Friday Updates - October21, 2022

Friday, October 21, 2022

FY 2023 PROPOSED BUDGET/CIP DEVELOPMENT ENTERING FINAL PHASE

A few takeaways as we near the end of October and the official start of the Town Council budget process on Nov. 1. 

• Departments did a really good job preparing streamlined and meaningful budgets this year that were not artificially inflated. They provided realistic and sensible requests. Well done! 
• We’ve reviewed and trimmed those down over the last several weeks to a lean and mean (think Joe Greene!) working draft. 
• Non-tax revenues are down.
• Other than utilities which will self-correct to 100% eqv. with the revaluation, we see very modest tax base growth. 
• Programs we offer across depts. are consistent with Council goals and what Durham residents want/demand. 
• The annual inflation rate for the United States is 8.2% for the 12 months ended September 2022 after rising 8.3% previously, according to U.S. Labor Department data published Oct. 13. 
• Energy costs, phones, alarms, supplies, service contracts, etc. are all experiencing cost increases moving into 2023. Even so, we’ve really worked to mitigate these through many measures (our solar panels, for example) and something like 80% of our increases are personnel related (if my memory is somewhat accurate) and mandated by contracts. 

Here are the draft numbers for General Fund as of earlier this week … subject to change in the next few days as we finalize a proposal for the Town Council.

- Increase of $488,494 or 2.76% in spending for 2023. Not bad given the above! 

- Revenues down $938,830 or 11.03%. 

- Draft tax rate for 2023 of $8.59/thousand, an increase of 5.57% over the rate for 2022 ($8.13). 

FREE 1-HOUR PARKING REMINDER IN IDENTIFIED AREAS WITHIN DOWNTOWN DURHAM (with ticket)

A friendly reminder that the following parking areas have the first hour free parking in downtown Durham with a meter receipt displayed. * 

• Main Street (in front of the stores and restaurants)
• The downtown parking lot located at the Southwest corner of the Madbury Road and Pettee Brook Lane Intersection (University Market Lot)
• Madbury Road (Westerly side, between Main Street and Pettee Brook Lane)
• Jenkins Court 

*Durham residents/taxpayers displaying a valid Durham Resident/Taxpayer sticker on their front windshield receive a second hour free.

COMMUNITY DECISION MAKING - Upcoming forum at Durham Public Library highlights

Have you ever wondered how Durham works?

Join us on Tuesday, October 25, 2022, from 6:30 - 8:30 PM at the Durham Public Library and hear about how decisions are made, and what challenges and opportunities are facing Durham.

Here's your chance to hear from and ask questions of our Town Council Chair, Deputy Chief of Police, Town Planner, Director of Public Works, Library Director, and Administrator Selig.

This is part of the Durham Public Library and Oyster River Community Reads program focusing in part on Eric Klinenberg's book, Palaces for the People, How Social Infrastructure Can Help Fight Inequality, Polarization, and the Decline of Civic Life.

SIGNIFICANT BREAKDOWN AT CHURCHILL RINK DELAYS START OF SKATING SEASON - Opening day to be no earlier than Thursday, November 10th

Durham’s rink manager, Bill Page, reported last week that due to a major component failure in our refrigeration system, the scheduled opening day for the 2022-23 season at the Churchill Rink at Jackson’s Landing of Tuesday October 18th was no longer achievable. Bill has been working diligently with many resources in the ice rink industry to determine how to resolve this situation as soon as possible.

The refrigeration package at the Churchill Rink was manufactured in the mid 90’s and installed within our facility as a “used” package in 2015.  

During start-up last week under the care of our refrigeration company it was discovered our primary refrigerant (ammonia) was leaking into the secondary refrigerant (brine) within the chiller barrel. (A large pressure vessel with many small pipes inside of it – it’s the heart of a refrigeration system and not easy to replace or repair for many reasons.)  

In response to this discovery, the chiller barrel end caps were removed to test for and locate the source of the leaking. After pressure testing, it was determined five tubes were leaking and those tubes were plugged. Through visual inspection, it’s apparent there is much pitting and corrosion in the tubes, which will inevitably lead to more leaks. Unless addressed, the rink staff would risk causing more damage and creating a potentially unsafe situation, which is not acceptable.  

Bill has found a company (4th generation family business est. 1860, Kendall Boiler & Tank, Chelmsford, MA) that is able to replace all 324 tubes in our aged chiller barrel and we’ve contracted with them to do the work for $33,000.  Administrator Selig approved an emergency expenditure this week so the work could proceed.

• The required specialty tubing was in stock at a supplier in Oklahoma and it has been ordered. The tubing is being shipped to Chelmsford, arrival date still pending but we are hoping it arrives by the end of next week at the very latest.  
• Kendall will begin removing the old tubes before the new ones arrive. Start date to be determined but I’m told work will begin early next week. 
• An entirely new heat exchanger but lead time was longer than our season and cost was 2-3 times the repair.   
• There was a different style heat exchange equipment available that would have worked but the timeline was similar if not longer, and the cost would have been 5-6x what we are paying for the repair.

And for the bad news…based on what we know at this moment, Bill is regretfully pushing out opening day to be no earlier than Thursday November 10th. This date is dependent both ways on the arrival of tubes, Kendall Boiler doing their repair, the refrigeration company buttoning up the system once the tubes are fixed and firing it up, and lastly the rink staff putting the ice in.  

This type of failure could mean season over for any facility but Rink Manager Bill Page and his team have found a solution and it appears we’ll only lose 3-4 weeks. That’s much better than it could have been. 

Sunrise on the Oyster River. Courtesy Mary Ann Esposito

TWO QUESTIONS WILL BE ON UPCOMING NH GENERAL ELECTION BALLOT FOR NOVEMBER 8, 2022

Two questions will be on the November 8, 2022 ballot statewide and the League of Women Voters New Hampshire, a non-partisan grassroots organization, offers this explanation to help voters understand the questions and decide how to vote.

Neither the League of Women Voters nor the Town of Durham take a position on either question.

Question 1:

The intent of this question is to amend the New Hampshire constitution to delete references to registers of probate, thus eliminating this county office.

The bill to put this on the ballot passed the NH House 294 to 43 and passed the NH Senate 21 to 3.

Why this amendment is proposed: In New Hampshire, prior to 2011, the Register of Probate office in each county handled simple wills. But after 2011, when the New Hampshire state legislature approved a reorganization of the court system, many of the official duties of the Register of Probate office were stripped. After 2011, the primary job of the Register of Probate is to preserve files that have “the potential for historical significance.” --from Ballotpedia.org

To help voters understand the text of this question, League of Women Voters has shown the references to Registers of Probate currently in the NH constitution as struck-thru. No struck-thru phrases appear in the question on your ballot, which makes understanding the question harder than it needs to be. (By law, the question must be shown on the ballot as it will appear if passed.)

Text of the question:

Are you in favor of amending articles 71 and 81 of the second part of the constitution to read as follows:

[Art.] 71. [County Treasurers, Registers of Probate, County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, Registers of Probate, county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practiced, and the laws of the state, provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.



[Art.] 81. [Judges and Registers of Probate Not to Act as Counsel.] No judge or Register of Probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he or she is judge or register .”

Voters may select “yes” or “no” or leave the question blank.

A “yes” vote is to eliminate the office of Register of Probate.

A “no” vote is to keep the office of Register of Probate in each county.

What happens next: If the proposed amendment is approved by two-thirds of those voting on the amendment, it takes effect, thus eliminating the office of Register of Probate from each county.

Question 2:

Text of the question: Shall there be a convention to amend or revise the constitution?

Voters may select “yes” or “no” or leave the question blank.

A “yes” vote is to hold a constitutional convention. 

A “no” vote is to do nothing at this time.

Background: In New Hampshire, a state constitutional convention question appears on the ballot every 10 years. A constitutional convention consists of elected delegates that propose changes to the state's constitution. Any proposed changes, including a rewritten constitution, must then be approved by voters to take effect.

New Hampshire’s last such convention was in 1984. In 2012 NH voters rejected the question by a margin of 64% to 36%.

In New Hampshire a majority vote of both houses of the legislature is needed to place the following question on the ballot: "Shall there be a convention to amend or revise the constitution?" If no such question has not been submitted to the people by the legislature in ten years, the Secretary of State is required by Pt. II, Art. 100 to place the question on the ballot. That is what is happening in 2022.

In other words, this question is appearing now because it has not been on the ballot for ten years.

What happens next: If the proposed amendment is approved by a majority of those voting on the amendment, it takes effect.

If the majority of voters vote Yes, voters will choose delegates to the convention at the next election.

At the convention itself, a three-fifths vote of the delegates is required to send a proposed constitutional amendment to ratification. Nothing becomes law at the convention itself.

Any amendment approved by the convention would be sent to the people at the next biennial November election as a ballot question. A two-thirds vote of those voting on the proposed amendment would be required to ratify the amendment. 

If the amendment does not receive a two-thirds vote, it does not take effect.

If the majority of voters vote No, there will be no constitutional convention for at least the next four years, though the Legislature could vote to put the convention question on the ballot again.

Additional Information:  

New Hampshire voters do not have the power to make or repeal laws through referendum. 

NOTE: If you choose not to vote on a question, that will not affect the outcome. Only the ballots with either Yes or No marked will be considered when determining the number of Yes votes needed to take effect.

DURHAM FIRE DEPARTMENT HOSTS FIRE PREVENTION OPEN HOUSE

On Saturday, October 15, 2022, the Durham Fire Department hosted an open house at the fire station. In keeping with National Fire Prevention month, which occurs annually during the month of October, the open house hopes to bring awareness to the importance of fire prevention in the home and in the community. Local families attended the event which included a hose demonstration, tours of the fire apparatus, an escape simulation from a smoke-filled house, and visits from Smokey the Bear as well as Sparky the Fire Dog. Children attending the event were delighted to received their red junior fire hats and badges. 

The Fire Department appreciates the dedication and commitment of our members who organized and participated in this event as well as the support of community members who attended the event. The Department also wishes to thank members of Tau Kappa Epsilon who assisted with the event.  

DURHAM WINTER PARKING BAN - BEGINS NOVEMBER 1ST

The Durham Winter Parking ban commences Tuesday November 1st and will be in effect through April 1, 2023. 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 few weeks, the Durham Police will endeavor to issue warnings designed to remind everyone of the Winter ban but were a surprise snowstorm to occur during this period, there should be an awareness that vehicles may be towed to allow for Durham Public Works to effectively plow the streets and roadways of Durham.

DURHAM, PORTSMOUTH, DOVER EXPLORING COMMUNITY POWER - NH Community Power Coalition aims to lower electricity bills, go greener. Is your town in?

In an interesting article by Jeff McMenemy of the Portsouth Herald, electric prices have risen by almost 50% across the Seacoast and NH in the last several months so local communities are exploring what they can do to provide relief as well as greener power for residents and businesses.  

Seacoast communities Durham, Dover, Exeter, Newmarket, Rye and Portsmouth have joined the coalition. The program could launch in Durham and other first wave towns in April or May 2023.

What is Community Power Coalition of New Hampshire?

The nonprofit is a collection of communities who have united to use their combined purchasing power and flexible purchasing structure in an effort to offer lower electric rates for their residents.

The New Hampshire Coalition also formed to give residents the option to purchase their power from companies who create electricity using renewable energy.

Durham is in the “first wave” of New Hampshire municipalities that have joined together to form the Community Power Coalition of New Hampshire (CPCNH). Amanda Merrill is Durham’s official representative to the CPCNH and Nat Balch is our alternate representative. Energy Committee member Steve Holmgren has been working with Amanda, Nat, Jim Lawson, Admin. Selig, and other members of the Energy Committee to work through aspects of program participation.  

THE NEW TURF FIELD IS IN AT THE MIDDLE SCHOOL!

Below is the schedule for first games over the next week or so.

Friday 10/21 – 7/8 field hockey vs Portsmouth 4:30 start

Monday 10/24 – 5/6 field hockey vs Portsmouth 4:30 start

Thursday 10/27 – Girls soccer vs Dover 3:30 start

                  Boys soccer vs Dover 4:30 start

OYSTER RIVER COOPERATIVE SCHOOL BOARD NEWS FOR OCTOBER 19, 2022

ORHS Senior Sabrina Golden shared her experience at Girls State and as a Senator from New Hampshire to Girls Nation last summer. Girls State and Girls Nation are programs of the American Legion Auxiliary giving participants opportunities to develop leadership and a deeper understanding of American government. Among many other highlights, Senator Golden made Girls Nation history as coauthor of the first bill to pass unanimously in the history of Girls Nation. 

Installation of the turf field at Oyster River Middle School is complete! The first game scheduled the new field will be Friday, October 21, at 4:30, featuring the ORMS 7th and 8th grade field hockey team hosting Portsmouth. Go Bobcats!

World language teachers Michele Pennelli and Heidi Sant along with Assistant Superintendent Suzanne Filippone presented the work of the committee studying K-4 World Language options. The committee is recommending a Foreign Language Exploratory program be phased in for grades K-4 over the next 2 years, becoming part of the Unified Arts rotation (along with Music, Art, and Physical Education) at Mast Way and Moharimet Schools.

Development of the 2023-2024 school budget has begun. The School Board will review and discuss the proposed budget at budget workshops and regular meetings over the next 2 months, beginning with a workshop on October 27 and the next regular meeting on November 2. The School Board is expected to adopt a proposed budget in December. After that a public hearing will be held in January, followed by the annual Deliberative Session in February where voters determine what will appear on the ballot, and finally the March election where voters have final say on the school district budget. The new budget takes effect on July 1, 2023.

There is no school for students in Oyster River on November 8 due to the general election, and no school on November 11 in observance of Veterans Day. 

SUPERVISORS OF THE CHECKLIST will hold the following sessions for the purpose of accepting new registrations.

Tue, Oct 25, 2022 / 11AM - 2PM / Philbrook Dining Hall

Mon, Oct 31, 2022 / 4 - 5PM / Durham Town Hall

Applicants for registration should bring with them proofs of identity, age, citizenship, and domicile. Driver’s license and passport are helpful. Affidavits may be signed under oath if proofs are lacking. 

Please note that anyone who will have turned 18 by November 8, 2022 (born on or before 11/08/2004) may register at this time, or with the Town Clerk at the Town Hall any time before the October 31 session. New Hampshire also allows voter registration at the polls. However, there will likely be a line there.  

19 MAIN STREET--TOOMERFS PARKING LOT DENIED BY PLANNING BOARD - The applicant has filed an appeal with Superior Court.

The Planning Board denied the application from Toomerfs for a large parking lot at 19 Main Street (behind the Red Tower on Church Hill) at its meeting on September 14. The vote to reject the project was unanimous 7-0. The board denied a separate conditional use component on August 24 (also 7-0).  

The conditional use was needed because the proposed use, a parking lot as a principal use, is allowed by conditional use in the Church Hill zoning district (CU in the zoning ordinance Table of Use). A use that is permitted by right (P in the Table of Uses) means that the use is allowed and only site plan review by the Planning Board is required. A conditional use is allowed only if eight special criteria are met (all eight must be met). Plus, approval of a conditional use requires a favorable vote of a supermajority of the board (5 out of 7 members). Parking as a principal use means that the owner may rent to any party. A parking lot which is accessory is used only by the residents or users of facilities on the site. Accessory parking lots are permitted by right.

The Planning Board deliberated over the eight criteria at length and every member found that one or more criteria were not met (some were not applicable). The criteria deal with site suitability, external impacts, character of the development, character of buildings and structures, preservation of cultural and natural resources, impact on property values, availability of public services, and fiscal impacts upon the Town. 

There were challenges for the applicants to demonstrate that the proposed parking lot met all of the requirements, given the number of proposed parking spaces (an expansion from 41 existing spaces to 150 total spaces), location close to several single-family residences, concerns about various potential impacts (lighting, noise, stormwater), the scale of the development (about 16,000 cubic yards of fill), and other significant factors.

This was a complex project, there was substantial opposition, and the applicant revised the plans numerous times, so the review took a long time. A preliminary design was first presented to the Planning Board on November 13, 2019. The Planning Board takes final action on the majority of projects in only two meetings (two or three weeks apart) but this kind of project typically involves much more time. 

Any party may appeal a planning board decision provided the appeal is filed within 30 days of the board decision. 

Toomerfs has appealed this denial to Superior Court but no court date has been set as yet.

SOLID WASTE AND RECYCLING DISPOSAL PROCEDURES - A Reminder to Residents

The Durham Public Works Department would like to kindly remind residents of the following: 

1. Solid waste collected curbside must be in a tied bag and preferably placed into a lock-on style container for ease of disposal. The collection vehicles are operated by a single employee who on average handles between 10,000 – 14,000 pounds of solid waste per day. 
2. Commingled and mixed paper recycling are collected on alternate weeks. A container which includes a mixture of these materials will not be collected. Please refer to the information graphic below which illustrates common commingled contaminates.
3. Our collection vehicles do not handle large boxes well. They get caught at the top of the compaction hopper, causing other materials to back-up and eventually overflow. This is particularly dangerous when the truck is driving down the road, as the cardboard is prone to flying out of the hopper. We kindly ask that all cardboard be cut into 2’x2’ pieces before being placed in your blue bin or other recycling container and when disposing of at the Transfer Station. We also ask that loose cardboard left beside containers be tied with string for ease of handling. Please refer to the informational graphic below which illustrates common cardboard contaminates. It is important to note that when disposing of cardboard curbside, it may be commingled with mixed paper products.

DURHAM HISTORIC ASSOCIATION HOSTS FALL PROGRAM ON NOV. 6TH

The Durham Historic Association will host its fall program on Sunday, November 6 at 2 p.m. in the Durham Town Hall Council Chambers. Presenters will examine the history of six diverse objects from our collection, two of which were recently gifted to the museum. These items include the return to Durham of an extraordinary portrait, pest remedies, a 19th century musical instrument, an ingenious, low-tech communications device, and more. Something of interest to all! 

This event is open to the general public. Refreshments will be served. 

2022 ROAD PROGRAM UPDATE - Things are winding down following a busy season.

Durham Public Works and its paving contractor, Continental Paving, have been hard at work over the last few weeks on the final stages of the 2022 Road Program. Existing binder course asphalt on Mast Road, Wednesday Hill Road, Pendexter Road, and Timberbrook Lane was topped with a 1.5” wearing course of asphalt. The binder course pavement was installed in April and remained in place for the last several months to allow for proper compaction and field verification of storm water flow patterns before applying the final wearing course. Gravel will be added to the shoulders of each roadway and driveway apron pavement will be installed over the next few weeks, completing this year’s program. Additionally, pavement markings were applied this week on Road Program roadways.