New Hampshire Town and City Magazine, May-June 2019 by New Hampshire Municipal Association

May/June 2019

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

the green issue

Safety. Liquidity. Yield. Municipalities and governmental entities need investment options that focus on these objectives. The New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) features: • Professional Management. Investments in the Pool are managed by investment professionals who are experienced in managing local government investment pools, and follow both general economic and current market conditions affecting interest rates. NHPDIP is rated AAAm* by Standard and Poor’s Ratings Services. • Convenience. NHPDIP provides simple management solutions with 24/7 password-protected account access and a Client Services Group to provide additional support and assistance. • Diversification. NHPDIP has a diversified portfolio of high-quality instruments designed to meet the Pool’s primary objective of safety. Learn more by calling your dedicated NHPDIP Representative at 1.800.477.5258 or the Client Services Group at 1.844.4NH-PDIP (1.844.464.7347) or visiting www.nhpdip.com.

*Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of investment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor’s website http://www.standardandpoors.com/en_US/ web/guest/ home). This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. This and other information about the Pool is available in the Pool’s current Information Statement, which should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

Table of

Volume LXII • Number 3

Contents

May/June 2019

A Message from NHMA’s Executive Director

Happenings

Upcoming Events

HR REPORT: A Cautionary Tale: Public Employee Free Speech Rights Under N.H. Law – Clark vs N.H. Department of Employment Security

NLC Report: Rethinking Recycling: How Cities Can Adapt to Evolving Markets

NHARPC Report: Local Regulation of Agriculture Tookit

LEGAL Q&A: What is the Role of Municipal Conservation Commissions in Wetland Permitting?

This Moment in History

Name That City or Town

The State Prospective: Drinking Water and Groundwater Standards for PFAS in New Hampshire

NHDES Rolls Out New Wetlands Permit Mapping Tool

An Update on the Volkswagen Settlement

“Recycling Still Rule$!” But the “Rules They are a Changing”

Delivering Critical Resources to New Hampshire Communities

What is Your Community’s Capacity to Solve Problems and Thrive

Cover: NHMA’s Brand Color Green / PMS 342.

New Hampshire Town and City Magazine Staff Executive Director Editor in Chief

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes Barbara T. Reid Production/Design

Evans Printing Co.

Ofﬁcial Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2019 New Hampshire Municipal Association

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

New Hampshire Municipal Association

B OA R D O F D I R E C TO R S

As of March, 2019

Shaun Mulholland - Chair City Manager, Lebanon

Jim Maggiore - Vice Chair Selectman, North Hampton

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

Brent Lemire Immediate Past Chair Selectman, LitchďŹ eld

Laura Buono Town Administrator, Hillsborough

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil Dâ&#x20AC;&#x2122;Avanza Planning Board, Goffstown

M. Chris Dwyer Councilor, Portsmouth

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Christopher Herbert Alderman, Manchester

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, New Hampton

Harold Lynde Selectman, Pelham

Scott Myers City Manager, Laconia

Donna Nashawaty Town Manager, Sunapee

John Scruton Town Administrator, Barrington

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Message from the

NHMA

Executive Director Margaret M.L.Byrnes Springtime is an Important Time Here at NHMA! Although WMUR is tracking a late March snowstorm at the time I’m writing this, this is the spring issue of New Hampshire Town & City! And in the spirit of spring, this is our “green” issue, dedicated to the environment. We want to thank the New Hampshire Department of Environmental Services for their many contributions to this issue. Frankly, this is a topic that brings mixed feelings at the municipal level: All municipalities want to operate in a healthy and environmentally-friendly fashion, but the costs associated with regulatory compliance simply cannot be underestimated or overlooked. NHMA understands, and we hope you find this issue of Town & City informative. Update Us! Municipal Officials Directory

certified public accountants

experience counts We know New Hampshire governments. Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services: Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies We want to be part of your team. For personal attention contact: Robert L. Vachon, CPA 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

www.nhmunicipal.org

Most towns have completed their town meetings by the time this issue of Town & City went to press. Since town meeting means reelections and new elections, we ask that you take a moment to update your information for our Municipal Officials Directory. You can do this by logging into the Member Portal at www.nhmunicipal.org. It’s so important that this information be up-to-date: NHMA uses the information to keep in touch with you, as do other municipalities and businesses. And if you haven’t done the updates yet—or for the six towns with elections in May—there’s still time, since these updates are due by May 31st. Spring Training Please let all your municipal officials and employees know about our upcoming training opportunities! These trainings include our Local Officials Workshops held around the state, regional Right-to-Know Law training, code enforcement, wage and hour compliance, as well as our new training for municipal trustees in Concord and Warmest regards, Gorham in June. Find out about these training opportunities and others on our website, www. Margaret M.L. Byrnes, NHMA Executive Director nhmunicipal.org, in the Calendar of Events. M AY / J U N E 2 0 1 9

5HJLRQDO 5LJKW WR .QRZ :RUNVKRSV The Right-to-Know Law and Governmental Meetings Join Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called â&#x20AC;&#x153;non-meetingâ&#x20AC;?). Then the attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session. This workshop will also address difficult â&#x20AC;&#x153;meetingâ&#x20AC;? issues, such as communications outside a meeting and electronic means of communicating.

For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org.

6:30 pmâ&#x20AC;&#x201D; pm

Tuesday, July 23 2019 County Hall Building 12 Court Street Keene, NH 03431

The Right-to-Know Law and Governmental Records Join NHMA's Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will share strategies to assist municipalities in handling governmental record matters arising under the Right-to-Know Law. 1:30 pmâ&#x20AC;&#x201D; pm pm pm

Tuesday, August 6, 2019 Moultonborough Safety Complex 1035 Whittier Highway Moultonborough g , NH 03254 Moultonborough,

Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. Guidance will be provided on determining what is a governmental record, and when and how access and copies of public records must be provided. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.

me vern en goow Law to op s Right-to-Kn uide New Hampshireâ&#x20AC;&#x2122;

a g

Î¨ĎŻĎą Ç Ĺ?Ć&#x161;Ĺ&#x161; Î¨ĎŻĎą Ç Ĺ?Ć&#x161;Ĺ&#x161;Ĺ˝ĆľĆ&#x161; Ć&#x2030;ĆľÄ?ĹŻĹ?Ä?Ä&#x201A;Ć&#x;Ĺ˝ĹśÍŹÎ¨ĎąĎą Ç Ĺ?Ć&#x161;Ĺ&#x161; Ć&#x2030;ĆľÄ?ĹŻĹ?Ä?Ä&#x201A;Ć&#x;Ĺ˝ĹśÍ&#x2022; A Guide to Open Government, New HampshireÍ&#x203A;s Right â&#x20AC;&#x201C;to-Know Law.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS Greyes Named NHMA’s New Municipal Services Counsel In February, NHMA’s Executive Director Margaret Byrnes announced that Natch Greyes had been named as the Association’s new Municipal Services Counsel. Before joining NHMA, Natch served as a prosecutor in northern Grafton County. Natch Greyes Greyes received his B.A. from Clark University and his J.D. from William & Mary School of Law. Greyes replaces Margaret Byrnes who served as staff attorney for four years before becoming NHMA’s Executive Director in 2019. Welcome aboard Natch!

Your Lobbying Team at Work in Concord

Water’s Worth It! Breakfast Draws Strong Legislative Crowd The New Hampshire Water Pollution Control Association recently held their annual Water’s Worth It! Legislative Breakfast in March. Over 50 legislators from all over the state joined another 50 plus water quality and industry professionals for this informative and entertaining morning event held in Concord. Fred McNeill, Chief Engineer for the City of Manchester’s Environmental Protection Division, moderated this event again this year and noted, “New Hampshire’s water infrastructure is aging and failing, and we are working under increased regulatory requirements, and there continues to be no source of sustainable funding.” Representative Thomas Buco, who has been very supportive of municipal infrastructure issues, provided opening remarks and touched upon the importance of long-term funding that is necessary for water and wastewater infrastructure upgrades.

NHMA’s Margaret Byrnes and Cordell Johnston present before the House Municipal and County Government Committee while Barbara Reid looks on.

When Natch finally gets settled into his new position, he will be joining NHMA’s lobbying team which includes Executive Director Margaret Byrnes, Government Affairs Counsel Cordell Johnston, Government Finance Advisor Barbara Reid and Communications and Member Services Coordinator Timothy Fortier. We have always stated that local elected and appointed officials are the best advocates for their cities or towns, yet our growing team of professionals are here to support you. Our advocacy efforts don’t stop with us -- we need all NHMA members to be engaged in the legislative process to help the Association be as successful as possible. Our message in Concord remains steadfast -- that local elected officials are best suited to make the choices that affect local communities. www.nhmunicipal.org

NHDES Commissioner Bob Scott provided closing remarks and shared information about the Groundwater Trust Fund which was established with the MTBE settlement. Scott indicated that these funds will be available for a wide variety of water quality projects, including the significant project to provide new water supplies in the southern part of the state. One of the themes of this traditional breakfast event for legislators is getting state policymakers to contemplate the long-term economic advantage that New Hampshire can realize with the right investments in water infrastructure. In essence, Water’s Worth It!

As We Catch Up with You – Please Catch Up with Us! As we catch up on what happened during recent town meetings, we want to recognize the many municipal officials who ended – or in many cases, temporarily suspended – their careers in public service during this year’s town meeting M AY / J U N E 2 0 1 9

HAPPENINGS from page 5 season. On behalf of the citizens and taxpayers across New Hampshire, we offer a sincere thank you. Until you have served in local government, you have no idea how much work, time and stress are involved. To our now-former officials, enjoy your new-found time and remember that your wisdom, good sense, commitment, and patience have made your municipality a better place. To all the new officials – welcome! NHMA looks forward to getting to know you and introducing ourselves and our many programs and services to you. After each town or city election, we ask our members to identify and update all newly-elected and reelected officials from your city or town. By this action, you will help us maintain the 20192020 New Hampshire Municipal Of-

ficials Directory as a valuable member resource. NHMA relies on this vital information to reach municipal officials and staff with timely information regarding available training, program and services as well as important legal and legislative updates throughout the year. This publication is also used extensively as a valuable reference tool by city, town, school and other local government officials. Please log onto www.nhmunicipal. org and go to Member Directory Updates in the Member Toolbox. If you don’t know who in your city or town has access to do this, please contact NHMA’s Judy Pearson at jpearson@nhmunicipal.org or via phone at 230.3355. This is also a good time to update who receives a complimentary New Hampshire Town and City magazine subscription as part of your membership with us. Please update your official roster at your earliest convenience, but no later than May 31st! Thank you in advance for all your help.

Wish You’d Write It’s what’s underneath that counts wastewater, water, stormwater roads, solid waste, planning design, construction services funding, municipal services

civil & environmental engineering

Concord, NH 603.230.9898 Portsmouth, NH 603.436.6192

www.underwoodengineers.com

Interested in writing for New Hampshire Town and City? NHMA is eager to spotlight members who would like to write on topics of interest to our membership. If you’d like to lend your expertise on a topic, write about your experience as a municipal official or employee, or spotlight something in your city or town, please contact Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

NEW HAMPSHIRE TOWN AND CITY

NHMA Now Offers Customized Training for Law Enforcement Personnel

NHMA’s Legal Services Counsel Steve Buckley above addresses members of the Berlin Police Department on the Right-to-Know Law and proper handling of law enforcement records.

NHMA now offers a fee-for-service On-Demand training presentation called Right-to-Know Law for Law Enforcement. We understand that compliance with the State’s Right-toKnow Law by law enforcement personnel is complex and complicated. That’s why NHMA developed this three-hour program specifically for law enforcement and deals with citizen requests for body camera footage, personnel files, arrest and prosecution records (even those that have been annulled), motor vehicle records, and more. This program is designed specifically to help law enforcement answer Right-to-Know Law requests that no other agency in government would receive. Each Right-To-Know for Law Enforcement On-Demand presentation costs $725 and we encourage the requesting municipality to invite officials and employees from surrounding NHMAmember municipalities to attend and share the cost. Please keep in mind that member municipalities paying annual dues in excess of $15,000 are entitled to one On-Demand presentation per calendar year. To request this On-Demand presentation, please send us an email at legalinquiries@nhmunicipal.org. www.nhmunicipal.org

Upcoming

Events

For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at nhmaregistrations@nhmunicipal.org or 800.852.3358, ext. 3350.

MAY Regional Right-to-Know Law Workshop Friday, May 3 1:30 pm – 4:30 pm Dover Police Department (Community Room) 46 Chestnut Street, Dover Local Officials Workshop Wednesday, May 8 9:00 am – 4:00 pm (lunch on your own) River Valley Community College 15 Hanover Street, Lebanon USDOL Workshop: How to Avoid Costly Mistakes! A Wage & Hour Compliance Workshop for Cities and Towns Friday, May 10 9:00 am – 12:30 pm NHMA Offices, 25 Triangle Park Drive, Concord NHMA Webinar: Who Not to Hire! Tuesday, May 14 12:00 pm – 1:00 pm NHMA Workshop: A Guide to Effective Code Enforcement Workshop Friday, May 17 9:00 am – 12:30 pm NHMA Offices, 25 Triangle Park Drive, Concord Local Officials Workshop Tuesday, May 21 9:00 am – 4:00 pm (lunch on your own) The Meeting House, Sugar Hill Mountain of Demonstrations/Hosted by NH Road Agents Association Thursday, May 23 9:00 am – 1:00 pm Mount Sunapee Resort, Newbury Memorial Day (NHMA Offices Closed) Monday, May 27

NH Library Trustees Association Spring Conference – Libraries Transform Wednesday, May 29 8:30 am – 3:00 pm DoubleTree by Hilton Manchester Downtown Manchester Managing Public Rights of Way: 5G Deployments and Taxation Thursday, May 30 1:30 pm – 4:30 pm NHMA Offices, 25 Triangle Park Drive, Concord

JUNE 2019 Municipal Trustees Training Thursday, June 6 9:00 am – 4:00 pm NHMA Offices, 25 Triangle Park Drive, Concord Local Officials Workshop Saturday, June 8 9:00 am – 4:00 pm (lunch on your own) NHMA Offices, 25 Triangle Park Drive, Concord The Art of Welfare Workshop Thursday, June 13 9:00 am – 2:00 pm NHMA Offices, 25 Triangle Park Drive, Concord Ethics for Municipal Attorneys Friday, June 14 1:00 pm – 4:00 pm NHMA Offices, 25 Triangle Park Drive, Concord US Census Bureau/NHOSI: New Hampshire Complete Count Committee Kickoff Meeting Thursday, June 20 9:00 am – 12:00 pm NHMA Offices, 25 Triangle Park Drive, Concord 2019 Municipal Trustees Training Tuesday, June 25 9:00 am – 4:00 pm Medallion Opera House, 20 Park Street, Gorham NHMA Webinar: Legislative Wrap-up Wednesday, June 26 12:00 pm – 1:00 pm

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

The State Perspective: Drinking Water and Groundwater Standards for PFAS in New Hampshire By Sarah Pillsbury

ast year, Chapter Law 368 was created to ensure that New Hampshire had protective drinking water and groundwater standards for four Poly and Per Fluorinated Alkyl Substances (PFAS ): Perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS). All four of these compounds have been found in New Hampshire’s groundwater and surface water, including at a highly contaminated public drinking water well near a former fire training area at Pease Tradeport and in a 65+ square mile contaminated area in southern New Hampshire caused by air emissions leaching PFAS into groundwater. PFOS, PFOA, PFNA, and PFHxS were also identified as having sufficient peer reviewed health studies to establish health based standards. This article describes what the New Hampshire Department of Environmental Services (NHDES) has done in response to the new law. While the focus is not on all the work done by NHDES in the past few years to investigate and address PFAS contamination statewide, readers interested in this topic should visit the NHDES website at https://www4.des.state.nh.us/nh-pfasinvestigation/. PFOS, PFOA, PFNA and PFHxS are part of a large family of chemicals, many of which have been widely used since the 1940s in commercial, industrial and household products and applications including production of water resistant materials, fire suppression foams, non-stick cookware, stain removers, etc. Because of their wide use, persistence in the environment, and bio-accumulative properties, these compounds have been detected in blood serum levels in humans and other animals everywhere. The health effects associated with PFAS exposure is an evolving science and are currently being researched extensively by toxicologist and epidemiologists worldwide. NHDES and the New Hampshire Department of Health and Human Services (NHDHHS) continue to review and evaluate the health toxicity and health effects 8

NEW HAMPSHIRE TOWN AND CITY

of these compounds as research becomes available. Currently, according to the Centers for Disease Control’s (CDC) Agency for Toxic Substances and Disease Registry (ATSDR), some known health effects may include: • Affect to the growth, learning and behavior of infants and older children • Lowers a woman’s chance of getting pregnant • Interference with the body’s natural hormones • Increased cholesterol levels • Affect the immune system • Increased risk of certain types of cancer The only current federal guidance on safe levels of PFAS over a lifetime in drinking water is a joint health advisory of 70 parts per trillion (ppt) combined for PFOA and PFOS that was issued by the U.S. Environmental Protection Agency (EPA) in 2016. This advisory was adopted as an ambient groundwater quality standard for waste site clean-ups by NHDES shortly thereafter. Because many states and other countries had detected PFOA, PFOS and/ or other PFAS in their waters prior to EPA’s health advisory, a number of differing state clean-up standards of health advisories were established and continue to be established. “Safe” levels in America now range from a combined level for five or six PFAS at 20 ppt to hundreds of parts per trillion. Out of concern that the levels set in new Hampshire are not sufficiently protective of humans at all life stages, Chapter Law 368 directs NHDES to consult with the NHDHHS to initiate rulemaking to adopt maximum contaminant levels (MCLs) for PFOA, PFOS, PFHxS and PFNA by January 1, 2019. It requires that NHDES consider 1) the extent the contaminant is found in New Hampshire; 2) the ability to detect the compound; 3) the ability to treat the con%ɑ +ȽDɌKȽU 0Ȇ %ɍUɆV taminant; 4) benefits associated with adopting an MCL; www.nhmunicipal.org

and 5) the costs associated with adopting an MCL. MCLs are water quality standards that apply to public water systems (water systems serving more than 25 people a day at least sixty days a year). MCLs only apply to non-transient public water systems (water systems serving 25 or more of generally the same population of people, six months of the year). Establishing an MCL triggers monitoring, reporting, public notice and compliance requirements. Existing state law, prior to the adoption of Chapter Law 368, requires NHDES to adopt rules to establish Ambient Groundwater Quality Standards (AGQSs) that are the same as any MCLs established by NHDES. Ambient groundwater quality standards are the levels used to require site investigations and remedial action at and around contamination sites. AGQSs are also used to identify where the provision of alternative drinking water is required when private and/or public water supply wells have been impacted. Ambient Groundwater Quality Standards also dictate what and how wastewater and wastewater residuals can be discharged to groundwater. In addition to adopting MCLs, Chapter Law 368 directs NHDES in consultation

with NHDHHS to review and initiate new rulemaking for the existing 70ppt combined AGQS for PFOA and PFOS and establish standards for PFHxS and PFNA by January 1, 2019. By default, a revision to the rules for groundwater discharge permitting was also required. In accordance with Chapter Law 368, on December 28, 2018 NHDES initiated rulemaking to establish Maximum Contaminant Levels (MCLs) for PFOA, PFOS, PFNA and PFHxS and associated rules for monitoring, reporting, public notice and compliance with the MCLs. NHDES also filed the rule to revise/establish identical Ambient Groundwater Quality Standards (AGQS) and a rule that defines how the AGQSs shall be applied for groundwater discharges that contain these chemicals. These rules reflect significant input from the public and in particular from citizens’ groups in the seacoast and southern New Hampshire. The initial standards proposed are as follows: PFOA & PFOSS Combined 70 ppt D > and AGQS

PFOA

PFOS

PFHxS

PFNA

38 ppt 70 ppt 85 ppt 23 ppt MCL and AGQS MCL and AGQS MCL and AGQS MCL and AGQS

Municipal Compliance for New PFAS Rules Range from $79 to $140 Million! Still Unclear Who Pays for These Costs! Last year, NHMA supported SB 309 (Chapter Law 368), a bill which required the New Hampshire Department of Environmental Services (NHDES) to initiate rulemaking for PFC standards by January 1, 2019. These standards were required to be based on health risk assessments along with the costs and benefits to affected parties, including cities and towns. NHMA and many others supported the standard-setting process contemplated in SB 309 along with the necessary resources the bill provided to NHDES to establish standards based on peer-reviewed scientific data regarding health risks and a comprehensive understanding of the impact and practicality of the recommended standards. NHDES met the January 1, 2019 requirement for proposed PFC standards. The fiscal impacts associated with these new PFAS standards have been relatively overlooked and under estimated by state regulators. Based on recent public input, NHDES is now considering standards stricter or lower than listed in the chart above. NHDES estimated some potential impacts of these stricter standards, providing low and high estimates for both capital and operational costs for treatment, wastewater disposal to groundwater, landfill sites, and hazardous waste sites. The total of these estimates for local governments ranges from a low of $79 million to a high of $138 million – with even the high end likely to be a conservative estimate in our opinion. However, the bill is silent on how those costs are to be funded. Our members include environmental stewards working every day on the front lines to protect both public health and the environment. Moreover, NHMA members support a clean and healthy environment for the State of New Hampshire, but local resources are not unlimited. NHMA members also support the prohibition against unfunded mandates found in Part I, Article 28-a of the New Hampshire Constitution. New, expanded, or modified programs or responsibilities that necessitate additional local expenditures by the municipality cannot be imposed—either by legislation or by rulemaking—unless the cost is fully funded by the state or the municipality has a choice in funding the cost. Part I, Article 28-a, New Hampshire Constitution, RSA 541-A:25-27.

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

DRINKING WATER AND GROUNDWATER from page 9 On January 4, 2019 NHDES also released a summary report on the development of the drinking water standards (MCLs) including an explanation of the health risk assessment for each compound and information on cost, benefit, occurrence, and ability to detect and treat these chemicals. This report as well as the initial rulemaking proposal forms and copies of the proposed rules can be found on the NHDES website. It is important to note that the majority of the work NHDES performed to meet the charge and deadlines set forth in Chapter Law 368 was focused on deriving the individual standards for PFOA, PFOS, PFNA and PFHxS that protect the most sensitive population through their lives. Since release of the initial proposal and in the future, NHDES expects to continue researching new health studies on these chemicals as well as risk management approaches that are scientifically valid that could address any compounding effects between chemicals. Addressing PFAS one at a time will not get New Hampshire or the country where it needs to be in terms of protecting human health and the environment expeditiously. NHDES continues to press USEPA to research appropriate methods for regulating PFAS compounds as a group. New Information May Change NHDES Proposed PFAS Drinking Water Standards Also, on February 21, 2019, NHDES released the following blog post so that the public understood they were reviewing a new model out of Minnesota that could potentially reduce the initially proposed standards. On December 31, 2018, the New Hampshire Department of Environmental Services (NHDES) initiated rulemaking to establish Maximum Contaminant Levels (MCLs) and Ambient

Groundwater Quality Standards (AGQS) for four per- and polyfluoroalkyl substances (PFAS) â&#x20AC;&#x201C; perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). After the initial proposal, new scientific information was evaluated by NHDES that may change the proposed drinking water standards. Specifically, a new assessment tool developed by the Minnesota Department of Health allows for a quantitative estimate of infant and child exposure to PFAS through breastmilk and/or formula. This peer-reviewed model was published at the beginning of January after NHDES filed its Initial Proposal. NHDESâ&#x20AC;&#x2122;s assessment of the exposure model for the interaction of drinking water levels of PFAS and breastfeeding (Goeden et al, 2019) indicates that health-based drinking water or groundwater standards for PFOA and PFOS would potentially be lowered significantly below the initial proposal figures of 38 parts per trillion (ppt) and 70 ppt, respectively. NHDES is continuing to review the suitability of this assessment tool for PFHxS and PFNA based on this and other studies released in 2019. NHDES will need to complete a review of the technical and cost implications of these health-based calculations, and any public comment received, prior to issuance of the Final Proposal. NHDES conducted three public hearings on the rules, and the deadline for public comment was April 12, 2019. Depending on the comments received and the potential for new studies, it is anticipated that the final proposals will be filed by summer. While the standards may well change by the final proposal, NHDES is committed to being transparent on the science and process used to derive the standards. Sarah Pillsbury is Administrator of the Drinking Water & Groundwater Bureau, Water Division, at the New Hampshire Department of Environmental Services. Sarah can be reached by phone at (603) 271-1168 or by email at Sarah.pillsbury@ des.nh.gov.

Transportation | Water& Wastewater | Solid Waste | Structural

CMA

ENGINEERS

pursue excellence PORTSMOUTH, NH | MANCHESTER, NH | PORTLAND, ME www.cmaengineers.com

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

A Guide to Effective Code Enforcement Workshop 9:00 am— am— pm pm Friday, May 17, 2019 NHMA Offices, 25 Triangle Park Drive, Concord Cost is $60, includes free supplement to: A Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations Building inspectors, code enforcement officers, fire chiefs, health inspectors, and various other municipal

officials are responsible p for the enforcement of a varietyy of codes, regulations, g and ordinances related to the use of land. These include both local regulations, such as zoning ordinances, site plan and subdivision regulations, g health regulations, g and the conditions of approval pp that accompany p y manyy land use board approvals, as well as state law, such as the State Building and Fire Code and statutes governing junkyards.

Effectivelyy enforcing can pose a challenge g these various codes and regulations g p g to municipalities. p Join Legal g p y Matt Serge g and Christine Fillmore from the law firm of Services Council Stephen Buckleyy and Attorneys Drummond Woodsum for this half half-day -day workshop which will provide municipal officials with practical guidance on how to navigate the nuanced p procedures associated with code enforcement, as well as p practical g advice in pursuing an enforcement action against non non-compliant -compliant property owners. Our legal experts will address some of the most difficult issues under the law, including dilapidated buildings, and g junkyards, j y p health codes. There will be ample time for questions and answers on all aspects of the law.

ŚĞĐŬ ŽƵƚ ŽƵƌ E t ďŽŽŬ͊ ŽƐƚƐ KŶůǇ Ψϰϱ͊ 'ƵŝĚĞ ƚŽ īĞĐƟǀĞ ŶĨŽƌĐĞŵĞŶƚ͗ /ŶǀĞƐƟŐĂƟŶŐ ĂŶĚ ŶĨŽƌĐŝŶŐ ŽĚĞ ĂŶĚ >ĂŶĚ hƐĞ sŝŽůĂƟŽŶƐ͘

For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

NHDES Rolls Out New Wetlands Permit Mapping Tool By Stefanie M. Giallongo

s many municipal officials are aware, the New Hampshire Department of Environmental Services (NHDES) is in the process of updating the Wetlands Rules. The rollout of a new mapping tool, the NHDES Wetlands Permit Planning Tool (WPPT) is anticipated to coincide with the release of the new rules in the spring/summer 2019. The WPPT is designed to assist municipalities, the general public and environmental consulting firms as they plan projects that require an NHDES Wetlands Permit. The WPPT is an online mapping program that will provide users with a wide array of information at their fingertips, including data and information on inland and coastal resources, to help applicants visualize and better understand the potential resource impacts of a project. The WPPT will assist anyone in understanding the potential impact of a project on water quality, the presence of wildlife and fishery habitat, plus the general suitability of a particular site for development. It gives users the ability to envision their project or their property in a landscape context. The revised wetlands rules require applicants to review certain map screening layers and the WPPT will assist in determining whether the project, based on its location or layout, would trigger a different permitting process. For example, if a project is located within a Designated River Corridor or a municipally-designated Prime Wetland then it would be subject to a different level of technical review and may require a different set of application materials. The information to make that determination is readily available in the Layer List, located under the Resource Planning and Priority Resource Area groups. Themes have been organized to help guide users directly to the information that pertains to their specific type of project. For example, an Inland Development project does not typically need to reference coastal information, so the set of coastal data layers is omitted from the Inland Development theme. A Forestry theme is planned for Forestry Notification projects to filter the information to only what is 12

NEW HAMPSHIRE TOWN AND CITY

required by that specific permit process. This is intended to facilitate navigation and usability of the WPPT for those particular project types. If a user would rather browse and visualize all of the available data layers at once, they may simply use the default theme. The WPPT has been developed by NHDES in partnership with NH-DOIT, NH GRANIT, the University of New Hampshire and supported by a capital grant to facilitate inter-agency data sharing platforms. The WPPT also facilitates a continuing effort to consolidate the wide array of information that Wetlands Permit applicants are required to reference when planning a project. Since spring 2018, the WPPT has undergone several rounds of improvements and testing periods through extensive internal and external review. Development has resulted in several new data layers in addition to centralizing existing information from other online resources. Highlights of the new WPPT include: • For the first time, wetlands permit data will be available on an online map for the general public. NHDES Wetland and Shoreland Permit point pop-ups provide links directly to file-specific information on NHDES OneStop. • Also for the first time, the WPPT displays municipally designated Prime Wetlands in digital format, with the ability to differentiate between those with and those without state-regulated 100’ prime wetland buffers. • Location of “Priority Resource Areas”(a new term in the revised Wetlands Bureau Administrative Rules) including sand dunes, tidal waters, peatlands (bogs), prime wetlands and floodplain wetlands adjacent to Tier 3 streams. • Easily determine the tier classification of a proposed stream crossing project by looking up the size of a contributing watershed drainage area at any point along a river or stream, just by clicking on the stream line pixel. www.nhmunicipal.org

• Plan your project for predicted sea level rise and marsh migration by exploring the suite of Coastal Layers also including eelgrass and shellfish beds. • Several datasets have been equipped with pop-ups to quickly display the relevant attributes of a given feature with just one click. Anyone will be able to access the WPPT through the NHDES Wetlands Bureau Technical Assistance webpage using almost any browser from either mobile or desktop devices (Google Chrome, Firefox, Internet Explorer, Apple/iOS or Android/Chrome). The Welcome panel includes helpful links to the NHDES Wetlands Permit Planning Tool User Guide, metadata, FAQ’s, contact information and direct links to the New Hampshire Natural Heritage Bureau DataCheck Tool (a

required step for most NHDES Wetlands Permit application types). The WPPT includes a suite of features and tools to support users, including distance, query, and identify functions to explore the data layers, plus the ability to create printable maps for any project area. Metadata for every dataset will be readily available through either direct links in pop-up boxes or on the NH GRANIT or NHDES websites. Every user is required to read the metadata completely before using the data.

locations and pertinent setbacks. The WPPT was not designed for legal, engineering or surveying purposes though it is highly suitable as a screening tool to inform landowners of the resources in the vicinity of their projects and to promote avoidance and minimization of impacts during the planning phase.

Users will be required to acknowledge a disclaimer before accessing the map, but every dataset is then readily available on the WPPT without login requirements or secure credentials. This is intended to maximize accessibility while also highlighting the importance of ground-truth for site-specific wetland delineations, precise feature

Stefanie M. Giallongo is a Wetland Specialist in the Land Resources Management Bureau, Water Division, at the New Hampshire Department of Environmental Services. Stefanie can be reached by phone at (603) 559-1516 or by email at Stefanie.Giallongo@des. nh.gov.

Keep an eye on the NHDES website (www.nh.des.gov) for an official announcement of the launch this spring/ summer!

¾ TelecommunicaƟons ¾ Tax Assessment ¾ Eminent Domain

We represent towns and ciƟes throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipaliƟes operate. We emphasize prevenƟve and Ɵmely legal counsel to our clients with a view toward avoiding problems that result in liƟgaƟon.

Special counsel services include: ¾ Appellate ¾ Water ¾ Labor & Employment ¾ Growth Control ¾ LiƟgaƟon ¾ Land Use & Planning Also available for conŇict counsel services

¾ UƟlity & Infrastructure ¾ Police ¾ Environmental

OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE

WWW.DTCLAWYERS.COM DONAHUE, TUCKER & CIANDELLA, PLLC

Toll Free: (800) 566Ͳ0506 For inquiries please contact Christopher Boldt or Sharon Somers

EͲmail: info@DTCLawyers.com

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

An Update on the Volkswagen Settlement By Timothy H. White

n January 4, 2016, the United States and the State of California filed a complaint against several Volkswagen (VW) companies alleging violations of the Clean Air Act with regard to approximately 580,000 model years 2009 to 2015 2.0 and 3.0-liter diesel engines. The complaint alleged that the vehicles contained “defeat devices” in the form of computer software, designed to cheat on federal emissions tests, enabling the vehicles to emit levels of oxides of nitrogen (NOx) as high as forty times the federal standard. On October 2, 2017, the Department of Justice and VW signed a $15 billion settlement, a portion of which – $2.9 billion – will be held by an Environmental Mitigation Trust and shared among the U.S. states and tribes, based on the number of violating vehicles registered in each. New Hampshire’s share is approximately $31 million.

NEW HAMPSHIRE TOWN AND CITY

Governor Sununu designated the Office of Strategic Initiatives (OSI) as the Lead Agency to manage the Mitigation Trust for New Hampshire in January, 2018. A Beneficiary Mitigation Plan describing how New Hampshire plans to use the funding allocated to the State was submitted to the Trustee in September, 2018. The Plan was developed using input received during public informational sessions held throughout the state. With the submittal of the Plan, funds are now available to support eligible mitigation projects such as vehicle replacements and engine repowers, idle reduction projects (including marine shore power), equipment electrification, and installation of electric vehicle supply equipment (EVSE) such as EV charging stations. New Hampshire’s Mitigation Plan describes how it will alle-

www.nhmunicipal.org

viate excess NOx emissions caused by the VW violations through implementation of cost-effective projects in all regions of the state. To best serve the state’s economic and social well-being New Hampshire will focus on those projects that will result in broad public benefits, serve the state’s economically challenged communities, and make the state a welcoming environment for all ages, abilities and backgrounds to live, work and play. The first VW funded project began with the 2018 version of the State Clean Diesel Program utilizing Environmental Protection Agency funding under the Diesel Emission Reduction Act (DERA). The State Clean Diesel Program is administered by New Hampshire Department of Environmental Services (NHDES). States are eligible to utilize VW funding as non-federal match for federal DERA dollars, thus qualifying the state for an additional 50 percent in federal funds. NHDES is currently pursuing DERA projects involving thirteen vehicles to reduce NOx and other diesel engine pollutant emissions. The projects will become effective upon approval by Governor and Council. Additionally, in response to support for replacement of the state’s fleet of aging school buses expressed during the Mitigation Plan public informational sessions, a School Bus Replacement Program is planned for early 2019. The VW Environmental Mitigation Trust allows beneficiaries to use up to fifteen percent of their allocation for projects involving acquisition, installation, operation and maintenance of new light duty EVSE such as EV charging stations. New Hampshire, which is committed to using the full fifteen percent (approximately $4.6 million) available for this purpose, is currently in the process of evaluating priority EV corridors and working with other New England states to develop criteria for use of this funding. OSI and www.nhmunicipal.org

Commission include requirements for EVSE payment options, the role that electric utilities will play in the development of EVSE, required changes to building codes and identification of all available funding sources. The Commission will issue an interim report in November 2019 and a final report in November 2020. New Hampshire is also collaborating with other Northeast states to ensure access to EV charging across the region, and is coordinating with investments in charging infrastructure being made by Electrify America (a VW subsidiary) as part of the Settlement Agreement. NHDES are also seeking input from the Electric Vehicle Charging Stations Infrastructure Commission (Senate Bill 517) established by the New Hampshire Legislature in 2018. Some of the issues to be investigated by the

Timothy H. White, AICP, is Supervisor of the Mobile Sources Section, Air Resources Division, at the New Hampshire Department of Environmental Services. Tim can be reached by phone at (603) 271-5552 or by email at Timothy. white@des.nh.gov.

Roberts & Greene, PLLC

Comprehensive Governmental Auditing and Accounting Services Contact us for: Accuracy Communication Timeliness

47 Hall Street Concord, New Hampshire

Audits of Financial Statements Financial Statement Preparation Accounting Assistance Staff Training Management Advisory Services

603-856-8005 Email: info@roberts-greene.com

M AY / J U N E 2 0 1 9

“Recycling Still Rule$!” But the “Rules They are a Changing” By Mike Durfor and Duncan Watson he theme for the 38th Annual Northeast Resource Recovery Association (NRRA) conference on May 20 and 21 this year is “Recycling Still Rule$” and for good reason. Regardless of the increasing number of cities and towns that are facing drastic budget shortfalls and the number of articles that report on the demise of recycling, recycling is doing just fine - thank you very much - the real problem is trash!

Waste companies are currently exploring all options including baling trash and hauling it to Pennsylvania, Virginia, and even Ohio. The Northeast already has the highest tipping fees for trash in the country and these fees will only continue to escalate and have an even bigger impact on community budgets than recyclables. Putting recyclables in a landfill or burning them only guarantees a shorter lifespan for the landfill and higher tip fees sooner.

Hopefully in the course of this article you will gain a better understanding of what China has done to the recycling markets over the last 5 years, why it had to do it, and why the impact is now beginning to hit home as more and more municipalities are faced with a choice of paying (average non contracted rates) $140 per ton for single stream recycling compared to $70 per ton for MSW (trash), or even less -$35 per ton for recycling glass.

As you can see from this figure below, even before the China crisis we were throwing valuable materials away.

In addition to the “crisis” in recycling and municipalities taking their recyclables to landfills and burn plants, the Northeast is facing the “Titanic” of all municipal solid waste icebergs. As they say, “We have seen this movie before and it doesn’t end well.”

Currently NRRA members that keep producing good clean material for markets are getting paid good value, (in most cases higher value because they are not contaminated), for their recyclables. Mixed paper is the one piece of the stream that was hit the hardest by the China crisis and NRRA has been searching for alternative uses and for a long-term domestic capacity solution just as it found for glass recycling. The rules for recycling may be changing but the value is still there if not contaminated.

Shown in the table below is the projection from the State of Massachusetts on landfills closing in that state over the next 6-7 years. The shortage will grow this year by 800,000 tons alone and by 2025, Massachusetts will have a shortfall of MSW capacity over 2 million tons! 16

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

for a ton a mixed paper to feed a Chinese paper mill the expectation was a ton of paper, not 80% paper and 20% garbage. Initially a couple of container ships were turned back because of non-compliance with specifications. It was still mostly a free for all and China continued to have an unquenchable appetite for raw materials, and as a result, the world continued to send China its discards. While the Green Fence policy was in place it became clear that economic growth was more important than environmental protection and the beat went on.

The China Crisis: Years in the Making

In July of 2017, China announced a new policy would take effect. In fact, National Sword, which took effect on January 1, 2018 took everyone by “surprise” because little to no heed was given to what impact a country that took approximately 55% of the worlds scrap paper would have if they suddenly put up a closed sign.

Trade journals and the mainstream media is awash with articles about the impact of China’s National Sword policy that took the 2013 Green Fence policy, the proverbial shot across the bow, and in July of 2017 turned it into a crippling blow that has left recyclers everywhere scrambling. About two decades ago China began incorporating capitalism into its economy and the result was at first a trickle, then a torrent of demand for raw materials to fuel their doubledigit economic growth rate. Imagine, if you will, what American society was like during the Wild West years- kind of a free for all with little law or regulation to keep things in check. China had its own Wild West at the beginning of its economic growth and well-established economies in developed countries seized on the opportunity to send discards to a place where there was an insatiable appetite for pretty much everything, and for pennies on the pound, waste brokers were making a killing as there was little in the way of specifications to risk a load being rejected. Soon upwards of 2,000 shipping containers filled with discards - paper, plastic, metal were leaving U.S. ports bound for China each day. In 2013 Chinese officials realized their country was becoming a dumping ground with, in some cases, over 20% of a received load being off specification and therefore requiring alternate disposal other than recycling. This problem was further exacerbated by the lack of infrastructure to properly dispose of the non-recyclable material. The result was polluted waterways, open burning dumps, and an environmental disaster of the worst kind. When the Green Fence policy deployed in 2013, China began the deliberate process of gaining control over their sovereignty and put the world on notice that if demand called www.nhmunicipal.org

While the national recycling rate in the U.S. is nothing to crow about, we are in a short-term crisis mode as the painful adjustment to the global commodities market continues to settle in. Yes, there will be some developing countries with lax environmental laws filling some of the void, but the simple fact is there is not the capacity to shift all of the avail-

SAVE THESE DATES 78TH ANNUAL CONFERENCE

Wednesday, November 13, 2019 Thursday, November 14, 2019 'RXEOH7UHH 0DQFKHVWHU 'RZQWRZQ +RWHO

M AY / J U N E 2 0 1 9

RECYCLING RULE$ from page 17 able material to a new source. Nor should we. We should be responsible for improved quality of the material processed by materials recovery facilities, and we should have greater capacity to utilize these raw materials domestically. As this crisis continues to unfold, communities and recycling processors in the U.S. are forced to make some uncomfortable decisions. There is no practical way to stockpile all the material that would normally be shipped to China. As painful as it is to admit, there will be a need to burn or bury large amounts of material until the market responds to make recycling domestically more economical. The City of Keene, for example, operates a duel stream materials recovery

facility that can produce a quality of material that continues to be both desirable and marketable. That may change as this crisis continues to grow. As difficult as this is making things, it is incumbent on recyclers to improve the quality of their product to the greatest extent possible as for years there was little to no accountability. This “crisis” is akin to the wakeup call provided by the MOBRO garbage barge from New York City that sailed the oceans for six months before being allowed to return and eventually landfill the trash. The remarkable response to that episode created a culture of recycling in the U.S. that is laudable. It’s now time one again for our next moonshot and for us to take greater care of how we manage our recyclables. As President Kennedy commented on the trip to the moon, “We choose to go to the moon in this decade and do the

NEW HAMPSHIRE TOWN AND CITY

other things, not because they are easy, but because they are hard…” We find ourselves at a similar crossroad today. This is the time we must choose to recycle, not because it is easy to do, but because it is hard, it does cost money, and most importantly, it is the right thing to do! Mike Durfor is Executive Director of the Northeast Resource Recovery Association and can be reached a 603.736.4401 ext 16 or via email at mdurfor@nrra.net. Duncan Watson is Assistant Public Works Director in the City of Keene and he also serves as President of the NRRA. Duncan can be reached by phone at 603.352.6550.

www.nhmunicipal.org

A PARTNER IN YOUR SUCCESS #U C HWNN UGTXKEG %2# Č¨TO /GNCPUQP *GCVJ KU JGTG VQ DG [QWT RCTVPGT KP RTQXKFKPI CEEQWPVKPI UGTXKEGU HQT [QWT IQXGTPOGPV GPVKV[ PQPRTQČ¨V QTICPK\CVKQP QT DWUKPGUU WE PROVIDE ASSISTANCE WITH:

/5 Č&#x2030;Č&#x2021;Č&#x2030; 2Ć&#x2030;ĹźĆ&#x2021;Ĺ¸Ć&#x2030;Ĺ¸Ć&#x2039;Ć&#x20AC;Ć&#x2020;Ć&#x2026; /Ć&#x152;Ć&#x2026;Ć&#x20AC;ĹşĆ&#x20AC;Ć&#x2021;Ĺ¸Ć&#x192; #Ć&#x152;ĹťĆ&#x20AC;Ć&#x2039;Ć&#x160; /5 Č&#x160;Č&#x201E;9 #Ć&#x160;Ć&#x160;Ć&#x20AC;Ć&#x160;Ć&#x2039;Ĺ¸Ć&#x2026;ĹşĹź /Ĺ¸Ć&#x2026;Ĺ¸ĹžĹźĆ&#x201E;ĹźĆ&#x2026;Ć&#x2039; #ĹťĆ?Ć&#x20AC;Ć&#x160;Ć&#x2020;Ć&#x2030;Ć? 5ĹźĆ&#x2030;Ć?Ć&#x20AC;ĹşĹźĆ&#x160; %Ĺ¸Ć&#x2021;Ć&#x20AC;Ć&#x2039;Ĺ¸Ć&#x192; #Ć&#x160;Ć&#x160;ĹźĆ&#x2039; %Ć&#x2020;Ć&#x201E;Ć&#x2021;Ć&#x20AC;Ć&#x192;Ĺ¸Ć&#x2039;Ć&#x20AC;Ć&#x2020;Ć&#x2026; (Ć&#x2030;Ĺ¸Ć&#x152;Ĺť 2Ć&#x2030;ĹźĆ?ĹźĆ&#x2026;Ć&#x2039;Ć&#x20AC;Ć&#x2020;Ć&#x2026; 6Ć&#x2030;Ĺ¸Ć&#x20AC;Ć&#x2026;Ć&#x20AC;Ć&#x2026;Ĺž (Ć&#x2020;Ć&#x2030;ĹźĆ&#x2026;Ć&#x160;Ć&#x20AC;Ĺş #Ć&#x152;ĹťĆ&#x20AC;Ć&#x2039;Ć&#x160; )#5$ %Ć&#x2020;Ć&#x201E;Ć&#x2021;Ć&#x192;Ć&#x20AC;Ĺ¸Ć&#x2026;ĹşĹź Ĺś 7Ć&#x2026;ĹťĹźĆ&#x2030;Ć&#x160;Ć&#x2039;Ĺ¸Ć&#x2026;ĹťĆ&#x20AC;Ć&#x2026;Ĺž 4Ć&#x20AC;Ć&#x160;Ć&#x201A; #Ć&#x160;Ć&#x160;ĹźĆ&#x160;Ć&#x201E;ĹźĆ&#x2026;Ć&#x2039;Ć&#x160;

0#5*7# 0* r /#0%*'56'4 0* #0&18'4 /# r )4''0(+'.& /# '..59146* /' /'.#0510*'#6* %1/ r

Basic Loan Requirements:

The Bond Bankâ&#x20AC;&#x2122;s Next Bond Sale Issue will be on June 5, 2018 January 2018 Bond Sale Results True Interest Cost for: 5 year loans 2.00% 10 year loans 2.16% 20 year loan 2.86%

Are you planning a capital project for 2018? We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.

â&#x20AC;˘ Bond issue approved by governmental entity â&#x20AC;˘ Completed application approved by Bond Bank Board â&#x20AC;˘ Audit by CPA firm â&#x20AC;˘ Local bond counsel opinion

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org. Lebanon Middle School, Lebanon, NH

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

Delivering Critical Resources to New Hampshire Communities By Melissa Latham

he Community Development Finance Authority (CDFA) is a statewide nonprofit public authority focused on maximizing the value and impact of community development, economic development and clean energy initiatives throughout New Hampshire. We deploy a variety of financial and technical resources through competitive grant, loan and equity programs. CDFA helps build the capacity of New Hampshire communities to be strong, resilient, vibrant places by investing in people, institutions and systems. This includes the capacity to both proactively and reactively address social, economic and environmental challenges.

the organization has invested more than $40.85 million in community development, economic development and clean energy initiatives throughout New Hampshire. The demand for funding from applicants over this same period of time exceeds $74.89 million.

Supporting New Opportunities for New Hampshire Communities

Created 35 years ago, CDFA takes an innovative and collaborative approach to financing capital projects through several funding sources:

Access to funds that enable municipalities to identify a community need, explore ways to meet that need, and ultimately, develop and implement a solution is fundamental to the growth and prosperity of our communities. CDFA is dedicated to supporting municipalities in this work and has resources to do so at all stages of the project development ecosystem.

• The State of New Hampshire’s annual allocation of federal Community Development Block Grant (CDBG) funds which enables eligible municipalities to develop viable, sustainable and equitable communities by expanding economic opportunities, providing housing for low- and moderate-income persons.

Concept Initiation CDFA works with partners to advance new ideas, thinking and innovation in community and economic development efforts throughout New Hampshire, our resources focus on initiatives, public events and partnerships that generate actionable ideas and innovative thinking.

• The Clean Energy Fund offers grants, loans and credit enhancements to finance energy-efficiency and renewable energy projects for businesses, nonprofits and municipalities.

We also work closely with partners to understand their needs, align those needs with our technical assistance and financing resources, as well as make connections with other potential sources of support. Much of this work takes place when partners are early on in exploring and developing a concept that solves a specific community need. Engaging CDFA in this stage of project development can help community leaders understand the technical and financial resources available, as well as help strengthen the project’s capacity for success by addressing any potential challenges early on.

• The New Hampshire State Tax Credit Program provides grants to organizations in the form of tax equity. Businesses support the selected projects by purchasing the tax credits, resulting in the nonprofit receiving a donation and the company receiving a 75 percent credit against its New Hampshire state tax liability. Our impact is seen throughout New Hampshire in revitalized downtowns, high-quality childcare facilities, business expansion to provide job opportunities, new and revitalized housing units and clean energy initiatives. Since 2016, 20

NEW HAMPSHIRE TOWN AND CITY

Nonprofits in your community can take advantage of CDFA’s L5 Capacity Building Program to strengthen their organizational infrastructure, enhance existing programs or develop new capacity. These resources enable grant recipient to deepen their mission by delivering increased value www.nhmunicipal.org

and meaning to the communities they serve. Planning and Development Early access to funds that enable municipalities to explore a concept and determine its viability is a critical step in the success of a project. The Feasibility program provides up to $12,000 in grant funds to help determine whether a proposed project is viable. Municipalities can apply for funding to conduct activities like income surveys, preliminary architectural and engineering design, cost estimates and market analysis. CDFA also launched its Pre-Development Program in 2018 to help municipalities and nonprofit organizations prepare local development projects for funding and implementation. The program supports activities such as studying the feasibility of renovating a downtown building, gathering public input on a project idea, developing

a business plan for a new facility or seeking planning and zoning approval. Loans of up to $100,000 are available and eligible projects must stand a reasonable chance of being financed and initiated within two years. Additionally, CDFA has resources to support rural small businesses and agricultural producers in your community through the Clean Energy Fund’s Energy Audit Program. Using funds from the USDA Rural Energy for America Program grant program, CDFA will fund 75 percent of a comprehensive, ASHRAE Level II energy audit with eligible participants required to pay for 25 percent. Finance and Deployment A significant portion of CDFA’s resources support the implementation of community development, economic development and clean energy initiatives throughout New Hampshire and include:

• Public Facilities Grants: Finance water and sewer system improvements, transitional and homeless shelters, municipal infrastructure, handicapped access, and neighborhood or community centers that provide public services to lowand moderate-income people. • Housing Grants: Funds can be used to support affordable housing and housing rehabilitation efforts that benefit low- and moderateincome homeowners and tenants. • Economic Development Grants and Loans: Create jobs in your community that provide good wages, benefits, and training programs. Funds can also be used for acquisition of land and buildings, construction of commercial buildings, purchase of machinery and equipment, employee training, and public facilities improvements.

Financial solutions for government entities. TD Bank Government Banking We provide solutions to meet the operational needs of government entities, while making the most of taxpayer dollars. To learn more about our solutions, connect to tdbank.com/governmentbanking or contact your Government Banking Relationship Manager, Keith Pike at (603) 228-9162 or keith.pike@td.com

TD Bank, N.A.

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

CRITICAL RESOURCES from page 16 • Clean Energy Fund: Loan and credit enhancement program for municipalities, as well as businesses and nonprofits, to finance energy efficiency improvements and/or renewable energy generation projects. Municipalities can finance energy improvements for

municipal buildings, street lighting, and water and sewer treatment facilities. • Tax Credit Program: Resource for communities to support community economic development initiatives that show a high degree of community support, build partnerships and leverage other re-

sources. The program is a proven example of how to achieve local priorities by leveraging publicprivate partnerships. CDFA assists community leaders in navigating the various funding sources and pursuing those that are the best fit for any given community or project.

CDFA has awarded more than $13 million of Community Development Block Grant funds in communities throughout New Hampshire in 2017 and 2018. These critical resources support housing, public facility and economic development projects in communities throughout the state. Funding for the Community Development Block Grant program is provided to New Hampshire through the U.S. Department of Housing and Urban Development. The following are a few examples of projects awarded funds in 2017 and 2018. Housing and Public Facilities • The City of Laconia was awarded $350,000 on behalf of Navigating Recovery of the Lakes Region to purchase a property in the downtown Laconia area to relocate and expand the services they provide. The organization is a peer-to-peer recovery center providing services since November 2016 to residents from Laconia and the Greater Lakes Region suffering from Substance Use Disorder. The Lakes Region is an area with a significant need for a Recovery Community Organization. • The Town of Newport was awarded $500,000 on behalf of the Newport Senior Center to expand and renovate the existing facility. The Senior Center provides services to 600 seniors annually. The proposed renovations will address the critical need for space for both immediate and future needs. • The City of Concord was awarded $500,000 on behalf of the Concord YMCA to undertake extensive interior and exterior renovations critical to its operation, including replacing the furnace, nonworking elevator and other improvements to their childcare facility. The Concord YMCA provides childcare services in its Firehouse building to 135 children. There are very limited affordable, high-quality choices in the area. • Sullivan County was awarded $500,000 on behalf of New England Family Housing to rehabilitate the Goddard Block in Claremont. The multi-use building rehabilitation will contribute to downtown redevelopment efforts by providing commercial space and 36 units of rental housing. Economic Development • The City of Keene was awarded $200,000 on behalf of the Monadnock Economic Development Corporation to support the purchase of equipment by local business 603 OPTX, Inc. The project will result in the creation of 10 new full-time jobs. • The Town of Salem was awarded $500,000 on behalf of the Regional Economic Development Center of Southern New Hampshire (REDC) in order to provide a loan to Salem Ford. The business will use the funds to build a new facility, enabling the creation of 25 jobs. Feasibility • The Town of Derry was awarded $12,000 to hire a consultant to determine preliminary design and property development costs for a mixed-use facility that would house a job training center, which is also within a federally designated Opportunity Zone. The study will help determine the maximum development capacity of one of four parcels of town owned land to construct the facility. The facility would expand job training opportunities to help meet the demands of both employers and the available under-skilled labor market while contributing to downtown development. • The Town of Ashland was awarded $12,000 to determine the structural integrity of an abandoned building, estimate hazardous materials clean-up costs and potential clean-up funding, and estimate costs to rehabilitate the building.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Engagement We continue to support our community partners well-beyond the deployment of our resources to assist them with network building, asset management, compliance, as well as analyzing data and outcomes.

How CDFA Resources Help Strengthen Our Communities One example of how these resources work together within a municipality is the City of Keene. Over the past decade, CDFA has made significant investments to help this community build local capacity, resiliency and economic success. Community Development Block Grant and Tax Credit funds were awarded to support critical building and equipment improvements at The Community Kitchen, which provides healthy and nutritious hot meals, take-

home food boxes, as well as advocacy to low- and moderate-income individuals and families in the Monadnock Region. The Monadnock Food Coop also leveraged Community Development Block Grant resources to first build its original space, and most recently, to expand the business and create up to 25 new, quality jobs. New Hampshire business donors have invested funds through the Tax Credit Program to support the construction of a new 16,887 square foot building in downtown Keene for the local arts organization, MOCO Arts, enabling them to serve more area youth, create new full-time jobs, redevelop a vacant and blemished city block, and increase its tuition assistance for low-income students. CDFA’s technical assistance resources help support the local business incubator, the Hannah Grimes Center, to

provide services that help small, local businesses grow. Additional resources are provided to Monadnock Economic Development Corporation, our local economic development partner in the region, to support their work with the community and local businesses. These investments support critical safety-net services, access to healthy local food, a thriving creative economy, new job opportunities and support for local businesses. CDFA’s investment ecosystem results in strong, vibrant communities. We make investments that create and strengthen a community’s sense of place and do so through an integrated, holistic approach to community and economic development. Melissa Latham is Communications Manager with the Community Development Finance Authority. Melissa can be reached by phone at 603-717-9107 or via email at mlatham@nhcdfa.org.

REPRESENTING MUNICIPALITIES Land Use

Labor & Employment

Administration & Finance

Environmental Law

Assessment, Abatement and Tax Collection

Bankruptcy

SHAPING THE LEGAL LANDSCAPE OF NEW HAMPSHIRE FOR OVER 100 YEARS Concord 603.224.7791

Hillsborough 603.464.5578

Jaffrey 603.532.7731

Peterborough 603.924.3864

Portsmouth 603.436.7046

law@uptonhatﬁeld.com | www.uptonhatﬁeld.com

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

What is Your Community’s Capacity to Solve Problems and Thrive? By Doug Linkhart

What makes some communities better able than others to solve the tough social, political, economic or physical challenges they face? This was a question the National Civic League set out to answer over 30 years ago. On-the-ground research revealed a set of factors that we call civic capital — the formal and informal relationships, networks and capacities that communities use to make decisions collaboratively and solve problems. Somewhat like social capital, but not to be confused with financial capital, civic capital can be found in all sorts of communities, not just the most affluent, educated or advantaged. While myriad other factors contribute to community progress, civic capital is the core factor identified by the National Civic League as the primary explanation for long-term community success. At the National Civic League, we know of many communities with an abundant supply of civic capital. The AllAmerica City program has recognized over 500 of these communities during the past 69 years. All have varying degrees of civic engagement, collaboration and leadership, and have been able to tackle tough issues in a sustainable manner--by bringing everyone to the table and creating equity. Earlier this year the National Civic League released the fourth edition of the Civic Index, a self-assessment tool consisting of a set of questions that provide a framework for discussing and measuring a community’s civic capital. Since it was first developed in 1986, many communities have used the Civic Index to better understand their civic strengths and to identify gaps or areas in need of further attention, soliciting community input to create a baseline measure of their civic capital and monitor progress over time as they work to enhance their internal capacity.

NEW HAMPSHIRE TOWN AND CITY

The Seven Components of Civic Capital The Civic Index describes the seven components of civic capital, provides examples of each, lists the 32 questions that are used to gauge each component and provides ideas on how to use the index. Here’s a synopsis of these seven components. 1. Engaged Residents: Residents play an active role in making decisions and civic affairs. 2. Inclusive Community Leadership: The community actively cultivates and supports leaders from diverse backgrounds and with diverse perspectives 3. Collaborative Institutions: Communities with good civic capital have regular collaboration among the government, business, nonprofit and other sectors, as well as structures in place that facilitate such collaboration. 4. Embracing Diversity and Equity: Communities with healthy civic capital recognize and celebrate their diversity. They strive for equity in services, support and engagement. 5. Authentic Communication: Healthy communities need credible, civic-minded sources of information presented in a way that residents can use. 6. Culture of Engagement: Involvement by residents, businesses, nonprofits and other stakeholders in every aspect of civic affairs should be part of local culture— an expectation, not an afterthought. www.nhmunicipal.org

7. Shared Vision and Values: Communities with shared values and civic pride have a common foundation for addressing public matters.

Summary Nearly a hundred years ago, Justice Louis Brandeis, a one-time member of the League’s executive committee, called states “laboratories of democracy.” That mantle has now been passed to the local level, as cities, counties, towns and other local communities create innovations and regional or national networks to tackle such issues as climate change, health, education and economic prosperity. At the same time, local governments

cannot solve problems on their own. As Bruce Katz points out in The New Localism, community problem-solving depends on “multi-sectoral relationships,” with government often serving as a convener or catalyst. What happens next depends on the civic capacity of the particular locality. It is the communities with civic capital — the full engagement and collaboration of its residents, businesses, nonprofits and other stakeholders--that have the resources and persistence to successfully address difficult issues and build a sustainable future. The Fourth edition of the National Civic League’s Civic Index is now available. For more than 30 years communities of all sizes have used the Civic Index to measure their civic capital –

the formal and informal relationships, networks and capacities that enable communities to solve problems and thrive. For a free copy of the National Civic League’s Civic Index, please visit www.nationalcivicleague.org/resourcecenter.

Combining legal resources to beneﬁt New Hampshire municipalities

TWO FIRMS BECOME

ONE TEAM law office of

GARDNER FULTON & WAUGH PLLC

Manchester

NEW

www.nhmunicipal.org

Lebanon Portsmouth

Drummond Woodsum’s Municipal Group will be even better equipped to serve municipalities through a merger with Gardner Fulton & Waugh.

1.800.727.1941

Questions about the merger? Visit Dwmlaw.com

M AY / J U N E 2 0 1 9

The

REPORT

A Cautionary Tale: Public Employee Free Speech Rights under New Hampshire Law – Clark v. N.H. Department of Employment Security By Anna B. Cole On January 11, 2019, the New Hampshire Supreme Court issued a decision that serves as a strong reminder that public employers in New Hampshire must be careful not to run afoul of their employees’ free speech rights when making employment decisions. New Hampshire RSA 98-E provides public employees with a statutory right to engage in free speech. RSA 98-E: 1 states, in pertinent part, “[A] person employed as a public employee in any capacity shall have a full right to publicly discuss and give opinions as an individual on all matters concerning any government entity and its policies,” except for matters that are privileged or confidential. Because RSA 98-E permits public employees to engage in protected speech in their individual capacities related to all matters regarding their public employer and/or its policies (excluding confidential and privileged matters), the New Hampshire Supreme Court has held that the protections of RSA 98-E are broader than a public employee’s right to free speech under the First Amendment of the U.S. Constitution, which only protects public employee speech related to “matters of public concern.” See Pickering v. Board of Education, 391 U.S. 563 (1968). However, while RSA 98-E expands the subject matter of protected speech, it also limits the statute’s protection to speech that is made “publicly.” It is the requirement that the speech be made publicly that was addressed in the Court’s recent decision. In Clark v. N.H. Department of Employment Security, the plaintiff is employed by a state agency, the Department of Employment Security (NHDES). In 2010, she was promoted to a supervisory position in the NHDES Benefit Support Unit. As part of her new responsibilities, Ms. Clark supervised approximately 15 individuals, including three (3) interns, two (2) of whom where children of other Department employees. 26

NEW HAMPSHIRE TOWN AND CITY

Between late 2010 and early 2011, the plaintiff became concerned with the performance of the interns and brought her concerns to the attention of her supervisor and to the Director of the Unemployment Compensation Bureau. The plaintiff claimed that she also tried to bring her concerns about the interns to her union representative, but that her supervisor and the Director prevented her from doing so. Additionally, in pertinent part, the plaintiff alleged that she suspected her supervisors had altered a performance review that she had completed for one of her supervisees and removed references to the supervisee’s concerns about the interns’ performance. The plaintiff was then barred from attending the supervisee’s review meeting. Ms. Clark was also prohibited from speaking with a state senator who was planning to attend the supervisee’s review. Following these interactions, the plaintiff received a poor evaluation and was subsequently selected for layoff. The plaintiff retained her employment by accepting an alternate non-supervisory position in lieu of layoff, but she later appealed her demotion alleging that she was unlawfully demoted for raising her concerns about the interns.1 In 2014, the plaintiff filed suit alleging, among other things, that the defendants’2 conduct violated her rights under New Hampshire’s Public Employee Freedom of Expression Act (RSA 98-E). The Superior Court dismissed plaintiff ’s RSA 98-E claim after determining that her speech was not protected because she failed to demonstrate that she “engaged in public discourse.” The Superior Court held that Ms.Clark’s evidence of public discourse established she had only communicated her concerns regarding the interns with other state employees with whom she would be expected to speak as part of her job. On review, the New Hampshire Supreme Court refused to “categorically exclude” a public employee’s communications with other public employees from 98-E’s www.nhmunicipal.org

protection and noted that the Superior Court did not have sufficient information to dismiss the plaintiff ’s claim on the basis that she did not engage in public discourse, because the lower court failed to determine whether any of plaintiff ’s communications with other state employees were made in “public.” The Court determined that “the word ‘publicly’ [in the statute] excludes a public employee’s communications with other public employees only if the communications could not be observed or accessed by members of the public.” Accordingly, although the Court agreed that private conversations with her supervisors likely did not constitute protected speech, the lower court’s dismissal of the plaintiff ’s RSA 98-E claim was inappropriate where the Superior Court failed to make a finding on whether any of the plaintiff ’s communications regarding the interns could have been observed or accessed by the public. The Supreme Court further held that the plaintiff ’s supervisor’s order not to speak with the state senator raised a material dispute as to whether the supervisor interfered with the plaintiff ’s protected speech. The Supreme Court noted that the record was unclear whether the plaintiff intended to speak to the senator in her official or individual capacity, and

www.nhmunicipal.org

because the supervisor’s order limited her ability to speak to the senator about any issue, not just the confidential employee review. The Court remanded the plaintiff ’s statutory free speech claim back to the Superior Court.

New Hampshire’s Whistleblower’s Protection Act, RSA 275-E; and, (3) pursuant to the Court’s general equity jurisdiction, it may enjoin the individual defendants from engaging in allegedly ongoing retaliatory behavior in violation of RSA 275-E. 2

The Clark case should remind public employers to tread carefully when addressing matters of employee speech. As addressed above, while not unlimited, the protections for employee speech are broad and may only be defeated with a sometimes intensive case-by-case fact analysis. To avoid unintentionally interfering with employee rights, public employers faced with employee speech matters would be wise to reach out to counsel before attempting to address the concern with the employee to ensure that all material factors have been considered and weighed in advance. Footnotes 1

The facts recited herein are specifically relevant to the plaintiff ’s free speech claim. Additional facts were alleged in the suit related to other asserted claims, such as a whistleblowers’ protection act claim, interference with contract, wrongful discharge/demotion, etc. Of particular note, in addition to its overview of employee’s rights under RSA 98-E, the Court determined that (1) New Hampshire does not recognize a claim for common law “wrongful demotion”; (2) compensatory damages are not available under

In addition to the Department and other individuals, the plaintiff included her supervisor and the Director of the Unemployment Compensation Bureau as named defendants in the suit.

Anna Cole is a member of DrummondWoodsum’s Labor and Employment Group. Her practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2019 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

M AY / J U N E 2 0 1 9

Rethinking Recycling: How Cities Can Adapt to Evolving Markets Introduction In 2015, Americans generated more than 262 million tons of waste, or nearly 4.5 pounds per person, per day. To handle this load, nearly every U.S. city has developed a solid waste management program that includes recycling. These initiatives have overall proved successful. The recycling rate has tripled in the last 30 years to approximately 25.8 percent in 2015, or nearly 68 million tons. The industry is both environmentally beneficial and economically significant. In 2007, the U.S. recycling and reuse industry accounted for 757,000 stable jobs, $36.6 billion in wages, and $6.7 billion in state, local and federal tax revenues. But today, the recycling industry is in the midst of a global crisis precipitated by China’s latest waste import policy, National Sword. In January 2018, China implemented an import ban on certain commodity mixes, and in March the country began enforcing stricter limits on how much contamination can be present in recyclable materials. The ban specifically targets mixed paper and mixed plastics, the two most common types of materials processed by municipal recycling systems. Since China previously received more than half the world’s recyclable commodity exports, the move has unsettled global recycling.

NEW HAMPSHIRE TOWN AND CITY

While China’s new policy is not an outright ban on all recycling imports, the contamination limits of 0.5 percent are so low that no American processor can realistically meet them. Officially, the Chinese contamination rates have varied between 1.5-10 percent over the last several years. Now though, China is making a serious effort to tackle its own environmental issues. Additional restrictions are scheduled to take effect later in 2019, and China aims to halt all solid waste imports by 2020. As a result, prices have plummeted for many types of recyclable commodities and revenues are dropping for cities, haulers and processors who rely on these sales. Cities throughout the U.S., as well as private haulers and operators of materials recovery facilities (MRFs), must reevaluate their operations and policies in order to adapt and maintain viable municipal materials management systems. The National League of Cities has developed a Municipal Action Guide for municipal officials titled Rethinking Recycling: How Can Cities Adapt to Evolving Markets. This Guide is available for download at https://www.nlc.org/sites/default/files/201809/CSAR_Recycling-MAG.pdf

www.nhmunicipal.org

Don’t Be Left Hanging

Air Quality Testing • Hazardous Materials Industrial Hygiene & Safety • Asbestos, Mold, PCBs, Lead Paint

Call 1-888-SAFE-AIR or visit www.airpf.com www.nhmunicipal.org

M AY / J U N E 2 0 1 9

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.

Local Regulation of Agriculture Toolkit By Amy Manzelli and Theresa Walker

onflicts surrounding farms are on the rise in New Hampshire, be it neighbors challenging farmers, farmers engaging in activities that stretch or exceed what constitutes agriculture, or entrenched attitudes about property rights. At the same time, farms are thriving and expanding across the state as farmers capitalize on consumer interest in locally grown and produced food and communities strive to become more economically and environmentally resilient. The New Hampshire Coalition for Sustaining Agriculture (Coalition), an ad-hoc group of New Hampshire farmers, regulators, agriculture advocates and policy makers, identified the need for information for farmers and local officials about state laws governing agriculture and how local policies and regulations can help or hinder local agriculture.

A Checklist for Municipal Planning for Agriculture Farms are thriving and expanding across New Hampshire in new and exciting ways as farmers capitalize on consumer interest in fresh, locally grown and produced food. Farm stands, community gardens, community-supported agriculture, and summer and winter farmers’ markets provide access to New Hampshire grown agricultural products year-round, creating opportunities for farmers to build their businesses. To support this economic development, municipalities can do more to ensure farms are successful. Agricultural land use is often overlooked in local plans and regulations, with emphasis given to residential and commercial activity, transportation networks,

NEW HAMPSHIRE TOWN AND CITY

and recreation. As a result, farmers can be hindered by uncertainty regarding how state and local regulations are applied to their operations. Municipal plans, regulations and policies that are flexible and clearly promote and support farming can help ensure New Hampshire’s traditional working landscape of farms and forests can continue to work in the future. This checklist, originally developed by the New Hampshire Coalition for Sustaining Agriculture in 2001, has been updated to reflect municipal interest in creating economically and environmentally sustainable and resilient communities that recognize the importance of a local and regional food supply, as well as the recognition by local officials that agricultural land in all of our communities provides more than food and forest products and rural character that supports tourism, but also jobs, greater food security, water supply protection, flood storage, and wildlife habitat. With grant funding from Farm Credit Northeast AgEnhancement, the Coalition researched and developed the Local Regulation of Agriculture Toolkit. The Toolkit is designed to raise awareness of state laws governing agriculture and how those laws intersect with local regulations. The Toolkit includes: • A checklist for assessing the farm friendliness of local regulations and policies; • A flowchart of state laws governing farming and agricultural activities (current as of September 2017); • A glossary of terms, and discussion on the relationship between state laws and municipal laws; • A resource list of agencies, organizations, and publications for farmers and municipalities to www.nhmunicipal.org

address conflicts and pro-actively develop farm-friendly regulatory environments. The Coalition established a project steering committee comprised of farmers, state, regional, and local planners, land use attorneys, and representatives from agricultural agencies and organizations. Project leaders conducted research designed to hear first-hand from farmers and municipal decisionmakers about the kind of information needed to support and regulate agriculture at the local level. Information was collected at the February 2017 New Hampshire Farm and Forest Exposition, November 2017 New Hampshire Municipal Association Annual Conference, and meetings with farmers and land use planners. The draft Toolkit was developed and presented to stakeholders for review via a webinar hosted by the New Hampshire Food Alliance in January 2018 and at the February 2018 New Hampshire Farm and Forest Exposition. Project

leaders presented the completed Toolkit at the April 2018 New Hampshire Office of Strategic Initiatives Planning and Zoning Conference. Copies of the Toolkit were distributed to all workshop participants via email, as well as interested parties at local and state government. The Toolkit is now available via websites hosted by the New Hampshire Department of Agriculture, Markets and Food, New Hampshire Office of Strategic Initiatives, New Hampshire Association of Regional Planning Commissions, New Hampshire Farm Bureau, County Conservation Districts, Farm Credit East, Food Solutions New England, and other agencies. The Coalition is working to secure grant funds to develop additional tools requested by local planners and farmers, including modified site plan review regulations that accommodate the unusual needs of agricultural businesses, such as farm-based stores and seasonal events.

You may download the Agricultural Toolkit here: https://www.agriculture. nh.gov/publications-forms/documents/ agriculture-regulation-toolkit.pdf. Amy Manzelli is a member and part owner of BCM Environmental and Land Law, PLLC in Concord. Amy practices environmental, conservation, and land law across New Hampshire. Amy may be reached at 603.225.2585 or by email at manzelli@nhlandlaw.com. Theresa Walker is consultant planner with the Rockingham Planning Commission and works with municipal officials on a wide variety of projects, including natural hazard mitigation planning, water quality and wildlife habitat protection, natural resource inventories, and the retention of the regionâ&#x20AC;&#x2122;s working landscape of farms and forests. Theresa also serves on the Town of Durham Agricultural Commission and can be reached at 603.534.3913 or by email at theresawalker@comcast.net.

Preserving the beauty of Northern New England through innovative and sustainable solutions to conserve land, working farms, and open spaces. BCM Environmental & Land Law is your real estate resource for conservation and agriculture.

Call today to see how we can help you.

603-225-2585

3 Maple Street, Concord, NH www.nhlandlaw.com

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

Legal

Q and A

By Stephen C. Buckley, Legal Services Counsel with the New Hampshire Municipal Association

What is the Role of Municipal Conservation Commissions in Wetlands Permitting? By Natch Greyes Municipal conservation commissions are best known for their role as local conservation volunteers working to study and protect local natural resources, but they also play a critical role in the permitting of filling and dredging in wetlands. In addition, newly effective provisions of RSA 482A:11 have altered the role that conservation commissions play during the New Hampshire Department of Environmental Services (NHDES) permitting of filling and dredging in “prime wetlands.” Editor’s Note: At the time of publication, NHDES was finishing the rulemaking process in light of the legislative changes and final rules are expected June 2019. Q. What areas require a permit from NHDES to fill or dredge? A: RSA 482-A:2 defines a “wetland” as “an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” RSA 482-A:3 states that “[n]o person shall excavate, remove, fill, dredge, or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from [NHDES].” Q. What is a conservation commissioner’s role with regard to this permitting process? A: Conservation commissions have two roles. First, they are the only municipal body with the authority to “intervene” in the permitting process and investigate an application for a dredge and fill permit filed with NHDES’s Wetlands Bureau under RSA Chapter 482-A. Second, prior to the beginning of any particular permitting process, a conservation commission may designate, map, and document “prime 32

NEW HAMPSHIRE TOWN AND CITY

wetlands” lying entirely or partially within the boundaries of its town or city under RSA 482-A:15. Q. What steps must municipalities take when a landowner wants to fill or dredge a wetland? A: Landowners who want to fill or dredge wetlands must first apply for a Wetlands Permit by taking their applications to their local town or city clerk prior to mailing the permit to NHDES. The clerk will sign the original application form and four copies. The original form will be provided by the applicant to NHDES, but the other four copies will remain with the clerk. The clerk will provide a copy to each of the following: Municipal Conservation Commission, Board of Selectmen or Town/City Council, and the Planning Board. The last signed copy will be retained along with a complete set of any attachments and will be made reasonably accessible to the public. When filling out the permit, the landowner will have to determine if the proposed work qualifies under the “minimum impact” standard pursuant to the rules promulgated by NHDES, as well as whether an “expedited review” is desired. The minimum impact classification is intended to cover those projects that, provided they are done properly, ought to be permitted with minimal oversight. Q. What does the municipal conservation commission do with the notice of application? A: If the municipal conservation commission elects to, it may provide written notice to NHDES that it intends to investigate the application. Under current rules, that notice must be received by NHDES within 14 days. That notice to NHDES will delay NHDES’s decision until it receives and acknowledges receipt of a written report by the conservation commission or until 40 days has passed, whichever is sooner. If the commission needs more time, it may ask for www.nhmunicipal.org

an extension of up to 40 days for good cause. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of NHDES’s record. Further, if NHDES does not agree with the conservation commission’s recommendation, NHDES must make written findings with regard to each issue raised by the commission’s report which is contrary to the decision of the department. For any applications which seek to fill or excavate a previously designated “prime wetland,” NHDES is required to notify the appropriate conservation commission. If, after the commission is given the opportunity to issue a report, NHDES decides to issue a permit, it must find by clear and convincing evidence on the basis of all information considered by the department and after a public hearing that the proposed project, either alone or in conjunction with other human activity, will not result in the significant net loss of the public good and welfare as described in RSA 482-A:1. That standard is more stringent than the standard used for other kinds of wetlands. Q. What are “prime wetlands” and why are they special? A: RSA 482-A:15,I-a defines “prime wetlands” as areas that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance and are (1) contiguous areas and inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal conditions, support a prevalence of vegetation typically adapted for life in saturated soil conditions; or (2) all lands submerged by mean high tide in addition to areas within 100 feet of the highest observable tide line where the tide ebbs and www.nhmunicipal.org

flows and all sand dunes; or (3) all ponds or lakes of 10 acres or more and all surface waters of the state which contain fresh water, including the portion of any bank or shore which borders such waters and any swamp or bog subject to periodical flooding, wherever fresh water flows or stands. This definition has been specifically carved out compared to other wetlands, which encompass, essentially other areas which are inundated that are not unspoiled, fragile, or large. Q. How are “prime wetlands” designated? A: The designation of “prime wetlands” is where conservation commissions play a vital role in determining the protection status for certain wetlands. RSA 482-A:15 allows a conservation commission and only a conservation commission to designate, map, and document “prime wetlands” lying entirely or partially within the boundaries of its town or city. If the commission designates “prime wetlands,” it shall hold a public hearing on the decision to make that designation and give written notice to the owner of the affected land and all abutters 30 days prior to that hearing. In concert with that process, the commission should map the wetland boundaries as it must inform landowners having proposed prime wetlands on their property of the boundary delineation. After a commission has mapped and designated prime wetlands it may, after approval by the local legislative body, file those maps and designations with NHDES, which shall accept and maintain them and provide public access to such maps during regular business hours.

cover some basics. NHDES will want to know if the application plan and photographs appear accurate, if the wetland type is correctly identified and its relation to other wetlands, if there are alternatives to the project with reduced wetland impact and how abutters will be impacted, was any relevant additional information obtained during a site inspection, and whether there is any other specific information that should be known. Lastly, the commission should make a recommendation to NHDES. That recommendation should detail why the project should be approved or denied, or, if appropriate, what specific conditions should be imposed as a condition of approval. Any concerns should also be reiterated in the recommendation section. Q. Where can commissions and their municipalities go for more information? A: Barbara Richter at the New Hampshire Association of Conservation Commissions (NHACC) provided invaluable assistance for this article. The NHACC’s website is available at www. nhacc.org and is a great resource for conservation commission-related matters. The NHACC is keeping abreast of NHDES’s rule-making process and will be publishing updates as those rules are finalized and adopted. Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

Q. If a commission elects to investigate a dredge and fill application, what is required in that commission’s report to NHDES? A: The commission’s report does not need to be elaborate, but it should M AY / J U N E 2 0 1 9

MUNICIPAL FINANCE SOFTWARE DESIGNED SPECIFICIALLY FOR

NEW HAMPSHIRE MUNICIPALITIES

i WŽǁĞƌĨƵů ĂŶĚ ŇĞǆŝďůĞ͕ ǇĞƚ ĞĂƐǇ to use i &ƵůůǇ ŝŶƚĞŐƌĂƚĞĚ ŵŽĚƵůĞƐ ĨƌŽŵ 'ĞŶĞƌĂů >ĞĚŐĞƌ ƚŽ WĂǇƌŽůů ƚŽ hƟůŝƚǇ ŝůůŝŶŐ i &ƵůůǇ ĚĞǀĞůŽƉĞĚ ZĞƉŽƌƚ >ŝďƌĂƌǇ ƚŽ ŵĞĞƚ E, ŶĞĞĚƐ͕ ŝŶĐůƵĚŝŶŐ D^ forms i ĞƐŝŐŶĞĚ ĂŶĚ ƐƵƉƉŽƌƚĞĚ ďǇ DZ/͛s ĞǆƉĞƌŝĞŶĐĞĚ &ŝŶĂŶĐĞ ƐƚĂī

Phone: 603.279.0352 ŵĂŝů͗ ŵƚƐΛŵƌŝŐŽǀ͘ĐŽŵ tĞď͗ ŵƌŝŐŽǀ͘ĐŽŵͬŵƚƐ

? 34

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

— This Moment in NHMA History — 57 years ago…. Sugar Hill, once a section of Lisbon, became the state’s newest town, organized for voting purposes, in 1962. The last to gain a similar status was Dixville, which won voting rights in 1960. Before that one would have to go back to the Town of Newfields which was formed in 1895.

The “Inquiry Answering Service,” the forerunner to what is better known today as “Legal Service Inquiries,” helped 48 cities and towns in 1962. In 2018, NHMA’s Legal Services attorneys responded to nearly 3,180 phone and email inquiries.

NAME

THAT

TOWN OR

CITY

? ?

www.nhmunicipal.org

Name the New Hampshire city or town in which this town hall resides. Incorporated in 1962, it is the youngest New Hampshire town. It has been known as Gunthwaite and Lisbon. The first organized ski school in the United States was established here. When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the July/August 2019 issue. ANSWER TO PHOTO IN MARCH/APRIL 2019 ISSUE: The photo on page 28 in the last issue of New Hampshire Town and City magazine was the meeting house located in the Town of Chatham. Thanks to all our members who responded with the correct response, including Ron Fontaine and Ashlee Crosby (Swanzey); Scott Wiggin (Bedford); Marshall Buttrick (Greenville); Vickie Lee (Lebanon); Patricia Woods (Bath); Bill Herman (Auburn).

M AY / J U N E 2 0 1 9

NHMA has a fee-for-service training option*—NHMA 2Q 'HPDQG—so member municipalities can get the training they need when they need it. NHMA attorneys are available to travel to member municipalities to present training sessions on the following topics:

Budget/Finance

KŶͲ ĞŵĂŶĚ dƌĂŝŶŝŶŐ 36

The Basic Law of Budgeting

Conservation/Recreation The Conservation Commission: Roles and Responsibilities Conservation Fund Best Practices The Recreation Committee

Employment/Labor Discrimination Issues in the Workplace Employment Law Overview Everything You Wanted to Know about FMLA/FLSA…But Were Afraid to Ask

Governance Conflicts of Interest and Ethics for Local Officials Effective Public Meetings Select Board & Town Manager: Roles, Responsibilities & Relationships Select Board’s Roles, Responsibilities & Relationships with Other Officials Workshop for City and Town Councilors, Mayors and Aldermen

Roads & Highways A Hard Road to Travel: The Intersection of Land Use and Road Law A Hard Road to Travel: Road Formation, Classification & Discontinuance Roads: Liability, Regulation & Maintenance

Right-to-Know Law Public Meetings and Nonpublic Sessions Governmental Records

NEW: Right-to-Know Law for Law Enforcement

Planning ZBA Decision Making Process Planning Board Roles and Responsibilities

ĂĐŚ ƉƌĞƐĞŶƚĂͲ ƟŽŶ ŝƐ ĂƉƉƌŽǆŝͲ ŵĂƚĞůǇ Ϯ ŚŽƵƌƐ ŝŶ ůĞŶŐƚŚ ĂŶĚ ĐŽƐƚƐ ΨϱϱϬ͘ϬϬ͘

Other Topics The Tax Deeding Workshop The Art of Welfare Administration Getting to Know Library Statutes

We encourage the requesting municipality to invite officials and employees from surrounding NHMA-member municipalities to attend and share the cost. To request an On -Demand presentation please send an email to: legalinquiries@nhmunicipal.org. * Member municipalities paying annual dues in excess of $15,000 are entitled to one free On-Demand presentation per calendar year.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Court

Asset Management Coastal Facilities Energy Infrastructure Land Development Resiliency Transportation Water Resources

Update By Stephen C. Buckley, Legal Services Counsel and Margaret M.L. Byrnes, Staff Attorney

Portsmouth, NH | 17 Corporate Drive | 603.433.8818 1HƒEGU VJTQWIJQWV VJG 0QTVJGCUV

www.tighebond.com

Now available online: March

Government Banking

100% Disabled Veterans Qualify for 100% Real Estate Tax Exemption When VA Provides Funds Appeal of Town of Belmont, New Hampshire Supreme Court No. 2018-0217, 3/19/2019

Equal Housing Lender

Trustees of Trust Funds

OPOS T FOR PR REQUES IDE TO PROV

s for ent Service the t Managem Funds of Investmen al Reserve pit Ca d shire Trust an w Hamp Sample Ne Town of

Have you done an RFP for your funds in the past 5 years?

Issued: 9 June 1, 201 Deadline: Submission 4 by 4:00 p.m. 9, 201 September

pshire ple New Ham Funds Town of Sam Trustees of Trust 03301 NH t | Anytown, 123 Main Stree | FAX (603) 555-1212 212 (603) 555-1

d get a copy Call today an R FP for le of our Samp & Towns. s ie it C NH

• • • • •

Best practice is to go through the RFP Process every 5 years. We’ve created a sample RFP that is editable and customizable. Perfect for any NH Municipal Trustees of Trust Funds. Easy to edit with sample questions and evaluation criteria. Contact us today and we’ll send you the file. Contact our Municipal Services Group at: 603-224-1350 Questions@CharterTrust.com

Concord | Hanover | New London | Meredith | Rochester | Peterborough | Nashua Charter Trust Company is a subsidiary of Bar Harbor Bank & Trust. Investment products are not deposits or obligations of the Bank, are not FDIC insured, are not guaranteed by Bank and are subject to investment risk, including possible loss of value or principal amount invested. www.nhmunicipal.org

M AY / J U N E 2 0 1 9

Save the Date The 2020 Census is just a year away! Help us make sure that New Hampshire’s population is fully counted.

ǻÌs ŗsɠ Ë ŎƼǣÌÞǋs ŷ¯¯ÞOs Ÿ¯ ǢǼǋ Ǽs¶ÞO ÝŘÞǼÞ ǼÞɚsǣ ÞŘɚÞǼsǣ ɴŸȖ ǼŸ ǼÌs

New Hampshire Complete Count Committee Kickoff Meeting Thursday, June 20, 2019 New Hampshire Municipal Association 25 Triangle Park Drive, Concord, NH 03301 9:00am NŸŎs ǣss ÌŸɠ ɠs O Ř ɠŸǋĨ ǼŸ¶sǼÌsǋ ǼŸ _sɚsĶŸƼ ŸȖǼǋs OÌ O ŎƼ Þ¶Řǣ ǼŸ ǋ Þǣs ɠ ǋsŘsǣǣ Ÿ¯ ǼÌs OsŘǣȖǣ Ř_ ÞŘOǋs ǣs Ƽ ǋǼÞOÞƼ ǼÞŸŘ ǋ Ǽsǣʳ ®Ÿǋ __ÞǼÞŸŘ Ķ ÞŘ¯ŸǋŎ ǼÞŸŘ EŸȖǼ ǼÌs ˡ˟ˡ˟ NsŘǣȖǣ Ř_ NŸŎƼĶsǼs NŸȖŘǼ NŸŎŎÞǼǼssǣ ǣss ŷǢÝ˅ǣ ˡ˟ˡ˟ NsŘǣȖǣ ƻ ¶sʳ ɠɠɠʳŘÌʳ¶ŸɚˀŸǣÞˀ_ Ǽ ˚OsŘǼsǋˀˡ˟ˡ˟˚OsŘǣȖǣˀÞŘ_sɮʳÌǼŎ Registration opens April 2019.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

How to Avoid Costly Mistakes! Wage & Hour Compliance Workshop for Cities and Towns KĹśĹŻÇ&#x2021; Î¨ĎŻĎąÍ&#x2DC;ĎŹĎŹ

9:00 amâ&#x20AC;&#x201D;12:30 pm Friday, May 10, 2019

NHMA Offices 25 Triangle Park Drive, Concord Compliance with the Fair Labor Standards Act (FLSA) can be complicated, and many municipal employers unintentionally violate the law with common mistakes such as failing to properly pay employees for hours worked, incorrectly computing overtime, or misapplying overtime exemptions. Steven McKinney, the Community Outreach Specialist for the Northern New England District Office of the United States Department of Labor, Wage and Hour Division, will discuss some of the most common FSLA pitfalls and errors, how to avoid these costly mistakes, and options for correcting unintentional underpayment.

Other topics will include volunteers, compensatory time, special exemptions that may apply to local government.

Registration Now Open! 7R UHJLVWHU RQOLQH SOHDVH YLVLW www.nhmunicipal.org DQG FOLFN RQ WKH &DOHQGDU RI (YHQWV Cancellation must be received 48 hours in advance. If cancellation is not received 48 hours in advance, NHMA will charge you $20 to cover workshop costs, including any meals.

Questions? Please call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

SAVE the DATE! SAVE the DATE!

THURSDAY May 30, 2019

1:30 3.M.â&#x20AC;&#x201D;4:00 P.M.

Î¨Ď°ĎŹÍ&#x2DC;ĎŹĎŹ

NHMA Offices

Concord, NH

#0#)+0) 7$.+% +)*65 1( #;U Ig '2.1;/'065 n #:#6+10 This continuing legal education seminar will cover the evolving pressures on municipalities for access to public rights of way for wireless telecommunications, broadband fiber and traditional telephone and electrical poles and conduits, and the changing requirements for taxing private company uses of the public rights of way.

Both emerging technologies and new laws are challenging the way municipalities have traditionally managed their public rights of way, and being pro-active is the best approach. This seminar will provide specific guidance on staying ahead of these developments, with examples of documents and procedures.

Register online today at www.nhmunicipal.org and look for the workshop under Calendar of Events. QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

Presenters include Kate Miller, Partner at DTC Lawyers and DTC Associate Brendan A. Oâ&#x20AC;&#x2122;Donnell.

SAVE the DATE! 9:00 A.M.â&#x20AC;&#x201D;2:00 P.M.

NHMA Offices

Concord, NH

&RVWV 2QO\ THURSDAY June 13, 2019 &RQWLQHQWDO EUHDNIDVW DQG OXQFK ZLOO EH SURYLGHG

The Art of Welfare Administration Workshop Presented by the New Hampshire Municipal Association and the New Hampshire Local Welfare Administrators Association On-line Pre-registration by June 6!

Register online today at www.nhmunicipal.org and look for the workshop under Calendar of Events. QUESTIONS? Call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Are You Signed Up for NHMA’S free

stuff:

LEGISLATIVE BULLETIN or NewsLink? NHMA’s /HJLVODWLYH %XOOHWLQ is a weekly publication designed primarily to communicate with municipal officials as well as keeping legislators, the Governor’s Office and the media informed about municipal legislative priorities. Stay current on legislative news, key legislative developments, action alerts on critical legislation when municipal input is necessary, breaking news, and more.

The /HJLVODWLYH %XOOHWLQ is

emailed every Friday until the legislative session ends in June. If interested, email governmentaffairs@nhmunicipal.org. NHMA’s

1HZ/LQN is

NHMA’s

bi-weekly

newsletter containing news and information about upcoming training programs, workshops, webinars and other events to more than 3,300 elected and appointed municipal officials, state agencies and other stakeholders. If interested, email tfortier@nhmunicipal.org.

Have You Signed Up for a Free Webinar Yet? Join us from the

Did you know that the Association presents free

convenience of your own desk!

webinars on timely municipal topics every month?

0LVV D OLYH ZHELQDU"

Some upcoming webinars in-

1R ZRUULHV

clude:

Visit www.nhmunicipal.org x

Legislative Half-time

for archived webinar re- x

Right-to-Know Law and

cordings and presentation

Governmental Meetings

materials.

www.nhmunicipal.org

M AY / J U N E 2 0 1 9

2019 Training Events Workshops and Webinars for City and Town Officials

2019

Webinar Series

Enjoy on-line training from the convenience of your own desk. Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right-toKnow law, legislative overviews, code enforcement, cybersecurity, invasive species, elections, and more. (No fee)

Moderators Workshop One half-day workshop for SB2 Meetings and another half-day workshop for Traditional Meetings held in January and February each year. Includes the Town Meeting/School Meeting Handbook. (Fee charged)

Local Officials Workshops Held in multiple locations around the state every year during spring months and is designed for the newly-elected and veteran local official. Includes one copy of the current 250+page handbook Knowing the Territory. (No fee)

Budget & Finance Workshops Held in two locationsâ&#x20AC;&#x201D;north and south each year in September. Includes The Basic Law of Budgeting Handbook, and addresses a variety of topics regarding the municipal budget process. (Fee charged)

Municipal Law Lecture Series Held in multiple locations around the state in September and October and designed for land use officials. Also includes one full-day (Saturday) workshop on three (2 hours each) land use related topics/written materials provided with each lecture. (Fee charged)

Annual Conference Held every November providing two (2) full days of educational programming and training opportunities for every local official on a wide variety of topics and access to over 100 exhibitors. Event is the largest municipal gathering in the state every year. (Fee charged)

Right-to-Know Law Workshops Held regularly each year in various locations around the state. Includes publication, A Guide to Open Government in New Hampshire, reflecting the latest developments in the law. (Fee charged)

7KHUHÂśV DOZD\V PRUH DW ZZZ QKPXQLFLSDO RUJ

For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

ĎŽĎŹĎĎľ >Ĺ˝Ä?Ä&#x201A;ĹŻ KÄ¸Ä?Ĺ?Ä&#x201A;ĹŻĆ? tĹ˝Ć&#x152;ĹŹĆ?Ĺ&#x161;Ĺ˝Ć&#x2030;Ć? FREE workshops for seasoned and new municipal officials and employees of NHMA member municipalities.

DATES AND LOCATIONS Tuesday, May â&#x20AC;&#x201D;Sugar Hill (The Meeting House) Saturday, June â&#x20AC;&#x201D;Concord (NHMA Offices) Presented by NHMAâ&#x20AC;&#x2122;s Legal Services attorneys, these workshops provide municipal officials with tools and information to effectively serve their communities. Topics will include the Right-to-Know Law, ethics and conflicts, town governance, municipal roads, and more. Ample time allowed for questions, answers, and discussion. Attendees will receive a complimentary copy of NHMAâ&#x20AC;&#x2122;s 2019 edition of the publication, .QRZLQJ WKH 7HUULWRU\

DPÂł SP

5HJLVWUDWLRQ EHJLQV DW DP &RQWLQHQWDO EUHDNIDVW ZLOO EH SURYLGHG

QRRQ Âł SP

/81&+ 21 <285 2:1

7LPH SURYLGHG IRU DWWHQGHHV WR JHW OXQFK 6SRQVRUHG E\ +HDOWK7UXVW DQG 5HYLVLRQ (QHUJ\

Registration Now Open! No Registration Fee. 7R UHJLVWHU RQOLQH SOHDVH YLVLW www.nhmunicipal.org DQG FOLFN RQ WKH &DOHQGDU RI (YHQWV Cancellation must be received 48 hours in advance. If cancellation is not received 48 hours in advance, NHMA will charge you $20 to cover workshop costs, including any meals.

Questions? Please call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org www.nhmunicipal.org

M AY / J U N E 2 0 1 9

SAVE THESE DATES Municipal Trustees Training Workshops

9:00 amâ&#x20AC;&#x201D; pm Thursday, June 6, 2019 NHMA Offices 25 Triangle Park Drive Concord, NH 03301

9:00 amâ&#x20AC;&#x201D; pm Tuesday, June 25, 2019 Medallion Opera House 20 Park Street Gorham, NH 03581

Presenters Include: Margaret Byrnes, Stephen Buckley and Natch Greyes, NH Municipal Association Terry Knowles, Asst. Director, Charitable Trusts Division, NH Department of Justice Jamie Dow, Municipal Accounts Auditor, NH Department of Revenue Administration David Salzer, Principal, Axiomatic

&RVWV 5HJLVWUDWLRQ VWDUWV DW DP /XQFK ZLOO EH SURYLGHG

Thank You to Our Sponsors Sponsor of Concord and Gorham Workshops

Sponsor of Concord Workshop

Program Support Sponsors

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Who Not to Hire! Who Not to Hire!

Upcoming Upcoming Webinars Webinars NHMA will be hosting two webinars in NHMA will be hosting two webinars in May and June for members of the New May and June for members of the New Hampshire Municipal Association. Hampshire Municipal Association.

Tuesday, May 14, 2019 Tuesday, May 14, 2019 12:00 pm—1:00 pm 12:00 pm—1:00 pm There are a lot of similarities between employees and volunThere a lot of similarities employees and volunteers –are both groups need to between be recruited and supported to teers – both groups need to be recruited and supported to be successful in working toward the same municipal misbe in working the for same municipal mission.successful As we head towards toward the season hiring for a variety sion. As we and headseasonal towardshelp, the season for hiring a variety of summer this webinar willforserve as a of summer and seasonal help, this webinar will serve as much needed primer on New Hampshire employment law,a much needed best primer on Newand Hampshire volunteerism, practices, more. employment law, volunteerism, best practices, and more. Join Attorney Christine Fillmore of Drummond Woodsum Join Attorney Christine Fillmore of of Drummond Woodsum and Kerry Horne, Executive Director the New Hampshire and Kerry Horne, Executive Director of the New Hampshire Recreation and Park Association, who will review the poliRecreation and Park Association, will review the policies and procedures that protect who the safety of volunteers cies and procedures that protect the safety of volunteers and the municipality, including youth employment reand the municipality, including youthcompensation employment and restrictions, background checks, workers’ strictions, background checks, workers’ compensation and liability issues. liability issues. Attendees will receive an electronic copy of Volunteer ManAttendees will receive electronic Policies copy of Volunteer Manual, A Guidebook for an Developing and Procedures ual, A Guidebook for Developing Policies and Procedures and Special Events Planning Guidebook, as resources for and Events Planning Guidebook, as resources for your Special town/city or event organizing committee. your town/city or event organizing committee.

2019 Legislative Wrap-up 2019 Legislative Wrap-up Wednesday, June 26, 2019 Wednesday, June 26, 2019 12:00 pm—1:00 pm 12:00 pm—1:00 pm Join Executive Director Margaret Byrnes, Government Join Director Margaret Government AffairsExecutive Counsel Cordell Johnston, and Byrnes, Government Finance Affairs Counsel Cordell Johnston, and Government Advisor Barbara Reid for a review of the highlightsFinance of the Advisor Barbarasession. Reid for a review of the highlights of the 2019 legislative 2019 legislative session.

For details and registration information, For details and registration information, visit www.nhmunicipal.org under visit www.nhmunicipal.org under Calendar of Events Calendar of Events

Questions? Call 800.852.3358, ext. 3350, or email Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org. NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

This webinar will discuss the most significant bills of municiThisinterest webinarthat willmade discuss the mostthe significant billsthis of year, municipal it through legislature as pal interest that made it through the legislature this year, as well as a few that failed but may be back in the future. well as a few that failed but may be back in the future. The discussion will include, among others, assessing issues, The discussion will include, others, assessing water quality standards, theamong Right-to-Know law, the issues, retirewater quality standards, the Right-to-Know the retirement system, planning and zoning issues,law, election law ment system, planning and zoning issues, election law matters, including postponement of town meeting, and othmatters, including postponement of town meeting, and other changes affecting municipal governance and administraer changes affecting municipal governance and administration. tion.

M AY / J U N E 2 0 1 9

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Healthy Minds, Healthy Bodies All HealthTrust medical plans include coverage for behavioral health and substance use disorder care, and access to the resources your employees and their covered family members need to stay fit – mentally and physically. • • • •

LiveHealth Online – Behavioral health visits from the privacy of home Slice of Life wellness program Aware Recovery Care – In-home, multifaceted treatment for substance use disorders LifeResources Employee Assistance Program – Help for life-impacting issues for employees and employers

Contact our Wellness or Benefits Team today to see how HealthTrust can help you create a healthier, happier workplace.

Medical and Prescription Drug Dental Benefit Advantage FSA and HRA Services Disability and Life Slice of Life Wellness Program LifeResources Employee Assistance Program LiveHealth Online SmartShopper

800.527.5001 www.healthtrustnh.org