Friday Updates - April 17, 2020

TOWN ENGINEER TO PROVIDE COUNCIL WITH UPDATE ON OYSTER RIVER (MILL POND) DAM FEASIBILTY WORK MONDAY EVENING

Town Engineer April Talon will provide an update to the Town Council on the latest information and work completed by Vanasse Hangen Brustlin, Inc. (VHB) and subconsultants Pare Corporation and Weston and Sampson, as part of the Oyster River (Mill Pond) Dam Feasibility Study. VHB was contracted by the Town in 2019, in the amount of $330,000, to complete an Oyster River (Mill Pond) Dam Feasibility Study. The intent of the dam feasibility study is to review reasonable modifications to the dam which would address the known structural deficiencies as identified by the 2018 Letter of Deficiency issued by the NH Department of Environmental Services (NHDES) Dam Bureau, while also considering the water quality of Mill Pond. 

The following reports and findings are summarized below for the Town Council’s review and consideration. These documents have been uploaded to the Town’s Mill Pond Dam Current Information and Feasibility Study webpage, which can be found HERE.

Mill Pond Dam Hazard Reclassification Memo, March 3, 2020

The results of analyses completed indicate that a waiver such that the dam would be regulated as a non-menace structure may be warranted. Under this waiver, future dam rehabilitation applications would only require the dam’s discharge capacity to equal its current discharge capacity. Regardless of flow condition or in what configuration the dam could breach, a failure of the dam is not expected to increase flooding impacts of the immediate abutters. Under no breach scenario or design flood event is the lower living level expected to flood. The Town is expecting a formal letter from the Dam Bureau by the end of business Friday April 17th, 2020. Approval of the waiver is subject to NHDES review and is anticipated to be contingent on conditions such as the execution of legal agreements between the dam owner (the Town) and abutter(s). This memo can be found HERE.

Final Mill Pond Dam Inspection Report, March 2020

The Mill Pond Dam was inspected on December 18, 2019 under shallow drawdown. The drawdown lowered the level of the impoundment approximately 4 to 5 inches with the pool level slowly rising as the inspection was completed. In general, the overall condition of the Mill Pond Dam was found to be in Poor Condition. The final inspection report can be found HERE.

Mill Pond Dam Alternatives Screening Memo, April 8, 2020

The project team has completed a preliminary review of alternatives to address the known structural deficiencies of the Mill Pond Dam. The project team has also completed conceptual sketches and cost estimates of the alternatives that can be found in the full report. Five distinct alternatives have been developed, which will be presented to the Council Monday evening.

Alternative 1– No Action: This alternative would require that the NHDES Dam Bureau approve a “non-menace waiver,” which would remove the requirement that the dam pass a 50-year spillway design flow. Hydraulic modeling completed to date suggests that NHDES may approve such a waiver request. However, as documented in Pare’s recent dam inspection, the condition of the dam poses a near-term structural risk. The No Action Alternative, therefore, is not recommended.

Alternative 2 – Repair: This alternative would include: structural reinforcement of the spillway ribs; reinforcement of the right training wall; repairs to the fish ladder to address undermining; stabilization of the gated outlet; and replacement of the outlet gates. This alternative would require that the NHDES Dam Bureau approve a “non-menace waiver.” Repair would only address areas of extensive concrete deterioration and would not address all concrete that has been impacted by alkali-silica reaction (ASR) and other deterioration. The effective design life of the Repair Alternative is limited, therefore is not recommended. The conceptual cost of Alternative 2 is expected to fall within a range of $450,000 to $550,000, not including the measures needed to restore the pond, improve water quality, and mitigate adverse natural resource and historic impacts. 

Alternative 3 – Stabilization: This alternative would include: Construction of a “new” spillway within the confines of the existing spillway by pumping reinforced concrete within each of the spillway cells to create a mass concrete section that would be anchored to the bedrock; repairs to the fish ladder to address undermining; stabilization of the gated outlet; and replacement of the outlet gates. The approach would provide a long-term solution to the concerns for the existing dam. However, like Alternative 1 and 2, this alternative also would require that the NHDES Dam Bureau approve a “non-menace waiver.” The cost of Alternative 3 is expected to fall within a range of $300,000 to $425,000, not including the measures needed to restore the pond, improve water quality, and mitigate adverse natural resource and historic impacts.

Alternative 4 – Complete Dam Redesign: This alternative would involve modifying the dam to pass the 50-year spillway design storm event with 1-foot of freeboard, and would therefore not require NHDES approval of a non-menace waiver. The required modifications would include: Replacing the existing spillway with a new spillway, maintaining the current crest elevation; lowering the top of the gated outlet structure approximately 2 feet to effectively widen the spillway by 26 feet; providing an auxiliary spillway extending into the right abutment at an elevation approximately 1.7 feet higher than the spillway crest; raise the effective top of dam elevation by 1.85 feet by constructing an approximately 50-foot long earthen berm/dike at the right abutment and grading left of the fish ladder to meet design top of dam elevations; and reconstruction of the existing spillway to address structural concerns. This alternative would also include replacing the gated outlet structure and addressing other known concerns including undermining of the fish ladder. Alternative 4 would have an anticipated design life exceeding 50 years. The cost of Alternative 4 is expected to fall within a range of $600,000 to $800,000, not including the measures needed to restore the pond, improve water quality, and mitigate adverse natural resource and historic impacts.

Alternative 5 - Dam Removal: Dam removal would involve: demolition of the spillway structure and the fish ladder, while preserving the gated outlet at the right abutment and the fish ladder forebay/left abutment concrete wall to help ensure bank stabilization and minimize historical impact. A reconstructed river channel and floodplain would be created through the former location of the dam, designed to simulate the geomorphology of a natural river with a channel slope consistent with the Oyster River. Based on similar dam removal projects, the cost of dam removal could be expected to range from $300,000 to $750,000, depending on the specific requirements to mitigate sediment migration or contamination concerns in the impoundment. The cost of this alternative may be offset by state and federal grant programs intended to restore aquatic habitats. 

The complete report, can be found HERE.

DURHAM’S LEADERSHIP TEAM MET VIRTUALLY ON APRIL 14TH TO ADDRESS DEPARTMENT MATTERS AND TO PROVIDE ROUNDTABLE UPDATES – Here’s what was learned…

Board meetings. Several residents have suggested that the Town suspend meetings of the various boards and commission for the duration of the coronavirus, especially with constraints on handling public hearings. Town boards and commissions are continuing to meet either entirely virtually through videoconference or through a hybrid approach where a few members physically attend the meeting and the rest participate live through videoconference. At this point, it is up to each board or commission to determine which approach to use. In response to an email from one resident concerned about Planning Board hearings, Town Administrator Todd Selig, said, “The Governor, through his various executive orders, has provided clear authority for public boards to undertake their business 100% virtually, if needed. In fact, both developers and residents often may find themselves in the same situation regarding participation in public meetings. Fortunately, interested residents/applicants have many means through which to watch, follow, and participate: DCAT-Channel 22, DCAT On Demand on the web, minutes of meetings, emails, letters, Zoom video, Zoom audio, and with some proceedings, in person (though this is certainly discouraged) attendance with appropriate social separation (the Council room chairs have been rearranged for this purpose). We will continue to monitor closely the process and will endeavor to continue to fine tune as needed to ensure continuity of operations, to the extent possible, during this unusual situation.”   

Zoom! Several outside parties who participated in recent Planning Board meetings have complimented the Town on the effectiveness and openness of Durham’s approach. Numerous people have noted to the staff how remarkably seamless the view is on DCAT showing board members physically present in Council Chambers; board members, applicants, and residents participating at home via Zoom, and powerpoint presentations on the screen. Kudos to Craig Stevens, DCAT Coordinator, and Luke Vincent, IT Director, for their great work.

Traveling.  View information about traveling from the Transportation Security Administration HERE.

How to Manage Isolation and Loneliness. View a helpful article from The Healthy HERE.

COVID-19 report across the country. View a map of cases across the country shown by county from yesterday, provided by Eimpact Report HERE.

Impacts on states and cities. View a discouraging article about the financial impact on states and cities with the coronavirus HERE.

Highlights from the Leadership Team Meeting:

Public Works. Director Mike Lynch says the department is very busy. They have five different schedules now and are rotating staff as best they can to keep people as separate as possible. Site work for the new Oyster River Middle School will begin soon. Many construction trucks will be coming from Dover. They will be directed along Route 108/Dover Road to Main Street up Church Hill to Madbury Road then onto Woodman Road, then onto Dennison Road. Truck traffic will last for a number of months. The trip will be easier now with less traffic.

The federal government will take applications for shovel ready projects to fund as part of the stimulus package. This is similar to the program years ago in 2008. We were very successful last time. We have a half dozen projects that we are looking at for submission.

Fire Department. The department has been very busy. They are establishing requirements for firefighters regarding social distancing and use of masks. Chief Dave Emanuel is reporting on exposures, quarantines, and needed resources. He has requested additional surgical masks from New Hampshire Homeland Security and Emergency Management. Two department members were tested recently but fortunately both received negative results. The department is working with the information systems and building departments on the new Geographic Information Systems (GIS) program.

Police. Things are fairly quiet in the department right now. We are seeing some influx of students returning to their apartments, especially on weekends. While some students may leave their cars here, Chief Dave Kurz noted that the parking lot at the Lodges was pretty full and the lot at the Cottages was about half full. Property managers for sites throughout town have been doing a good job managing the situation. There have been complaints from some Durham residents seeing a lack of social distance with students. Officers then speak to the students and find they have been cooperative. Construction at the middle school will be discussed at the next Traffic Safety Committee meeting.

Building. Code Administrator Audrey Cline said the department will coordinate with the Public Works, Fire, and Police departments for construction at the middle school. Riverwoods is getting their final certificate of occupancy soon. The materials on the construction area across from Riverwoods on Stone Quarry Drive is owned by various subcontractors. It will be removed when their work is complete.

Planning. Town Planner Michael Behrendt noted that a number of larger projects have been in the works with the Planning Board, including Mill Plaza, expansion of the former Elizabeth DeMeritt House on Garrison Avenue for the ATO fraternity, and a 10-house subdivision off Gerrish Drive. We continue to see smaller projects including minor site plans and lot line adjustments. The Conservation Commission and Historic District Commission did not meet last month but they are meeting soon.

Economic Development. Director Christine Soutter has been working with a group of Council members and staff on some prospective changes to downtown zoning and RSA 79E (downtown revitalization). She is hoping that new rules will make the process more user friendly. She is working on getting information about where graduate students live and how much rent they pay. She noted that many live in Dover and some live in Newmarket, though Newmarket is less desirable for those without a car as UNH bus service there has been reduced.

Assessing. Assessor Jim Rice has been doing research on RSA 79E. The downtown revitalization statute allows for towns to freeze property taxes at the current level and not raise them due to the value of new development for qualifying projects in the downtown. There are challenges to using the program in Durham so we are exploring possible changes to our policy.

Recreation. Director Rachel Gasowski said they are busy revamping the department to be all virtual including providing for on line classes, such as Zumba and Tai Chi. They are working with Celebrate Durham for a virtual community concert at the end of April. The Memorial Day Parade will be all virtual. Other virtual events are planned such as a social distance 6K. There have been requests from parents for a virtual camp this summer. They are looking into offering a daily activity.  

Library. Director Sheryl Bass is the only person working at the library now that it is closed. Other staff are working at home on various library projects. Lots of people are calling the library. They are running out of things to read and want to get new books! The staff is trying to find a way for people to pick up books and not have any contact.  

Town Clerk. Town Clerk Lorrie Pitt said the new walk up window is working well though it is best for residents to conduct business on line, on the phone, or using the drop off slot. Residents can do everything through the window. Just ring the bell. But they still should call ahead for an appointment if one is needed. The state will now allow anybody to use an absentee ballot by mail for the November election. The election will be held as usual but there will probably be lots of absentee ballots. Lorrie said the law would need to change to allow absentee or mail-in ballots for anybody for all future elections. Now, you can use them only for religious reasons, if you are out of town, or have a physical/medical reason.  

Business Office. Business Manager Gail Jablonski said the auditors are sending requests for information and do not have to come in at this point.  Parking meters have been shut off since March so we are not getting that revenue. We are now revising the Town purchase policy.  

Information Technology. A request for proposal was sent out to create a new permitting system for the Building and Fire Departments. The program would allow applicants to go to the website, get a permit number and pay their fee without coming into the office. The department is getting quotes for smart television for the Bill Schoonmaker conference room at the Police Station.  

Other items. Town Administrator Todd said it is unclear right now how UNH will handle operations this fall. Unfortunately, there is no authoritative guidance on this, whether from the federal government, the governor, or health experts. the situation is very fluid. Todd noted that many colleges across the country are scaling back on various initiatives, particularly those considered risky. Some have not refunded room and board to students which has prompted lawsuits. Fortunately, UNH addressed this situation already. We hope that the coronavirus situation will not adversely affect the connection with the host community for professors and students who will be engaging on line rather than on the campus.