“FRIDAY
UPDATES”

November
14, 2008

Oyster River—looking downstream from Jackson’s
Landing

Courtesy Cathy
Leach

Today the Department of Public Works
will complete the brush portion of its fall cleanup.  Next week crews will
continue to pick up the rest of the leaves and finish cleanup for this
season.  

Report
on Durham $3.1 Million Bond Sale

The Town received six bids
on our $3.1 million bond sale which was
held on Wednesday at 11:30 AM--the low was 4.085259% from
BMO Capital Markets of Chicago IL. 

Budget
Work Session Update from 11/10/08 - Includes Spruce Hole Well Presentation
Overview

The Town Council held a budget work
session on this past Monday evening, 11/10/08.  The first portion of the
meeting involved a presentation by Town Engineer David
Cedarholm focusing on the FY 2009 CIP proposal to move ahead
with the next step of developing the Spruce Hole Aquifer into a new municipal
well.  The presentation would be very informative for those residents who
have an interest in the topic.  The Council also asked many questions
concerning the Proposed FY 2009 budget.  The Council budget work
session from 11/10/08 runs on DCAT/Channel 22 at the following
days/times: 

Sunday     -
    11:30 AM

Monday    -
    4:00 PM

Tuesday  
-     4:00 PM

Public
Hearing on Fiscal Year 2009 Proposed Budget - November 17,
2008

The Town
Administrator's proposed FY 2009 Budget(s) and Capital Improvement Plan
(CIP) are available for residents to review in hard copy at the Town Office
or the Durham Public Library.  This year's budget is reflective of the prevailing
recessionary economic climate and works to mitigate the financial hardships
experienced by our residents. It proposes a drop in operational spending by
approximately $100,000, makes strategic infrastructure investments to promote
the broadening of the tax base in years to come, reduces personnel, foregoes
wage increases for non-unionized salaried employees such as the Town
Administrator and our department heads, and holds the projected 2008
local/municipal (non-school/non-county) tax rate of $7.03 flat for 2009.
The budget also focuses on municipal fiscal stability during uncertain
contracting economic times, particularly within financial markets that impact
municipalities when borrowing or obtaining TANS/BANS.   A public hearing on
the proposed budget is scheduled for Monday, November 17th, beginning at 7
p.m.  To view Administrator Selig's proposed FY 2009 budget on line, click
HERE.

Street
Vending/Peddling/Hawking/Solicitation Ordinance Amendment Proposal

Every so often, we receive a query
from an itinerant vender or door-to-door salesperson who wants to do business
here in Durham.  Years ago, Durham enacted two
ordinances intended to address and generally
discourage these practices, and in the more recent past, the
Administrator had a standard permit application created for anyone
interested in making such a request. 

There are several
geographic locations that are not permitted for vending in the downtown
area and the permit fee was set at $50 per day or $200 per week.  The
rationale behind setting these high fee amounts was that the downtown businesses
did not want an itinerant vender who does not pay Durham's high real estate taxes undercutting
their sales.  Further, residents in Durham generally call the Police Department
upset anytime someone goes door-to-door because many residents just do
not want to be disturbed.  The downtown black-out areas and the high price
for the permits has had the intended result -- few if any venders actually
proceed through to the end of the permit process. 

In July of this year, a college
student working for The Southwestern Company submitted a permit application to
undertake door-to-door sales in Durham. The Police Department apprised her of
the policy and the fee amounts required to obtain the permit. Subsequently,
representatives from the Southwestern Company notified the Town on her behalf
asserting that court cases dealing with interstate commerce preclude Durham's fee
structure.  The Administrator posed this question to Town Attorney Mitchell
Municipal Group, P.A. to determine whether Durham was on solid footing with its
regulations regarding street vending, itinerant vending, door-to-door sales,
hawking, peddling, etc., and to provide the Town with a good definition as
to the distinction between each of these different classes of "itinerant
vending”.

Attorney Laura Spector from the
Mitchell Municipal Group responded to the inquiry in a letter dated July 21,
2008. Attorney Spector briefly outlined the differences between the State of
New
Hampshire’s definitions of “itinerant” vending,
“hawking” and “peddling”. In addition, *she cited New Hampshire Supreme Court
case of D’Antoni v. Commissioner, 153 N.H. 655 (2006), which states that
license fees, in order to be considered fees rather than taxes, “must bear a
rational relationship to and approximate the expense of issuing the license and
inspecting and regulating the business licensed.” Any fee beyond that is
considered a tax, which “must be levied proportionately upon all taxpayers.”
Based on this decision, attorney Spector concluded that the fee charged for
vending licenses in Durham exceeds the reasonable
expense of processing that license, and therefore the fee would be deemed
excessive under New
Hampshire law.

Administrator Selig, Administrative
Assistant Jennie Berry, Police Chief David
Kurz, Assistant Police Chief Rene
Kelley, and Lieutenant Sean
Kelly met to discuss the Town’s current ordinance and permit
fees relative to street vending, peddling, and soliciting. Taking into
consideration Attorney Spector’s advice, the group decided that changing the
current fees to reflect an initial $50 application fee and charging $25 weekly
thereafter would appropriately approximate the expense of processing and
overseeing the licenses/permits for these types of commercial activities.

On Monday evening, the Council will
review draft Ordinance #2008-19 proposing to amend Chapter 124
“Street Vending, Peddling, and Soliciting”, Section 124-7 (D) regarding the
permit fee imposed for street vending in Durham.  To view the draft ordinance,
click HERE.

UNH
Professor Writes First Book about Life in the American College Town

In the
first book written about life in U.S. college towns, a UNH professor
explores the distinctive character and culture of college
communities.  Blake Gumprecht, associate professor of geography and chair
of the department of geography, has published “The American College Town”
(University of
Massachusetts Press, 2008).
In his new book, Gumprecht examines some of the most interesting aspects of
college towns in the United
States – their distinctive residential and
commercial districts, their unconventional political cultures, their status as
bohemian islands, and their emergence as high-tech centers.  According to
Gumprecht, the American college town is a youthful place that is home to highly
educated residents who are likely to hold white-collar jobs. It is affluent
compared to neighboring towns, but has high living costs, especially for
housing. It is a transient place where residents are more likely to rent, live
in apartments and have roommates. It is cosmopolitan, unconventional, and offers
a high quality of life.

The geography of the American
college town includes the odd mix of fraternity rows, student housing, and
faculty enclaves. Commercial districts are home to interesting mixes of business
– coffee houses, bookstores, pizzerias, bike shops, music stores, copy shops,
bars, and ethnic restaurants. College towns are more politically liberal and
politically engaged than their neighbors where people with widely differing
backgrounds coexist. College sports play prominent roles in their culture,
especially on weekends, and many are hubs for high-tech research. And college
towns are home to the inevitable “town vs. gown” clashes between student renters
and homeowners. 

In researching the American college
town, Gumprecht conducted more than 200 interviews, took 2,000 photographs and
amassed enough material to fill three filing cabinets and a six-foot-long
bookshelf. He visited numerous U.S. college towns, and several are
explored in depth in the book. They include Norman, Oklahoma,
Ithaca, New
York; Manhattan, Kansas; Davis, California; Athens,
Georgia; Auburn, Alabama; Ann Arbor, Michigan; and
Newark, Delaware. 

Mailbox
Vandalism

There were over 14 mailboxes damaged
in the Woodridge area on Monday/Tuesday night
into morning.  Unfortunately, during late night hours, the police are not
able to proactively patrol the more quiet areas of Durham, instead focusing
their resources in the downtown business district where activity is very
high.   Although an officer has been assigned to contact all of those
with damaged mailboxes, if you have not been contacted, please contact the
Durham Police at 868-2324.  With police patrol resources severely limited,
it is critical that residents proactively call the Durham Police with concerns,
suspicious activity, and/or other issues so that the department will be alerted
to these concerns and ensure an appropriate
response.

Bicycle
Safety Reminder

Many vehicle operators may wonder
why bicyclists do not ride as far to the right as possible – after all, that
would put them out of harm’s way, right? Not always. The far-right side of the
road is where grit and other debris gather having been blown there by passing
traffic. In addition there are often potholes, drainage grates, and other
hazards.  As an example, the shoulder on both sides of Main Street between the UNH Field House and
Route 155A is riddled with potholes and will not be repaved until next
season.  New
Hampshire law states that bicyclists are to stay as far
right as they judge is safe, given the road conditions. In Durham, there are a number
of bicyclists who ride throughout the year and leave several feet between them
and parked cars to avoid being accidently “doored” by a driver who suddenly
opens his/her door in the bicyclist’s path.  Both bicyclists and vehicle
operators need to be cognizant of each other’s perceived actions and act
proactively.

Speed
limits to change

The Durham Traffic Safety Committee,
in cooperation with the University of
New Hampshire, requested that the State
of New Hampshire Department of Transportation (NHDOT) authorize Durham to reduce the speed
limit on a portion of the Old
Concord Road roughly between the intersection of
Route 155A and westerly to the Leavitt Road from 40 MPH to 35 MPH. 
As a state roadway, Durham requires permission from the state to
implement any changes. The logic behind this request was multiple:  1)
There would be a more progressive speed reduction transition in the area; 2)
There would be a smoother, more logical decrease as vehicles traveled into the
core campus of UNH where the speed limit is 25 MPH and the change will also
enable the University to utilize Neighborhood Electric Vehicles (NEV) on this
section of roadway; and 3) There will be a recognition of the increased
pedestrian, bicycle, and UNH transit stops along this corridor.  Durham received
authorization this past week from Commissioner George Campbell and will begin
making the necessary speed limit sign changes.

CHURCHILL RINK NEW
SKATER NIGHT 

This Saturday, November 15, 2008
from 7:30 – 9:00 PM it will be New Skater Night at the Churchill
Rink.  This event will be free of charge and geared towards skaters who
feel less confident in their skating abilities.  Grab your skates and come
to the rink!

Jackson's
Landing

The base coat paving at Jackson's Landing has been
completed and traffic markings have been installed.  The landscaping
portion of the project will begin next week.  Signage will be erected over
the next few days.  As a reminder, there is handicapped and boat trailer
parking at the waterfront; however all other vehicles are to park in the new
designated parking areas. 

Mill
Pond Road Water
Line

Paving and cleanup will continue for
the next few days on Mill Pond
Road after the installation of the new water
line. 

Woodman
Road Water Line

The replacement of the Woodman Road water
line is progressing nicely.  If everything goes as planned, we anticipate
the project completion prior to Thanksgiving. 

DURHAM ENERGY COMMITTEE
PARTICIPATORY HEARING

On Wednesday, November 19, 2008 from
7:30-9:00 PM, the Durham Energy Committee will hold a participatory hearing,
“Creating an Energy Vision for the Durham Master Plan”, facilitated by residents
Walter Rous and Bill Schoonmaker. The hearing will be held in the Council
chambers at the Durham Town
Hall. Members of the public are encouraged to attend
this hearing to share their ideas and visions. For more information, click HERE.

VOLUNTEERS
NEEDED FOR JACKSON’S LANDING TRAIL PROJECT

On Saturday, November 15, 2008 (rain
date: Saturday, November 22^nd), from 9:00 AM to 3:00 PM, members of
the Durham Parks and Recreation Committee will be clearing, cleaning, and
constructing a 1/4 –mile (1300 ft) walking trail at Jackson’s Landing. The
Committee is seeking approximately 13-15 volunteers to assist with this project.
Project tasks include
minor grading, creating water bars, installing signage,
landscaping/planting, and painting. Coffee will be provided. Please call Amy
Cunningham at 868-1410 to sign up. Any time you have to give would be
appreciated.

Annual
Light Up Durham
Celebration

The annual “Light Up Durham”
celebration, sponsored by the Durham Business Association, the Town of Durham,
Durham It’s Where U Live (DIWUL), the New England Center, Colonial Durham
Associates, Ocean National Bank, Wings Your Way and Federal Savings Bank, will
take place Thursday, Friday, and Saturday, December 4, 5, and 6, 2008.
Throughout the weekend the public is invited to enjoy the Downtown Merchant/UNH
sorority and fraternity holiday light competition. The schedule of events is as
follows:

Thursday
Events

           
10:00 AM – 8:00 PM, Evergreen Crafts Fair at the UNH Memorial Union Building

Friday
Events

           
10:00 AM – 4:00 PM, Evergreen Crafts Fair at the UNH Memorial Union Building

           
4:00 – 6:00 PM, Business Holiday Open House – Durham businesses

           
4:30 – 6:00 PM, Wine and cheese party at the Three Chimneys
Inn

           
4:30 – 6:00 PM, Spaghetti dinner at Young’s Restaurant ($7/person; $5 under
12)

           
4:30 – 5:30 PM, Huddleston Hall Events:  Visit with Mrs. Claus, Holiday
Storytime, and Wayne from Maine

5:45 PM,
Tree Lighting Ceremony with Santa and Mrs. Claus at the Main Street
stage

           
6:00 – 6:30 PM, Main
Street entertainment at the Main Street
stage

           
6:45-7:00 PM, Bonfire and dessert at the Mill Plaza

Saturday
Events

           
8:00 – 10:30 AM, Pancake Breakfast at Durham House of Pizza and JP’s Eatery
($5/person, children under 3 FREE)

           
10:00 AM - 3:00 PM, Fair Day in Durham at area
churches

           
1:30 PM – Shawn the Storyteller in MUB Theatre 2

2:00 PM –
Holiday Movie, “The Polar Express”, in MUB
Theatre 2

Ornament
Sales

This year’s limited edition ornament
with 2008 artwork will be available for $10.00 at Ocean Bank(s), Durham
Marketplace, Town Hall, The Outback, Emery Farms, Town & Campus, and Federal
Savings Bank.

Vacancies
on Town Boards

The following is a list of vacancies
that currently exist on various Town boards, commissions, and committees.
Residents interested in being appointed to any of these boards may obtain an
application form by clicking HERE.  Applications are
also available at the Town Clerk-Tax Collector’s Office. Completed applications
may be submitted via email to jberry@ci.durham.nh.us, or mailed to
Jennie Berry, Town of Durham, 15 Newmarket Road. To view the
charges/duties for the various Town boards, commissions, and committees, click
HERE.

Conservation Commission – (1
vacancy)

Planning Board – (1 alternate member
vacancy)

Zoning Board of Adjustment - (1
alternate member vacancy)

Durham Cable Access Television
(DCAT) Governance Committee - (2 vacancies)

Integrated Waste Management Advisory
Committee - (1 vacancy)

Strafford Regional Planning
Commission (MPO Policy) - (2 vacancies)

PUBLIC
MEETING SCHEDULE

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

Town Council – Monday, November 17,
2008

Integrated Waste Management Advisory
Committee – Tuesday, November 18, 2008 (7:30
AM)

Zoning Board of Adjustment –
Tuesday, November 18, 2008

Durham Energy Committee – Wednesday,
November 19, 2008, participatory hearing on “Creating an Energy Vision for the
Durham Master Plan” (7:30-9:30
PM)

Parks and Recreation Committee –
Thursday, November 20, 2008

To view an agenda for the meetings
listed above, please click HERE. 
All meetings recorded on DCAT are available on DVD at the Durham Public Library
for checkout and viewing. 

To view the Oyster River School Board
meeting schedule, click HERE. 

To view the Durham Public Library Board of
Trustees meeting schedule, click HERE.

New
DCAT programming

On Sunday at 9:00 AM, DCAT (Channel
22) will broadcast “Granite State Outdoors”, produced by the New Hampshire Fish
& Game Department. Tune in to learn more about the New Hampshire Fish &
Game Department, deer weigh-in, cooking fresh caught fish outdoors, and musket
shooting.

OYSTER
RIVER SCHOOL BOARD HOLDS COMMUNITY ENGAGEMENT
EVENING

On Tuesday, November 18, 2008, from
7:00-8:30 PM, the Oyster River School Board invites all interested citizens to
join them in a discussion:  “Is Your Child Engaged in Learning?” to be held
at the Oyster River High School Library. Light refreshments and daycare will be
provided. If you have questions, or are unable to attend but want to provide
input, please email orcsd@orcsd.org.

OYSTER RIVER HIGH
SCHOOL PRESENTS “THE
DIVINERS”

On Thursday, Friday, and Saturday
(November 20, 21, and 22, 2008) at 7:30 PM the Oyster River High
School will present "The Diviners", where in a small
farm community during the depression, water and faith are in short supply. 
A charismatic but backsliding preacher drifts into town and meets a gentle but
misunderstood boy with the gift of divining or water witching.  The two
outcasts find a common bond and help each other divine for truth, faith, and
hope. Tickets are $8.00 for adults and $5.00 for
students.

MAST WAY SCHOOL –
HOLIDAY SHOPPING
BAZAAR

On Saturday, November 22, 2008 from
10:00 AM to 3:00 PM, the Mast Way
School (located on
Mast
Road in Lee) will hold its first annual Holiday
Shopping Bazaar. This event will feature over 30 vendors, a PTO bake sale, face
painting, and tattoos for the kids, along with door prize drawings.

Durham
Public Library – “Food for Fines” Drive

It is the season for giving and for
forgiving, and the Durham Public Library proposes doing both through the month
of November by accepting food donations for the Cornucopia Food Pantry in lieu
of late fees. The library recently began charging late fees for overdue
materials, which has been something of an adjustment for all involved, so a
decision was made to clear any and all late fees for patrons who bring in food
for the pantry.  Cornucopia serves UNH students, staff, faculty, and their
families. They, like many food pantries this year, are in great need of
donations, including: boxed foods, canned goods, and in particular, holiday
foods such as stuffing, canned vegetables, and cranberry sauce.  But
practically anything will do.  If you would like to eliminate your late
fees, or if you simply feel like giving, please bring your donations to the
library.  Bring whatever amount you feel comfortable with.  In doing
so, you will be doing something good for your community.  This offer ends
November 29, 2008, and does not apply to the replacement cost of lost books or
other materials. Please check out the library calendar at http://www.durhampubliclibrary.org for
library events during International Education Week, November 18-22,
2008.

Weekly
Police Arrest Report

Week –
24                                        
10 UNH (42%)           14
Other (58%)

*2008/09 Academic Year –
389     245 UNH
(63%)         144 Other
(37%)

Calendar Year
–904                        
522 UNH (58%)         382 Other
(42%)

*Commenced September 1, 2008 

Historical Data
for the same week

FROM
HISTORY IN AN OYSTERSHELL – 1600 – 1976

“1840 – Durham Academy, established by the N.H. Christian
Baptist Conference, ranked high in the preparation of students for colleges for
23 years. Tuition was $4 per term and room and board $1.50 per week, without
wood. Enrollment was 112, 30% being non-residents.”

Have a nice weekend.

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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