New Hampshire Town and City Magazine, May-June 2023

For three decades, we’ve had the honor of partnering with New Hampshire’s public entities to help them achieve their investment and cash management goals.

Find your reason to celebrate at nhpdip.com

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After thirty years, we have a lot to celebrate!

The Right-to-Know Ombudsman Is Here

Implementing New Hampshire’s Regional Housing Needs Assessment

Solving the Housing Shortage, Maybe

Greg Dodge Celebrates 43 Years of Service to the Town of Epping

Ensuring Adequate Water Supplies for the Next Century

A “Clear” Solution to The Budgeting Challenges Facing New Hampshire Government

• Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org

New Hampshire Municipal Association BOARD OF DIRECTORS

Candace Bouchard - Vice Chair City Councilor, Concord

Laura BuonoImmediate Past 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 - 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 - Treasurer 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 - Secretary Select Board Member, Meredith

Joseph R. Devine Assistant Town Manager, Salem

Shaun Mulholland City Manager, Lebanon

A Message from the

NHMA

Executive Director

Margaret M.L.Byrnes

Weather delays included, the majority of New Hampshire towns have completed their annual town meetings; most occur in March, with some in April and May. March 14 was the state’s official “town meeting day,” but—in what is becoming its own sort of tradition—we experienced another second-Tuesday-in March snowstorm, with some spots getting as much as 40 inches of snow. Over 50 towns followed the revised process enacted in 2019—through a collaborative effort between the state, NHMA, and local officials—for postponing town elections and meetings. For those towns that went forward with their meetings, we hope all went well (flashlights and snowmobile rides included), and for those that postponed, we were pleased to see local officials working together to make these local decisions for their communities, just as it should be.

But now the snow has melted, the first bulbs have bloomed, and the days have gotten longer—which means it’s springtime (at NHMA)! For us, springtime means “crossover” at the legislature: the date by which each chamber must act on bills originating in that chamber, and this date has come and gone. This means the House committees are holding hearings on Senate bills, and the Senate committees are holding hearings on House bills. It also means the number of bills “still alive” has been reduced significantly—although bills that were tabled are still very much alive and cannot be forgotten. In a budget year, tabled bills, especially those that propose spending, can find themselves added into HB 2, the state budget trailer bill. And, speaking of the budget, in a surprising turn of turn of events, the narrowly divided House passed the budget (HB 1 and HB 2) on a voice vote. By the time you are reading this, the Senate Finance Committee will be hard at work considering, debating, and proposing changes to the state budget bills, inevitably culminating with a committee of conference at the end of the session.

Springtime at NHMA also means plenty of training for all local officials—whether newly elected or seasoned local officials— like our annual Local Officials workshops, Right-to-Know trainings, and a A Hard Road to Travel. In addition to our standard annual trainings, we’re always looking for ways to serve you better, considering new and different educational opportunities based on the questions local officials are asking and the challenges they’re facing. As a result, we’re gearing up to launch a new educational certificate program, which you’ll find more information about on pages 23-26 of this issue. This financial policies certificate series, which will be presented by our government finance advisor, is for local officials who want to explore and improve the fiscal operations of their city or town. The certificate program complements the updating of NHMA’s publication, The Basics of Financial Policy. The first cohort of municipal officials will begin in September.

Because financial policies and best practices are so critical to the health and success of all levels of government, this certificate series is open to all appointed and elected government officials—cities, towns, schools, counties, village districts, and state departments—although the entire series is entirely free for NHMA members!

Happy spring!

Cordell A. Johnston Attorney at Law

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

HAPPENINGS

Help Us To Serve You Better!

Please Update Municipal Roster by May 31st and Wage Survey by June 30th!

Having accurate and up-to-date contact information allows us to reach our members with important information in a timely manner.  We ask you to update your contact information online after each election.

STEP ONE: Update Your Organization (by May 31st)

Please log onto www.nhmunicipal.org and go to Manage Organization in the Members Account Administration (green) box. This is the section where you confirm office hours, mailing address, email information, website address, etc. pertaining to your local municipal operations. If you don’t know who in your city or town has access to do this, please send an email to nhmainfo@nhmunicipal.org requesting who your Account Administrator is for your city or town.

Under Manage Organization, you will see a screen requesting certain information regarding employee benefits. Please indicate whether your city or town has any collective bargaining agreements, whether it offers health insurance to employees, and what the percentage is of employee contribution toward health care coverage.

After each election, we ask that you update us about your elections, office hours, and meeting schedules, etc.  If you are unsure how to do this, please watch this short tutorial on how to update this information: https://www.youtube.com/ watch?v=nmGhJl353_Y  (Duration: 5:14)

STEP TWO: Update Your Officials (by May 31st)

Under Manage Officials, we ask that you add, remove, and update the names and contact information of your local municipal roster resulting from the most recent election. For each municipal employee/position on your municipal roster, you will see a new screen asking if this position is paid hourly, by salary, or by stipend. That’s it! It’s that easy!

If you are unsure how to do this, please watch this short tutorial:  https://www.youtube.com/watch?v=2Xa0TGeCUhw

(Duration: 3:09)

Thank you in advance for your time and efforts by updating your municipal roster and by completing this basic wage information. It is only due to your participation that we are able to provide this valuable business management tool to our membership.

STEP THREE:  Update Your Wage Data (by June 30th)

NHMA coordinates this  Wage Survey for the benefit of our member municipalities, but it is our members who must take the time to input their local wage data so that other members may benefit from this shared information.

Under Manage Wage Data, we ask that you provide hourly or annualized wage data for the 153 elected and appointed positions we have identified in municipal government operations.   We ask that you best fit your data into the 153 positions or roles provided even though certain positions may not be a perfect fit.

If you are unsure how to do this, please watch this short tutorial: https://www.youtube.com/watch?v=s-SQxXkumkQ

(Duration: 5:15)

Important Updates To NH Homeowner Assistance Fund

Have You Heard About GOFERR’s Municipal Boat Launch Investment Program?

The New Hampshire Homeowner Assistance Fund has recently updated its Plan and Policy that went into effect at the end of February 2023.

• Program and Assistance Type Caps:   Total assistance available per household has been increased to $40,000 and can be utilized for one or a combination of any of the following:

• Total assistance available for Mortgage Reinstatement increased to $40,000

• Total assistance available for Property Charges increased to $40,000

• Total assistance available for Utilities increased to $5,000

• The six-month waiting period for reapplication has been eliminated.

• Proof of loss mitigation is still required for those requesting mortgage reinstatement assistance; however, if an applicant can show that they have completed loss mitigation any time after January 2020, they will not be required to complete it a second time.

It is still the policy of NH HAF to only cover past due expenses. Expenses are considered past due as early as the day after they are due.

Property taxes fall under the Property Charges assistance type which now has a cap of $40,000. NH HAF will cover all delinquent taxes, including deferred taxes, up to the assistance cap.

For more information:  https://homehelpnh.org/

The Municipal Boat Launch Investment Program (MBLI) provides awards to cities and towns seeking to upgrade municipally-owned boat launches located at New Hampshire lakes, ponds, and rivers that provide general public access (access to both residents and non-residents of a municipality). Village districts, as well as school, water, sewer and fire districts, or similar cooperative municipal districts are not eligible. However, a locality or group of localities that such a district serves could apply for expenses that will benefit and be used by the district.

The application period is open from December 1, 2022, to June 1, 2023. Projects must be completed by July 31, 2024, with all invoices for which reimbursement is sought submitted to GOFERR by August 31, 2024.  Awarded projects will receive funds on a reimbursement basis.

To apply for this program, please visit the program page on  GOFERR’s website. On that page, scroll down to and click on the “Apply Now” button for the program.

Applications will be reviewed, and funds will be awarded, on a rolling basis for eligible applicants with supporting documentation for eligible expenses, with monthly funding rounds until the funds are depleted. If, in the final round of funding, there is insufficient funds to cover all eligible applications received, eligible applications will be awarded on a pro rata share of what remains in the program fund. In that circumstance, projects may not receive a full award of 75% of eligible costs, up to $100,000.

It is highly recommended that municipalities do not wait to file an application. The program application period will close once the funds are depleted, or June 1, 2023, at 4:00 PM, whichever comes first.

The maximum award for any individual project is $100,000. However, the program requires the municipality to contribute 25% of the total eligible invoiced costs submitted for reimbursement. As a result, the program will award up to 75% of such costs through ARPA SFRF (up to $100,000).

thoughts and notions

inseparably associated

Upcoming Events

MAY

Embracing Technology to Overcome Common Budgeting Challenges Webinar

12:00 noon - 1:00 pm

Wednesday, May 3

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.

2023 Code Enforcement Hybrid Workshop

9:00 am – 12:00 pm

Tuesday, June 6

Cost: $65 in-person/$55 virtual attendance

2023 Municipal Trustees Hybrid Workshop

Municipal Treasurer Training 101 Webinar

6:00 pm – 7:30 pm

Monday, May 8

Secure Your Operational Technologies with Government Funding Webinar

12:00 noon – 1:00 pm

Wednesday, May 10

2023 Hard Road to Travel Hybrid Workshop

9:00 am – 12:30 pm

Wednesday, May 17

Cost: $65 in-person/$55 virtual attendance

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm

Friday, May 19

Memorial Day (NHMA offices closed)

Monday, May 29

JUNE

2023 Local Officials Hybrid Workshop

9:00 am – 4:00 pm

Thursday, June 1

Free to members

Developing and Adopting Effective Financial Policies Webinar

5:30 pm- 7:30 pm

Monday, June 5

Free to members/$40 for non-members

9:00 am – 3:00 pm

Thursday, June 8

Cost: $90 in-person/$70 virtual attendance

Introduction to Developing and Adopting Effective Financial Policies Webinar

5:30 pm- 7:30 pm

Monday, June 12

Free to members/$40 for non-members

The Right-to-Know Law and Public Meetings Webinar

12:00 noon – 1:30 pm

Tuesday, June 13

The Art of Welfare Hybrid Workshop

9:00 am – 2:00 pm

Thursday, June 15

Cost: $75 in-person/$55 virtual attendance

NHMA Board of Director’s Meeting

9:30 am – 12:00 pm

Friday, June 16

Charter Government in New Hampshire Webinar

12:00 noon – 1:30 pm

Thursday, June 22

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

The Right-to-Know Ombudsman Is Here

By Cordell Johnston

As of early this year, municipalities and other public bodies and agencies are facing a new process for complaints under RSA 91-A, the state’s Right-to-Know Law. Since the law’s enactment over 50 years ago, the only remedy for a person “aggrieved” by a violation of the law was to file a complaint in superior court and pursue the matter as any other civil case. In 2022, however, the legislature enacted HB 481, creating the office of the Right-to-Know Law Ombudsman. It is hoped that the result will be faster resolution and lower costs, but we are far from an answer to that question. In any event, cities and towns, and their legal counsel, will need to become familiar with this new forum.

Legislative history. The new law was the culmination of several years of legislative effort. In 2017 the legislature created a commission “to study processes to resolve right-to-know complaints.” After considering numerous options, the commission settled on the idea of an ombudsman–a single official who could investigate and rule on citizen complaints, subject to appeal. At the time, nine other states had an ombudsman for enforcement of their open meeting and/or public record laws.

The first ombudsman bill was filed the next year, 2018. The Senate passed SB 555, and the House passed it once but then referred it to the House Finance Committee for further review. The committee raised concerns about the cost to hire an ombudsman, and the House ultimately killed the bill. Ombudsman bills were filed every year after that–in 2019 there were three separate ombudsman bills–but each of them died for one reason or another: concerns about cost, disagreement between the House and the Senate, the 2020 Covid shutdown.

This author was Government Affairs Counsel at the New Hampshire Municipal Association during those years, and NHMA supported the ombudsman concept, but always with caution. It was hard to disagree with the goal of making it easier and cheaper to resolve right-to-know disputes; but if one person was going to be given decision-making authority, everything depended on the credibility of that person.

To bolster that credibility, NHMA suggested that the ombudsman should be appointed by the supreme court, as some other quasi-judicial officers are (e.g., members of the Board of Tax and Land Appeals and the Housing Appeals Board), rather than by the governor and executive council. This would minimize the possibility of political influence and biases. That suggestion was never adopted.

More successful was the insistence that decisions of the ombudsman be appealable to the superior court, rather than directly to the supreme court. Because the supreme court ordinarily does not review findings of fact, a direct appeal to the supreme court would mean the ombudsman’s findings of fact are final. An appeal to the superior court, which the new law provides for, offers an opportunity to have those findings reviewed.

Finally, while some were concerned that the ombudsman’s position would cost too much, NHMA and others were concerned that the legislature was proposing to spend too little. Early versions of the legislation suggested the ombudsman, who was required to be a member of the New Hampshire bar, might be paid as little as $48,000 per year. It was disconcerting to think about what kind of lawyer would take the job for that money.

Fortunately, the legislation that eventually passed in 2022 simply called for an appropriation of “the amount necessary to pay for the position of ombudsman.” (Apparently, state appropriations are not governed by the “sum certain” rule that applies to town meeting appropriations.) It is reported that the amount ultimately settled on was $100,000.

NHMA’s concerns were further mitigated by the inclusion of a sunset date in the legislation. The law is automatically repealed in 2025 unless the legislature re-enacts it. Thus, if it is a total disaster, there is a way out.

The ombudsman arrives. Still, much depended on the person appointed to the position. There was no telling who might apply, and the prospect of having an anti-government activist in the position was troubling.

Good news came late in 2022 when Governor Sununu nominated Thomas Kehr for the position. Mr. Kehr is an attorney with 38 years of experience, the last 20 at the state Department of Administrative Services. In an interview with the New Hampshire Bulletin, Mr. Kehr stated that he has been on both sides of right-to-know requests, first in private practice and then at DAS. As a 20-year employee of the executive branch, presumably he appreciates the legitimate concerns of government officials trying to comply with the law. Mr. Kehr was sworn in on January 27 of this year.

The law. The new law is codified at RSA 91-A:7-a through :7-d, with the ombudsman’s process set out in section 7-b. The law gives a choice to any person who has a right-to-know complaint: follow the traditional route of a lawsuit in superior court, or file a complaint with the ombudsman. The superior court filing fee is $280, while the fee to file with the ombudsman is $25,

so that by itself will tend to steer people toward the ombudsman. The options are mutually exclusive–choosing one route forecloses the other (although, as noted above, decisions by the ombudsman may be appealed to the superior court).

Mr. Kehr has indicated that he is preparing a standard complaint form (it may exist by the time this article is published), and that the parties will be referred to as the “claimant” and the “respondent.” The complaint will need to include a copy of the request for records the claimant made to the public body or agency (assuming the case is about disclosure of records, rather than access to meetings) and a copy of the public body or agency’s response, if any.

Once a complaint is filed, the ombudsman will provide a copy to the public body or agency, which will then have 20 days to file an answer (as compared to 30 days in superior court).

The answer must include “applicable law and, if applicable, a justification for any refusal to [produce] or delay in producing the requested governmental records, [to allow] access to meetings open to the public, or otherwise comply with the provisions of [RSA 91-A].”

The law authorizes the ombudsman to “compel timely delivery of governmental records within a period not less than 14 days or more than 30 days” and conduct a confidential in camera review of records (i.e., private review of the records by just the ombudsman himself). He also is authorized to “compel interviews with the parties.” The law says no more about this, and it might be interpreted to suggest that the ombudsman could interview each party privately, without the other party present. However, in a pre-rulemaking public comment hearing, Mr. Kehr indicated that this would not happen; any “interviews” will be with both parties present.

OMBUDSMAN from page 11

The ombudsman may hold a hearing and “shall . . . issue a ruling within 30 calendar days following the deadline for receipt of the parties’ submissions.” (Presumably this means 30 days after post-hearing submissions.) He also may “expedite resolution of the complaint upon a showing of good cause.” Rulings on expedited complaints must be issued within 10 days, “or sooner where necessary.”

The law authorizes the ombudsman to order disclosure of records and access to meetings, and to “order any other remedy to the same extent as provided by the [superior] court under RSA 91A:8.” This includes awarding attorney fees to the claimant if the public body or agency knew or should have known that its conduct violated the law, or ordering the claimant to pay attorney fees if the complaint was frivolous or was filed in bad faith. It also includes imposing civil penalties of up to $2,000 and ordering remedial training.

Rules needed. While the law establishes the basic process, plenty of details are left unresolved. These will be addressed by rules that the law requires the ombudsman to adopt. Unfortunately, he could not begin that process until he took office, yet he also had to begin accepting cases immediately, leaving him in the position of accepting cases while he is adopting rules for those cases–a bit like trying to build a house while you’re living in it.

Rulemaking by state agencies (including the ombudsman) is governed by RSA 541-A, and the process takes several months at best. The agency must draft proposed rules, publish notice, hold a public hearing to accept comments, prepare final proposed rules, submit them to the Joint Legislative Committee on Administrative Rules, and (assuming approval by the com-

mittee) adopt final rules. All of these steps have prescribed time periods that, when placed end-to-end, can lead to a very long process, as shown in a rather intimidating flow chart that explains rule making under RSA 541-A.

As of this writing, the ombudsman is in the early stages of the rule-making process, so it is likely to be several months before final rules are in place.

Interim process. In a procedural order issued on March 17, the ombudsman announced that while the rules are being developed, he will operate under the requirements of the statute (RSA 91-A:7-b) and the model procedures for administrative proceedings adopted by the New Hampshire Department of Justice in rules known as Jus 800. He noted, however, that “interim adjustments in the application of the Jus 800 rules may be in order while this office deals with cases pending prior to the adoption of . . . rules,” especially as necessary to follow the time requirements of the statute. For example, while Rule Jus 806.01(c) allows 30 days to file an objection to a motion, the ombudsman has determined that 10 days is more consistent with the goal of an expeditious process, and has established that as the normal objection period.

In general, however, it appears likely that most of Jus 800 will apply, so municipalities and their attorneys should plan to follow those rules unless the ombudsman determines otherwise. One important question is whether the usual rules of evidence will apply. Under rule 812.04, receipt of evidence is governed by RSA 541-A:33, which in turn says that the rules of evidence do not apply in adjudicative proceedings, and that “any oral or documentary evidence may be received; but the presiding officer may exclude irrelevant, immaterial or unduly repetitious evidence.” The “rules of privilege recognized by law”–such as the attorneyclient privilege–must be given effect.

Another question is whether a nonparty may be allowed to intervene in the process. For example, if there is a right-to-know request for records that affect the privacy of an employee or another individual, that individual may want a say in the matter. Under the Jus 800 rules (Rule 809.01), a nonparty has a right to intervene if his or her “rights or other substantial interests might be affected by the proceeding.” It would be a good idea for the ombudsman to include a similar provision in his rules.

Also unknown at this point is whether remote participation in the proceedings will be allowed. Having a single forum for right-to-know complaints has its advantages, but one disadvantage is that the ombudsman has only one office, in Concord, and probably has a limited travel budget. For disputes arising in far northern New Hampshire, a hearing before the ombudsman may be less convenient than Coos County Superior Court, unless the hearings can be held remotely.

Appeals. As mentioned above, the ombudsman’s decisions can be appealed to the superior court. This, of course, will eliminate any savings of time and expense in those cases that are appealed, but it is a necessary safeguard. It also seems unlikely that many cases will be appealed. If the ombudsman issues a credible and well reasoned decision, the losing party in most cases would be well advised to accept it and end the matter. Perhaps only the most contentious or high-stakes cases will be appealed.

If the ombudsman’s decision is appealed, RSA 91-A:7-c states that the court must treat the ombudsman’s findings as “prima facie lawful and reasonable . . . unless [the court] is persuaded by a balance of probabilities on the evidence before it that the ombudsman’s decision is unreasonable.” This standard seems self-defeating: the judge must treat the ombudsman’s

findings as reasonable unless he or she finds that they are not reasonable. Nevertheless, the apparent intent is that the ombudsman’s findings are subject to some deference, a fact that may further discourage appeals.

The outlook. A process that allows for faster, less expensive resolution of right-to-know complaints is a doubleedged sword. Making the process easier and cheaper is desirable, but it also will almost assuredly lead to the filing of more complaints. And although the process may be less complex than a trial in superior court, most municipalities will still want to be represented by legal counsel; it may be less expensive, but it won’t be free. Whether the overall cost will increase or decrease is anyone’s guess.

Of course, if the increased likelihood of legal action encourages more scrupulous compliance with the law, that is a

municipalities know that most officials want to comply with the law; but all of us have encountered some who take it less seriously. Knowing that a vigilant citizen can force compliance for a $25 filing fee may encourage more attention to the law.

Further, there may be situations in which the ombudsman can be used in a non-adversarial manner to assist local officials with difficult decisions. For example, when faced with a right-toknow request involving someone’s personal information, municipal officials often have a tough choice: disclose the information and risk a privacy violation, or deny the request and end up in a lawsuit, even if the municipality itself has no stake in the result. The “balancing test” mandated in these situations sounds easy until you’re the one who has to apply it. With the ombudsman, the municipality might deny the request, let the citizen file a complaint,

decision. If the individual whose privacy is affected has the right to intervene, as suggested above, this may be a useful way to resolve these cases without a full-blown lawsuit.

The ombudsman process is going to be an interesting experiment. While municipalities are likely to see more complaints filed, it will take less time and, perhaps, less money to get through them. The net effect will not be known for many months and will not be the same for all municipalities, but one can reasonably hope that it will be an improvement over the existing, court-centered process. And as always, careful compliance with the law will remain the best way to avoid a complaint in any forum.

Cordell Johnston is an attorney in Henniker, New Hampshire, whose practice is limited to representing towns and cities. He may be contacted at 603-748-4019

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

Implementing New Hampshire’s Regional Housing Needs Assessment

By Sylvia von Aulock, SNHPC; Jeff Hayes, LRPC; J. B. Mack, SWRPC; Jay Minkarah, NRPC; Jackson Rand, SRPC; Tim Roache, RPC; Kaela Tavares, NCC; Mike Tardiff, CNHRPC; Olivia Uyizeye, UVLSRPC

New Hampshire’s nine Regional Planning Commissions (RPCs) have each recently completed a Regional Housing Needs Assessment (RHNA) working in concert with one another. While the RHNA’s are now complete, each of the RPC’s are transitioning to an implementation phase to continue the conversation, help communities plan for housing needs, and establish strategies and next steps to help address affordability.

Key Findings

A quarter of the existing housing inventory in the 34-town Southwest Region Planning Commission (SWRPC) Region was constructed prior to the 1940s, which represents a much older housing stock when compared to that of New Hampshire (19.3%) and of the United States (11.9%). Pre-1940 housing in the SWRPC Region are disproportionately rental units as well (31.7%). Older housing units are generally more expensive to live in, especially with respect to wintertime heating costs. However, many of these homes, especially single-family structures, are valued for their historical and rural character. A comparatively older housing stock will result in a disproportionate need to renovate or replace existing units or to make them more energy efficient compared to other parts of New Hampshire or the United States.

Between 2010 and 2020, vacant units for rent and vacant units for sale declined by 36.3%, dropping from an estimated 1,052 units to 671 units in the SWRPC Region. In New Hampshire, vacant units for rent and vacant units for sale declined at a slightly slower rate (34.2%) from 15,370 units to 10,110 units. While the share of available vacant housing units decreased, there was a 21.3% increase in the number of housing units for seasonal, recreational, or occasional use in the SWRPC Region (706 units). The increased use of housing for seasonal purposes is significantly higher than the State as a whole, which increased 13.6% (8,393 units). The increasing share of seasonal housing units coupled with a decreasing

number of vacant units available for rent or for sale adds to the challenge of meeting workforce and other year-round resident housing needs.

In the Nashua Regional Planning Commission (NRPC) area, the demand for housing has far outstripped supply over the past several years resulting in significant increases in housing costs for both owners and renters. Indeed, the lack of available housing, especially rental units, is challenging the ability of many people to find housing at all. Similar trends can be found throughout the state. According to the New Hampshire Housing Finance Authority (NHHFA), the vacancy rate for all rental units in the Nashua area dropped from an already low 2.8% in 2011 (5% is considered to be a healthy vacancy rate) to .3% in 2022. The vacancy rate for studio apartments and for 3 and 4-bedroom units is effectively 0%. The home buying market is also suffering from a very low inventory of homes available for sale. The Multiple Listing Service (MLS) Housing Inventory indicates the average number of months to absorb current properties listed for sale dropped from over nine months in 2011 to less than one month by 2023. Generally, a sixmonth supply is considered to be a healthy market.

Given the lack of overall inventory, it is not surprising that housing costs have escalated sharply in recent years. The median purchase price for owner-occupied homes in the region increased from $216,000 in 2012 to $435,000 in 2022, an increase of 101%. That said, 48% of all homes on the market and almost 80% of condominiums are considered to be affordable to home ownership households earning 100% of the median income. With the sales price of new homes approaching $500,000, however, only 10% are affordable to median income home ownership households. Increasing the supply of affordable homes for sale, therefore, will be challenging.

On the rental side, the combined impacts of soaring prices and low inventory are much more signifi-

cant. Between 2013 and 2022, median monthly rents for all unit types in the region increased from $1,169 to $1,904 with two-bedroom units averaging $1,980. The cost of a one-bedroom unit, however, rose at a much sharper rate. Rents for one-bedroom units now average $1,863 per month and the average cost for a studio unit is $1,525. Based on most recent available estimates, only 35.2% of all units and 15.6% of two-bedroom are considered to be at or below the affordability threshold of $1,650 per month. As a result of the lack of affordable units, 48.1% of all renter households in the region are now considered to be “cost burdened” meaning that they spend 30% or more of their income on housing costs. For the rental housing market to return to a healthy balance, a significant increase in the availability of rental housing units will be required.

Outreach and Engagement

Outreach and engagement were a core-component of the RHNAs and continues to be during the implementation phase. In the North Country Council (NCC) Planning Region, continued and deeper engagement will also be an essential part of implementing the recommendations presented within it. Cooperation and increased understanding of housing conditions and needs at the municipal level will lead to new programs, policies, and permitting changes needed to increase housing choices and affordability for residents. In our work NCC strives to increase knowledge of the unique housing conditions in each community and spur local action.

NCC has developed community specific factsheets for each municipality in the region. These factsheets can be used by towns to establish a baseline

of facts about who lives in a community, what housing exists today, what is needed today and in the future, and what resources and infrastructure exist as tools.

NCC is also working with communities that are tackling housing needs through Planning and Zoning regulatory changes as part of the InvestNH HOP Grant Program administered by PlanNH and New Hampshire Housing Finance Authority (NHHFA). The data, fair share housing projections, and tools within the RHNA are packaged up and shared with each community and their project consultants to ensure that the actions cities and towns take today align with our regional understanding of the challenges and future needs forecasted within the Fair Share analysis.

NCC is reaching beyond our typical

Check our website www.nhmbb.org for interest

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

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

REGIONAL HOUSING from page 15

municipal stakeholders to distribute RHNA data and recommendations to employer groups looking to drive local solutions. By widening our reach to include these stakeholders, communities can find new housing advocates for local and regional efforts.

The Rockingham Planning Commission (RPC) Regional Housing Needs Assessment is being used as a guidance document to further regional and local conversations on housing. All too often the fallout from the Regional Housing Need Assessment is hyper focused on the “fair share” number for each community. Focusing solely on “fair share” numbers at the community level distracts from the opportunity to work collaboratively and leverage shared resources that could have real impact on housing availability. If communities collectively consider where water, sewer, and transportation infrastructure co-occur, sound planning decisions can be made to move the needle on the housing challenges we face as a region. With that in mind, the theme of the Rockingham Planning Commission outreach efforts is housing is more than just a number.

To advance the housing conversation at the local level, the RPC is:

• Hosting a series of municipal officials’ forums to discuss the factors that influence housing via presentations on housing development from a developer perspective, the capacity of water and wastewater availability, impacts from natural hazards, and the suitability of available land.

• Integrating discussion on housing into all our community planning work including talking about housing in the context of water resources protection, infrastructure

availability and investment, coastal climate hazards, and the transportation network.

• Highlighting areas where water, sewer, and transportation infrastructure co-occur and support opportunity to increase housing options.

• RPC staff is providing overview presentations of the RHNA to many of our member communities that are working on master plans, regulation audits, or ordinance work through the InvestNH Housing Opportunity Program (HOP) grants.

The goal of the Rockingham Planning Commission RHNA outreach effort is to reach consensus on a regional housing approach that looks beyond municipal boundaries and supports housing development consistent with wise use and careful stewardship of the region’s natural and man-made resources.

Meeting Regional Needs

Lakes Region Planning Commission (LRPC) has completed its regional housing needs assessment and has met with its commissioners several times to discuss implementation of the projected fair share housing allocations by community. Recent court decisions, state legislation, and the creation of the housing appeals board (HAB) intended to address the housing crisis have clarified the obligation towns have when it comes to affordable housing. It is clear, for instance, that some communities will want to change their regulations to allow for greater housing density. For this reason, LRPC will focus its implementation activity on helping towns 1) identifying areas of the community where sewer and water could assist with development goals and 2) identifying areas of the community that should be protected from higher density development.

The Fair Share Analysis for the

CNHRPC region has identified a target of an additional 8,215 units through 2040 in our twenty-community region. To assist our communities in meeting the region’s future housing needs, CNHRPC staff will utilize the NH Housing Toolbox, which was a key product of the Regional Housing Needs Assessment process developed in coordination with the NH Office of Planning and Development and a consulting team lead by Outwith Studio.

The toolbox offers a sampling of twenty tools available to communities in the State that can be used to increase housing production. These tools are essentially planning and zoning strategies that range from specific actions, such as the adoption of incentives, to more generalized approaches, such as the encouragement of mixed-use developments and improvements to existing cluster development ordinances. The toolbox can be downloaded at https:// www.nhhousingtoolbox.org.

Strategies and Next Steps

One strategy, proposed by the Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC), is the creation of a Homeowner Developer Utility (Utility). A Homeowner Developer Utility (Utility) would seek to address a number of housing barriers by making housing production more attainable, especially to moderate- and low-income households. Assistance may include design and permitting, financing, construction management, legal aid, and/or rental management. This solution was supported in the UVLSRPC’s RHNA, and as part of the Keys to the Valley initiative, a bi-state effort.

To further this Utility concept, UVLSRPC, and partners, are taking responsibility. This means advancing a utility program. The program includes components to provide immediate assistance for home creation and planning for long term organizational sustain-

ability. The goal is to plan the planners out. The first stage will be a Home Creators Expo to occur on May 6th in Hartford, Vermont. Any municipality might benefit from a Homeowner Developer Utility, no matter their regulations.

Another strategy, proposed by the Strafford Regional Planning Commission (SRPC), is the use of scenario modeling tools to visualize the effects of housing, land use, and zoning policies. SRPC ran an analysis of buildable land to determine the amount and locations of land in the region that could be buildable for residential purposes. This analysis began by mapping all of the zoning districts in the region that allow any kind of residential use, and then “subtracted” all land

containing water, wetlands, conservation land, steep slopes, and already developed lands. The result was a GIS data layer showing all of the land in the region where new residences could be built given the current zoning regulations and existing environmental constraints. This data was also quantified to show the number of acres in each of the region’s municipalities that could be developed.

Housing needs projections from SRPC’s RHNA determined that the region as a whole will need 9,520 new housing units by 2040. The City of Somersworth will need 748 new housing units and the Town of Barrington will need 559 housing units in the same time frame. In the coming months, SRPC will be working on new projects

utilizing scenario modeling tools and the RHNA’s developable land data to show where these new housing units in the City of Somersworth and Town of Barrington could be located. One of the results from these new projects will be GIS maps and data that display a variety of options for types and locations of new housing units in these two municipalities. These scenario modeling tools have great power when used in combination with policy making. We will be able to make better policies if we understand up front and can visualize what the effects and impacts of the policies will be on the landscape of the community.

For some, it may seem like there’s nothing to be done, the housing crisis is too big and the lift seems altogether

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.

too heavy. It’s true, the housing crisis is challenging and many of the variables are out of our control. Still, there are many process and regulatory improvements communities can make, and like most challenges, tackling one aspect at a time can lead to housing solutions. Please consider the following concepts proposed by the Southern New Hampshire Planning Commission (SNHPC):

1. Begin with community goals in mind: Start with an update of your community master plan as it is the foundation of all planning efforts. Through this public process, the community’s vision and housing goals are identified. Next, as community needs change, zoning and land use regulations need to mirror the changing needs. Assess zoning and land use regulations to identify roadblocks. Set up metrics to track needed regulations changes and corresponding master plan goals. Finally, set up a schedule to evaluate proposed changes and make modifications.

2. Allow for flexibility within the regulations: Zoning, site and subdivision regulations are typically rigid and work under the premise of one size fits all, whereas development proposals are all unique. Flexibility within zoning can be established through a Conditional Use Permit (CUP) process that can include specific criteria. Flexibility is also critical in supporting repurposing of existing buildings or creating infill projects.

3. Support community businesses: Vibrant communities support

vibrant businesses, and vibrant businesses create vibrant communities. NH businesses have shared that the lack of housing supply has become a prohibiting factor to attract, retain, and even afford staffing. What can be done? Allow businesses to build housing for staff on the same site as their business.

4. Consider community needs: People of all ages have shared their stories about wanting smaller, lowmaintenance, and affordable housing. Listen to those in your own community: young working couples, parents with kids, transient/ visiting workers, larger families, recent retirees, and older adults needing assistance. Ask them, “what is your ideal type of housing?” and create allowances for it.

5. DIY and Housing: New Hampshire understands the do it yourself mentality. An integral part of meeting our housing needs is for current homeowners to adapt their home to their needs, which in some cases means an allowance to create additional units. This housing niche is filled with a variety of housing types, such as smaller, accessory dwelling units (ADUs); conversions of older and larger single-family homes to multiple units without changing the footprint; allowing tiny homes and tiny home harbors (existing properties that can be the parent lot to a tiny home). These types of allowances offer potential to both rural and urban homeowners as a means to age in place, in the comfort of their community.

6. Density is not a four-letter word: Whether it’s one additional unit,

20, or 100, density can be a sticking point. Consider a scientific approach to density by the quality of soils and availability of groundwater. The science, balanced with community vision and housing need, would result in additional housing and perhaps more diversity in housing types. For example, soils suitable to support duplexes on the same lot size as single-family homes, would double the density without much additional cost in building or infrastructure.

7. Communicate the type of growth wanted: We all have opinions, and when it comes to growth and development, developers often are open to input from the community. One simple tool to help guide developers is to create a visual guide. Local land use boards, such as the planning board or historic district commission, can develop a visual guide by researching and finding examples of buildings and building details that they feel fits in with their community character. By incorporating public input, the visual guide can become a useful tool to assure the community that new development will take into account their recommendations.

The nine regions teamed up to write this article and present a range of resources available. If you are interested in learning more, please visit the NHARPC website at: https://www. nharpc.org/rhna/. Many, if not all, of the examples cited above are available to municipalities from all nine regions.

Solving the Housing Shortage, Maybe

By Natch Greyes, Governmental Affairs Counsel

The legislature is determined to make a dent in New Hampshire’s housing shortage this session. More than $134 million in spending was proposed in various pieces of legislation and the Speaker of the House created a “Special Committee on Housing” to come up with ideas for how to solve the shortage. We’re only halfway through the session, but we are cautiously optimistic that incentive programs such as Housing Champions (SB 145) and InvestNH (in HB 2) will see some funding.

One of the biggest problems with the housing shortage is that it has been a slow building crisis (pun intended). In the late 1980’s, the savings and loans crisis and related recession resulted in a severe economic downturn, hitting the housing sector in New Hampshire particularly hard. Speculative over-building had resulted in excess inventory of available housing, decreasing the demand for new housing. By the mid-1990’s, demand once again began to exceed the supply of housing, but efforts in the early 2000’s faltered beginning in 2005. Construction permits for both single-family and multi-family units fell substantially between 2005 and 2009, with only a partial recovery in the following decade, suggesting significant underbuilding leading up to, during, and after the Great Recession. As a consequence of these economic upheavals, New Hampshire has produced significantly fewer housing units per 1,000 jobs created in the decades since the mid-1980’s than there has been demand, leading to the ongoing (and current) shortage of affordable housing.

Unfortunately, as with many complex crises, there has been a tendency to look for an easy target. Even before the early 2000’s, municipalities started “being targeted as ‘the problem’ to finding solutions for affordable housing[,] with increasing frequency and fervor,” according to a 2001 article on “Planning for Affordable Housing” by then Senior Planner Benjamin Frost of the New Hampshire Office of State Planning.

One of the areas that NHMA has been focusing on this legislative session is educating interested parties on the complex interplay of the various factors leading to the real cost of housing, as well as pointing to information about how

New Hampshire ranks compared to other states because, of course, the housing shortage is a nationwide problem.

The Price of Housing

The price of housing can be boiled down to five costs –

1. Land – Housing must be built on a parcel of land, with the cost of that land being passed on to the occupant of the housing. Even in recessions, land values in New Hampshire have a tendency to stabilize but not go down, and, in most years, land values increase.

2. Materials – Material costs have increased substantially, with supply-chain issues driving some costs well above inflation, but many such costs have begun to normalize in the past few months.

3. Labor – The average age of an electrician is over 55 in New Hampshire and the average age of a plumber is older. As the labor pool continues to dwindle, workers can demand even higher wages than expected as part of a cost-of-living adjustment.

4. Lending – Until about a year ago, the cost of lending was low for over a decade, leading to low transaction costs for those buying and selling homes. With mortgage rates increasing from a low of around 2.5% to around 7% in the span of a year-and-a-half, lending costs have increased substantially.

5. Governmental Costs – What local zoning allows, what the state building and fire codes require, what state statute mandates all contribute to the overall cost of a building a home. Some of these costs are fixed costs –building homes close together requires public water and sewer and the cost of water and sewer upgrades must be borne by either the builder or the community at large and those costs are going to be whatever they are going to be. Other costs are variable, such as permitting and inspection fees.

At present, a 1,600 sq ft house costs about $205 per square foot just to build. That’s a total of $328,000 without adding in any costs associated with complex engineering, devel-

oper profits, lending costs, or governmental costs. With the average New Hampshire home valued at around $400,000, it’s also important to keep in mind that with 5% downpayment and 30-year mortgage, lending costs at 7% interest result in a $2,528 monthly payment versus a $1,602 monthly payment at 3% interest.

Finding affordability is a complex challenge, and a few proposals to lower housing costs have made their way into legislation this year. It’s not often that we get data on policies that were considered by the legislature in the same year that those policies were considered, but thanks to the House Special Committee on Housing’s dogged pursuit of data on housing, we’ve learned a little more about how New Hampshire compares to other states on a couple of fronts:

Accessory Dwelling Units (ADUs)

The Mercatus Center at George Mason University published a case study of New Hampshire’s 2017 ADU law. In comparing New Hampshire’s law to the other states (California, Connecticut, Maine, Oregon, Utah, Vermont, Washington) that have similarly enacted such statewide zoning mandates, researchers found that New Hampshire has, in all but one municipality studied, exceeded the comparable adoption of ADUs by other states. (New Hampshire has a pending ADU expansion bill, HB 423, which will be examined by the special committee on housing sometime this summer.)

In Los Angeles, for example, the ADU adoption rate was 0.34 per 1,000 single-family houses annually. “This rate is lower than any of the New Hampshire localities for which we have annual ADU permitting data, except for [one], despite New Hampshire having [stricter policies than Los Angeles].” Similarly, “Durham, North Carolina – which has an ADU ordi-

nance that follows best practices for facilitating construction – that there is at least one detached ADU for every 490 single-family homes. All the localities in our sample, except for [one], have permitted enough ADUs between 2017 and 2021 to have more than one ADU for every 490 singlefamily homes [with the highest rate in New Hampshire being one ADU for every 137 single-family homes].” Two specific New Hampshire municipalities were cited as having “achieved a saturation of ADUs well above what the West Coast cities, typically cited as ADU success stories, have achieved.”

Duplexes, Triplexes, and Fourplexes

The Mercatus Center at George Mason University also looked at two-to-fourunit buildings and zoning outside of New Hampshire that allowed them by right anywhere that single-family homes could be constructed. Minneapolis, Houston, and Oregon all passed laws similar to this year’s fourplex bill, HB 44 (which was killed by the House). “New Hampshire, from 2017 to 2021, permitted about 310 housing units per 100,000 residents per year, 5.5 percent of which were in two- to four-unit buildings. Notably, this puts New Hampshire comfortably ahead of Houston, Minneapolis, and pre-reform Oregon in the permitting of two- to four-unit buildings.” (Post-

reform Oregon has not yet generated enough data for comparison.)

Conclusion

As the Special Committee on Housing continues to gather data, we are interested in seeing how New Hampshire compares to other states on other housing metrics. So far, New Hampshire seems to be faring well. One complication, however, is that the data is clearly showing that over the past several decades, house prices have risen faster than income across the world’s advanced economies, including in the United States, leading to a strong uptrend in price-to-disposable income ratios, potentially signally a decoupling of housing prices from the fundamentals driving the supply and demand for housing.

We are hopeful that some of the incentive programs proposed in the various pieces of legislation this year will help municipal zoning ordinances continue to thrive as laboratories of democracy, experimenting with novel as well as data-proven techniques to increase access to affordable housing. We have already heard of a need to increase state investment in fostering the ability of municipalities to tailor their policies to the conditions faced by each individual municipality, and how such investment can alleviate issues caused by one-size fits all zoning.

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Upcoming Financial Policies Webinar s

NHMA will be hosting two complimentary webinars in June regarding the basics of financial policy for members of the New Hampshire Municipal Association.

The Basics of Financial Policy Webinar Series

NHMA has refreshed and updated The Basics of Financial Policy publication to provide New Hampshire town and city officials with an overview of basic financial policies.

In conjunction with this publication, NHMA’s Government Finance Advisor Katherine Heck has put together two introductory webinars for those municipal officials who are interested in pursuing an overview of these basic financial policies.

• • •

Introduction to Developing and Adopting Effective Financial Policies

5:30 pm—7:30 pm

Monday, June 5, 2023

Financial policies are the framework for developing long term, strategic approach to financial management. There are compelling reasons to adopt formal written policies. Among them, adoption of financial policies helps to provide consistency, stability, and continuity in the financial operations of the municipality.

• • •

Introduction to Internal Controls, Segregation of Duties, Fraud and Risk

5:30 pm—7:30 pm

Monday, June 12, 2023

Local governments are required to establish and maintain adequate internal controls for purposes of financial reporting, managing operations, and legal compliance. Learn about how to establish effective internal control as an integral part of a municipality’s governance system and ability to manage risk

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

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

• • •

Who in your municipality might be interested in taking these webinars?

Members of the Governing Body, Town Managers, Town Administrators, Budget Committee Members, Finance Officers, Treasurers, Town Clerks, Tax Collectors, Committee Chairs and Department Heads.

NHMA Launches FREE Financial Policies Certificate Program

A new certificate program has launched to help municipal officials develop a long-term, strategic approach to financial management.

NHMA has developed this free certificate program for municipal officials who want to explore and improve the fiscal operations of their city or town. The certificate program complements the updating of NHMA’s publication, The Basics of Financial Policy, which provides municipal officials with an overview of basic financial policies. The first cohort of municipal officials will begin the new certificate program in September.

The eight-course curriculum covers core topics (see course curriculum below).

Once participants finish the program, they should be equipped with the tools and resources to effectively carry out their fiduciary responsibilities and newly-appointed staff in the conduct of their financial duties.

This series is of interest to members of the Governing Body, Town Managers, Town Administrators, Finance Officers, Treasurers, Town Clerks, Tax Collectors, Committee Chairs and Department Heads.

These courses are flexibly designed so you can sign up for as many courses, or as few, as you want. Participants who take all the courses in the series earn a Certificate of Completion and get a free digital download of the publication The Basics of Financial Policy (a $70.00 value).

FREE TO MEMBERS: Attendance is free and open to all elected and appointed government officials from municipalities and village districts that are members of NHMA. The program is also open to non-member village districts, school districts and state agencies. Nonmember costs are $40/half day and $70/full day. The cost for the entire 8 course certificate program is $320. The entire series is entirely free for NHMA members!

2023 Curriculum and Schedule

All Day Wednesday, September 13, 2023

9am-11:30am /1:00pm-3:30pm

Who in your municipality might be interested in taking this course? Members of the Governing Body, Town Managers, Town Administrators, Finance Officers, Treasurers, Town Clerks, Tax Collectors, Committee Chairs and Department Heads.

Half Day Wednesday, September 20, 2023

9am-11:30am

Who in your municipality might be interested in taking this course?

Members of the Governing Body, Town Managers, Town Administrators, Budget Committee Members, Human Resources, Finance Officers, and Department Heads.

Internal Controls, Segregation of Duties, Fraud and Risk

Local governments are required to establish and maintain adequate internal controls for purposes of financial reporting, managing operations, and legal compliance. Effective internal control is an integral part of a municipality ’s governance system and ability to manage risk. One of the primary goals of internal controls is to create a separation of accountability and duties among municipal officials or employees. Join us to discuss internal control standards and how to establish and maintain and improve internal controls and the segregation of duties within your organization

Policies for Operations and Budgeting

Operations policies may help prevent and resolve conflicts in local government. The responsibilities of municipal employees frequently overlap, and clear lines of authority can be hard to identify. As a result, the administration of local government can seem complex, even in the smallest town. The key to effectively navigating this complexity is effective communication and cooperation among local officials and employees. Policies can clarify both the responsibilities and lines of authority. The process of adopting written operations policies can also afford all levels of local government the opportunity to engage in communication and develop common goals for their municipality. Operating budget policies address roles and responsibilities of the budget process, timelines, definitions of a balanced budget, and budget controls such as fund balance levels. Budget policies are an important step in a more strategic and long -term financial planning approach to the fiscal wellbeing of local government.

Half Day Wednesday, September 20, 2023

1:00pm-3:30pm

Who in your municipality might be interested in taking this course?

Members of the Governing Body, Town Managers, Town Administrators, Budget Committee Members, Treasurers, Finance Officers.

Half Day Wednesday, September 27, 2023

9am-11:30am

Who in your municipality might be interested in taking this course?

Members of the Governing Body, Town Managers, Town Administrators, Finance Officers, Treasurers, Town Clerks, Tax Collectors, Committee Chairs and Department Heads.

Fund Balance Policy

It is essential that a town strive to maintain adequate fund balance levels to mitigate current and future risks, such as emergencies, unanticipated expenditures, revenue shortfalls or economic downturns, and to aid in maintaining relatively stable tax rates. Fund balance levels are a crucial consideration in long -term financial planning. Defining fund balance uses and limits for your municipality within the scope of a policy ensures a balance exists between collecting more taxes than are necessary while still allowing for the prudent accumulation of funds. A municipality will be well served by maintaining a reasonable fund balance. This financial tool will help to bridge cash flow, avoid interest costs from short-term borrowing, preserve credit ratings, and provide a buffer against revenue shortfalls or expenditure overruns.

Revenue Policies

Adequate and reliable sources of revenue are necessary to fund the essential services of local government. Each municipality is unique in both the programs and services provided and the ability to pay for such services. Revenue polices provide management with both internal controls and the strategies necessary to determine the amount and source of available funding for services within a framework that protects assets and promotes the effective use of limited resources. Revenue reporting and forecasting occurs during the budget development, implementation and monitoring process, however, additional layers of policy considerations are recommended to address how various revenue streams should be meaningfully analyzed and managed within the annual budget and in long term financial planning. A lack of proper controls over revenues may negatively affect the determination of budgeting, forecasting, reconciliations, and general oversight over the various revenues collected.

Half Day Wednesday, September 27, 2023

1:00pm-3:30pm

Who might be interested in taking this course? Members of the Governing Body, Town Managers, Town Administrators, Finance Officers, Treasurers, Town Clerks, Tax Collectors, Committee Chairs and Department Heads.

Half Day Wednesday, October 18, 2023

9am-11:30am

Who in your municipality might be interested in taking this course? Members of the Governing Body, Town Managers, Town Administrators, Treasurers, Trustees of the Trust Funds and Finance Officers

Expenditure Policies

Public expenditure policy is a continuous political/bureaucratic process through which municipalities decide which activities should be undertaken by the government; and what is the most efficient and effective way of producing those public sector programs and services. Basically, expenditure policies are designed to ensure proper funding of services with the limited resources available while protecting the municipality from waste, fraud, and abuse.

Investment Policy

There are three primary purposes for adopting an investment policy. The first is to establish the investment philosophy, addressing such issues as the level of risk the municipality is willing to tolerate in exchange for a return on its investments, and whether or not funds should be invested with local, statewide or national financial institutions. The second is to provide guidelines and directives to the municipal official statutorily responsible for investment activities, which is usually the treasurer. The third purpose is to insure compliance with statutory requirements regarding the annual review and adoption of an investment policy. From an operational perspective, a wellconstructed investment policy will ensure that funds are invested conservatively to provide additional income, but at the same time insure that liquidity needs are met that cash is available to meet all financial obligations as necessary.

Half Day Wednesday, October 18, 2023

1:00pm-3:30pm

Who in your municipality might be interested in taking this course? Members of the Governing Body, Town Managers, Town Administrators, Budget Committee Members, Treasurers, Finance Officers and Department Heads.

All Day Wednesday, October 25, 2023

9am-11:30am /1:00pm-3:30pm

Who in your municipality might be interested in taking this course? Members of the Planning Board, Governing Body, Town Managers, Town Administrators, Budget Committee Members, Treasurers, Finance Officers and Department Heads.

Debt Policy

The issuance of debt creates a long -term commitment requiring a municipality to make payments of interest and principal for up to 30 years. Such a longterm commitment obligates funds that would otherwise be available to respond to changes during that period, such as citizen demands for new or additional services, revenue shortfalls or unanticipated expenditure increases. The primary purpose of a debt policy is to provide written guidelines that establish the parameters regarding the amount and type of debt that a municipality may issue. Having such a policy in place ensures that long -term financial commitments, those funded through the issuance of bonds or notes, will be considered consistently within a fiscally prudent framework.

Capital Planning and Fiscal Capacity

The purpose of establishing a capital planning policy is to promote consistency and continuity in decision making related to capital improvements. The policy should align with overall goals and objectives regarding the physical and economic development of the municipality, asset management, and the provision of public services. A well -designed policy will promote financial stability and focus attention on long-term financial capacity to meet capital needs. Additionally, the policy should effectively communicate the municipality’s priorities and plans for undertaking capital projects to internal and external stakeholders.

Questions?

Greg Dodge Celebrates 43 Years of Service to the Town of Epping

After 43 years of public service to the Town of Epping, Greg Dodge is retiring as Town Administrator on May 26, 2023.

The motivation for any of us to engage in local public service stems from a sense of duty to serve our community for the greater good. No one embodies this sense of duty to serve our community than Gregory Dodge. President John F. Kennedy once said the highest form of appreciation is not to utter words but to live by them.

Dodge reflected warmly on his family upbringing, getting a good education, and being in the military as the foundations for his leadership style. “The military helped me understand the chain of command hierarchy, and I stick to that. I care about everything I do, I say, and I write. I like to get things done and I don’t always like to wait.”

Dodge, originally from Manchester, moved to Epping in 1972 and was a 1975 Epping High School graduate. Dodge began his career in the Town of Epping as a part-time police officer starting in 1979. By 1980, Greg was hired on as the first full-time police officer, and within nine months, in 1981, he was appointed police chief. Shortly thereafter, voters moved to make the position of police chief an appointed position and not an elected position which made Dodge the first appointed police chief in Epping and the youngest police chief in the state at the time.

Dodge said, “In my younger years there was a lot of skepticism, being young and inexperienced. I guess they weren’t wrong, I did not have a lot of experience. But I did have support from the town and their confidence I could do the job even though I was only 24 years old.”

Dodge came into the position as the only full-time police officer, today the town employs 15 full time police officers.

Greg retired as police chief in December of 2011 and began working as a part-time, interim town administrator.

“When I first came to Epping, there was no McDonalds, only a farm field. We were a small bedroom community

with small town problems. Not a whole lot went on,” said Dodge reflecting upon those early years.

But a whole lot happened on Dodge’s watch. Epping grew from 3,460 residents in 1980 to 7,223 in 2021. The population has more than doubled in the time that Dodge began his public service in 1979. During this time commercial growth exploded in Epping. In 2012, The Brickyard Square, a 251,000 square foot shopping mall located on Route 125, broke ground. According to its website, The Brickyard Square now boasts over 3 million guest visits in 2019 with an average stay of 80 minutes per visit. Epping has become one of the fastest growing trade areas in New Hampshire.

When asked what his biggest challenges was as police chief, Dodge responded “The biggest challenge was staffing, even way back when”. When he put on his Town Administrator’s hat, however, Dodge said the biggest challenge was leading all departments and not just one department.

Dodge has already proved his longevity in Epping — it’s the only town he’s ever served. He learned his trade in the U.S. Army, working in the military police. Upon discharge he worked briefly as a guard at the Rockingham County House of Corrections before becoming a part-time Epping officer in 1979, a full-time officer in 1980, elected police chief in March 1981, and appointed chief the following year. He

Epping Town Administrator, Gregory Dodge

Home

worked for the Epping Police Department for 30 years.

Over his 43 years, Dodge has established a reputation of keeping residents informed. “My job is to keep the selectmen informed, and keep the residents informed. They are the ones who employ you. We owe it to them to give them what they need.”

Dodge lives by his words and his motto or creed is well known in town. “It’s only a problem if you can’t solve it,” said Dodge. “We work through our problems the best we can. If not, we look for solutions.”

Steve Fournier, now Newmarket Town Manager, served a stint as Epping’s Town Administrator from 2003 -2007, said, “I had the great opportunity to work with Greg when I was the Town Administrator and he was Chief of Police. His knowledge of the com-

munity and the people was invaluable. For his years of dedication to Epping, Greg deserves to have a nice and quiet retirement. I wish him the best and congratulations!”

Former Epping selectman and state representative, Sue McGeough, has had a long history with Dodge, having known him since he graduated from high school and when he served as the town’s youngest police chief.

“He always conducted himself well, and with compassion. Greg was always looking out for the town’s best interests and has served the town well. “If he wants a part-time job, he can work for me at the farm,” said McGeough halfkiddingly.

When asked what his plans were, he added, “I don’t know. I live right there (pointing out his office window to a house across the street from Town offices). The commute is very easy.”

Joking aside, Dodge said he does not want to leave New Hampshire. “I really love New Hampshire and I don’t want to leave Epping. My heart is here. Always has. Always will.” But he does have his sights on warmer weather. He and his wife have a place in Sebastian, Florida where they will spend time relaxing.

NHMA congratulates Greg on his retirement and we thank him for his public service and achievements.

DODGE MILESTONES

1978 – Rockingham Correctional Officer, Rockingham County Jail

1979 – Hired by Epping as Part-time Police Officer

1980 – Hired by Epping as Full-time police officer

1980 – Became certified police officer

1981 – Elected chief of police, youngest police chief in the state at that time. Acknowledged by Senator Warren B. Rudman

1981 – Last elected chief of police in Epping – town voted to make it an appointed position moving forward

1982 – Appointed chief of police

• Graduate of the FBI National Academy in 1984

• President of the Rockingham County Law Enforcement Officers

• Past President of the NH Association of Chief of Police

• Member of the NH Police Standards & Training Council, Appointed by two governors

• Appointed to the National Board of Law Enforcement Directors DARE American

• Elected to Epping School Board served as chairman five of six years

• Interim Part-time Town Administrator – Sept 2011Dec 2011

• Retired as police chief in December 31, 2011 and became Town Administrator on January 1, 2012.

away from home. Epping Town Hall, where Dodge served for many years.

Ensuring Adequate Water Supplies for the Next Century

By Boyd Smith, PCEO, New Hampshire Water Works Association

This article will help you learn some steps required to ensure a sustainable supply of clean, safe, and affordable drinking water, continuing a century-old tradition of service that water professionals are proud to provide.

Steps in the public drinking water cycle include source water; collection and treatment; distribution and delivery; monitoring and regulatory reporting; and throughout each step the critical element of customer relations and engagement. Because we all depend on clean, affordable water there are places at each step when you can be part of this vital service – a meaningful way to protect your interests and be part of your community! Let’s get started and learn more about our sources of drinking water supplies.

Step 1 – Source Water (or, we all need something to treat!)

Drinking water starts with a source. Nearly half of New Hampshire residents depend on private wells, with some dug into the ground and most drilled far into the underlying bedrock. Surface water enters the ground and fractured bedrock, moving under influence of gravity and pumping. While the soil acts as a filter that cleans infiltrating rain and snowmelt, both natural (arsenic, radon) and man-made (petroleum compounds, degreasers, and PFAS) contaminants can be present.

Fifty four percent (54%), or roughly 750,000 New Hampshire residents, depend on public drinking water systems that treat source water to exacting health and regulatory standards. Sources include ground water extracted with wells; surface water taken from ponds, rivers, and lakes; and combined sources. Most larger systems and population centers depend on surface water, which often has multiple uses, including recreation, hydropower, and ecological services. While surface water treatment is more complex, rivers and lakes are more productive than most aquifers, and are located near our population centers (coincidence? We think not!).

Merrimack River in Manchester –A history of multiple uses

New Hampshire is blessed with a bounty of clean fresh water, with a few caveats of growing concern:

• Increasing development is reducing infiltration, increasing stormwater runoff, and decreasing water quality.

• While total annual precipitation is fairly steady, climatedriven drought / flood frequencies are increasing, stressing water availability.

• As need for our finite supply of water increases, competing interests will become more challenging.

• Emerging man-made contaminants (such as PFAS) are impacting source waters across the State, reducing their availability, or adding substantial testing and treatment costs.

In addition, infrastructure projects required to protect and access source waters are increasingly expensive and complex, commonly costing millions of dollars and taking years to

design, permit, fund, and build.

Most of us have heard about the extended drought in the western US. Lake Mead, which impounds the Colorado River to divert its waters from Nevada to California, provides hydropower to make Las Vegas habitable, and irrigates millions of acres of farmland that produce roughly 40% of our nation’s vegetables. While recent rains are delivering some drought relief along with devastating floods, the continuing downward trend of this critical water source has the potential to reshape our country.

Lake Mead and Hoover Dam water intakes, 2022

After more than a century of affordable, dependable clean water, it is human nature to assume things will remain the same. It takes a special imagination to anticipate major change, and

rarefied leadership to prepare a united and effective response.

Being well informed and willing to act for sustainable and dependable drinking water can make the difference for the future of your own community. Land use choices such as protecting riparian buffers, infiltrating stormwater, and preserving open space can protect your water supply and improve the aesthetics of your town. Be a local advocate for water, and you can’t go wrong!

New Hampshire Water Works Association (NHWWA) is a non-profit organization whose mission is to improve

public water supply service in the State of New Hampshire. NHWWA represents over 300 municipal and private organizations committed to providing clean, safe, and affordable drinking water to New Hampshire’s residents and businesses.

Learn more about our Association at www.NHWWA.org or contact us at Info@NHWWA.org.

A “Clear” Solution to The Budgeting Challenges Facing New Hampshire Government

By Sarah Sanders, Manager, Demand Generation, ClearGov

As local government agencies across New Hampshire gear up to start planning their 2024 budgets, it’s a good time to reflect on the processes you have in place. What works well? What’s painful? What would you change if you could?

Here are some of the main challenges New Hampshire governments face during the budgeting process. If any of these hit a little too close to home, read on to discover a solution that’s easy to implement, use, and afford for governments of any size

Top Budgeting Challenges New Hampshire Governments

Face:

• Limited Time

The number one challenge we hear from governments is the amount of time spent on the budget every year. This problem has recently become even more apparent due to shrinking revenue and smaller staff.

• Decreasing Revenue

Since 2020, governments nationwide have been hit with shrinking revenues and higher unemployment levels, forcing them to scrutinize every tax dollar spent. The continued uncertainty means previously approved personnel or capital budgets often need to be reviewed and revised. At the same time, governments understand the need to retain valuable employees, provide services, and complete capital projects that matter most to their community.

• Evolving Technology

Career finance directors that remember doing their budget pre-Internet have seen the evolution of technology firsthand. Email, spreadsheets, shared network drives, and word-processing tools have long been the foundation of a government’s collaborative budget process. While these tools still get the job done, they have obvious limitations. Manual data entry, consolidation, and reconciliation are time-consuming and error-prone, as is building a 300-page budget book in Word. Thankfully, technology continued to evolve and there are now far more effective and affordable options..

• Involving The Community

Getting your community’s feedback on what matters the most to them is more important than ever. What services and projects do they want their tax dollars spent on? The roadblock many governments face is how to get residents involved. Diverse demographics mean some residents still appreciate in-person town hall meetings. In contrast, others want to submit feedback quickly and anonymously via surveys or participate online in social media groups.

• Financial Transparency

Naturally, citizens want to know where their tax dollars are spent, and most governments want to be transparent and held accountable for their fiduciary responsibility. The obstacle many governments face in this area is how to best communicate the budget. Yes, posting a PDF budget book to the website and sharing it via email and social media technically checks the transparency box. But the majority of citizens A) won’t take the time to read a cumbersome budget book, and B) won’t be able to make sense of a lot of the complex financial data it contains. Communicating the budget in a clear way that residents can understand is the true cornerstone of transparency.

• Internal Collaboration

Effective internal collaboration and communication are essential during budgeting, especially with shrinking resources. Departments can no longer afford to remain siloed when submitting budget requests. In fact, many governments have found cost savings and efficiencies by pooling contracts and sharing resources. But those opportunities are easy to miss without collaboration and shared visibility into the budget.

• Long-Range Planning

Long-range capital and personnel planning requires building out many “what if” scenarios. Multi-year, multi-scenario plans help governments identify the optimal use of funds. But building those scenarios in a spreadsheet is a huge undertaking. Moreover, non-financial folks may have difficulty making sense of each scenario and how it impacts other parts of the budget.

If any of these challenges sound familiar and you’re ready to modernize your budgeting process, it’s time to take a look at ClearGov. ClearGov is the leading provider of cloudbased Budget Cycle Management software that helps small to medium size governments save time and work more efficiently. Our tools streamline and automate much of the budgeting process, eliminating tedious and error-prone manual work, facilitating collaboration and accountability, fostering civic engagement, and supporting financial transparency. Find out how ClearGov can help your New Hampshire agency budget better. Watch a short demo today to get started: https://cleargov.com/lp/demo

Sarah Sanders is Manager, Demand Generation for ClearGov. She can be reached via email at ssanders@cleargov. com or via her cell at 919-951-4129.

Embracing Technology to Overcome Common Budgeting Challenges Webinar

12:00 noon – 1:00 pm, Wednesday, May 3, 2023

Join your fellow NHMA members on May 3rd from 12:00 PM to 1:00 PM for an informative live webinar exploring the challenges governments face in the digital age and how technology helps leaders work more effectively. Learn how fellow agencies are leveraging powerful budgeting technologies to create accurate and detailed budgets in less time and hear from guest speakers who will share their experience switching to modern tools. Don’t miss this opportunity to learn from experts in the field and network with your peers.

Speakers: Nick Iacobucci, N.H. Market Development Executive - ClearGov Shannon Martinez, Town Manager - Town of Sunapee, N.H. ClearGov’s mission is to help every local government operate more effectively and efficiently. Local governments across New Hampshire currently use ClearGov’s modern cloud-based solutions to save time and better serve residents. From capital planning to personnel budgeting; from dog licenses to building permits; from budget books to strategic plans, ClearGov is a platform for positive change.

REGISTER HERE: https://www.nhmunicipal.org/events-training

Court Update

Now available online:

April 2023

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

Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes, Clearview Realty Ventures v. Laconia, New Hampshire Supreme Court Case No. 2022-0196, 04/18/2023

January 2023

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision, Appeal of Town of Amherst, NH Supreme Court No. 2021-0570, 01/08/2023

UP CLOSE & PERSONAL In the Field

Welcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Betsy Bosiak, Planning Board member (and all-around volunteer) in the Town of Epsom.

TC: What are your duties and responsibilities as a Planning Board member?

BB: I serve on the Planning Board where I attend meetings and assist in making decisions on developments and subdivisions, recommend zoning revisions, contribute to the development of the Town’s master plan, and work on the Town’s CIP. In addition, I also serve as the Town’s liaison as the Central New Hampshire Regional Planning Commission (CNHRPC) Representative. The CNHRPC Transportation Advisory Committee (TAC) reviews and provides comment and recommendations on transportation related reports and studies prepared by the Commission staff or its consultants. Every two years the TAC assists with the development of the regional Transportation Improvement Program (TIP) that identifies regional priorities for inclusion in the New Hampshire State Ten Year Plan. As a TAC member, I serve as a vital connection between the CNHRPC, municipalities, and the public regarding transportation planning issues.

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

BB: One of the largest challenges of this position is to effectively listen. Listening to all perspectives and sides of an idea is imperative when deciding on the most satisfactory solution for all parties. Ultimately the goal is to balance all sides and make the decision that will have the greatest positive impact on both the people and the community and it all starts by listening and collect as much information as you can!

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

BB: Throughout my volunteering career, I have attended many NHMA hosted trainings and workshops. These events have allowed me to gain a better understanding of the parameters that restrict actions or guide best practices and principals for local governments. In many cases I have taken what I have learned at these trainings and brought them back to implement in various positions with the Town of Epsom.

TC: What is the public perception about your job and how does it differ from the reality of your job?

BB: The public perception of a planning board position is that you sit and listen, and only look at the information that is presented. It is important to stress that additional research and more behind the scenes effort is necessary and completed prior to a decision being made to ensure that the decision being make is the best possible outcome for the community.

TC: Tell us a story about an unusual experience you have had while doing your job.

BB: In both my position on the Planning Board as well as the CNHRPC, I have had numerous experiences where the concept presented in the set of design plans worked, but when you take a harder look at it physically while on site additional things that are not intuitive from the plan set are identified. An example of this is land topography and how rainwater (drainage) runs across the project site. Being on the site and examining the topography can assist in identifying challenges presented in the plans prior to the project going to construction.

TC: Has your public position changed you personally?

BB: Of course, these positions have changed me - these positions have made me a better professional. They have made me realize the true value in taking the time to listen to all of the sides before making a decision that will affect more than just myself.

Dr. Tracey Hutton

Betsy Bosiak

On the Board

UP CLOSE & PERSONAL In the Field

Welcome to Up Close and Personal – On the Board, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at our members serving on our board of directors. In this issue, we hope you enjoy meeting Holly Larsen, Finance Director and Tax Collector with the City of Berlin. Holly joined the board in December 2021.

TC: What are your duties and responsibilities as Finance Director and Tax Collector?

HL: There are too many to list here. Manage staff of 5. Oversee DMV registrations, Property Taxes, Sewer taxes, P/R, A/P, A/R. Budget and Finance reporting for City of Berlin.

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

HL: Being able to switch gears every 10 minutes. I guess driving a standard transmission car most of my life has helped.

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

HL: Direction when nuances come up. A good ear to bend to make sure I am understanding things correctly.

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

HL: ARPA, need I say more…

TC: What is the public perception about your job and how does it differ from the reality of your job?

HL: I set the tax rates for City of Berlin. I don’t set the rates, I just help facilitate the process.

TC: Has your public position changed you personally?

HL: Yes, I hide more from newspapers and cameras.

TC: Has your job changed the way you look at the role of government?

HL: Slightly.

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

HL: Fasten your seat belt, don’t take everything personal, and be as kind as possible.

Dr. Tracey Hutton

Holly Larsen

The HR REPORT

Legal Update: The Federal Pregnant Workers Fairness Act

By Anna B. Cole, Esq., Drummond Woodsum

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA). The new law requires covered employers to provide reasonable accommodations to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions. Like the Americans with Disabilities Act (ADA), the law excuses employers from providing reasonable accommodations if they would cause the employer an undue hardship. Consistent with Title VII of the Civil Rights Act of 1964, the PWFA applies all employers, public or private, who employ at least 15 employees. The PWFA goes into effect on June 27, 2023.

Pregnant employees have long been protected against discrimination in the workplace under the Pregnancy Discrimination Act of 1978 and the New Hampshire Law Against Discrimination (RSA 354-A:7, VI). Under these laws, pregnant employees, as well as individual affected by childbirth and related medical conditions, are entitled to be treated the same as their coworkers who are not affected by pregnancy, childbirth, or related medical conditions but who have a similar ability or inability to work. As discussed in the HR Report in Town and City’s January/February 2023 Issue, https://www.nhmunicipal.org/town-city-article/hrreport-employment-law-hotline-maternity-leave, eligible pregnant employees may take leave under the FMLA up to a maximum of 12 weeks. In addition, the employee may take protected leave concurrently (or if not FMLA eligible, exclusively), under New Hampshire’s maternity leave statute for the “period of temporary physical disability resulting from pregnancy, childbirth, and related medical conditions.”

Pregnancy is not considered a disability under the ADA or state discrimination law. However, pregnancy related conditions (e.g. depression, cardiomyopathy, etc.) can constitute disabilities. In those circumstances, pregnant employees, and employees affected by childbirth and related medical conditions, have been able to use the ADA to obtain workplace reasonable accommodations. With the adoption of the PWFA the reasonable accommodation obligation, as well as the obligation to engage in an interactive process

with an affected individuals, is available to any qualified employee or applicant with “known limitations” related to pregnancy, childbirth, and related medical condition. The PWFA prohibits employers from requiring employees with pregnancy-related health conditions to take leave (either paid or unpaid) if another reasonable accommodation could be provided, and the law also prohibits retaliation against employees who request reasonable accommodations.

Much of the PWFA will likely be interpreted consistent with the ADA. However, the concept of “known limitation” under the PWFA is broader than the definition of “disability” under the ADA. Essentially, a pregnant employee need not be disabled to seek an accommodation. The PWFA also expands the definition of “qualified employee.” Under the ADA, an employee is considered “qualified” if they are able to perform the essential functions of their position with or without a reasonable accommodation. The PWFA adopts this same definition but with the explicit exception that an individual will still be considered “qualified” if they are unable to perform an essential function for a temporary period, the essential function can be performed in the near future, and the inability can be reasonably accommodated.

The Equal Employment Opportunity Commission (“EEOC”), the agency charged with enforcing the PWFA, has been instructed to develop and adopt regulations implementing the law, but has not yet done so. In the meantime, the EEOC has posted a “What You Should Know” question and answer set on its website. In the Q&A, the EEOC indicates that the following could constitute “reasonable accommodations” under the PWFA: the ability to receive closer parking; flexible work hours; appropriately sized uniforms and safety apparel; additional break time; leave or time off to recover from childbirth; and excusal from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. The EEOC has indicated that it will begin accepting charges under the statute on that date related to workplace occurrences occurring on or after that date

In advance of the June 27, 2023 effective date, employers

would be prudent to review and update their policies and handbook to provide employees with guidance for requesting reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions. Employers should train supervisors regarding the change in the law and what the supervisor should do if an employee approaches them regarding a known limitation related to pregnancy. Finally, as employers currently do when employees raise disability-related concerns

and barriers in the workplace, employers should be prepared to engage in an interactive process with affected employees regarding the impact of a known limitation on their ability to do their job and potential reasonable accommodations that would enable them to perform their essential functions (or do so in the near future).

Employers with questions about discrimination, reasonable accommodations, or other employment laws or

requirements are encouraged to contact a member of Drummond Woodsum’s Labor and Employment team for assistance.

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.

Go Green! Help Us Go Digital!

Tech Insights

Cybersecurity Resilience for your Municipality

Operational technology (OT) security is crucial for local government because modern counties, cities and towns rely heavily on a complex network of interconnected systems and devices that are powered by OT. These systems include everything from traffic lights, public transportation, and energy grids to water treatment plants, emergency response systems, and more.

If these systems are compromised by cyberattacks or other security breaches, it could lead to serious consequences for public safety, public health, and the economy. For example, an attack on a city’s transportation system could lead to widespread disruptions and chaos on the roads, while an attack on the water treatment plant could compromise the quality and safety of the city’s water supply.

As the attack surface continues to expand, local governments need to become more proactive to protect critical infrastructure in order to ensure citizens are safe. It’s a challenge to local governments which tend to be resource constrained. But there are ways to overcome some of these resource challenges. First, governments can partner with private companies to help bridge the skills gap. Whether it be through threat intelligence sharing, training, technology or managed services. It’s also vital that local governments consider federal funding available via Infrastructure Investment and Jobs Act (IIJA) and other grant programs.

IIJA is often viewed as a once-in-a-generation opportunity to invest in roads, bridges, dams, water/wastewater, broadband and more. The convergence of IT and OT require

that investments in infrastructure must incorporate cybersecurity in order to protect citizens.

According to a recent article by Jim Richberg, Public Sector Field CISO for Fortinet, “Resilient cybersecurity is needed to defend infrastructures against threats to OT and IT systems. Otherwise, the growing interconnectedness of infrastructures leaves us all more vulnerable to cascading failures that can quickly spread across multiple sectors and regions. Clearly, investing in cybersecurity to protect America’s infrastructure must be a high-priority requirement in any project’s plans, especially in our hyperconnected world.”

For more information about how to better plan for cybersecurity with infrastructure investments, tune in to hear an interview with CyberScoop’s Wyatt Kash interview Jim Richberg. The two discuss the increased need for sharing threat intelligence, and steps you should consider as the wave of federal infrastructure funding begins flowing to local officials.

With proper planning and strong partnerships with the private sector, local governments can move forward with confidence that they are helping to make stronger and safer infrastructure for New Hampshire.

https://www.fortinet.com/solutions/industries/government/state-and-local

Secure Your Operational Technologies With Government Funding Webinar

12:00 noon - 1:00 pm, Wednesday, May 10, 2023

The rise in cyberattacks against critical infrastructure affects consumers, government agencies, and institutions. Compromised critical infrastructure can risk public safety and service availability for citizens. Risks such as public transit service outages, contaminated water supplies, disabled emergency communication systems, and even lifethreatening power outages can lead to societal chaos and even potential loss of life.

As public services modernize, more internet-of-things (IoT) devices connect to the network improving efficiency while also broadening the attack surface increasing the risk of cyberattack. Keeping citizen services available and safe from attack requires funding to improve cybersecurity. How do you prioritize security among other competing initiatives?

Grant funding is the answer. There are several traditional grants and stimulus funds available to protect critical infrastructure. As smart cities become more prevalent and systems become interconnected, these investments are necessary across all sectors. Whether you operate transit systems, ports, energy grids, 911 and public safety communications, or public water facilities, you can leverage grants to make necessary investments in cybersecurity.

Join Mike Lauer, Director of Fortinet Public Sector Programs, to learn about funding resources for critical infrastructure.  We will learn what Operational Technologies (OT) is and the challenges and needs of securing OT.  We will learn about best grant options and tips to secure funding, as well as best practices around implementing these projects. If your organization operates or accesses critical infrastructure systems, you will not want to miss this informational event!

https://us06web.zoom.us/webinar/register/WN_D32JeYJATJ-VkXuNVc5uuA#/registration

Member Highlight: Classified Ads Postings

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org

Member Highlight: Classified Ads Postings

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

Legal Q and A Local Regulation of Agriculture

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

Q: Is a municipality required to permit all agricultural activities as defined in RSA 21:34-a?

A: No, the definition in RSA 21:34-a only applies in a municipality that has not explicitly addressed agricultural operations or activities using that definition in its zoning ordinance.

However, if a municipality does not define the word agriculture, and does not specify in what zoning districts certain agricultural operations are permitted, then agricultural activities as defined in RSA 21:34-a shall be permitted in in any zoning district or location as either a primary or accessory use so long as conducted in accordance with best management practices guidelines adopted by the commissioner of the department of agriculture.

Q: If our zoning ordinance does define what is an agricultural use, can our zoning ordinance prohibit agricultural uses in all zoning districts?

A: No, as provided in RSA 674:32-c, I, the tilling of soil and the growing and harvesting of crops and horticultural commodities, as a primary or accessory use, shall not be prohibited in any zoning district.

Q: Can our zoning ordinance specify the permitted and prohibited forms of agricultural uses?

A: Yes, so long as the zoning ordinance permits those agricultural uses deemed permitted under RSA 674:32-c, I. Most zoning ordinances in New Hampshire are so-called “permissive” ordinances; the ordinance prohibits all uses of land unless such uses are expressly permitted (either as primary or accessory uses). To avoid any implication that

an agricultural use listed in RSA 21:34-a that is not mentioned as either being permitted or prohibited in a zoning ordinance, it would be the better practice to state that only certain agricultural uses listed in a town zoning ordinance are permitted in designated districts, and that all other agricultural uses listed in RSA 21:34-a are prohibited.

Q: Our zoning ordinance does not address whether certain agricultural activities are permitted or prohibited – how does the statutory definition in RSA 21:34-a apply in our community?

A: There are two parts to the definition of agriculture under RSA 21:34-a. Paragraph II (a) of that statute lists 11 types of uses that are deemed agriculture or farming. Paragraph II (b) delineates practices or activities that are deemed incident to or ancillary to farming operations. All of those listed uses would be deemed permitted in your community either as primary or accessory uses. In addition, all of the 8 practices or activities listed in Paragraph II (b) would deemed ancillary to any listed agricultural activity.

Q: For those agricultural uses that operate, or wish to operate, where our zoning ordinance does not explicitly address agricultural operations or activities, and the definition in RSA 21:34-a applies, what is the permissible scope of municipal regulation?

A: Any such agricultural use may be expanded or altered to meet changing technology or markets or changed to another agricultural use or activity listed in RSA 21:34-a provided the expansion complies with all federal and state laws, regulations, and rules, including agricultural best management practices guidelines. RSA 674:32-b.

Q: What is the scope of permissible municipal regulation if an agricultural use that is allowed to operate under the presumption in RSA 674:32-a wishes to commence or resume the keeping of livestock, poultry, or other animals?

A: Any new establishment, re-establishment after abandonment, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, site plan review, or other local land use board approval in accordance with the provisions of RSA 674:32-c, II and III.

Q: What is the scope of permissible municipal regulation if an agricultural use that is allowed to operate under the presumption in RSA 674:32-a wishes to commence or resume operating a farm stand, retail operation, or other on-site activity such as agritourism?

A: Any new establishment, re-establishment after abandonment, or significant expansion of a farm stand, retail operation, or other use or activity involving on-site transactions with the public, including agritourism may be made subject to applicable special exception, building permit, site plan review, or other local land use board approval.

Q: Are there any other presumptions that define the scope of municipal regulation of an agricultural use, whether that use benefits from the presumption under RSA 674:32-a or not?

A: All of the statutes that provide special protection for

agricultural uses do not exempt new, re-established or expanded agricultural operations from generally applicable building and site requirements such as dimensional standards, setbacks, driveway and traffic regulations, parking requirements, noise, odor, or vibration restrictions or sign regulations. However, if any such local regulation as applied to an agricultural use would effectively prohibit that use, RSA 674:32-c, II would require the ZBA, Building Code Board of Appeal, or any other applicable board to grant a waiver from that requirement to the extent necessary to reasonably permit the agricultural use or activity. Provided, if that waiver would have a demonstrated adverse effect on public health or safety, or on the value of adjacent property, the waiver could be denied. Furthermore, any such waiver that is granted would only continue as long as it is utilized by the agricultural use.

Q: Are there any specific limitations on the local regulation of Agritourism?

A: Yes. Under RSA 674:32-c, agritourism, as defined in RSA 21:34-a, cannot be prohibited on any property where the primary use is for agriculture, subject to the requirement in RSA 674:32-b, II that an agritourism use would still be subject to generally applicable building code and site plan review and approval. Furthermore, no municipality shall adopt an ordinance, bylaw, definition, or policy regarding agritourism activities that conflicts with the definition of agritourism in RSA 21:34-a.

Stephen Buckley is Legal Services Counsel with the New Hampshire Association. He may be contacted at 602-224-7447 or at legalinquiries@nhmunicipal.org

608 Chestnut Street Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452

“Experience Counts”

We want to be more than just your auditors! We know New Hampshire governments. Your needs come rst at Vachon Clukay & Company PC, so we’ve structured ourselves to fulfill all of your service needs. We provide the following services:

Auditing • Government Auditing Standards (GAS) Compliance

Single Audits (Federal Compliance Audits) • ACFR Reporting

MS-535 Reporting • Agreed-upon Procedures

Taxes • Reviews and Compilations

We want to be part of your team. Contact: Jarad J. Vartanian, CPA

More About NHMA’s Member Portal

YOUR ONLINE BENEFITS CENTER

With NHMA’s member portal, you can easily manage your city’s or town’s information online.

• Every member has a designated Account Administrator who can set up a member user account for elected and appointed officials

• Members-controlled areas include:

• Manage Users

• Manage Officials

• Manage Organization

• Manage Wage Data

• Manage Classified Ads

NHMA’s member portal is your go -to spot for important online benefits, including:

 Posting classified ads

 Adding or deleting local officials

 50% off member publications

 Municipal wage survey

 Webinar and workshop archive

 Court Updates

 Right-to-Know Resources

 Federal Funding and Resources

 Important Date Calendars

 Municipal Directory

 Products and Services Directory

 New Hampshire Town and City Magazine

 Legislative Bulletins

 On-Demand Training

 Financial Resources, including State Aid Grant booklet

 And much more….

After Each Election, Update Your Information with NHMA by May 31st!

After each election, we remind members to update their municipal roster. Since town meeting means reelections and new elections, we ask that you take a moment to update your information for our New Hampshire Municipal Officials Directory

Updating this information each year helps NHMA make sure it can effectively communicate and engage with municipal officials from across the state on legislative activity and opportunities for workshops, webinars, conferences, and other educational and training events.

Deadline is May 31 st . As always, we thank you for your help in making the Directory as complete and up to date as possible.

Update Wage & Salary Survey by May 31st

Every year, NHMA asks our members to update their member compensation information for the online wage survey. The information members provide allows for an annual report of the wages and salaries paid to New Hampshire municipal employees and elected officials.

NHMA makes the survey data available to members through its website: www.nhmunicipal.org. Municipal members can use this online tool to make sure that their compensation scale is competitive with other municipalities with comparable populations and budgets.

Responding to the wage survey is voluntary, but NHMA encourages all members to complete this survey every year, since widespread participation makes the data more useful.

The 2023 wage survey will be available for data entry until May 31st!

REQUEST YOUR MEMBER ACCOUNT TODAY!

1. Coordinate with your Account Administrator in creating a member website account for you (requires only your name and email address).

2. Once inputted into your local member portal, the system will send you a confirmation email asking you to create a password unique to you.

3. Create your password and your NHMA member account is complete. We hope you enjoy your online benefits.

Hard Road to Travel Hybrid Workshop

Wednesday, May 17, 2023

9:00 a.m.—12:30 p.m.

Cost: $65 in-person; $55 virtual

PROGRAM AGENDA

Join NHMA Legal Services Counsel

Stephen Buckley and Municipal Services Counsel Jonathan Cowal on May 17th for NHMA’s popular A Hard Road to Travel workshop!

This workshop will delve into the details of how roads are formed, classified and maintained, how weight limits are established, and the basics of development on Class VI roads, the attorneys here at NHMA have also conducted a review of all the legal inquiries over the past few years and will be providing insight on some of the most common road related legal issues facing towns and cities. These topics involve OHRV’s and snowmobiles, municipal liability and highway maintenance requirements, discontinuing and re-classifying of roads and more!

The workshop will help local officials understand some of the more complicated areas of highway law including a review of the local regulation of highways by the select board, mailbox location, driveway regulation by the planning board, defining the difference between a right-of-way, a public road and a private road, and determining exactly which public entity has the final say in regulating the roads within our cities and towns.

Attendees will receive a complimentary electronic copy of the NHMA's publication, A Hard Road to Travel: New Hampshire Law of Local Highways, Streets, and Trails.

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

Questions?

Please contact our Event Coordinator, Ashley Methot at 603-230-3350 or nhmaregistrations@nhmunicipal.org.

New Hampshire Municipal Association

FREE hybrid workshop for newly-elected and seasoned municipal officials and employees of member municipalities.

Local Officials Hybrid Workshop

9:00 am—4:00 pm

Thursday, June 1, 2023

Workshop is free, but pre-registration is required.

Attendees receive a complimentary copy of NHMA’s 2023 edition of the publication, Knowing the Territory.

Presented by NHMA's Legal Services attorneys, these complimentary workshops provide municipal officials with the tools and information to effectively serve your communities.

This workshop is tailored for new and experienced municipal officials. This year attendees have the option of attending in-person at NHMA’s offices in Concord or attend virtually through a live streaming Zoom broadcast.

Topics will include Governance & Select Board Authority, Right-to-Know Law – Records, Remedies and Meetings, Conflicts of Interest, Budgeting Essentials, and Land Use 101. This program will also include a presentation on hot topics pending before the New Hampshire State Legislature of concern to municipal officials.

Thank you to our sponsors:

For more information and to register visit: www.nhmuncipal.org

Guide to Effective Code Enforcement Hybrid Workshop

9:00 am—12:00 pm

Tuesday, June 6, 2023

Building inspectors, code enforcement officers, fire chiefs, health inspectors, and various other municipal officials are responsible for the enforcement of a variety of codes, regulations, and ordinances related to the use of land. These include both local regulations, such as zoning ordinances, site plan and subdivision regulations, health regulations, and the conditions of approval that accompany many land use board approvals, as well as state law, such as the State Building and Fire Code and statutes governing junkyards.

Effectively enforcing these various codes and regulations can pose a challenge to municipalities. Join attorneys from the law firm of Drummond Woodsum for this half -day hybrid workshop which will provide you with practical guidance on how to navigate the nuanced procedures associated with code enforcement, as well as practical advice in pursuing an enforcement action against non -compliant property owners. Our legal experts will address some of the most difficult issues under the law, including junkyards, dilapidated buildings, and health codes. There will be ample time for questions and answers on all aspects of the law.

Attendees will receive an electronic copy of the publication, A Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations and the 2022 Supplement. 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 payment is required. If you register but cannot attend, a recording of the workshop will be provided as long as payment has been received.

Questions? Please contact our Event Coordinator, Ashley Methot at 603230-3350 or nhmaregistrations@nhmunicipal.org

This Moment in NHMA History —

1990 – 33 years ago… NAME THAT TOWN OR CITY

3The article, 16 Things Every Citizen Should Know About Town Meetings, written by NHMA Legal Counsel, Bernard Waugh, first appeared in Town and City magazine. It will be reprinted nationally and in future editions of Town and City, and as its author rightfully encouraged readers, “An informed town is in everyone’s interest.”

4Nearly all fifty states have some preferential assessment statute for certain land uses. Some, like New Hampshire, have provisions for open space lands. In 1990, there were 231 towns having 2.4 million acres of current use land. After adjusting for non-taxable lands, this acreage represents approximately half of the remaining lands in the State.

3The Official Tourist Map of the State of New Hampshire listed over 500 cities, towns, and places in the index. For instance, Cornish, on the Vermont border, is made up of Cornish Center, Cornish Flat, Cornish City, South Cornish, and Cornish Mills. But the champion of name variations is Wolfeboro. There is a North Wolfeboro, South Wolfeboro, East Wolfeboro, Wolfeboro Center, and a Wolfeboro Falls.

Do you recognize this Town Office which is now open at the new/old location in front of the town library?

The nearby Old Town Meetinghouse, dormant since its relocation more than 16 years ago, and the town’s library give the town a municipal center that combines accessibility with town business, reading, and arts and entertainment. The Town Meetinghouse was built in 1851 and was outdated when Cumberland Farms purchased the property in 2006, where the meetinghouse sat, and offered it to the town. The New Hampshire Preservation Alliance added the meeting house to its list of historic buildings in need of saving.

The town accepted the building and raised $85,000 in donations for a simple yet monumental task that year: Moving the Old Town Meetinghouse to a grassy knoll next to the Town Library and the Old Town Hall. The asking price to build town offices in the Old Town Hall and Meetinghouse and finish the lower level of the Meetinghouse was about $1.1 million. The town used $687,690 from unassigned funds and $400,000 would come from federal COVID relief money in the American Rescue Plan Act.

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

ANSWER TO PHOTO IN THE MARCH/APRIL ISSUE: The photo on page 51 in the last issue of New Hampshire Town and City magazine is that of the Town of Grafton.

Special thanks to Marshall Buttrick (Greenfield); Barbara Vaughn (Sanbornton); and Jeanie Forrester (Tilton); who all responded with the correct answer.

Upcoming Webinar s

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

ClearGov: Embracing Technology To Overcome Common Budgeting Challenges

12:00 noon – 1:00 pm

Wednesday, May 3, 2023

Join your fellow NHMA members on May 10th from 12:00 PM to 1:00 PM for an informative live webinar exploring the challenges governments face in the digital age and how technology helps leaders work more effectively.

Learn how fellow agencies are leveraging powerful budgeting technologies to create accurate and detailed budgets in less time, and hear from guest speakers who will share their experience switching to modern tools. Don't miss this opportunity to learn from experts in the field and network with your peers.

SPEAKERS:

Nick Iacobucci, New Hampshire Market Development Executive - ClearGov; Shannon Martinez, Town Manager - Town of Sunapee, NH

Charter Government in New Hampshire

12:00 noon – 1:30 pm

Thursday, June 22, 2023

The legal authority of charter government in New Hampshire has evolved over many years and include a combination of special acts of the legislature and locallyenacted revisions and amendments adopted from time-totime under various enabling statutes.

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

Questions? Call 603.230.3350 or email NHMAregistrations@nhmunicipal.org.

Before 1963, early charters were special acts of the legislature, each tailored for the particular needs of that city or town. Over time, however, the legislature has changed the framework for charter government controlling charter adoption, revision and amendment procedures.

Join NHMA’s Legal Services Counsel, Stephen Buckley, and Municipal Services Counsel, Jonathan Cowal as they provide a brief overview of the history and legal authority of New Hampshire charter government and the municipal powers granted to this form of government.