This set of minutes was approved at the July 21, 2014 Town Council meeting

DURHAM TOWN COUNCIL MONDAY, APRIL 7, 2014 DURHAM TOWN HALL- COUNCIL CHAMBERS 7:00PM

MEMBERS PRESENT: Council Chair Jay Gooze; Councilor Julian Smith; Councilor Robin Mower; Councilor Diana Carroll; Councilor Kitty Marple; Councilor Dave Howland; Councilor Wayne Burton; Councilor Kathy Bubar

MEMBERS ABSENT: Councilor Carden Welsh

OTHERS PRESENT: Town Administrator Todd Selig; Public Works Director Mike Lynch; Fire Chief Corey Landry

I. Call to Order

Chair Gooze called the meeting to order at 7:09 pm

II. Approval of Agenda

Councilor Smith MOVED to approve the Agenda. Councilor Marple SECONDED the motion.

Councilor Smith MOVED to amend the Agenda by putting Item X A, Resolution 2014- 07 endorsing the University of New Hampshire's offer to construct a mid-size outdoor swimming pool at no capital cost to the Town immediately after Public Comments so people interested in this issue could hear discussion on it in a timely fashion. Councilor Howland SECONDED the motion.

There was discussion about the best place in the Agenda to put Item X A.

The motion FAILED 4-4, with Councilor Smith, Councilor Howland, Councilor Marple and Councilor Bubar voting in favor of it.

Chair Gooze MOVED to amend the Agenda by putting Item X A after the Councilor Roundtable. Councilor Smith SECONDED the motion and it PASSED unanimously 8-0.

III. Special Announcements

A. RESOLUTION #2014-06 recognizing longtime and beloved Durham citizen Shirley A. Thompson acknowledging her many years of dedicated community service to the Town of Durham Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 2

B. Presentation of Resolution #2014-06 to the family of Shirley Thompson Councilor Smith MOVED that the Durham Town Council does hereby adopt Resolution #2014-06 recognizing Shirley A. Thompson and expressing gratitude and appreciation of the Durham community for her many years of dedicated public service and the selfless volunteer time and efforts she provided to that community. Councilor Marple SECONDED the motion.

Councilor Carroll said Shirley Thompson was an amazing individual with a wonderful spirit. She noted Shirley’s love of Durham and all her years of service to the Town, which she took such joy in. She said it was wonderful that she was being honored, and to see her family here tonight.

The motion PASSED unanimously 8-0.

Shirley’s son-in-law said it did his heart good to see what a small town was all about. He said this was a beautiful tribute to his mother-in-law, and also said the biggest tribute to her was her family.

IV. Public Comments

Bill Hall, Smith Park Lane, said taking the fire lane away from Smith Park Lane would not be a positive thing. He said for 25 years, there had been an agreeable relationship with it in place, stating that tenants living along the street all knew what it was and there was almost never an issue. He said if the fire lane was taken out, his fear was that it would send the wrong message to scofflaws, and said he preferred that this not happen. He said if the fire lane was taken out, it would be incumbent on the Church to keep the road open. Mr. Hall spoke further on this issue

Daniel Day, 89 Bagdad Road, said he was a 2013 graduate of UNH, and had followed the pool issue. He said there was a rumor that the UNH administration had plans for a 16,000 sf pool from the beginning. He said dialogue on the pool hadn’t been allowed, but said surely there could have been a way found to preserve the existing pool. He said some FUNHOP members were supporting the Resolution because they thought it was the best thing they could get, but said the UNH Administrators hadn’t answered a lot of questions, and also said he didn’t support this Resolution. He said it sent UNH and the State the wrong message, and he spoke further on this.

Sally Ford, 433 Bay Road, said she swam at the UNH pool before most members of the Council were born, and said no other pool came close to the magic of the outdoor pool. She said she hoped that when Councilors voted on the Resolution to destroy this pool, many of them would vote according to the wishes of constituents who had been here week after week. She said she hoped that if the Council didn’t vote unanimously to approve the Resolution, UNH would take notice of this and would ask why a big pool was being replaced with a small pool instead of taking funds needed for a small pool and allocating it to upgrades for a big pool. She said once the pool was destroyed, it would be Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 3

gone forever. She said what UNH was offering to everyone was a very small, shady pool, and said she hoped some Councilors would vote no.

Cathy Leach, Fairchild Drive, read a letter to the Council in support of the UNH pool proposal that had been signed by 80 people. It included numerous residents’ unsolicited comments.

Carol Glover said she had some questions. She asked if the Hamel Recreation Center was going to be expanded, and said if so, the design that had been laid out didn’t work because the rec center and the pool would overlap. She asked if when the agreement between UNH and the Town concerning the pool was signed, a lawyer had looked at the wording, including the part about giving a year’s notice. Administrator Selig provided details on this.

Ms. Glover said she was concerned about upcoming contracts with UNH that would affect taxpayers such as the new fire station. She also said she doubted if the pool would actually be built. She said UNH was asking the Council to endorse something but said she wondered if the plans then would change. She said she seriously doubted whether the Council should approve this Resolution.

Phyllis Heilbrennor, 51 Mill Pond Road, said there were different perceptions concerning this divisive issue. She spoke about the times Durham residents had come together to save the shores of Great Bay from an oil refinery, and to protect Wagon Hill, said these were high moments for the voice of the community. She noted other local assets that had been preserved through the work of members of the community. She questioned the process concerning the pool, and said it seemed that what was happening was also about the Hamel Recreation Center. She spoke further on this.

David Moore, 4 Stevens Way, questioned the fact that his name was on the list that Cathy Leach had referred to. He said he was perplexed about the proposed Resolution and said he didn’t understand why the Town was being extorted by the University to either support the proposed pool or not have any influence concerning it. He said he thought the Town could say it didn’t want to get rid of the pool and could think of other things that could work. He said the same people now promising to include the Town regarding the pool had broken the existing agreement concerning it.

Peter Andersen, Chesley Drive, said removal of the fire lane on Smith Park Lane wasn’t appropriate, given the current role it played as well as changes expected in that area. He said the real issue on this road was the steep slope, which the Town had caused, but that the Town could solve. He noted that he’d spent $2400 on the road last year and said the amount of sand going down the street had been dramatically reduced. He said although Smith Park Lane didn’t meet all of the criteria for having a fire lane, trucks could get down there without trouble. He said he thought the proposed removal of the fire lane was an attempt to steal people’s rights of access, and he asked the Council to take it off of the agenda.

Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 4

Carol Birch, 17 Garden Lane, read a letter from her neighbor, Anita Mather, which spoke in favor of keeping the pool. Janet Doty, Adams Circle, said she preferred to see the current pool restored, but asked that if there was going to be another pool, the existing pool that it would be kept open this summer because it would be a real loss if it was closed. She said she’d like to think that there were some short term measures to keep it running until construction began, if that in fact was going to happen.

Beth Olshansky, Packers Falls Road, spoke about the role of narrative in their lives. She said this had been a challenging time for the community, because UNH had changed the narrative concerning the pool several times, which was confusing and disheartening, and also resulted in a broken trust. But she said Administrator Selig and the working group had soldiered on trying to find common ground. She said while students and UNH presidents came and went, the reality was that it was the residents that stayed in Durham and raised their children here. She said the irony wasn’t lost on residents that President Huddleston had been hired in part because of his promise to improve Town gown relationships.

She said UNH had turned to the Town for approval concerning the pool issue so President Huddleston could tell the Trustees that the decision was consensual. She said she believed that UNH had backed the Town into a corner, and she spoke further on this, stating that there was an illusion that the Town was part of making the decision on the pool. She said voting on the Resolution was important because it at least expressed to the Trustees that this was not a decision being taken lightly and was very difficult for the community. She said Durham needed to craft its own narrative concerning its relationship to the pool and the University in the future.

Ms. Olshansky said in 30 years, she and many others wouldn’t be around, but said the generations to come wouldn’t know about the tremendous loss to the community that had happened in 2014. She said it would take a long time for residents to heal concerning this issue, and said she didn’t envy the position Councilors were in. She said it was a difficult decision.

Jim Lawson, Deer Meadow Road, said he supported the Resolution but would like to suggest a change to it. He said he had a concern that the wording in the Resolution “…the Council would prefer to see a pool that is the best and largest for the available funding.” He said wording could become problematic going forward, depending on how it was interpreted. He said the word “best” was subjective, while the word “largest” was not, and said it would be reasonable for the University and Trustees to conclude from this wording that the community’s priority was that bigger was better for Durham.

He said at the pool size being contemplated, he thought the design became the most important consideration. He said there were designs that could be larger at the same cost and best for many pool uses that would still be far less desirable for the community. He suggested that the focus should not be on the size, and should be on a pool that was consistent with the community concept that had been presented. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 5

Mr. Lawson said he was also concerned that the statement tied funding to the size of the pool. He said if the funding required for the pool turned out to be greater than what was projected, a question was whether the size of the pool would then have to be reduced. He recommended that if the Council went forward with the Resolution, it should decouple the funding and size aspects of it, and keep the focus on the proposed size and community concept that was presented.

He said he liked the design concept that had been presented because there did seem to be a focus on the community aspect of the pool. He noted that UNH would be the only main campus of a New England state university with an outdoor pool, and said that made this pool unique. He said it also warranted the support of the Council with this Resolution because the pool design had a tremendous focus on the community, unlike traditional university pools that were rectangular lap pools.

Mr. Lawson said the Council should expect some challenging questions from UNH Trustees and major UNH donors, given other state schools and competing spending priorities at UNH. He said if the pool concept moved forward as presented, Durham residents would be very fortunate, and said he would be very grateful to the University and its Trustees.

Julia Rodriguez, Thompson Lane, said she heartbroken, noting that she was an historian and saw that the pool was unique. She said destroying it was a black eye on Durham and the University, and said the loss would only be felt when the bulldozers arrived. She said the pool had operated without interruption for 75 years, and was magical. She said this felt like a fait accompli but said it was a huge mistake and would be a loss to the Town and the University. She said she appreciated the incredible amount of thought the Council had put into this, and said she didn’t envy the decision they had to make.

She suggested two amendments to the Resolution, one which was to keep the pool open this summer and meanwhile hash out a really good design and plan for the new pool. She said this could start the healing process. She said the Council should also consider putting forth a referendum to determine if residents wanted to go into financial partnership with UNH, to jointly fund and manage a new pool She noted what the new Library had done for the community, and said money needed to be spent in order to create civil life in a town. She said the pool was pretty much it in the summer.

Pat Craig, 139 Lee Road, said she wondered if the University was actually motivated by the Hamel Center expansion and needed to reduce the size of the pool in order to do this.

Diane McCann, Oyster River Road, said she was perplexed by the drawings that had been provided concerning the pool. She said it appeared that what was proposed was more than half the size of the current pool, but said it was known that this was not in fact the case. She asked what the plan was for adults in Durham to have a recreational place to go to in the summer if UNH’s plans went forward. She said she didn’t know where such Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 6

other places were in Durham, and said perhaps they could go to the Library. She asked the Council to make a plan concerning this, if they were going to continue with this process.

Peter Smith, Piscataqua Road, noted that he and the pool were both 75 years old. He said he’d had lengthy conversations with a person at the University he respected concerning this unfortunate affair, and said he didn’t know of any event in Durham that had created the animosity and difficulties between the Town and the University that it had regrettably created. He said whatever the Council did or didn’t do now, this wouldn’t suddenly disappear. He spoke about the fact that UNH struggled because of the strange way that the State of NH operated. He said it was to the University’s advantage to have the best possible cooperation with the Town, but said much of the good will that had been built up over the years had now been destroyed.

He asked why the University wished to have the Council pass the Resolution, stating that there was no question that all of the power rested with UNH on this matter. He said the University didn’t t have to come to the Town for anything, and was doing this because it wanted to be able to tell the Trustees that the governing body of the Town was on board in some way concerning the pool.

Mr. Smith noted that he was at a meeting at the Library concerning the pool where it was made very clear that a lot more knowledge needed to be put on the table in order to make an informed judgment. He also noted that he sat on the Council for six years, and said if he were on the Council now, he would continue this matter because there was no way he would feel he had the knowledge he needed in order to make a decision. He said he hoped the Council would wait until it had more detailed information on what was possible to do with the amount of money the University had allotted for the pool. He said the Council wasn’t in a position to do that now.

Dan Valenza, 139 Lee Road, said he’d been going to the pool since 1959. He said he’d started but hadn’t finished two letters to the editor on this issue, and said the lack of information right now was what he kept thinking about. He said he’d spoken to an attorney about whether it was legal for the University to do this to an original, federally sponsored and paid for structure. He said the University had never provided information on whether there were legal grounds for getting rid of this beloved structure.

He also said there was a lack of information as to how plans for the Hamel Recreation center directly or indirectly fit into this situation. He said the location of the old Business School was an ideal location for the recreation center. He also said destroying the front of the Snively Arena would be heresy, and spoke further about possible changes to that area. He said he’d like to see the arena open year round, including as an ice rink, instead of seeing another building there. He said he wished the University was more forthcoming and transparent.

V. Approval of Minutes – None Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 7

VI. Councilor and Town Administrator Roundtable

Chair Gooze noted the recent CALEA accreditation process for the Durham Police Department that he had participated in, which determined that the department was a tremendous asset to the community. Councilor Carroll said she was a participant as well, and noted that the Police Department had asked to be judged according to the gold standard of CALEA, which turned out to be the same criteria that the Department used every day. She said residents had a lot to be proud of concerning the Durham Police Department. Councilor Smith said he spoke at the hearing that was part of the CALEA process, concerning a negative matter. He said it was a good department, but said some mistakes had been made.

Councilor Howland said he’d sent Administrator Selig and Business Manager Gail Jablonski an email on 3/19 to get clarification on the amount of money that had been spent to date on the Town’s stormwater/nonpoint pollution plan. He reviewed the spending authorized in the 2013 and 2014 budget for this work, and said assuming these numbers were correct, he’d like to know how much of this had been spent and how much was left.

He said the wider context for this was the meeting of some Town staff and some Councilors with the EPA about the Town’s plans to further reduce nitrogen going into Great Bay. He said the general message of this meeting was that Durham was doing very well with nitrogen reduction and need not be in a rush to get to 3 mg/liter, and that a lot of the other towns impacting Great Bay had a lot of catching up to do. He said it seemed that the spending from here on out in Durham might therefore be unnecessary.

Councilor Howland said there was some data to be collected that was time sensitive, but said if the Town wasn’t going to try to meet 3 mg/liter right now, a question was whether it made sense to spend money to do this data collection. Councilor Mower questioned raising that issue at this meeting, when there couldn’t be a full discussion on it, and asked that it be an agenda item at a future Council meeting. After brief discussion Chair Gooze said it could be put on a future agenda.

Administrator Selig said the Business Office and the DPW were in the process of determining how much had been expended of 2012 and 2013 money that had been budgeted. He said the consultant had been given the go ahead to finish the draft implementation plan. He said an outstanding issue was how the public hearing process would proceed, and said there would be additional conversation about this. He recommended having additional discussion on this issue at the Council’s first meeting in May.

Councilor Mower said the Energy Committee had met recently and was in the process of doing research on what other towns were doing concerning solar property tax exemptions. She noted that the Council had been informed a few months ago that clarity was needed concerning the language on this exemption. She said there had also been discussion with Durham’s Assessor about impacts of property tax exemptions on the Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 8

Town’s tax base. She said the Energy Committee was oriented to a tax neutral solution, and said it would be coming to the Council with a recommendation within the next few months.

Councilor Burton said he’d attended the recent Strafford Regional Planning Commission quarterly meeting and said there was a good presentation on designing Cottage neighborhoods. He spoke briefly on this, and said a model presented at the meeting looked a lot like the Cottages student housing development in Durham. Administrator Selig said it was in fact a new urbanism plan, and reflected design suggestions from the Town.

Councilor Burton said there was also a really interesting presentation on current issues concerning workforce housing in New Hampshire, and he noted the resource guide he’d received in regard to this. He spoke about the vital information SRPC was providing to local towns, and also said he thought Dr. Richard England would be an excellent addition to the Commission.

Councilor Carroll said the Conservation Commission still had some openings, and said it was a wonderful commission to be part of.

Councilor Bubar said she’d recently attended her first Planning Board meeting as an alternate Council representative to the Board.

Councilor Marple said at the most recent Historic District Commission meeting, the Commission approved a handicap space for a property located at 24 Newmarket Road.

She said the Commission also discussed some final design tweaks for the Orion project, and said one of the changes was significant, to make buildings A and B 2-4 ft higher than the HDC had first approved. She said the architect said people walking on Main St. wouldn’t notice any real difference in height. She said based on this information, the HDC approved the changes on a 3-2 vote, with Peter Stanhope and Andrea Bodo voicing strong opposition to the height change. Chair Gooze asked if the Orion project would have to go back to the Planning Board, and Councilor Marple said no.

Councilor Smith provided a review of the March 26th Planning Board meeting: - There was a public hearing on the Schoonmaker site plan application and conditional use permit application, and both were later approved. - There was a public hearing on numerous amendments to the Zoning Ordinance concerning the MUDOR and ORLI districts. He said many comments were received from the public and all but two were in favor of the amendments. He said the public hearing was closed and deliberation on them would take place at this week’s Planning Board meeting. - The public hearing on the Mathes Terrace site plan application continued, and said there were a number of issues that were still to be resolved. - There was discussion on a new proposed use “elderly mixed housing development” for the Durham Business Park and the Town as a whole. He said a number of Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 9

questions were raised about this proposed use, which had been suggested by the Economic Development Committee. The Board asked that EDC member(s) come to the next Planning Board to discuss the proposal with the Board.

Councilor Smith passed around copies of a book that he believed would be useful for Councilors, and asked that Councilors read it and also pass it on to future Councilors.

Councilor Smith noted an email he had sent a week ago asking that Attorney Laura Spector Morgan’s letter concerning the outdoor pool be put on the Council’s Agenda. He said he’d like to make a motion that this letter be released to the public, and said he hoped he would get a copy of the letter, and an opportunity to discuss it at the Council’s next meeting.

Administrator Selig provided a summary of numerous issues he’d recently been dealing with. • He said he and Chair Gooze met with new Councilor Kathy Bubar and provided her with an orientation concerning being a member of the Town Council. • He said he’d recently spoken at two classes at the Thompson School focusing on local government. He provided details on this. • He said he and Town Planner Michael Behrendt spoke recently with Colonial Durham Associates representatives about future conceptual ideas for Mill Plaza that the reps had provided. He briefly reviewed some of the history concerning planning efforts for Mill Plaza. He said he and Mr. Behrendt provided a lot of feedback on these recent conceptual ideas, and said the representatives would consider this feedback and whether they would bring additional ideas for the Town to consider.

Councilor Smith recommended that for future discussions, he and others who were knowledgeable about the Mill Plaza should be invited. Administrator Selig said the representatives had asked that it be a small group, but said he didn’t disagree with what Councilor Smith had suggested.

• He said he, Councilor Welsh, Jim Lawson and Ute Luxem had spoken about a month ago with Dick Cannon and others from UNH about working together to enhance parking downtown. He said there was some interest among them in evaluating the idea of providing some kind of structured parking downtown. He said a key question was where that would be located, and said there would be further discussion about this. • He said he’d had a series of conversations in recent weeks with owners and investors wanting to invest in the downtown. • He said the Town had advertised for a part-time Economic Development director. He said the new website for the Economic Development Committee would be announced soon. • He said there was active conversation going on regarding redevelopment of the existing Town Hall site, and noted that developer Scott Mitchell had showed him several different plans. He said he was hopeful that discussion on the project would Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 10

start in the near future, and said it was likely that the redevelopment would involve a pharmacy of some type. • He said he’d asked the Traffic Safety Committee to put back on the agenda a plan to narrow down the travel lanes on Main Street, from Pettee Brook Lane to Madbury Road, to one lane in order to create traffic calming and additional parking. He said the design would include a designated bike lane on the right hand side. He noted that there would be a bicycle study that could help inform the traffic planning underway for Main Street. • He said some analysis had been done on wages for Town Library staff, and said there would be a meeting with the Library Board of Trustees when there was something specific to discuss on this issue. • He said the Durham Landlord Association had filed a challenge to the Town’s housings standards ordinance. He said he’d had discussions with Attorney Laura Spector Morgan concerning a response to the challenge, and said he reviewed a draft response today, which would be filed at the end of this week. • He said it was anticipated that the move to the new Town Hall would occur in July/August. He noted that the construction was about 5-6 weeks behind schedule because of the weather this past winter. He said the plan was to beam the Internet signal over to the new facility in order to be able to facilitate the move over there one office at a time in away so that there would be operational capabilities at both locations and the number of days Town Hall operations would be closed would be limited. • He provided details on collaboration with UNH concerning handling the upcoming Cinco de Mayo celebrations in Town. He said the police would provide high visibility in order to encourage good behavior day and night. • He said he would be making presentations at two upcoming climate type conferences on what Durham was doing to mitigate the impacts of climate change and be more sustainable. • He said he’d been spending a lot of time on the pool issue in recent weeks/months. • He noted that the vending machine outside of the Council Chambers was now gone, after recent discussion by the Council on it.

Chair Gooze said as the public could see there were more issues than the UNH pool issue that the Council and Administrator Selig needed to talk about.

The Council stood in recess from 8:54 to 9:01 pm.

X. Unfinished Business

A. RESOLUTION #2014-07 endorsing the University of New Hampshire's offer to construct a mid-size outdoor swimming pool at no capital cost to the Town

Councilor Mower first read the Resolution in its entirety.

Councilor Mower MOVED that The Durham Town Council does hereby approve Resolution #2014-07 conveying to the USNH Board of Trustees its endorsement of the Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 11

University of New Hampshire's proposal to absorb the full cost of replacing the existing 'flow-through" pool with a midsize (14,000- to 16,000-square-foot) pool, currently estimated at $4.4 million, that will meet modern standards, open in the summer of 2015, and be accessible to UNH-Durham community members of all ages, although the Council would prefer to see a pool that is the best and largest for the available funding. Furthermore, the Council hereby directs the Town Administrator to continue advisory dialogue with UNH relative to efforts to ensure that planning for a replacement pool overtly honors the existing pool's historical significance and is informed by collaboration with representatives of the Durham community on design features. Councilor Marple SECONDED the motion.

Councilor Mower suggested that there be some discussion on this motion before anyone suggested an amendment to it.

Chair Gooze said this was a good Resolution, and said it explained what had happened. He said he had one problem with it that made it difficult for him to full accept it, and said he would speak about this later.

Councilor Smith thanked Councilor Mower for the good work she had done on the Resolution. He recommended the insertion of “unilaterally” before “…terminated the longstanding…” in the first Whereas in the Resolution.

Councilor Mower said it might be worth discussing why some Councilors believed a Resolution was valuable and others didn’t.

Councilor Smith said passing the Resolution would have some value, but said he intended to vote against it. He said he thought there was value in formally rejecting it. He said if the Resolution passed, this would be a card in the hand the University was playing with the Trustees. He said it wasn’t just the pool that the University administration was bringing before the Trustees, stating that there was also a much more expensive extension of the Hamel Recreation Center and the new football stadium. He said as a member of the original outdoor pool working group, he’d started asking how much it would cost and where the money would come from, and said either the University didn’t know the answer or wasn’t telling anyone.

Councilor Burton said his goal in being on the new working group was to get the best pool for Durham, and said he’d kept asking what the best way was to get this. He said he applauded Councilor Mower for putting together this Resolution. He said UNH was more likely to fully engage in discussion with the Town on detailed design of the pool if the Council vote for the Resolution rather than against it, and said that was why it was better to stay engaged.

He spoke about his work with Mark Rubenstein on this issue and the student behavior issue, and said he was particularly impressed with how UNH had responded concerning the student behavior issue. He noted that there was some distrust among some members of the community that UNH wouldn’t actually go forward with its proposal to participate Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 12

with the Town to build a modern pool of 16,000 sf in the round design that they had seen. Councilor Burton asked Mr. Rubenstein if he would be willing to make some reassuring comments to the public concerning this.

Councilor Smith said he thought they already had the best pool. He said Councilor Burton had said that if the Council rejected the Resolution, it would be less likely to be able to provide input on the design. He said he didn’t think they should have any input on such a design whether the Resolution passed or not. Chair Gooze said he didn’t think there was the best pool right now.

Mark Rubenstein, UNH Vice President for Student and Academic Services, said the University was committed to this project. He said there was a programmatic need for an outdoor swimming pool, but noted that while the undergraduate students had originally asked for the smallest possible pool, this proposal that had now come back tried to strike a balance. He provided details on this, and also spoke about the benefit of having a relationship between the University and the community.

He said UNH had been in Durham for 120 years, and said the University and the Town shared a much deeper relationship than their relationship concerning the pool. He said it was the Council’s call whether or not to support the Resolution, but said he wouldn’t expect that the particular vote would change the University view of engaging the Town in the design process and the ongoing stewardship of a new facility.

Councilor Mower asked what process was envisioned where members of the community could participate in the design committee. Mr. Rubenstein said there would be a formal design committee, where representatives from the Town and the University would put together a proposal. He said UNH was looking for confirmation now that it was on the right track so could move ahead with the design. He said they were looking at being closed this summer but didn’t want to be closed for the summer of 2015. He said it was expected that those involved in the design process would be a nimble, agile group, and noted that historic resources people would be involved in this process.

Mr. Rubenstein said it had seemed sensible to provide a formal proposal to the Council, and said it was only later that the issue of creating a Resolution had come up. He said if the Town chose to endorse it that would be helpful, and would be part of the conversation with the Trustees. He spoke further on this.

Councilor Burton said no one in the room should believe that a yes vote meant he was happy that the old pool would be gone. He spoke in some detail in regard to the economic realities surrounding the pool, the funding realities concerning the pool itself, and how they had all gotten to this point. He said with this Resolution, the Town would continue to engage with UNH to get a pool that would meet various needs. He said as a Councilor he had to make the decision that to him would best serve the Town.

Councilor Smith asked if the University would ask the Board of Trustees to approve the football stadium, the Hamel Recreation Center and the outdoor pool project. Mr. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 13

Rubenstein said the Hamel Recreation Center project wouldn’t go to the Trustees until the fall, once they had settled what would be going on with the pool. Councilor Smith asked if it was correct that the major cost of these improvements would come from bonding and/or student recreation fees. Mr. Rubenstein said no, and said the University would borrow from its own reserves to fund the pool, and repay this money over time. There was discussion.

Councilor Howland said this was not an easy choice, and said he respected everyone’s choice. He said he believed the Council would pass the resolution, and said this was hard to argue with given that UNH had unilaterally decided to shut the historic outdoor pool this summer and replace it. He said the choice between a brand-new 10,000 square foot pool and a 14,000-16,000 square foot pool seemed obvious. He said the Resolution was thoughtfully written and allowed them to move beyond some of the bigger arguments with UNH, which included whether the original pool would be closed this summer and whether it would be replaced by a modern pool.

But he said some important details were left unresolved, including whether the pool would be overshadowed by a new building; how deep and what shape it would be; whether town residents would have access to it or be able to afford it; and when it would be built. He said UNH had made a choice not to hash out these issues with Durham yet, and first wanted the Town Council’s support for asking the Trustees to fund a pool that was bigger than the University said it really needed. He said if he was a Trustee, he’d want to know that the design and financial operating details had been hammered out with the Town and that they were acceptable. He also said if he was a student on the hook to pay for the pool, which was how UNH wanted to fund it, he’d ask what was going on.

Councilor Howland said as a Councilor, he had no idea what cost residents might be asked to pay for what kind of access to what sort of pool. He said if the pool was built, the price wasn’t right and the Town balked, they would seem ungrateful. He said it didn’t have to be this way, and said as he’d cautioned earlier in this debate, there was a lesson to be learned here about fair process. He noted that UNH didn’t have to listen to the Town, owned the land so could do what it liked, and he said this had happened, which was unfortunate.

He said he believed that a vote on this Resolution represented a much bigger issue than the pool. He said this matter would likely pale in comparison to the cost of future joint ventures with the University, including the water treatment plant overhaul, stormwater mitigation, or a new fire station. He noted that the Resolution referred to: “the Agreement's recognition of the intertwined interests of UNH and Durham to work cooperatively for their collective well-being and future …”. He said that sounded good, but said the reality was that this “agreement” was the result of little or no cooperation. He said real cooperation didn’t leave such a trail of tears, and so much up in the air. He said the Town did need to work cooperatively with UNH for their collective well-being and their future. But he said this situation was not the model for doing that, and said it would set a troubling precedent. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 14

Councilor Howland said he rarely voted to abstain, but would abstain on this Resolution. He said voting against the Resolution would send the wrong message to UNH and the University system trustees. He said having a larger versus a smaller outdoor pool would increase the chances that residents might be able to swim there, and said he wouldn’t want to stop UNH from asking for that. He said if it came through, if the Town could help plan it, if it was beautiful, if a fair way could be found to support its upkeep, and if residents could afford and enjoy it for decades to come, Durham residents would be most grateful.

But he said voting to approve this Resolution would give the Council’s official blessing to a process that had led to this no-guarantees, take-it-or-leave-it choice, with so many “ifs”. He said a University Trustee might reasonably think that as worded in the Resolution, that the agreement recognized “the intertwined interests of UNH and Durham to work cooperatively for their collective well-being and future.” He said at least one Town Councilor needed to acknowledge that this was neither a compromise nor a constructive model for cooperation with the University. He said abstaining recognized that despite the Council’s best efforts, this decision process was never really in their hands.

Councilor Carroll noted that the University had recently released an official report entitled Climate Change in Southern NH, Past, present and future. She said in light of this report, she found it amazing and short-sighted that UNH would consider closing what was probably the largest outdoor pool in the State. She said a large pool might be needed to bring relief in the longer, hotter summers that were expected in the future. She provided details from the report on this and said some of this was already happening. She noted that Administrator Selig had just said he’d be going to two climate change meetings. She said municipalities all over the country were talking about their infrastructure in light of climate change, and she said pools were part of the infrastructure they needed to look at, especially when they already had them.

She said she’d come to realize that while the Resolution was extremely well written, the University didn’t need an up or down from the Council. She said the Council wanted to work together with the University, but she noted that in her nine years on the Council, she had only been backed into a corner twice, and said this was one of those times. She said she was sorry to say this. She said she was sorry that the things she thought would be talked about more and would be out in the open didn’t get talked about, and said there were some basic questions that were never answered. She said she agreed with much of what Councilor Howland had said. She said of course Durham wanted to work cooperatively with the University, but said she felt like they were all playing poker right now, and said she didn’t like that.

Councilor Carroll said in light of all that had happened, she still wanted to see the best designed pool for the University and the Town, and one that would meet various needs. But she said she didn’t feel that anymore was needed right now from the Council on this. She said the community would like a large pool that met the needs of young children, older citizens and everyone in between. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 15

Chair Gooze said he’d been in Durham for 35 years, and came here because it was a University Town. He said he didn’t have the same feeling as those who were so angry about the University because of the pool and other issues that had affected them. He said he had acquaintances who were glad to accept the University’s offer concerning the pool or didn’t care if there was a pool, and said it was important to know that there were those other perspectives out there.

He said he understood the passion of those who didn’t want the pool to close, but said it was the University’s decision to close the pool. He said given that reality, the Town needed to work with that and get the best result possible. He said that was why he would vote for this Resolution. But he said he would have one suggestion on the Resolution.

Councilor Smith said he didn’t have animosity toward the University, and had enjoyed working there. He said he was annoyed at some of the bad decisions individual administrators had made over the years, but tried to separate that. He said he had chosen to live in Durham and had been here for 49 years. He noted his family’s use of the pool over the years. He said voting against this Resolution would send the right message to UNH and to the Board of Trustees.

He said at early meetings of the working group, there was discussion about perceptions of the pool being unclean and having water that wasn’t clear. He noted his experience with swimming places in Durham and elsewhere that were far from pristine, where his grandchildren had played. He invited people to come to the pond on his property if the UNH pool closed this summer.

He said at the 2012 campus Master Plan meeting where it was claimed that the pool had outlived its usefulness, he and others spoke concerning this. He said the University had been on notice for several years that some people were a little puzzled about the decision to close the pool. He noted that an anthropology researcher spoke recently at a Council meeting about inalienable possessions, which were the kind of possessions that could not be sold or taken away. He said the pool was an inalienable possession, and said he didn’t think there was any danger in telling the University that the Council could not endorse the plans for the pool.

Councilor Burton said adult use of the pool had dropped by 2500 visits over the last five years, and said youth usage was about the same. He said the highest increase had been by UNH students, and represented almost the highest usage of all of the categories. He said when he talked to people about why they didn’t use it, some said they would like a pool with a clean bottom. He said a modern pool might increase usage by youth and adults in Town. Councilor Smith said if the pool was left open this summer, he would bet the usage of the pool by residents would increase.

Councilor Bubar said one of her concerns was that it had been stated publicly that there were health and safety issues concerning the pool. She said having stated this, if something then happened, the University’s liability would be off the charts. She said it wasn’t the Town’s pool, and also said she would be much more emotional about this Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 16 issue if the University had said they were closing the pool and that was it. She said the University had put up with what was almost abuse, had engaged in dialogue and had been very patient. She said it was terrific that they were saying they were willing to build a pool that the community could use.

Councilor Mower said she chose to draft the Resolution because she believed that the bare motion brought forward at the last meeting was not only precipitous but also lacked context. She said she respected Councilor Howland’s desire to abstain, and also said the Council didn’t have to vote on a motion. She spoke in some detail on this.

She said the motion didn’t have much authority, but did convey a particular message. She said for those Councilors who were concerned that the lack of a message might result in a smaller pool, she believed it was incumbent upon the Council to try to acknowledge the offer that had been extended, and to take the best shot at getting that offer.

Administrator Selig noted that there were two pages of questions that members of the public had raised. He went through each question and answered each one in detail. The questions were concerning the following • The pool agreement between the Town and the University • The timing of the decision on the pool • Concerns that the new pool would be a modern, ubiquitous pool • Why can’t more time be taken to work out the details • The pool is safe enough now • Possible joint funding of a new pool • The size of the proposed pool • More detail is needed • There should be a referendum • Can an historic facility be dismantled • The issue of cooperation with UNH • Climate change • Can the pool stay open this summer

Administrator Selig noted that Councilor Welsh had indicated to him that he was in favor of the Resolution. He said this was a hard issue, and said he didn’t particularly like the Resolution, but it was his experience that most good public policy was a result of compromise. He said this Resolution represented compromise.

Councilor Mower noted that people had expressed some irritation that UNH was contemplating a $25 million football stadium, so why couldn’t they deal with something more than a $4.4 million pool. She asked Mr. Rubenstein if he believed his office would be able to strongly advocate with the Board of Trustees concerning what had been discussed with the Town in regard to the pool. Mr. Rubenstein said both facilities served different, important purposes, and said the Trustees understood the value the pool would have for the community and the relationship between the University and the community. He said he couldn’t imagine that this would be an either/or choice between the facilities or that the pool would be sacrificed as part of the decision-making. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 17

Mr. Rubenstein noted that the Resolution and the text preceding it referred to a modified flow through pool, and said that needed to be changed

Chair Gooze said he was uncomfortable with the part of the Resolution that said “although the Council would prefer to see a pool that is the best and largest for the available funding…” He said a better place to put wording concerning the size of the pool was in the fifth Whereas, “Reflecting the Agreement's recognition of the intertwined interests of UNH and Durham to work cooperatively for their collective well-being and future, over the past six months an ad hoc working group consisting of the Durham Town Administrator, UNH representatives, members of the Town Council, and interested citizens considered various options (including a 10,000 sf pool adequate for UNH programs, a 14,000-16,000 sf compromise pool, and a 32,000 sf pool preferred by many Durham residents), for ensuring a safe and welcoming replacement outdoor pool for the UNH-Durham community; and....

There was discussion. Councilor Mower said she didn’t have a problem with moving the reference to the size of the pool as Chair Gooze had suggested. She said she didn’t think the Council didn’t ever vote to say it would have preferred to see a pool that was “…the best and largest…”

Councilor Burton said it was good that the Resolution provided some history and acknowledged the work of FUNHOP. He also noted that he had suggested the wording “…although the Council would have preferred to see a pool that is the best and largest for the available funding…”, but said he was fine with the alternative language Chair Gooze had suggested.

Chair Gooze said he thought the change he had suggested acknowledged FUNHOP. Councilor Mower said the wording Chair Gooze had proposed acknowledged that different size options were considered, and that the 32,000 sf pool was preferred by many Durham residents.

Chair Gooze MOVED that the 5th Whereas in the Resolution should include the wording “….considered various options (including a 10,000 sf pool adequate for UNH programs, a 14,000-16,000 sf compromise pool, and a 32,000 sf pool preferred by many Durham residents), for ensuring a safe and welcoming replacement outdoor pool for the UNH-Durham community.” Also, the wording on page 2 “…although the Council would have preferred to see a pool that is the best and largest for the available funding…” should be removed from the Resolution. ______SECONDED the motion. NOT SURE WHO SECONDED THE MOTION

Councilor Carroll said that existing wording on page 2 was crucial. She said there hadn’t been a lot of time to look at all of the designs, and also said the University should keep it in mind that Durham would like something a little larger. Chair Gooze asked if this wording gave UNH the right to go smaller if that was what they could get with the available funding. There was discussion, and he said that was why he would like to take Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 18

that wording out. Councilor Mower said a purpose with the amendment was to decouple the funding and the size of the pool.

The motion PASSED 5-0-3, with Councilor Carroll, Councilor Howland and Councilor Smith abstaining.

There was discussion that the description “modified flow through pool” need to be removed from the Resolution. Also, concerning the wording “unilaterally” that Councilor Smith had recommended for the first Whereas, Councilor Bubar said she didn’t know what adding that statement accomplished, and said it seemed antagonistic. Councilor Smith agreed, and the word “unilaterally” was not included in the Resolution.

Councilor Mower MOVED to delete “outdoor modified flow through” from the 6th Whereas. Councilor Bubar SECONDED the motion, and it PASSED 5-0-3, with Councilor Carroll, Councilor Howland and Councilor Smith abstaining.

Councilor Smith said he objected to the last sentences on the second page of the Resolution “Furthermore the Council hereby commends the working group for its success in advancing various stakeholder interests and directs the Town Administrator to continue advisory dialogue with UNH relative to efforts to ensure that planning for a replacement pool overtly honors the existing pool's historical significance and is informed by collaboration with representatives of the Durham community on design features.…” and said he thought it should be removed.

Councilor Mower asked Councilor Smith why he didn’t believe that the working group had helped advance stakeholder interests. Councilor Smith said the group was chosen by Administrator Selig, and said two members of it were clearly against any effort to save the pool. He also said he didn’t think Administrator Selig should spend any more of his valuable time on this issue.

Councilor Burton said he resented Councilor Smith’s statement, and said he (Councilor Burton) had not gone into this process with a predetermined attitude. He said he’d written an editorial for Fosters that protested the closing of the pool, and sponsored a resolution asking the University to reconsider closing the pool and to consider maintaining the pool at its current size. Chair Gooze said he agreed with this, noting that at first he made the statement that the Council would support keeping the pool. But he said once the University decided it was going to close the pool, he and Councilor Burton did the best they could for Durham.

Councilor Smith said at the time the Council voted to preserve the pool, the University had already made its decision. Councilor Burton noted that FUNHOP leaders were on the working group and were active, vocal members of the group. Councilor Mower said she believed that the chance of getting a larger than 10,000 sf pool would have been significantly diminished if the working group hadn’t been working tirelessly on this issue. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 19

Councilor Burton noted that the UNH Student Senate had originally passed a resolution approving a 10,000 sf pool. But he said at the last working group meeting, the President of the Student Senate didn’t assert that. He said he saw this as movement by students toward the Town’s position, and said this was achieved by the working group. He also said this said something about the character of this young man, and his ability to compromise. He said perhaps he was setting an example for the rest of us. The amended motion PASSED 5-1-2, with Councilor Smith voting against it and Councilor Carroll and Councilor Howland abstaining.

VII. Unanimous Consent Agenda

A. Shall the Town Council, upon recommendation of the Administrator, award the build out of Category 6A ISO Structured Cabling System to JDSCC, Inc. of Pelham, NH for a total bid price of $44,172.53 and authorize the Administrator to sign associated documents? B. Shall the Town Council refer to the Planning Board for its review and study, a Council-initiated ordinance amending Chapter 175 "Zoning", Article XXIII "Signs and Communications Devices", Sections 175-129, 175-131, and 175-133 of the Durham Town Code relative to political signs? C. Shall the Town Council, upon recommendation of the Administrator, award the 2014 road resurfacing/ sidewalk bid to Continental Paving, Inc. of Londonderry, NH in the amount of $412,390 and authorize the Administrator to sign the associated contract? D. Shall the Town Council, upon recommendation of the Administrator, award the bid for purchase of a new 36,220 GVW dump truck with snowplow attachments to Liberty International, Manchester, NH in the amount of $137,205? E. Shall the Town Council, upon recommendation of the Administrator, award the construction contract for recoating the interior and exterior of the Foss Farm Water Storage Tank to Worldwide Industries Corp. of Butler, Pennsylvania in the amount of $609,700 and authorize the Administrator to sign associated documents?

Chair Gooze asked that agenda item VII B be pulled off of the Unanimous Consent Agenda.

Councilor Smith MOVED that the Town Council approve Unanimous Consent Agenda items A, C, D and E. Councilor Marple SECONDED the motion, and it PASSED unanimously 8-0.

After discussion on VII B, it was agreed that Section 175-31 D ”This section is not intended to regulate or restrict signs expressing political, noncommercial or non- advertising messages” would be moved to the end of Section 175-129 A.

Councilor Smith MOVED that the Durham Town Council does hereby, in accordance with Section 175-14(B) of the Durham Zoning Ordinance, refer to the Planning Board for its review and study a Council-initiated ordinance to amend Chapter 175 “Zoning", Article XIII “Signs and Communications Devices" Sections 175-129,175-131, and 175- Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 20

133 of the Durham Town Code, as amended. Councilor Marple SECONDED the motion, and it PASSED unanimously 8-0.

VIII. Committee Appointments

A. Shall the Town Council, upon recommendation of the Planning Board, appoint Richard England, 18 Orchard Drive, to the Strafford Regional Planning Commission and MPO Policy Committee?

Councilor Smith MOVED that the Durham Town Council hereby appoints Richard England, 18 Orchard Road, to the Strafford Regional Planning Commission and MPO Policy Committee with a term expiration of April 30, 2018. Chair Gooze SECONDED the motion.

Councilor Mower noted that the Planning Board had been positively inclined to appoint Mr. England. She asked that the Council request that Mr. England report to the Planning Board on his work on the MPO Policy Committee.

The motion PASSED unanimously 8-0.

B. Begin the process for making annual citizen appointments to vacancies on various Town boards, commissions, and committees

Councilor Mower MOVED that the Town Council does hereby, upon recommendation of the Durham Public Library Board of Trustees, appoint Charlotte Ramsay, reappoint Carolyn Singer, and appoint Nancy Webb to one-year alternate member terms on the Durham Public Library Board of Trustees, with said terms to expire on April 30, 2015. Councilor Marple SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Raymond Rodon to a three-year regular member term on the Economic Development Committee, with said term to expire on April 30, 2017. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Michael Sievert to a three-year regular member term on the Parks and Recreation Committee, with said term to expire on April 30, 2017. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Burton MOVED to extend the meeting beyond 10:30 pm. Councilor Mower SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Coleen Fuerst to a three-year regular member term on the Conservation Commission, with said term to expire on April 30, 2015. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 21

Councilor Mower MOVED that the Town Council does hereby reappoint John Parry to a three-year alternate member term on the Conservation Commission, with said term to expire on April 30, 2017. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Andrea Bodo to a three-year regular member term on the Historic District/Heritage Commission, with said term to expire on April 30, 2017. Councilor Marple SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby recommend for reappointment by the NHDES Commissioner Jim Hornbeck to a three-year term on the Oyster River Management Advisory Committee, with said term to expire on April 30, 2017. Chair Gooze SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Andrew Corrow and Richard Kelley to three-year regular member terms on the Planning Board, with said terms to expire on April 30, 2017. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Christian Sterndale to a three-year regular member term on the Zoning Board of Adjustment, with said term to expire on April 30, 2017. Councilor Bubar SECONDED the motion, and it PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Tom Bebbington and Raymond LaRoche, to three-year regular member terms on the Durham Agricultural Commission, with said terms to expire on April 30, 2017. Councilor Howland SECONDED the motion.

Administrator Selig said existing members were moved forward, but said Dick Wallmer, who had also applied to be on the Commission would be welcome at meetings and would be encouraged to apply again.

The motion PASSED unanimously 8-0.

Councilor Mower MOVED that the Town Council does hereby reappoint Bonnie McDermott and Ellen Karelitz to three-year alternate member terms on the Durham Agricultural Commission, with said terms to expire on April 30, 2017. Councilor Burton SECONDED the motion, and it PASSED unanimously 8-0.

Chair Gooze noted vacancies on the following Committees • Durham Energy Committee – three vacancies • Integrated Waste Management Committee – two regular vacancies; one alternate vacancy • Rental Housing Committee – one tenant vacancy Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 22

IX. Presentation Item – None

X. Unfinished Business

B. Initial discussion regarding the development of Town Council goals for 2014/15

Postponed to next meeting

C. Discussion regarding updating the matrix used during the Administrator's annual performance evaluation process

Postponed to next meeting

XI. New Business

A. FIRST READING ON ORDINANCE #2014-03 amending Chapter 68 "Fire Prevention", Section 68-4(A) "Additions and Amendments" of the Durham Town Code relative to fire lanes

Fire Chief Corey Landry said one of the proposed changes to the Town Code relative to fire lanes was concerning removal of a fire lane on Madbury Road. He explained that the description of this fire lane was vague, and also said it was located where there would soon be a new building on Madbury Road. He said it was a fire lane situation he’d wanted to clean up for a while.

Concerning the other fire lane issue, Chief Landry said that over the past several years there had been discussion about the washout of Smith Park Lane at Mill Pond Road, which had caused several safety issues on the sidewalk and roadway. He said it had come to light that there was a fire lane in this area, and said he’d looked at its continued viability as fire lane. He said it didn’t meet today’s code, noting among other things that there wasn’t a building on that section of road that required a fire lane. He said while the ambulance and the Fire Department had used Smith Park Lane at times, he hadn’t and wouldn’t recommend putting a major fire truck on that road. He said while it was beneficial to have the fire lane there, requiring that it be there would be a stretch, and said he couldn’t justify this to the Council.

DPW Director Mike Lynch said the Town’s interest in this issue had to do with debris coming down the road when vehicles used the area, and said there had been a lot of vehicle use recently. Administrator Selig explained that one of the properties on Chesley Drive had a lot of construction equipment, and the owner used the right of way to access the rear of his property.

It was noted that Smith Park Lane was a private drive that was owned by the Durham Community Church. Mr. Lynch said he approached the Church to note the issue of debris coming down the road, and said there then had been discussion back and forth about what to do about it. He said if the area was loamed and seeded, the problem would be resolved. Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 23

He also said the church wasn’t interested in their private drive being an entrance for construction trucks.

Tom Madsen, Chair of the Durham Housing Association, said his organization was in charge of the 36 subsidized apartments at Church Hill Apartments, and said they leased this piece of property from the Durham Community Church. He provided details on how Smith Park Lane, which at one time was a walkway, had been opened up more in 1991 by Mr. Hall. He said it was a private road, with a small number of people who had deeded rights to access the road. He provided details on this.

He said over the years, some neighbors had assumed that the road bed was 29 ft wide, but said that was incorrect. He said there had been runoff problems that his organization had tried to fix but that didn’t work, and said the road had been widened and was now very close to building D of the Church Hill Apartments. He said there was a meeting that day with Peter Andersen, and said they were trying to come to some resolution.

Bill Hall, Smith Park Lane, said Smith Park Lane had been used as a road for motor vehicles for over 100 years. He said the road had never been widened, and provided details on this and on the maintenance of the road over the years. He noted the location of Building D relative to the road, and said it wasn’t entirely Church Hill Apartments’ road. He provided details concerning ownership and use of the area in question, and also said he had no idea what Mr. Lynch was thinking in regard to wanting to plant grass there. Mr. Hall said he had done work down there because the road had been getting overgrown, and he described in some detail the work he had done on the road. He said utility trucks had used this road for years, and needed enough room to be able to function.

Concerning the fire lane issue, Mr. Hall said having the fire lane kept people from parking in the road because they knew their car would disappear. He said having the fire lane avoided arguments and violations. He also spoke in some detail about how the sidewalk at the bottom of Smith Park Lane needed to be built up.

There was discussion on the purpose of a fire lane. Councilor Burton said based on what Mr. Hall had said, the purpose was to make sure that a private road was passable. Chief Landry said that could be a purpose of a fire lane. Administrator Selig said a fire lane wasn’t meant to be a means of traffic control. Councilor Burton said he drove that area today and said it didn’t look like the fire lane was being kept up to standards. Councilor Smith said it was passable. He noted that what was proposed was that the fire lane beyond the Barber property, which was immediately south of Bill Hall’s property, would no longer be a fire lane.

Councilor Howland suggested that it was better to have the ability to move cars along, in order to keep access open, and asked what the harm therefore was in keeping the fire lane. Chief Landry said he understood this argument and spoke further on this. Chair Gooze said it was a private road, and said if the fire lane was taken away and someone blocked the road, the question was how Mr. Hall could handle this. Mr. Hall said he would go to Superior Court and would get an injunction to make Church Hill Apartments Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 24

responsible for their road. He said if the fire lane remained, he could leave the court out of it and could just call a wrecker.

Administrator Selig said the Town’s perspective was that there wasn’t a bona fide reason for this to be a fire lane. He said the Town had also said that the erosion and sedimentation there was a problem, and said the challenge the Association had in addressing it was that there was the fire lane, so there were some limitations on what they could do. He said he didn’t think there was a rationale for the fire lane on the lower portion of Smith Park Lane, and recommended moving forward to hear more broadly from the public on this issue. He said it seemed that the fact that a lot of brush had been cut several years ago was contributing to erosion coming down the hill. He said the ownership issues were private, but said the Town did have an interest in stopping the erosion.

Councilor Smith asked whether if the fire lane designation was removed as described, there would be an effort to abandon that section of the private road. Administrator Selig said he didn’t think so, and said he thought there would be an effort by the Church and/or the Association to address the erosion problem. But he said he didn’t know what their plan was concerning this. Councilor Smith suggested that the Council leave well enough alone. Mr. Madsen said it was impossible for them to close the road, because a small number of people had the right of access to the road in their deed. He also provided details on the length and location of the fire lane.

There was discussion on how to proceed. Councilor Smith and Councilor Howland said they didn’t see the point of removing the fire lane. Councilor Burton said keeping this fire lane for the reasons Mr. Hall had stated, in order to enforce parking limits, had nothing to do with fires, and would set a dangerous precedent. Councilor Howland said this fire lane had existed for years, which was different than someone saying he wanted to put in a fire lane in order to enforce parking limits. Chair Gooze said removing the fire lane would give the Church the opportunity to decide what it wanted to do with this area. There was further discussion. Councilor Carroll said she’d like to know what the Association would want to do with the area if the fire lane was removed.

Mr. Hall provided details on when and why the fire lane was created.

Mr. Madsen said at a meeting today with Mr. Andersen, the Association explained that it would like to have a narrowed lane, with signs that said this was a private road so only people with deeded access would be allowed to use the road. He provided further details on roadwork and landscaping that was proposed to address erosion and sedimentation issues, and to move the road somewhat further away from building D. He said this proposal would be brought to the Church as well as to the Town.

Administrator Selig said for the last 3 years, some residents had complained about the erosion issue, and the DPW had been reaching out to the Church on this. He said he was pleased that the Church was taking some action. He said he had realized that Mr. Hall Durham Town Council Meeting Minutes Monday, April 7, 2014 – Page 25

would be here asserting his point of view, and said the only reason not to do what was proposed would be to placate Mr. Hall.

Councilor Mower said she’d like to hear about the potential rebuilding of the sidewalk, and if this would solve the erosion and sedimentation problem. Councilor Marple said the erosion would continue unless the road was paved. Councilor Smith noted that the B. Dennis report had recommended that there be more connectivity through Town, and said allowing the Church to do what was proposed, which would be essentially to close the road to public use, was counter to the B. Dennis recommendations. He said the Town could take the road by eminent domain if needed.

Chair Gooze MOVED that the Durham Town Council does hereby move on First Reading as presented Ordinance #2014-03 amending Chapter 68 “Fire Prevention", Section 68-4(A) “Additions and Amendments" to the Durham Town Code relative to Town fire lanes and schedules a Public Hearing for Monday, April 21st, 2014. Councilor Bubar SECONDED the motion.

Councilor Carroll said more information was needed on what was proposed so Councilors would have a better understanding of the whole situation and could make a better decision.

The motion PASSED 6-2, with Councilor Smith and Councilor Howland voting against it.

B. Other Business

XII. Nonpublic Session (if required)

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

Councilor Burton said he hadn’t known that an abstention vote was available to Councilors, but said he wouldn’t have abstained anyway concerning the pool Resolution. He noted what Roberts Rules of Order said concerning when abstention was permitted. He said he would like to know which of these rules applied in Durham, stating that they all needed to play by the same rules. Chair Gooze said that was a very good point. Administrator Selig explained that according to the Town Charter, a Councilor could abstain but needed to say why. There was further discussion.

XIV. Adjourn

Councilor Mower MOVED to adjourn the meeting. Councilor Smith SECONDED the motion, and it PASSED unanimously 8-0.

Adjournment at 11:18 PM.

Victoria Parmele, Minutes taker