be sold and developed whether it is by Clipper Traders, LLC or not. Mr. Pinciaro said they have listened to the residents and Planning Board and have made concessions for the development. Tim Phoenix said the development team appreciates the care of the City Council, Planning Board, Director Walker and staff on the process. He said the Master Plan speaks to Portsmouth Listens and priorities and housing was number 1. He said the team would like to get to third reading this evening.


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• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Councilor Raynolds move to close the public hearing. Seconded by Assistant Mayor Lazenby and voted. Councilor Perkins moved to incorporate the Planning Department staff’s suggested revisions into Part 1A. Seconded by Councilor Raynolds. Councilor Roberts said he is concerned with the height for the middle section. Planning Director Walker said with the density incentive it could go up to 55 feet. Councilor Roberts said he would support the rezoning because of the comments made in support. Motion passed. Councilor Raynolds moved to pass second reading of the proposed amendments Part 1A, as amended and schedule third and final reading for August 20, 2018 City Council meeting. Seconded by Councilor Perkins.

Councilor Perkins moved to amend the ordinance by making two changes to the use table to allow in CD-4W outdoor drinking and dining to a permitted use. Seconded by Councilor Raynolds. Councilor Dwyer said she feels this is a bad idea. She said the reflective sound across the water would have an impact to the neighborhood. She said we need to think about what is happening to another neighborhood. She stated she supports a conditional use permit by following through the process. Councilor Denton said he feels a conditional use permit is fair. Councilor Perkins said she has made the motion and feels there is a shortage of outdoor spaces to enjoy. She stated she would be open to a recommendation from staff. Councilor Roberts said he supports the conditional use permit process. Mayor Blalock passed the gavel to Assistant Mayor Lazenby. Mayor Blalock said he supports the process and feels it would be a good development. He also spoke in favor of the zoning changes. Assistant Mayor Lazenby returned the gavel to Mayor Blalock.


Page 8 Assistant Mayor Lazenby said the public has been engaged in the process and the process improved from the beginning. He said staff has made information available to read. He stated he would like to pass third and final reading this evening. Mayor Blalock said a suspension of the rules would need to happen for third reading. Councilor Roberts said it was not the best way for the developer to have a project and then change the zoning. He said there are other areas that will come up and he would like staff to think about that. On a roll call 2-6, motion to amend the ordinance by making two changes to the use table to allow in CD-4W outdoor drinking and dining to a permitted use failed to pass. Councilor Perkins and Raynolds voted in favor. Assistant Mayor Lazenby, Councilors Roberts, Pearson, Dwyer, Denton and Mayor Blalock voted opposed. Assistant Mayor Lazenby moved to suspend the rules to take up third and final reading this evening. Seconded by Councilor Perkins. Assistant Mayor Lazenby said it feels right to him to move forward with the ordinance and take up third and final reading this evening. On a roll call 1-7, motion to suspend the rules to take up third and final reading this evening failed to pass. Assistant Mayor Lazenby voted in favor. Councilors Roberts, Pearson, Dwyer, Denton, Perkins, Raynolds and Mayor Blalock voted opposed. Motion to pass second reading of the proposed amendments Part 1A, as amended and schedule third and final reading for August 20, 2018 City Council meeting passed.

C. PUBLIC HEARING – 105 BARTLETT STREET – PART 1.B. – (Continued from the July 9, 2018 City Council meeting)

PART 1.B. – ORDINANCE AMENDING CHAPTER 10 – ZONING ORDINANCE – PETITION FOR RE-ZONING OF 105 BARTLETT STREET (PROPOSED CHARACTER DISTRICT 4-L2) • AMENDMENTS TO THE CHARACTER-BASED ZONING INCENTIVE

OVERLAY DISTRICT SECTION 10.5A46; • AMENDMENTS TO THE CHARACTER-BASED ZONING

REGULATION PLAN MAPS (MAPS 10.5A21A) TO CHANGE A PORTION OF TAX MAP 164 LOT 4 OR AND TRANSPORTATION CORRIDOR (TC) TO CD4-L2; AND


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• AMENDMENTS TO THE CHARACTER-BASED ZONING REGULATION PLAN MAPS (MAPS 10.5A21B) TO EXTEND THE WEST END OVERLAY DISTRICT AND ADD NEW BUILDING HEIGHT STANDARDS FOR A PORTION OF TAX MAP 164 LOT 4

• PRESENTATION

Presentation was made under Part 1.A. for all three ordinances.

• CITY COUNCIL QUESTIONS There were no questions by the City Council.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing and called for speakers. Elizabeth Bratter said 4-L2 is not what you are voting on. Planning Director Walker explained that it is reflected correctly on the Council agenda. Assistant Mayor Lazenby moved to close the public hearing. Seconded by Councilor Perkins and voted.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Councilor Perkins moved to incorporate the Planning Department staff’s suggested revisions into Part 1.B. Seconded by Assistant Mayor Lazenby and voted. Councilor Perkins moved to pass second reading of the proposed amendments Part 1.B., as amended and schedule third and final reading for August 20, 2018 City Council meeting. Seconded by Councilor Dwyer and voted.

D. PUBLIC HEARING – 105 BARTLETT STREET – PART II – (Continued from the July 9, 2018 City Council meeting)

PART II. – ORDINANCE AMENDING CHAPTER 10 – ZONING ORDINANCE – PETITION FOR RE-ZONING OF 105 BARTLETT STREET (HOUSEKEEPING)

• AMENDMENTS TO CHARACTER-BASED ZONING DEVELOPMENT STANDARDS SECTION 10.5A41;

• AMENDMENTS TO CHARACTER-BASED ZONING BUILDING FORM AND FACADES SECTION 10.5A43;


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• AMENDMENTS TO CHARACTER-BASED ZONING COMMUNITY SPACES SECTION 10.5A45

• PRESENTATION

Presentation was made under Part 1.A. for all three ordinances.

• CITY COUNCIL QUESTIONS Councilor Roberts asked about the 9 foot first story. Planning Director Walker said it provides flexibility and does not provide an active front street. She said this would be only in the overlay district and is more appropriate with first floor parking.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing and called for speakers. With no speakers Mayor Blalock asked for a motion to close the public hearing. Councilor Denton moved to close the public hearing on Part 2 of re-zoning of 105 Bartlett Street. Seconded by Assistant Mayor Lazenby and voted.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Assistant Mayor Lazenby moved to incorporate the Planning Department staff’s suggested revisions into the Part 2. Seconded by Councilor Dwyer and voted. Councilor Raynolds moved to pass second reading of the proposed amendments Part 2, as amended and schedule third and final reading for August 20, 2018 City Council meeting. Seconded by Councilor Dwyer and voted. Councilor Dwyer said that this has been a challenge for Site Review. She said she would like a mechanism that some of the concerns of the City Council get relayed to the Planning Board. She said we need to track those. Planning Director Walker said she would provide the concerns to Site Review with a list back to the City Council as informational. Mayor Blalock called a brief recess at 9:00 p.m. Mayor Blalock called the meeting back to order at 9:07 p.m.

E. PUBLIC HEARING – PARKING OMNIBUS

ORDINANCE AMENDING CHAPTER 7 – PARKING OMNIBUS Mayor Blalock read the legal notice.


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• PRESENTATION Parking Manager Eby provided a brief presentation on the amendments to the Parking Omnibus Ordinance. He stated that the parking amendments were in a trial phase over the last year. He outlined each change for the City Council.

• CITY COUNCIL QUESTIONS Councilor Becksted asked how many parking spaces are being eliminated with these proposed changes. Parking Manager Eby said less than 6 spaces. Councilor Becksted said he wants to make sure that we charge to recover costs for electricity use for electric vehicles.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing. With no speakers, Mayor Blalock declared the public hearing closed. Councilor Roberts moved to pass second reading and schedule third and final reading at the August 20, 2018 City Council meeting. Seconded by Councilor Denton. Councilor Denton moved to amend Item K Chapter 7, Article XVIII – Electric Vehicle Charging Stations and Election Vehicle Stations and Election Vehicle Parking Spaces Regulations Section 7.1802 and Section 7.1803, as presented. Seconded by Assistant Mayor Lazenby. Councilor Denton said this amendment includes Foundry Place and the High Hanover Parking garages and requires signage that is highly visible. Councilor Dwyer said most people using the stations will be traveling here. Councilor Becksted said he is concerned with costs. City Manager Bohenko said we can charge an administrative fee to cover the costs. Planning Director Walker said the costs per station was somewhere between $5,000.00 to $6,000.00. Motion to amend passed. Main motion passed as amended.


Page 12 Councilor Denton indicated that the Renewable Energy event will be held on Sunday, September 9, 2018 beginning at 1:00 p.m. He said a number of organizations will be participating and asked if the City could have a booth with staff to speak to things that we are doing as a City as it relates to renewable energy.

F. PUBLIC HEARING – BONDING RESOLUTION

RESOLUTION AUTHORIZING A BOND ISSUE AND/OR NOTES OF UP TO SIX HUNDRED THOUSAND DOLLARS ($600,000.00) FOR THE ACQUISITION OF ONE FIRE APPARATUS

• PRESENTATION Fire Chief Achilles informed the City Council that this apparatus is 20 years old and needs replacement.


Councilor Roberts asked if the apparatus was a custom design vehicle. City Manager Bohenko said fire apparatus are built to order. Councilor Raynolds asked is the custom design because of our downtown garage. Fire Chief Achilles reiterated what City Manager Bohenko said and stated that they are built to order. PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing. With no speakers, Mayor Blalock declared the public hearing closed. Councilor Pearson moved to adopt the Resolution, as presented. Seconded by Councilor Dwyer.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS On a unanimous roll call vote 9-0, motion passed.

G. PUBLIC HEARING – BONDING RESOLUTION

RESOLUTION AUTHORIZING A BOND ISSUE AND/OR NOTES OF UP TO FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR COSTS RELATED TO FISCAL YEAR 2019 SCHOOL FACILITIES IMPROVEMENTS


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• PRESENTATION School Business Administrator Bartlett said on a tri-annual basis upgrades and improvements are made to the High School. He spoke to the various improvements that will be taking place.


Councilor Raynolds said upgrades to the lighting would make it more energy efficient. Councilor Becksted said the upgrades to the athletic complex are needed. School Business Administrator Bartlett said all the improvements are necessary.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing. With no speakers, Mayor Blalock declared the public hearing closed.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Councilor Becksted moved to adopt the Resolution, as presented. Seconded by Assistant Mayor Lazenby. On a unanimous roll call vote 9-0, motion passed.

H. PUBLIC HEARING – BONDING RESOLUTION

RESOLUTION AUTHORIZING A BOND ISSUE AND/OR NOTES OF UP TO EIGHT MILLION NINE HUNDRED THOUSAND DOLLARS ($8,900,000.00) FOR COSTS RELATED TO CITY STREET, SIDEWALK AND FACILITY IMPROVEMENTS

• PRESENTATION

Public Work Director Rice said that this bond covers 8 different projects:

Fire Station One Renovation Prescott Park Facilities Capital Improvements Outdoor Pool Upgrade City Hall Complex Electrical Upgrades Citywide Bridge Improvements Longmeadow Road Extension Peverly Hill Road Improvements Market Street Gateway Improvements


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• CITY COUNCIL QUESTIONS Councilor Becksted asked if the in-bound lane for Market Street would be one lane. Public Works Director Rice said that he worked with Granite State Minerals and they made sure that the lane would work for the trucks traveling into the business. City Manager Bohenko said that we could refer this to Parking & Traffic Safety Committee for further review. Councilor Becksted said he would like to remove the $1,700,000.00 in funding for the Market Street Gateway Improvements. Public Works Director Rice informed the City Council that the design for the project has been completed. Councilor Becksted said he feels more time is needed before proceeding with this project. Councilor Roberts said we could take this up at the Parking & Traffic Safety meeting.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing. Paige Trace spoke in support of the Fire Department Station One improvements, outdoor pool improvements and improvements to Prescott Park. With no further speakers, Mayor Blalock closed the public hearing.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Assistant Mayor Lazenby moved to adopt the Resolution, as presented. Seconded by Councilor Roberts. Councilor Becksted moved to remove the $1,700,000.00 in funding for the Market Street Gateway Improvements. No second to the motion was received. Councilor Becksted said he supports the upgrades but does not support the Market Street improvements. On a roll call 8-1, voted to adopt the Resolution, as presented. Assistant Mayor Lazenby, Councilors Roberts, Pearson, Dwyer, Denton, Perkins, Raynolds and Mayor Blalock voted in favor. Councilor Becksted voted opposed.


Page 15

I. PUBLIC HEARING – BONDING RESOLUTION

RESOLUTION AUTHORIZING A BOND ISSUE AND/OR NOTES OF THE CITY UNDER THE MUNICIPAL FINANCE ACT AND/OR PARTICIPATION IN THE STATE REVOLVING FUND (SRF) LOAN OF UP TO TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000.00) RELATED TO WATER LINE REPLACEMENTS AND WATER SYSTEM PRESSURE AND STORAGE IMPROVEMENTS

• PRESENTATION

Engineer Desmarais said that the pipes need to be replaced and would be done during the planned capital projects. The funds cover the cost for the improvements and would provide for better water flow and pressure.

• CITY COUNCIL QUESTIONS Councilor Raynolds asked how many miles of water replacement does the cost get us. Engineer Desmarais said the water system is a 1% replacements or 1.5 miles.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing and called for speakers. With no speakers, Mayor Blalock closed the public hearing.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATIONS Councilor Dwyer moved to adopt the Resolution, as presented. Seconded by Councilor Roberts. On a unanimous roll call vote 9-0, motion passed.

J. PUBLIC HEARING – BONDING RESOLUTION

RESOLUTION AUTHORIZING A BOND ISSUE AND/OR NOTES OF THE CITY UNDER THE MUNICIPAL FINANCE ACT AND/OR PARTICIPATION IN THE STATE REVOLVING FUND (SRF) LOAN OF UP TO ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) FOR COSTS RELATED TO CONSENT DECREE MITIGATION, STREET RECONSTRUCTION, AND ANNUAL SEWER LINE REPLACEMENTS


Page 16

• PRESENTATION Engineer Desmarais provided a brief presentation on the following projects:

Consent Decree Mitigation Union Street Reconstruction Annual sewer Line Replacement

He outlined the various improvements that would take place.

• CITY COUNCIL QUESTIONS Councilor Raynolds asked about the low pressure area at Sagamore Creek and if we are eliminating some homes that are septic system. Engineer Desmarais said that project is for FY20 and would take some homes off of septic.

• PUBLIC HEARING SPEAKERS Mayor Blalock opened the public hearing and called for speakers. Paige Trace said that the $400,000.00 is for the planning of the project on Sagamore Creek and asked if we were going to require that the residents pay to hook up to the line and come off of their septic systems. She said that the residents should not have to pay for that as it is a requirement of the City and they should incur the costs. City Manager Bohenko said anything that is done on recouping costs would come to the City Council. If we charge back we would bring the matter back to the Council. With no further speakers, Mayor Blalock declared the public hearing closed.

• ADDITIONAL COUNCIL QUESTIONS AND DELIBERATION Councilor Perkins moved to adopt the Resolution, as presented. Seconded by Assistant Mayor Lazenby. Councilor Becksted said water and sewer went up and it is part of the rate model. On a unanimous roll call vote 9-0, motion passed.


Page 17 VIII. APPROVAL OF GRANTS/DONATIONS

A. Acceptance of Police Department Grant and Donations:

• Acceptance of Grant from the NH Department of Safety regarding opioid-related drug use and trafficking - $35,000.00

• Acceptance of Donation from Donahue, Tucker & Ciandella, PLLC in support of the Portsmouth Police Explorer Cadets - $300.00

• Acceptance of Donation from the Wentworth-Coolidge Commission, Inc., in support of the Portsmouth Police Explorer Cadets - $100.00

Councilor Perkins moved to approve and accept the grant and donations to the Portsmouth Police Department. Seconded by Assistant Mayor Lazenby and voted. IX. CONSENT AGENDA

A. Request for License to Install Projecting sign from Seth Bordonaro, owner of Vieux Port for property located at 85 Daniel Street (Anticipated action – move to approve the aforementioned Projecting Sign License as recommended by the Planning Director, and further, authorize the City Manager to execute the License Agreement for this request) Planning Director’s Stipulations: • The license shall be approved by the Legal Department as to

content and form;


• Any disturbance of a sidewalk, street or other public

infrastructure resulting from the installation, relocation or removal of the projecting sign, for any reason shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works

B. Request for License to Install Projecting sign from Namrata Idnani, owner of Raleigh for property located at 67 State Street (Anticipated action – move to approve the aforementioned Projecting Sign License as recommended by the Planning Director, and further, authorize the City Manager to execute the License Agreement for this request)


Page 18

Planning Director’s Stipulations: • The license shall be approved by the Legal Department as to content

and form;


• Any disturbance of a sidewalk, street or other public infrastructure

resulting from the installation, relocation or removal of the projecting sign, for any reason shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works

C. Request for License to Install Projecting sign from Cynthia Ross, owner of Gelato

Fiasco for property located at 142 State Street, Unit 150 (Anticipated action – move to approve the aforementioned Projecting Sign License as recommended by the Planning Director, and further, authorize the City Manager to execute the License Agreement for this request)


and form;


• Any disturbance of a sidewalk, street or other public infrastructure

resulting from the installation, relocation or removal of the projecting sign, for any reason shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works

D. Request for License to Install Projecting sign from Eric Goodwin, owner of Lure

for property located at 100 Market Street, Unit 102 (Anticipated action – move to approve the aforementioned Projecting Sign License as recommended by the Planning Director, and further, authorize the City Manager to execute the License Agreement for this request)


and form;



Page 19

• Any disturbance of a sidewalk, street or other public infrastructure resulting from the installation, relocation or removal of the projecting sign, for any reason shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works

Councilor Perkins moved to adopt the Consent Agenda. Seconded by Assistant Mayor Lazenby and voted. X. PRESENTATION & CONSIDERATION OF WRITTEN COMMUNICATION &

PETITIONS

A. Email Correspondence Councilor Perkins moved to accept and place on file. Seconded by Assistant Mayor Lazenby and voted.

B. Letter from Tim Sylvester regarding spending funds and high real estate taxes

Councilor Perkins moved to accept and place on file. Seconded by Assistant Mayor Lazenby and voted.

C. Letter from Antje Bourdages & Barbara Massar, Pro Portsmouth, Inc. requesting the City of Portsmouth provide $3,000.00 in funding to be the official sponsor of the fireworks for First Night

City Manager Bohenko recommended to use $3,000.00 from the Contingency Fund and support the fireworks for First Night. Mayor Blalock passed the gavel to Assistant Mayor Lazenby. Mayor Blalock moved to support funding $3,000.00 from Contingency Fund for First Night Fireworks. Seconded by Councilor Perkins and voted. Assistant Mayor Lazenby returned the gavel to Mayor Blalock.

D. Letter from Stephen Pamboukes requesting the temporary, partial closure of a portion of Vaughan Street for the East Community Motorcycle Show between 11:00 a.m. to 10 p.m., on Saturday, September 22, 2018

City Manager Bohenko recommended referring this request to him with power.


Page 20 Councilor Perkins moved to refer to the City Manager with power. Seconded by Councilor Denton and voted. XI. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS Due to the hour being after 10:00 p.m. all items under the City Manager’s name are Consent Agenda unless one is pulled off the agenda for action separately.

A. CITY MANAGER 1. Approval of AIDS Response Seacoast Lease (Anticipated action – move

to authorize the City Manager to enter into the proposed lease with AIDS Response Seacoast for property at 7 Junkins Avenue as presented and further, authorize the City Manager to execute the Lease)

2. Request to Approve Fundraising Re: Clough Field Irrigation (Anticipated action 0 move to grant permission to fundraise for the Clough Field irrigation)

4. Request for First Reading of Boarding House Ordinance (Anticipated

action – move to authorize the City Manager to bring back for first reading a proposed amendment to the Boarding House Ordinance at the August 20, 2018 City Council meeting)

Assistant Mayor Lazenby moved to adopt the City Manager’s Consent Agenda Items, as presented. Seconded by Councilor Perkins and voted.

3. Naming of Library Lobby in Memory of Mary Ann List Mayor Blalock passed the gavel to Assistant Mayor Blalock. Mayor Blalock said he supports the naming of the Library Lobby in memory of Mary Ann List. He said she was an amazing lady that deserves this honor. Mayor Blalock moved to name the Portsmouth Public Library Lobby in memory of Mary Ann List and be named “The Mary Ann List Lobby.” Seconded by Councilor Dwyer and voted. Assistant Mayor Lazenby returned the gavel to Mayor Blalock.

5. Workforce Housing Covenant Planning Director Walker said that this would be 2 housing units for workforce housing.


Page 21 Councilor Becksted said that this will be the first workforce housing in the City through a covenant and asked if this is a standard that would be held. City Attorney Sullivan said that this was a little different and the two units and owner was not clear what he was offering and looked to in the future that covenants would be required. Councilor Becksted said this maybe out for most future developments. Planning Director Walker said that this is a starting point. Councilor Dwyer said this would not always use a covenant in the future and we can’t over generalize this. Councilor Becksted said he attended the meetings of the Planning Board and spoke regarding the covenant. Planning Director Walker said this is a covenant entered into between the City and developer. She said this is about one property in zoning. Councilor Dwyer said that this is particular to zoning and it is not all the same. Councilor Perkins moved to authorize the City Manager to enter into the Workforce Housing Covenant, as presented. Seconded by Assistant Mayor Lazenby and voted.

6. Request for First Reading Re; Exemption for Solar Energy Systems City Manager Bohenko said whatever the easement is would be the exemption the person would receive. Councilor Denton moved to bring back for first reading a proposed Resolution regarding an Exemption for Solar Energy Systems at the August 20, 2018 City Council meeting. Seconded by Councilor Roberts. Councilor Denton thanked City Manager Bohenko for checking on this exemption with the City Assessor. He said he had brought forward for an amendment and address the wind solar and wood powered. He asked if he worked with City Attorney Sullivan he would like to have it back for the next meeting.

City Manager Bohenko said let’s look at what you are asking. He said we would have these go through separately.

Motion passed.


Page 22 City Manager’s Informational Items 1. Events Listing 2. Campus Drive Recreation Fields 3. News Release Re: FY19 Public Facility and Accessibility Improvements Grant

Program 4. Memorandum from City Attorney Robert Sullivan Re: Planning Board Residency

Issues Raised by Mark Brighton 5. Memorandum from Deputy City Manager Nancy Colbert Puff Re: McIntyre

Update Councilor Roberts asked about the funding for the Campus Drive recreation fields. He said the amount was 10% for engineering and asked why it was not presented. Assistant City Manager Moore said the City Council asked for additional research on policy options and going to the Recreation Board with a report back to the City Council. He reported the costs are up to five million. City Manager Bohenko said because the length of time we have been waiting we would share it as a recreation item. He spoke to the items that will be part of the project such as concession stand and bathroom facilities. Councilor Becksted said that he asked City Attorney Sullivan if he still stands by his original decision and an analysis on his decision regarding Planning Board appointments. City Attorney Sullivan said he made attempts to reach out to Deputy Secretary of State Dave Scanlan but he was unavailable. Councilor Becksted said in the RSA or in the ordinance book does it say anything about residents on the Planning Board. City Attorney Sullivan said his memorandum outlines his opinion and he stands by it. Councilor Dwyer said 12 years ago when she served on the Planning Board she served with Donald Coker who questioned her role and voting power on the Planning Board. She said Shaheen, Phinney and Basses Attorneys were very clear with the City and our structure that she acted as an ex officio and members could serve and there would be no questions. She said it is the ex officio point of appointment and the RSA that are ambiguous. Councilor Perkins said that she trusts the City Attorney’s opinion of the law. Councilor Becksted said if we continue on our current role does that open us up to litigation and a possible law suit. He said as City Councilor’s we all took an oath to uphold the laws of the City of Portsmouth and the State of New Hampshire.


Page 23 Mayor Blalock asked who would be the authority to make a ruling on this matter. City Attorney Sullivan said a judge. He said we are waiting for a response from the Attorney General’s office. Assistant Mayor Lazenby cited RSA 673:2 and outlined our membership. He asked City Attorney Sullivan how are we able to presently operate with what RSA 673:2 cites regarding membership. City Attorney Sullivan said the statute reads “may” not “shall.” Councilor Roberts said he would be interested in hearing what the Attorney General has to say regarding this matter. He suggested that staff maybe over represented on the Board by having two staff members. Councilor Becksted asked if the Attorney General rules against us are we open to a law suit. City Attorney Sullivan said there is always a possibility of litigation.

B. MAYOR BLALOCK 1. FY20 Budget

Mayor Blalock said he would like to change how the budget is done and create a Committee of the Whole. He suggested holding two work sessions to discuss the FY20 budget, one on October 29th and the second on November 28th at 6:30 p.m. City Manager Bohenko said we would provide the City Council with preliminary numbers and the Police and Fire Department would come on one night to discuss their needs and wants for FY20. He said this would start the process earlier and have all City Council on the Committee. Councilor Perkins moved to establish Monday, October 29, 2018 and Wednesday, November 20, 2018 at 6:30 p.m. as work sessions to commence the budget discussions for FY20. Seconded by Assistant Mayor Lazenby and voted. Assistant Mayor Lazenby moved to suspend the rules in order to continue the meeting beyond 10:30 p.m. Seconded by Councilor Denton and voted.

2. Resignation of Ronald Cypher from the Parking & Traffic Safety Committee

Councilor Roberts moved to accept with regret the resignation of Ronald Cypher from the Parking & Traffic Safety Committee and to send Mr. Cypher a letter of thanks for his service to the City. Seconded by Councilor Dwyer and voted.


Page 24

3. Appointments to be Considered:

• Ralph DiBernardo appointment as a Regular member to the Parking & Traffic Safety Committee

• Stephen T. Pesci appointment as Alternate member to the Parking & Traffic Safety Committee

• Mary Lou McElwain reappointing to the Parking & Traffic Safety Committee

• Harold Whitehouse reappointment to the Parking & Traffic Safety Committee

• J. Stephen McCarthy reappointment to the Building Code Board of Appeals

The City Council considered the appointments listed above which will be voted on at the August 20, 2018 City Council meeting. XII. MISCELLANEOUS/UNFINISHED BUSINESS

A. Legislative Subcommittee Report • Summary of Legislative Subcommittee’s recommendations to the

City Council regarding NHMA’s Final Policy recommendations for Legislative Police Conference

Assistant Mayor Lazenby moved to accept all the NHMA Legislative Policy Recommendations as written, except General Administration and Governance Action Policy Recommendation #4. Councilor Dwyer said we had City staff speak with us on some of these items. Motion passed. Councilor Dwyer said that in some communities building plans have been withheld under the right to know. She said people want to have building plans exempt and not out in the public. She said her building plans are out and it is different with construction drawings and safety factors are a concern like safes or alarm systems. Councilor Becksted said he does not see something that should not be available to the public. Motion passed. Assistant Mayor Lazenby asked about information on the McIntyre project and whether we have a deadline for a design. Deputy City Manager Colbert Puff said we hope to have a design this week.


Page 25 Councilor Becksted asked if the flex space at the Foundry Garage is being offered to the Post Office. Deputy City Manager Colbert Puff said that the Post Office has engaged a realtor. XIII. ADJOURNMENT At 10:45 p.m., Councilor Pearson moved to adjourn. Seconded by Assistant Mayor Lazenby and voted.

KELLI L. BARNABY, MMC, CMC, CNHMC City Clerk

1 Article VIII: BOARDING OR ROOMING HOUSES (Adopted 09-17-2007) 2

3 Section 9.801: DEFINITION 4

5 The term Boarding House or Rooming House shall apply to any residential structure in which more 6 than 3 rooms are rented, leased or otherwise made available to tenants where such rooms do not 7 contain separate bathroom facilities. 8

9 Section 9.802: PERMIT REQUIRED 10

11 Commencing January 1, 2008 every Boarding House and Rooming House in the City shall 12 operate only on the issuance of a Boarding House permit issued by the City Council. Each such 13 permit issued by the City Council shall be for a one year period commencing from the date of 14 issuance and must be renewed annually by the owner of the property on which the Boarding 15 House is located by application to the City Council. The Boarding House permit shall not be 16 transferable. 17

18 Section 9.803: TERMS AND CONDITIONS 19

20 The terms and conditions under which the holder of any such Boarding House permit shall operate 21 are as follows: 22

A. The permit holder must maintain compliance with all City and State laws regarding 23 such facilities including but not limited to the zoning ordinance, fire code and 24 health regulations of the City. 25

B. There must be posted at all times at the front entrance of the facility a sign 26 indicating 24 hour, seven days a week, valid and effective contact information for 27 the management of the facility. 28

C. The permit holder must maintain the facility in such a manner so as not to cause 29 unreasonable interference with the use and occupancy of other properties in the 30 vicinity of the facility. 31

D. The permit shall not allow any more rooms to be rented, leased or made available, or 32 persons to occupy the Rooming or Boarding House than are authorized by the 33 Portsmouth Zoning Ordinance. 34

35 Section 9.804: PERMIT RENEWAL 36

37 Prior to renewing the Boarding House permit for any facility, the City may conduct such 38 investigations as it deems appropriate to determine compliance with this ordinance. Failure of 39 the owner of the facility to comply with the provision of this ordinance shall be cause for non- 40 renewal of the permit. 41

42 Section 9.805: ENFORCEMENT 43

44 The provisions of this ordinance may be enforced by the municipal administration utilizing any 45 or all of the following: 46

47 A. Suspension, revocation or termination of the Boarding House or Rooming House permit. 48 B. By filing an appropriate action in a court of competent jurisdiction seeking specific 49

performance by the permittee or property owner of the terms of this ordinance. 50 C. By the filing of a complaint in the Portsmouth District Court against the permittee 51

seeking such penalties as may be allowed under state law in the case of conviction of 52 a violation level offense. 53

54

55 The City Clerk shall properly alphabetize and/or re-number the ordinance as necessary in 56

accordance with this amendment. 57 58 All ordinances or parts of ordinances inconsistent herewith are hereby deleted. 59 60 This ordinance shall take effect upon its passage. 61 62 63 64 APPROVED: 65 66 __________________________ 67 Jack Blalock, Mayor 68 69 70 ADOPTED BY COUNCIL: 71 72 _____________________________ 73 Kelli L. Barnaby, City Clerk 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 H:\ordinances\ORDIRESO\9.8 - Boarding and Rooming Houses 107

THE CITY OF PORTSMOUTH TWO THOUSAND EIGHTEEN

PORTSMOUTH, NEW HAMPSHIRE

SOLAR POWER TAX EXEMPTION

RESOLUTION # BE IT RESOLVED:

THAT Pursuant to RSA 72:27-a and RSA 72:61-62, the City modifies the solar tax

exemption adopted on November 21, 2011 so that as of April 1, 2018 the exemption

shall be as follows:

If qualified, for persons owning real property equipped with a solar energy system as defined in RSA 72:61, the City shall exempt from taxes an amount equal to the assessed value of the solar energy system.

BE IT FURTHER RESOLVED that this Resolution shall take effect upon its passage. APPROVED: _________________________ Jack Blalock, Mayor ADOPTED BY THE CITY COUNCIL _________________, 2018 ________________________________ Kelli L. Barnaby, City Clerk H:\ordinance\resolutions\solar power tax exemption (2018).doc

City of Portsmouth

Assessor’s Office

Memo

To: John P. Bohenko, City Manager

From: Rosann Lentz, City Assessor

cc: Judith Belanger, Finance Director

Date: April 30, 2018

Re: Report Back on Solar, Wood Heating and Wind Powered Exemptions

Below is the report back on the above referenced exemptions per Councilor Denton’s request.

RSA 72:62 Exemption for Solar Energy Systems - On November 21, 2011, the Portsmouth City

Council re-adopted the following elements for the Solar Energy System Exemption due to the prior

exemption adopted in 1977 being out of date.

1. Exemption from assessed value of property (rather than tax).

2. Solar equipment costs are documented.

3. 5 year term.

4. Cap of $25,000 per year off assessed value of property.

5. Applies to April 1, 2011 tax year and subsequent year.

6. Expires upon sale of property.

For FY 2018/TY 2017, there was one solar exemption granted and for FY 2019/TY 2018 14 additional

request for the solar exemption have been filed with the assessor’s office.

RSA 72:70 Exemption for Wood Heating Energy Systems

Currently, the City has not adopted the wood energy heating system exemption and the City Assessor has

none identified.

RSA 72:65 Exemption for Wind-Powered Energy Systems

Currently, the City has not adopted the wind-powered exemption and the City Assessor has none

identified.

2

I have attached for your information a Town/City Comparison completed by the NH Department of

Revenue Administration indicting what other communities grant for these exemptions.

Projecting Sign –16 Market Sq

M E M O R A N D U M

TO: John Bohenko, City Manager

FROM: Juliet T. H. Walker, Planning Director DATE: August 20, 2018 RE: City Council Referral – Projecting Sign

Address: 16 Market Square Business Name: Yogasmith LLC Business Owner: Laurie Smith

Permission is being sought to install a projecting sign that extends over the public right of way, as follows:

Sign dimensions: 30” x 30” Sign area: sq. ft. 6.25

The proposed sign complies with zoning requirements. If a license is granted by the City Council, no other municipal approvals are needed. Therefore, I recommend approval of a revocable municipal license, subject to the following conditions:

1. The license shall be approved by the Legal Department as to content and form; 2. Any removal or relocation of the sign, for any reason, shall be done at no cost to

the City; and 3. Any disturbance of a sidewalk, street or other public infrastructure resulting from

the installation, relocation or removal of the sign, for any reason, shall be restored at no cost to the City and shall be subject to review and acceptance by the Department of Public Works.

94

2 3

951

1614

10

2622

15 21

10 22

MARKETSQ

Request for license 16 Market Square ² 0 30 6015 Feet

Map produced by Planning Department 8-20-18

CITY COUNCIL E-MAILS

August 21, 2018 – August 30, 2018 (9:00 a.m.)

SEPTEMBER 4, 2018 CITY COUNCIL MEETING

Updated 09/04/2018 through 2:00 p.m.

New content begins Page 2

Below is the result of your feedback form. It was submitted by John&Nancy Howard ([email protected]) on Monday, August 20, 2018 at 17:29:48 --------------------------------------------------------------------------- address: 179 Burkitt Street comments: Please vote to stop the "density experiment" being foisted on the long time residents of the so called "west end". Giving this ill conceived project a boost with a zoning change conflicts with the higher intents of the City's Master Plan. Please vote against the zoning change. Respectfully, John&Nancy Howard includeInRecords: on Engage: Submit _________________________________________________________ Below is the result of your feedback form. It was submitted by Kirsten Howard ([email protected]) on Thursday, August 23, 2018 at 08:46:35 --------------------------------------------------------------------------- address: 142 Cabot St, Unit 4, Portsmouth NH comments: Dear City Council Members, I am writing as a Portsmouth resident to express my serious concern about the upcoming Portsmouth Conference. I ask that you explicitly rescind your support of the conference. It is an underhanded effort designed specifically to delay and discredit policy decisions and options that will help us fight climate change but diguised as a credible, objective, bipartisan effort. I am disappointed that the Council and its staff neglected to conduct appropriate research prior to expressing their verbal and financial support of the conference. I expect more diligent and critical analysis from my City Councilors and the City Manager in the future. I respect the work that you all do, and I appreciate your other efforts to support climate action. I watched the deliberations from this week's Council meeting on the Portsmouth Conference topic, and while I am glad to see that some councilors no longer support the effort, I was unimpressed by the ultimate outcome of the meeting. I hope to se e more effort in the near future to make clear your position on this event. I also hope you will counter this blunder with some meaningful environmental action--your written and verbal commitments on these topics only go so far and will not earn this city the environmentally-friendly reputation that it should be striving for (but in my opinion if far from deserving). Sincerely, Kirsten Howard includeInRecords: on Engage: Submit _____________________________________________________________

mailto:[email protected]


New Content begins: Below is the result of your feedback form. It was submitted by Elizabeth Bratter ([email protected]) on Thursday, August 30, 2018 at 09:28:47 --------------------------------------------------------------------------- address: 159 McDonough St comments: Dear Mayor and City Councilors, Please find a copy of e-mails between myself and Juliet Walker regarding me trying to get a better understanding of how 3rd readings work and creating an intermediate zoning for the City of Portsmouth. I am concerned, based on the conversations regarding 3rd readings by Councilor Beckstead and other residents that there seems to be some misunderstanding on what is and isn't allowed regarding 3rd readings. I could be very wrong about this, it just seemed that way watching the August 20th meeting. I am truly disappointed that although residents and councilors suggested intermediate zoning be looked at for 105 Bartlett St that it was passed and intermediate zoning was put off. When this project was the perfect example of why intermediate zoning is needed and could have been included in it. Needless to say, hopefully it will be enacted at some point because our zoning has a HUGE hole in it that puts neighborhoods at risk for quiet enjoyment because there is no other option between CD4-W and CD4-L1/L2. This is what I sent to Juliet Walker regarding this issue: Dear Juliet Walker, I think there was some confusion on the part of the City Council..perhaps me too. I'm pretty sure what I understood you to say last time we talked, was if the request to create a new zoning didn't happen as an amendment with 105 Bartlett St. it will have to go through another process to create an intermediate zoning/buffer zoning. My understanding, to create a new zoning is a whole different much more involved process, which has different rules when it doesn't pertain to a specific property. I get the impression that question wasn't asked of you by the City Council prior to the August 20th meeting. I had hoped it would be part of the 105 Bartlett St but the City Council went ahead and approved it as it was. It is my understanding most of the City Council wants to see the "creation" of an intermediate zoning between CD4-W and CD4-L1/L2 which they stated at the August 20th meeting they would be discussing with the Planning Department. As they say in the news room...back to you Juliet.... This was her reply: As to the zoning request. If the City Council did not agree that CD4-W was the appropriate zoning district for that portion of 105 Bartlett St, then they would have voted not to pass third and final reading for the re-zoning request. In that case, the petitioner could have opted to come back with a new modified re-zoning request if it appeared that the City Council was willing to consider it. That would have had to be referred again to Planning Board for a public hearing, then 3 readings at City Council. Minor adjustments at 3rd Reading are possible, but a whole new zoning district kicks this back to square 1. Therefore, if your request is specifically related to 105 Bartlett, then I think itâ€™s unlikely the City Council will open that discussion up again so soon after passing the re-zoning. However, if you are thinking more broadly about other properties in that area with development potential, then the Council may consider proactively re-zoning those as suggested. includeInRecords: on Engage: Submit ___________________________________________________


Below is the result of your feedback form. It was submitted by Stephen Pesci ([email protected]) on Monday, September 3, 2018 at 10:33:10 --------------------------------------------------------------------------- address: 200 Thornton Street comments: I am writing to support Councilor Denton's proposal for the City of Portsmouth to expand the solar exemption terms. As a solar system owner, I applaud the proposed legislation which will encourage more private investment in local energy generation. This investment creates local jobs, reduces peak energy demand in the City and carries numerous other public benefits - as well as private homeowner cost savings. Household funds not sent to utility companies is instead spent right here in the city - boosting the local economy. The removal of the $ cap and exemption cap will put the City in the forefront of efforts to build a sustainable energy profile for our region. This motion will have minimal impact on city revenue but will produce significant enhancement to the City's energy profile. I would also encourage the Tax Assessor's office to follow state and federal practices for system value calculation. Thank you for your support of this proposal by Councilor Denton. Stephen Pesci 200 Thornton Street includeInRecords: on Engage: Submit ______________________________________________________ Below is the result of your feedback form. It was submitted by charlie griffin ([email protected]) on Monday, September 3, 2018 at 11:24:41 --------------------------------------------------------------------------- address: 210 Hillside Drive,Portsmouth comments: Mayor Blaylock and Councilors Each spring when the proposed budget is presented , we are told that 75/80 percent consists of contractual obligations and fringe benefits over which you as councilors and we as taxpayers have no control and that any reductions will have to come from the remaining 25/20 percent. After the budget is approved, there is always discussion amongst you as to how to improve the budget process for the next year. I spoke at one of. the public hearings in May and suggested that one way to improve the budgetary process was to stop approving personnel and union contracts on an ad hoc basis, but instead to table all such requests until the spring by which time you would have a better idea of the projected revenue and expenditure picture for the upcoming year and would be in a position to make a more informed decision. You adopted a similar approach when you voted to table the various departmental supplemental requests until the spring by which time the departments would have a better idea as to how their budgets had actually panned out.



Tomorrow night, you are being asked to approve contract extensions/modifications for the Superintendent and the Police Chief. While, the dollar amounts are not significant, your approval of these two contracts will set a precedent obligating you to approve other larger contracts that may come before you and indicate that "business as usual" will continue to be the mission statement of this Council. You would not approve a contract for a major capital improvement without knowing the complete cost to the taxpayer and whether that cost was affordable,.yet by continuing to approve personnel and union contracts on an ad hoc basis, you are committing the taxpayer to pay for the most significant portion of the budget without knowing if that cost is affordable. If you table these requests , the individuals in question will continue to be employed and paid .It may turn out come spring that the revenue projections will be such that these and any other contact requests will indeed be deemed affordable.In the meantime, by tabling all such requests you will be keeping your options open, acting prudently and not prematurely tying your hands and those of the taxpayers. If you are truly committed to budgetary reform, you have the opportunity to demonstrate that commitment tomorrow night by voting to table these two requests as well as any other contracts that may come before you until you have a better handle on next year's projected revenue projections and expenditures . Thank you. includeInRecords: on Engage: Submit ________________________________________________

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E 07 Date: August 30, 2018 To: Honorable Mayor Jack Blalock and City Council Members

From: John P. Bohenko, City Manager Re: City Manager’s Comments on September 4, 2018 City Council Agenda

Work Session: 6:15 p.m. 1. 2018 Property Valuation Results - City Assessor Rosann Lentz. On Tuesday evening,

Mike Tarello of Vision Government Solutions, will be reviewing the final analysis of the 2018 Valuation Update. The presentation will update the City Council on the results of both the commercial and residential properties throughout the City indicating what areas and types of properties were impacted more than others. Mike will answer questions as to valuation procedures for both the commercial and residential properties.

Presentations: 1. Letter of Recognition from Mayor Blalock to Portsmouth Underbelly Tour. Mayor

Blalock will present a Letter of Recognition to Portsmouth Underbelly Tour guides. 2. Cooperative Alliance for Seacoast Transportation (COAST). Rad Nichols, Executive

Director of COAST, will be presenting an overview of COAST’s Comprehensive Operations Analysis, which will be a multi-year, system-wide, assessment and potential reorganization of COAST’s regional transportation services.

CITY OF PORTSMOUTH PORTSMOUTH, NH 03801

Office of the City Manager

https://coastbus.org/

City Manager’s Comments on September 4. 2018 City Council Agenda 2

Public Hearings & Votes on Ordinances and/or Resolutions: 1. Public Hearing/Second Reading of Boarding House Ordinance. At the August 20, 2018

City Council meeting the Council voted to pass first reading and schedule second reading and a public hearing regarding the attached proposed Ordinance amending Chapter 9, Article VIII: Boarding or Rooming Houses. The amendment adds the terminology “and Rooming House” and adds the following Term and Condition:

D. The permit shall not allow any more rooms to be rented, leased or made available,

persons to occupy the Rooming or Boarding House than are authorized by the Portsmouth Zoning Ordinance.

I recommend the City Council move to pass second reading and schedule a third and final reading

of the proposed amendment to the Boarding House Ordinance at the September 17, 2018 City Council meeting, as presented.

2. Public Hearing Re: Resolution for Exemption of Solar Energy Systems. At the August

20, 2018 City Council meeting, the Council voted to schedule a public hearing regarding the proposed Resolution for a Solar Energy Systems Tax Exemption.

As you are aware, Councilor Denton requested a report back regarding an exemption for Solar Energy Systems. Attached is the report back from City Assessor Rosann Lentz which was provided to the City Council on April 30, 2018 and in the August 6, 2018 City Council packet. Councilor Denton has requested the attached Resolution for Solar Energy Systems be reviewed by the City Council and be brought forward for action at the September 4, 2018 City Council meeting. In order to include solar energy systems that were put in place prior to 201l and to grant the exemption for more than 5 years, the staff has recommend the modification of the current solar exemption as follows:

If qualified, for persons owning real property equipped with a solar energy system as defined in RSA 72:61, the City shall exempt from taxes an amount equal to the assessed value of the solar energy system.

City Assessor Rosann Lentz has advised this tax exemption will be made available for the April 1, 2018 tax year if adopted.

I am requesting that the City Council adopt the proposed Resolution, as presented.


Consent Agenda: 1. Request for License to Install Projecting Sign. Attached is a request for a projecting

sign license (see attached memorandum from Juliet Walker, Planning Director):

Laurie Smith, owner of Yogasmith LLC for property located at 16 Market Street.

I recommend the City Council move to approve the aforementioned Projecting Sign License as recommended by the Planning Director and, further, authorize the City Manager to execute the License Agreement for this request.

2. Acceptance of Donation to the Coalition Legal Fund. The City of Portsmouth has

received a donation from the Town of Rye in the amount of $5,000.00 to the Coalition Legal Fund, which will be utilized to continue our fight to eliminate the statewide property tax.

I recommend the City Council move to approve and accept the donation, as listed, to be placed in the Coalition Legal Fund.

City Manager’s Items Which Require Action:

1. Approval of Extension of Employment Agreement for Stephen Zadravec,

Superintendent of Schools. I am requesting that the City Council act on the extension of the employment agreement between the Portsmouth School Board and Stephen Zadravec, Superintendent of Schools. See attached memorandum from City Negotiator Thomas Closson and Superintendent Zadravec’s Employment Agreement.

Therefore, I recommend that the City Council approve the extension of the employment

agreement to expire on June 30, 2021 with Stephen Zadravec, Superintendent of Schools. 2. Approval Re: Step Increases for Police Chief Robert Merner. The Police Commission

has requested that the City Council act on approving step increases for Police Chief Robert Merner from Step E to Step F on the Professional Management Association (PMA) salary schedule for Year Two (6/20/18 to 6/19/19) of his 5-year contract. See attached letter from the Police Commission dated August 29, 2018 and Chief Merner’s Employment Agreement.

Therefore, I recommend that the City Council approve the Police Commission’s recommendation for step increases as indicated in the Police Commission’s letter dated August 29, 2018.


3. Request for First Reading Re: Chapter 7, Section 7.102 Parking Meter Zones, Subsection A, Downtown High Occupancy Zone. Attached are the current and proposed maps of the City’s High Occupancy Parking Zones. The average occupancy on the streets recommended for inclusion under the definition of High Occupancy presently sit at well over 100% collectively, where 80-85% is the industry standard recognized as ‘optimal’. Additionally, expanding the High Occupancy coincides with the 2012 Parking Principles objective to ‘Price and manage more desirable on-street parking spaces to favor users who are highly motivated to use them…’ City staff have revised Chapter 7, Section 7.102 PARKING METER ZONES, Subsection A, DOWNTOWN HIGH OCCUPANCY ZONE to include the proposed streets – see attached proposed Ordinance. I am requesting the City Council authorize the City Manager to bring back for first reading the proposed Ordinance at the September 17, 2018 City Council meeting.

Therefore, I recommend the City Council move to schedule a first reading of the proposed Ordinance at the September 17, 2018 City Council meeting, as presented.

4. McIntyre Project – Extension of Negotiating Principles. On May 7, City Council

authorized the City Manager to execute Negotiating Principles (attached) to guide the development of legal agreements that will be essential to the completion of the City’s application to the Historic Monument Program and implementation of a successful McIntyre Public-Private partnership with the Redgate/Kane development team. At that time, it was anticipated that an application would be submitted in July. Since that timeframe has passed, I would like the Council to consider an extension of time period to negotiate exclusively with Redgate/Kane to November 30, 2018. Deputy City Manager Nancy Colbert Puff will make a brief presentation of a revised project schedule and design.

I recommend the City Council move to allow the City Manager to continue to negotiate exclusively with Redgate/Kane on the McIntyre Project until November 30, 2018.

5. Establish a Non-Public Session Re: Collective Bargaining Guidelines. I am requesting

that the City Council hold a non-public session on October 9, 2018 commencing at 6:30 p.m. to review the collective bargaining guidelines. This entire meeting will be a non-public session.

Therefore, I recommend the City Council move to establish a non-public session on October

9, 2018 at 6:30 p.m. to have a review of the collective bargaining guidelines. 6. Request to Schedule First Reading Re: Proposed Ordinance for the creation of a

Highway Noise Overlay Zoning District. Attached is a memorandum from Planning Director Juliet Walker requesting that the City Council schedule a first reading regarding a proposed Ordinance for the creation of a Highway Noise Overlay Zoning District. The memorandum details the background regarding the City’s efforts to seek a mechanism for mitigating highway noise impacts for residential neighborhoods that abut the major highways in the City. Also, attached is a draft Ordinance and a response letter to NHDOT regarding the Type II Noise Abatement Program.


The Planning Board conducted a public hearing on this proposed zoning amendment at its

August 16, 2018 meeting and voted to recommend approval to the City Council.

I am requesting that the City Council schedule first reading of the proposed Ordinance at the September 17, 2018 City Council meeting.

Recommended Action Move to schedule a first reading for the September 17, 2018 City Council meeting on the following zoning amendments related to the creation of a Highway Noise Overlay District: • Amendment to Zoning Map to add Highway Noise Overlay District as shown on the

map titled “Proposed Highway Noise Overlay District”, dated July 17, 2018; • Insert new Section 10.613.60 identifying the Highway Noise Overlay District on the

Zoning Map; • Insert new Section 10.670 Highway Noise Overlay District; • Amend Article 15 – Definitions, Section 10.1530 – Terms of General Applicability.

Informational Items: 1. Events Listing. For your information, attached is a copy of the updated Events Listing

showing events from this date forward through 2018. In addition, this can be found on the City’s website.

2. Presentation: Citizen Request for Transitional Zoning Option for Bartlett Street

Area. As requested by Councilor Dwyer at the August 20, 2018 City Council meeting, Planning Director Juliet Walker will make a presentation regarding a citizen request for transitional zoning option in the Bartlett Street area. Attached is a memorandum from the Planning Director regarding this matter.

3. Bicycle / Pedestrian Plan Progress Update. Attached is a memorandum from Planning

Director Juliet Walker giving an update regarding the bicycle / pedestrian plan progress. 4. Report Back Re: Path to Silver Bicycle Friendly Community Status. As requested by

Councilor Raynolds, attached is a memorandum from Planning Director Juliet Walker regarding a path to silvery bicycle friendly community status.

5. Update on Doble Property Transfer and Preparations for Reuse. The U.S. Army

Reserve and the U.S. Army Corps of Engineers are in the final stage of transferring the Paul A. Doble Army Reserve Center at 125 Cottage Street to the City. During the week of August 27th, the Army Reserve was emptying building contents in preparation for the handover. Simultaneously, the Corps is preparing a deed, which will be sent to the City Council for acceptance at an upcoming meeting. The process is expected to be complete this fall.


As the transfer has been nearing finalization, the City’s preparations for the new facility have also ramped-up. In addition to planning for construction, preparations for transferring existing programming and the development of new vibrant and multi-generational programming is also advancing with many exciting opportunities to come with the new space.

A final construction schedule is yet to be determined, but is anticipated to begin soon after the City controls the property and is anticipated to last approximately 10 months. The cost for the construction is estimated to be $3.4 million; $300,000 in design costs have already been funded through the Community Development Block Grant (CDBG) program. Construction will be funded through a combination of additional CDBG funding as well as proceeds from the Daniel Street Trust and other sources.

Below is a list of the next steps in the process “to create opportunities for healthy aging through social engagement, physical well-being, civic involvement, creativity and lifelong learning” – the mission for the new Center. • Senior Subcommittee: On September 12th, the Senior Subcommittee of the

Recreation Board will meet to receive an update on the project status, including preparations for programming at the site.

• Advisory Group: The Recreation Department Senior Services division and a growing

group of volunteers are working to form a Friends Group to assist the City in communicating about and planning for the Center.

• Project Communications: A project website has been created that provides

information about the project history, status, design plans, and existing programming. City staff will use https://www.cityofportsmouth.com/recreation/senior to post updates and other developments.

• Design Plans: The Senior Services Division as well as the Community Development

and Public Works Departments have been working with the Senior Subcommittee of the Recreation Board and users of the exiting Senior Center and architects and engineers on an Age-Friendly design for the Center. The plans for adaptive reuse of the existing building have been in development for the past two years. In September and October, the plans will proceed through the Site Plan Review process.

We all look forward to the wonderful addition the new Center will be to our community. I will keep you up to date as the work progresses.

6. Appointment of Administrative Official as Ex Officio Member to Planning Board. As

you are aware, I am appointing an administrative official of the City who shall be an ex officio member to the Planning Board in accordance with City Ordinance Chapter 1, Article III, Section I.303: Planning Board and new City Council Policy No. 4-2018 adopted by the City Council at the August 20, 2018 meeting, which requires “All members of the Planning

https://www.cityofportsmouth.com/recreation/senior


Board of the City of Portsmouth, whether characterized as Ex Officio, Alternate, Designated, Appointed or otherwise, shall be residents of the City of Portsmouth”.

My appointment is Raymond Pezzullo, Assistant City Engineer in the Water & Sewer Division of the Department of Public Works. Mr. Pezzullo is a resident of Portsmouth and he is a professional engineer who has worked in civil engineering for over thirty-four years. Presently, he works very closely with the Planning Department on the review of site plans. Mr. Pezzullo will bring this engineering and plan review expertise as an administrative ex officio member of the Planning Board.

7. Portsmouth Water Division Receives Public Communications Award from the New

England Water Works Association. Attached is a news release announcing the Portsmouth Water Division receives the Public Communications Award from the New England Water Works Association. This award recognizes excellence in communications through comprehensive public outreach materials and programs. In addition, this award follows NEWWA’s prior recognition of Deputy Public Works Director Brian Goetz when he was a recipient of the 2017 Award of Merit.

8. Portsmouth Public Works’ Intern Program Continues to Improve Data Planning.

Attached is a news release announcing the Department of Public Works have again employed the services of two University of New Hampshire graduates who interned in their Geographic Information System (GIS) department this year. Working under the guidance of the City’s GIS Coordinator, Jamie McCarty, Evan Silwa and Thomas Nethercott used global positioning equipment, cameras and own observations to inspect the City’s water infrastructure and compile data for other City initiatives.

jackson lewis

Attorneys at Law

Representing Management Exclusively in Workplace Law and Related Litigation

Jackson Lewis P.C.

100 International Drive

Suite 363

Portsmouth, NH 03801

Tel 603 559-2700

Fax 603 559-2701

www.jacksonlewis.com

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THOMAS M. CLOSSON DIRECT DIAL: 603.559.2729 [email protected]

To: City Manager John Bohenko and Portsmouth City Council From: Thomas M. Closson, City Negotiator Re: Superintendent Zadravec’s Employment Contract Date: August 15, 2018 I am pleased to recommend the attached employment contract between the Portsmouth School District and Superintendent Zadravec. This employment contract is a three year extension of the Superintendent’s current contract. It includes an annual COLA adjustment using the 10 year rolling average CPI-U of no less than 2% and no more than 5% on July 1, 2018 and on July 1st thereafter. I will be happy to answer any questions that you may have.

http://www.jacksonlewis.com/


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EMPLOYMENT AGREEMENT

1. Preamble

This Agreement is entered into between the School Board of School Administrative

Unit 52, Portsmouth, New Hampshire (the “SAU”) and Stephen Zadravec (the

“Superintendent”).

2. Employment and Term

The SAU agrees to employ the Superintendent and the Superintendent agrees to accept

employment in the position of Superintendent of Schools of SAU 52 for a term

commencing on July 1, 2018 and extending through June 30, 2021. The SAU and the

Superintendent acknowledge that this is a full-time, year-round position including

extensive obligations in the evenings and on week-ends. The Superintendent agrees to

devote all of his professional efforts to the successful fulfillment of his responsibilities

to the SAU described in Paragraph 4 below. This Agreement will be automatically

extended for one year unless the SAU notifies the Superintendent prior to January 1,

2021 that the contract will not be extended. Notwithstanding this automatic extension,

the SAU, pursuant to Paragraphs 6 and 7 below, retains the right to terminate this

Agreement, with or without cause, at any time during the term of this Agreement and

the SAU shall be liable to the Superintendent as is set forth in those paragraphs. If the

SAU notifies the Superintendent that the contract will not be extended, no severance

as provided in paragraph 7 will be due.

3. Salary

Effective July 1, 2018, the Superintendent shall receive an annual salary of one

hundred fifty-one thousand two hundred and twenty-eight dollars and twenty-six cents

($151,228.26). This salary will be payable in accordance with the SAU’s regular

payroll practices and will be subject to such deductions as may be authorized or as

may be required by law. Except as expressly described herein, the Superintendent

shall not be entitled to any salary enhancements including but not limited to longevity

or degree stipends.

Effective July 1, 2019 and July 1, 2020 a COLA adjustment percentage increase shall

be computed which shall not be less than 2% nor more than 5%. The COLA

Adjustment percentage shall be determined by taking the 10 year average of the CPI-U

for the Boston-Brockton-Nashua—MA-NH-ME-CT all items index as computed by

the Bureau of Labor Statistics of the US Department of Labor for the most recent 10

calendar years preceding the July 1 adjustment. BLS’s calendar year for this index is

November through November, it is not published on a December to December basis.

The reference base is 1982-1983 equals 100 until BLS updates the reference base at

which time the parties agree to adopt the official reference base as used by BLS.

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4. Authority and Responsibility

The Superintendent agrees to administer and supervise the schools of the SAU in

accordance with the laws of the State of New Hampshire and in accordance with the

rules and regulations of the State Board of Education and the SAU. In addition, the

Superintendent shall have the authority, subject to limitations in law, collective

bargaining agreements and SAU policies and procedures, to organize, reorganize and

arrange the administrative and supervisory staff of the SAU in such way, as in the

Superintendent’s judgment, best serves the SAU. The Superintendent shall be

responsible for the nomination, placement, and transfer of personnel.

5. Certification

The Superintendent shall be required to hold for the life of this Agreement a valid

certificate for Superintendent of Schools, properly registered and issued by the State of

New Hampshire.

6. Termination for Cause

This Agreement may be terminated by the SAU at any time for cause, i.e., failure on

the part of the Superintendent to comply with any term or condition of this

Agreement, the laws of the State of New Hampshire, or the rules and regulations of

the State Board of Education, the SAU, or the City of Portsmouth; or malfeasance,

misfeasance, nonfeasance, or insubordination in carrying out the responsibilities of

the office of the Superintendent of Schools as specified in the Municipal Charter of

the City of Portsmouth or as directed by the SAU. If a conflict arises, the rules and

regulations established by the SAU will prevail.

Termination for Cause shall take place only following written notification specifying

the reasons for termination. Unless the Superintendent submits to the SAU, within

twenty (20) days of receipt of such notification, a written request for a hearing before

the SAU, the Agreement shall be considered terminated as of the date which falls

thirty (30) days after the Superintendent’s receipt of notification. If the

Superintendent requests a hearing, the SAU shall hold this hearing within twenty (20)

days after receipt of such request. The SAU shall render a written decision to the

Superintendent within ten (10) days of the hearing. In the event of a Termination for

Cause, the Superintendant shall receive no severance and no further compensation

beyond the last day worked.

7. Termination with Payment

If at any time the SAU in its discretion shall so determine, the SAU may, without

cause and with or without prior notice, relieve the Superintendent of duties under this

Agreement. In such event, the Superintendent shall be entitled to severance benefits.

As is set forth above in Section 6, if the termination is for cause, the Superintendent

shall not be entitled to severance benefits. Such severance benefits shall be in a lump

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sum and determined as follows: If termination without cause occurs prior to January

1 of the last year of the contract, one full year’s salary or the balance of the contract,

whichever is less. If termination without cause occurs in the last six months of the

contract, six month’s salary. Severance benefits shall not be paid upon the voluntary

resignation of the Superintendent.

8. Termination by Mutual Consent/Voluntary Resignation

This Agreement may be terminated at any time by mutual consent of the SAU and the

Superintendent or by voluntary resignation of the Superintendent. In the event the

Superintendent voluntarily resigns before the expiration of the term of this

Agreement or any renewal thereof, the Superintendent shall give the SAU sixty (60)

days written notice in advance of such resignation. In the event of voluntary

resignation, the Superintendent shall not be eligible for severance benefits pursuant to

Section 7 of this Agreement.

9. Severance Constitutes Release

The acceptance by the Superintendent of the severance benefits provided under this

Agreement shall constitute a full and complete release of any other rights, claims, or

causes of action whether in law, equity or otherwise, that the Superintendent may

have against the SAU, the School District, the City of Portsmouth, and the

employees, elected or appointed officials, officers, agents, representatives and

attorneys of such entities.

10. Vacation Leave

The Superintendent is entitled to thirty (30) days of vacation each contract year. The

Superintendent will be paid for unused vacation time, not to exceed ten (10) days per

year, within fourteen (14) days following the end of the contract year (June 30). Any

other unused vacation must be taken not later than October 1 following the contract

year for which it is accrued, failing which it will be lost. Except for this provision,

there shall be no payoff of unused vacation time under any circumstances. The per

diem rate for the Superintendent for purposes of this Section shall be calculated by

dividing his then current annual base salary (not including 403(b) payments, mileage

allowance or any other additional payments) by 230.

11. Benefits

Except as otherwise provided herein, the Superintendent’s fringe benefits shall be

established by the collective bargaining agreement between the Portsmouth School

Board and the Association of Portsmouth School Administrators. Nothing in this

provision, however, shall entitle the Superintendent to any salary enhancements

included in that agreement including but not limited to longevity or degree stipends.

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12. 403(b) Plan

The SAU shall pay an employer contribution in the total amount of Seven Thousand

($7,000.00) per contract year toward the purchase of a tax sheltered retirement

savings plan for the Superintendent pursuant to Section 403(b) of the Internal

Revenue Code of 1986, as amended. All payments for the retirement savings plan

shall be paid at least annually by the SAU to a provider of the Superintendent’s

choice, which may be changed from time to time by the Superintendent by written

notice to the SAU. This benefit shall be cancelled if the Superintendent elects to

accept the health insurance benefit provided in the collective bargaining agreement

between the Portsmouth School Board and the Association of Portsmouth School

Administrators. If cancellation occurs during the contract year (July 1 – June 30), the

403(b) plan payment shall be prorated based on the portion of the contract year that

the Superintendent is not covered by the health insurance benefit. This benefit, along

with all other benefits under this Agreement, terminates with the termination of the

Superintendent’s employment for any reason.

Taxes and New Hampshire Retirement System contributions shall be withheld from

these contributions only to the extent, if any, required by applicable law. This

Section only shall be subject to renegotiations by the parties in the event of a material

change in the current provisions of the Internal Revenue Code and regulations

adopted pursuant thereto governing such annuities.

13. Physical Examination

The SAU may require the Superintendent to have a physical examination by a

physician selected by mutual agreement once each year with the cost of such

examination to be borne by the SAU unless covered under the Superintendent’s

medical insurance policy.

Any report of the medical examination shall be given directly and exclusively by the

examining physician to the Superintendent. The SAU Board shall be advised in

writing by the physician if the Superintendent has a physical or mental impairment

which would substantially interfere with his/her ability to perform the required duties.

Such report shall be confidential.

14. Economic Benefits

In addition to the compensation enumerated in Section 3, the Superintendent shall

also be entitled to the following:

a. Reimbursement of mileage incurred on SAU business at the rate established by

the Internal Revenue Service.

b. Reimbursement of reasonable and necessary expenses incurred in attendance at

appropriate professional conferences within budgets approved by the SAU.

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c. Payment of the Superintendent’s annual professional dues within budgets

approved by the SAU.

AGREED: The parties below acknowledge that this Agreement is subject to the

approval of the Portsmouth City Council without which approval this Agreement is

without force and effect.

For the SAU: Superintendent:

Date: Date:

Approved by the Portsmouth City Council: Date:

4843-9636-3298, v. 1

Board of Police Commissioners

of the

City of Portsmouth, N.H.

August 29, 2018 Honorable Mayor Jack Blalock Portsmouth City Council CITY OF PORTSMOUTH 1 Junkins Avenue Portsmouth, NH 03801

RE: Step Increase for Chief Merner Dear Mayor and Council:

The Police Commission requests your approval to move Chief Merner from Step E to Step F on the PMA salary schedule for Year Two (6/20/18 to 6/19/19) of his 5-year contract.

As I summarized for you at our recent non-public meeting on August 20th regarding this personnel matter, in early June of 2017 the Police Commission was asked by City Manager Bohenko to rewrite our initial draft of the Chief's contract to comport with PMA-style contracts of all other department leaders in the city (e.g., School Superintendent, Director of Public Works).

In the Commission's haste to rewrite the contract at "the 11th hour" to ensure the City Council could vote on the contract at their next public meeting and ensure a seamless transition from Chief Mara to Chief Merner, we failed to notice that the new contract did not include language about moving from Step E to Step F in Year Two.

Note that Chief Merner's 30-years of law enforcement experience well exceeds the 12-year Step F requirement. In addition, because we assumed the Chief would move to Step F, the approximately $3,800 salary increase was included in the 2018-19 department budget recently approved by the Council.

On behalf of the Police Commission, thank you for your consideration.

Sincerely,

Joe Onosko, Chair PORTSMOUTH POLICE COMMISSION cc: Attorney Tom Closson

Section 7.102: PARKING METER ZONES All of those streets, parts of streets and off-street parking lots, the time for parking upon which is limited by any ordinance of the City of Portsmouth, and any such areas, the time for parking upon which may at any time hereafter be limited by any ordinance of the City or any amendment thereto are designated as parking meter zones. Parking in parking meter zones shall be for a maximum time permitted of parking of three (3) consecutive hours, unless otherwise established by ordinance. The rate for such parking shall be:

A. DOWNTOWN HIGH OCCUPANCY ZONE:

Parking shall be at the rate of two dollars ($2.00) per hour in the following areas. Parking for verified Portsmouth residents using an approved personal meter device, as defined in Section 7.101, shall be at a rate of $0.25 less than this rate. Proof of residency shall be determined using standards established by the Portsmouth Revenue Administrator. 1. Daniel Street, starting at Chapel Street through to Market Square 2. Bow Street, starting at Chapel Street through to Market Street 3. Congress Street, starting at Market Square through to Chestnut Street 4. Pleasant Street, starting from Court Street through to Market Square 5. Market Street, starting from Moffatt-Ladd House through to Market Square 6. Deer Street, starting at Market Street through to Maplewood Avenue 7. Fleet Street, starting at Hanover Street through to State Street 8. Hanover Lot, at intersection with Market Street 9. Penhallow Street, starting at State Street through to Bow Street 10. Chapel Street, starting at Daniel Street through to State Street 11. Hanover Street from Maplewood Ave. to Market Street 12. Portwalk Place from Deer Street to Hanover Street 13. High Street from Deer Street to Hanover Street 14. Bow Street from Chapel Street to Daniel Street 15. Daniel Street from Chapel Street to Bow Street 16. State Street from Marcy Street to Penhallow Street 17. State Street from Penhallow Street to Pleasant Street 18. State Street from Pleasant Street to Middle Street 19. Washington Street from State Street to Court Street 20. Ladd Street Lot at Hanover Garage

B. Parking in all other parking meter zones shall be at the rate of one dollar fifty cents

($1.50) per hour.

MCINTYRE PROJECT NEGOTIATING PRINCIPLES

In order to expeditiously move forward with the McIntyre project the City shall

apply to the following negotiating principles to its negotiations with Redgate/Kane.

1. For the period commencing immediately and extending to July 30, 2018,the City shall negotiate exclusively with the entity of Redgate/Kane.Subsequent to that date the City reserves the option to consider otherpotential development partners.

2. It is anticipated that the City and Redgate/Kane will submit a jointapplication to the Federal Historic Monument Program consistent in allsubstantive manner with the City’s request for proposal dated August 22nd,2017 and the proposal submitted by Redgate/Kane dated November 6th,2017 excepting only deviations from those documents as may beexpressly approved in writing by both the City and Redgate/Kane. It isexpected that the application will be filed on or about July 10, 2018. If theapplication is rejected for technical reasons or correctible issues the Citywill work in good faith with Redgate/Kane to submit a correctedapplication.

3. All expenses of every kind related to the development of the jointapplication to the Historic Monument Program shall be borne byRedgate/Kane except as may be expressly accepted in writing by the City.Redgate/Kane shall have no obligation to pay or reimburse any expensesincurred by the City.

4. The application to the Historic Monument Program shall be subject to themutual approval by both the City and Redgate/Kane.

5. Due diligence to be performed prior to the application to the HistoricMonument Program shall be performed by Redgate/Kane, at its cost andexpense. The City shall assist in any way permitted by law to secureaccess to all portions of the McIntyre project site for Redgate/Kane. TheCity shall receive the results from Redgate/Kane of any and all duediligence activities and materials (with reliance rights) which areundertaken, which will include customary environmental, soil and propertycondition diligence. Environmental due diligence shall comply with theEPA’s All Appropriate Inquiry Rule and ASTM E1527-13 Standard. Duediligence to be completed by June 30, 2018, provided that Redgate/Kaneis afforded sufficient prior access to the property to perform such duediligence.

6. The agreements which must be negotiated to substantial completion priorto the filing of an application to the Historic Monument Program shallinclude:

a. A Development Agreement between the City and Redgate/Kanewhich describes in detail the activities to be undertaken at and withrespect to the McIntyre site and the responsibilities of theDeveloper for bearing all costs associated with redevelopment ofthe site, including, by way of example: (i) the scope of theDeveloper’s initial construction and rehab obligations; (ii)environmental; (iii) construction schedule; (iv) Developer financingplan; (v) security and guarantees for completion of Developer’sconstruction work; (vi) the approved plan for Developer’srehabilitation, restoration, maintenance and operation of theProperty; (vi) events of default and remedies; (vii) definition of theDeveloper’s “reasonable profit” under applicable federal law; etc.

b. A long term Ground Lease under which the City would make thesite available to Redgate/Kane to develop in accordance with theDevelopment Agreement and operate in accordance with theprovisions of that Ground Lease. By way of example, the GroundLease will contain provisions governing the following: (i) term; (ii)base rent; (iii) additional rent; (iv) maintenance and operationrequirements; (v) insurance requirements; (vi) events of default andremedies; (vii) use restrictions and covenants; (viii) end of termrights and responsibilities; (ix) transfer restrictions; (x) assumptionby tenant of all obligations under the Federal Historic MonumentProgram with respect to the Property including the rehabilitation,operation, management and maintenance of the Property.

7. The fully executed Development Agreement must be in place prior to theexecution of the Ground Lease. The parties anticipate negotiating theterms of the Development Agreement prior to submission of theapplication to the Federal Historic Monument Program and executing theDevelopment Agreement promptly following the award by the HistoricMonument Program to the City. The Ground Lease will be executedfollowing (i) receipt of title to the site by the City from the federalgovernment and (ii) the issuance of the building permit (beyond anyappeal period) and satisfaction of other customary closing conditions setforth in the Development Agreement.

8. The Development Agreement shall contemplate that, to the fullest extentpossible, all local land use and regulatory approvals necessary for the

CITY OF PORTSMOUTH PLANNING DEPARTMENT

Page 1

MEMORANDUM

TO: JOHN P. BOHENKO, CITY MANAGER FROM: JULIET T.H. WALKER, PLANNING DIRECTOR SUBJECT: HIGHWAY NOISE OVERLAY ZONING DISTRICT DATE: 08/27/2018 Recommended Action Vote to schedule a first reading for the September 17, 2018 City Council meeting on the following zoning amendments related to the creation of a Highway Noise Overlay District:

• Amendment to Zoning Map to add Highway Noise Overlay District as shown on the map titled “Proposed Highway Noise Overlay District”, dated July 17, 2018;

• Insert new Section 10.613.60 identifying the Highway Noise Overlay District on the Zoning Map;

• Insert new Section 10.670 Highway Noise Overlay District; • Amend Article 15 – Definitions, Section 10.1530 – Terms of General Applicability.

Background For many years now, the City, along with state and local legislators and community representatives, has been seeking a mechanism for mitigating highway noise impacts for residential neighborhoods that abut the major highways in the City. One of the biggest obstacles has been securing the funding to implement the appropriate mitigation measures (i.e. sound barriers). Recently, the New Hampshire Department of Transportation (NHDOT) instituted a Highway Noise Barrier Program which provides the opportunity for abatement to be considered for communities adjacent to existing highways where no highway improvements are programmed (Type II). Previously this funding mechanism was only available in communities where new highway improvement projects were programmed (Type I). The introduction of Type II means that Portsmouth’s historical neighborhoods that are located along major highways, such as Pannaway Manor, may now be eligible for mitigation measures to reduce highway noise impacts. One of the requirements for acceptance into the Type II program is that the City has to have enacted highway noise compatible planning and development regulations which require avoidance, minimization or mitigation of exterior highway traffic noise impacts associated with new noise sensitive development adjacent to state highways. The purpose of these zoning amendments are to meet this requirement.

CITY MANAGER MEMO FOR HIGHWAY NOISE OVERLAY ZONING

August 27, 2018 Page 2

The City initially applied to NHDOT for acceptance to the Type II program in September of 2017, but was denied based on the lack of local noise related regulations. A copy of the correspondence is enclosed for reference. The amendments as proposed are designed to meet the minimum requirements for meeting the Type II program guidelines without unduly restricting property owners. The City’s zoning consultant, Rick Taintor, has worked with the Planning Department staff to draft these amendments after consulting Federal Highway Administration guidance as well as reviewing with staff at NHDOT and the Rockingham Regional Planning Commission. Planning Board Review The Planning Board conducted a public hearing on this proposed zoning amendment at its August 16th meeting and voted to recommend approval to the City Council.

Proposed Zoning Ordinance Amendment – Highway Noise Overlay District

- 1 -

ORDINANCE # THE CITY OF PORTSMOUTH ORDAINS That the Ordinances of the City of Portsmouth, Chapter 10 — Zoning Ordinance, be amended as follows:

A. Amend the Zoning Map by adding the Highway Noise Overlay District as shown on

the map titled “Proposed Highway Noise Overlay District”, dated July 17, 2018.

B. Insert a new Section 10.613.60 as follows:

10.613.60 The Highway Noise Overlay District (HN) is identified on the Zoning Map.

C. Insert a new Section 10.670 — Highway Noise Overlay District, as follows:

10.670 Highway Noise Overlay District (HN) 10.671 Purpose The purpose of this Section is to minimize the impact of highway traffic noise on individuals, businesses and other activities, and to protect the general health, safety and welfare of the City by regulating certain uses, activities, and development within areas subject to projected intense highway traffic noise. This Section is adopted specifically to make the City of Portsmouth eligible for participation in the New Hampshire Department of Transportation’s Type II noise abatement program. 10.672 Applicability 10.672.10 The provisions of this Section shall apply to all land within the Highway

Noise Overlay District as defined in Section 10.613.60, except land subject to the land use regulations of the Pease Development Authority.

10.672.20 The provisions of this Section shall overlay and supplement the

regulations of any underlying district. If any provision of this Section differs from or appears to conflict with any other provision of the Zoning

Highway Noise Overlay District 2

Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling.

10.673 Standards Noise sensitive uses within the Highway Noise Overlay District shall be planned, designed and constructed to comply with the following standards: Structures and Uses Loudest Traffic Hour Sound Level Interior of dwelling, institutional residence or care facility, hospital or lodging establishment

45 dBA

Interior of other noise sensitive use 55 dBA Uses with outdoor activities, measured at edge of the active use area closest to the highway

65 dBA

10.674 Conditional Use 10.674.10 Within the HNOD, noise sensitive uses shall require a conditional use

permit from the Planning Board.

10.674.11 An addition or extension to a one-family or two-family dwelling that lawfully existed prior to the effective date of this Ordinance, or that was constructed subject to a validly issued conditional use permit, shall be exempt from the standards in Section 10.675 and from the requirement for a conditional use permit, provided that the footprint area of the addition or extension, together with the area of all prior such additions and extensions, shall not exceed 25 percent of the area of the footprint of the principal heated structure existing prior to the effective date of this Ordinance or constructed pursuant to a validly issued conditional use permit. This 25 percent threshold shall not be based on pre-existing attached or detached garages, sheds, decks, porches, breezeways, or similar buildings or structures.

10.674.20 A noise analysis prepared in compliance with Section 10.675 must be

submitted with any application for a conditional use permit under this section.

10.674.30 An application for a conditional use permit for a noise sensitive use in

the Highway Noise Overlay District may be approved only if a noise


analysis prepared in compliance with Section 10.675 demonstrates that any applicable exterior and interior sound level standards established in Section 10.673 will be met through one or more of the following measures:

(a) Site design to ensure that noise sensitive land uses are placed

outside of the applicable noise contour;

(b) Site design that achieves noise mitigation through placement of accessory structures between the noise source and the noise receiver;

(c) Installation of a noise barrier; or

(d) Superinsulated building design and construction. 10.674.40 The Planning Board shall grant a conditional use permit for a noise

sensitive use only upon finding that any applicable exterior and interior sound level standards will be met as demonstrated by a noise analysis.

10.675 Noise Analysis A noise analysis must be prepared by a registered engineer or qualified professional transportation noise analyst who has been trained in the use of the Federal Highway Administration (FHWA) Transportation Noise Model or a replacement model that has been approved by the FHWA. A noise analysis must include the following:

(1) A description of the proposed development.

(2) A narrative description of the proposed site configuration and any proposed

noise mitigation measures.

(3) A diagram showing the proposed site configuration including the location of noise sensitive land uses and any proposed noise mitigation measures.

(4) Unadjusted 60, 65 and 70 dBA noise contours for the loudest traffic hour sound levels shown as an overlay on the site diagram. Noise contours must be developed using the FHWA Transportation Noise Model (or a replacement model that has been approved by the FHWA).

(5) If the noise analysis shows that projected noise levels will exceed the sound level standard for the applicable activity at the location specified, the noise analysis must include:


(a) Any adjusted noise contours and site-specific analyses used to adjust the noise contours based on improved topography;

(b) Calculations to support the noise level reduction of any proposed noise mitigation measure;

(c) A description of the width, depth, height, length, and materials used in any proposed noise barrier; and

(d) A description of construction methods and materials used in any proposed superinsulated building design. The sound transmission class must be provided for materials used.

D. Amend Article 15 – Definitions, Section 10.1530 – Terms of General Applicability,

by inserting the following terms and definitions in alphabetical order:

Active use area The land area within 35 feet of a dwelling unit, or other principal use, on the sides closest to the highway where patios, children’s play areas, and outdoor activities are common.

dBA

The sound pressure level in decibels that is frequency weighted to the A-scale according to a frequency response established by the American National Standards Institute (ANSI S1.4-1971) and that approximates the frequency response of the human ear.

Leq(h) [hourly equivalent sound level]

The equivalent, steady-state A-weighted sound level that in one hour contains the same acoustic energy as the time-varying sound level during the same period. This is the average noise over one hour adjusted for human hearing.

Loudest traffic hour sound level

The Leq(h) associated with the loudest highway traffic hour. Noise barrier

A noise wall, an earth berm, or a noise wall in combination with an earth berm, that obstructs the path of sound from the sound source to the sound receiver.

Noise mitigation

Reduction of the noise that is transmitted from a noise source to a receiver as a result of distance, natural features, noise barriers, or other structures.


Noise sensitive land uses

Residential uses, institutional residence or care facilities, hospitals, lodging establishments, places of assembly, libraries, schools, and day care centers.

Outdoor activities

Residential yards, gardens, patios, pools, etc.; private and public play areas.

Superinsulated

Designed and constructed to achieve a noise level reduction of more than 20 dBA Leq(h) between outdoor and indoor noise levels.

The City Clerk shall properly alphabetize and/or re-number the ordinances as necessary in accordance with this amendment. All ordinances or parts of ordinances inconsistent herewith are hereby deleted. This ordinance shall take effect upon its passage. APPROVED: __________________________ Jack Blalock, Mayor ADOPTED BY COUNCIL: _____________________________ Kelli L. Barnaby, City Clerk

September 22, 2017

RE: Type II Noise Abatement Program

Dear Jonathan:

In response to the Commissioner’s letter dated September 1, 2017, please find the enclosed

details of noise compatible planning, zoning and development regulations which have been

enacted in the City of Portsmouth. We appreciate your consideration in determining the City’s

eligibility to participate in the Type II program.

Zoning Ordinance

Article 13 – Performance Standards

Section 10.1332.10 – Noise Limits

“The maximum permissible sound pressure level of any activity regulated by this

Ordinance shall be established by the time period and type of zoning district listed below.

Sound pressure levels shall be measured at all major lot lines, at a height of at least 4 feet

above the ground surface, but not greater than 4 feet above the floor surface of the upper

most level of the building.

Section 10.1332.20 – “Sound from any source controlled by this Ordinance shall not

exceed the following sound pressure levels at the lot line of the “sender” premises.” (See

Section 10.1332.20 for Table of maximum sound pressure levels)1

Section 10.533 – Special Yard Requirements on Lafayette Rd.

“Notwithstanding the minimum front yard requirements specified in Section 10.521 or

Section 10.531, for any lot adjoining Lafayette Road between the Route 1 Bypass and

the Rye town line, no building, structure, parking area, or display or storage area shall

be located less than 80 feet from the centerline of Lafayette Road or 30 feet from the

sideline of Lafayette Road, whichever represents the greater setback, except as

permitted under Section 10.730.

Section 10.1131 – Landscaping and Screening - General

“All multifamily residential and nonresidential development of land shall provide

landscaping and screening as required by the Site Plan Review Regulations.”

Site Plan Review Regulations

Section 1.1(e) – Purpose

1 Section 10.1333 – Exemptions – include 10.1333.6 – “Traffic noise on existing public streets, railways or river

traffic.”

“Protect abutters against hazards, unsightliness and nuisances detrimental to property

values.”

Section 3.2 – Off-site Impacts

“A traffic impact analysis shall be prepared by a professional engineer licensed in New

Hampshire and experienced and qualified in traffic engineering, and shall contain the

following information:

(d) A proposed plan to mitigate the projected impacts of the development.”

(See Section 3.2.2 for (a-c) required information)

Section 3.2.4 – “The applicant shall provide traffic signal equipment, traffic signs, travel

lanes, pavement widening, markings, sidewalks, and other improvements to existing

streets upon determination by the Planning Board that the specific improvements are

necessary for safe handling of traffic generated by the proposed development.”

Section 6.1 – Landscaping and Screening Standards

“Landscaping shall be provided that:

o 6.1 (f) – Provides buffers between incompatible land uses or sites;

o 6.1 (h) – minimizes the introduction of pollutants to the environment.

Section 6.9.1 – “Where nonresidential uses and/or off-street parking facilities abut a

residential zone the perimeter shall be screened to provide physical and visual separation

between uses.”

Section 6.9.4 – “All sites shall incorporate screening measures to prevent the headlights

of vehicles from shining on adjoining residential areas.”

Subdivision Regulations

Section VI (12) – A. Open Space – Natural Features – preservation of natural features

and boundaries

o B. Buffer Strips – vegetative buffer to provide screening where non-residential

development abuts a residential zone.

Should you have any questions, please feel free to contact me.

Sincerely,

Eric B. Eby, P.E.

Parking and Transportation Engineer

Portsmouth CM-OFFICE, City of Portsmouth - Community Events

Fri Sep 7, 2018

7:30am - 6pm TEDXPortsmouthWhere : Music HallDescription: Closure of Chestnut Street to vehicle traffic for the day of the show starting at 7:30 a.m. to 6:00 p.m. Registration and networking will take place outside from 8:00 a.m. until 9:00 a.m. then the show will move indoors. There will be 90 minute sessions inside, but breaks will take place out on the street.

Sat Sep 8, 2018

4pm - 7pm Aharonian TrioWhere : Vaughan Mall Stage

Sun Sep 9, 2018

12pm - 4 :30pm Electric Vehicle ShowWhere : To be discussed - use of City Hall lower parking lots Description: Contact: James Penfold

Fri Sep 14, 2018

All day Music Hall Telluride by the Sea Film FestivalFri Sep 14, 2018 - Sun Sep 16, 2018Where : Music HallDescription: - https://www.themusichall.org - Contact: Chris Curtis [email protected] to Porter Streets will be closed.

7pm - 10pm Folk TrioWhere : Vaughan Mall

Sat Sep 15, 2018

All day Music Hall Telluride by the Sea Film FestivalFri Sep 14, 2018 - Sun Sep 16, 2018Where : Music HallDescription: - https://www.themusichall.org - Contact: Chris Curtis [email protected] to Porter Streets will be closed.

10am - 11am American Foundation for Suicide PreventionWhere : Little Harbour School Begin and EndDescription: - https://afsp.donordrive.com - Contact: Ken La Valley, Chair - (603) 862-4343 [email protected] - Registration begins at 8:30 a.m. and walk duration from 10:00 a.m. toNoon.

Updated 090418


2pm - 9pm 4-Piece Folk BandWhere : Vaughan Mall Stage

Sun Sep 16, 2018

All day Music Hall Telluride by the Sea Film FestivalFri Sep 14, 2018 - Sun Sep 16, 2018Where : Music HallDescription: - https://www.themusichall.org - Contact: Chris Curtis [email protected] -Congress to Porter Streets will be closed.

7:30am - 9 :30am My Breast Cancer SupportWhere : Portsmouth Middle School, 155 Parrott Ave, Portsmouth, NH 03801, USA Description: - http://cp5k.mybreastcancersupport.org - Contact: Jennie Halstead, Executive Director, Survivor - (603) 759-5640

Sat Sep 22, 2018

All day Granite State Wheelmen Inc. - Seacoast Century Bicycle RideSat Sep 22, 2018 - Sun Sep 23, 2018Where : Route starts at Hampton Beach cycle into Massachusetts and Maine Description: - http://www.granitestatewheelmen.org - Contact: Donna Hepp, Seacoast Century Co-Coordinator [email protected] or 414-258-3287.

All day Friends of the South End Fairy House TourSat Sep 22, 2018 - Sun Sep 23, 2018Where : Use Peirce Island Parking as well as the use of Prescott ParkDescription: - http://www.portsmouthfairyhousetour.com - Contact Caroline Amport [email protected] or (603) 686-4338 - The Tour will take place on the grounds of the Governor John Langdon House, Strawbery Banke Museum and in collaboration with the Prescott Park Arts Festival. Use of Peirce Island for parking as well as the use of Prescott Park. Closure of Washington Street between Hancock and Court Streets to through traffic from 9:30 a.m. to 4:00 p.m. both days.

4pm - 7pm Aharonian TrioWhere : Vaughan Mall StageDescription: Phone contact info for Merrill is: 603-205-6167 and Russell is 207- 752-3862.


Sun Sep 23, 2018

All day Granite State Wheelmen Inc. - Seacoast Century Bicycle RideSat Sep 22, 2018 - Sun Sep 23, 2018Where : Route starts at Hampton Beach cycle into Massachusetts and Maine Description: - http://www.granitestatewheelmen.org - Contact: Donna Hepp, Seacoast Century Co-Coordinator [email protected] or 414-258-3287.

All day Friends of the South End Fairy House TourSat Sep 22, 2018 - Sun Sep 23, 2018Where : Use Peirce Island Parking as well as the use of Prescott ParkDescription: - http://www.portsmouthfairyhousetour.com - Contact Caroline Amport [email protected] or (603) 686-4338 - The Tour will take place on the grounds of the Governor John Langdon House, Strawbery Banke Museum and in collaboration with the Prescott Park Arts Festival. Use of Peirce Island for parking as well as the use of Prescott Park. Closure of Washington Street between Hancock and Court Streets to through traffic from 9:30 a.m. to 4:00 p.m. both days.

8:30am - 1pm Seacoast Walk to End Alzheimer'sWhere : Little Harbour School begin and endDescription: - http://act.alz.org - Contact: Kate Corriveau, NH Development Officer [email protected] or (617) 393-2151 - The Walk site opens at 8:30 a.m. for registration, the Walk itself kicks off at 10:00 a.m. and clean up and off the premises by 1:00 p.m.

10am - 12pm 5K Road Race - Bottomline TechnologiesWhere : Pease TradeportDescription: - Contacts: Holly Tennent and Jylle Nevejans - [email protected] or 603-501-6653 - [email protected] or 603-501-6185

Sat Sep 29, 2018

All day Portsmouth Marit ime Folk FestivalSat Sep 29, 2018 - Sun Sep 30, 2018Where : Market SquareDescription: - http://www.pmffest.org - Contact: Bruce MacIntyre

4pm - 7pm Aharonian TrioWhere : Vaughan Mall Stage


Sun Sep 30, 2018

All day Portsmouth Marit ime Folk FestivalSat Sep 29, 2018 - Sun Sep 30, 2018Where : Market SquareDescription: - http://www.pmffest.org - Contact: Bruce MacIntyre

Sun Oct 7, 2018

10am - 11 :30am 6th Annual Memorial Bridge 5kWhere : US Route 1 Memorial BridgeDescription: - https://www.prescottpark.org - Contact: Ben Anderson, Executive Director,Prescott Park Arts Festival (603) 436-2848 - This event is held by Prescott Park Arts Festival in conjunction with Seacoast Community School.

Thu Oct 11, 2018

All day NH Film FestivalThu Oct 11, 2018 - Sun Oct 14, 2018Where : Music HallDescription: Closure of Chestnut Street to vehicle traffic on Friday, October 12, 2018 beginning at 9:00 a.m. to allow for set-up for a red-carpet gala. The street will be reopened to traffic following the conclusion of the gala at 8:30 p.m.

Fri Oct 12, 2018


Sat Oct 13, 2018



Sun Oct 14, 2018

All day NH Film FestivalThu Oct 11, 2018 - Sun Oct 14, 2018Where : Music HallClosure of Chestnut Street to vehicle traffic on Friday, October 12, 2018 beginning at 9:00 a.m. to allow for set-up for a red-carpet gala. The street will be reopened to traffic following the conclusion of the gala at 8:30 p.m.

Wed Oct 31 , 2018

7pm - 9pm Portsmouth Halloween ParadeWhere : Beginning at Peirce Island to conclude at Prescott ParkDescription: - http://www.portsmouthhalloweenparade.org - Contact: Abigail Wiggin

Sun Nov 11, 2018

8am - 9am Seacoast Half MarathonWhere : Begins and Ends at Portsmouth High SchoolDescription: - https://seacoasthalfmarathon.com - Contact: Jay Diener, Co-Race Director (603)758-1177 or [email protected]

Sun Dec 9, 2018

10am - 11am Jingle Bell Run/Walk for ArthritisWhere : Little Harbour SchoolDescription: - https://www.arthritis.org/new-hampshire/ - Contact: Thomas Bringle, Director ofDevelopment (603) 460-4213 or [email protected] - Registration opens at 9:00 a.m. andrace start time is 10:00 a.m.

Sat Apr 13, 2019

9:30am - 11:30am New Castle 10KWhere : Starts and finishes at Great Island Common New Castle Description: - https://www.newcastlenh10k.com/ - Contact: Nick Diana (603) 498-8539 [email protected]


Sun May 5 , 2019

8:30am - 9 :30am American Lung - Cycle the SeacoastWhere : Cisco Brewers PortsmouthDescription: This event will be held at Cisco Brewers (formerly Redhook) Portsmouth. The first rider will leave Cisco Brewers at 7:00 a.m. and the last rider will be in around 3:30 p.m. Contact is Melissa Walden, Associate of Development.


Page 1

MEMORANDUM

TO: JOHN P. BOHENKO, CITY MANAGER FROM: JULIET T.H. WALKER, PLANNING DIRECTOR SUBJECT: CITIZEN REQUEST FOR TRANSITIONAL ZONING OPTION FOR

BARTLETT STREET AREA DATE: 08/29/18 At the August 20, 2018 City Council meeting, the Council voted to request a report back from the Planning Department regarding a citizen request for a “transitional zoning option” in the Bartlett Street neighborhood. Specifically, the resident request (which had its genesis in the 105 Bartlett Street re-zoning process) asked “that the Planning Board be enlisted to work on a more residential transitional zoning option that could be added to the City’s zoning laws.” The request points to the desire to protect the residentially-zoned neighborhoods from “expansive retail and commercial uses” allowed in the abutting CD4-W district by instituting a new zoning district. The suggestions included in the request – allowing for a building footprint that is somewhere between what is allowed in the CD4-W and the residential districts and providing for a mix of uses that are more compatible with residential areas – are both issues that were raised and discussed during the re-zoning process for 105 Bartlett Street. The modifications made to the zoning in this area and what was ultimately adopted by City Council sought to strike a balance between the impacts on the residential neighborhood and the developer’s objectives for the site. The results were a reduced maximum allowable building footprint in the CD4-W, a decrease in allowable building height, and an extension of the CD4-L2 zoning district to act as a “transition” zone between the GRC district south of the railroad tracks. As to the request to add another zoning district that would fall somewhere between the CD4-L1/L2 districts and the CD4-W district, this is something the City could certainly consider, but consideration should be given for where such a zoning district would be implemented. The citizen request points to the “Bartlett Street neighborhood”, but now that 105 Bartlett Street re-zoning has passed, there are limited opportunities for applying such a zoning district in this area with three possible exceptions (shown on the maps below). The McDonough Street neighborhood, currently zoned GRC, is bordered by the CD4-L2 district on the Islington Street side and the North Mill Pond side. The only locations where the GRC district is not buffered by a CD4-L2/L1 district is on the north (which abuts a Municipal Zone and a CD-5 zone in the area of the Heinemann property and the Rock Street park) and between Langdon and Cabot (which are zoned MRB). These

two areas in the McDonough Street neighborhood could potentially be considered for re-zoning to a modified Character District zone.

Figure 1: CD5 Districts between Hanover St/Sudbury St and railroad

Figure 2: MRB District between Langdon Street and Cabot Street

The neighborhood abutting Bartlett Street is zoned CD4-W for the commercial properties between Islington Street and Morning Street and then GRA out to the Route 1 Bypass. Although the CD4-W district does abut GRA at Morning Street, the West End Overlay District, which allows an increase in building footprint and height does not extend all the way to Morning Street. Therefore, there is an existing transition area between the CD-4W and GRA district at that location. However, if there is a desire to further limit commercial uses and more intense development in this portion of Bartlett Street, this is another location where a modified Character District zone could be considered.

Figure 3: CD4-W District at Morning Street (blue line is Overlay District)

It is important to keep in mind that our zoning has other mechanisms for providing the transition areas between different densities and land uses and it may not always be necessary to create a new zoning district. In all districts, yards and building setbacks, buffers, building coverage, open space coverage, and additional setbacks for particular types of uses are ways to minimize the potential for conflict between incompatible land uses. In the Character Districts, height areas are regulated separately than other dimensional controls and this is another mechanism for providing a transition between higher density and lower density areas.


Page 1

MEMORANDUM

TO: JOHN P. BOHENKO, CITY MANAGER FROM: JULIET T.H. WALKER, PLANNING DIRECTOR SUBJECT: BICYCLE / PEDESTRIAN PLAN PROGRESS UPDATE DATE: 8/28/2018 In 2014, the City adopted the city-wide Bicycle Pedestrian Plan (BPP). The plan lays out a complete city-wide bicycle and pedestrian network, provides guidelines and standards for bicycle and pedestrian facilities, and includes a prioritized list of infrastructure improvements as well as non-infrastructure initiatives to improve connectivity and safety for bicyclists and pedestrians. Since the adoption of the BPP, the City has made significant progress on implementation of the plan’s recommendation. Recently, the Planning Department staff completed an update to the plan’s list of infrastructure recommendations and related maps. The updated maps and recommendations have been posted on the Planning Department web page at http://www.cityofportsmouth.com/planportsmouth/bicycle-pedestrian-plan. Infrastructure Projects The BPP recommends that, wherever possible, bicycle and pedestrian infrastructure improvements should be incorporated into existing roadway construction and maintenance projects. In other cases the infrastructure improvements will be pursued as standalone projects. In one way or another, most of the infrastructure improvements identified in the BPP will be added to the City’s Capital Improvement Plan (either as a standalone project or as part of a larger roadway project). Exceptions would include road striping (e.g. bike lanes and crosswalks) that can be done as part of regular road maintenance and/or small investments such as bike racks. The summary of projects below is organized as follows: 1. Projects Completed Since Plan Adoption 2. Projects Under Construction 3. Projects Designed and Waiting Construction 4. Projects in Design 5. Projects Identified in the Capital Improvement Plan The project number corresponding to the Bicycle and Pedestrian Plan (BPP) project list is listed in parentheses next to each project. Combined, these projects represent approximately 18% of the recommended projects from the original bike ped plan – 4% completed, 4% under construction, 4% in design,

http://www.cityofportsmouth.com/planportsmouth/bicycle-pedestrian-plan

Bicycle and Pedestrian Plan Update Page 2 August 2018

and 6% in the CIP for future years. At present pace, the City is on a path to have 20% of the recommended bike ped plan projects implemented within 10 years of plan completion and many more on their way to completion by that point. 1. Projects Completed Since Plan Adoption

Sagamore Ave Complete Street Phase 1 (#12) From South St to Little Harbor Rd, added bike lanes, widened and reconstructed sidewalks, updated traffic signal at South St intersection, added street trees and consistent landscaping strip, installed pedestrian activated signal, crosswalk and new pocket park at Little Harbor Rd. Lafayette Rd Sidewalks to High School (#17) Extended and widened sidewalk on one side on Lafayette Rd from South Street to Andrew Jarvis Drive to improve pedestrian connections high school. Submarine Way (to Albacore) (#27) Add bike lanes and sidewalk to Albacore Park, upgrade signals at Market St and Route 1 Bypass. This project was completed by NHDOT as part of the Sarah Mildred Long Bridge project. Market St Gateway Phase 1 (#31) From Sarah Long Bridge to Kearsarge Way, added on-road bike lanes on both sides and multi-use path on river side, added bus stop turnouts. [NOTE: Final road striping will be completed in the fall of 2018]. Islington St Sidewalk (#113) Add new sidewalk from Rutland St to Plains Ave. South Street Pedestrian Safety (#72) Added pedestrian activated signal at crosswalk to Little Harbor School, Clough Drive. Sarah Mildred Long Bridge bike lanes (#83) Add bike lanes to new bridge. NHDOT and MaineDOT project.

2. Under Construction Middle St / Lafayette Rd Bike Lanes (#14A, #16 and #17) Buffered and protected bike lanes, shared lanes, and related pedestrian crossing and intersection safety improvements between Andrew Jarvis Dr and State St. Outer Maplewood Ave Road Rehabilitation (#24) Add bike lanes, improve sidewalks and streetscape as part of roadway improvement and utility replacement project. Woodbury Ave Intersection Improvements (#60) Bring crosswalks into ADA-compliance and update pedestrian signals as part of traffic signal replacement project.


Pleasant St Reconstruction (#71 and #216) Sidewalk reconstruction as part of roadway improvements to update utilities and correct drainage issues. Multi-use Path between Islington St and Borthwick Ave (#76) Multi-use path for bike and pedestrian use only with connection to future Hampton Branch Rail Trail to be constructed as part of Borthwick Forest development project. Stark St Bridge Sidewalk Reconstruction (#126) Add sidewalks to both sides of Stark St Bridge. NHDOT project.

3. Designed and Waiting Construction

Russell St / Deer St Bicycle and Pedestrian Improvements (#69) Shared lane markings, bike lanes, widened sidewalks, enhanced pedestrian crossings, traffic calming measures to be implemented as part of the North End Development (Harborcorp) project.

4. In Design

Peverly Hill Road Complete Street (#10) Provide a shared-use (bicycle and pedestrian) path on the south side of the roadway, and a sidewalk along the north side of the road along with drainage improvements. Maplewood Ave Downtown Complete Street (#23 and #79) Add bike lanes, widen sidewalks, improve streetscape. Woodbury Ave / Franklin Dr Improvements (#63 and #64) Traffic calming measures including median islands for pedestrian crossings, improved bike lanes, updating of signage. Edmond Ave Bike / Ped Connector (#66) Share bike / pedestrian lanes to be added as part of road re-pavement and re-striping project. North Mill Pond Multi-Use Path (#81) Construct shared-use path along south bank of North Mill Pond between Bartlett St and Maplewood Ave. Islington Street Streetscape Improvements (#110) Pedestrian safety improvements, sidewalk widening and reconstruction, improved streetscaping, and pedestrian scale lighting as part of roadway reconstruction project. Longmeadow Rd / Lang Rd Sidewalks (#135) Extend sidewalks from Lang Rd to Lafayette Rd as part of Longmeadow Rd extension project.

5. Capital Improvement Plan

Bicycle and pedestrian projects that have been included in the CIP since the Bike Ped Plan was adopted are listed below. These projects are in varying stages of


planning, design, and construction. For more information about the status of specific projects, please visit the Department of Public Works city-side projects web page -- https://www.cityofportsmouth.com/publicworks/projects. • Hampton Branch Rail Trail (#1 and #82) • US Route 1 Side Path (#7) • US Route 1 Crosswalks and Signals (#7) • Elwyn Park Sidewalks (#8) • Elwyn Rd Side Path (#11) • Sagamore Ave Sidewalks and Bike Lanes (#12) • Market Street Gateway Corridor, Phase 2 (#31) • Spinney Road Sidewalk (#45) • Cate Street Connector (#49) • South St (#72) • Junkins Ave (#73) • Banfield Road (#77)

Non-Infrastructure Projects Noninfrastructure recommendations in the BPP are the responsibility of individual City departments and any associated costs should be considered as part of the annual budgeting process.

• Continuing with Safe Routes to School Program Coordination • Installed On-Street Bike Parking • Implemented Bike Share Program • Achieved Bike Friendly Community Designation (Bronze Level) • Continue to offer Bicycle Safety Training and Maintenance for Adults (via

CommuteSmart Seacoast, SABR, and She Rides Seacoast) • Continue to offer Bicycle Safety Training for Kids (Little Harbor School) • Continue to promote Commuter Choice Program (CommuteSmart Seacoast) • Updated City Ordinances on Bicycles • Added Bicycle Parking Requirements and Shared Parking Provisions to Zoning

Ordinance • Continue to use the BPP in capital projects and private development reviews • Completed a city-wide sidewalk condition review • Collected annual bicycle and pedestrian counts • Developed Neighborhood Traffic Calming Program

https://www.cityofportsmouth.com/publicworks/projects


Page 1

MEMORANDUM

TO: JOHN P. BOHENKO, CITY MANAGER FROM: JULIET T.H. WALKER, PLANNING DIRECTOR SUBJECT: PATH TO SILVER BICYCLE FRIENDLY COMMUNITY STATUS DATE: 8/28/2018 The City was designated a Bicycle Friendly Community – Bronze Level in 2015. This designation is good until 2019. We will be required to re-apply in 2019 in order to keep our BFC designation or to move up to the next ranking level. There are two application cycles each year, one in the spring and one in the fall. We will plan to submit our renewal application in the spring of 2019. There are 5 ranks – Honorable Mention, Bronze, Silver, Gold, and Platinum. Path to Silver Bicycle Designation When we received our Bronze Level designation, we received a “report card” that outlined what we would need to achieve if we wanted to receive Silver Level designation. This report card is attached for your reference. Provided below is a summary of the progress made to date toward the items identified in the report card. 1. Appoint an official Bicycle Advisory Committee (BAC) to create a systematic method for ongoing citizen input into the development of important policies, plans and projects. The City does not have a City-appointed bicycle advisory committee, but two local groups provide a mechanism for providing ongoing citizen input to the City leadership on bicycle and pedestrian objectives. Walk Bike Portsmouth, a committee of PS21, is working on promoting city-wide infrastructure improvements for walking and biking and has also hosted educational events for the general public. SABR (Seacoast Area Bike Riders) continues to advocate and educate for increasing the bikability of the seacoast region. 2. Implement new bike plan: Please see the related memo providing an update of the Bike Ped Plan implementation. 3. Continue to expand the on and off street bike network, especially along arterials, through the use of different types of bicycle facilities. On roads where automobile speeds exceed 35 mph, it is recommended to provide protected bicycle infrastructure. Since the Bicycle Pedestrian Plan was completed, approximately 2.03 miles of bike improvements have been added, 3.6 miles have been designed and are waiting construction, 4.02 miles are in design, and 1 mile is under construction.

4. It is essential to make both motorists and cyclists aware of their rights and responsibilities on the road. Continue to expand your public education campaign promoting the share the road message. The City’s Planning Department continues to work with area schools to coordinate safe routes to school activities. In addition, SABR is taking the lead on education and awareness-raising around bike safety. 5. Encourage local businesses to provide discounts for customers arriving by bicycle or promote existing bicycle discount programs. A number of local businesses are enrolled in the national Bicycle Benefits program, which provides discounts to patrons who bike to their establishment. 6. Ensure that police officers are initially and repeatedly educated on traffic laws as it applies to bicyclists and motorists. Ask police officers to target both motorist and cyclist infractions to ensure that laws are being followed by all road users. Ensure that bicycle/motor vehicle crashes are investigated thoroughly and that citations are given fairly. This requires ongoing coordination with Police Department to increase enforcement efforts and promote education.

» Appoint an official Bicycle Advisory Committee (BAC) to create a systematic method for ongoing citizen input into the development of important policies, plans, and projects.

» Implement the new bike plan.

» Continue to expand the on and off street bike network, especially along arterials, through the use of different types of bicycle facilities. On roads where automobile speeds exceed 35 mph, it is recommended to provide protected bicycle infrastructure.

» It is essential to make both motorists and cyclists aware of their rights and responsibilities on the road. Continue to expand your public education campaign promoting the share the road message.

» Encourage local businesses to provide discounts for customers arriving by bicycle or promote existing bicycle discount programs.

» Ensure that police officers are initially and repeatedly educated on traffic law as it applies to bicyclists and motorists. Ask police officers to target both motorist and cyclist infractions to ensure that laws are being followed by all road users. Ensure that bicycle/motor vehicle crashes are investigated thoroughly and that citations are given fairly.

poRtsMouth, nh

5

11

soMe

60

Good

Yes

no

Good

Yes

10,616

10 Building Blocks of a Bicycle friendly community PortsmouthAverage Silver

Arterial Streets with Bike Lanes

Total Bicycle Network Mileage to Total Road Network Mileage

Public Education Outreach

% of Schools Offering Bicycling Education

Bike Month and Bike to Work Events

Active Bicycle Advocacy Group

Active Bicycle Advisory Committee

Bicycle–Friendly Laws & Ordinances

Bike Plan is Current and is Being Implemented

Bike Program Staff to Population

45%

30%

GOOD

43%

GOOD

YES

YES

SOME

YES

PER 70k

LeaRn MoRe » www.bikeLeaGue.oRG/coMMunities suppoRted bY

Spring 2015

3/10

3/10

3/10

2/10

3/10

category scoresenGineeRinGBicycle network and connectivity

educationMotorist awareness and bicycling skills

encouRaGeMentMainstreaming bicycling culture

enfoRceMentPromoting safety and protecting bicyclists' rights

evaLuation & pLanninGSetting targets and having a plan

key outcomesRideRshipPercentage of daily bicyclists

safetY MeasuRescRashesCrashes per 10k daily bicyclists

safetY MeasuResfataLitiesFatalities per 10k daily bicyclists

key steps to silver

popuLation densitY

1,30021,233totaL popuLation

totaL aRea (sq. miles)

15.6

# of LocaL bicYcLe fRiendLY businesses 0# of LocaL bicYcLe fRiendLY univeRsities 0

Portsmouth

2.10

121

0

Average Silver

3.5%

180

1.4

Portsmouth Water Division Receives Public Communications Award from the New England Water Works Association The City of Portsmouth’s Water Division has been named a recipient of the New England Water Works Association’s (NEWWA) Public Communications Award; this award recognizes excellence in communications through comprehensive public outreach materials and programs. The Water Division provides various material to the public aimed to better highlight information on water efficiency, supply levels, quality and more. Most recently, the City updated the structure of its Annual Water Quality Report to consist of three comprehensive reports that each examine the water systems serving the Pease Tradeport, New Castle, and Portsmouth. According to Deputy Public Works Director Brian Goetz, consistent communication and monthly reporting have made a difference in keeping the community engaged in current water topics. “Our City’s water system has recently encountered many complex issues when it comes to water, between the introduction of new regulations, emerging insight on PFAS contaminants and two periods of drought, to name a few. Our entire water operations and communications team have been working hard to create more tailored reports and announcements to inform our customers and the public. Being recognized for these efforts by our peers is gratifying.” This award follows NEWWA’s prior recognition of Brian Goetz when he was a recipient of the 2017 Award of Merit. “The ongoing recognition by NEWWA confirms how fortunate we are to have such a knowledgeable staff within our Public Works Department and Water Division,” said City Manager John Bohenko. “It is their expertise that allows for successful water management during challenging circumstances. I am happy to see their passion in connecting with our citizens reflected in this award.” For more information on the Portsmouth Water Division, please visit https://www.cityofportsmouth.com/publicworks/water.

https://www.cityofportsmouth.com/publicworks/water

Portsmouth Public Works’ Intern Program Continues to Improve Data Planning The City of Portsmouth’s Department of Public Works have again employed the services of two University of New Hampshire graduates who interned in their Geographic Information System (GIS) department this year. Working under the guidance of the City’s GIS Coordinator, Jamie McCarty, Evan Silwa and Thomas Nethercott used global positioning equipment, cameras and own observations to inspect the City’s water infrastructure and compile data for other City initiatives. The focus of this intern team this summer included verifying and updating information for the City’s stormwater system, created an inventory of double utility poles, in addition to collecting information on private water lines through GIS and site plans in order to build a more comprehensive water system map book. They also collected monthly data for monitoring wells in Greenland, Madbury and Portsmouth, and helped manage handling easement information and homeowner outreach for specific construction projects. Their research has helped the City complete these special projects in-house and has been beneficial in supporting and prioritizing future City projects and needs. Coming into this program, Silwa studied Civil Engineering with a focus on water resources and architecture. Nethercrott studied Geography with a focus in geotechniques. Through their work in the GIS department, they have received unique insight in both of their fields of study as they transition into the professional workforce. The Public Works team has now hosted interns to work on various City initiatives for over five years. According to Jamie McCarty, their work is extremely beneficial in future planning for the City. “While this program offers beneficial experience for these graduates, we are equally fortunate for their dedication and hard work. Their research and reporting results in significant work that contributes to our GIS inventories and ongoing operational and capital project management.”

Portsmouth Electric Vehicle Show

Get a test drive in an Electric Vehicle!

Sunday September 9th, 12-4pm Portsmouth City Hall (Lower lot), 1 Junkins Avenue, Portsmouth

Interested in reducing your carbon footprint?

Have you been curious about the new electric vehicles? How do you get them charged? How far do they go? What will they

cost to buy and run? Wondering about all the questions surrounding this future change in transportation? If these are

questions on your mind, The Portsmouth Electric Vehicle Show may have your answers. Come and see the latest electric

vehicles (EVs), take some test rides and talk to owners about their experiences buying and owning EVs.

FREE AND OPEN TO THE PUBLIC All plug in EV drivers are welcome and encouraged to display their cars.

For more information www.driveelectric.org or email [email protected]

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