Friday Updates - November 1, 2013

NEWS AND HAPPENINGS ...

Friday, November 1, 2013

The Wicked Witch of the West attempts to take Dorothy on Wednesday this week during Durham's evening of trick-or-treating. Courtesy Todd Selig

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It was the night before Halloween and many children were out in Durham trick-or- treating. And so were Durham fire trucks! The A-Shift, made up of Captain Gary Kustra, Firefighters Scott Campbell, Ken Lundberg, Warren Kadden, and Andrew Brenner decided to sweeten the deal for the young trick-or-treaters. The shift collectively purchased candy to distribute in a few of the neighborhoods. They started at Daisy Avenue, moved to Davis Avenue, and finally on to the Faculty Development. The firefighters had fun watching the little ones climb in and out of the truck.

Maybe next year they will visit other neighborhoods in town.

LIN LIN CHOY FEATURED ON WMUR'S CHRONICLE

This week, Durham Parks & Recreation Tai Chi instructor Lin Lin Choy was featured on WMUR's Chronicle. To watch the segment, click HERE. Town Engineer Dave Cedarholm was interviewed, and if you look closely you will also see Town Planner Michael Behrendt working on his Tai Chi moves!

To find out more about dates and times when this class is offered, please refer to the Parks & Recreation Section below.

2013 STATISTICAL UPDATE OF DURHAM PROPERTIES HAS BEEN COMPLETED AND NEW ASSESSMENTS ESTABLISHED

In accordance with New Hampshire state law, the Town of Durham has completed the Statistical Update of all real property assessments with an effective date of April 1, 2013.

The tax year begins April 1st and ends on March 31st of a given year. Final notices regarding the new assessments of residential and commercial/industrial have been mailed and the values have been approved by the Town. At this point, the Town is waiting for the new tax rate to be set by the Department of Revenue Administration. The new assessments and tax rate will be used for the 2013 final tax bill which will be issued in December.

The Town of Durham engaged the services of three companies to help perform the Statistical Update of all property assessments throughout Durham. KRT Appraisal, LLC updated the assessments of the residential and vacant properties; Steve Traub of Property Valuation Advisors, LLC updated the assessments of the commercial/industrial properties; and George Sansoucy, PE, LLC updated the assessments of the utility properties and those with communication site leases.

All three companies worked in conjunction with the Assessor’s Office. Durham’s Assessor, Jim Rice updated the assessments of those properties owned by the University of New Hampshire. Although UNH is owned by the State of New Hampshire and is exempt from property taxation per RSA 72:23 I (d), the assessments of all exempt properties must also be revised anew once every five years per NH Constitution, Article 6. UNH provided the Town with value information for eachof its properties as part of the process.

The following data reveals the assessed value changes between 2012 and 2013 by property type.

Subtracting the exempt properties from the taxable properties reveals an average percentage change of less than 1% for all properties in Durham.

Assessments can be viewed on the computer in the lobby of the Town Office. There is also an Excel spreadsheet on our website, as well as at the Town Hall, showing 2012-2013 assessment changes for all properties in Durham.

The Vision database will be available again on the website starting November 7, 2013.

At this point, the Town awaits a date from the NH Department of Revenue Administration to set the 2013 tax rate. Tax rate setting is running behind schedule at the state level.

UNH OUTDOOR POOL UPDATE

NH Listens Process Cancelled at Request of Town in Favor of New Town/Gown Working Group

The University of New Hampshire and the Town of Durham continue to work toward a resolution for the future of the UNH Outdoor Pool.

Earlier this year, the University had proposed a public forum in the fall to gather additional community feedback related to the UNH Outdoor Pool and work was underway with New Hampshire Listens to plan this fall event; however, recent developments have prompted the Town to suggest that this forum might not be the most effective format for that purpose.

Instead, the Town has proposed the formation of a working group comprised of Town Council members, community members, and representatives of the University. Representatives from the Town will include: Council Chair Jay Gooze, Councilor Wayne Burton, resident Dudley Dudley, resident Kenny Rotner, resident Marjorie Wolfson, and Todd Selig.

There are several reasons for moving in this direction. First, the University has committed to maintain the current footprint of the pool (or at least to maintain as much of it as possible while still complying with federal and state health and safety regulations), provided that the Town would assist in the incremental cost of bringing the large pool up to appropriate modern standards.

To reinforce this commitment, the University is managing the planning process for the Hamel Recreation Center expansion to ensure that decisions being made now will not affect the current pool’s footprint, pending a decision by the Town about investment in the pool.

In turn, Administrator Selig has included the sum of $270,000 as part of the proposed 2014 Town budget to be utilized as a long-term (10+ years), annual municipal contribution toward the upgrade and future operation of the pool as part of a new memorandum of understanding (MOU) that would need to be developed between Durham and UNH. The MOU would address issues pertaining to access for residents, pricing, parking, programming, etc. The most current cost estimates range from $3.7 million for a 10,000 sq. ft. pool to $6.6 million to retrofit the existing facility and bring it up to modern standards.

Finally, the need for action now from the perspective of the University has been clarified recently by the New Hampshire Department of Environmental Services which has concluded its review of the UNH Outdoor Pool and has conveyed to the University that the structure is, in fact, a swimming pool (rather than a “modified flow through pool”), and that it is subject to compliance with regulations affecting all of the state’s public bathing facilities.

To the extent that these developments bring clearer focus to the discussion, a working group seems like a more effective strategy to ensure appropriate input than a single public event.

The University’s decision to retain the option of the larger pool (and to limit current consideration of options for expansion of the recreation center that would impinge upon that footprint) pending the Town’s opportunity to consider making this investment in the larger pool represent a meaningful compromise between UNH and the Town of Durham and provides the structured process necessary to problem solve and find mutually beneficial solutions.

Should the Town Council ultimately opt to eliminate proposed funding toward the preservation of the existing pool, UNH would still intend to move forward with the construction of a pool facility that would be open to the broader community.

The University has confirmed that the UNH Outdoor Pool will not be open for the 2014 season, however, we collectively hope to have the new facility, in whatever form it will ultimately take, under construction by springtime for a summer 2015 opening.

Copies of the proposed FY 2014 budget and CIP were distributed to Councilors today.

Courtesy Todd Selig

ADMINISTRATOR’S PROPOSED 2014 OPERATIONAL AND CAPITAL BUDGETS & PROPOSED 2014-2023 CAPITAL IMPROVEMENT PLAN

In accordance with the Town Charter, the Administrator’s proposed 2014 Budget, which includes the General Fund, Water Fund, Sewer Fund, Library Fund, Parking Fund, Depot Road Lot Fund, Churchill Rink Fund, Stone Quarry TIF Fund, and Downtown TIF Fund budgets, as well as the Administrator’s proposed 2014-2023 Capital Improvement Plan was made available to the Town Council.

The proposed budget once again allocates limited resources, supports funding for targeted initiatives, and is intended to generally sustain and in some circumstances enhance the current level of municipal services available to residents and taxpayers of Durham.

Durham has responded to a challenging economic environment

Much progress has been made in our collective efforts to make Durham a better place in which to live, work, and play over the last several years. We have worked hard to spend the taxpayers’ money wisely and have provided the maximum number of desired services possible within the limits of the Town budget. Every effort continues to be made to stabilize the cost of the various services the municipality provides.

Like many other communities throughout the state, the tax rate is significant and today, following the Great Recession, it places a particularly heavy burden on the property taxpayer. I note again what I have made plain in prior budget transmittals: Unless some additional means of financing the requirements of local government can be found, this burden will continue to increase, particularly amidst an environment of downshifted costs from the state, additional Federal regulations, and limited revenue streams available to NH municipalities.

Fiscal Year 2014 Budgetary Proposal

This year’s budget cycle has resulted in a proposed 2014 General Fund budget totaling $13,612,993.00, a spending increase of $905,435 or 7.13% compared to FY 2013. Non-property tax revenues are expected to increase in FY 2014 by $295,961 or 5.5% to $5,672,456. In total, this year’s budgetary proposal is projected to increase the 2014 local municipal portion of the tax rate by 36 cents (or 4.35%) to $8.63 from the estimated 2013 level of $8.27. If recommended General Fund funding – totaling $270,000 -- allocated as an annual contribution toward preserving as close to possible the existing footprint of the UNH Outdoor Pool (see description below) were removed, the municipal tax rate increase would be .97%. A .97% tax rate increase is consistent with the Town Council’s general request to the Administrator that the proposed 2014 projected rate be no more than the projected percentage increase in the tax base as a result of new economic development projects coming on line. In 2014, the tax base is projected to increase by $11 million or approximately 1.2%.

For comparative purposes, the twelve-month August 2012 to August 2013 Consumer Price Index (CPI-U) numbers are: U.S. City Index – 1.5%, Northeast Urban Index – 1.5%, and Boston-Brocton-Nashua-MA-NH-ME-CT – 1.9%.

A listing of highlights from the proposed FY 2014 budgets follows:

General Government

The historic 42,000 sq. ft. 1938 UNH Outdoor Pool does not meet modern health and safety standards and UNH has offered to allow the Town to bridge the gap between a modern pool that meets the University’s own programmatic needs and the Town’s desire to preserve, as closely as possible, the existing footprint of the present structure. The sum of $270,000 is included as part of the proposed budget to be utilized as a long-term, annual municipal contribution toward the upgrade and future operation of the pool as part of a new memorandum of understanding (MOU) that would need to be developed between Durham and UNH. The MOU would address issues pertaining to access for residents, pricing, parking, programming, etc. The most current cost estimates range from $3.7 million for a 10,000 sq. ft. pool to $6.6 million to retrofit the existing facility and bring it up to modern standards. The pool is not anticipated to be open for the 2014 season.
A 2% pay increase is budgeted for non-unionized personnel, as is a 1% pool of funds for market-based wage adjustments, if necessary.
In FY 2001, the Town had 85.6 full-time equivalent (FTE) employees. Despite the implementation of new programs and initiatives since that time, we were successful over the years in identifying strategies to increase efficiencies and trim our workforce. Staffing had decreased to 82.8 employees by 2009. However, additional programmatic demands over time have necessitated adding additional personnel. The FY 2014 budget includes 91.7 FTE’s. These include a part-time Information Technology position to assist in managing the technology function for Durham serving all departments. An additional police officer is included for a total of 20 officers at the Police Department. A full-time assistant code/zoning officer is included in 2014 to better address neighborhood issues as well as to help keep up with Durham’s present building boom.
A total of $50,000 is budgeted in 2014 to bring on a part-time or contracted economic development practitioner. Offsetting funding will come from the UDAG account. Unless an ideal candidate can be found, funding will remain unexpended.

Police Department

The department’s 19th full-time police officer position which had been cut by the Administrator in 2009 due to budget constraints, restored by the Council in 2010, held vacant for the majority of 2011 by the Administrator, and then eliminated for 2012 as a cost savings measure was restored for 2013. The department requested two additional officers in 2014. While the Administrator believes strongly that two additional officers are warranted, because of budget constraints only one additional officer, a 20th, is included in the FY 2014 budget. The 20th officer would be utilized as a Problem Oriented Policing (“POP”) officer, an initiative in which the Rental Housing Commission and the Council have both expressed interest. In addition, a $125,000 Federal COPS Grant has been awarded to the Town to partially offset the cost of this new position.
Ongoing replacement of two of the department’s 8-cylinder Crown Victoria Police Interceptor vehicles with more fuel-efficient 6-cylinder Ford Explorers budgeted in 2014 at a cost of $62,000.
$45,000 was requested to support the cost of a building needs analysis/design for long term police facility planning but due to budget constraints the request was delayed until 2016.

Fire Department

In accord with our Kaizen and sustainability efforts, the Fire Department, in conjunction with representatives from the Town and UNH, was able to develop an innovative long-term funding solution to address the department’s 25-year capital item replacement program by calculating an inflation adjusted yearly contribution to the Fire Equipment Replacement Capital Reserve Fund. This annual contribution would eliminate the need to bond department-wide capital items (exclusive of a new station or new fire trucks) thereby eliminating approximately $80,000 in annual debt service cost, enhancing predictability in our funding stream, and eliminating the peaks and valleys associated with the long-term capital needs of the department – a win/win arrangement for both Durham and UNH (which supports 50% of the cost of the department). The Town partially implemented this program in FY 2011 by adding $98,400 to the fund and contributed another $40,000 in FY 2012. $150,000 was appropriated for FY 2013. $75,000 is budgeted in 2014, which will adequately meet the program’s needs.

Public Works

The road program is funded through the operating budget at $283,431 for FY 2014. Targeted roadways include a 1” overlay for Bayview Road, Beards Landing, Briarwood Lane, Bunker Lane, Cutts Road, Denbow Road, Ffrost Drive, Littlehale Road, Woodside Drive, and the new Town Hall Lot at 8 Newmarket Road. Two roads recommended by Public Works were postponed by one year by the Administrator for cost savings reasons: Petteebrook Lane ($23,747) and Stone Quarry Drive ($32,526).
$499,500 is budgeted for the continued development of a Stormwater Management System Capital Improvement Plan in accordance with our Federal MS-4 permit and implementation of that plan which includes monitoring, repairs, and improvement projects according to a prioritized project list. The project will encompass identifying/mapping catch basins and stormdrains in Durham, installing biorentention structures (rain gardens and gravel wetlands) to treat stormwater, in addition to water quality monitoring. This program will ultimately improve water quality and sustainable practices to protect Durham’s natural resources. The program is funded 50/50 between Durham and UNH.
$173,745 is budgeted to replace the Town’s 351 Cobra Head Style inefficient high-pressure sodium and metal halide municipal streetlights with energy efficient L.E.D. street lighting. The project was included for 2013 but contingent on grant funding. Despite our efforts, no grant monies have been found in 2013. Staff recommends moving forward with the project in 2014 without grant funding as part of our sustainability efforts.
$68,800 is included to replace the 3,695 ft. long, 5 ft. wide bituminous asphalt sidewalk and concrete curbing installed in 1977 along Coe Drive. This sidewalk links the Oyster River Middle School to the Oyster River High School and will be accomplished in conjunction with the 2015 Road Program as Coe Drive will be resurfaced. (The new sidewalk should be installed prior to roadway improvements.)
The 2250 linear ft. Bagdad Road sidewalk will be replaced in 2014 at a cost of $51,800. The project includes 810 linear ft. of new granite curb and the resetting of 615 ft. of granite curb. (See “Sidewalk Improvements” CIP item for a description of this and other sidewalk projects planned for future years. The Public Works Department will be enhancing its sidewalk planning program in 2014 for a clearer picture of future capital needs to maintain and potentially improve Durham’s pedestrian environment.)
The downtown parking lot (metered lot) on Pettee Brook Lane is recommended to be resurfaced in 2014 to include a reconfiguration to provide additional wetland buffer and possible walking path along the brook to coincide/connect with the Golden Goose project at Madbury Commons. The cost is $125,000 being funded through impact fees.
$136,000 is included for the replacement of a 35,000 lb. GVW Public Works dump truck with flow body, side wing, and front plow. Truck #1 is a 2001 International dump truck with 5,981 hours and 13 years of service. It is a front line piece of snow fighting apparatus. (This truck was originally scheduled to be replaced in 2013 but was moved out to 2014 by the Administrator as a cost containment strategy last year. There are six dump trucks in the DPW fleet.)

Library

$84,887 is included in 2014 to support bringing the Assistant Library Director and the Children’s Librarian from 33 hours per week to full-time status qualifying them for full-time benefits. In addition, the Library has conducted salary surveys for each of its positions and the Trustees have determined that Durham’s Library staff is significantly underpaid when compared to the market. Although the Trustees requested making a one-time wage adjustment to address this inequity, the cost was too high for a single year and as such, the Administrator (who also believes the staff is underpaid when compared to the broader market) is proposing phasing the increases over three years.
$12,338 is included to pay for the incremental additional cost of operating the new Library at 49 Madbury Road for a full year versus the 6 months budgeted in 2013.
The $4.8 million Library project was completed by the Town of Durham in 2013 receiving numerous accolades from the community. The project came in under budget by approximately $250,000 due to the diligent work of all involved. Approximately $50,000 will be utilized from this amount in late-2013 to install an emergency generator at the facility, as well as to electronically connect and equip the public meeting space on the second floor of the Library to DCAT/Channel 22 so that live broadcasts of meetings and presentations may take place for the benefit of the community. The residual, approximately $200,000, will be applied toward reducing debt service for the Library project in 2014.

Water Fund

$1,378,000 is included in 2014 to bring the Spruce Hole well on line. The cost is to be shared between Durham ($459,333) and UNH ($918,667) on a 1/3, 2/3 basis. $302,000 (supported 2/3 by UNH) was budgeted in 2013 for design associated with the Spruce Hole Well development project with an estimated construction date of 2014. The Town’s Master Plan and 2004 Water Allocation Report calls for the development of the Spruce Hole Aquifer (this is distinct from the Spruce Hole Bog) as the next water source for Durham and UNH.
$70,000 is budgeted for design services to address the Wiswall Dam spillway. The Wiswall Dam was constructed in 1912 and although the abutments have been rehabilitated, including complete replacement of the left abutment in 2011, the spillway has not had any attention in all of these years. It is estimated the cost of spillway repairs will be $465,000 in 2015.

Sewer Fund

For 2014, projects included in the Capital Fund budget include: WWTP Phase III improvements ($230,000), Wastewater Facilities Plan improvements ($560,000), a diesel generator replacement ($425,000), a chemical disinfectant building design ($63,000), and various collections system upgrades ($50,000). Funding sources for most items in this fund are shared 2/3 UNH, and 1/3 Durham.

General Fund Revenues

To supplement General Fund revenue in FY 2014 and in light of the lingering effects of the Great Recession, this budget proposal again reflects a transfer of approximately $60,000 from the Depot Road Parking Fund to the General Fund (this was done as well in 2010, 2011, 2012, and 2013).
A new cable franchise fee associated with the Town’s franchise agreement with Comcast for television service is estimated to generate around $100,000 in revenue to offset DCAT/Channel 22 expenses, as well as supplementing the General Fund. While these revenues will generally be utilized to offset DCAT/Channel 22 expenses, they are not restricted to this use and could be utilized for other purposes as approved by the Town Council.
The sale of 37 Main Street (the Grange project) will generate $58,533 in 2014.

To view the full budget letter, Click HERE.

A hard copy of the budget and CIP documents are available at the Town Offices and the Durham Public Library.

Electronic versions will shortly be posted on the Town web site for easy access by residents.

ADMINISTRATOR SELIG CONSIDERS SUSPENDING FEE FOR HEALTH AND SAFETY INSPECTION PROGRAM UNDER THE HOUSING STANDARDS ORDINANCE | Over 1,800 violations found to date as part of new program by the Fire Department in Durham rental properties

The new Health and Safety Inspection Program for all rental units in town as part of Durham’s Housing Standards Ordinance, overseen by the Fire Department, was estimated to generate approximately $70,000 in revenue in 2013 and again in 2014. As of October 16, 2013 (week 37 of the program), the department had inspected 675 rental units in Durham and identified over 1,800 violations within rental properties to date.

Because of the large number of deficiencies found by the Fire Department in 2013 as part of the program, unless otherwise directed by the Town Council, the Administrator is planning to suspend implementation of the fee schedule for 2013 and 2014 in order to enable property owners with rental apartments to utilize monies that would otherwise be paid to the Town -- to be used instead toward addressing deficiencies that might exist within their properties. The 2014 proposed budget will take into account this reduction in forecasted revenue.

The Town’s overarching goal as part of the Housing Standards Ordinance has been on the safety of housing stock in Durham, not revenue generation, and the Administrator believes this approach is consistent with that fundamental underlying goal of the Town – safe housing.

Under the Administrator’s envisioned plan, property owners who have already paid a fee for the inspection in 2013 would be reimbursed. In 2015 and 2016, eligible property owners would be able to take advantage of the self-inspection provision of the Housing Standards Ordinance. Longer-term, the Administrator will revisit the fee schedule itself.

Some facts regarding the program to date. As of October 16, 2013 with the rental housing program, the Fire Department has:

Inspected a total of 675 rental units.
Conducted 44 re-inspections, and is currently scheduling a higher number to catch up to the back log of re-inspections.
Recorded over 1,800 violations throughout all the inspections, which is leading to the higher re-inspection time needed.

According to the projected inspection schedule, the department is ahead of the 555 total number of rental units scheduled to be inspected by week 37.

The staff at the Fire Department has expressed concern with the high number of violations discovered as part of the inspection provision for rental properties as part of the Housing Standards Ordinance, and is working closely with landlords to correct these deficiencies in a cooperative manner.

Winning logo entry submitted by Debbie Jarvis

RESIDENT DEBBIE JARVIS WINS DURHAM AGRICULTURAL COMMISSION LOGO CONTEST

Congratulations to Durham resident Debbie Jarvis for submitting the winning entry in the Agricultural Commission's logo contest! Look for the logo on "Ag Comm" workshop announcements and other materials in the months ahead."

SPECIAL TOWN ELECTION - FEBRUARY 4, 2014

In October the Town Council requested the Governor and Executive Council to schedule a special election for the purpose of filling the vacancy of the seat formerly held by Representative Philip Ginsburg as soon as possible.

The period for declaration of candidacy has closed with two persons filing for the District 6 seat: Democrat Amanda Merrill of Durham and Republican Deidre Lepkowski of Madbury.

Because there is not a contested race within each party, the primary election is cancelled and the actual election will occur on the primary date -- December 17th.

TOWN COUNCIL PUBLIC HEARINGS - NOVEMBER 4, 2013

On November 4, 2013, the Town Council will hold public hearings on two resolutions:

A resolution authorizing the acceptance of $22,371.90 in unanticipated funds from the State of New Hampshire Department of Safety for FEMA Declaration #4105-DR-NH following the February 8-10, 2013 winter snow storm; and
A resolution authorizing the acceptance and expenditure of a grant in the amount of $125,000 from the US Department of Justice Community Oriented Policing Services (COPS) for the purpose of hiring a police officer.

To veiw the resolutions, click HERE.

WNTER PARKING BAN

The Durham Winter Parking ban commences today November 1st and will be in effect through April 1, 2014. As many know, parking on Main Street, Jenkins Court and any Town owned parking lot is prohibited between 1:00AM and 6:00AM throughout the year. But the Winter Parking ban prohibits parking ON ANY STREET from November 1st to April 1st between 1:00AM and 6:00AM. As the ordinance states, “Any vehicle so parked during the prohibited hours and dates shall be subject to being towed away at the owner’s risk. The owner or owners shall be required to pay all towing costs and a fine before the vehicle is released.” For the first week, the Durham Police will endeavor to issue warnings designed to remind everyone of the Winter ban but were a surprise snowstorm to occur next week, there should be an awareness that vehicles may be towed to allow for Durham Public Works to more effectively plow the streets and roadways of Durham.

SRO Holly Malasky and husband Rick with baby Quinn Grace

BABY BRAGGING ... NEW ADDITION TO THE DURHAM POLICE FAMILY!

School Resource Officer (SRO) Holly Malasky and her husband Rick welcomed their first child Quinn Grace Malasky on October 29th. Quinn arrived several weeks early but came in at a solid 5 lbs. 14 oz.! Both Mom and daughter are doing excellent. Rick is the Public Works Director/Fire Chief in Newmarket.

COUNCIL-INITIAITED ZONING CHANGE TO BE CONSIDERED BY PLANNING BOARD ON NOV. 13th

Through local zoning, the Town has utilized student housing as a driver to bring other benefits to the community, especially in the downtown, including redeveloping blighted or unattractive sites, adding commercial uses, and building site improvements. Madbury Commons is a good example. The developer will clean up Pettee Brook and build new bridges across it and create extensive appealing public spaces – the Court or Boulevard, the pedestrian passage and square through the development, and the plaza and walkway along the brook. If the demand for student housing diminishes greatly, our ability to leverage these positive improvements will likewise diminish.

Councilors Jay Gooze, Jim Lawson, Carden Welsh, and Administrator Selig suggested the Town Council initiate a zoning change that would accomplish the following:

Change Mixed Use Residential in the Central Business and Church Hill districts from permitted to conditional use;
Modestly increase the minimum lot area per dwelling unit in the Central Business and MUDOR districts;
Set the maximum number of bedrooms per dwelling unit in Multi-Unit and Mixed Use residences at four;
Prohibit new basement dwelling units in Multi-Unit and Mixed Use residences; and
Allow for flexibility in the arrangement of Nonresidential Uses in the Central Business district by conditional use.

Amendment #1 will give the Planning Board more discretion in reviewing new student housing projects and a greater ability to stipulate appropriate conditions to mitigate potential impacts. There are two categories of uses for student housing – “Residence, multi-unit” and “Mixed Use with residential (office/retail down, multiunit residential up.” Presently, both are allowed only by conditional use except for the latter category, which is permitted by right in the Central Business and Church Hill Districts. With this change these two uses will be allowed only by conditional use, wherever the uses are allowed.

Amendment #2 modestly increases the minimum lot area per dwelling thereby reducing the density.

Amendment #3 should help to accomplish three things: a) make dwelling units more readily convertible for non-student use as conventional apartments rarely have more than four bedrooms; b) make it less likely that a party atmosphere will be created with a reduced number of occupants; and c) provide more specificity under the ordinance for the density of occupants. A zoning ordinance should provide clarity for the permitted density. Ordinarily, dwelling units per acre provides this as few units have more than four bedrooms. In a college town the limit of the number of bedrooms is much more elastic, with some buildings potentially 8 or more bedrooms per unit.

Amendment #4 should enhance the quality of the residential units. Allowing basement units, in many cases, permits developers to cram in an inordinate number of beds. Stipulating that units must be located above ground on the first, second, and/or third floors also adds to clarity as to the number of units that could be built and where they will be built.

Amendment #5 will provide flexibility for the physical arrangement of the nonresidential space required within a mixed use buildings in the Central Business District (Note that no change to the arrangement of nonresidential in the Church Hill District is proposed as part of this amendment). On a case by case basis, the Planning Board could, by conditional use, approve a different arrangement as long as the residential to non-residential ratios were unchanged. For example, on a large, deep, irregular lot with multiple proposed buildings (such as the proposed Madbury Commons), it might make more sense to place all of the commercial on every floor of one or two buildings fronting on the street.

The Council referred the proposal to the Planning Board, which Wednesday evening scheduled a public hearing on the ordinance change for November 13th. Any new applications submitted to the Town must now meet the more stringent of this proposal or the existing zoning until such time as the proposal is adopted or rejected by the Council.

A photograph of the Bagdad Road Pond illustrating algae blooms across much of the surface area of the pond. The algae is caused primarily by nitrogen in lawn fertilizer applied by residents in the nearby neighborhoods.

Courtesy Dave Cedarholm

LAWN FERTILIZER SURVEY - Residents may receive a call from the UNH Survey Center on behalf of Durham and UNH in an effort to help inform our Integrated Wastewater Plan development intended to protect the Great Bay Estuary

The Oyster River Integrated Watershed Plan development team (Durham DPW, UNH Facilities, and the project consultants VHB and W&C) and UNH Survey Center have developed a telephone survey, which was initiated yesterday, to obtain important information regarding lawn fertilizer use in Durham.

Fertilizer is one of the largest non-wastewater sources of nutrients in the Oyster River Watershed (and Great Bay) and is the primary cause of damaging algae blooms in the rivers and ponds in Durham. It is important for the Town to verify some key information that has been used by the New Hampshire Department of Environmental Services in their nutrient loading model for the Great Bay Watershed, and as it relates to the model the team is developing for the Oyster River Watershed. The above photo taken this morning is of the algae bloom in the Bagdad Road pond.

We are hopeful that this survey and a subsequent educational program aimed at assisting residents with informed decision making about fertilizer use will be a cost-effective nutrient management activity for Durham. This phone survey will provide both verification of nutrient management practices on private property and also help as we develop fertilizer management educational programs.

The phone survey will be conducted by the UNH Survey Center from Huddleston Hall on the UNH Durham Campus. The questionnaire has been developed to be about 5-7 minutes in length and will be a random digit dialing survey of 450 year-round Durham residents. The survey is scheduled to be completed by the 31st of October. The survey has been pre-tested. The survey has been largely based on previously conducted surveys developed on this same topic in NH and other states working to resolve nutrient pollution issues.

VETERANS DAY HOLIDAY - MONDAY, NOVEMBER 11TH

All Town offices will be closed in observance of Veterans Day, Monday, November 11, 2013. There will be NO CHANGE TO THE REFUSE AND RECYCLING SCHEDULE that week. As always, all items should be out by 7:00 AM on their regular day of pick up.

SURVEY REGARDING A LOCAL FOODS CENTER IN DURHAM

A Durham citizens group invites its fellow citizens of Durham, Lee, and Madbury communities to take a 3-minute questionnaire on the topic of building a local foods center in Durham.

If you would like to share your opinions on this prospect, please go to the link below to take the questionnaire.

https://www.surveymonkey.com/s/X6M3FH9

PLANNING BOARD HAPPENINGS

The Planning Board is holding public hearings on five projects on November 6:

118 Piscataqua Road. Formal application for Site Plan and Condominium Conversion for a 4-unit condominium for seniors. Submitted by Alexander Bakman; Corey Colwell, MSC Engineers, engineer/Surveyor; Scott Hogan, attorney. Tax Map 11, Lot 24-4, Residence C Zoning District.

25-35 Main Street. Formal site plan application to redevelop three lots into a mixed-use student housing development. The proposal involves rehabilitating the houses at 25 and 35 Main Street, demolishing the houses at 27 and 29 Main

Street, demolishing or relocating the barn in the rear, erecting two new houses fronting on Main Street, erecting two large new buildings, one in the rear and one fronting on Main Street. Orion Student Housing, Bill Fideli and Philip Wills,

applicant; Bob Clarke, Allen and Major, engineer; Lisa DeStefano and Adam Wagner, DeStefano Architects, architect; Tim Phoenix, attorney. Tax Map 5, Lots 1-6, 1-7, and 1-8, Central Business Zoning District.

17 & 21 Madbury Road. Design Review for site plan and conditional use application for “Madbury Commons,” a complete redevelopment of a multifamily site known as “The Greens” for mixed use project with multifamily housing for 460 +/residents, office/retail, a new street, public spaces, and parking. Golden Goose Properties c/o Barrett Bilotta, applicant; Rose Lawn Properties c/o Laura Gangwer (owner of 17 Madbury); GP Madbury 17 c/o Barrett Bilotta (owner of 21 Madbury), owners; Michael Sievert, MJS Engineering, engineer; Shannon Alther, TMS Architects, architect. Tax Map 2, Lots 12-3 & 12-4. Central Business Zoning District.

15 Madbury Road and 8 Mathes Terrace. Design review for site plan application for redevelopment of two residential lots for a three-story mixed-use student housing development. Submitted by Kostis Enterprises LLC and Theodore

Finnegan; David Garvey, agent; Michael Sievert, MJS Engineering, engineer; Robin Wunderlich, designer. Tax Map 2, Lots 12-5 and 12-6. Central Business Zoning District.

Main Street and Pettee Brook Lane. Design review for a site plan for major redevelopment of three lots for mixed-use project with retail, restaurants, office space, UNH Interoperability Laboratory, parking garage, public town

square, and student housing (300 beds). Durham Development Associates, LLC/Sora Development, c/o Tim Elliott, developer; Glen Tipton, Hord, Coplan, Macht, Architect; Gamma Theta (Alpha Theta Omega), Chittenden

Corporation (People’s National Bank), Town of Durham (parking lot), property owners. Tax Map 2, Lots 14-2, 14-5, 15-1.

FALL CLEANUP OF LEAVES AND BRUSH BEGINS NOVEMBER 4TH

Curbside collection of brush will begin on Monday, November 4, leaves November 11, 2013. Everything must be curbside no later than 7AM that Monday. Leaves should be placed in paper leaf bags (remember, plastic bags are not recyclable). Paper bags may be purchased at Town and Campus, Durham Marketplace, and stores such as Lowes. Loose leaves will not be accepted but may be brought to the Transfer Station & Recycling Center on Durham Point Road. Brush should be placed in one direction, bundled and tied with string (no wire please). Brush and limbs must be no greater than 5 feet in length and 5 inches in diameter. No stumps will be accepted. The amount of brush and limbs is limited to one truckload per household. Cutting off small limbs from branches will help maximize each load.

CHURCHILL RINK AT JACKSON'S LANDING NOW OPEN FOR SKATE!

For details on the schedule, please go to https://www.ci.durham.nh.us/churchillrink or call the rink at 868-3907.

Public Skate Schedule:

Monday, Wednesday, Friday: 2:00pm - 3:20pm

Tuesday's:12:00pm - 4:20pm

Thursday's: 12:00pm - 1:50pm

Saturday & Sunday 2:00pm -3:45pm

Public Skate Admission: $5.00 (13 and up), $3.00 Child (12 & Under)

Individual Season Pass $75.00

Family Season Pass $150.00

Open Stick & Puck (unstructured hockey)

Monday - Friday 10:50am - 11:50am

Sunday 11:00am - 12:20pm

$5.00/pp

Drop in Hockey (limited to 20 and 2 goalies, full gear required)

Monday, Wednesday Friday 12:00pm - 1:20pm

Monday & Wednesday 3:30pm - 4:50pm (ends November 13th)

Friday 8:00pm - 9:20pm

Sunday 9:30am - 10:50am

$10/pp

Family Pond Hockey (Helmet required)

Sunday 12:30pm - 2:00pm

$5.00/pp

THE LATEST PRODUCTIONS FROM DCAT STUDIOS

Explore the Beautiful City of Prague with Hana Bartos -Sunday’s @ 1:30 PM - Run time: 1:07

Join Hana Bartos, Durham resident and Prague native, for an armchair journey through the beautiful city of Prague. Learn about its rich history, culture, great food and music. Prague is, without a doubt, one of most gorgeous cities in the world. This video is also available on our On Demand site. This is an original DCAT 22 Studios Production.

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Climate Adaptation with Dr. Cameron P. Wake - Sunday’s @ 8:30 PM - Run time: 1:42

Join Dr. Cameron P. Wake, Research Associate Professor & Kyler Pimental, Senior Regional Planner of the Strafford Regional Planning Commission in a community conversation about climate change, sea level rise, and local preparedness for severe weather events. This video will help you understand the potential impacts of climate change and hearing more about the Town’s recently developed Climate Adaptation Chapter. This video is also available on our On Demand site. An original DCAT 22 Studios Production.

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New Hampshire and the Greater Dover Economy; an armchair discussion - Sunday’s @ 4:00 PM - Run time: 1:38

Join Moderator, Michael Bolduc as he chats with Department of Resource & Economic Development Commissioner Jeff Rose and Dover Economic Development Director Daniel Barufaldi as they present: New Hampshire and the Greater Dover Economy; an armchair discussion. DCAT Studios travelled to the Three Chimney’s Inn to record this event. This video is also available on our On Demand site.

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New Video - Durham Public Library Grand Opening - Sunday’s at 7:00 PM -Run time: 1:04

Check out the latest release from DCAT Studios. If you were unable to make it to the Durham Public Library’s Grand Opening, that’s okay, DCAT Studios was there to capture some of the festivities. Watch your host, Richard Belshaw interview Town Administrator, Todd Selig, Library Director, Tom Madden…and more. Hear the opening remarks and watch as local resident Mica Wishengrad cuts the ribbon. These are only a few of the fun and interesting clips you’ll see in this video. This video is also available on DCAT On Demand.

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Gundalow “Journey Up River” - Sunday’s @ 8:10 PM

Gundalow “Journey Up River” is an archive video from DCAT Studios. Please join the Captain and his volunteer crew as he navigates the tricky waters of the Oyster River. The scenery is beautiful, along with excellent information about how important the gundalow was that sailed the waters of the Oyster River and the Great Bay Area years ago.

MEETINGS: SCHEDULE AND VIDEO ON DEMAND

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

Town Council - Monday, November 4, 2013. To view an agenda and other information, click HERE.

Planning Board - Wednesday, November 6, 2013. To view an agenda and other information, click HERE.

Historic District/Heritage Commission - Thursday, November 7, 2013. To view an agenda and other information, click HERE.

All meetings recorded on DCAT are available on DVD at the Durham Public Library for checkout and viewing.

VIDEO ON DEMAND: Meetings can also be viewed via Video on Demand. Interested viewers can access the streaming site from the Town’s website at http://ci.durham.nh.us/ by clicking the DCAT on demand logo, or directly at http://dcat.pegcentral.com/.

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

DCAT Programming Schedule, please click HERE.

PARKS AND RECREATION PROGRAMS AND EVENTS

Durham Parks and Recreation, its Director and Committee, strive to offer a wide range of quality programs, parks, and facilities that encourage all community members to participate in healthy, fun, and enriching activities. Together, they celebrate the essential role public recreation plays in fostering a cohesive and vibrant community.

Last Friday, during A Spooktacular Day in Durham, families enjoyed ice skating, games, storytelling, treats, pumpkins, cookie decorating, and much more! A big "thank you" is extended to the members of Alpha Phi Sorority for volunteering during this great event.

Courtesy Stefanie Frazee

Coming Soon – Yoga for Seniors

Email sfrazee@ci.durham.nh.us for more information.

DPR Climbing Club – Last Chance to Sign Up

We are accepting registration forms through Monday, November 4th. Find out more HERE.

Yoga – New Thursday Night Session

Join us every Thursday from 5-6PM. Convenient time, location, and price!

DON'T MISS THESE UPCOMING EVENTS

Feather Fest (previously Turkey Trot) – November 28th 10-11AM @ Wagon Hill Farm (festive story and walk, refreshments, games, FREE).

Sponsored by Durham Parks & Recreation and ORPP.
Tree Lighting Celebration – December 6th 6-8PM @ Main Street

(special guests, tree lighting, crafts, giveaways, FREE).

Volunteer With DPR

Do you like being outdoors? Do you have a group looking for ways to be more involved and give back to the community? Contact: sfrazee@ci.durham.nh.us to learn about local volunteer opportunities.

Get FIT with DPR:

HoopFit: Tuesdays, 5:30-6:30 PM (beginning Oct 1st), $10/class. (Classes take place at ORMS Multipurpose Room)

Yoga: Mondays - 5PM; Tuesdays - 7:15PM; Thursdays - 6:00AM & 5PM

Boot Camp: Wednesday/Friday – 7AM
Pilates: Monday - 8AM; Wednesday - 6:30PM; Saturday - 10AM

Zumba: Monday/Wednesday - 5:30PM; Saturday - 9AM

Strength & Stretch: Wednesday/Friday - 8AM

Tai Chi Beginner/Advanced: Friday – 4-5:30PM

Tai Chi Moving for Better Balance: Tuesday/Thursday - 9-10AM

Find out more here: http://www.ci.durham.nh.us/calendar?departments=283

COMMUNITY PROGRAMS AND EVENTS

Neptune's Car, Saturday, Nov 2, 2013, 7PM, Durham UU Fellowship, 20 Madbury Road. An acoustic due from Massachusetts and New Hampshire who play original Contemporary Folk music. Tickets at the door. Children are free. For more information contact malcolmsmith@comcast.net

Oyster River 5th/6th Grade Football Championship Game, Sunday, Nov 3, 2013, UNH Cowell Stadium. 9:30 AM kickoff. Undefeated OR team will play Portsmouth.

Annual Food Drive, OR Bus Drivers Association is teaming up with the OR Children's Nutrition Program to host a Spaghetti Dinner on Thursday, Nov 7, 2013, 5-7PM, at the ORHS. The Bus Drivers Association has offered to extend its FEED OUR BUS campaign to that evening. $7/person; $15/family

UNH Serves, Saturday, Nov 16, 2013. UNH students will participate in community service projects in Durham, Dover, Portsmouth. Looking for projects such as yard work, cleaning, painting, etc. For more information contact Mary Faucher, 603-862-2268, mary.faucher@unh.edu.

2nd Annual DPMMA All University Floor Hockey Tournament to Benefit SHARPP, Saturday, Nov 16, 2013, Hamel Rec Center, UNH Campus. $10 per player-5 player minimum. Get entry forms HERE.

Durham Garden Club - Tuesday, Nov 26, 2013, 6:30 PM, Durham Public Library. O'Donal's Nursery owner, Jeff O'Donal of Gorham, Maine, will give an up-to-date review of the trees and shrubs that were give the Cary Award in recognition of their beauty, hardiness, and suitability for New England. Free and open to the public.

DURHAM PUBLIC LIBRARY PROGRAMS AND EVENTS

The Friends of the Library present CARPE LIBRI DAYS!

Just in time for the holidays, join the Friends for a special three day event featuring over 200 gorgeous coffee table books. Browse while catching up with new and old friends over cider and cookies upstairs in the Oyster River Room. All proceeds support library programs.

The sale opens on Thursday, November 14th from 2:00pm to 8:00pm and continues on Friday, November 15th from 10:00am to 5:00pm and Saturday, November 16th from 10:00am to 4:00pm.

The Durham Public Library is located at 49 Madbury Road. 868-6699

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Baby Lap-Sit! For infants to age 2 with their caregiver, Sat. Nov. 2nd at 10:30 a.m. - Join us for stories, fingerplays and songs. There will be a time after for you and your baby to play and socialize with other parents and babies. This program is geared to ages 2 and under with their parent/caregiver. All are welcome.
McGregor Memorial EMS Babysitting course, Sat. Nov. 2nd 10-3 pm - This course is designed to certify kids 12 & up who are looking to, or already babysit. They will get a CPR and First Aid certification, learn about safety, how to handle emergencies, care and feeding of infants and children, the business aspects of being a babysitter, and more. All students will receive a Babysitting certification. The Community Babysitting Classes cost $35 and payment is due upon registration. To register visit www.mcgregorems.org or call 603-862-3674.
The Library Book Drop Box has been moved. - You will notice we have moved our outside book drop box! The old location tended to block traffic, and plowed snow would have covered the door. It is now further around the circle, where there is more room to pull your car over and hop out for a minute to return your books. Please remember that the box is for Library materials only; donations must be brought inside.
Looking to dispose of your used batteries and ink cartridges? – You can bring your used batteries and ink cartridges to the boxes located in the library under the catalog computer near the circulation desk.
Chess and Board Game Afternoon (ages 10 & up), Monday Nov. 4th 3:00-4:00 p.m. – Join us every Monday afternoon now in the Young Adult room for a game of chess (or other board games).
Young Adult Writing/Blog Group (ages 10 & up), Monday Nov. 4th 7-7:45 p.m. - Like to write? Join us for this monthly writing/blogging group. We do writing exercises, share book reviews, movie review, poetry... whatever you like to write about. Your writing can be a part of our blog "Write Away" on wordpress. All are welcome.
Parenting your Teen with John Mince, Monday Nov. 4th at 7:00 p.m. - This one hour talk will offer parents ideas for parenting their teens. If interest is show, follow-up sessions will be scheduled. Dr. John Mince has over 30 years of experience as a school counselor, a family therapist, and adjunct professor, as well as a supervisor and trainer of family therapists. He has tools for working with parents of teens in ways that are novel, practical and effective.

Pre-school storytimes: Tues. Nov. 5th and Thurs. Nov. 7th at 10:30 a.m. – The theme is Mice!
Raccoon Readers (2nd-4th Grade) Book Club, Tues. Nov. 5th 6:00-7:00 p.m. - This month's book is "Which Witch" by Eva Ibbotson. Join us as we talk about the book, play some games, do some puzzles and make a craft. All are welcome. Books are available at the library.
The Adventures of Buffalo and Tough Cookie: Granite State Hiking Memoir Author to Speak, Weds. Nov. 6th 6:00 p.m. - When hiker Dan Szczesny and his nine-year-old ward, Janelle, first set foot on the trail to Mt. Kearsarge in Nov. 2011, neither of them knew that this easy hike to one of the state's most popular mountain tops would change both their lives. But what followed was a hiking odyssey that lasted over a year as the two hikers cross-crossed the state on their way to a 225-mile epic attempt to complete a little-known hiking list called The 52 With a View.
Lego Club (1st-4th graders), Thurs. Nov. 7th at 3:45-4:45 p.m. – Join us Thursdays to make Lego creations. Lego Club is in need of Lego Donations! Have any Legos that you would like to donate to the library? They will be put to good use at our very popular Lego Club.
Birdwatching with Eric Masterson, Thurs. Nov. 7th, 6:30 p.m. - Eric Masterson, author of Birdwatching in New Hampshire, published by University Press of New England in April 2013, will present a 45 minute audiovisual presentation on finding the more than 300 species of birds that occur annually in New Hampshire. Finding good birds can be summed up in two words, where and when. The book contains maps to more than 120 of the best birding sites in New Hampshire, and during the presentation, Masterson will focus on the question when. Finding good birds is more than just a function of observing the calendar. Wind, rain, and habitat all change, sometimes rapidly, to create ideal conditions for seeing the best that New Hampshire has to offer. Masterson will share anecdotes from the field, including a few that illustrate the final question, why we go birding.
Homeschoolers Activity Hour, Friday Nov. 8th, 10:30 a.m. – This week: Italy. We will hear books, play some games, do some puzzles and make a craft. This group is geared to home-schoolers but all are welcome.
Crafternoon – Fri. Nov. 8th 3:00-4:30 p.m. – Stop by the Children’s craft room on Fridays for a fun craft.
The Library is closed Monday Nov. 11th in honor of Veterans Day.
McGregor Memorial EMS CPR Course, Tues. Nov. 12th, 6:00-8:15 p.m. - McGregor Memorial EMS is proud to offer a CPR Course at the library. The cost for the Community CPR Class is $20, and payment is due the night of the class. Please register at www.mcgregorems.org
Friends of the Durham Public Library Book Group, Thurs. Nov. 14th, 10:30-12:00 p.m. - Please join the Friends' Book Discussion of The Sense Of An Ending by Julian Barnes, November 14th, 10:30-12:00 in the Heritage Room. Jennifer Lee will facilitate the discussion of this story which critics called "novel, fertile, and memorable..." and "Quietly mesmerizing." Your copy awaits.
Family Movie Afternoon, “Monster’s University”, Sat. Nov. 16th 2:00 p.m. – Join us upstairs for this month’s movie “Monster’s University”! Popcorn is served and all are welcome!
Special Nutcracker Performance by Northeastern Ballet Theatre and Storytime, Monday, Nov. 18th, 6:30 p.m. - Join us for this special Nutcracker/Dance storytime with a performance by the Northeastern Ballet Theatre. Miss Edra will be here again with her talented dancers. Don't miss this fun family program!
Bookeaters, Middle School Book Group, Weds. Nov. 20th, 2:45-4:00 p.m. - Join us for this Middle School Book Group. This month’s book is “Ender’s Game” by Orson Scott Card. Walk from the Middle School. Ruth Wharton-MacDonald is the facilitator. Pizza is served. Books available at the library.

Patch Club! Earn patches and a library bag for your reading time. Register at the children’s desk.

Visit the DPL website www.durhampubliclibrary.org for more information.

WEEKLY ARREST REPORT

*Academic year commences the third week of August through graduation at UNH in May

FROM "HISTORY IN AN OYSTERSHELL - A BRIEF HISTORY OF DURHAM, NH, 1600 - 1976 written by Philip A. Wilcox and members of the Durham Historic Association.

1692 - The Mast Path was laid out from the Durham Falls through Lee to Nottingham. As many as 40 yoke of oxen were used to haul the great logs, and once a drive was started it often did not stop till the mast had reached its destination. The path followed the most gradual grades and curves.

Have a nice weekend. Happy November!

Todd

Todd I. Selig, Administrator

Town of Durham, New Hampshire

T: 603-868-5571 F: 603-868-5572

tselig@ci.durham.nh.us http://www.ci.durham.nh.us

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