Friday Updates - February 11, 2022

Friday, February 11, 2022

Crommet Creek after recent snowstorm. Courtesy Bernie Casey

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MESSAGE FROM SUPERVISORS OF THE CHECKLIST

The Supervisors of the Checklist will hold one last session on Saturday February 26 from 4:00-4:30 PM at Durham Town Hall. This will be the last time people will be allowed to register before the Town/School Election on March 8. However, registrations will then be accepted at the election on Election Day.

Residents may also register to vote at the Town Clerk’s office any time they are open (up until February 26). These registrations are actually applications for registration and must be accepted by a majority of the Supervisors at one of our official meetings. 

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.

ELECTIONEERING/FREE SPEECH AT THE TRANSFER STATION & RECYCLING CENTER

Administrator Selig notes that in consultation with our town attorney, under the circumstances specific to the Transfer Station & Recycling Center facility, the Town is not able to entirely ban electioneering type activities (petition drives, exchange of ideas, handing out educational materials, answering questions) simply because it makes some users of the facility feel uncomfortable. 

What the Town can and should do is to ensure such activity is carried out in a manner that is safe and sound, and does not disrupt the orderly operations at the facility. To this end, if in the coming weeks either dam supporters or river restoration supporters (or residents/taxpayers with issues/ideas concerning other entirely unrelated topics) are desirous of handing out materials/petitions or organizing an informational table there, Public Works Director Rich Reine would with them to ensure they are located/positioned in such a manner so as not to create safety issues for themselves or facility users, and in a fashion that does not disrupt the operations of the facility. 

Contact DPW Dir. Rich Reine at rreine@ci.durham.nh.us or call (603) 868-5578 for more information.

PLACEMENT OF ELECTION SIGNAGE IN RUN UP TO MARCH 8TH DURHAM TOWN ELECTION

Durham’s Zoning Ordinance addresses the placement of election signage in Section 175-126 of the Town Code. 

Types of Signs Permitted. B. Snipe Signs (Any sign of a non-permanent nature or construction attached to trees, poles, posts or sides of buildings or structures): 

The use of snipe signs is permitted on private property only for noncommercial events and elections. The limitations that follow are intended to allow for political speech while minimizing any visual distraction that could become a hazard to the traveling public, and also to preserve the visual and rural environment of the town. 

Snipe signs larger than that permitted below create an unsightly clutter which detracts from the visual appearance of the town, and create a danger to the traveling public by obscuring sight lines, entering and exiting traffic, and curb cuts and adjoining intersections. Such signs are limited to a period of 45 days preceding and seven (7) days after the relevant event, except political advertisements which are governed by RSA 664:17, provided: 

1.    The size of any snipe sign shall not exceed thirty-two (32) square feet; nor be more than five (5) feet above the adjacent finished ground level. 

2.    The number of such signs is limited to one per lot in Residence A and B Districts and to two per lot in other districts; provided that this provision does not apply to signs that express political speech such as an endorsement of a candidate for office or an issue on an election ballot. 

3.    Such signs are not permitted on public property. 

4.    Signs within a public right-of-way are allowed provided they comply with RSA 664:17 and that the top of the sign extends no more than three (3) feet above the ground surface so as not to restrict vehicle sightlines.

No sign is permitted on Town Property, however placement of a snipe sign in a ROW is permitted as long as the owner of the land over which the right-of-way passes approves.

The NH Department of Transportation provides guidance to candidates and their campaign workers about proper placement of political signs:

• The law prohibits placement of political signs on the interstate highways, including the entrance and exit ramps.
• The law prohibits placement of political signs on or affixed to utility poles or highway signs.
• Signs that create a traffic hazard or obstruct the safe flow of traffic will be removed. Please do not post signs on delineator posts or bridges, as the removal is costly.
• Signs will be removed to perform maintenance. 
• Placement of signs on private property requires permission from the landowner.
• Signs on private property that obstruct traffic signs or signals, or restrict a motorist's field of view at an intersection, will be removed as a traffic hazard. (RSA 236:1, 236:73)

RSA 664:17 also addresses the Placement and Removal of Political Advertising…

• No political advertising shall be placed on or affixed to any public property including highway rights-of-way or private property without the owner's consent. 
• All political advertising shall be removed by the candidate no later than the second Friday following the election unless the election is a primary and the advertising concerns a candidate who is a winner in the primary. 
• Signs shall not be placed on or affixed to utility poles or highway signs. Political advertising may be placed within state-owned rights-of-way as long as the advertising does not obstruct the safe flow of traffic and the advertising is placed with the consent of the owner of the land over which the right-of-way passes. No person shall remove, deface, or knowingly destroy any political advertising which is placed on or affixed to public property or any private property except for removal by the owner of the property, persons authorized by the owner of the property, or a law enforcement officer removing improper advertising. 
• Political advertising placed on or affixed to any public property may be removed by the state, city, or town maintenance or law enforcement personnel. Political advertising removed prior to election day by state, city, or town maintenance or law enforcement personnel shall be kept until one week after the election at a place designated by the state, city, or town so that the candidate may retrieve the items.

NH POSITIVE COVID-19 CASE COUNTS EXPECTED TO FALL AS AT-HOME TESTING RESULTS INCREASE IN PREVALENCE WITHOUT BEING REPORTED TO STATE

State of New Hampshire officials have indicated this week that COVID-19 case numbers across NH were expected to decline in part because of the rise in the use of at-home COVID-19 tests. People who test positive at home are not required to report a positive result to health officials.  Alternatively, results from the mandatory testing program at UNH are reported to NHDHHS.  As such, expect to see case numbers in NH begin to fall (as they will in larger and larger number not be reported) while UNH case counts are detected as part of mandatory testing.  We applaud UNH for it’s mandatory testing program intended to keep the campus and community safe while also providing an early detection system for Covid-19 carriers.  

As shown above, the positivity rate for NH on 2/10/22 was 12.8%.  In comparison, the positivity rate at UNH on 2/9/22 was 4.54%.   The positive tests at UNH as a percentage of people tested on 2/9/22 was 5.10%.  

AN UPDATE CONCERNING THE MILL PLAZA REDEVELOPMENT APPLICATIONS – Follow up from Feb. 9th Planning Board meeting.

At its February 9th meeting the Planning Board reopened the continued public hearing on the proposal to redevelop Mill Plaza into a mixed-use, residential/commercial development.

After the applicant’s opening statement, a number of residents addressed the Board on both the substance of the proposed project and the Board’s process, including whether or not the public hearing should be continued. Following public comment, Board members discussed options for how to proceed and then voted to close the public hearing and to start deliberations at its meeting on March 9th.

At that time, it is expected that the Board will first deliberate on the four applications for Conditional Use Permits: (1) to allow development within the 75-foot upland buffer from the College Brook wetland; (2) to allow development within the Shoreland Protection Overlay District and the 25-foot shoreland setback from the brook; (3) to allow a “mixed-use with residential” development in the Central Business district; and (4) to allow a bank drive-through window.

Following action on the requested Conditional Use Permits, the Board would then move on to consideration of the proposed site plan.

The conceptual timeline laid out by contract planner Rick Taintor in his memo to the Planning Board indicates that the Board’s deliberations and final action could be complete by the end of April, but that is subject to change as the process moves forward.

AIR CARGO FACILITIES PROPOSED FOR PEASE TRADEPORT – Too early to tell whether project would mean noise concerns for Durham.  

Admin. Selig had an opportunity to speak this week with representatives from Procon Construction and the Kane Company concerning a proposed new air cargo facility at Pease. While Seacoast Online recently covered the proposal, in essence feasibility studies are under way and they anticipate these studies will answer many questions people may have in Durham and around the seacoast concerning potential noise and traffic impacts from the proposal.  

Generally speaking, the technology utilized by the planes envisioned would be not less than Stage 4 aircraft/engines. Following a quick review of the FAA web site, it appears all certified aircraft flying in the United States need to be Stage 3 or quieter. Stage 4 aircraft are quieter planes. According to Procon Construction and the Kane Company, the cargo carriers these days are not utilizing older, louder planes to save money – they are using new, more fuel efficient technology and this means Stage 4 or better aircraft.  

A study from the Congressional Research Service dated 9/27/21 talks more information about the issue of jet noise. In particular, “Section 186 of P.L. 115-254 directed GAO to review a potential phase-out of Stage 3 airplanes, the loudest aircraft currently operating in the United States. GAO indicated in its August 2020 report that, although most U.S. large commercial jet airplanes are certified at the minimum required Stage 3 noise standards, about 96% of these aircraft already are able to meet Stage 4 or 5 standards. With respect to the generally smaller regional commercial jets and general aviation fleet, 86% of the regional commercial jets and 73% of the general aviation fleet are able to meet Stage 4 or 5 standards.27 GAO concluded that, since only a small percentage of Stage 3 fleet in the United States does not already meet more stringent Stage 4 or 5 standards, phasing out Stage 3 aircraft could be costly without accomplishing substantial noise reduction.” 

Procon and the Kane Companies indicate that flights will be targeted largely in the daytime.  In Boston, for example, the planes come in at night because the runways/airways are dominated during day by civilian air travel.  Fortunately, Pease does not have this limitation, which is a draw to utilize Pease for potential commercial air cargo carriers.  And the number of flights that will come in at night will be quite low -- low as in +/- 3 per night.  

Procon and the Kane Companies are approaching many potential users, not simply one in particular.  Admin. Selig questioned them about Amazon (as a potential user) and while they could not provide details about the companies they were speaking with, they did indicate that Amazon was one of many companies who they would have an interest in attracting to the site.  Again, at this juncture they indicate no single company has been identified as the end user.   

In summary, carriers would use the quieter Stage 4 aircraft or better, they would target daytime use, nighttime use would be quite small, and Amazon, while a user any such project would target, was not the sole identified end user as conversations with many potential users were in process.  

It appeared to Mr. Selig the site(s) would also potentially serve as much as regional shipping distribution points to the Seacoast region and beyond as they would air transport hubs.  

When the feasibility plans are complete and submitted to the PDA, we will have the opportunity to learn more.  

Alfred Ackerman, Durham’s representative to the Pease Airport Noise Compatibility Study Committee, has been linked into the discussion on this issue so he can stay abreast of developments before the Pease Development Authority.    

DISH WIRELESS PROPOSES NEW COLOCATION ON DURHAM’S FOSS FARM WATER TANK

The Town had received a proposal from DISH Wireless last summer to co-locate communications equipment on our Foss Farm water tank. At the time, the company had proposed $2,000/mo. for a five-year term with four extensions.  

Town representatives met with DISH at the time to discuss aspects of the proposal and were resolute concerning a rate of $3,000/mo. with a 2% escalator. 

This week, Dish Wireless followed up to agree with the Town’s proposal. 

At this point, staff will review a draft lease agreement from DISH and follow up with the company once we have had an opportunity to do so. Colocation of wireless facilities such as this on infrastructure such as our water tank are largely exempt from local land use review. At the same time, we will explore with DISH a process to inform the public about the proposal and to solicit feedback for staff consideration.

WASTEWATER TREATMENT PLANT MAJOR COMPONENT REHABILITATION AND REPLACEMENT PROJECT - Pre-proposal site visit takes place by interested engineering firms.

A pre-proposal site visit was scheduled by Durham Public Works following the issuance of a Request for Qualifications for Engineering Services to design the Major Component Rehabilitation and Replacement project at the wastewater treatment plant. Funding for design of this capital improvement project has been included within the 2022 Town and University of New Hampshire budgets. The Town continues to aggressively pursue additional funding options including state and federal grants that may become available as part of the recently approved federal infrastructure programs.  

The proposed work focuses primarily on rehabilitation of the secondary clarifiers and associated mechanical equipment, the aeration tanks, the primary clarifier tanks and associated mechanical equipment, pipe gallery and exterior structural components of the building, roadways, and related civil site infrastructure. Construction improvements and design is, estimated at $2 – 2.5 million with construction planned to commence in February 2023 following funding approval.

RFQ packages are required to be submitted by interested consultants by February 28, 2022.

FINAL WALKS THROUGH HALLS OF THE OLD ORMS AND VISITS OF NEW ORMS

Two opportunities for final walks through the halls of the OLD ORMS, which has brought many great memories since 1935! Masks will be required.

Friday February 11th 4:00 PM-6:00 PM (Last Open House)

Saturday February 12th 10:00 AM-12:00 PM (Last Open House)

Want to visit the new ORMS? We have two time slots for community viewings:

Thursday February 24th:

10:00 AM-12:00 PM

4:00 PM-6:00 PM

Masks required and the entrance to the new ORMS is off of Dennison Road. There is also public parking on Coe Drive and Dennison Road, within short walking distance.

ATTENTION ALL DURHAM DOG OWNERS! It’s time to renew your dog’s license for 2022. (Your dog could be Durham's Top Dog!)

Dog licenses may be obtained online at Online Dog License Renewal, by mail, or in person at the Durham Town Clerk-Tax Collector’s office 8 Newmarket Road, Durham, NH 03824. The fees to license your dog are $7.50 for an altered dog, $10.00 for an unaltered dog, and $2.00 if the dog owner is a senior citizen.

Once again, the Town of Durham will host the Top Dog raffle. This raffle was created to motivate and remind dog owners to license their pets every year by April 30, as state law requires. Residents automatically register for the Top Dog raffle when they obtain a dog license before April 30. The winner of the Top Dog raffle will receive a gift basket donated by the clerk’s office and their dog’s biography will be featured in the Durham Friday Update. 

Bo MacGregor was the lucky winner in 2021. Your dog could be the next Top Dog! Please contact the Town Clerk's office for more details on raffle rules and regulations. 

2022 ROAD PROGRAM NEIGHBORHOOD MEETINGS TAKING PLACE AROUND TOWN

Durham Public Works completed the scheduled neighborhood meetings on Pendexter Road, Wednesday Hill Road, Mast Road and Timberbrook Road during the week of February 7, 2022. These meetings are coordinated to provide residents an opportunity to learn about the upcoming roadway improvements scheduled to take place on their roadway during the 2022 construction season. Residents are notified about the meetings with doorhangers which detail the upcoming roadway improvement project. The notification also provides a date, and location to meet at 8:00 AM to discuss the project, raise any concerns or specific issues and learn about the Road Program. The meetings were attended by Public Works Director Rich Reine, Assistant Public Works Director, Sam Hewitt, Town Engineer, April Talon and Operations Manager, Shane Bickford.