“FRIDAY UPDATES”

November 14, 2008

 

 

Oyster River—looking downstream from Jackson’s Landing

Courtesy Cathy Leach

 

Today the Department of Public Works will complete the brush portion of its fall cleanup.  Next week crews will continue to pick up the rest of the leaves and finish cleanup for this season.  

 

 

Report on Durham $3.1 Million Bond Sale

The Town received six bids on our $3.1 million bond sale which was held on Wednesday at 11:30 AM--the low was 4.085259% from BMO Capital Markets of Chicago IL. 

 

Budget Work Session Update from 11/10/08 - Includes Spruce Hole Well Presentation Overview

The Town Council held a budget work session on this past Monday evening, 11/10/08.  The first portion of the meeting involved a presentation by Town Engineer David Cedarholm focusing on the FY 2009 CIP proposal to move ahead with the next step of developing the Spruce Hole Aquifer into a new municipal well.  The presentation would be very informative for those residents who have an interest in the topic.  The Council also asked many questions concerning the Proposed FY 2009 budget.  The Council budget work session from 11/10/08 runs on DCAT/Channel 22 at the following days/times: 

 

Sunday     -     11:30 AM

Monday    -     4:00 PM

Tuesday   -     4:00 PM

 

Public Hearing on Fiscal Year 2009 Proposed Budget - November 17, 2008

The Town Administrator's proposed FY 2009 Budget(s) and Capital Improvement Plan (CIP) are available for residents to review in hard copy at the Town Office or the Durham Public Library.  This year's budget is reflective of the prevailing recessionary economic climate and works to mitigate the financial hardships experienced by our residents. It proposes a drop in operational spending by approximately $100,000, makes strategic infrastructure investments to promote the broadening of the tax base in years to come, reduces personnel, foregoes wage increases for non-unionized salaried employees such as the Town Administrator and our department heads, and holds the projected 2008 local/municipal (non-school/non-county) tax rate of $7.03 flat for 2009. The budget also focuses on municipal fiscal stability during uncertain contracting economic times, particularly within financial markets that impact municipalities when borrowing or obtaining TANS/BANS.   A public hearing on the proposed budget is scheduled for Monday, November 17th, beginning at 7 p.m.  To view Administrator Selig's proposed FY 2009 budget on line, click HERE.

 

Street Vending/Peddling/Hawking/Solicitation Ordinance Amendment Proposal

Every so often, we receive a query from an itinerant vender or door-to-door salesperson who wants to do business here in Durham.  Years ago, Durham enacted two ordinances intended to address and generally discourage these practices, and in the more recent past, the Administrator had a standard permit application created for anyone interested in making such a request. 

 

There are several geographic locations that are not permitted for vending in the downtown area and the permit fee was set at $50 per day or $200 per week.  The rationale behind setting these high fee amounts was that the downtown businesses did not want an itinerant vender who does not pay Durham's high real estate taxes undercutting their sales.  Further, residents in Durham generally call the Police Department upset anytime someone goes door-to-door because many residents just do not want to be disturbed.  The downtown black-out areas and the high price for the permits has had the intended result -- few if any venders actually proceed through to the end of the permit process. 

 

In July of this year, a college student working for The Southwestern Company submitted a permit application to undertake door-to-door sales in Durham. The Police Department apprised her of the policy and the fee amounts required to obtain the permit. Subsequently, representatives from the Southwestern Company notified the Town on her behalf asserting that court cases dealing with interstate commerce preclude Durham's fee structure.  The Administrator posed this question to Town Attorney Mitchell Municipal Group, P.A. to determine whether Durham was on solid footing with its regulations regarding street vending, itinerant vending, door-to-door sales, hawking, peddling, etc., and to provide the Town with a good definition as to the distinction between each of these different classes of "itinerant vending”.

 

Attorney Laura Spector from the Mitchell Municipal Group responded to the inquiry in a letter dated July 21, 2008. Attorney Spector briefly outlined the differences between the State of New Hampshire’s definitions of “itinerant” vending, “hawking” and “peddling”. In addition, *she cited New Hampshire Supreme Court case of D’Antoni v. Commissioner, 153 N.H. 655 (2006), which states that license fees, in order to be considered fees rather than taxes, “must bear a rational relationship to and approximate the expense of issuing the license and inspecting and regulating the business licensed.” Any fee beyond that is considered a tax, which “must be levied proportionately upon all taxpayers.” Based on this decision, attorney Spector concluded that the fee charged for vending licenses in Durham exceeds the reasonable expense of processing that license, and therefore the fee would be deemed excessive under New Hampshire law.

 

Administrator Selig, Administrative Assistant Jennie Berry, Police Chief David Kurz, Assistant Police Chief Rene Kelley, and Lieutenant Sean Kelly met to discuss the Town’s current ordinance and permit fees relative to street vending, peddling, and soliciting. Taking into consideration Attorney Spector’s advice, the group decided that changing the current fees to reflect an initial $50 application fee and charging $25 weekly thereafter would appropriately approximate the expense of processing and overseeing the licenses/permits for these types of commercial activities.

 

On Monday evening, the Council will review draft Ordinance #2008-19 proposing to amend Chapter 124 “Street Vending, Peddling, and Soliciting”, Section 124-7 (D) regarding the permit fee imposed for street vending in Durham.  To view the draft ordinance, click HERE.

 

UNH Professor Writes First Book about Life in the American College Town

In the first book written about life in U.S. college towns, a UNH professor explores the distinctive character and culture of college communities.  Blake Gumprecht, associate professor of geography and chair of the department of geography, has published “The American College Town” (University of Massachusetts Press, 2008). In his new book, Gumprecht examines some of the most interesting aspects of college towns in the United States – their distinctive residential and commercial districts, their unconventional political cultures, their status as bohemian islands, and their emergence as high-tech centers.  According to Gumprecht, the American college town is a youthful place that is home to highly educated residents who are likely to hold white-collar jobs. It is affluent compared to neighboring towns, but has high living costs, especially for housing. It is a transient place where residents are more likely to rent, live in apartments and have roommates. It is cosmopolitan, unconventional, and offers a high quality of life.

 

The geography of the American college town includes the odd mix of fraternity rows, student housing, and faculty enclaves. Commercial districts are home to interesting mixes of business – coffee houses, bookstores, pizzerias, bike shops, music stores, copy shops, bars, and ethnic restaurants. College towns are more politically liberal and politically engaged than their neighbors where people with widely differing backgrounds coexist. College sports play prominent roles in their culture, especially on weekends, and many are hubs for high-tech research. And college towns are home to the inevitable “town vs. gown” clashes between student renters and homeowners. 

 

In researching the American college town, Gumprecht conducted more than 200 interviews, took 2,000 photographs and amassed enough material to fill three filing cabinets and a six-foot-long bookshelf. He visited numerous U.S. college towns, and several are explored in depth in the book. They include Norman, Oklahoma, Ithaca, New York; Manhattan, Kansas; Davis, California; Athens, Georgia; Auburn, Alabama; Ann Arbor, Michigan; and Newark, Delaware. 

 

Mailbox Vandalism

There were over 14 mailboxes damaged in the Woodridge area on Monday/Tuesday night into morning.  Unfortunately, during late night hours, the police are not able to proactively patrol the more quiet areas of Durham, instead focusing their resources in the downtown business district where activity is very high.   Although an officer has been assigned to contact all of those with damaged mailboxes, if you have not been contacted, please contact the Durham Police at 868-2324.  With police patrol resources severely limited, it is critical that residents proactively call the Durham Police with concerns, suspicious activity, and/or other issues so that the department will be alerted to these concerns and ensure an appropriate response.

Bicycle Safety Reminder

Many vehicle operators may wonder why bicyclists do not ride as far to the right as possible – after all, that would put them out of harm’s way, right? Not always. The far-right side of the road is where grit and other debris gather having been blown there by passing traffic. In addition there are often potholes, drainage grates, and other hazards.  As an example, the shoulder on both sides of Main Street between the UNH Field House and Route 155A is riddled with potholes and will not be repaved until next season.  New Hampshire law states that bicyclists are to stay as far right as they judge is safe, given the road conditions. In Durham, there are a number of bicyclists who ride throughout the year and leave several feet between them and parked cars to avoid being accidently “doored” by a driver who suddenly opens his/her door in the bicyclist’s path.  Both bicyclists and vehicle operators need to be cognizant of each other’s perceived actions and act proactively.

 

Speed limits to change

The Durham Traffic Safety Committee, in cooperation with the University of New Hampshire, requested that the State of New Hampshire Department of Transportation (NHDOT) authorize Durham to reduce the speed limit on a portion of the Old Concord Road roughly between the intersection of Route 155A and westerly to the Leavitt Road from 40 MPH to 35 MPH.  As a state roadway, Durham requires permission from the state to implement any changes. The logic behind this request was multiple:  1) There would be a more progressive speed reduction transition in the area; 2) There would be a smoother, more logical decrease as vehicles traveled into the core campus of UNH where the speed limit is 25 MPH and the change will also enable the University to utilize Neighborhood Electric Vehicles (NEV) on this section of roadway; and 3) There will be a recognition of the increased pedestrian, bicycle, and UNH transit stops along this corridor.  Durham received authorization this past week from Commissioner George Campbell and will begin making the necessary speed limit sign changes.

 

CHURCHILL RINK NEW SKATER NIGHT 

This Saturday, November 15, 2008 from 7:30 – 9:00 PM it will be New Skater Night at the Churchill Rink.  This event will be free of charge and geared towards skaters who feel less confident in their skating abilities.  Grab your skates and come to the rink!

 

Jackson's Landing

The base coat paving at Jackson's Landing has been completed and traffic markings have been installed.  The landscaping portion of the project will begin next week.  Signage will be erected over the next few days.  As a reminder, there is handicapped and boat trailer parking at the waterfront; however all other vehicles are to park in the new designated parking areas. 

 

Mill Pond Road Water Line

Paving and cleanup will continue for the next few days on Mill Pond Road after the installation of the new water line. 

 

Woodman Road Water Line

The replacement of the Woodman Road water line is progressing nicely.  If everything goes as planned, we anticipate the project completion prior to Thanksgiving. 

 

DURHAM ENERGY COMMITTEE PARTICIPATORY HEARING

On Wednesday, November 19, 2008 from 7:30-9:00 PM, the Durham Energy Committee will hold a participatory hearing, “Creating an Energy Vision for the Durham Master Plan”, facilitated by residents Walter Rous and Bill Schoonmaker. The hearing will be held in the Council chambers at the Durham Town Hall. Members of the public are encouraged to attend this hearing to share their ideas and visions. For more information, click HERE.

 

VOLUNTEERS NEEDED FOR JACKSON’S LANDING TRAIL PROJECT

On Saturday, November 15, 2008 (rain date: Saturday, November 22^nd), from 9:00 AM to 3:00 PM, members of the Durham Parks and Recreation Committee will be clearing, cleaning, and constructing a 1/4 –mile (1300 ft) walking trail at Jackson’s Landing. The Committee is seeking approximately 13-15 volunteers to assist with this project. Project tasks include minor grading, creating water bars, installing signage, landscaping/planting, and painting. Coffee will be provided. Please call Amy Cunningham at 868-1410 to sign up. Any time you have to give would be appreciated.

 

Annual Light Up Durham Celebration

The annual “Light Up Durham” celebration, sponsored by the Durham Business Association, the Town of Durham, Durham It’s Where U Live (DIWUL), the New England Center, Colonial Durham Associates, Ocean National Bank, Wings Your Way and Federal Savings Bank, will take place Thursday, Friday, and Saturday, December 4, 5, and 6, 2008. Throughout the weekend the public is invited to enjoy the Downtown Merchant/UNH sorority and fraternity holiday light competition. The schedule of events is as follows:

 

Thursday Events

            10:00 AM – 8:00 PM, Evergreen Crafts Fair at the UNH Memorial Union Building

 

Friday Events

            10:00 AM – 4:00 PM, Evergreen Crafts Fair at the UNH Memorial Union Building

            4:00 – 6:00 PM, Business Holiday Open House – Durham businesses

            4:30 – 6:00 PM, Wine and cheese party at the Three Chimneys Inn

            4:30 – 6:00 PM, Spaghetti dinner at Young’s Restaurant ($7/person; $5 under 12)

            4:30 – 5:30 PM, Huddleston Hall Events:  Visit with Mrs. Claus, Holiday Storytime, and Wayne from Maine

5:45 PM, Tree Lighting Ceremony with Santa and Mrs. Claus at the Main Street stage

            6:00 – 6:30 PM, Main Street entertainment at the Main Street stage

            6:45-7:00 PM, Bonfire and dessert at the Mill Plaza

 

Saturday Events

            8:00 – 10:30 AM, Pancake Breakfast at Durham House of Pizza and JP’s Eatery ($5/person, children under 3 FREE)

            10:00 AM - 3:00 PM, Fair Day in Durham at area churches

            1:30 PM – Shawn the Storyteller in MUB Theatre 2

2:00 PM – Holiday Movie, “The Polar Express”, in MUB Theatre 2

 

Ornament Sales

This year’s limited edition ornament with 2008 artwork will be available for $10.00 at Ocean Bank(s), Durham Marketplace, Town Hall, The Outback, Emery Farms, Town & Campus, and Federal Savings Bank.

 

Vacancies on Town Boards

The following is a list of vacancies that currently exist on various Town boards, commissions, and committees. Residents interested in being appointed to any of these boards 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/duties for the various Town boards, commissions, and committees, click HERE.

 

Conservation 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)

 

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.

 

Town Council – Monday, November 17, 2008

Integrated Waste Management Advisory Committee – Tuesday, November 18, 2008 (7:30 AM)

Zoning Board of Adjustment – Tuesday, November 18, 2008

Durham Energy Committee – Wednesday, November 19, 2008, participatory hearing on “Creating an Energy Vision for the Durham Master Plan” (7:30-9:30 PM)

Parks and Recreation Committee – Thursday, November 20, 2008

 

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. 

To view the Oyster River School Board meeting schedule, click HERE. 

To view the Durham Public Library Board of Trustees meeting schedule, click HERE.

 

New DCAT programming

On Sunday at 9:00 AM, DCAT (Channel 22) will broadcast “Granite State Outdoors”, produced by the New Hampshire Fish & Game Department. Tune in to learn more about the New Hampshire Fish & Game Department, deer weigh-in, cooking fresh caught fish outdoors, and musket shooting.

 

OYSTER RIVER SCHOOL BOARD HOLDS COMMUNITY ENGAGEMENT EVENING

On Tuesday, November 18, 2008, from 7:00-8:30 PM, the Oyster River School Board invites all interested citizens to join them in a discussion:  “Is Your Child Engaged in Learning?” to be held at the Oyster River High School Library. Light refreshments and daycare will be provided. If you have questions, or are unable to attend but want to provide input, please email orcsd@orcsd.org.

 

OYSTER RIVER HIGH SCHOOL PRESENTS “THE DIVINERS”

On Thursday, Friday, and Saturday (November 20, 21, and 22, 2008) at 7:30 PM the Oyster River High School will present "The Diviners", where in a small farm community during the depression, water and faith are in short supply.  A charismatic but backsliding preacher drifts into town and meets a gentle but misunderstood boy with the gift of divining or water witching.  The two outcasts find a common bond and help each other divine for truth, faith, and hope. Tickets are $8.00 for adults and $5.00 for students.

 

MAST WAY SCHOOL – HOLIDAY SHOPPING BAZAAR

On Saturday, November 22, 2008 from 10:00 AM to 3:00 PM, the Mast Way School (located on Mast Road in Lee) will hold its first annual Holiday Shopping Bazaar. This event will feature over 30 vendors, a PTO bake sale, face painting, and tattoos for the kids, along with door prize drawings.

 

Durham Public Library – “Food for Fines” Drive

It is the season for giving and for forgiving, and the Durham Public Library proposes doing both through the month of November by accepting food donations for the Cornucopia Food Pantry in lieu of late fees. The library recently began charging late fees for overdue materials, which has been something of an adjustment for all involved, so a decision was made to clear any and all late fees for patrons who bring in food for the pantry.  Cornucopia serves UNH students, staff, faculty, and their families. They, like many food pantries this year, are in great need of donations, including: boxed foods, canned goods, and in particular, holiday foods such as stuffing, canned vegetables, and cranberry sauce.  But practically anything will do.  If you would like to eliminate your late fees, or if you simply feel like giving, please bring your donations to the library.  Bring whatever amount you feel comfortable with.  In doing so, you will be doing something good for your community.  This offer ends November 29, 2008, and does not apply to the replacement cost of lost books or other materials. Please check out the library calendar at http://www.durhampubliclibrary.org for library events during International Education Week, November 18-22, 2008.

 

Weekly Police Arrest Report

Week – 24                                         10 UNH (42%)           14 Other (58%)

*2008/09 Academic Year – 389     245 UNH (63%)         144 Other (37%)

Calendar Year –904                         522 UNH (58%)         382 Other (42%)

*Commenced September 1, 2008 

 

Historical Data for the same week

Year	2005	2006	2007	2008
Week	26	21	21	24
Academic Year	589	426	356	389
Calendar Year	1148	919	927	904

 

FROM HISTORY IN AN OYSTERSHELL – 1600 – 1976

“1840 – Durham Academy, established by the N.H. Christian Baptist Conference, ranked high in the preparation of students for colleges for 23 years. Tuition was $4 per term and room and board $1.50 per week, without wood. Enrollment was 112, 30% being non-residents.”

 

Have a nice 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

 

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