FRIDAY UPDATES

Thursday, July 3, 2008

 

 

Flagpole dedication ceremony at the Durham Fire Department

Photo courtesy Mark Rubinstein

 

 

On Monday, June 30, 2008, a brief ceremony was held at the Durham Fire Department to dedicate a new flag pole donated to the Town of Durham and University of New Hampshire by the Durham Professional Firefighters Association. The flagpole is beautiful and looks like it has always been in this location. A “thank you” is extended to the DPFFA.

 

Town Offices Closed for Independence Day

A final reminder that the Town Offices will be closed in observance of the July 4^th holiday on Friday, July 4, 2008. All offices will reopen for regular business hours on Monday, July 7, 2008 at 8:00 AM. There will be NO commercial recycling collection on that day.

 

JULY FOURTH CELEBRATION

A final reminder that the Durham-Great Bay Rotary Club and the Town of Durham will be sponsoring a gala Independence Day celebration with fireworks on Friday, July 4^th with a rain date of Saturday, July 5^th to be held at Cowell Stadium on the UNH campus. Activities will begin at 6:30 PM. In addition to music, activities are also planned for children. The food court will also be open and serve great food throughout the fireworks display. Donations will be accepted at the gate. Fireworks will begin at dusk (9:00-9:15 PM). UNH provides this venue at no cost to the community.

 

Personnel Practices at Durham Police Department

The rights of public employees, past and present, are protected by New Hampshire state law.  The Durham Police Department has a system in place that is vigilant in ensuring our officers are the very best they can be.  It is designed to address personnel matters swiftly and objectively, when and if they come to light.  This system has performed as designed and to the Administrator's satisfaction as Durham's hiring authority through to the present time.  No Durham officers have been engaged in improper activities involving the general public, nor have any officers been engaged in improper sexual activities within the department.  Rumors to the contrary are without merit. 

 

Stone Quarry Drive TIF Development Agreement Negotiations Update

Administrator Selig and Rockingham Properties have been going back and forth regarding the Stone Quarry Drive TIF development agreement since the Council's last meeting on June 16th when the Administrator was asked to continue negotiations with the owner to gain more favorable terms on behalf of the Town.  To date, discussions have revolved around:

 

1.  A provision in which the owner agrees and binds successors and assigns that the assessed value of each of the 15 raw lots in the subdivision will be valued at a minimum of $150,000 for the duration of the development agreement. 

 

2.  A $450,000 +/- surety bond instead of the 4 lots in escrow contained in Section 1.4 of the Agreement.  To date, the owner has been unwilling to move beyond this position.

 

3.  An agreement to commence construction of the interior water/sewer/wastewater and road within 60 days of completing the bid process for Route 108 utilities. 

 

The Administrator and the owner's representative spoke last on Wednesday evening.  The owner has yet to respond definitively with his last/best offer.  At present this matter is scheduled to be discussed by the Council again at Monday evening but will likely only be addressed if a revised offer is received by the Town. 

 

TOWNS/UNIVERSITIES TEAM UP TO ADDRESS MUTUAL CHALLENGES

As the Town of Durham and the University of New Hampshire work to find ways for greater collaboration, residents may find an article from the May 2008 issue of Business Officer of interest entitled “Teaming Up for Smart Growth”.  The article touches upon ways in which colleges and communities around the country are teaming up as part of multipurpose capital projects intended to strengthen town-gown bonds.  To view the article, click on the following site: http://www.nacubo.org/x10547.xml

 

Stonemark Management Co., Inc. v. Town of Durham

The Town has received Judge Fauver’s decision in the Stonemark Management Co., Inc. v. Town of Durham case relating to the Planning Board approved age-restricted development at 99 Madbury Road.  The Superior Court affirmed the Zoning Board of Adjustment on both issues that were in contention – the issue of the lots not being “contiguous” and the issue of the elderly bonus applying to only 80% of the units. Attorney Waugh, who represented the Town in this case, advises that should the Planning Board or Town Council desire to bring about the result the Planning Board originally decided in this case, the way to accomplish that would be to amend the ordinance.  In addition, it is our understanding that Stonemark has decided NOT to appeal the Judge’s order.  If there is no appeal, the project, as approved by the Planning Board, will no longer be viable and the planning appeal will become moot.  Any future effort to revive the old approval by redesigning consistent with the ZBA’s order, or to otherwise develop the land, will require a return to the Planning Board and a new series of applications and hearings.

 

Draft Option Agreement for Town Office Site

The Town has received a draft option agreement from Scott Mitchell of Tropic Star Development relative to the purchase of the Town Office site.  Mr. Mitchell also owns the Irving Station next to the Town office. The proposed price is $2 million.  A copy of the draft document has been forwarded along to members of the Town Council and Economic Development Committee for their initial review.  The Administrator plans to speak further with Mr. Mitchell concerning the terms of this draft document in the near future.  In addition, an appraisal is now being performed by the Town for the parcel.

 

Kaisen Update

At the Administrator’s request, in March of this year resident and former Toyota executive Jerry Gottsacker who is versed in Total Quality Management practices, met with the Administrator and Business Manager to discuss the possibility of working with the Town to introduce department heads to the practice of Kaizen (a million incremental ideas) designed to enhance efficiencies within the workings of an organization.  Since that time, Mr. Gottsacker has spent time working with the various Town departments to develop illustrative examples of ways in which the Town might consider implementing total quality management initiatives utilized in the private sector. In addition, Mr. Gottsacker has also met with members of the Economic Development Committee discuss this initiative further.  Mr. Gottsacker will attend Monday evening’s Council meeting to provide a brief update to Councilors regarding his efforts to date.

 

Proposed Amendment to Signs and Utility Structure Section of Zoning Ordinance, Sections 175-126 to 175-137

One of the goals of the zoning rewrite was to amend the Signs and Utility Structures section of the Zoning Ordinance.  The Planning Board hired a consultant to help finish the process.  Steve Whitman, from Jeffrey Taylor & Associates was the consultant.  The Planning Board was given the first working draft on March 16, 2007. Over the next several months the Planning Board reviewed the amendments and submitted comments back to the consultant.  The amendments were given back to the Planning Board for review on September 11, 2007. Once again the amendments were discussed by the Planning Board and more comments were sent back to the consultant.  Another draft was received in October 2007 and then again in November 2007 after discussions by the Planning Board.  The Planning Board finished its review and the result was the final version dated November 8, 2007. At their April 9, 2008 meeting, the Planning Board set a public hearing date for April 23, 2008. The Planning Board held public hearings on the amendments at their April 23, 2008 meeting and May 14, 2008. The public hearings were opened and closed with no public comments for or against the amendments.  After closing the public hearing the Planning Board unanimously recommended that the Town Council adopt the amendment.  On Monday, June 16, 2008, the Town Council moved the ordinance on First Reading as presented and scheduled a Public Hearing for Monday, July 7, 2008.  Residents/property owners interested in this topic should plan to attend Monday's planned public hearing.  In addition, copies of these changes were forwarded to the Durham Business Association and the Durham Landlords Association to give members an opportunity to become familiar with the changes proposed so that concerns/suggestions could be aired during the planned public hearing.

 

Amending Chapter 175 “Zoning”, Article XXI, “Off-Street Parking and Loading”, Sections 175-110 to 175-117 of the Durham Town Code

Another goal of the zoning rewrite was to amend the Parking and Loading section of the Zoning Ordinance.  The Planning Board hired a consultant to help finish the process.  Steve Whitman, from Jeffrey Taylor & Associates was the consultant.  The Planning Board was given the first working draft on March 15, 2007.  Over the next several months the Planning Board reviewed the amendments and submitted comments back to the consultant.  The amendments were given back to the Planning Board for review in September 2007.  Once again the amendments were discussed by the Planning Board and more comments were sent back to the consultant.  In March of 2008 the Planning Board once again received an updated version of the amendments from the consultant.  The Planning Board finished its review and the result was the final version dated March 20, 2008.  At their April 9, 2008 meeting, the Planning Board set a public hearing date for April 23, 2008. The Planning Board held public hearings on the amendments at their April 23, 2008 meeting and May 14, 2008.  The public hearings were opened and closed with no public comments for or against the amendments.  After closing the public hearing the Planning Board unanimously recommended that the Town Council adopt the amendment.   On Monday, June 16, 2008, the Town Council moved the ordinance on First Reading as presented. A Public Hearing was scheduled for Monday, July 7, 2008.  In addition, copies of these changes were forwarded to the Durham Business Association and the Durham Landlords Association to give members an opportunity to become familiar with the changes proposed so that concerns/suggestions could be aired during the planned public hearing.

 

Wiswall Bridge Update

Representatives from the Department of Public Works will provide the Council with an update relative to the design process for replacement of the Wiswall Bridge.  Since the last Wiswall Bridge update was presented to the Town Council on February 18, 2008, CLD Engineers, the engineering design firm working for the Town, has developed the basic no-frills bridge design concept as requested by the Council to include the following:

 

• Single lane-single span bridge
• Reduced length u-back wingwall abutments
• A basic 2-bar aluminum bridge railing

 

The proposed basic bridge design does NOT include:

 

• Pedestrian sidewalk
• Stone facade 

 

CLD has expended significant resources to coordinate and provide design options for unanticipated historical, cultural, and environmental resource issues.  At present, a number of issues remain pertaining to satisfying historic conditions at the site.  A cost table had been provided to the Town Council on February 18, 2008 with a high price of $2,738,800.  Since that time, CLD revisited the u-back design and developed a reduced length u-back wingwalls concept with estimated costs that are more in line with the flared wingwall options.  The estimated construction cost for the basic no-frills bridge design described above is approximately $1,956,400 excluding other costs such as engineering and historic mitigation.  The additional items requested by the New Hampshire Department o Historic Resources (NHDHR) including tinted concrete ($8,000) and black railing ($35,300) would add approximately $43,300 to the project cost.  FEMA has indicated that the non-bridge related, but required historic mitigation (i.e. and interpretive display at the Wiswall Historic Mill Park) could add as much as $30,000 to the project.  A breakdown of the project costs associated with the basic no-frills bridge design plus the additional items requested by NHDHR is as follows:

 

Basic Bridge                                                   $1,956,400

                       Tinted Concrete                                   $       8,000

Black Railings                                                 $     35,300

                       Historic Mitigation                                 $     30,000

                       Design Engineering                             $   172,530

                       Construction Engineering (10%)         $   196,500

                       TOTAL                                                 $2,398,730

 

 A breakdown of cost sharing arrangement is as follows:

 

                       Federal (FEMA)                                    $   524,000

                       State (Bridge Aid)                                 $1,499,784

                       Town                                                    $   374,946

                       TOTAL                                                 $2,398,730

 

A total sum of $2,388,200 is budged for this project as part of the 2008 Capital Budget.

 

Council-Initiated Ordinance Amending Chapter 175 “Zoning”, Section 175-32, Zoning Map, of the Durham Town Code to Extend the MUDOR District Into the RB District to Include Land North of Route 4 and East of Madbury Road

At the Town Council meeting of May 5, 2008, the Town Council forwarded a proposed amendment to the Durham Planning Board for its review and recommendation to extend the MUDOR District to include land north of Route 4 and east of Madbury Road. The Planning Board discussed the amendments at its May 28, 2008 meeting and set a public hearing date for June 18, 2008.  There was no one in attendance to speak in favor of the amendment to extend the MUDOR district.  There were many people who spoke in opposition to the amendment.  After deliberating on the amendment the Planning Board recommended that the Town Council not amend the Zoning Map to extend the MUDOR district and to have further investigation done by the Zoning Rewrite Committee and perhaps procuring professional services to help accomplish the investigation.  Subsequent to the Planning Board's hearing, the Town received a protest petition from owners of more than 20 percent of the area of the lots included in the change in accordance with Section 175-14(G) of the Zoning Ordinance.  Consequently, any such amendment developed pursuant to this subsection of the Zoning Ordinance shall not become effective except by the favorable vote of two-thirds (2/3) of all Council members present at its second reading.  The Council will discuss this matter further on Monday, July 7th.

 

Council-Initiated Ordinance Amending Chapter 175 “Zoning”, Section 175-32, Zoning Map, of the Durham Town Code to Expand the Central Business (CB) District Into the Church Hill (CH) District to Smith Park Lane

At the Town Council meeting of May 5, 2008, the Town Council forwarded an amendment that would extend the Central Business district up Church Hill to Smith Park Lane to the Durham Planning Board for its review and recommendation.  The Planning Board discussed the amendments at its May 28, 2008 meeting and set a public hearing date for June 18, 2008.  There was no one in attendance to speak in favor of the amendment to extend the Central Business District into the Church Hill District.  There were several people who spoke against the amendment.  After deliberating on the amendment the Planning Board recommended that the Town Council not amend the Zoning Map to expand the Central Business District up Church Hill and to have further investigation done by the Zoning Rewrite Committee and perhaps procuring professional services to help accomplish the investigation.  The Council will discuss this matter further on Monday, July 7th.

 

Council-Initiated Ordinance Amending Chapter 175 “Zoning”, Section 175-32, Zoning Map, of the Durham Town Code to Expand the ORLI District Into the RB District to include the remaining land of Sprucewood to the Lee Town Line

At the Town Council meeting of May 5, 2008, the Town Council forwarded a proposed amendment extending the ORLI District to include the remaining land of Sprucewood to the Lee Town Line to the Durham Planning Board for its review and recommendation.  The Planning Board discussed the amendments at its May 28, 2008 meeting and set a public hearing date for June 18, 2008.  There were three people who spoke in favor of extending the ORLI District into the RB District to include the remaining land of Sprucewood to the Lee Town Line.  There were many people in attendance who spoke in opposition to the amendment.  After deliberating on the amendment the Planning Board recommended that the Town Council amend the Zoning Map to extend the ORLI District into the RB District to include the remaining land of Sprucewood to the Lee Town Line.  The Council will discuss this matter further on Monday evening, July 7th. 

 

West End Sewer Rehabilitation Engineering Contract

The 2007 Capital Fund Budget includes an appropriation of $96,000 for engineering investigation/design services for the wastewater collection system, west of the railroad tracks.  This engineering will define the exact problem and design components to eliminate a deficiency (bottleneck) in the existing collection system, which runs from Main St (Old Concord Road), along side the Field House Grandstands and parallel to the track/football field. The deficient collection pipe then continues near the abandoned baseball diamond and under the Railroad tracks. The current piping is a mix of 18”, 15” and 12” diameter pipes in the Goss International/Mast Road, (155A) corridor. The bottleneck reduces the piping in the area mentioned above to 8” in diameter, which reduces the collection system capacity in this area by 35% thereby impacting potential development on the west end of town. The Town of Durham’s Administrative Code requires that the process for obtaining professional services include receiving proposals from various interested state qualified engineering firms and evaluating those proposals and the anticipated quality of services rendered. The State of New Hampshire revolving loan fund and state aid programs also require the same selection process. On April 11, 2008 Public Works advertised a request for qualifications in the local newspaper and sent 12 invitations to state approved engineering firms requesting letters of interest and qualification statements. Hoyle Tanner & Associates (HTA) received an outstanding rating compared to good ratings for the three other top ranked engineering firms. Hoyle Tanner engineers walked the project, and investigated not only the problem area but also most of the west end collection system. HTA presented Public Works Officials with a very detailed plan of what they would do and how they would accomplish those tasks. The scope of services, which Hoyle Tanner Associates will perform in this contract includes preliminary and final field investigations, including closed circuit television assessment, complete design, including construction drawings/specifications, and state/federal permitting/grant opportunities. The Administrator concurs with the staff at the Department of Public Works regarding the strong qualifications of HTA for this scope of work and recommends to the Town Council that it award an engineering contract to Hoyle Tanner & Associates of Manchester, NH for a lump sum not to exceed $54,997.98.

 

WOODRIDGE SKATEBOARD PARK UPDATE

Public Works continued to work at the new skateboard park at the Woodridge recreational area. For those not familiar with the project, the Town has worked 10+ years on this park to provide a safe environment for our young skateboarders. A subcommittee chose to locate the new skateboard park at Woodridge recreational area on Fogg Drive. The skateboard park will be a basic design with six different “street elements” geared toward elementary and middle school aged children. In skateboarder terms, a street element is a common item that is found in park areas such as: railings, benches, and stairways. At the Woodridge recreational area the new skateboard park will be where the basketball court is located. The basketball court will be made smaller, but will still include two baskets. The new recreational activities at Woodridge recreational facility will not eliminate parking spaces. For more information, please contact Public Works Director Mike Lynch at 868-5578.

 

GREAT BAY – WATER QUALITY IMPAIRMENTS

Town Engineer Dave Cedarholm, Dan Peterson the Wastewater Superintendent, and Administrator Selig attended a meeting with Phil Trowbridge and Ted Diers of NHDES at the Durham Town Hall along with officials from Exeter and Newmarket on Wednesday July 2^nd about the water quality impairments in the Great Bay and its tributaries and the apparent decline of eelgrass beds in the Great Bay Estuary.  Mr. Trowbridge gave a presentation on a variety of studies from 1949 to 2005 that show a decline of eelgrass habitat in the Great Bay, and the complete disappearance of eelgrass in the tidal portions of the Oyster, Lamprey, Squamscott, and Winnicut Rivers.  These rivers are all listed on the State’s 303(d) impaired waterways list, which refers to Section 303 of the Federal Clean Water Act.  Pressure has been placed on NHDES by the Conservation Law Foundation to hold communities responsible for correcting 303(d) listed impairments and in response NHDES is looking to establish a methodology to assess the role that nutrients, specifically nitrogen, from the municipal wastewater treatment plants and stormwater discharges have on the eelgrass habitats in the Great Bay Estuary.  It is unclear as to how this initiative will impact the operations at Durham’s Wastewater Treatment Plant or the management of the stormwater system. While the NHDES staff members indicated that increased regulations are anticipated, representatives from Durham and other affected communities raised many questions and concerns about methodology, future Federal/state funding support, and the impact of nonpollutant source (non Wastewater Treatment Plant) discharge accounting for 66%-80% of the nitrogen discharge into the estuary.

 

PUBLIC MEETING SCHEDULE

The following public meetings are scheduled for the coming week in the Town Council chambers at the Durham Town Office and will begin at 7:00 PM unless otherwise indicated below.

 

Zoning Board of Adjustment – Tuesday, July 8, 2008

Planning Board – Wednesday, July 9, 2008

Conservation Commission – Thursday, July 10, 2008

Economic Development Committee – Friday, July 11, 2008 (7:30 AM)

 

To view an agenda for the meetings listed above, please click HERE.  All meetings recorded on DCAT are available on DVD at the Durham Public Library for checkout and viewing.

 

VACANCIES ON TOWN BOARDS, COMMISSIONS, AND COMMITTEES

There are still a number of vacancies remaining to be filled on various Town boards, commissions, and committees. Residents interested in being appointed to any of the boards, commissions, or committees listed below may obtain an application form by clicking HERE.  Applications are also available at the Town Clerk-Tax Collector’s Office. Completed applications may be submitted via email to jberry@ci.durham.nh.us, or mailed to Jennie Berry, Town of Durham, 15 Newmarket Road. To view the charges/responsibilities for the various Town boards, commissions, and committees, click HERE.

 

Historic District Commission - (1 vacancy)

Planning Board – (1 alternate member vacancy)

Zoning Board of Adjustment - (1 alternate member vacancy)

Durham Cable Access Television (DCAT) Governance Committee - (2 vacancies)

Integrated Waste Management Advisory Committee - (1 vacancy)

Strafford Regional Planning Commission (MPO Policy) - (2 vacancies)

 

2-1-1 -- The New Statewide Help Line Begins Operation

New Hampshire residents needing a variety of human services or financial assistance can get referrals for help by calling 2-1-1, the new statewide help line. The state 2-1-1 operation is a cooperative project of New Hampshire’s 10 United Way organizations and Public Service Company of New Hampshire (PSNH). It operates out of PSNH’s Manchester call center, with information specialists trained and paid by the United Ways. The service replaces five regional information and referral hotlines operated by United Ways. In addition to the United Ways and PSNH, 2-1-1 is sponsored by the State of New Hampshire, Citizens Bank Foundation, N.H. Charitable Foundation and Exeter Hospital. Forty-four other states operate 2-1-1 systems.

 

HIGH TEMPERATURES CAUSE RECORD JUNE POWER DEMAND

The temperature came close to 100 degrees on June 9 and 10, 2008.  The mini-heat wave created demand for electric power in the region that broke the record for June. ISO-New England, the regional power grid operator, has announced that demand reached 26,149 megawatts (MW) on June 10th, topping the previous record for June of 26,055 MW set in 2006. The all-time record demand for the region was 28,130 MW, set on August 2nd, 2006. Grid officials are predicting peak demand of 28,000 MW for the summer and they say the system has sufficient capacity to meet that demand.

 

THE FARMERS MARKET

A reminder that the Durham Farmers Market is underway for the summer and will continue through October 6, 2008. The market will be in the Pettee Brook parking lot every Monday from 2:30 to 5:30 PM. There will be several farmers selling vegetables and fruit, and residents will also find cut flowers, plants, bread, and more.

 

DURHAM DAY 2008

Durham Day 2008 has been set for Sunday, September 14, 2008 from 12:30-4:30 PM at Wagon Hill Farm. Residents interested in assisting with this annual event should contact Durham Day Coordinator, Nicole Moore, at 868-6775 or e-mail durhamday3@yahoo.com.

 

UNH BEGINS MUB SUMMER SERIES

The University of New Hampshire will begin its MUB Summer Series events each Tuesday and Wednesday throughout the summer. This is free and open to all Durham residents, On Tuesday, July 8, 2008, beginning at 7:00 PM the movie “National Treasurer: Book of Secrets” will be showing in Theaters I and II at the MUB.  On Wednesday, July 9, 2008, beginning at 3:00 PM, musician Jason Levasseur will be performing in Theater II. Movies are co-sponsored by the MUB, Durham Business Association, and Durham: It’s Where U Live. For more information regarding other summer events, please contact Dave at 862-1586 or log on to: www.unhmub.com, or to view the summer series flyer www.unhmub.com/mub/unh_summer_2008.pdf

 

UPCOMING EVENTS AT THE MILL POND CENTER FOR THE ARTS

Sunday, July 6, 2008,  Octavio Brunetti & Bernardo Monk. Concert at 5:30 PM. Tickets: $18.00

Milonga with live music begins at 7:00 PM. Tickets: $20.00.  Tickets for both events: $35.00. Bring picnic basket and blanket.

Saturday, July 12, 2008, 12:30-3:30 PM. Nice and Naughty CD Release Party. No admission fee. Enjoy a casual picnic and barbecue on the grounds.

Tuesday, July 22, 2008, 6:30 PM. Theatre in the Meadow. The New England Shakespeare Festival presents “Much Adoe About Nothing”. Tickets:  Adults, $5.00; Children, $3.00; Children 5 and under, Free. Bring picnic basket and blanket.

 

For more information or to purchase tickets, call (603) 868-8999 or visit www.millpondcenter.org.

 

FROM HISTORY IN AN OYSTERSHELL – 1600 – 1976

“1790 – Voted against the proposal to dis-annexing the Towns of Dover, Durham, Somersworth, Madbury, and Lee from Strafford County, and annexing the same to Rockingham. These towns would be put to…difficulties of crossing ferries in windy seasons to attend court in Portsmouth.”

 

Have a fun and safe July 4^th weekend.

 

Todd

 

Todd I. Selig, Administrator
Town of Durham
15 Newmarket Road
Durham, New Hampshire 03824
Tel (603) 868-5571
Fax (603) 868-5572
tselig@ci.durham.nh.us
www.ci.durham.nh.us

 

The Town of Durham has developed a list server. The server provides interested individuals with updates and announcements concerning the community. Individuals interested in subscribing should send an email to Town_of_Durham@ci.durham.nh.us and type the word SUBSCRIBE in the subject line