Friday Update September 24, 2010

FRIDAY
UPDATES

Friday,
September 24, 2010

Graffiti on the climbing wall at the
Woodridge
playground

Courtesy
Todd
Selig

As we move into fall, take a moment
and think about whether you know longtime or new residents to Durham who might benefit
from receiving the weekly Friday Updates. If so, please forward the updates
along and encourage them to subscribe by going to: http://ci.durham.nh.us/SERVICES/email%20listing/app.php.

DURHAM DAY SUNDAY,
SEPTEMBER 26^TH

A final reminder that Durham Day is this
Sunday, September 26^th, from 12:30 to 4:00 PM at Wagon Hill Farm.
The following is an entertainment schedule for Durham
Day:

12:30
PM Free Resident Barbeque (runs until
3:30pm.)

12:30
PM Antique Car Show (NE Region Nash Car Club
of America)

12:30
PM Vertical Dreams Rock Climbing Wall (runs
until 4:00pm)

12:30
PM Live Performance by
FLING

1:00
PM Introduction to Geocaching
with Larry & Renee Vannata and Friends. (GPS provided, but bring your
own if you can.)

1:30
PM Storytelling with
Shawn

2:00
PM Wagon Hill Nature Walk with
the Conservation Commission

2:15
PM Live Performance by
FLING

3:00
PM Tai Chi Demonstration by the
Durham
Parks & Rec
Clan

Please direct Durham Day questions
to P&R Director Michael Mengers at 817-4074, mmengers@ci.durham.nh.us.

Durhams
2010 Municipal Tax Rate Projected to Increase 8% Due to Decrease in Total Town
Assessed Valuation, Goss Abatement, Diminished Revenues, Fewer K-12 Students
Attending ORSD Residing on UNH Property

Taking into consideration a variety
of non-spending items listed below, it is projected the estimated municipal portion of the tax
rate for the Town of Durham will increase to $7.04 from
$6.52, or 8.02% over 2009. Last December, the Town had projected a tax rate
for 2010 of $6.60 or 1.20%.

- $85,000 revenue shortfall
(majority is due to fewer K-12 students going to ORSD living in UNH housing
for which Durham receives a per pupil payment from UNH, as well as low
interest rates -- staff have been successful in recouping the majority
of this shortfall through an increase in revenues in building permits,
recycling revenues, and sale of municipal property.)

- $235,000 added to overlay for the
Goss abatement granted last month by the Town
Council

- The Town of Durham's total assessed
valuation experienced a decrease of 0.7% from last year due to resolution of
2008 and 2009 abatement appeals:

2009  Total Durham Assessed
Valuation
$898,552,542

2010
Projected Durham Assessed
Valuation (pre-abatements) $903,810,603 (0.5%
increase)

2010
Actual Durham Assessed Valuation (post
abatements) $892,139,835
(0.7% decrease)

On a positive note, the Oyster River School
District had a surplus of $2,239,401 for 2009-2010
which will impact the school portion of the tax rate by an as yet
undetermined amount. At this time, the Durham Business Office is
working with the School District Business Office to determine the actual
impact the surplus will have on the projected school portion of the tax rate for
2010 which of course impacts the overall full tax rate for the
municipality.

We will continue to update
projections as additional revenue and expenditure data becomes available moving
toward setting the tax rate which is typically accomplished in October followed
by the issuance of the 2010 Town/School/County tax bills.

DISORDERLY
HOUSE ORDINANCE

On Monday evening, September 27,
2010, the Durham Town Council is scheduled to discuss and take action on
Ordinance #2010-08 Disorderly House ordinance. The Town has received much
feedback concerning this matter. To view comments received to date, click HERE.

In response to questions raised
during the September 13, 2010 Town Council Public Hearing, the Towns attorney
provided a written opinion which the Town Administrator has released for public
information. To view this correspondence, click HERE.

BE
PART OF DURHAMS
FUTURE!

Are you interested in being part of
the important process of shaping our new Library? If so, the DPL Board of
Trustees needs your help. The Trustees are seeking participants on its Library
Building Committee or the Citizens Library Building Review Committee. For more
information, click HERE.

Green
Buildings Open House: Saturday, October 2

Get a
behind-the-scenes look at sustainable technologies and renewable energy
solutions, and see how theyre saving your neighbors lots of green! The New
Hampshire Sustainable Energy Associations annual Green Buildings Open House
(GBOH), part of the largest sustainable energy event in the Northeast, will take
place on October 2, 2010 from 10 AM to 4 PM. On this day, homes,
businesses, and schools invite the public inside to investigate the renewable
technologies and green building features being employed on site. Last
year, more than 16,000 people toured some 500 sites in the Northeast, and this
years event is expected to be even bigger!

Durham will
showcase three very different houses, including those of two Durham Energy
Committee membersKevin Gardner and Peter Ejarque. The third is the home of
Melinda Salazar and Kevin Beane, the first Durham participants in SEAREI's volunteer
cooperative solar panel "raising." To get a list of locations in our area (or to
learn more about building features or fuel types) go to http://www.nhsea.org/gboh and search the
NHSEA GBOH database.

At host
sites, participants will be able to talk with homeowners, ask questions, and see
how their renewable energy technologies actually work. GBOH also connects
building owners and managers with professionals who can provide them with
sustainable energy services or energy efficiency
retrofits.

As host
sites register, detailed information and photos of the buildings' innovative
energy features are posted, providing an ongoing educational tool. If youre
thinking of investing in energy efficiency and/or clean energy measures, this
event may be the one to get you going!

$\Durham NH\2080170 Water Management Plan\Water Supply Status Signs\DurhamUNHwaterPie062408\DurhamWaterPieChart062408(JPEGs)\High Resolution\DurhamSTAGE2(300dpi).jpg$

Stage
2:

Ø
Supply is
declining

Ø
Mandatory water conservation such as
banning vehicle washing and filling of swimming pools, limited watering of lawns
and gardens (i.e., odd/even watering schedule), and a shut-down of non-essential
water cooling systems at UNH

Ø
Goal is to decrease demand by 10%
within two weeks.

Additional
Water Conservation Efforts Needed
Despite the recent rain, flows in local rivers
remain at critically low levels and there is no significant rain in the
forecast. Those conditions make it necessary to declare a Stage 2 water
conservation alert. Stage 2 requires that mandatory water
conservation measures be implemented. Those measures include bans on
vehicle washing and filling of swimming pools (including the UNH Outdoor Pool),
and shut-down of non-essential water cooling systems. Limited watering of
lawns and gardens is allowed only between 6am-8am and 6pm-8pm. Thank you
for your voluntary assistance with helping to provide adequate water supplies
during this period.

Parks
and Recreation Department Director Application Process
Update

The Town received a total of 33
applications for the present part-time Parks and Recreation Department vacancy
by the September 17^th due date. The selection committee
consisting of P&R Committee Chair Sara Badger-Wilson, P&R Committee
member Amy Cunningham, P&R Director Michael Mengers, and Administrator Selig
met this week to begin the process of reviewing applications. It is our
hope to have the new director in place this fall.

Workforce
housing Advisory Committee

The Workforce Housing
Advisory Committee invite all residents to an exciting Public Forum to learn
what we can do to encourage affordable housing for local people making average
incomes in the area. Please join us at the Town Hall on Tuesday, September 28th
at 7 PM. Please join us at the Town Hall to share your ideas, issues, and
concerns, and to learn about possible solutions. We want to learn how you feel
about Durhams
housing needs. The Workforce Housing Committee is beginning the process to
update the Zoning Ordinance to include greater opportunities for workforce
housingfor those people who cant afford to live where they grew up or where
they may want to work. Now is the
time to share your thoughts. For more information, click HERE.

Wood
Chips

The Town has a surplus of wood chips
due to the past year of storms. Due to this excess of material, residents
will be given the option of having some wood chips delivered to their address or
picked up with the help of DPW personnel loading their vehicle. This event
is offered to Durham residents only.

Residents will have the option to
have either a 5 or 10 yard load delivered to their residence. Someone must
be home to accept the delivery and the delivery location must be in a dry stable
area easily accessible by the Towns dump truck. The Town will not be
responsible for any damage caused by the delivery, and the actual location and
safety of area will have to be approved by the driver.

This will be a first come first
served scenario as only so much can be delivered in one hour. There will
be two delivery slots of time, an AM slot between 8:00 AM and noon, and a PM
slot between 1:00 and 4:00 PM. Residents are strongly encouraged to come to the
Transfer Station and Recycling Center themselves on October 8^th to
pick up chips in their own vehicles. DPW staff will load the chips.
Residents who will be picking their own chips may do so between the hours of
9:00 AM to noon and 1:00 to 3:00 PM. Residents desiring to have chips delivered
MUST call the Department of Public Works on or before Wednesday, October
6^th, at 868-5578.

2010
SURPLUS VEHICLES

We are conducting our annual surplus
bid and will be accepting bids through 2:00PM on Wednesday, September
29^th. This year the following items are up for
bid:

1.
1995 GMC Sierra
3500
           VIN#
1GDHC34KXSE539296

2.
1997 Crown Victoria

          VIN # 2FALP71W3VX165981

3.
2001 Crown Victoria

       VIN # 2FAFP71W91X158

4.
Ranger Pick-up Cap- Dark Blue

Interested parties must submit a
sealed bid to the Town of Durham, Department of Public Works no later
than 2:00PM, Wednesday, September 29, 2010. The envelope must be clearly
marked SURPLUS VEHICLE/EQUIPMENT BID, VEHICLE/EQUIPMENT # indicating the
corresponding number, above, for each bid. Use only one envelope for each
vehicle/equipment item and each corresponding bid. All items can be viewed
at the Department of Public Works, 100 Stone Quarry Drive, Durham, M-F 8AM- 3:30PM. Vehicle Bids
must be at least $100 to be considered. The Town of Durham reserves the right
to reject any and all bids, to investigate the qualifications of any bidder, and
to waive or not waive any and all informalities in any bid when making an
award.

RFP
FOR PRODUCTIVE REUSE/REDEVELOPMENT OF GRANGE (H.A. DAVIS BUILDING) ISSUED

The Town of Durham, New Hampshire is
soliciting proposals for the productive reuse/redevelopment of the parcel and
structure known as The Grange (H.A.
Davis Building) located at 37 Main Street, Durham, NH 03824 (Tax Map 5, Lot 1-5). Proposals must be received by the Town,
no later than 4:00 pm
on November 12, 2010. To view the RFP, go to http://www.ci.durham.nh.us/generalpdfs./grangerfp.pdf.

Paving
Scams

This week, the Durham Police
Department responded to a neighborhood for a complaint of a possible driveway
paving scam. Residents are reminded that legitimate door-to-door sales
people must have a Hawker and
Peddlers Permit issued by the State of New
Hampshire AND a Permit to
Solicit issued by the Town of Durham. If door-to-door sales people come
to your home without these documents, please call the Durham Police Department
for assistance immediately. These scam artists can be very persuasive and
potentially dangerous; please NEVER let unknown people into your home and please
do not give any money, credit card numbers, bank account information, or any
other form of payment to any "business" either in person or over the phone
without first verifying that they are indeed legitimate and reputable, and are
conducting business in the state legally.

Additional information about
legitimate businesses in the Town of Durham can be obtained at:

§
Durham Town Administrators Office by calling
868-5571; or

§
The New Hampshire Attorney General's Consumer and
Anti-Trust Protection Bureau at www.doj.nh.gov/consumer or by calling
271-3658; or,

§
The Better Business Bureau of Concord New Hampshire
at www.concord.bbb.org, or by e-mailing the
BBB at info@bbbnh.org or by calling 224-1991.

Drug
take back program tomorrow - Saturday

Individuals can drop off expired,
unused, and unwanted prescription drugs for destruction from 10 am until 2 pm at
the Durham Police Department front lobby. Durham Police Chief Dave Kurz
reminds us It is important people get rid of unused medications from their
homes. Some can harm the environment, but narcotics are often the target of
thefts and lend themselves to be abused. Saturday's event is a national
program that allows residents and others to bring all types of prescription
drugs for disposal. Outside of the event, only law enforcement agencies can
collect the narcotic-type drugs. While the front lobby will be monitored by an
officer, no one disposing prescription drugs will be identified or questioned.

Pulling
Together to Combat Invasive Plants: Weedwrenches for free
loan

The Great Bay National Estuarine
Research Reserve (NERR) is pleased to announce its new invasive plant removal
tool loan program funded by the Lamprey River Advisory Committee. The purpose of
the library is to provide a storehouse of specialized tools, called
Weedwrenches, useful for manual removal of invasive plants such as glossy
buckthorn, autumn olive multiflora rose or honeysuckle.

The Reserve has enough tools
available for large work groups and encourages their use. There are currently
thirteen Weedwrenches available in three different sizes. Another thirteen will
soon be added to the tool library. Why so many? To provide an easy, free way for
conservation commissions, land trusts, natural resource managers, restoration
ecologists, or individual landowners to carry out their invasive plant control
projects.

Tools are housed at the
Great Bay Discovery
Center in Greenland and available on a first come first served
basis. Please contact Paul.StPierre@wildlife.nh.gov to
make arrangements. Tool loan is FREE, only a brief form to fill out is requested
giving the location of your project, the species of invasive plant to be
removed, and an approximate acreage. A full press release will be
distributed once the lending library is complete with its full inventory. More
information about Weedwrenches can be found at http://www.weedwrench.com/weedwrench.

Wiswall
Drawdown Public information meeting - RESCHEDULED

The Town of Durham
Department of Public Works plans to drain the reservoir upstream of the Wiswall
Dam on the Lamprey River starting after October 1, 2010 to complete final
elements on the abutments of the newly installed Wiswall Bridge.

A public informational meeting
(originally scheduled for Wednesday, September 27^th), has been
rescheduled to Thursday, September
30^th at 4:30 PM in the Town Council chambers at the Durham
Town Hall located at 15 Newmarket Road to provide details about the event and
answer questions. The work should to be completed by
mid-October.

Questions and
comments should be directed to Durham Town Engineer David Cedarholm at (603)
868-5578.

PUBLIC
MEETING SCHEDULE

The following public meetings are
scheduled for the coming week in the Town Council chambers at the Durham Town
Office. All meetings begin at 7:00 PM and are held in the Council chambers at
the Town Hall unless otherwise indicated below. To view the agenda for the
meetings listed below, please click HERE.
All meetings recorded on DCAT are available on DVD at the Durham Public Library
for checkout and viewing.

Town Council Monday, September 27,
2010. To view the complete Council packet for this meeting, please click
HERE.

Inclusionary Zoning Implementation
Program (IZIP) Public Informational Meeting Tuesday, September 28,
2010

Planning Board Wednesday,
September 29, 2010

Wiswall Drawdown Public Information
Meeting Thursday, September 30, 2010 (4:30
PM)

Zoning Board of Adjustment
Tuesday, September 14, 2010

Rental Housing Commission
Wednesday, September 15, 2010 (4:00 PM)

Planning Board Wednesday,
September 15, 2010

Oyster
River School
Board meeting
schedule, please click HERE.

Durham Public Library
Board of Trustees meeting schedule, please click HERE.

DCAT
Programming Schedule, please click HERE

The
Parks & Recreation Nature Note Merrick
Property

The
Merrick Property is a 23.3 acre plot of conservation land located between
Dover
Road, Canney Road and Bagdad Road.
The property was sold at a reduced price to the Town of Durham by Tom and Mary
Merrick in 2006. The property offers an elaborate trail system for hiking,
snowshoeing, cross-country skiing and bird watching. On Bagdad Road there is
access to the trail system on the south side of the road, just past Nobel K. Peterson
Drive. To reach the land via Canney Road, use the
grass parking lot directly across from 4 Canney Road. At both entrances a
sign/map of the trails are visible thanks to Ryan Hortons Eagle Scout
project. Manu Putcha also constructed raised walkways throughout the
trails for his Eagle Scout project.

The
Merrick Property is part of the Durham Parks & Rec Adopt-A-Trail program,
but is currently not spoken for. If you (or a group) would like to claim
the Merrick Property as part of the Adopt-A-Trail program, contact Michael
Mengers, 817-4074, mmengers@ci.durham.nh.us.

Durham
Public Library Programs and Events

§
Preschool Storytime this week,
Tues. Sept 28th and Thurs. Sept. 30th at 10:30 am - Join us for stories, fingerplays,
feltboard, songs, and a craft. This week - Trains!

§
Pajama Storytime, Tues. Sept.
28th, 6:30 p.m. - Join ORPP and the library for our monthly pajama
storytime. The theme is trains. We will read stories about trains,
make a craft and take a pretend train ride. Wear your pajamas if you
want. All are welcome!

§
Special Storytime during Fire Prevention Week, Tues.
Oct. 5th and Thurs. Oct. 7^th at 10:30 a.m. - The Durham Fire
Department will visit with their Fire Trucks! Come meet our Firemen, hear
stories, climb aboard the fire trucks and make a craft.

§
Join the Ripped up Rat Readers, a
book discussion group for 2^nd-4^th graders on Tues., Oct.
5^th at 6:00
p.m. This months book is Chasing Vermeer by Blue
Balliett. We will discuss the book, solve some puzzles and mysteries, and
make a craft.

§
Granite Earth Healthy Child, Healthy Planet 7-week
series meets again on Tues. Sept. 28th, 7:45-9:15 pm.

§
The patch program, our reading
incentive program for children aged 2-12 years has
started. Children earn patches for minutes read or
being read to as well as a Durham Library book bag. If new to the program,
stop by and register.

§
Registration for UNH Reading
Buddies through Seacoast Reads has started. Would your child in grades
1^st through 3^rd benefit from a UNH Reading Buddy? Then
sign up at the library for your child to be partnered with a student trained by
the UNH Education Departments Seacoast Reads program.

§
Registration for Tales for tails
has started. Have a young reader who could use some
non-judgmental encouragement for reading aloud? A Delta Therapy dog is
waiting for your child. Sign up now at the library for 4 week sessions
beginning in October.

§
Young adults interested in writing
a review of a book, play, movie, event? Email the childrens librarian at ekleinmann@ci.durham.nh.us or
stop by the circulation desk and well put you in contact with our partner, YA
author Megan Frazer, who is helping us with this blog. Visit our website at www.durhampubliclibrary.org for
more information.

COMMUNITY
EVENTS

§
Wednesday, Sep 22nd UNH Sixth Annual Local Harvest Feast. This
event is open to the public. During the event, breakfast is served at Stillings
Marketplace (7:15 10 a.m.), lunch at Elements at Philbrook Hall (11:30 a.m.
1:30 p.m.), and dinner at Holloway Commons (4:30 9 p.m.), all on the UNH
campus in Durham. The Local Harvest Feast is offered to
all students on the UNH meal plan as well as to the general public (breakfast
$9, lunch $12, dinner $16, plus tax). For information and menus, visit http://www.unh.edu/dining/inform_local_harvest.html.

§
Tuesday, Sep 28^th, 7:00 PM, Memorial Union
Building Theatre I Film: Flow.
Irena Salinas award-winning documentary film investigates what experts label
the most important political and environmental issue of the 21^st
century -- the world water crisis. This event is FREE to the
public.

§
Saturday, Oct 16th, 6:00 10:00 PM, The Barn at
Winecellar Farm, 21 Winecellar
Road, Durham
ORYA Live and Silent Auction. This
adult only event will raise much needed money for programming, coachs training,
equipment, and scholarships. For more information, contact Nick or Mike at ORYA,
868-5150.

New
Hampshire
Choral Society

The New Hampshire Choral Society is
accepting singers for the fall semester. The chorus is a non-auditioned adult
group conducted by Dr. Madelyn Gearheart. Rehearsals are Tuesday evenings from
7-9 at Oyster
River High
School. Come raise your voice in song, make new
friends, and have fun! For more information call
868-5331.

NEW
HAMPSHIRE
YOUTH CHORUS

The New Hampshire Youth Chorus is
celebrating its ten-year anniversary and accepting singers for the fall
semester. The chorus is for high school aged singers and is conducted by
Dr. Madelyn Gearheart. Among other engagements, the chorus will travel to
Italy for a concert tour in June
2011. Rehearsals are Sunday afternoons from 1-3 at Oyster River High
School. To arrange an audition or seek more
information, call 868-5331.

Weekly
Police Arrest Report

Week 25

15 UNH (60%) 10 Other
(40%)

*2010/11 Academic Year
151
            99 UNH
(66%)           52 Other
(34%)

Calendar Year
577

            348 UNH
(60%)       229 Other (40%)

*This data represents the 2010/11
Academic year report which began August 27th when UNH dormitories officially
opened and students begin arriving in Durham.

Historical data
for the same week

	2005	2006	2007	2008	2009	2010
Week	72	43	38	42	47	25
Academic Year	285	183	157	157	221	151
Calendar Year	844	686	728	672	767	577

FROM
DURHAM, NEW HAMPSHIRE A HISTORY
1900-1985

The town and the university
cooperated again in the late 1970s in planning for a new secondary sewage
treatment plan. Construction began in 1978, and the plant was dedicated in
September 1981. It is owned and operated by the town, with the town and the
university each paying half of the operating cost. (It should be noted that the
town provides water and sewage services only on the north side of the Oyster
River. Those residing on the south side rely on their own wells and septic
systems.) Published in
1985 by the Durham Historic
Association.

Have a good weekend.

--------------------------------

Town
of Durham: "Friday Update" Special Edition - An Historical Perspective to the
Proposed Disorderly House Ordinance

Dear Members of the Durham
Community,

In response to significant feedback
received over the last two weeks regarding the Town?s efforts to address
the impact of rental housing within Durham?s
traditional residential neighborhoods, you will find below an overview intended
to bring readers to a consistent level of historical understanding surrounding
the topic.

1994 ? Durham
Rental Registration Ordinance Enacted and
Challenged

On May 16, 1994, the Town Council adopted Ordinance #93-16, an
ordinance requiring registration of rental housing in the Town of Durham, New
Hampshire. The Durham Landlords? Association
(DLA) subsequently filed litigation against the
Town relative to this matter.

On March 20, 1995, the Durham Town Council agreed to accept a
proposed settlement worked out between the Town of Durham
and the DLA in lieu of Ordinance
#93-16.

1995 - Durham
Rental Housing Commission Established Through Settlement
Agreement

On June 5, 1995, the Durham Town
Council adopted Ordinance #95-03 establishing a Rental Housing Commission (RHC)
in accordance with the Temporary Stipulation and Settlement Agreement between
the Durham Landlords? Association and the Town of Durham (Docket No. 94-E-133)
signed by both parties on November 23, 1995. The Rental Housing Commission
included representation from landlords, students, tenants,
UNH administration, residents, town officials,
and councilors.

2003 ? In
Response to Complaints Surrounding Rental Housing, New Ordinance Frameworks
Considered by Durham

In 2003, after receiving increasing
complaints relative to student rentals within some neighborhoods throughout the
Town, Administrator Selig began corresponding with members of the
DLA and RHC to obtain their input regarding
three potential ordinances that may or may not have been beneficial to Durham:
1) a disorderly house ordinance; 2) a gathering (assembly) permit
ordinance; and 3) a rental registry/landlord permit ordinance.

After receiving feedback from these
two organizations, the Town Administrator came
before the Town Council on May 17, 2004, requesting that the Town Council
endorse his and the RHC?s recommendation to move forward with the development of
a disorderly house ordinance, but to defer action on the development of either a
gathering permit ordinance or a rental registry/landlord permit ordinance
scheme. At that meeting, the Council passed a motion to direct the Town
Administrator to move forward with drafting a
disorderly house ordinance and a gathering permit
ordinance.

At the Town Council meeting on
September 13, 2004, Mark
Henderson, Chairman of the Rental Housing Commission, provided an update to
Councilors on the then current activities of the Commission. Mr. Henderson
also informed the Council that the Commission had reviewed the proposed
ordinances during the summer, and was open to the idea of the disorderly house
ordinance, believing that it might encourage some landlords to be more
responsible. However, the Commission did not support the rental
registry/landlord permit or gathering permit ordinances. He said the
Commission felt there could be a number of problems with enforcement of the
gathering permit ordinance, including dealing with private residences. Mr.
Henderson noted that the Commission was still in the process of reviewing the
two proposed ordinances and would have a response to the Town Administrator in
time for the Council?s October 4,
2004 meeting.

At the RHC meeting on Tuesday, September 21, 2004, the Town
Administrator met with members of the Commission to continue discussions
concerning the disorderly house and gathering permit ordinance ideas. At
this meeting, representatives from the Town?s Police, Fire, and Code Enforcement
Offices informed the Commission that a great deal of progress had been observed
throughout the year in terms of tenant and UNH
student behavior. In addition, all three agencies noted an increased
willingness on the part of landlords, UNH, and
UNH student government representatives to
cooperate with local officials in addressing rental housing-related
issues. The DLA was also active in urging
absentee landlords to take a more active interest in their properties. As
a result of this detailed discussion, the RHC ultimately took three
votes:

That in light of
the positive developments that had been noted to date since discussion of the
three ordinance schemes had been initiated, the Commission recommended that
the Town not move forward with either the disorderly house or gathering permit
ordinance schemes.

A split vote was
taken concerning whether to move forward with the disorderly house ordinance
should it be deemed to be necessary in the future. It was noted that
earlier in the meeting, representatives from the Durham Police Department were
not able to identify any properties in the community that at this time that
would warrant the implementation of the disorderly house
ordinance.

The Commission
voted against the concept of considering further a gathering permit
ordinance. It felt that the gathering permit ordinance was problematic
at best and would not be an effective solution for Durham.

2004 ? Town
Administrator Provides Recommendation Against Proposals Then Under
Consideration

At the Town Council meeting on
October 4, 2004, Administrator
Selig provided Councilors with draft copies of both the disorderly house and
gathering permit ordinance proposals. However, Administrator Selig, upon the
recommendation of the Town?s departments and the RHC, did not feel it was
prudent to move forward with the development of either a disorderly house or
gathering permit ordinance at that time.

The
Administrator explained that he believed this
course of action would send a positive message to landlords, tenants, and
UNH student leaders alike that as long as there
are earnest efforts at cooperation between these groups and municipal
departments in achieving improved behavior within Durham?s neighborhoods ? and
as long as improved behavior was actually experienced -- the Town would not
pursue additional and more restrictive ordinance schemes unless such schemes are
deemed to be of significant benefit to the overall community. If municipal
departments or the RHC in the future found that a disorderly house ordinance
would be of benefit to the community, the
Administrator would likely bring forward the
draft disorderly house ordinance for Council consideration as a first
reading. In effect, the disorderly house ordinance draft would remain on
the shelf, poised to be brought forward if/when
needed.

After a lengthy discussion on this
issue, the Council voted to ?accept the
recommendations of the Town Administrator and
Police Chief, and postpone consideration of the proposed disorderly house and
assembly permit ordinances until such time as reconsideration seemed
desired?.

2009 ?
Student Rental Housing Again Creates Significant Concern for Durham
Residential Neighborhoods

In the fall of 2009, the Town of
Durham
and the RHC, in particular, were again faced with significant challenges
associated with student rental properties located within residential
neighborhoods throughout the community.

A drop in the regional real estate
market beginning in 2006 as well as high market demand for off campus student
rental housing stock enabled out of town investors to purchase older single
family homes for use as student rental properties within traditional residential
neighborhoods, particularly around
Durham?s central core (Faculty
Neighborhood, Cowell Drive, Bagdad, Emerson, Edgewood, Woodman, Madbury, Bay
View, Coe Drive, etc.). This has allowed increasing numbers of college students
to move into Durham?s
traditional residential neighborhoods, bringing with them various quality of
life issues (noise, trash, parking, etc.).

2009 ? Rental
Housing Commission Works to Address Concerns Raised by
Residents

To address these public policy
issues, the RHC has met regularly for the last year and has been working with
Town departments, the DLA, and affected
residents to research and review innovative strategies to address these
challenges. Meeting after meeting since last fall under the leadership of
RHC Chair Sam Flanders, the RHC has taken feedback and suggestions from
audiences of affected Durham residents
in an effort to address concerns associated with student housing.

At the RHC, there has been consensus
that the issues facing traditional residential neighborhoods are by and large
not the result of professionally managed student rental properties, but rather
it is the single-family, non-owner occupied student rentals that are a
constant source of frustration for neighbors due to inconsiderate behavior
of student tenants and in many cases a lack of professional, active management
on the part of inexperienced absentee landlords.

In late 2009, the RHC asked to
develop a variety of solutions intended to address rental housing issues.
These included:

A request that
staff actively pursue enforcement of existing town zoning, parking, and trash
violations to provide immediate relief to challenges within Durham
neighborhoods traditionally affected by rental housing. The then status
quo of complaint generated enforcement was not perceived as being
effective.
Pursue court
action and obtain administrative warrants to gain access to suspected zoning
occupancy violations if possible and as appropriate.
Inform residents
of efforts underway by the Town to address concerns.
Modify the noise
ordinance to make it go into effect at 10
p.m. rather than 11 p.m.
(Enacted by the Council during the summer of 2010.)
Revisit the
merits of a disorderly house ordinance from 2004. (Forwarded by RHC to
Town Council for adoption.)
Revisit the
merits of a large gathering permit ordinance from 2004 (Ultimately set aside
for the time being by the RHC).
Reconsider the
merits of a registration ordinance from 2004. (No action at this
time.)
Evaluate the
merits of regular health and safety inspection program for rental properties
in Durham.
(Still under consideration by RHC.)
Evaluate the
merits of a housing maintenance code. (Passed off to Town Council without
recommendation.)

2010 ? Rental
Housing Commission Develops and Recommends Disorderly House Ordinance to Town
Council

On June 21, 2010, the Town Council
held a First Reading on a draft Disorderly House Ordinance (Ordinance #2010-08)
developed by the RHC which was modeled from other ordinances across the
country. The RHC met with Town Counsel Laura Spector on a number of
occasions to discuss the merits and legality of various regulatory frameworks
including the Disorderly House Ordinance.

The Disorderly House
ordinance presently under consideration is intended to ensure
that landlords will take responsibility for their own behavior if they are not
taking reasonable steps to control disorderly activities at their rental
properties.

Under the proposal presently before
the Council, after a first event the owner would be notified. After a second
event the owner would be fined $500 unless he/she meets with the Police Chief to
develop a strategy to avoid future disorderly events. After a third event the
owner would be fined $1,000 and meet with the Police Chief and three
representatives of the Durham Rental Housing Commission to discuss ways to
alleviate the problems and show that they have taken steps to eliminate future
disorderly events. The owner and the Police Chief will then sign a
document outlining the steps that need to be taken to resolve these
disturbances.

Under the draft ordinance, all
designations of a disorderly house and fines can be appealed to the Town
Administrator.

As part of an appeal of a disorderly
house designation, the Town Administrator would endeavor to evaluate whether
landlords were taking reasonable steps to inform their tenants of what is
expected by town ordinances and to control offending behavior if it does occur;
and that if they do these things and nonetheless are unable to control their
tenants, that there will be no liability on their
part.

The Council finalized the above
noted changes that are contained in the proposed ordinance and voted to schedule
a special meeting for Tuesday, June 22,
2010 to continue its discussion on the ordinance.

Meanwhile, the Rental Housing
Commission met on June 23,
2010 and suggested that changes be made to the
disorderly house ordinance that the Council had finalized at the First Reading
on June 21^st. These changes included adding as a penalty
for a second violation of the ordinance that a disorderly house be
placed on on a list maintained by the town, which would subject the
property to inspections twice a year for a period of some years (five was
suggested at the RHC meeting). This approach would have been done in lieu of the
registration ordinance to which landlords have significant concerns.
Second, there was a suggestion to revise the ordinance to make it
clear that in multi-unit buildings, each unit would receive one
free bite at the apple, so to speak, before the unit would be added to
the list; rather than for example if 4 units in a single property each
had a violation on the first weekend that the whole property would now be at the
fourth level of punishment.

The Town
Administrator, Town Councilor Jay Gooze, and the Town?s attorney then
attempted several iterations of such a draft revision to the disorderly house
ordinance, however, it was ultimately decided that it would be more appropriate
to bring forward for a continued first reading that draft document
around which consensus was reached by the Council on June 22.

On July 12, 2010, the Town
Council moved Ordinance #2010-08 on First Reading and scheduled a Public Hearing
for its meeting on Monday, September 13, 2010, such that the UNH student body
would have returned from summer break and could provide feedback relative to the
proposal.

On September 13, 2010, the Town Council opened the Public
Hearing on proposed Ordinance #2010-08, received input from the public, and then
closed the Public Hearing.

The feedback received was mixed with
UNH students and landlords generally expressing opposition to the proposal and
longer-term residents generally expressing support. To view the
correspondence received to date, click HERE.

The Town has also received written
correspondence from Town Counsel regarding the proposed disorderly house
ordinance which Administrator Selig has released to the public. To view
this correspondence, click HERE.

The topic is scheduled for
discussion and action as part of the September 27, 2010, Council meeting.

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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