“FRIDAY UPDATES”

Friday, September 24, 2010

 

 

Graffiti on the climbing wall at the Woodridge playground

Courtesy Todd Selig

 

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

 

DURHAM DAY – SUNDAY, SEPTEMBER 26TH

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

 

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

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

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

12:30 PM       Live Performance by FLING

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

1:30 PM         Storytelling with Shawn

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

2:15 PM         Live Performance by FLING

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

 

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

 

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

 

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

 

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

 

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

 

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

 

    2009  Total Durham Assessed Valuation                                            $898,552,542

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

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

 

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

 

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

 

DISORDERLY HOUSE ORDINANCE

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

 

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

 

BE PART OF DURHAM’S FUTURE!

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

 

Green Buildings Open House: Saturday, October 2

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

 

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

 

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

 

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

 

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

                                       Stage 2:

Ø      Supply is declining

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

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

 

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

 

Parks and Recreation Department Director Application Process Update

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

 

Workforce housing Advisory Committee

The Workforce Housing Advisory Committee invite all residents to an exciting Public Forum to learn what we can do to encourage affordable housing for local people making average incomes in the area. Please join us at the Town Hall on Tuesday, September 28th at 7 PM.  Please join us at the Town Hall to share your ideas, issues, and concerns, and to learn about possible solutions. We want to learn how you feel about Durham’s housing needs. The Workforce Housing Committee is beginning the process to update the Zoning Ordinance to include greater opportunities for workforce housing—for those people who can’t afford to live where they grew up or where they may want to work. Now is the time to share your thoughts.  For more information, click HERE.

 

Wood Chips

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

 

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

 

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

 

2010 SURPLUS VEHICLES

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

1.      1995 GMC Sierra 3500                      VIN# 1GDHC34KXSE539296

2.      1997 Crown Victoria                           VIN # 2FALP71W3VX165981

3.      2001 Crown Victoria                           VIN # 2FAFP71W91X158   

4.      Ranger Pick-up Cap-  Dark Blue

 

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

 

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

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

 

Paving Scams

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

 

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

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

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

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

 

Drug “take back” program tomorrow - Saturday

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

 

“Pulling Together” to Combat Invasive Plants: Weedwrenches for free loan

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

 

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

 

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

 

Wiswall Drawdown Public information meeting - RESCHEDULED

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

 

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

 

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

 

PUBLIC MEETING SCHEDULE

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

 

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

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

Planning Board – Wednesday, September 29, 2010

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

 

Zoning Board of Adjustment – Tuesday, September 14, 2010

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

Planning Board – Wednesday, September 15, 2010

 

Oyster River School Board meeting schedule, please click HERE

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

DCAT Programming Schedule, please click HERE

 

The Parks & Recreation Nature Note – Merrick Property

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

 

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

 

Durham Public Library Programs and Events

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

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

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

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

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

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

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

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

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

 

COMMUNITY EVENTS

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

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

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

 

New Hampshire Choral Society

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

NEW HAMPSHIRE YOUTH CHORUS

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

 

Weekly Police Arrest Report

Week – 25                                                     15 UNH (60%)           10 Other (40%)

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

Calendar Year – 577                                    348 UNH (60%)       229 Other (40%)

 

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

 

Historical data for the same week

 

2005

2006

2007

2008

2009

2010

Week

72

43

38

42

47

25

Academic Year

285

183

157

157

221

151

Calendar Year

844

686

728

672

767

577

 

FROM “DURHAM, NEW HAMPSHIRE A HISTORY – 1900-1985”

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

 

Have a good weekend.



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




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

Dear Members of the Durham Community,

 

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

 

1994 ? Durham Rental Registration Ordinance Enacted and Challenged

 

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

 

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

 

1995 - Durham Rental Housing Commission Established Through Settlement Agreement

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2004 ? Town Administrator Provides Recommendation Against Proposals Then Under Consideration

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Todd

Todd I. Selig, Administrator
Town of Durham
15 Newmarket Road
Durham, New Hampshire 03824
Tel (603) 868-5571
Fax (603) 868-5572
tselig@ci.durham.nh.us
www.ci.durham.nh.us

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