TOWN OF DURHAM 8 NEWMARKET RO D DURHAM, NH 0382../-

Tel: 60 /868-5577 Fa : 603/868-1858

AGENDA DURHAM TOWN COUNCIL

MONDAY, OCTOBER 1, 2018 DURHAM TOWN HALL - COUNCIL CHAMBERS

7:00PM

NOTE: The Town of Durham requires 48 hours notice if special communication aids are needed.

I. Call to Order

II. Approval of Agenda

III. Special Announcements A. Introduction of new UNH President James W. Dean B. Presentation of Certificate of Appreciation to members of Kappa Sigma

Fraternity for their assistance with this year's Durham Day event - Kenny Rotner & Rachel Gasowski

IV. Public Comments (*)

V. Approval of Minutes - April 2, May 7, and June 18, 2018

VI. Councilor and Town Administrator Roundtable

VII. Unanimous Consent Agenda (Requires unanimous approval. Individual items may be removed by any councilor for separate discussion and 1.Jote)

Shall the Town Council approve a special event permit application submitted by the UNH Campus Activities Board to close portions of Town roads for the annual Homecoming Parade and Fair on Friday, October 12, 2018?

VIII. Committee Appointments - None

IX. Presentation Items A. Update/Progress Report From the Oyster River Cooperative School District-

Dr. James Morse, Superintendent (20 mins)

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Durham Town Council Meeting Agenda October 1, 2018 - Page 2

B. Receive annual report from the Historic District/Heritage Commission in accordance with Section 11.l(I) of t,he Town Charter - Michael Bradley, Chair (10 mins)

C. Receive annual report from the Parks & Recreation Committee in accordance with Section 11.l(I) of the Town Charter - Kasey Morneault, Chair (10 mins)

X. Unfinished Business PlIBLIC HEARING AND ACTION ON ORDINANCE #2018-05 amending Chapter 49 "Regulation of Dogs" to add a new section 49-6 titled "Removal of Dog Feces"

XI. New Business A. Discussion regarding possible UNH Student Senate participation during the

Councilor and Administrator roundtable section of Town Council agendas -Councilors Allan Howland and Sally Tobias

B. Other Business

XII. Nonpublic Session (if required)

XIII. Extended Councilor and Town Administrator Roundtable (if required)

XIV. Adjourn (NLT 10:30 PM)

(*) The public comment portion of the Council meeting is to allow members of the public to address matters of public concern regarding town government for up to 5 minutes. Obscene, violent, disruptive, disorderly comments, or tlwse likely to induce violence, disruption or disorder, are not permitted and will not be tolerated. Complaints regardin~ Town staff should be directed to the Administrator.

TOWN OF DURHAM 8 NEWMARKET ROAD DURHAM, NH 03824

Tel: 603/868-5571 Fa : 60 /868-1858

AGENDA ITEM:# 7 DATE: October 1, 2018

COUNCIL COMMUNICATION

INITIATED BY: Jonathan Eyberse, UNH Campus Activities Board

AGENDA ITEM: SHALL THE TOWN COUNCIL APPROVE A SPECIAL EVENT PERMIT APPLICATION SUBMITTED BY THE UNH CAMPUS ACTIVITIES BOARD TO CLOSE PORTIONS OF TOWN ROADS FOR THE ANNUAL UNH HOMECOMING PARADE AND FALL FAIR ON FRIDAY, OCTOBER 12, 2018?

CC PREPARED BY: Jennie Berry, Administrative Assistant

PRESENTED BY: Jonathan Eyberse, UNH Campus Activities Board

AGENDA DESCRIPTION: Attached is a special event permit application submitted by Jonathan Eyberse, Homecoming Co-Chair for the UNH Campus Activities Board. The Campus Activities Board is requesting that portions of Town roads be closed from 4:45 to 5:45 PM on Friday, October 12, 2018, for the annual UNH Homecoming Parade and Fall Fair.

This event has been very successful in the past and Administrator Selig recommends approval of the permit request.

LEGAL AUTHORITY: RSA 41:11 and RSA 47:17 authorize the Town Council to regulate the use of public highways.

LEGAL OPINION: N/A

FINANCIAL DETAILS: N/A

SUGGESTED ACTION OR RECOMMENDATIONS:

MOTION: The Durham Town Council hereby approves the special event permit application submitted by the UNH Campus Activities Board requesting that portions of Town roads be closed between 4:45 and 5:45 PM on Friday, October 12, 2018 for the annual UNH Homecoming Parade and Fall Fair.

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TOWN OF DURHAM l'EL: (603). 868-5578. FAX: (603) 868.;;8063

Emam J!.UbHcwork.sfa:c.t.durham.nh.us

PERMIT APPLlCATION

TYPE OF PE:Rl\UT (Please check. one): Spedal EveQt , ., · :Road 'Closure Request lJ~-pfTqwn.P.to~

~1fy7i NewHamP$h\tf)'$ erttiini.n~ to amp'llfted n'it1~l1.:1: focati(>n, route of tta:~eJ •. Ple$e attach-~ deooti.tlg mutes and :road closures): Please see email from Jooathan Eyber:se

campus Activities BQ~rd Adviser. Kort Kenoyer.-~-~----...._~~~"--'---"----Dlrector of Com_rri\:tter & N_qi:rTradltiohal Stt,dent.Sef'VI.Cles ..

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CERTIFICATE OF INSURANCE INfORMA:fJQN

As evidence of its :fin\ln•i:al ability to iqdemnify the Town of Dtirhani, during the tenn of this agreement, the applicant shall obtaju .and pay prerniuo:is for Commercial Ocne.ral Liability tiisu:ram:;e protectk1g the parties heret9., their ag¢nts, tifffoers, eiected officials, representatives, 9r ~p:IQyees bt.--cau.se ofbodily inJuty, pr9pi."Tfy damage; personal iitj,ury.orprpduc(ll li#bilfty i:t:lc.t11:rod by the parties in th~ perfonnance of the tenns off his lease, such policy to provide Umit,Cl no le.,ss than$ I million per occurrence. A Certificate of r;11sur~ce .naming the To).VJ:l .of0uih1irn }1$ an Additional .. Iosµted slu,rll be provided.

lnsumnce(.arrier: --------+-Uyq ~1 Pqlicy Number and Ex:piration·Oate: ______ ~-----------------

111e under,;igrted herebyagteea~ at its sole cost and expemie, to de(end, indemni.fy and hold hamtless the town of Durham and all associated, affiliated; allied and subsidiary eutiti¢t: oftfie Town; t1ow ttxi:'itibg or hereinafter c~te4 ~ their ~ve offi¢,e% ~. co~si:O.ns, employees, agen:ts, and cun.tra

ACORD8

CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) \,,_....--" 09/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If ~UBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PROOUCER l-800•225-1865 CONTACT NAME: Pred C. Church, Inc.

fA~~N.i, c ... ,. I FAX We Nol: 41 Wellman Street E-MAIL ADDRESS:

Lowell, MA 01851 INSURER/SI AFFORDING COVERAGE NAJC# INSURER A: United Educators Insurance

INSURED INSURER B : Acadia Insurance Company university System of New Hampshire

INSURERC:

5 Chanell Drive, suite 301 INSURERD:

Concord, NH 03301 INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER: 53936609 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH .THIS

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ALJDL ~ POLICY NUMBER ,:~i~ J:W6%~ LIMITS ,.,.,., A GENERAL LIABILITY so1.:9sB 11/01/11 11/01/18 EACH OCCURRENCE $ l, 000, 000 - =~~'1YE""" 1 t:.I.J X COMMERCIAL GENERAL LIABILITY ' MISESEa~\ $1,000,000 -=:J CLAIMS-MADE [I] OCCUR IX - MED. EXP (Any one person) $ s, 000 - PERSONAL & AfN INJURY $1,000,000 - GENERAL AGGREGATE . $·3,000,000 GEN1. AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $

rxi POLICY n i:g: n LOC $ B AUTOMdBILE LIABILITY CAA150094427 11/01/11 11/01/18 .~11SINGLE LIMIT ~ 1,000,000 -X ANY AUTO BODILY INJURY (Per person) $

"-- ALL OWNED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ - - NON-OWNED PROPERrt;1?AMAGE X HIRED AUTOS lt AUTOS 10-.,....,._1 $ ,.._ - • A X UMBRELLA LIAB

MOCCUR . BOl-95B 11/01/l' 11/01/18 EACH OCCURRENCE $40,000,000 - EXCESSLlAli CLAIMs-MADE AGGREGATE $40,000,000

OED I I RETENTION$ $ WORKERS COMPENSATION J ,.~c;,Jre:Ju-s I 10.m-AND EMPLOYERS' LIABILITY y / N

E.L EACH ACCIDENT ' ANY PROPRIETOR/PARTNER/EXECUTIVE • $ OFACER/MEMBER EXCLUDED? • N/A (Mandatory In NH) Ei. DISEASE - EA EMPLOYEE $ If~• describe under D SCRIPTION OF OPERATIONS below E.L DISEASE - POI.ICY LIMIT $

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DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Evidence of insurance University of New HampshJ,re at Durham, University of New Hampshire at Manchester, Keene State College, Plymouth State University, NHPB, New Hampshire Public Television (NBPTV), university of New.Hampshire Foundation, Inc •. , UNH· Alumni Association, Center for Public Responsibility and Corporate Citizenship, Granite State College, New Hampshire Piber Network, Inc. (NB"1', Inc.) •The Town of Durham is named additonally insured in respect to general liability

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CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Durham NB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Durham Town Ball ACCORDANCE WITH THE POLICY PROVISIONS.

8 Newmarket Road AUTHORIZED REPRESENTATIVE

Durham, NB 03824 --z,,. ....... ~ ~J; ~ . r I USA

© 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) ddemaggio 53936609

The ACORD name and logo are registered marks of ACORD

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Blue Denotes Line Up Area

.: Red Denotes Parade Route

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Janice Richard

From: Rene Kelley Sent: To:

Wednesday, September 12, 2018 11 :09 AM Janice Richard

Cc: David Emanuel Subject: Attachments:

FW: Town of Durham Permit image106821.pdf

Good morning Janice,

Attached is a copy of the permit that was signed by Chief Paul Dean and sent to me.

This is Okay with police and they will need to hire five officers for traffic control.

Rene

Rene Kelley Deputy Chief of Police Durham, NH Police Department Durham, New Hampshire 603-868-2324 FBINA 189th

From: Dean, Paul [mailto:Paul.Dean@unh.edu] Sent: Wednesday, September 12, 2018 9: 18 AM To: Rene Kelley Cc: Dean, Paul Subject: FW: Town of Durham Permit

Good morning Deputy,

Please accept my apology for sending this so late. The Student group sent it to me and it got lost in my paperwork pile. I have signed the permit on behalf of UNH.

Regards,

Paul H Dean Chief of Police/Assistant Vice President for Public Safety and Risk Management University of New Hampshire Police Department 18 Waterworks Road Durham, New Hampshire 03824

603.862.1427 603.862.1966 fax

www.twitter.com/unhpolicechief www.facebook.com/unhpolice www.unh.edu/upd

1

Janice Richard

From: David Emanuel Sent: To: Cc:

Wednesday, September 12, 2018 1:13 PM Janice Richard; Rene Kelley; Rachel Gasowski Jen Berry; Randall Trull; John Powers

Subject: RE: Homecoming 2018

Janice, The fire department supports the event applications are submitted. We'll coordinate parade inspections with the applicant directly.

Thanks! DE

Dave Emanuel, MPA, CFO Fire Chief - Durham Fire Department 51 College Road, Durham, NH 03824 demanuel@ci.durham.nh.us (603) 862-1426 (Office) - (603) 397-7447 {Mobile)

"Our Family Protecting Your Family"

Janice Richard

From: Sent: To: Cc:

Rachel Gasowski Wednesday, September 12, 2018 9:07 AM Janice Richard

Subject: Rene Kelley; David Emanuel; Jen Berry Re: Homecoming 2018

Ok with p&r

Rachel

Sent from my iPhone

On Sep 12, 2018, at 8:47 AM, Janice Richard wrote :

Hello all- I don't think this circulated yet as we were awaiting the applicant to get the proper signatures back in July- which we are still awaiting, however the date is fast approaching and wanted to move along- please see application for homecoming/road closure- I have alerted applicant that we STILL need

the proper signature for UNH.

1

TOWN OF DURHAM 8 NEWMARKET ROAD DURHAM, NH 03824

Tel: 603/868-5577AGENDA ITEM: Fax: 603/868-1858

# 9A DATE: October 1, 2018

COUNCIL COMMUNICATION

INITIATED BY:

AGENDA ITEM:

CC PREPARED BY:

PRESENTED BY:

AGENDA DESCRIPTION:

Dr. James Morse, Superintendent, ORCSD

UPDATE/PROGRESS REPORT REGARDING VARIOUS ITEMS

WITHIN THE OYSTER RIVER COOPERATIVE SCHOOL DISTRICT

- DR. JAMES MORSE, SUPERINTENDENT

Jennie Berry, Administrative Assistant

Dr. James Morse, Superintendent, ORCSD

Dr. James Morse, Superintendent of the Oyster River Cooperative School District, has been invited to attending Monday evening's Town Council meeting to provide Councilors with a progress report regarding various matters within the school district.

LEGAL AUTHORITY: N/A

LEGAL OPINION: N/A

FINANCIAL DETAILS: N/A

SUGGESTED ACTION OR RECOMMENDATIONS: No formal action required. Receive progress report from Superintendent James Morse relative to the Oyster River Cooperative School District and hold a discussion, if desired.

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TOWN OF DURHAM 8 NEWMARKET ROAD # DURHAM, NH 03824 9 B

Tel: 603/868-5571 AGENDA ITEM: Fa : 603/868-1858

DATE: October 1, 2018

COUNCIL COMMUNICATION

INITIATED BY:

AGENDA ITEM:

CC PREPARED BY:

PRESENTED BY:

AGENDA DESCRIPTION:

Durham Town Charter

RECEIVE ANNUAL REPORT FROM THE HISTORIC

DISTRICT/HERITAGE COMMISSION - MICHAEL BRADLEY,

CHAIR

Jennie Berry, Administrative Assistant

Michael Bradley, Chair, Historic District/Heritage Commission

Section 11.1 (I) of the Durham Town Charter requires that the Town Council meet annually with all chairpersons of standing Town committees to review significant actions taken by the committees, projects currently under discussion, and anticipated activities for the coming year.

Attached for the Council's information is a written report submitted by Historic District/Heritage Commission Chair, Michael Bradley. Reverend Bradley will be present at Monday night's meeting to provide a brief update to the Town Council regarding the board's current and anticipated activities for the remainder of this year.

LEGAL AUTHORITY: Section 11.1 (I) of the Durham Town Charter.

LEGAL OPINION: N/A

FINANCIAL DETAILS: N/A

SUGGESTED ACTION OR RECOMMENDATIONS: No formal action is required. Receive presentation by Historic District/Heritage Commission Chair Michael Bradley and hold question and answer session if desired.

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Historic District Commission/Heritage Commission 2018 Annual Report to the Town of Durham – Michael Bradley, Chairperson

Overview: The Historic District Commission/Heritage Commission (“the Commission”) has a broad responsibility to preserve and promote the historic, cultural, educational, economic, and the general welfare of the Durham Historic District (‘the District”). The District overlays the area beginning at the intersection of Main Street and Madbury Road and proceeds south easterly along Main Street to the intersection with and then along Newmarket Road to Laurel Lane. In addition to the powers and duties listed in the Zoning Ordinance, the Commission also serves, for property outside the District, as the Heritage Commission with broad duties and responsibilities outlined in New Hampshire Revised Statutes Annotated (RSA 674:44-b). In that capacity the Commission serves to advise and educate property owners, Town boards and commissions, and others on the important historical resources located through the entire community.

Members: Michael Bradley; chair; Andrea Bodo vice chair, Larry Brickner Wood, resident; Carolyn Singer, resident; Zachary Fangman, UNH student representative; Bill McGowan, Planning Board representative; and Alan Bennett, Town Council representative Membership changes since the last Annual Report Chair Peter Stanhope completed his term of service on the HDC/HC at the April meeting and was thanked for his years of faithful work and leadership. Alvin Mars served for a year or so before relocating to Ohio this past spring. Zachary Fangman, UNH 2019, whose major is Community and Economic Planning, joined the Commission at the May meeting as a student representative. Welcomed Carolyn Singer as a resident representative at the June meeting. Summary of Actions The Commission has met 7 times since the last annual report and we have heard 14 applications covering residential, commercial and non-profit properties. In addition to requests for renovations and repairs, actions of special interest include: 15 Newmarket Road (the old Town Hall building): Applied Geo Solutions, Inc., owner. The Commission approved ongoing design and element changes in conjunction with the National Park Service standards for historic renovation. 17 Main Street, the Community Church of Durham: The Commission endorsed the Church’s LCHIP grant application for funding the repair work to the steeple and ocular window. 30 Newmarket Road – endorsed Dennis Meadows’ gift to the Town of land adjacent to the Mill Pond. The Commission also heard presentations for informational purposes on: The Wagon Hill Erosion Control Project; the stone wall reconstruction on Route 108; the challenges

HDC/Heritage Commission 2018 Annual Report to the Town Council Page 2 surrounding the Mill Pond and the Mill Pond Dam; and the maintenance of Durham’s private burial grounds and graveyards, i.e., the “Save our Stones” initiative. Work in Progress: Signage Program for Historic Properties – Grange, Smith Chapel, Old Town Hall

The Commission is designing informational signboards for these buildings as a pilot project for other informative signs within and outside the District.

Checklist and clearer process for HDC applications

The Commission is reviewing the application forms with a goal of clarity in the application details so that approvals are consistent with the applicant’s requests and intentions.

Revised and consistent process for Demolition Permit Application Review

The language and timeline regarding Commission review of demolition applications is unclear with regard to the discretion of the Commission to impose up to a 30 day delay between application and issuance of a permit. We will work with the Town Planner and Code Enforcement Officer to revise the Commission’s review and reporting procedures.

Increased education and information by including a meeting synopsis in weekly update

A great deal of the Commission’s work is education. To that end, we have started including a meeting synopsis for the Town’s Weekly Update as soon after a meeting as possible.

Connections to Other Commission and Committees Andrea Bodo sits on the Land Stewardship Committee as a representative from the Heritage Commission. She has been a resource for the protection of the historic resources of the town such as historic buildings, burial sites, stonewalls, cellar holes, archaeological information etc., and has advised about Certified Local Government issues. Michael Bradley attends Technical Review Group meetings if the design elements or the location of a project fall under the purview of the Commission. Thanks to Those Involved The Commission members volunteer many hours of service and I know I join the Town in thanking them for their hard work. Peter Stanhope’s excellent leadership as chairperson has made my transition to that role much easier than I anticipated. The Durham Historic Association is also a rich resource of information for the Commission. A simple request for history, timelines or background – whatever we need, and in short order a wealth of information becomes available. We couldn’t do such good work without them.

TOWN OF DURHAM 8 NEWMARKET ROAD DURHAM, NH 03824 # 9 C

Tel: 603/868-5571 AGENDA ITEM: Fa : 603/868- 1858

DATE: October 1, 2018

COUNCIL COMMUNICATION

INITIATED BY:

AGENDA ITEM:

CC PREPARED BY:

PRESENTED BY:

AGENDA DESCRIPTION:

Durham Town Charter

RECEIVE ANNUAL REPORT FROM THE PARKS & RECREATION COMMITTEE - KA.SEY MORNEAULT, CHAIR

Jennie Berry, Administrative Assistant

Kasey Morneault, Chair, Parks & Recreation Committee

Section 11.1 (I) of the Durham Town Charter requires that the Town Council meet annually with all chairpersons of standing Town committees to review significant actions taken by the committees, projects currently under discussion1 and anticipated activities for the coming year.

Attached for the CounciY s information is a written report submitted by Parks & Recreation Chair1 Kasey Morneault. Ms. Morneault will be present at Monday night's meeting to provide a brief update to the Town Council regarding the committee's current and anticipated activities for the remainder of this year.

LEGAL AUTHORITY: Section 11.1 (I) of the Durham Town Charter.

LEGAL OPINION: N/A

FINANCIAL DETAILS: N/A

SUGGESTED ACTION OR RECOMMENDATIONS: No formal action is required. Receive presentation by Parks & Recreation Chair Kasey Morneault and hold a question and answer session, if desired.

0 Pnn!tld or, Recy,;f«J Paper

Durham Town Council Town Hall

8 Newmarket Road Durham, NH 03824

September 2018

Dear Council Members, It's been a busy year for the Parks and Recreation Department as well as the Committee. Rachel Gasowski has continued to design programming and implement events to engage our various stakeholders and create a sense of community. Rachel continued to add new events t is year, such as the Town Trails Day, Trail Race with ORYA, Party at the Commons and the White Mountain meet-up. Many of the events are focused on enlightening people to the rich resources our town has to offer, from businesses to recreational opportunities. Rachel strives to meet the diverse needs and desires of the town's citizens, young and old. From sports programming and outdoor opportunities, to music lessons and after school activities, Rachel focuses on bringing he populace together to find common interests and foster new relationships. The Churchill Rink at Jackson's Landing continues to be a top priority for the department. In-house management during the past season was successful, and revenue once again increased over the fiscal year. The Committee has opted to focus on improving smaller portions of the Rink, instead of attempting to make all the needed improvements at once, beginning with those that pose safety risks-for example, the placement of the Zamboni. Other areas of focus include establishing or reviewing current Parks and Recreation rules and regulations in regards to field/rental spaces, collaborating with ORYA to open communication and streamline services to better serve the youth in Durham, working with the town businesses to create opportunities for residents to interact with our downtown, and better educating the public to the trails and other recreational opportunities available to them. In the upcoming year, the Committee should consider looking for ways to engage community members in volunteer opportunities for these events, perhaps beginning with establishing a volunteer group that would be interested in helping plan and execute the Memorial Day parade. It is exciting to see the Recreation Department continue to grow and draw together residents, and as always, we are grateful for the Town's support as we continue to provide new experiences to serve our residents' recreational needs and foster community ties. Sincerely,

Kasey Morneault Parks & Recreation Committee Chair

TOWN OF DURHAM # 8 NEWMARKET ROAD 1 0 DURHAM, NH OJaAgENDA ITEM:

Tel: 603/868-5571 ----Fa : 603/868-1858 DATE: Ocotber 1, 2018

COUNCIL COMMUNICATION

INITIATED BY:

AGENDA ITEM:

David L. Kurz. Police Chief

PUBLIC HEARING AND ACTION ON ORDINANCE #2018-05 AMENDING CHAPTER 49 "REGULATIONS OF DOGS" OF THE DURHAM TOWN CODE BY ADDING A NEW SECTION, SECTION 49-5, TITLED "REMOVAL OF EXCREMENT/FECES"

CC PREPARED BY: David L. Kurz. Police Chief

PRESENTED BY: David L. Kurz. Police Chief

AGENDA DESCRIPTION: This ordinance amendment is designed to encourage the removal of dog feces from public ways including sidewalks, playing fields, and other recreational areas such as Wagon Hill Farm. The significant factor of this ordinance is that all persons walking their dogs must have a device, which is defined in the ordinance, to remove excrement/ feces in their possession or be subject to a fine.

On September 17, 2018, the Town Council reviewed and discussed the proposed ordinance, moved it on First Reading as amended, and scheduled a second Public Hearing on the ordinance for Monday, October 1, 2018. A Public Hearing notice was published in the Foster's/Seacoast Online for Thursday, September 20, 2018. The notice was also posted on the outside bulletin board at Tmvn Hall, as well as at the Durham Public Library and Department of Public Works.

The attached ordinance reflects additional amendments that were suggested during its First Reading on September 17th. Additional language is denoted with double-underlining and purple coloring.

LEGAL AUTHORITY: The Town Council may enact Ordinances pursuant to Section 3.8 of the Durham Town Charter.

LEGAL OPINION: No legal opinion was sought, as this is the standard format for ordinances of this type to be issued.

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Council Communication, 10/1/2018 - Page 2 Re: Public Hearing and Action on Ordinance #2018-05

FINANCIAL DETAILS: There may be some discussion regarding purchase and placement of metal dog waste stations around Durham to provide dog owners readily available bags for waste.

SUGGESTED ACTION OR RECOMMENDATIONS:

MOTION 1: The Durham Town Council does hereby OPEN the Public Hearing on Ordinance #2018-05 amending Chapter 49 "Regulations of Dogs" of the Durham Town Code by adding a New Section, Section 49-5, Titled "Removal of Excrement/Feces".

MOTION 2: The Durham Town Council does hereby CLOSE the Public Hearing on Ordinance #2018-05 amending Chapter 49 "Regulations of Dogs" of the Durham Town Code by adding a New Section, Section 49-5, Titled "Removal of Excrement/Feces".

MOTION 3: The Durham Town Council does hereby ADOPT (as presented) (as amended), Ordinance #2018-05 amending Chapter 49 "Regulations of Dogs" of the Durham Town Code by adding a New Section, Section 49-5, Titled "Removal of Excrement/Feces".

DRAFT #2 – 10-1-18 Note: Additional language is denoted with double underline and purple

ORDINANCE #2018-05 OF DURHAM, NEW HAMPSHIRE

AMENDING CHAPTER 49 “REGULATION OF DOGS” OF THE DURHAM TOWN CODE BY ADDING A NEW SECTION, SECTION 49-5, TITLED “REMOVAL OF EXCREMENT/FECES”

WHEREAS, there is significant use of Town property for the purpose of exercising dogs; and

WHEREAS, Town property is also used by those hiking, walking, sledding and pursuing a variety of activities; and

WHEREAS, many owners of dogs to not remove the feces of their dogs while on public property; and

WHEREAS, dog feces contain zoonotic pathogens that endanger human health

and pathogens that endanger the health of other pets including E. Coli and Salmonella bacteria, Hookworm, Roundworm and Whipworm, and

WHEREAS, dog (animal) feces is a leading cause of stormwater pollution, and

the Town of Durham’s 2017 MS4 Stormwater Permit requires dissemination of public education material encouraging the proper management of pet waste, including citing existing ordinances where appropriate, and

WHEREAS, there are currently no regulations regarding the owners of dogs to “clean up after their dogs”, NOW, THEREFORE BE IT RESOLVED that the Durham Town Council, the governing and legislative body of the Town of Durham, New Hampshire does hereby adopt Ordinance #2018-05 and does hereby amend Chapter 49 “Regulations of Dogs” of the Durham Town Code by adding a new section, Section 49-5, Titled “Removal of Excrement/Feces” directing owners of dogs to remove the excrement/feces of their dogs on public property as indicated below. Wording to be omitted is annotated with strikethrough type. New wording is annotated with underscoring.

Ordinance #2018-05 – Page 2

CHAPTER 49

REGULATION OF DOGS [HISTORY: Adopted as Ordinance #95-01 on March 6, 1995 by the Durham Town Council. All amendments included at time of adoption of Code].

GENERAL PROVISIONS 49-1. Leash Requirement.

Except as provided in section 49-2, all dogs in the Town of Durham shall be restrained by a leash not exceeding eight (8) feet in fixed length or a retractable leash with stop control.

49-2. Exceptions to Leash Requirement. Section 49-1 shall not apply in the following circumstances:

A. When the dog is physically present in a structure or vehicle of, or on land owned by 1. the dog’s owner; or 2. another person who has consented to the presence of the dog;

B. When, after receipt of a written request of any person, the Durham Town Administrator gives written consent, under such conditions that he shall set forth by written directive, for a variance from the requirements of section 49-1 for a particular occasion or event that, in the judgment of the administrator, justifies such variance; or

C. Federal or state law requires otherwise. 49-3. Impoundment.

A police officer or person designated as the Animal Control Officer is authorized to apprehend any dog not restrained as required by this chapter and impound it at a suitable animal shelter authorized by the Town.

49-4. Notice and Redemption

When a dog is impounded, the person who owns, keeps, or harbors such dog shall be notified forthwith. This person may reclaim the dog upon payment of all costs and charges incurred by the Town but in no event less than $50.00. If the dog is unclaimed at the end of seven days, the dog shall be turned over to the SPCA or other sanctioned facility.

Ordinance #2018-05 – Page 3

49-5 Removal of excrement/feces A. Definition: For the purpose of this section, the reference to a mechanical or

other device shall include, without limitation, a pooper scooper, a trowel, a shovel, a plastic bag or other appropriate container.

B. Removal from public property. Any owner or person having custody of any dog shall not permit the dog on public grounds, including public streets, sidewalks, parks, or any other public grounds within the town, unless the owner or person in control has in his possession a mechanical or other device for the removal of excrement/feces, nor shall such owner or person in control fail to expeditiously remove any such excrement/feces deposited by the dog in any such place, and subsequently dispose of said waste in a public trash receptacle, public dog waste receptacle, or by other means on property owned or occupied by the dog owner or the person with custody of the dog.

49-5. 6 Penalty.

Pursuant to RSA 31:39, III, any person guilty of violating this ordinance shall be fined as follows:

1st offense: $ 25.00 2nd offense: $ 50.00 3rd & subsequent offenses: $150.00

PASSED AND ADOPTED this day of , 2018 by a majority vote of the Durham Town Council with affirmative votes, negative votes, and abstentions. _____________________________

Katherine Marple, Chair Durham Town Council

ATTEST: _________________________________ Lorrie Pitt, Town Clerk-Tax Collector

TOWN OF DURHAM 8 NEWMARKET ROAD # DURHAM, NH 03824 11 A

Tel: 603/868-55A1GENDA ITEM: Fax: 603/868-1858

DATE: October 1, 2018

COUNCIL COMMUNICATION

INITIATED BY:

AGENDA ITEM:

CC PREPARED BY:

PRESENTED BY:

AGENDA DESCRIPTION:

Allan Howland & Sally Tobias, Councilors

DISCUSSION REGARDING POSSIBLE UNH STUDENT SENATE PARTICIPATION DURING THE COUNCILOR AND ADMINISTRATOR ROUNDTABLE SECTION OF COUNCIL AGENDAS - COUNCILORS ALLAN HOWLAND AND SALLY TOBIAS

Jennie Berry, Administrative Assistant

Allan Howland & Sally Tobias, Councilors

Councilors Allan Howland and Sally Tobias requested that this item be placed on Monday night's Council meeting for discussion. They are proposing that the Communication Liaison of the UNH Student Senate act as a non-voting participant during the Town Councilor and Administrator roundtable section of the Council agendas.

Over the past year, Councilors Tobias and Howland have worked to establish better communication with the UNH Student Senate. They have attended Student Senate meetings, and have been allowed to speak during the communications section of Senate's agenda. Attendance at the meeting has allowed them to gain a better understanding of students' views and an opportunity to relay the town's perspective. Councilors Tobias and Howland feel the town should reciprocate and allow the Senate liaison a similar opportunity to participate at the Town Council meetings. This would give the liaison an opportunity to report student initiatives and participate in discussions on town committees.

LEGAL AUTHORITY:

N/A

() Pnnted on RecycJed Paper

Council Communication, 10/1/18 - Page 2 RE: Discuss Possible Participation of UNH Student Senate Liaison During Councilor

and Administrator Roundtable Section of Council Agendas

LEGAL OPINION: N/A

FINANCIAL DETAILS: N/A

SUGGESTED ACTION OR RECOMMENDATIONS: No formal action is required. Discuss the concept being proposed by Councilors Howland and Tobias with respect to allowing participation of the UNH Student Senate during the Councilor and Administrator roundtable section of the Town Council agendas and provide direction if desired.