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.