New Hampshire Town and City Magazine, January-February 2023

Beyond investing

The New Hampshire Public Deposit Investment Pool (NH PDIP) has provided public entities with investment options since 1993. NH PDIP focuses on safety, liquidity, and a competitive yield in order to meet the distinct needs of cities, towns, school districts, and other political subdivisions.

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 an affiliate of PFM Asset Management LLC.

HR Report: NHMA Employment Law Hotline: Question and Answer Series: Maternity Leave

Legal Q&A: That Time of Year: Common Budgeting FAQs

NLC Report: An Overview of Homeless Emcampments for City Leaders

NHARPC Report: Reboot Your Natural Resource Inventory

Court Update

This Moment in NHMA History

Name That City or Town

Upcoming Webinars Center Spread Getting Used to Different! NHMA’s 81st Annual Conference and Exhibition Thank you to our Sponsors and Exhibitors

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On the state’s limited access highways, businesses must use the services of an approved maintenance provider for the actual cleanup. I’m pleased to announce that Roadsweep America has been approved by the State of NH, to perform litter cleanup on its limited access highways and secondary highways. Businesses who wish to sponsor a section of highway can now select Roadsweep America Once the sponsor’s application has been approved by the state, Roadsweep America will then install a sign, along the approved section of highway, displaying the business sponsor’s name and logo By sponsoring a section of our state’s highways, your company can make a difference in helping to keep our highways litter free and looking beautiful. In addition, your sponsorship may very well boost your company’s image with your employees, shareholders, and customers. There are currently many sections of highway available for sponsorship throughout the state.

Cover: Photo credit to Ken Gallagher, Town Hall of Walpole, NH, November 2019

In addition to helping clean the state’s highways, our goal is to work with New Hampshire’s cities and towns. We are available to assist with litter cleanup on a one-time basis, or on a recurring basis as needed. We provide all the labor, materials, and safety equipment and when finished, we discard all collected litter at a designated site chosen by the city/town. By contracting with our company, cities and towns can focus their efforts on other important projects with the knowledge that we will help keep their cities and towns looking beautiful.

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

manpower is deployed. In some cases, litter cleanup has taken a back seat to other more important projects.

Roadsweep America was founded to help with cleaning our states’ highways, and municipal property, which includes city/town streets, parks, trails, playgrounds, cemeteries and other city/town property.

For more information, or to request a FREE QUOTE please contact: Ron Bowman at 833-762-3797 www.roadsweepamerica.com contact@roadsweepamerica.com

The State of NH currently has a program, whereby businesses can sponsor a section of highway for litter cleanup.

20 Spaulding Ave., Suite C Rochester, NH 03868

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. 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 2023 New Hampshire Municipal Association

New Hampshire Municipal Association BOARD OF DIRECTORS

Candace Bouchard City Councilor, Concord

Shaun MulhollandImmediate Past Chair City Manager, Lebanon

Laura Buono - Chair Town Administrator, Hillsborough

David Caron Town Administrator, Derry

Shelagh Connelly Conservation Commission, Holderness

Phil D’Avanza Planning Board, Goffstown

Stephen Fournier Town Manager, Newmarket

Elizabeth Fox - Vice Chair Asst. City Manager, HR Director, Keene

David Stack Town Manager, Bow

Lisa Drabik - Treasurer Human Resources Director, Manchester

Neil Irvine Town Administrator, New Hampton

Patrick Long Alderman, Manchester

Cheryl Lindner - Secretary Treasury Management Officer, Nashua

Conner MacIver Town Administrator, Barrington

Judie Milner City Manager, Franklin

Jim MaggioreImmediate Past Vice Chair Select Board Member, North Hampton

Dale Girard Mayor, Claremont

April Hibberd Select Board Member, Bethlehem

Jim Michaud Chief Assessor, Hudson

Dennis Shanahan Deputy Mayor, Dover

Holly Larsen

Finance Director/Tax Collector, Berlin

Joanne Haight Select Board Chair, Sandwich

Donna Mombourquette Select Board Chair, New Boston

Jeanie Forrester Select Board Member, Meredith

Joseph R. Devine Assistant Town Manager, Salem

Executive Director NHMA

A Message from the Margaret M.L.Byrnes

Happy New Year! The start of another year means the start of another legislative session; and the start of an oddnumbered year means it’s a state budget year! Although the budget is technically only two pieces of legislation—HB 1 (the budget) and HB 2 (the budget trailer bill)—it is more like dozens of pieces of legislation, since the budget contains scores of initiatives, programs, and proposed new laws. And, through the legislative process, separately filed bills can be added into the budget trailer bill, which means we watch the budget with a sharp eye for more than just dollars and cents.

An odd-numbered year also means a new legislature, and we hope local officials are already communicating with their representatives and senators and inviting them to board and council meetings to talk about municipal issues—and to share NHMA’s 2023-2024 Legislative Policies and Principles, which were adopted by our membership in September and can be found on our website.

To help local officials better engage and follow legislation, NHMA is offering a new benefit to our advocacy services in 2023. Now, in addition to our weekly Legislative Bulletin, members can access NHMA’s new online bill tracking tool, FastDemocracy, for efficient, real-time updates to legislative activity. Local officials can even create their own FastDemocracy account (although you don’t have to) and set up their own email alerts on legislative topics or particular bills. So, if you haven’t already, please go on our website and register to receive the Legislative Bulletin and check out our FastDemocracy bill tracking. Our goal is to get members more involved in the legislative process, even as some legislative efforts work to achieve the opposite.

THANK YOU TO OUR 2022 TOWN & CITY ADVERTISERS

Affinity LED Lighting

Avitar Associates of New England, Inc CMA Engineers, Inc. Community Heart & Soul

Cordell Johnston, Attorney at Law Donahue, Tucker & Ciandella, PLLC

Drummond Woodsum DuBois & King, Inc.

Edmunds Gov Tech Gale Associates, Inc. HealthTrust

HEB Engineers, Inc. Ideal Concrete Block Co. Interware Development Legal Eagle Auctions, LLC

M. E. O’Brien & Sons, inc.

Mitchell Municipal Group, P.A. Municipal Resources, Inc. New Hampshire Housing NH Municipal Bond Bank

NH Public Deposit Investment Pool

Primex

Roadsweep America

Roberts & Greene, PLLC

Sansoucy Associates Underwood Engineers, Inc. Upton & Hatfield, LLP

Vachon Clukay & Company PC

Vision Government Solution

We are also looking forward to another major tech-related upgrade to our website, by implementing a new member management platform in the upcoming year. This system will streamline the way members interact with NHMA and our website by providing account access and membership information through a singular portal, including reports on what services and resources your municipality is accessing; registration for events and workshops; access to educational program materials; a single point of access for updating your local official information and account privileges; and renewing your membership and tracking payments. Our goal here is to improve the manner in which we deliver our services and communicate with you.

From legal advice and legislative updates, to networking with other municipal officials and learning best practices at our workshops, we hope you’ll make NHMA your first stop for assistance and information as you navigate through your municipal duties and responsibilities. Know that NHMA is working for you: with government affairs serving as a voice in the legislature, guided by legislative policies adopted by our members; legal services, assisting you through legal quandaries and providing training, advice, and publications; and our communications staff, working behind the scenes to answer your questions, plan events, and share information with you through the Legislative Bulletin, Town & City, Newslink, and our website. We hope you are as excited for another year of working with us as we are for working with you.

Look out for NHMA’s 2022 Annual Report in the next issue of Town & City.

Warmest regards, Margaret M.L. Byrnes, NHMA Executive Director

HAPPENINGS

City of Portsmouth Earns Awards for Excellence in Financial Reporting

The City of Portsmouth has received Awards of Excellence from the Government Financial Officers Association for the Popular Annual Financial Report (5th year), Annual Comprehensive Financial Report (29th year) and the Budget Presentation. This is the second year in a row that Portsmouth’s Finance Department has won the GFOA Triple Crown for winning all three reporting Excellence Awards and again Portsmouth is the only Triple Crown winner in New Hampshire  and one of just two in New England (the other was Newport RI). The GFOA is a professional organization of public officials united to enhance and promote the professional management of governmental financial resources by identifying, developing and advancing fiscal strategies, policies and practices for the public benefit.

The FY21 Popular Annual Financial Report and Annual Comprehensive Financial Report can be found on the Finance Department’s Documents page: https://www.cityofportsmouth.com/finance/proposedadopted-budgets-and-financial-reports

NHDES Recognizes the Plymouth Village Water and Sewer District

The New Hampshire Department of Environmental Services (NHDES) recently presented the 2022 Asset Management Awards, established to promote, and encourage communities to develop and implement Asset Management Programs (AMPs) to the Plymouth Village Water and Sewer District (PVWSD). AMPs are a holistic approach to managing total infrastructure systems over the life cycle of assets in the most cost-effective way.

In 2019, the NHDES Asset Management Award was established by the NHDES Drinking Water and Groundwater Bureau (DWGB), Wastewater Engineering Bureau (WWEB) and Watershed Management Bureau (WMB). The award recognizes exemplary AMPs within the State. Solicitation of nominees provided exceptional candidates. This year’s award to PVWSD highlights not only AMP implementation but also continued expansion of its program and creating a cultural shift along the way. PVWSD staff also serve as mentors for other utilities.

NHDES recognizes PVWSD for this award in acknowledgement of the work related to development of their AMP and in their willingness to communicate the value of that AMP to the public. PVWSD has embraced the idea and the concepts of turning data into dollars by using its resources and most importantly, its AMP. PVWSD operates a sustainable and resilient water and wastewater utility at a level of service that is acceptable to PVWSD customers by leveraging the most effective asset management techniques and resources available. PVWSD has adopted a road map allowing them to maximize the life expectancy of their assets but also one that identifies a short- and long-term funding strategy to ensure that assets are continuously providing the level of service expected by the stakeholders.

All over the northeast, indus hits the road to make the roads better. Whether you need Fog Seal, Rejuvenator, Crack Seal, Micro Surfacing, Cape Seal, Cold In-place Recycling, or Paver-placed SFDR, we can always help. Call Todd at 603.296.7662. Then keep on the lookout. We’ll be there before you know it.

More than $1 million in Land and Water Conservation Funds Awarded to Communities for Outdoor Recreation Projects

The New Hampshire Division of Parks and Recreation recently announced that seven communities across the state will receive a total of $1,064,931.50 in federal Land and Water Conservation Fund (LWCF) grants to assist with public outdoor recreational projects.

Established by the Land and Water Conservation Fund Act of 1965, the LWCF provides 50/50 matching grants to state and local governments for the development or renovation of recreational support facilities, land acquisition for outdoor recreational areas, or projects that include elements of both development and acquisition.

The fund is a commitment to safeguard natural areas, water resources and cultural heritage, thereby providing recreation opportunities to all.

Projects receiving 2022 Land and Water Conservation Fund grants in New Hampshire are:

- Discovery Park; Town of Goshen; $74,614

- Fernald Park; Town of Farmington; $62,500

- Gregg Lake Beach Park II; Town of Antrim; $165,000

- Gorham Commons II; Town of Gorham; $83,880

- Piermont Community Playground; Piermont School District; $68,000

- Storrs Hill Ski Area II; City of Lebanon; $400,000

- Timberlane Public Track; Timberlane Regional School District; $210,937.50

LWCF is administered at the national level by the U.S. Department of the Interior National Park Service and managed in New Hampshire by the Division of Parks and Recreation, including coordinating grant rounds for project funding and monitoring past project sites for program compliance.

Since 1965, nearly $50 million in LWCF grants have been awarded to New Hampshire cities and towns across all of the state’s ten counties, resulting in almost $100 million invested in public outdoor recreation projects.

New Hampshire Forest Protection Bureau Announces Volunteer Fire Assistance Grants Awarded to 46 Fire Departments

The NH Forest Protection Bureau recently awarded grants totaling $85,795 to local fire departments in forty-six communities across the state to help them purchase items directly related to wildfire suppression.

These items include: personal protective equipment such as fire-resistant clothing, hard hats, headlamps and chainsaw chaps; water tanks for utility terrain vehicles; wildland fire pumps and light weight hose; hand tools, chainsaws and more.

The Forest Protection Bureau works closely with local fire departments for wildfire prevention and suppression throughout the year, including through training programs.

New Hampshire averages 250 wildfires annually with 250 acres impacted. Local fire departments are usually the first responding fire fighters on scene at wildfires.

The Volunteer Fire Assistance Grant funds are provided by the U.S. Forest Service and in New Hampshire are administered by the Forest Protection Bureau. Fire departments in New Hampshire communities with a population of fewer than 10,000 are eligi-

ble to apply. For fiscal year 2023, fire departments were eligible to receive 50/50 matching funds up to $2,499.

For fiscal year 2023, grants were awarded to communities in all ten New Hampshire Counties.

The NH Forest Protection Bureau is part of the Department of Natural and Cultural Resources’ Division of Forests and Lands, which protects and promotes the value provided by trees, forests, and natural communities. For more information about the Division of Forests and Lands and the work of its Forest Protection Bureau, visit nh. gov/nhdfl or call 603-271-2214.

Ethics Resolution Guidance Agreement Update

In June of this year, the New Hampshire Local Welfare Administrators Association’s Executive Board approved the NHLWAA Ethics Resolution Guidance Agreement to improve fair and equitable best practices for municipal local welfare officials regarding permanent and emergency housing placements from a municipality of origin into another.

It would be considered unreasonable for a person, in urgent need, to be diverted to a municipality of origin without a means of transport or without sufficient time to return and expect the urgent need to be resolved. Communicating with the municipality of origin to inform and navigate the situation, including a transition plan (warm handoff) back to the municipality of origin and/ or reimbursements for temporary assistance provided (RSA 165:20-a) is best professional practice and best

humanitarian practice. This overall approach requires agency communication, agency collaboration and continued compassion for people in need.

The resolution promotes increased communication, collaboration and consistent liability expectations be-

tween municipalities. It fosters municipal government support for emergency housing sheltering by minimizing concerns of additional local welfare liability due to emergency relocation.

For a review of the full ethics resolution: https://14ea46.p3cdn1.secureserver.net/ wp-content/uploads/2022/07/NHLWAA-Ethics-Resolution-Agreement-Approved-2022.pdf

P.O. Box 252 Henniker, NH 03242 603-748-4019 cordell@cajohnston.com

Upcoming Events

JANUARY

New Year’s Day (NHMA Offices Closed) Monday, January 2

2023 Town & School Moderators

Workshops – SB2 Town Meetings

9:00 am – 1:30 pm Saturday, January 7 $65 (in-person) and $55 (virtual)

2023 Legislative Preview Webinar

12:00 pm – 1:00 pm Monday, January 9

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.

FEBRUARY

2023 Regional Legislative PreviewSugar Hill

6:00 pm Thursday, February 2 Town Hall, 1411 NH Route 117, Sugar Hill

2023 Town & School Moderators Workshops – Traditional Town Meetings

9:00 am – 1:30 pm Saturday, February 4 $65 (in-person) and $55 (virtual)

2023 Regional Legislative Preview - Lebanon 6:30 pm Thursday, January 12 51 N Park Street, Lebanon

Martin Luther King Jr. Day (NHMA Offices Closed) Monday, January 16

2023 Regional Legislative Preview - Dover 7:00 pm Wednesday, January 18 City Hall, 288 Central Ave., Dover

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm Friday, January 20

10 Steps to Successful Succession Planning Webinar 12:00 pm – 1:00 pm Wednesday, February 8

Right-to-Know Law Hybrid Workshop for Law Enforcement 9:00 am - 12:00 pm Thursday, February 9

PLEASE NOTE NEW LOCATION: Primex3 Offices, Bow Brook Place, 46 Donovan St., Concord, NH $65 (in-person) and $55 (virtual)

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm Friday, February 17

President’s Day (NHMA Offices Closed) Monday, February 20

Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

Recovering from Procedural Errors at Town Meeting

By Jonathan Cowal, Municipal Services Counsel

One of those things that will keep a municipal official or administrator awake at night is the fear of a procedural mistake during the time leading up to, during or immediately after a town meeting. Such a mistake could undo months or even years of work in preparing an important local ordinance, zoning change, collective bargaining agreement or bonded capital project for the voters. If the mistake requires going back to the voters again, there is always a possibility that the result once obtained could be reversed.

With any large project, there are many different local officials who must work together to draft the initial request, and then perform a bewildering array of tasks in order to place the issue in final form before the voters. For example, assume the request is for a municipal bond issue to buy a piece of fire apparatus. This matter would involve the fire department, town administrative staff, the board of selectmen and the official budget committee, as well as the town clerk who prepares a ballot, the supervisors of the checklist who update the voting list, and the moderator who prepares for a written ballot. There will be professional advice from the equipment vendor, town counsel, bond counsel, Department of Revenue Administration, and perhaps the banking institution used by the town. If there has been a capital reserve fund used to save for a portion of the cost, the treasurer will be involved. The local newspaper will have to publish various notices at the right time, and in the correct format.

Not only is every project somewhat unique, but it also seems that every year brings some change in a federal or state statute, administrative rule, accounting standard or tax law that could impact the project. Do not assume that what worked for a similar project in the past will work in every instance. To help officials stay informed of changes, each year the New

Hampshire Municipal Association publishes a municipal calendar to alert municipal officials to the dates for notice and posting that pertain in that particular year, and the Legislative Bulletin and Court Update to highlight changes in applicable law.

Even a team that is well prepared can be set back by an error or situation that is beyond their control. A notice properly delivered to a newspaper well in advance can still fail to make it to publication on the correct day. During the meeting, the citizens can take an action that can’t be legally implemented, or a local official may in good faith give an incorrect opinion on a legal issue or make a procedural mistake. How can these problems be corrected?

Fortunately, in some instances, time does by itself heal all things. RSA 31:126 through 131 creates a “presumption of procedural validity.” For all forms of municipal legislation, whether it be a police power ordinance, zoning ordinance, or warrant article vote at town meeting, once five years have passed from the time of enactment, the legislation is conclusively presumed to have been validly enacted. No challenge to the enactment based on a procedural defect can be asserted after that time, although the ordinance may still be challenged for other reasons, such as its constitutionality. This is important to know at the research stage, because it means that officials currently in office may rely on the validity of past enactments, which often provide a basis for current projects.

Five years can be a long time to wait and worry that a challenge might be made, especially if the enactment in question requires local officials to take some action in reliance upon the enactment. For example, if the enactment changes the method of choosing a local official, such as requiring the election of zoning board of adjustment members who

were previously appointed or changes the amount of a property tax exemption for the elderly, these are items that must be implemented within the next cycle of elections or collection of the property tax. In these cases, municipalities are supervised by state agencies that have statutory powers to oversee these local activities and direct local officials to take action. The secretary of state will direct local officials on questions relating to elections and ballots, and the Department of Revenue Administration will supervise the implementation of property tax exemptions. In issues such as these, local officials will not face the procedural dilemmas alone, and state officials may counsel local officials to proceed with their duties as set forth in the questionable enactment on the theory that a municipal enactment is presumed to be valid until it has been challenged.

Local and state officials are willing

to proceed in these cases because the courts have not always required technical perfection in the enactment of municipal ordinances in instances where challenges to these enactments have been litigated. As Attorney Peter Loughlin explains in his treatise, Land Use Planning and Zoning, the New Hampshire Supreme Court has adopted the “substantial compliance doctrine,” which holds that minor deviations from the procedure required by an enabling statute will not invalidate an enactment if there was “substantial compliance” with that legislation. There are limits to this rule. If the defect serves to deprive the voters of meaningful notice of a proposed enactment or meaningful opportunity to be heard in debate, the enactment will be declared invalid. Each situation must be evaluated upon its own facts, but in general, if the defect is minor and technical, the enactment will probably survive. However, if

the defect is such that the voters did not know they would be considering the issue due to lack of notice, or if required public hearings were never held, the ordinance will probably be invalidated.

The notion of “probably will survive” still means that there is substantial risk of challenge if a defect is found, so the state legislature has provided other pro-

cedures to permit defects to be cured and enactments validated. Because municipalities in New Hampshire have only such powers as are granted to them by the legislature, the legislature has the power to correct or “legalize” certain types of defects arising out of a town meeting. There are limits to this power, both legal and practical.

The legal limits arise when a procedure has been so deficient that constitutional requirements of due process, including adequate notice and the opportunity to be heard, are not met. Thus, even the legislature cannot validate a zoning enactment that was not properly noticed to the voters. Calawa v. Litchfield, 112 N.H. 263 (1972). The practical limits arise from the legislative process itself. Even though the legislature meets in annual sessions, it has a great deal of other work to do, and these “special acts” filed to cure a local procedural defect may not be dealt with quickly in the legislative process. There is always the risk that either the House or the Senate will refuse to pass the bill, or the governor will refuse to sign the legislation.

In order to avoid requests for validation bills, the legislature has enabled municipalities to correct minor procedural defects themselves by calling a special town meeting to ratify their action pursuant to RSA 31:5-b. RSA 40:16 makes it clear that this procedure applies to SB2 municipalities as well. The authority is limited to correcting “minor procedural irregularities,” which specifically include failure to comply with statutory requirements regarding time or place of notice, vote, hearing or wording, or with any procedural act not contrary to the spirit or intent of the law. Presumably, this authority would be used most often in the first year after the enactment, since that is when the defects are usually

detected, and the risk of challenge is greatest. Theoretically, it could be used in years two through four after enactment if that is when the problem is detected, but after the fifth anniversary of the enactment, a procedural challenge is barred by RSA 31:126 and the need to validate the enactment disappears.

If the enactment in question does not result in the appropriation of money, then it is clear that the selectmen can call a special town meeting for the purpose of ratifying the action using the procedure found in RSA 31:5-b. If an appropriation was involved, then the issue arises whether the meeting is a special meeting for the purpose of appropriating money, which would require the prior approval of the superior court under RSA 31:5. There is no reported decision on this point, although in the case of Bedford Chapter–Citizens for a Sound Economy v. SAU #25, Bedford School District, 151 N.H. 612 (2004), the New Hampshire Supreme Court made it clear that an article at a special school district meeting that had the effect of raising and appropriating money would be treated as a request for an appropriation, even if such words were not contained in the article.

The language of RSA 31:5-b suggests that the procedure can be used to validate a minor procedural defect, even on an article involving an appropriation. However, as there is no clear case law to serve as a guide, NHMA suggests that you proceed with caution in such a situation. If you have the type of defect that is expressly covered in the language of RSA 31:5-b, the argument that superior court approval is not required is quite strong. As you move to other types of defects, especially defects in notice to the voters, the argument becomes considerably weaker. We suggest that you review the situation with town counsel, and if a bond is involved, then with bond counsel as well.

If there is a major problem with notice to the voters, or other constitutionally based requirement, a special town meeting called under RSA 31:5-b will not serve to overcome the defect. If the issue can wait until the next annual town meeting, the best solution may be to regard the matter as a lesson learned, and wait to place the matter before the voters at the next meeting using the correct and required procedure.

There are times when waiting is not an option. Examples include: a significant land use project may be proceeding in reliance upon a change in a zoning ordinance that could be invalidated; a capital project has commenced, and the defect is found after contracts are signed and work is underway; a piece of equipment has been ordered and received, and now payment must be made; or an article has passed, officials have acted in reliance upon it, and the Department of Revenue Administration has now invalidated the article.

As noted previously, the selectmen have the authority to call a special town meeting to deal with any issue that does not involve an appropriation at any time during the year up to 60 days prior to the date of the next annual meeting. If an appropriation is required, the matter becomes more complex. Pursuant to RSA 31:5, the burden is placed upon the selectmen to petition the superior court and document that an emergency exists of sufficient importance to warrant the call of a special town meeting. Part of that proof is evidence that the situation was not foreseeable or avoidable. Notice must be provided to the Department of Revenue Administration, and copies of the petition for a special town meeting must be posted locally and published in a newspaper.

If the petition to hold the meeting is granted, there remain many steps to successfully calling and holding the

ERRORS from page 11

special meeting. Peter Loughlin has provided a timetable and checklist of these items at Local Government Law, 13 New Hampshire Practice: Local Government Law, section 230. As he notes, it can take five to seven weeks to complete the steps and hold the meeting. The procedure involves the superior court, and virtually every elected official in the town, and involves a fair amount of work and expense to the town.

It should be clear that local officials do not want to get to the point of petitioning for a special meeting in the absence of a true emergency or a truly unexpected circumstance. Therefore, we will close as we began, with a suggestion of careful research well in advance of presenting an issue to the voters, all in the hope that a good night’s sleep may be restored to the local official.

Original article, written by Paul Sanderson, first appeared in the March 2006 issue of New Hampshire Town and City. This article has been revised and updated by Jonathan Cowal and Stephen Buckley with the New Hampshire Municipal Association. They may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

Is Your Community Talking about Housing?

By Sarah Wrightsman, Community Engagement Coordinator, NH Housing

Across the state, folks are talking about the impact of New Hampshire’s housing crisis. Renters are struggling to compete for the small number of available units, prospective homebuyers are being priced out of the market, young people are unable to put down roots, older residents are stuck in too-large homes, and employers are challenged to recruit and retain a qualified workforce. The effects of the housing market touch all of us.

A Very Low Inventory of Rental and For-sale Homes

According to New Hampshire Housing’s 2022 Residential Rental Cost Survey, the median gross rent in New Hampshire for 2-bedroom unit is $1,584 per month. That is a 25.8% increase over the past five years. With a vacancy rate of 0.3%, even if you can afford the median rent of a 2-bedroom unit, it will be a challenge to find one available. (A vacancy rate of 5% is considered a balanced market for tenants and landlords.)

Supply has not kept up with demand. New Hampshire faces a shortage of many thousands of homes needed to balance current supply with demand, and we’ll need many thousands more to accommodate future population growth.

On the for-sale side, prices continue to rise due to the lack of inventory and high demand. Looking at the market between January and September 2022, the median purchase prices for all homes was $400,000 and for new homes, it was about $615,000, according to data from The Warren Group, filtered and analyzed by New Hampshire Housing.

Seeking Solutions

New Hampshire communities are talking about what they can do to address the lack of housing available to Granite Staters. Many communities are examining their land use regulations. Overly restrictive zoning and other land use regulations adopted over the past 30 years have contributed to the housing shortage. At the local level, zoning can be a powerful tool to leverage land use to ensure housing is affordable and available for state’s workforce and others that

contribute to vibrant, thriving communities.

Grants to Help Municipalities Expand Housing Opportunities

Housing Opportunity Planning (HOP) Grants are available to municipalities to hire consultants to work toward regulatory change. As part of Governor Sununu’s $100 million InvestNH initiative, $5 million was allocated to a grant program to analyze and update land use regulations to help increase housing development opportunities. The NH Department of Business and Economic Affairs contracted with New Hampshire Housing to administer this program.

Cities and towns can use these grants to study barriers to housing affordability in their zoning ordinances and other land use regulations, identify potential changes to regulations, and/or establish or update regulations in response to those findings.

HOP grant opportunities are available as follows:

Phase One: Needs Analysis and Planning Grants may be used to examine and understand housing, income, and demographic data, including housing market costs, housing units needed to meet future expected growth in a municipality and the region, and the affordability of a municipality’s housing for all income ranges. These needs analyses should be complementary to the regional planning commission’s regional housing needs assessment. Phase one grants may also be used to revise or create sections of the master plan that are related to housing.

Communities may apply for up to $25,000 for this phase. Applications will be accepted and awarded on a rolling basis until January 27, 2023 or when funds are exhausted, whichever occurs first. Awards will typically be made within 30 days of submission of a completed application.

Phase Two: Regulatory Audit Grants may be used to audit the municipality’s land use regulations and make recommendations for changes to promote housing development. Regulations to be evaluated may include, but are not limited to, zoning, subdivision regulations, site plan regulations, any provisions adopted under RSA 674:21 that are related to or impact housing development, local building codes, and local tax incentives, including RSA 79-E.

The audits may be structured to do any of the following tasks (these tasks are intended to be illustrative, not exclusive):

• Identify barriers to housing development that may exist in standards or processes;

• Identify outdated regulatory schemes;

• Specify changes to existing regulations;

• Identify opportunities for new regulations;

• Cross-reference different regulations to ensure that they are not in conflict.

Communities may apply for up to $50,000 for this phase. Applications will be accepted and awarded on a rolling basis until June 30, 2023 or when funds are exhausted, whichever occurs first. Awards will typically be made within 30 days of submissions of a completed application.

Phase Three: Regulatory Development Grants may be used to create new regulations or revise existing regulations with the stated primary goal of increasing the supply of housing in the community.

Communities may apply for up to $100,000 for this phase. Applications will be

accepted and awarded on a rolling basis until November 15, 2023 or when funds are exhausted, whichever occurs first. Awards will typically be made within 30 days of submissions of a completed application.

Municipalities may hire consultants using a competitive process or they may choose a consultant from a list of pre-qualified consultants, which will include their regional planning commission. This list can be found at www.NHHOPgrants.org

Because each community is different and may be at different places in their housing conversations, municipalities may apply for whichever stage is best suited to their needs. Municipalities may also apply for more than phase at a time; for example, conducting the needs analysis and planning and regulatory audit phases simultaneously before moving on to regulatory development. Prior to applying, municipalities are invited to share their ideas with the Steering Committee by sending a concept paper or idea to info@NHHOPgrants.org.

Housing Academy

Community engagement is a critical component of this work, and participation in Housing Academy is a key benefit of this grant program. Developed by UNH Cooperative Exten-

sion, Housing Academy will provide education and community engagement training to all recipients of HOP grant funding. The program will support grantees as they develop their community engagement strategies.

In addition, grantees are encouraged to recruit up to three volunteers from the community to participant in Housing Academy, further broadening the municipality’s capacity to engage the community. Awardees are invited to provide community volunteers with a stipend for their participation.

Housing Academy will include webinars and online materials, in-person gatherings at New Hampshire Housing’s office in Bedford and placebased training in various communities around the state. Community engagement techniques and tools will be taught so participants can develop and implement an engagement plan in their city or town. There will be opportunities for communities to share best practices and challenges and to learn from each other.

More information about Housing Academy, including key dates for the program, can be found at NHHOPGrants.org/housing-academy.

How Do We Talk About Housing?

A key first step to solving the housing crisis is conversation. Many communities struggle with how to bring their community together to have a meaningful and engaging conversation about housing. To support communities as they work through these challenges, New Hampshire Housing produced How Do We Talk About Housing: A Guide to Community Engagement

and Grassroots Advocacy. This guide outlines a bottom-up, nine-step process accessible to anyone interested in facilitating a movement toward more inclusionary zoning practices in their community. The process begins with building relationships through conversation.

Recognizing housing commissions, committees, and task forces as a valuable vehicle for these community conversations, New Hampshire Housing has updated its Housing Commissions in New Hampshire: A Guide for Municipalities. It offers guidance to localities interested in harnessing the power of engaged citizen volunteers in conversations about housing.

Both of these resources are available online at NHHousing.org/publications. Many more resources like these will be available through Housing Academy, which will equip communities with the tools needed to tackle the housing crisis at the local level.

Conclusion

Municipalities interested in applying for a HOP grant are encouraged to reach out to the steering committee to discuss their idea prior to submitting. Visit www.NHHOPgrants.org for more information and to apply. The steering committee can be reached at info@NHHOPgrants.org.

For municipalities that aren’t quite ready to apply for a HOP grant, New Hampshire Housing has mini grants

available to support housing education and advocacy efforts of local government. These grants can be used for technical assistance to explore housing-friendly land use regulations and may also be used to research the feasibility of starting a local or regional housing advocacy initiative. Find out more about New Hampshire Housing’s other grant programs at NHHousing.org/grant-opportunities

Communities that are engaged in discussions about housing at the local level are also encouraged to talk with their regional planning commission or regional housing coalition. Regional housing coalitions that serve various communities around the state include the Workforce Housing Coalition of the Greater Seacoast, the Mount Washington Valley Housing Coalition, and Vital Communities, which serves the Upper Valley. For information about groups working on housingrelated issues around the state, go to NHHousing.org/housing-partners.

The housing shortage is a complex issue with many different solutions that should be tailored to the community’s needs. With the help of HOP grants, community leaders can begin to work to address the housing shortage by engaging with their citizens to determine the best outcome in their city or town. Solving the housing crisis ensures that our children will raise their children here, our businesses will flourish, and our communities will remain vibrant with attractive housing and new neighbors that will help to carry on New Hampshire traditions.

Sarah Wrightsman is the Community Engagement Coordinator with New Hampshire Housing. She may be reach by phone at 603.310.9345 or via email at swrightsman@nhhfa.org

Ten Steps to Successful Succession Planning

By Ray Gordon, WWTF Administrator for the Winnipesaukee River Basin Program

Exploring the Succession Planning Process

Planning for the future is never high on anyone’s list and oftentimes it’s why we get caught in a bind. It’s always easier to delay this discussion. But in our business, succession planning is essential to ensure the continued operation of our wastewater treatment facilities.

Succession planning is a strategy used to pass leadership roles down to another employee or group of employees. This strategy involves identifying potential successors for key critical roles and making sure they are prepared for the job ahead. The most common question is “How to get started?”, but the most important question is, “When to get started?”, and the best answer to that is “Now”. This article will tell you how to get the process started.

1 – Make a Plan

Take a look at your organization chart. If you operate a small facility, it may be easy with just a few positions, but for larger facilities it may involve multiple functional units. Start by identifying and examining the key roles in your team and answering these three questions:

• What’s the day-to-day impact of each position?

• What duties are mission critical?

• If the person currently in a position is unavailable or leaves your plant, how would that affect your operations?

The goal of succession planning is to build a stronger, more stable organization. This would mean that your organization can ensure continuity of operations if important people move on to new opportunities, retire, or win the lottery!

2 – Identify Back Up

Once you understand how the departure of certain employees might hamper your operations, you will need to identify team members who could potentially step into those positions. Ask yourself some more questions:

• If you hire from inside for a particular position, which employee would be the strongest candidate to fill this role?

• Does this candidate have the proper certifications, such as the proper grade wastewater or collection system certifications?

• Would the candidates need training? If so, what type?

If you are fortunate, you may find that you work in an organization that is structured in a way that the obvious successor may be the person who is subordinate to each of the positions under consideration. However, do not overlook other promising employees who may excel at the skills that would be required for a particular job. Look for staff who would thrive in another role, regardless of where they may be on the organization chart.

3 – Talk to All Your Employees

It is important that you never assume you know each employee’s career goals as it will be really disappointing to find out at an inopportune moment that an employee you have planned for a move is simply “not interested”. It is best to start with a simple meeting with each employee about how they view their professional future before making any

of your succession choices. These interviews can help you see the goals of each individual and can further help you narrow in on potential staff members who would make a good backup for critical duties.

Once you identify your key staff members, meet with them again and explain why they are an ideal candidate for positions of increasing importance, how they can learn to perform critical duties and how this will help them continue their professional growth.

4 – Don’t Promise Anything

Since most of us work in publicly owned facilities, we know that funding and budget priorities can change dramatically. You should start each employee discussion with an understanding that there are no guarantees and that situations can change due to many circumstances. Some of these changes are out of your control. Issues can arise with the candidate or other factors in the organization, like a new superintendent, sewer commissioner, DPW director, union contract changes, budget cuts or other external factors.

Staff need to know this development will help them in the long run even if they decide to work at your organization or elsewhere. Therefore, it is in their best interest to work with you and build their own personal development plan!

5 – Professional Development Plan

Next, talk to them about what steps they will need to take to prepare themselves. If you are fortunate, the candidate or your organization may have already begun educating and preparing candidates. If not, you (along with any section heads or immediate supervisors) will need to get working on a Professional Development Plan for each employee.

Professional development can take many forms! We could write a whole article about this topic. In brief, you need to identify the knowledge, skills and abilities needed for a given position and then set about creating opportunities for the employee to gain those skills. Opportunities can include classes, on-the-job training, job rotations, schooling and/or earning certifications. Another overlooked method is connecting them with a mentor who can boost their abilities in the critical areas, especially in the soft skills. Those in key leadership positions must have strong communication skills and polished interpersonal abilities, such as diplomacy and empathy.

After the Professional Development Plan has been in place for a while and the employee has gained some new skills, you need to look for an opportunity to test them on what they have learned.

6 – Take a Vacation

This is the fun part! Do not wait until there’s a staffing crisis to test your employees. The best way to see if a candidate has the right stuff to assume a more advanced role is for someone to take a vacation. During this vacation, allow the potential successor to assume some responsibilities of the manager who’s taking the vacation. This will allow the employee to gain valuable experience. The employee will also appreciate the opportunity to grow and test their gained knowledge.

Another great way to test your employees is to set them up with a job rotation. Staff may enjoy the freshness and novelty of a new assignment. They will also develop new skills and be able to network with new people. Most employees who participate in a job rotation enjoy a reduction in monotony and this can improve job satisfaction. At the same time, managers will be able to see how employee skills are developing and who may be the best fit for future promotions.

7 – Return and Re-examine

After the vacation you can meet in person with the returning manager and the employee to go over the experience. This may help identify how to update and improve the professional development plan. Don’t expect them to “get it” the first time. Letting them

fail at tasks will better prepare them than your “saving” them every time. Failure can actually be a great learning tool. It’s important not to assign blame and to take note of suggestions the employee may have to avoid future failures. This builds rapport with employees as pitfalls are identified and solutions are crafted.

Steps five, six and seven can be repeated until the candidate is fully prepared to assume all potential future duties.

8 – Fine Tune Your Hiring Process

Once you have identified all your potential successors for key critical roles

you will have to see where gaps in necessary talent will occur. Identifying your potential gaps can help you target which skills, knowledge and abilities you will need to acquire via hiring or to develop in existing staff members. To fill these identified gaps you may need to add duties to SJD’s, consider reorganizing how your units work, reclassify any positions that are lacking and even add additional positions that your plan needs.

9 – Don’t Forget Yourself

Your number one job as a manager is to make sure you have properly trained your successor! Even if you are years away from retirement, things can happen, you might win Megabucks, be offered your dream job at a wastewater facility in Hawaii, or receive a promotion in your current organization.

10 – Stick with Your Plan

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and anticipate changes to your plan to avoid this situation. Constant communication can help manage the expectations of your employees.

With succession planning, you may not be able to avoid the risk of losing key staff members to a better opportunity. Employees recognize that you make their personal development a priority they will be more likely to stay. You also will be building a more robust team, improving morale, building essential skill and letting employees know they are valued.

You will find that changes in your team’s lineup are inevitable. You may not always be able to predict a valued employee’s departure, but through effective succession planning, you can make life simpler for those who carry on the mission of providing Clean Water.

Implementing these ten simple steps of succession planning in your organization will help you better plan for the future. Oddly enough, Covid-19 has brought the need to have emergency succession planning more sharply into focus than ever before, so don’t wait for the next disaster to prepare, start NOW.

While your staff members aren’t fixed assets — they are your most important asset! Invest in them and they will take care of your physical assets no matter what comes along.

We want to be part of your team. For personal attention contact: Robert L. Vachon, CPA

We want to be part of your team. For personal attention contact: Jarad Vartanian, CPA

608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

Transitions happen for all types of reasons and can ultimately have a positive impact on an organization. Back in Step Four, we cautioned our employees that there are no guarantees and that situations can change. Regardless, it is to the benefit of the organization to stick with your plan. Even with the “no promises speech” employees will have expectations. Organizations who fail to follow their plan can create bad feelings with staff members. For example, hiring manager from outside the organization could cause key people who were expecting a promotion to leave and may lower the morale of those who remain.

To avoid this, keep working on your plan, be honest, let staff know upfront that sometimes situations in an organization could result is seeking new perspectives. But as much as possible it is best to continue the teamwork

Ray Gordon is the WWTF Administrator for the Winnipesauke River Basin Program (WRBP). The WRBP is a state-owned and operated sewer system and wastewater facility serving ten communities in the lakes region of New Hampshire. Ray may be reached by phone at 603.934.9936 or via email at raymond.t.gordon@des.nh.gov.

TEN STEPS from page 19

We have all the tools to meet your needs.

Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including:

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We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients.

Learn more about what our municipal group can do for you: dwmlaw.com | 800.727.1941

Legislative Update: We’re Off to the Races

By Natch Greyes, Governmental Affairs Counsel

November 9th started the busy season for us at NHMA. The second bill filing period opened, and we spent the holiday season talking to legislators about bills that they had filed and bills that they thought that they wanted to file. We know that our educational efforts made a difference in helping legislators understand the implications of different policy options, and we are grateful that so many legislators took to the time to speak with us.

Now, we hope, they are taking the time to speak with you –our members. And, we’re working to facilitate that effort. In January, we’ll be visiting different regions of the state, presenting to crowds of local officials and legislators about the bills that we think will matter this session, and hearing from our local officials and legislators what they care about this session. This is a new effort for us, and we hope that it will help build stronger ties between local officials and legislators and lead to greater coordination in solving problems both at the local level and in Concord.

The session is shaping up to be a good one. There’s only one bill that we really want to kill – relative to requiring towns and school districts use warrant articles for lobbying agents – which is going to clutter up warrants across the state. And, there are quite a few good bills that have been filed. To name a few:

• relative to payment by the state of a portion of retirement system contributions of political subdivision employers – restoring a portion of the state’s share of employer costs for police, teachers, and firefighters in NHRS.

• relative to religious use of land and structures – protecting religious practice while also clarifying the law in a manner that removes ambiguity from its drafting.

• relative to public notice requirements for zoning board of adjustment hearings – allowing ZBA hearings to be noticed online instead of in a newspaper.

• relative to town council-town manager form of local government – clarifying that towns that have adopted RSA 49-D have the same powers and authority of municipalities that have adopted RSA 49-C.

Many of those good bills are NHMA policy bills – bills that you told us to fight for during our legislative policy setting process for the 2023-2024 legislative session. We’re eager to do whatever we can to get those across the finish line, and we are incredibly grateful to all of you who have already volunteered to come to Concord and testify.

To help all of us, we’re also rolling out use of a new software platform called FastDemocracy. It’s a bill table and a lot more. Anyone visiting our government affairs page on our website will be able to see what bills we’re tracking, our position on them, and what’s happening in Concord on everyone of our tracked bills. Even better? They can subscribe for email updates – daily or weekly (published Fridays) – to our entire tracked bill list or a subcategory or, even, an individual bill. The software updates every four-minutes, and our experiences is that we’re getting information faster than it is publicly available on the legislature’s website. If all goes well, there will be no need for anyone interested in municipally targeted legislation to visit any website other than NHMA’s.

We will be continuing publication of the bulletin this year, but it’ll be slimmed down to one-or-two articles, optimized to provide an in-depth look at biggest issues of the week. Smaller news will be pushed out on FastDemocracy, which gives us the ability to include a brief note about every bill that we follow. Visitors to our online bill table will see that information instantly while email subscribers will get that information when the legislature is scheduled to or does take action on a particular bill.

Our hope is that this new approach will enable our members to get information about what’s happening in Concord faster and enable them to take action sooner by providing you with a more comprehensive view of what’s happening

than we’ve ever been able to provide previously. Even though these big changes are occurring, we’re also still relying on the tried-and-true methods that we’ve used since the inception of NHMA in 1941. There’s no digital substitute for an in-person conversation, and that’s why we’re still going to be calling for you to come to Concord and testify and why we’re working hard to facilitate better connections between you and your legislators.

We recognize that this session is going to be a bit of an experiment, and not

just for us. The House has never been so closely tied, and we’re expecting to see some surprises over the course of the session. We know that means that we’re going to have to put a lot more effort into grassroots organizing over the next two years than we’ve ever had to previously because each and every one of those 400 representatives has a greater ability to sway legislation than ever before.

In advance of this session, I want to thank you all for the hard work that you are about to put into ensuring that

municipalities see good outcomes at the legislature. We at the government affairs team look forward to seeing many of you in person soon and talking to a great many more of you on the phone.

Natch Greyes is the Government Affairs Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at governmentaffairs@nhmunicipal.org. We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.

Annual Conference Highlights Annual Conference Highlights

Town of Northfield Town Administrator, Ken Robichaud, Receives NHMA’s Russ Marcoux Municipal Advocate of the Year Award

Each year, the Russ Marcoux Municipal Advocate of the Year award is given by NHMA staff to a municipal member based on their interactions with officials during the legislative session. NHMA established this award in 2011 to recognize an elected or appointed local official for his or her non-partisan contributions toward the advancement of NHMA’s legislative policy goals and for the advocacy of municipal interests generally.

In 2011, NHMA staff selected Russ Marcoux, Town Manager in Bedford, as the first-ever recipient of the Municipal Advocate of the Year award because Russ did all the things NHMA wants members to do in support of its legislative policy and to enhance the success of its legislative agenda. Russ passed away just days before the 2011 Annual Conference and he never knew NHMA had created such an award or that he had been selected the first recipient. In his honor, the award was renamed the Russ Marcoux Municipal Advocate of the Year award.

At its annual conference last week in Manchester, NHMA recognized Ken Robichaud, Town Administrator in the Town of Northfield, with its 2022 Russ Marcoux Municipal Advocate of the Year award.

In his presentation remarks, NHMA Government Affairs Counsel Natch Greyes recognized Robichaud for always being there for NHMA. Greyes noted that NHMA “is very fortunate to have a great network of members who work closely with our Government Affairs team which brought us legislative success last session.” But there is usually one or two members who go “above and beyond” this call of service to help out the team in many different ways. Whenever Greyes would call Robichaud to help, Ken would always go “above and beyond” in his efforts. “Of course I’ll help, said Robichaud, “Let me call the committee chair now and count me in to testify on the bill. And I know of someone else who should also testify on this bill and I will make sure he is there to testify with me.” Whether testimony at a legislative hearing, a phone call to his legislator(s), or help during the committee of conference process, Ken was always there for NHMA,” said Greyes.

Congratulations, Ken, for your well-deserved recognition and for all your hard work during the most recent legislative session.

Past recipients of this recognition are:

2011 Russell R. Marcoux, Town Manager, Town of Bedford

2012 James Michaud, Assessor, Town of Hudson

2013 Don MacIsaac, Selectman, Town of Jaffrey

2014 Julia N. Griffin, Town Manager, Town of Hanover

2015 Shaun Mulholland, Town Administrator, Town of Allenstown

2016 Portsmouth City Council, City of Portsmouth

2017 Bill Herman, Town Administrator, Town of Auburn

2018 Mark A. Bender, Town Administrator, Town of Milford

2019 Christopher Boldt, Selectman, Town of Sandwich

2020 No award given

2021 Mayors of New Hampshire’s 13 Cities

(Northfield’s Town Administrator, Ken Robichaud, accepts the 2022 Russ Marcoux award from NHMA’s Executive Director, Margaret Byrnes (right) and Government Affairs Counsel, Natch Greyes (left).

“All Work” Maury Collins Recognized for his Volunteer Service to the Town of Nelson

By Gary Robinson

Should you be traveling along the backroads in Nelson, Hancock or Peterborough where pastures and hayfields abound and see an august gentleman astride a bizarre looking tractor, stop to say hello.

Maury Collins, inventor and owner of his “WORKALL TRACTOR” always welcomes inquiries, be it about his unique multi-purpose invention, the ups and downs of the weather, directions to local events or just to talk.

Maurice Collins, better known as Maury, raised on a farm in rural New Jersey by Quaker parents is one of those individuals that contribute, by their purity of character, to that enduring culture called “Yankee.” He dresses the part in thrice mended overalls, boots heavily grimed with soil and a crumbled hat of the season. He mows meadows and pasture, cuts, splits and burns ash, oak and maple and raises blueberries on his farm in Nelson, offers help to neighbors and asks little in return.

The “rustic” Maury has also other qualities that magnify his character and mark his value to the town of Nelson and the region.

Maury leads a generous life of service; service as a selectman for nine years and Welfare Officer in Nelson, current service as a volunteer for Cheshire Village at Home Program in Keene and earlier with Genesis Health Care as a Certified Nurses Assistant also in Keene.

Maury taught high school Special Ed. students for 15 years in Keene and coached the varsity track and cross-country team there at the departure of longtime coach Clarence

DeMar. At Crotched Mountain Healthcare he generously assisted in the delivery of goods and services to patients there.

In Nelson, Maury was the Old Home Day Chairperson in the 70s and ran and won the Nelson Marathon five times. He coordinates special events in Nelson, including the annual Coffeehouse Sing and other musical presentations.

Maury makes it a point to attend every Nelson Town event including Old Home Day, the Old Library functions, the Nelson Congregational Church Ice Cream socials and the Library Lecture series. As a member of the Nelson Trails Group, he puts his woodsman’s knowledge to work helping to build and maintain trails.

As a selectman, Maury drew upon his Quaker upbringing to make decisions based upon thoughtful and quiet consideration to the benefit of the town. He advocated for the purchase and development of a sand and gravel pit to supply the road department with materials for generations to come. He assisted in promoting and overseeing the installation of two solar arrays to serve the town. Maury also reached out to the Keene High School woodworking department to design, construct and deliver a much-needed sexton’s work and storage shed.

The multipurpose “WORKALL” tractor that Maury designed and puts to good work reflects his role in life: restoring ragged pastures as well as tending to folks in need. He doesn’t stop. Thank you, Maury.

Gary Robinson is the Deputy Health Officer in Nelson and a strong admirer of Maury Collins.

Maury Collins of Nelson

Roadsweep America “Cleaning America’s Highways, Cities and Towns.”

My name is Jerry Bowman, founder of Roadsweep America, a NH based litter cleanup company based out of Rochester, NH. My goal is to help make New Hampshire a cleaner and safer state in which to live, work and visit. For many years now, I have personally devoted my time in cleaning up litter on a sponsored section of Rte. 125 in Rochester, NH.

In many commutes across NH, I often see litter lining far too many roadways, city streets, parks, and trails. Our current methods of litter cleanup could use some help, which is why I started Roadsweep America. Like many businesses in today’s economy, both state and city/town municipal departments are facing labor shortages, which often leads to prioritizing how manpower is deployed. In some cases, litter cleanup has taken a back seat to other more important projects.

Roadsweep America was founded to help with cleaning our states’ highways, and municipal property, which includes city/town streets, parks, trails, playgrounds, cemeteries, and other city/town property.

The State of NH currently has a program, whereby businesses can sponsor a section of highway for litter cleanup.

On the state’s limited access highways, businesses must use the services of an approved maintenance provider for the actual cleanup. I’m please d to announce that Roadsweep America has been approved by the State of NH, to perform litter cleanup on its limited access highways and secondary highways. Businesses who wish to sponsor a section of highway can now select Roadsweep America. Once the sponsor’s application has been approved by the state, Roadsweep America will then install a sign, along the approved section of highway, displaying the business sponsor’s name and logo. By sponsoring a section of our state’s highways, your company can make a difference in helping to keep our highways litter free and looking beautiful. In addition, your sponsorship may very well boost your company’s image with your employees, shareholders, and customers. There are currently many sections of highway available for sponsorship throughout the state.

In addition to helping clean the state’s highways, our goal is to work with New Hampshire’s cities and towns. We are available to assist with litter cleanup on a one-time basis, or on a recurring basis as needed. We provide all the labor, materials, and safety equipment, and when finished, we discard all collected litter at a designated site chosen by the city/town. By contracting with our company, cities and towns can focus their efforts on other important projects, with the knowledge that we will help keep their cities and towns looking beautiful.

For more information, or to request a FREE QUOTE, please contact: Ron Bowman at 833-762-3797 www.roadsweepamerica.com contact@roadsweepamerica.com

20 Spaulding Ave., Suite C Rochester, NH 03868

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine?

If so, please contact the New Hampshire Municipal Association at 603.224-7447 or tfortier@nhmunicipal.org.

UP CLOSE & PERSONAL On the Board

Welcome to Up Close and Personal is designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of our newest board members, Donna Mombourquette, Select Board Chair in the Town of New Boston. Donna was elected this November to serve on NHMA’s board of directors.

TC: How has NHMA helped you to do your job?

DM: I first became familiar with the NHMA while serving as a State Representative on the Municipal & County Government Committee. The staff of NHMA who testified before the committee were so well informed and helpful to the members while sorting out the benefits or dangers of proposed legislation affecting municipalities. The relationships formed then have greatly assisted in my transition to the role of Select Board member. NHMA is always available to assist with answering questions or directing to an appropriate source.

TC: Do you dislike any aspects of your job? Which ones? Why?

DM: The most difficult aspect of the job is addressing the issues of a small group of citizens who distrust government, in general, especially during budget development. Being transparent in decisions and building trust is a significant task of the Select Board along with assuring the citizens that the values of our community, as a whole, are represented in our budgets. Although a difficult aspect of the job, I would believe it is not unusual in municipal government to require the balancing of competing priorities of citizens.

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty?

DM: Our town lacked comprehensive procedures for the Select Board and during my first year on the Board, I researched other towns and their guidelines. Of particular interest to me was the handling of Board members who acted unprofessionally toward staff, at times. It took a year to get the policies passed but were in place when I became the Chair of the Select Board.

TC: What is your biggest challenge in performing your duties?

DM: The most challenging aspect during my tenure as Chair has been to transition the Select Board meetings to business meetings vs. a public forum. Resistance came in the form of nasty Face Book posts, negative comments from people used to having a soap box to air their grievances, and periodic disruptions from a small number of people. But we knew we stood on solid ground to do so with the help of the NHMA legal team. As a result, Select Board meetings are now concise while addressing the important business of the town. We continue to welcome public comment (not dialogue) that is relative to the agenda and to direct people to the Town Administrator for questions to be answered in a timely manner or to formally request an appearance before the Board for in-depth discussion of an issue.

TC: What advice would you give someone who would like to follow in your footsteps into this job?

DM: I would encourage people to get involved with municipal government leadership or at any level. While it can be challenging depending on your community dynamics, knowing you are part of creating solutions to community challenges, helping citizens with concerns, and assuring that your municipality operates in an effective and efficient manner is a very rewarding experience. .

Donna Mombourquette

The HR REPORT

NHMA Employment Law Hotline: Question and Answer Series: Maternity Leave

By Anna B. Cole, Drummond Woodsum

Drummond Woodsum partners with the New Hampshire Municipal Association to provide a free Employment Law Hotline service, which provides general employment law advice to NHMA members. We receive a number of recurring inquiries through the hotline. The Q&A below is part of a running series in which we highlight frequently asked questions.

Question:

The Town hired an employee five (5) months ago who is now asking for time off due to pregnancy. The Town policy states that an employee has to work for the Town for 12 months to qualify for FMLA. Does that mean that this employee has no access to protected leave after they exhaust their limited sick leave accrual?

Answer:

While this employee likely does not qualify for protected leave under the federal Family and Medical Leave Act (“FMLA”), they may still be entitled to protected leave under New Hampshire’s maternity leave statute, RSA 354-A:7, VI(b).

First, the Town’s policy limiting FMLA is consistent with the law. While all public employers are “covered” employers and, therefore, must comply with the FMLA, only certain public employees are “eligible” to take protected FMLA leave. To be eligible for FMLA benefits and protections, an employee must: (1) have worked for the employer for at least 12 months over a seven (7) year look back period; (2) have actually worked 1,250 hours for the employer within 12 months of the request for leave; and (3) work at a location within 75 miles of at least 50 other employees. Additionally, to the extent an employee meets the first three eligibility criteria, to continue to be eligible, the employee also must not have already exhausted their allotment of FMLA leave (generally 12 weeks).

In order to definitively determine whether the hypothetical recent hire in this question is eligible for FMLA, you would need to determine whether:

1. They had previously worked for the Town, and, if so, whether, in the aggregate, the employee had

worked for at least 12 months over the prior 7 years. If the answer is no, the employee is not eligible for FMLA leave.

2. If they did have 12 total months of employment with the Town during the seven (7) year lookback period (for example, a seasonal recreation employee who works 2 months each year), the focus then shifts to whether they had actually worked at least 1,250 hours for the Town within the prior 12 consecutive months. If the answer is no, the employee is not eligible for FMLA leave.

Additionally, the Town will need to determine whether the employee works within 75 miles of at least 50 other employees, which is determined by counting names on the payroll (including full-time, part-time, casual, and call employees). If the answer is no, then no Town employee would be eligible for federal FMLA leave.

Even if the employee is not eligible for FMLA leave, they are likely eligible for leave under the New Hampshire maternity leave law. The New Hampshire Law Against Discrimination, RSA 354-A:7, VI(b) entitles employees to “take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions.” Employees who take advantage of this maternity leave provision are entitled to be returned to their original job or a comparable position when they are “physically able to return to work . . . unless business necessity makes this impossible or unreasonable.” The statute further specifies that “[f]or all other employment related purposes, including receipt of benefits under fringe benefit programs, pregnancy, childbirth, and related medical conditions shall be considered temporary disabilities, and a female employee affected by

pregnancy, childbirth, or related medical conditions shall be treated in the same manner as any employee affected by any other temporary disability.” RSA 354-A:7, VI(c)

The state maternity leave law applies to all employers with six (6) or more employees. Unlike the FMLA, there is no minimum period of employment required before an individual is eligible to take protected leave. There is also no limitation of the duration of the leave, other than the “period of physical disability.” While maternity leave typically lasts 6-8 weeks, employees may take leave for as long as their health provider determines that they are physically disabled. In order to determine if the employee’s pregnancy has become a disabling condition,

an employer may (but is not required to) request documentation from the employee’s medical provider stating that the employee is physically disabled due to pregnancy. Many employers forego requesting medical information for leaves requested near the end of a “normal” pregnancy, but may choose to request documentation if leave is sought early in the pregnancy or for a period of time postchildbirth.

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.

Legal Q and A

That Time of Year: Common Budgeting FAQs

By Jonathan Cowal, Municipal Services Counsel

It is that time of year again when municipalities are getting started with the budgeting process for the upcoming town meeting. Whether you are an SB2 town, traditional town meeting town or have an Official Budget Committee, certain questions tend to pop up every year that need answering. In this issue’s Legal Q&A, we have complied some of the more common/interesting budget related questions have received over the past few weeks with the hopes that if other municipalities are dealing with similar issues, these responses may help solve them.

Q. If a special warrant article is approved as “non-lapsing” and consequently the funds may be encumbered for up to 5 years, does the select board still need to agree to encumber the funds annually in order to have those funds remain available into the next year?

A. There are two separate paragraphs in RSA 32:7 that address how special warrant articles will lapse and when. First, RSA 32:7, V addresses what can be called a “naked” special warrant article. That is a special warrant article where the article was not warned to provide a designated time (no later than 5 years) after which the appropriation would lapse.  In that instance, the select board can only encumber the funds for one additional fiscal year and no more, and this must be done prior to the end of the fiscal year.

Second, RSA 32:7, VI addresses where the select board explicitly states in the approved warrant article that the appropriation will not lapse for up to a maximum of 5 years. If the warrant article was approved as non-lapsing for 5 years (or such other number of years between 1 and 5) that appropriation does not have to be encumbered before the end of each successive fiscal year, it is encumbered for the entire time period as approved in the warrant article. No further action is needed by the select board to reserve those funds from year to year.

Q. It appears that our town may have to resort to a default budget. The select board is wondering what discretion they have over preparing the default budget when it comes to accounting for increases in the cost of energy, employee raises or overtime payments, and budgeting for employees that are needed but have not yet been hired. The statute is clear that the select board can only increase the default budget for contractual obligations, do these increases count?

A. RSA 40:13, IX (b) says the default budget is “the amount of the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, and reduced by one-time expenditures contained in the operating budget and by salaries and benefits of positions that have been eliminated in the proposed budget.”

Based upon this language, if the approved budget for 2022 for Energy and Fuel was $100,000, that is the amount entered into the corresponding line item(s) for Energy and Fuel for the 2023 default budget.  In that instance, even if the Energy and Fuel items will actually cost $125,000 in 2023, the default budget for those items would be fixed based on the amounts appropriated for those items in 2022.

If employee raises were approved as part of the 2022 budget, then those raises will remain in effect. However, no additional money can be appropriated for additional raises in 2023. If you wish to give additional raises in 2023, the money would need to be found elsewhere in the default budget. The same applies to overtime payments. For example, if the amount that was appropriated for overtime pay for firemen in the 2022 approved budget was $100,000, the same amount would be allocated for overtime pay for firemen in the de-

fault budget for 2023, $100,000.  Even if it is expected that overtime pay for firemen will increase in 2023, the default budget for that line item would be fixed at the same amount appropriated for that purpose in the approved 2022 budget.

So long as the employee positions that were approved in the 2022 budget have not been eliminated in the 2023 proposed budget, the cost of those positions would be included in the default budget.  Unfilled positions, and the cost thereof, are carried over from an approved budget to a default budget.  The open positions would be deemed vacant positions under recruitment.

Q. Traditionally, the library budget in my town has been included in the select board’s operating budget recommendation to our budget committee. However, this year the library does not wish to be included in the select board’s recommendation, and instead wants to present their budget to the budget committee independently. Does the library budget have to be included in the operating budget?

A. First, let’s address where or how the proposed budget for the library would appear in the town’s proposed operating budget for the 2023 town meeting. There are two recognized ways for the town meeting to approve budgets for different town departments.  Most towns include the proposed expenses for all town departments in one sweep article called the operating budget, and the library budget would appear in that warrant article in DRA Budget Form MS-737 as account code 4550-4559.  Some towns, however, do break out different town department appropriations as separate warrant articles. Rather, the library trustees would seem to be relying upon language found in RSA 202-A:11, II which states that the trustees “[p]repare an annual budget indicating what support and maintenance of the free public library will be required out of public funds for submission to the appropriate agency of the municipality.”

In towns with an Official Budget Committee, RSA 32:17 contemplates that the select board would submit its annual budget recommendations to the budget committee, and then the budget committee would prepare the annual budget for presentation to the annual town meeting.  RSA 32:16. RSA 202-A:11, II permits the library trustees to directly propose their annual budget to the budget committee. This action does not mean the library budget is being requested to be separated from the balance of the proposed town operating budget.  Instead, the trustees merely wish to have their proposed budget accepted for consideration by the budget committee without any intervening modification by the select board.

Q. Which town agencies/boards/committees are allowed to provide their recommendations on warrant articles and are recommendations ever required?

A. The statutes require, in most cases, the recommendations of the select board and budget committee to be published with the warrant article. RSA 32:5, V states that when any purpose of appropriation, submitted by a governing body or by petition, appears in the warrant as part of a special warrant article, the article shall contain a notation of whether or not that appropriation is recommended by the governing body, and if there is a budget committee, a notation of whether or not it is recommended by the budget committee. Separately, the select board has the authority to state recommendations on all warrant articles, including those without appropriations. This is stated in the case of Olson v. Town of Grafton, 168 N.H. 563 (216).

In addition, under RSA 675:4, any petitioned warrant article seeking to amend a zoning ordinance, historic district ordinance, or a building code shall have a notation on the ballot stating the planning board’s approval or disapproval immediately following the question’s description. Therefore, it is statutorily required in many instances for the appropriate board’s recommendation to appear on the warrant and it is legally appropriate for the select board’s recommendations to appear on most other articles.

Q. We have a citizen petitioned warrant article seeking to raise and appropriate some amount of money to build a new park, or purchase a new piece of equipment for the town. Must the town include this amount in the budget and are we bound to this article should it be approved at town meeting?

A. As you are likely aware, all petitioned warrant articles must be placed on the warrant. They cannot be removed or left out just because the budget committee or select board does not want to fund them. The budget committee and/ or select board may however choose not to recommend the proposed special warrant article. If the article is approved by the town, the select board cannot be compelled to spend those funds, they are only authorized to do so if they wish. The money will still be raised and appropriated, however at that point it becomes a political decision whether or not the select board wants to abide by the will of the voters or allow the money to lapse.

Jonathan Cowal is the Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

NLC Report: An Overview of Homeless Encampments for City Leaders

Without sufficient resources to shelter and house the growing population of unhoused people, the number of encampments has grown in cities nationwide. Community responses to encampments varies and is dependent upon competing priorities of a diverse group of stakeholders, including encampment residents, business owners, public health and safety officials, community residents and advocates. Understanding both the reasons why individuals experiencing homelessness live in encampments and how servicing encampments can advance a city’s homelessness response is central to developing a more compassionate and effective local government approach to encampments.

This NLC overview provides local leaders with an understanding of the complex network of factors that lead individuals to live in encampments and offers alternatives to encampment sweeps.

Key insights from this overview include:

• What encampments are and why individuals choose to live in them

• The detrimental impact of encampment sweeps without referral to shelters, housing or additional resources, particularly on Black, Hispanic/Latino, Indigenous, Pacific Islander and LGBTQ+ populations who face disproportionately high rates of homelessness

• The long-term impacts of the criminalization of homelessness and how it exacerbates barriers to housing and employment, rather than addressing the root causes of homelessness

• Case studies and recommendations for responding effectively and empathetically to the growing prevalence of homeless encampments

By recognizing the damage done by clearing encampments without providing comprehensive support, city leaders can pivot to directing resources toward assisting people with moving out of encampments and into safe, quality and affordable housing to end unsheltered homelessness, prevent recurring homelessness and ending homelessness altogether.

READ MORE: https://www.nlc.org/wp-content/uploads/2022/01/Overview-of-Homeless-Encampments-Brief.pdf

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.

Reboot Your Natural Resources Inventory

By Craig Tufts, Senior GIS/Transportation Planner, Central NH Regional Planning Commission Jay Minkarah, Executive Director, Nashua Regional Planning Commission Olivia Uyizeye, Senior GIS Analyst/Planner, Upper Valley Lake Sunapee RPC Theresa Walker, Consultant Planner, Rockingham Planning Commission

The What and Why

Natural Resources Inventory (NRI) is a term used to describe a document that includes the natural and cultural resources information that all Conservation Commissions are required to inventory under New Hampshire law. RSA 36-A:2, the stature that enables cities and towns to form conservation commissions, states in relevant part that conservation commissions “[ ] shall keep an index of all open space and natural, aesthetic or ecological areas within the city or town, as the case may be, with the plan of obtaining information pertinent to proper utilization of such areas, including lands owned by the state or lands owned by a town or city. It shall keep an index of all marshlands, swamps and all other wet lands in a like manner, and may recommend to the city council or selectmen or to the department of natural and cultural resources a program for the protection, development or better utilization of all such areas.”

At minimum, an NRI typically includes tables and maps describing town/city and state-owned conservation land along with town forests, parks, and other recreational areas. NRI’s also include maps and tables describing wetlands, streams, lakes, ponds, and usually groundwater resources such as high yield aquifers. Important wildlife habitat areas and key natural features such as steep slopes, farmland soils, forest cover and other similar natural features are also included. Often, the NRI will also serve as a conservation plan and contain recommendations designed to protect a community’s natural resources which can include policy related recommendations such as changes to land use regulations, recommendations for managing town or city-owned conservation lands or strategies for land acquisition. In other communities, the NRI is strictly an inventory, and a separate conservation plan is prepared that focuses on conservation related strategies.

Active and engaged conservation commissions usually look beyond the minimum required components of the NRI to include a broader range of natural and cultural resources of particular importance to their communities. This article explores some different approaches and innovative practices that have been adopted by local conservation commission and the regional planning commissions working on their behalf. For more information NRIs, the publication, Natural Resource Inventories, A Guide for New Hampshire Communities and Conservation Groups prepared by the UNH Cooperative Extension is an excellent resource.

Tailored Content

With every NRI update, community leaders decide whether to include topics beyond those foundational ones. Unique conditions and project budget inform which topics to include. A few scenarios are when a community decides–

• Recent growth in the local recreation economy warrants prioritization of a recreational resources section.

• New challenges require direct attention to inform targeted action, such as those with stormwater management and flooding, invasive species, or new threats to water quality pollution (e.g., Perand polyfluoroalkyl substances [PFAS]).

• Insufficient detail on priority natural resources calls for the addition of new data sources, when available. For example, expanded citizen science platforms (e.g., eBird, iNaturalist) may expand inventory of plants and wildlife.

• Urgent action is needed, such as on climate change due to worsening impacts (e.g., flooding, drought, maple sap production). New data

sources (e.g., 2016 Resilient and Connected Lands by TNC) make this more possible.

The impacts of climate change on agriculture, as well as pandemic induced disruptions to food supply, highlight the need for increasing opportunities for local food production. An NRI provides a platform for communities to elevate the importance of the working landscape of agricultural soils and active and potential farmland as critical infrastructure needed to strengthen resiliency. In addition to food production and scenic, rural character, farmland provides a myriad of ecosystem services, including wildlife habitat, floodwater mitigation and storage, and carbon sequestration. Inventorying existing farms in town and mapping farmland soils are important first steps for adding food production and agriculture to the list of key natural resources in the community. Additional steps include developing an agricultural profile that provides a comprehensive overview of a community’s agricultural industry and includes information pertaining to soil type and acres, number and type of farms, and zoning and agricultural land use.

Coastal differentiation

Threats from rising sea level and coastal storm surge require coastal communities to inventory natural resources needed to mitigate these threats. Salt marsh, tidal wetlands, dunes, and coastal rivers and streams form the frontlines of defense and protection of these natural resources can mitigate the impacts of sea level rise and storm surge. Vulnerability Assessments have been completed by the Rockingham Planning Commission for all coastal communities in New Hampshire and an NRI should reference the maps and recommendations included in these assessments.

Engaging Your Community

Developing an NRI presents an opportunity to engage your community on the issues and hear what is most important to them. A public involvement component can add legitimacy, improve transparency, and ensure the community’s needs and values are reflected in the document. An inventory of natural resources can be more effective if it can be seen through the lens of the community. Natural resources provide a range of services to people and nature, all of which have value. Part of the task of the NRI should be to parse out where and how each of these resources are valued so we can best meet the needs of the community and the environment.

An outreach component to an NRI may seek input on specific categories like agriculture, wildlife habitat, recreation, etc. and perhaps weigh them against each other. Outreach can also seek to align natural resource protection efforts in conjunction with other community goals, such as housing and economic development. Simple questions, like “what open spaces in town are most important to you, and why?” are great ways to engage and map out the most loved natural spaces .

The Central New Hampshire Regional Planning Commission includes a public input component to each NRI it conducts for its communities, typically through the use of online surveys, and events or open forums hosted by a project team of staff and town volunteers. The scale, scope, and sophistication varies depending on the need and budget, but an earnest effort to solicit input strengthens community buy in and adds value to the process.

Co-Occurrence and Weighted Co-Occurrence Analysis

Most NRIs have a co-occurrence analysis of some form, where different data

layers representing natural resource features are stacked on top of each other to show which parts of town serve multiple natural resource functions. Features such as important wildlife habitat, drinking water aquifers, and buffers from streams can all be mapped to show where they overlap. Areas that have the most overlap are likely to have the most natural resource value because they serve multiple purposes.

Co-occurrence mapping can be taken a step further by weighting each input data layer. Public input can be incorporated by weighing more heavily natural resource layers that are most important to the town. If public outreach indicates that the community most strongly values its public water supply resource, the public water supply aquifer (or watershed) could be scored higher (10 points), with relatively fewer points (4 or 2) of other resource layers. The result is a map where each area has a combined score, with the highest scores representing lands with the highest natural resource value.

Communicating the Results

An NRI will need to have technical information and detail, but it is also important to make sure the information is accessible, and the primary points of the document are clearly communicated. One effective tool for communicating the NRI and its results is to pair the NRI document with an interactive online component, such as a story map. A story map is an online map that has been given context with supporting information, pictures, legends, and other functions to help engage the reader. A reader can scroll through the post and read descriptions of each map, with an ability to zoom, interact, investigate, and follow the narrative. https://storymaps.arcgis.com/stories/65b5 42e007ca411ca0fd8c9bcb5e94c3

Court Update

Now available online:

November 2022

By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application, Transfarmations v. Town of Amherst, New Hampshire Supreme Court Case No. 2021-0214, 11/20/2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted, Chelmsford Hooksett Properties, LLC v. Town of Hooksett, Housing Appeals Board Case No. ZBA-2022-10, 11/14/2022

October 2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort, Colquhoun v. City of Nashua, New Hampshire Supreme Court Case No. 2021-0253, 10/26/2022

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing, Appeal of Town of Windham, New Hampshire Supreme Court Case No. 2021-0473, 10/04/2022

PROGRAM

Join NHMA’s Legal Services Counsel Stephen Buckley and Municipal Services Counsel Jonathan Cowal who will share insights and strategies to assist law enforcement agencies in handling governmental record requests arising under the RSA 91 -A, the Right -to-Know Law.

The disclosure of police records is governed in part by the Right -to-Know Law and in part by rules imported from the Freedom of Information Act (FOIA). This workshop will address the release of records compiled for law enforcement purposes, and when release can be denied where disclosure would interfere with enforcement proceedings or based on other FOIA factors.

Attention will also be paid to disclosure exemptions found in other New Hampshire statutes governing Body Worn Cameras, motor vehicle records, gun licenses, police personnel records, and the retention of police records. Recent New Hampshire Suprem e Court decisions on exemptions for internal personnel practices and personnel records will be addressed in detail. In addition , guidance will be provided on the retention of governmental records and how claims under the Right -to-Know Law are enforced.

Attendees will receive an electronic copy of NHMA's recently updated publication, New Hampshire's Right -to-Know Law2022. Additional materials such as the PowerPoint presentation will also be distributed electronically. No print outs of the materials or hard copy of the publication will be provided. Pre -registration and pre -payment is required. If

register but cannot attend, a recording of the workshop will be provided as long as payment has been received.

contact us at 603-230-3350

Workshops & Webinars for New Hampshire’s Municipal Officials

Moderators Workshops

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)

2023 Webinar Series

Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right -to-Know law, legislative overviews, code enforcement, cybersecurity, elections, and more. (No fee)

Local Officials Workshops

Workshops held in April and May designed for the newly-elected and veteran municipal officials. In-cludes one copy of the current 250+page handbook Knowing the Territory. (No fee)

Budget & Finance Workshops

Traditionally held each year in September. Includes The Basic Law of Budgeting Handbook, and addresses a variety of topics regarding the municipal budget process . (Fee charged)

Overview of Basic Financial Policies Series

A series of educational courses in September and October, created by NHMA ’s Government Finance Advisor, Katherine Heck, exclusively to provide town and city officials with an overview of basic financial policies. Members will learn how these financial policies are the framework for developing long term, strategic approach to financial management. Attendees must attend all courses to receive a Certificate of Completion.

Municipal Land Use Law Conference

Full-day event held in October with multiple sessions on land use related topics. (Fee charged)

Annual Conference and Exhibition

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 85 exhibitors. Event is the largest municipal gathering in the state every year. (Fee charged)

Right-to-Know Law Workshops

Held each year on governmental records and public meetings. Separate workshop for law enforcement also provided. Includes publication, A Guide to Open Government in New Hampshire, reflecting the latest developments in the law. (Fee charged)

For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

The 168th session of the New Hampshire General Court begins in January.

Help your municipality plan an active and consistent role in NHMA’s efforts by participating in the 2023 Legislative Webinar Series and Final Update.

2023Town & School Moderators Hybrid Workshops

9:00 am - 1:30 pm Saturday, January 7 25 Triangle Park Drive, Concord

In-person: $65 Virtual: $55

9:00 am - The Fundamentals of Town and School District Meeting s

A review of the law governing town meeting and the role of the moderator at town, village district and school district meetings. This presentation will cover the debate, possible amendment and voting on warrant article amendments, along with addressing the operating budget warrant article and the role of the default budget. Attention will also be paid to essential statutes, postponement, electioneering, and related First Amendment and Right -to-Know Law issues. Topics on how to handle difficult people and disruptive events at public meetings will also be covered.

Stephen Buckley, NHMA Legal Services Counsel; William J. Phillips, NHSBA Staff Attorney & Director of Policy Services; and Jonathan Cowal, NHMA Municipal Services Counsel 10:30 am - Break

10:40 am – Election Law Update & Practical Tips for Elections -Lessons Learned at the General Election

An update on election law changes and practical ways to comply with new laws and still run an efficient official ballot session.

Natch Greyes, NHMA Government Affairs Counsel and Cordell Johnston, Henniker Town Moderator

11:20 am - Ballot Counting Device Update

Presentation on the status of an alternative to the AccuVote Tabulator.

Pete Basiliere, Milford Town & School District Moderator

12:00 noon - Break and Afternoon Snack

12:10 pm - Hypotheticals

Break-out sessions for review and answering hypothetical situations that moderators might face. 1:30 pm - Workshop ends

at www.nhmunicipal.org under CALENDAR OF EVENTS.

NHMAregistrations@nhmunicipal.org

— This Moment in NHMA History —

1989 – 34 years ago…

GIS, or geographic information system, became an increasingly popular tool for municipalities for providing intelligent information for land use and infrastructure facilities planning. GIS was not just a computer system, it was actually a whole new way for cities and towns to organize the way they do business.

In 1989, NHMA staff tracked approximately 250 bills, and of that number, 32 were NHMA policy bills and 21 of these passed in one form or another. Impact fee legislation and a revenue sharing proposal made advances but became “political footballs” by the end of the session.

Legal services handled over 5,000 calls from members seeking legal advice and direction.

According to town history, in 1871 this town voted to build a new town hall. The upper story contained a hall with stage and dressing rooms and a ticket office. On the lower floor there was a smaller hall where town meetings were held until 1952.

Originally there were also a Town Clerk’s room, Selectman’s room, a room originally intended for a ticket office and on the southwest corner the grocery store. Many changes have occurred over the years as the town clerk’s room & selectman’s room were used as a jail and as a storage room. The ticket office room has been renovated into a kitchen.

The upstairs stage is still used for local theatre productions and the downstairs main hall is used by many organizations in town as well as a rental hall for residents.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the March/April 2023 issue.

ANSWER TO PHOTO IN THE NOVEMBER/DECEMBER ISSUE: The photo on page 49 in the last issue of New Hampshire Town and City magazine is that of the Town of Barnstead. Special thanks to Dawn Coffey (Rumney); Donna White (Dunbarton); Beverly Hill (Hollis); Diane Town (Charlestown); Patricia Rousseau (Auburn); and Marshall Buttrick (Greenfield), who all responded with the correct answer.

Upcoming Webinar s

2023 Legislative Preview

12:00 noon – 1:30 pm

Monday, January 9, 2023

As the New Hampshire General Court develops the biennium state budget and begins to wrestle with hundreds of bills, legislators need to hear from local officials about the concerns of municipalities.

To help you connect better with legislators, this webinar will:

*Include a preview of legislation that has been filed for 2023 *Outline the messages legislators need to hear from you *Introduce NHMA’s new legislative tracking software and *interactive platform for members

*Recommend action to get the municipal voice heard

NHMA will be hosting complimentary webinars in January and February for members of the New Hampshire Municipal Association.

Join Executive Director Margaret Byrnes, Government Affairs Counsel Natch Greyes, Government Finance Advisor Katherine Heck, for a look at what the 2023 legislative session has in store for cities and towns.

Remember, it’s also a great time of year to ask to speak with your legislators before they get too busy later in the session. It ’s important that they hear from local officials like yourself about the concerns of their municipalities and the issues important to their cities and towns. You can make a big difference by influencing legislative action that will have a direct impact on your city or town.

This webinar is open to NHMA member and is of interest to all municipal officials and employees.

10 Steps to Successful Succession Planning

12:00 noon – 1:00 pm

Wednesday, February 8, 2023

Planning for the future is never high on anyone’s list and oftentimes it’s why we get caught in a bind. It’s always easier to delay this discussion. But in our business, succession planning is essential to ensure the continued operation of our wastewater treatment facilities.

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

Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

Succession planning is a strategy used to pass leadership roles down to another employee or group of employees. This strategy involves identifying potential successors for key critical roles and making sure they are prepared for the job ahead. The most common question is “How to get started?”, but the most important question is, “When to get started?”, and the best answer to that is “Now”.

Join Ray Gordon, WWTF Administrator for the Winnipesauke River Basin Program, who will outline these 10 steps and show us how to get the process started.