New Hampshire Town and City Magazine, March-April 2021 by New Hampshire Municipal Association

March/April 2021

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

The 2021 Legislative Session.........................................................................10 Municipal Asset Vulnerabilty and Climate Resiliency Considerations when Developing Your CIP............................................................................12 What Exactly Do Hydrogeologists Do for Municipalities?......................16 Energy Improvements to Existing Buildings...................................................20

We’re We’re committed committed staying totostaying connected. connected.

Our commitment to our Our commitment to our communities remains steadfast steadfast as wecommunities help build andremains rebuild the as we help andus.rebuild the transforming worldbuild around We’retransforming with you all the way.around us. world We’re with you all the way. New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) has been providing New Hampshire public entities with professional investment services since 1993. The Pool is designed to meet the distinctive investment needs of cities, towns, school districts, and other political subdivisions, focusing on safety, liquidity, and a competitive yield. TO LEARN MORE

Call Beth Galperin at 1.800.477.5258 or the Client Services Group at 1.844.464.7347 or visit www.nhpdip.com Thisinformation information is is for for institutional investor This investor use use only, only, not not for for further furtherdistribution distributiontotoretail retailinvestors, investors,and anddoes does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. should consider the Pool’s investment objectives, risks, and expenses beforeStatement, investing inwhich the Pool. This and other information about the Pool is available in charges the Pool’s current Information This information is for institutional investor use only, not for further distribution to retail investors, should readinformation carefully before of theinPool’s Information may be obtained by and does This andbeother aboutinvesting. the Pool Aiscopy available the Pool’s currentStatement Information Statement, which not represent an offerortoissell or a solicitation of anwebsite offer to buy or sell any fund or the other security. Investors calling 1-844-464-7347 available on the NHPDIP at www.nhpdip.com. While Pool seeks should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by to maintain a stablethe netPool’s asset value of $1.00objectives, per share, itrisks, is possible to lose investing in the Pool. in the Pool. should consider investment charges andmoney expenses before investing calling 1-844-464-7347 or is onorthe NHPDIP website at WhileCorporation the Pool seeks An investment in information the Pool is available not insured guaranteed by theinFederal Deposit Insurance This and other about the Pool is available thewww.nhpdip.com. Pool’s current Information Statement, which or any other government agency. Shares of the areof PFM Inc.,Pool. to maintain stable net asset value of $1.00 per share, itdistributed is possible lose Fund moneyDistributors, investing inmay the should bearead carefully before investing. APool copy the Pool’sbytoInformation Statement be obtained by member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection calling 1-844-464-7347 is available the NHPDIP www.nhpdip.com. While the Pool seeks An investment in the Pool isornot insured or on guaranteed by thewebsite Federalat Deposit Insurance Corporation Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., in the Pool. Management LLC. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. (www.finra.org) is a wholly ownedand subsidiary of PFM AssetProtection member Financial Industry Regulatory Authority (FINRA) Securities Investor Management CorporationLLC. (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset

Management LLC.

Contents Table of

Volume LXIV • Number 2

March/April 2021

A Message from NHMA’s Executive Director

5 Happenings 9 Upcoming Events 24 Up Close and Personal in the Field: Cindy Kudlik 25 Up Close and Personal in the Field: Ann Bond 26 Tech Insights: Why Strong Passwords Aren't Enough – 3 Tips for a Better Password Policy 28 NHARPC Report: Regional Planning and Coordination are Critical to Addressing New Hampshire’s Housing Crisis 34 Legal Q&A: Municipal Officials vs Municipal Employees: What is the Difference & Does it Matter for Compensation & Personal Policies? 38 HR Report: Preparing for the End...Work in the Post-Pandemic World 40 NLC Report: Exploring State Interference Before, During, and After the Crisis

The 2021 Legislative Session

Municipal Asset Vulnerability and Climate Resiliency Considerations when Developing Your CIP

What Exactly Do Hydrogeologists Do for Municipalities?

Energy Improvements to Existing Buildings

44 Name That City or Town 45 This Moment in NHMA History

Cover: Photo taken by Mike McInerney, Former Director of Community Media with the Town of Milford.

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

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes Becky I. Benvenuti Natch Greyes Production/Design

Evans Printing Co.

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2021 New Hampshire Municipal Association

www.nhmunicipal.org

MARCH/APRIL 2021

New Hampshire Municipal Association

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

As of March, 2021

Shaun Mulholland -

Laura Buono - Chair Town Administrator, Hillsborough

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

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

City Manager, Lebanon

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Meredith Hatfield Councilor, Concord

Bill Herman Town Administrator, Auburn

Neil Irvine Town Administrator, New Hampton

Pamela Laflamme Community Development Director, Berlin

Cheryl Lindner Chief of Staff, Nashua

Patrick Long Alderman, Manchester

Harold Lynde Selectman, Pelham

Conner MacIver Town Administrator, Barrington

Selectman, North Hampton

Judie Milner City Manager, Franklin

Donna Nashawaty Town Manager, Sunapee

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

NEW HAMPSHIRE TOWN AND CITY

Immediate Past Chair

Jim Maggiore -

Immediate Past Vice Chair

www.nhmunicipal.org

certified public accountants

experience counts We know New Hampshire governments. Your needs come first at Vachon Clukay & Company, PC, so we’ve structured ourselves to fulfill all of your service needs.We provide the following services: Auditing Accounting Support and Training Advising Personalized “Team” Service Expertise in How Your Organization Operates Computerized Forms Operational Management Studies

We want want to to be part of your We your team. team. For contact: For personal attention contact: Robert L. Vachon, CPA CPA Jarad Vartanian, 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

A Message from the

NHMA

Executive Director Margaret M.L.Byrnes

s I’m writing this, it’s the end of January, and the legislative session is officially under way, with a slightly late—and very unusual!—start. Hearings are being held entirely or mostly virtually; the Senate has met once via Zoom, and the House has met once via drive-in at UNH in Durham, where applause was replaced with the honking of horns! The virtual hearings and virtual access allow legislators, lobbyists, and the public to engage, participate, and stay safe, as the pandemic continues to restrict our actions; in fact, on the day this issue of Town & City comes out, it will be nearly one year from New Hampshire’s State of Emergency Declaration and Stay at Home Order. But hope is on the horizon. The virtual nature of the legislative session, of course, does create some challenges— but those aren’t the only challenges. This session features a disturbing number of bills that seek to erode local control and make local governance more inefficient, such as prohibiting certain discussions in nonpublic sessions, micromanagement of the local budget process, and land use and zoning mandates. This trend of eroding local control, coupled with a long-term trend of breaking financial commitments and downshifting the costs of state-mandated programs onto cities and towns is the core fight of NHMA.

Roberts & Greene, PLLC That being said, there are also positives for local government, including legislation for

Comprehensive Governmental Auditing state aid grants for public water and sewer systems; reinstatement of a state contribuand Accounting Services tion to the retirement system; unsuspending the Meals & Rooms “catch up” formula; flexibility toContact hold virtual uspublic for: meetings, beyond the State of Emergency; and preprocessing of absentee Audits ofballots. Financial Statements

Roberts & Greene, PLLC Roberts & Greene, PLLC We do also hope that the virtual sessions will make it easier for local officials to Accuracy Governmental Comprehensive Auditing Financial Statement Preparation

Comprehensive Governmental Auditing Accounting Assistance CommunicationServices and Accounting speak or register their support or opposition for all the important bills this session. Staff Training and Accounting Services Timeliness Although NHMA’s legislative staff follows or testifies on all bills of municipal interManagement Advisory Services

Contact us for: est, it is crucial that legislators hear from local officials who are directly affected by Audits of Statements Contact for: Street legislation.Financial Directions for how to register to speak or just to take a position on both 47usHall 603-856-8005 Concord, New Hampshire Financial Statement Preparation Email: info@roberts-greene.com House and Senate bills can be found on the NHMA website: On the homepage, go Audits of Financial Statements Accuracy Accounting Assistance to “Advocacy” and then “Advocacy Services” in the drop down. Communication Financial Statement Preparation

Roberts & Greene, Roberts PLLC & Greene, PLLC Staff Training Auditing omprehensive Governmental Auditing Accuracy Comprehensive Governmental Timeliness Accounting Assistance The legislative Advisory session isServices certainly not our only focus; as most of you know, town Management oberts & Greene, PLLC nd Accounting Services and Accounting Services Communication

meeting season has been more challenging than ever. Towns are faced with evaluating Staff Training mprehensive Governmental Timeliness 47 HallAuditing Street 603-856-8005 the variety of options d Accounting Services Contact us for: Advisory Services Contact us for: for holding town meeting and elections this year due to the Concord, NewManagement Hampshire Email: info@roberts-greene.com pandemic, and our legal services attorneys are working tirelessly to answer member Audits of Financial Statements Audits of Financial Statements Financial Statement Preparation questions and constantly Contact us for: Financial Statement Preparation 47 Hall Street uracy 603-856-8005 Accuracy Accounting Assistance of Financial Statements update guidance to support Accounting Assistance Concord, NewAudits Hampshire Email: info@roberts-greene.com unication Communication Warmest regards, Staff Training Financial Statement Preparation our Staffmembers. Training Additionally, eliness acy Timeliness Management Advisory Services Accounting Assistance Management Advisory Services NHMA continues to provide cation Staff Training our training and education ess Street 47 Hall Street 603-856-8005 Management Advisory Services 603-856-8005 via virtual means, as well as w Hampshire Email: info@roberts-greene.com Concord, New Hampshire Email: info@roberts-greene.com our new Weekly Membership Margaret M.L. Byrnes, treet 603-856-8005 NHMA Executive Director Calls. Check out the Events & Hampshire Email: info@roberts-greene.com Training tab on our website! www.nhmunicipal.org

MARCH/APRIL 2021

Academy for Good Governance FREE Certificate Program The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles. Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Space is limited, and registration will open on the NHMA website in March. Attendees must attend all six courses to receive a Certificate of Completion. All classes run 5:00 pm—7:00 pm with two classes in June, two in September and two in October.

WHO CAN ATTEND? Select board members—Town councilors—School board members—City councilors Board of Aldermen—Village districts commissioners

CREATE NEW CONNECTIONS Don’t miss this chance to build your skills and connect with fellow municipal officials! Find out more:

TENTATIVE TOPICS Governance & Governing Body Authority Presented by NHMA/NHSBA

www.nhmunicipal.org/workshops

Budget & Finance Presented by NHMA

Questions?

Employment Liability/Harassment Presented by Primex Contracts and General Risk Management

Call NHMA’s Event Coordinator Ashley Methot at 603 -230-3350 or email NHMAregistrations@nhmunicipal.org.

Presented by Primex Health Care and Affordable Care Act Presented by HealthTrust Effective Public Meetings Presented by NHMA/NHSBA

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS After Each Election, Update Your Information with NHMA Please Update Your Municipal Roster by May 31st!

Most towns are beginning to hold their town meeting starting in March, so this is a good time to 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. The time has come again for all member municipalities to review, update and verify their information in the Members Features box on NHMA’s landing web page. If you think you have a member account with NHMA, but can’t see the Members Features box shown above, then click the NHMA logo in the upper left-hand corner like a reset button. If your Members Features box appears, then you have membership rights. If your Member Features box does not appear it is likely that you do not yet have a member account with NHMA. Please consult with your Account Administrator, typically someone in supervisory role such as town manager or human resource director, in creating a member account for you. To maintain the accuracy and timeliness of all submitted information, each municipal member is expected to have one or two persons handle these updates. This year’s deadline is May 31st. 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 31st. This gives the six municipalities with elections in May plenty of time to complete this assignment. As always, we thank you for your help in making the Directory as complete and up-to-date as possible.

www.nhmunicipal.org

NHMA Offers Customized “On-Demand” Training Services During Times of COVID-19 for Only $350!

Thanks to COVID-19, we’re doing things a little differently with our “OnDemands” training. Instead of having a legal services attorney travel to your city or town, we’re now offering “OnDemands” as virtual presentations via our Zoom or Teams platforms. Attendees would log in to the training program from the comfort of their home or office and attend virtually, with the ability to ask live questions of the presenting attorney. Please contact us at legalinquiries@nhmunicipal.org for more information! NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is only $350.00. If interested, please Download Fillable PDF On-Demand Order form on NHMA’s website (www.nhmunicipal. org) and follow instructions.

MARCH/APRIL 2021

HAPPENINGS from page 9

Housing Appeals Board Launches Website! Now Accepting Appeals in Accordance with RSA 679!

The New Hampshire Housing Appeals Board, established by the New Hampshire legislature during the 2020 session, has launched a website to aid in the filing of Planning and Zoning appeals in accordance with its statutory authorization NH RSA 679. Visit http://hab.nh.gov to access the website. In addition, the three-member Housing Appeals Board is now accepting Planning and Zoning appeals in accordance with its statutory authorization NH RSA 679. Case filing procedures and deadlines are outlined in NH RSA 679, which integrates the requirements of NH RSA 677:4 through RSA 677:16. Pending formal procedural rule adoption under NH RSA 541-A, the Board will operate using the statutory requirements of NH RSA 679 and the rules contained in the New Hampshire Code of Administrative Rules, JUS 800. The legislation allows pro se petitioners, or they may be represented by attorneys, professional engineers, land surveyors, or architects. The Board’s offices are located in Johnson Hall Suite 201, at the Governor Hugh J Gallen State Office Park, 107 Pleasant Street, Concord, NH 03301 – 603-271-1198 – clerk@hab. nh.gov.

Attention Public Works Directors and Road Agents! Help Track Public Works and Highway Crews Status and Impacts during COVID-19

The New Hampshire Department of Transportation (NHDOT) and New Hampshire Division of Homeland Security (NHHSEM) recognize that Public Works Agencies and Municipal Highway Crews are part of our essential critical infrastructure workforce. The State also recognizes that Homeland Security Presidential Directive 8 (HSPD-8) identifies Public Works and other skilled support personnel as first responders. While so much of the work is critical every day, there are few responsibilities more immediate and impactful to the public, and other first responders, as snow and ice control. With the potential impacts of COVID-19 to your workforces, this year the State has construct a WebEOC board to track Public Works and Highway Crews status during COVID-19. State officials are asking you to please populate this tracking board prior to January 12, 2021 and update it as needed with any changes, every Thursday and Tuesday thereafter until April 15, 2021.

Time to Update Wage & Salary Survey

The time has come again for all member municipalities to review, update and verify their wage and salary information in the Members Features box on NHMA’s landing web page: www.nhmunicipal.org. Please look for “Municipal Wage Data” in your Member Features box as the spot to update this important member information. 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

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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 cities and towns to complete it every year, since widespread participation makes the data more useful. The 2021 wage survey will be available for data entry until May 31st!

Resiliency Academy for Communities and Businesses April 7, April 21, May 5, May 19, & June 2, 2021 9:00 a.m. – 11:00 a.m. UNH Extension and NH Small Business Development Center are partnering to offer Resiliency Academy, bringing together small businesses and community leaders to work toward a resilient future. The academy will focus on the intersection of small business and community resiliency.

Resiliency Academy will explore: • Resiliency planning and business retention • Defining and measuring resilience • Value and Supply Chains • Workforce Needs and Quality of Life

CORRECTION: On page 11 of the January/February 2021 issue of Town and City, we recognized the graduates from the first class of The Academy for Good Governance. We inadvertently left out Robert Edwards, Selectboard member in the Town of Antrim. Thanks for all you do for your local government, Bob!

• Communications and Cybersecurity • Innovation, Sustainability and Partnerships

Go Green! Help Us Go Digital!

Academy sessions will include opportunities to learn from practitioners, municipal staff, business owners and experts through case studies, presentations, discussions and Q&A sessions. In addition, Resiliency Academy includes Regional Discussions, Regional Business Cohorts and the opportunity for businesses to receive advising from SBDC advisors. Participants are encouraged to attend all five sessions. To register, go to: http://bit.ly/ResiliencyAcademy

Currently our bi-monthly magazine, New Hampshire Town and City, is published as a member benefit and distributed to approximately 2,300 municipal officials across New Hampshire. We are pleased to continue to deliver the print edition to member subscribers, however, should you find the digital version sufficient and no longer require a print copy, please let us know at nhmainfo@nhmunicipal.org. or by contacting Tim Fortier. Thank you for your consideration to move from a print edition to a digital version of Town and City magazine.

www.nhmunicipal.org

Help Us Out! Go Green with Town and City!

MARCH/APRIL 2021

Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at tfortier@nhmunicipal.org

In Appreciation of Your Leadership Thank You for Your Service to NHMA! NHMA wishes to recognize and thank our officers and board members for sharing their time, their efforts, and their shared commitment, as they continually strive to improve municipal government in New Hampshire. These municipal leaders rose to the challenges brought on by COVID-19, not only the challenges each experienced in their own city or town, but also striving to improve delivery of municipal services in New Hampshire during the pandemic. Currently the 25-member Board of Directors is composed of both elected and appointed municipal officials. At its December 18, 2020 Board of Directors virtual meeting, the following officers were elected to serve for two-year terms:

Chair -Laura Buono

Vice-Chair - Elizabeth Fox

Town Administrator, Hillsboro

Assistant City Manager & HR Director, Keene

Secretary - Rick Hiland Selectman, Albany

Immediate Past Chair Shaun Mulholland City Manager, Lebanon

Thanks to all our board members who worked hard to maintain our organization through challenging times while continuing to fight for our members!

NEW HAMPSHIRE TOWN AND CITY

Treasurer - Lisa Drabik Assistant Town Manager, Londonderry

Immediate Past Vice-Chair Jim Maggiore Selectman, North Hampton

Butch Burbank, Town Manager, Lincoln Dave Caron, Town Administrator, Derry Shelagh Connelly, Conservation Commission, Holderness Phillip D’Avanza, Planning Board, Goffstown Jeanie Forrester, Selectman, Meredith Steve Fournier, Town Manager, Newmarket Meredith Hatfield, Councilor, Concord Bill Herman, Town Administrator, Auburn Neil Irvine, Town Administrator, New Hampton Pamela Laflamme, Community Development Director, Berlin Cheryl Lindner, Chief of Staff, Nashua Pat Long, Alderman, Manchester Hal Lynde, Selectman, Pelham Conner MacIver, Town Administrator, Barrington Judie Milner, City Manager, Franklin Donna Nashawaty, Town Manager, Sunapee David Stack, Town Manager, Bow Eric Stohl, Selectman, Columbia Swens Swenson, Selectman, New Durham

www.nhmunicipal.org

Upcoming

Events

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

MARCH A Statewide Cyber Summit: Managing Cybersecurity Risk for Local Government Tuesday, March 2 2:00 pm – 4:30 pm Virtual Free Event Weekly Membership Call Every Friday at 1:00 pm Get Teams Invite from Events & Training Calendar on Website Webinar: The Workings of a Planning Board Tuesday, March 23 12:00 pm – 2:00 pm USDOL/NHDOL 2021 Labor Law Virtual Workshop Wednesday, March 24 9:00 am - 12:00 noon Free to members

APRIL Weekly Membership Call Every Friday at 1:00 pm Get Teams Invite from Events & Training Calendar on Website Local Officials Workshop for Traditional Town Meeting Tuesday, April 6 9:00 am – 4:00 pm Free Virtual Workshop for newly-elected and veteran municipal officials Webinar: ZBA Basics Tuesday, April 13 12:00 pm – 2:00 pm Right-to-Know Law and Public Meetings and Governmental Records Virtual Workshop Thursday, April 15 1:30 pm - 3:30 pm Cost: $40.00 Please note that due to rapidly changing conditions in light of COVID-19, please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

www.nhmunicipal.org

MARCH/APRIL 2021

The 2021 Legislative Session By Natch Greyes, Municipal Services Counsel

not wish to speak to view the hearings on YouTube rather than Zoom as some committee chairs like to check through the Zoom list to ensure that no one who wishes to speak is missed.

Each week of the legislative session is a little busier than usual because, due to pandemic considerations, the legislature is holding committee meetings throughout the entire work week rather than the usual schedule of Tuesday through Thursday. In addition, while the House is still working on bills individually, the Senate has combined a number of related bills into omnibus packages, meaning a bit more work will be going into reconciliation this year.

Priorities this Year As always, NHMA has identified a number of priorities that it’s focusing on this year. Of course, it is a budget year, and one occurring during the economic uncertainty surrounding the pandemic, so we’re keeping a close eye on negotiations to ensure that the legislature is kept informed of municipal needs during this turbulent time. Fortunately, we’ve seen some key players acknowledge the fact that every dollar that goes to municipalities means one less dollar that municipalities must raise through property taxes.

fter a bit of a delay, the legislature is finally in full swing and things are a bit different this year. As of this writing, those of us wishing to testify are no longer required to trek up several flights of stairs. Instead, we’re merely required to trek to a room with a suitable background to Zoom-in.

Connecting to the Legislature For those municipal officials who have not yet had the opportunity to testify or view a legislative hearing but will be this session, the process is rather straightforward. The “home page” of the legislature’s website contains informational links on the right side that inform viewers of how to sign up to testify or simply view a hearing. In short, signing up to testify involves selecting either the “House” or “Senate” electronic calendar, finding the bill in the dropdown, and inputting your information. No separate email confirmation comes to your email address, but the link to join via Zoom is provided in the calendar. Once joined, the staffer monitoring the hearing will allow you to speak (and, for some committees, appear via video) at the appropriate time. Please note that legislative hearings are also live streamed via YouTube, and the legislative staff is encouraging those who either do

Of course, the budget isn’t the only priority. The events of 2020 have highlighted the need for the legislature to modify a number of laws to allow local government to run smoothly during a pandemic and assist municipalities in providing relief to taxpayers. Some of this year’s priorities include: SB 95/HB 216/HB 630 – Modifying the Right-to-Know Law to allow remote meetings. Perhaps the most requested of the bills that we’re working on this year, these three bills are all similar in that they echo Emergency Order #12’s allowance of remote meetings. We’ve heard from many municipalities that the transition to remote meetings this past year has resulted in greater public attendance and engagement at the local level. HB 379 – Allowing municipalities to provide notice of cer-

Transportation | Water& Wastewater | Solid Waste | Structural

CMA

ENGINEERS

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

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

tain meetings and hearings by publishing notice on their website rather than in a newspaper of local circulation. As many local newspapers across the state have closed, greatly reduced hours, or become entirely digital, municipalities have seen increasing costs for advertising in a medium that reaches fewer and fewer citizens.

SB 72/HB 274 – Reinstating a state contribution to the municipal employer’s share of costs to participate in the New Hampshire Retirement System. As a reminder, in the aftermath of the Great Recession, the state cut its contribution rate to 0%, down from the prior 35% that it had contributed since 1977.

Absentee Ballots – There are too many bills to list involving absentee ballots, but one area that has received a great deal of bipartisan support (and an area that our members have been very vocal in supporting) is enabling municipalities to preprocess absentee ballots as they were allowed to in 2020. Election night is always a long night, but preprocessing allows election officials to conduct the count more efficiently and send results to the Secretary of State’s Office sooner, helping New Hampshire continue to be first in the nation when it comes to counting ballots.

Seeking Member Support Even though things are different this year, some things are the same: NHMA still relies on its members to connect with their local legislators and communicate to them about our shared priorities. We also rely on our members to testify in support or opposition to bills that would affect municipal operations. You are the on-the-ground experts, and the legislature needs your expertise. The best way to know when you need to get involved in the legislative process – besides through the connections that

you’ve made with your local legislators – is to subscribe to NHMA’s Legislative Bulletin. The Bulletin runs every Friday during the legislative session (as well as containing a preview and wrapup), and it highlights bills that we have identified as being of municipal concern. Our Government Affairs staff are also happy to connect with you via phone or email about issues and bills that you have identified as a concern. We’re happy to work with you and key legislators to achieve a positive outcome, even as we’re still working within the challenging environment created by the pandemic. Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

REPRESENTING MUNICIPALITIES Land Use

Labor & Employment

Environmental Law Administration & Finance Bankruptcy

Assessment, Abatement and Tax Collection

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

Hillsborough 603.464.5578

Peterborough 603.924.3864

Portsmouth 603.436.7046

law@uptonhatfield.com | www.uptonhatfield.com

www.nhmunicipal.org

MARCH/APRIL 2021

Municipal Asset Vulnerability and Climate Resiliency Considerations when Developing Your CIP By Joseph Ducharme, Jr., PE, BCEE and Aidan Short, EIT, Hoyle, Tanner & Associates, Inc. Municipal Assets

Infrastructures in the United States provide critical services to the general population, from drinking water and wastewater treatment to transportation, electricity, and municipal buildings such as schools, public works, safety complexes, and town offices. These systems are composed of myriad elements, generally termed assets, which are owned, operated, and maintained by federal, state, and local municipal governments. Assets owned, operated, and maintained by New Hampshire municipalities tend to be of a smaller scale than those of federal and state control, and frequently include numerous components and subcomponents. For example, a wastewater treatment facility may be considered an asset, while elements of the facility such as headworks, settling basins, and chlorination basins are considered components. These municipal assets offer intrinsic value to communities, which rely on infrastructure for essential function.

and consequence of failure are used to determine risk for municipal assets. Risk is typically treated as the product of the two metrics. Municipalities can identify assets in need of service by ranking them in terms of their risk metric. Assets with the greatest risk pose the worst potential failure impacts while also being most likely to fail. Alternatively, some communities develop criticality matrices, which plot assets based on their probabilities and consequences of failure. An example of a criticality matrix is shown below in Figure 1. Prioritization of assets can be based on overall risk of failure, Probability of Failure (PoF), Consequences of Failure (CoF), or a weighted combination of these metrics – this decision is a community’s prerogative based on what factors it considers most crucial.

In many municipalities, the capital necessary for proper operation and maintenance of critical infrastructure is simply not available. Competition for funds is strong, often forcing communities to rely on reactive measures to repair and replace municipal assets following failures. Some communities have adopted asset management programs which have allowed optimization of funding priorities. This program is a framework by which municipalities manage their physical assets similarly to financial assets, with objective metrics established to assess their value, performance, and condition. Improved understanding of assets, their operation and maintenance requirements, and their useful life cycles leads to a more efficient approach for allocation of resources while maintaining a high level of service.

Figure 1: Example of criticality matrix used for asset risk assessment

Assets are vulnerable to a litany of stressors, including social, economic, and environmental factors. A key element of asset management is assessment of probability and consequence of failure for each system component. These are quantitative metrics based on qualitative observations which measure both the likelihood of an asset’s failure and the expected fallout associated with such a failure. They are largely influenced by asset age, condition, and location. Probability

The best way to manage these risks is to implement appropriate maintenance, repair, and replacement (MR&R) measures. Communities can adopt risk management criteria for this decision. This generally includes MR&R recommendations based on asset criticality. Approaches vary with asset type and municipality, but risk management strategies are contingent on what a community deems to be an acceptable level of risk for an asset.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Climate Impacts

While municipal asset management has been adopted by many communities in New Hampshire, climate change presents a wrinkle for new program implementation. Climate change is manifested in rising air and sea temperatures, an increase in both frequency and intensity of storm events, and sea level rise, among countless other impacts. These changes will affect New Hampshire communities and will influence asset management programs, mandating dedicated planning. The most obvious climate-related impact on New Hampshire infrastructure is the increased frequency and intensity of storm events. There has been a 15-38% increase in magnitude of daily extreme precipitation events in coastal New Hampshire since the 1950s, and the increased frequency of extreme precipitation events in coming years is anticipated to expand the risk and magnitude of flood events. The increase in frequency and intensity of these storms will put additional stress on almost all infrastructure moving forward. Stormwater and wastewater infrastructure could become overwhelmed by increased flows, transportation infrastructure and municipal buildings could face flooding, and power lines could be damaged by magnified storm conditions. Future development will add to the amount

Figure 3: Increases in natural disasters and extreme weather events in North America from 1980 to 2012

of impervious cover present in populated areas, resulting in more runoff, less infiltration into soil, and further possibility of overwhelmed stormwater management controls. As a result of these increased stresses on infrastructure, risk of asset failure will only increase.

Sea level rise, or SLR, is one of the most prevalent impacts of climate change. SLR is occurring globally as a result of both melting ice and thermal expansion of oceans. As sea level rises, coastal communities are at high risk, and when coupled with worsening storm conditions the risk of severe flooding and major property damage will only increase. Data suggests that relative sea level (RSL) rose by 7.5-8.0 inches in coastal New Hampshire and Southern Maine between 1912 and 2018, and future relative sea level rise (RSLR) projections suggest further increase of 0.5-2.9 feet by 2050. Impacts associated with SLR in coastal communities include tidal and groundwater inunFigure 2: 2010 culvert failure in New Boston, New Hampshire

www.nhmunicipal.org

dation as well as more extreme tidal surges. While prospects of significant SLR pose dangers to seacoast infrastructure, it will not be the only region to feel the effects. Inland communities will also face new challenges in the future. SLR could cause rising groundwater levels extending up to 3 miles inland. Changes in groundwater levels and increased salinity would negatively affect vegetation in both freshwater and saltwater wetlands and could cause inland migration of tidal ecosystems. Additionally, inland migration of the groundwater interface between freshwater and saltwater could pose a threat to drinking water supplies and impact drinking water infrastructure. SLR could also lead to inland migration of people escaping volatile seacoast conditions in coming decades. While this may be gradual, it is inevitable as coastal areas become more difficult to inhabit. As the inland populations swell there will be additional stress placed on infrastructure, likely requiring expansion-related improvements on top of the needed age-related improvements. There are significant costs to society associated with these climate-related MARCH/APRIL 2021

DEVELOPING YOUR CIP from page 21 impacts extending beyond economics and the environment. On a personal level, these impacts are manifested in the form of service interruptions, costs for repair, replacement, and emergency response, closed roads, power outages, and flooded homes, among many others. Society will be increasingly affected by climate change in the future and will be forced to face its consequences head-on. Climate impacts on humans are not isolated to storm events and SLR. Droughts are becoming more intense every year, leading to exhausted water supplies and usage restrictions. Natural disasters are becoming more common, such as hurricanes, of which the second-highest annual total were named in 2020; and wildfires, which have doubled in frequency between 1984 and 2015 in the western US.

Climate change is leading to general unpredictability in natural phenomena, which impacts humans as it impacts the environment, and the time has come for municipal capital planning to reflect these risks.

Capital Planning Process

Given potential risks to municipal infrastructure from climate change impacts, communities need to plan for the long-term. This requires an evolution in our way of thinking when it comes to capital planning. As discussed previously, municipalities have historically utilized an approach which focuses on maintenance, repair, and rehabilitation of assets in anticipation of or in reaction to failures. While this strategy works to keep infrastructure serviceable, it is neither the best option for cost-effectiveness nor for system performance. Instead, municipalities should pursue a more preventive, or, optimally, more predictive approach.

By utilizing asset management methods, communities can make betterinformed capital planning decisions. A key element of this approach is comprehensive understanding of all assets and their vulnerabilities. Implementing preventive and, ideally, predictive maintenance measures for assets based on their age, condition, and general risk reduces asset failures. This requires projecting the end of an asset’s lifespan, which is prolonged by maintenance. Minimizing failures allows communities to maximize their funding, since it is always cheaper to maintain an asset than it is to repair, rehabilitate, or replace that asset after a critical failure. This reduces the total life cycle cost of assets, which represents their lifelong financial impact, including capital cost, operations costs, maintenance costs, and repair and rehabilitation costs. Improved asset understanding provides municipalities a better grasp of anticipated spending necessary to maintain

We have all the tools to meet your needs. Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including: • • • • • • •

Municipal bonds and public finance Land use planning, zoning and enforcement Ordinance drafting Tax abatement General municipal matters Municipal employment and labor matters Litigation and appeals

We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients. Learn more about what our municipal group can do for you at dwmlaw.com.

NEW HAMPSHIRE TOWN AND CITY

dwmlaw.com | 800.727.1941

Manchester, Portsmouth & Lebanon, NH

www.nhmunicipal.org

total life cycle costs, many sustainable or energy-efficient approaches are less expensive than their counterparts due to reduced operations and maintenance costs and longer lifespans. This improved understanding of economic burden could lead to more implementation of sustainable and energy-efficient infrastructure. The benefits also extend beyond economics, as sustainable and energy-efficient approaches are better for the environment and can cultivate important ideals in society.

Figure 4: Relationship between cost and maintenance approach

level of service for infrastructure while minimizing failure scenarios. If communities can better predict spending expectations and requirements, they can plan a timeline for implementing MR&R measures to distribute capital expenditures, preventing a scenario in which failures mandate overspending budgets. This allows municipalities to optimize funding and infrastructure level of service. While asset management does lead to improved capital planning approaches, evolution of asset vulnerabilities is not always considered in active programs. Climate change already influences risk for infrastructures, and this will only increase. As a result, it is important that municipalities examine long-term

vulnerability of assets. While certain infrastructure may not currently be particularly vulnerable to, for example, sea level rise, it can and likely will see elevated risk in the future. It is very important that municipalities understand this is a dynamic situation and assess future vulnerabilities long-term to ensure that the capital planning process is fully informed. Improved understanding of assets, their vulnerabilities, and their economic, environmental, and societal costs should allow for implementation of more energy efficiency and sustainability into projects. Energy-efficient and sustainable approaches are less common than they could be because of higher capital costs. By looking at

There is room for improvement when it comes to understanding and optimizing municipal infrastructure for both level of service and expenditure effectiveness. Adopting an asset management approach with a focus on total life cycle costs and infrastructure vulnerability, particularly with regard to impacts of climate change, would allow communities to maximize both their infrastructure performance and funding efficiency. Joseph Ducharme, Jr, PE, BCEE, is Vice President & Environmental Services New England Group Manager for Hoyle Tanner. Joe can be reached via email at jducharme@hoyletanner.com, or by direct phone (603) 460-5160; and Aidan Short, EIT, is an Environmental Engineer with Hoyle Tanner. Aidan can be reached at ashort@hoyletanner.com, or by direct phone (603) 413-2858.

Providing Legal Services to New Hampshire Municipalities • • • • • • •

Planning, Zoning and Enforcement Tax Abatement Appeals Ordinance Drafting and Review Employment and Labor Water and Sewer Issues Litigation General Legal Advice

57 North Main Street | Concord, NH 03301

www.nhmunicipal.org

Contact Person: Mark H. Puffer, Esquire Preti Flaherty Beliveau & Pachios, LLP (603) 410-1500 | mpuffer@preti.com

preti.com

MARCH/APRIL 2021

What Exactly Do Hydrogeologists Do for Municipalities? By David Maclean, P.G., L.S.P., L.E.P., Senior Associate / Senior Hydrogeologist

n a hot summer evening several years ago I find myself in a stuffy, poorly ventilated meeting room as part of a zoning board of appeals process. For this application, I represent a property developer before the board. It is getting late in the evening and our matter is finally up on the agenda. I survey the board member’s body language; folks look tired and glazed but they are soldiering on. After preliminaries we get down to business. I am announced as the applicant’s hydrogeologist and a board member looks at me skeptically and asks: “ok, so what exactly is a stratified drift aquifer?” My concerned client looks at me. I need to be clear, concise, factual and not boring or verbose. I clear my throat and begin.

New Hampshire Department of Environmental Services (NHDES) prepared comprehensive maps of these aquifers in the 1980s and 1990s by compiling drilling data from supply wells, geotechnical borings, and environmental studies. These maps serve as an excellent resource for municipalities looking to develop community supply wells and are commonly consulted by hydrogeologists during early phases of supply well prospecting projects.

Hydrogeologists and the Planning Board Process

There are many issues that hydrogeologists help municipalities with ranging from helping assess and remediate municipal landfills and waste sites to helping municipal utilities find and permit sources of clean drinking water. These projects are large undertakings that may take many years to complete. Those projects are not what I want to focus on here; this column is devoted to more routine services that hydrogeologists provide daily across New Hampshire for planning board applicants and planning boards/planning departments as part of routine application review process.

Mapping Aquifers

Town Planning Boards and planning staff are generally responsible for making sure aquifer resources are protected and promoting responsible development consistent with master plans and ordinances. Aquifer resources pertain to stratified drift aquifers that can be used for large community supplies. In New Hampshire, these resources are generally located adjacent to major rivers and they are comprised of coarse sand and gravel deposits laid down when glaciers melted and retreated from the area 10,000 years ago. These coarse deposits can yield tremendous amounts of clean drinking water, with some sand and gravel wells yielding flows of over 1000 gallons per minute. Scientists with the United States Geologic Survey (USGS), working with the 16

NEW HAMPSHIRE TOWN AND CITY

Figure 1: A portion of a USGS/NHDES map showing a small stratified drift aquifer in Stratham/Exeter, New Hampshire.

Aquifer Conservation Districts

Stratified drift aquifers, while prolific are especially fragile because coarse, sandy aquifer material can transmit contaminants like gasoline, oil, and organic contaminants as easily as they can transmit water. Further, because aquifer materials were typically deposited along major river valleys, water sources are commonly located in close proximity to transportation corridors, population centers and industrially zoned land. Town planners manage the competing uses of water supply sources and industrial usage by creating aquifer conservation districts that prohibit certain land uses and require additional responsibilities for applicants looking to develop projects in the districts. These districts are commonly delineated using the regional mapping completed by the USGS and NHDES. www.nhmunicipal.org

Hydrogeologists are commonly called in by applicants and town planners when boundaries of these districts are called into question. USGS/NHDES aquifer maps were created on a regional, watershed scale and their effort focused on defining areas where aquifers were thickest and where regional water supplies could be most advantageous. Actual aquifer data at the edges of the aquifers is commonly lacking and imprecise; map authors never intended to make these maps to the level of precision required of zoning district maps. Accordingly, site geologic data is sometimes needed to map aquifer boundary in a similar way that wetlands boundaries are defined for low lying property. Applicants wishing to redefine or verify their project’s status relative to aquifer conservation district requirements will commonly hire hydrogeologists to conduct test pits, complete soil borings, and install monitoring tests to evaluate whether the project is truly located in an aquifer. These types of studies are then commonly checked by a “third party” hydrogeologist working for the Town Planner or Planning Board to critically evaluate the aquifer delineation. If the project is confirmed to be located in an aquifer conservation district, restrictions and limitations are triggered for the applicants. Many

www.nhmunicipal.org

Figure 2: Photograph of stratified drift sand and gravel exposed in a test pit

towns and municipalities adopted the NHDES Model Ordinance for Groundwater Protection which outline common land use restrictions and limitations aimed at protecting groundwater quality and quantity. Common restrictions and limitations include the following:

Excavation Restrictions:

Generally, sand and gravel extraction is limited to prevent removal within four feet of the seasonal high water table. This restriction keeps a layer of sand and gravel above the water table (technically called an un-

saturated zone) at all times. This unsaturated zone provides a filter for stormwater and runoff that may contain salt and other contaminants from reaching the aquifer.

Waste Water/Stormwater Discharge Impacts:

Community septic systems and infiltration systems installed in aquifers must be sized and located such that the aquifer can adequately assimilate the discharge. There are simple standards that are used by septic system installers to safely install individual residential systems but community or

MARCH/APRIL 2021

HYDROGEOLOGISTS from page 29 industrial systems may require robust studies and permitting. Hydrogeologists may need to perform specific studies to make sure the proposed discharge will not “mound” the water table potentially resulting in daylighting of the discharge to the ground surface. Further, hydrogeologists commonly complete nitrate loading studies to verify that nitrate (a constituent of domestic wastewater) concentrations will not exceed allowable standards at the property boundary.

Evaluation of Best Management Practices:

Land uses that could potentially impact groundwater quality are termed “potential contaminant sources (PCSs)”. Common PCSs include underground storage tanks, vehicle repair shops, manufacturing facilities that generate hazardous waste, snow dumps, metal working shops and similar land uses. These facilities can be allowed in aquifer protection districts provided that best management practices (BMPs) are implemented to limit the possibility that contaminants will be released into the groundwater. Hydrogeologists working with other environmental professionals and engineers will verify that chemicals and wastes are sited properly (commonly indoors) and that containments and controls are property designed.

Blasting Studies:

Projects that involve blasting for development or to generate aggregate for sale are a specific type of PCS which may require focused study and planning. Hydrogeologists working with blasting experts develop plans to make sure that blasting agents are safely deployed and managed to limit the chances that groundwater quality is impacted. Hydrogeologists may also inventory private bedrock water 18

Figure 3: A cross section showing the calculated mounding of the water table under a stormwater infiltration basin, Haverhill NH

supply wells in the area of the blasting project to evaluate whether blasting impacts could influence the ability of the private supply well to provide adequate volumes of water.

Implementing/Reviewing Groundwater Monitoring Programs:

It is likely that at the end of planning board deliberations that questions and concerns may remain regarding the impact of a proposed project in an aquifer conservation districts. In these cases, monitoring plans are commonly required which involve installation and sampling of monitoring wells, private supply wells, surface water levels and possibly other data to document the influence the proposed development may have on the aquifer. Hydrogeologists working for the municipality and for the applicant try to strike a balance between collecting needed information to address concerns that arose during the hearing without promoting a research project that is unnecessarily complicated or expensive. Once developed, monitoring data is collected and reports are generated, usually annually, to evaluate the project’s impact. In some cases,

NEW HAMPSHIRE TOWN AND CITY

municipalities enlist hydrogeologists to help review and interpret this data, and the NHDES is commonly copied on these studies to aid interpretation.

Tips for Retaining Hydrogeologic Experts:

Hydrogeologists are licensed as Professional Geologists in New Hampshire and municipalities are encouraged to seek out licensed hydrogeologist to assist in development negotiations However, there are many specialized types of geologists including geophysicists, remediation specialists, petroleum and research geologists, geotechnical experts, etc. In municipal planning board settings it is best to evaluate whether the professionals hired have experience with municipal processes and whether they have a track record of being able to communicate in public settings. Traits to look for include: • Knowledge and experience working for both development applicants as well as municipalities; knowing “both sides of the street” can be very helpful in promoting productive communication between applicants www.nhmunicipal.org

and municipal board members;

officials

and

• Can speak plainly avoiding jargon; geology in general and hydrogeology is filled with arcane, seemingly esoteric words. Many geologists get in this field because of the fascinating nature of earth studies and love to throw around complicated terms to demonstrate their expertise. These experts generally do not fare well in municipal setting where board members are overwhelmingly pragmatic and homeowners/well owners are rightfully emotional and concerned about the risks to their health. • Along with plain speaking, hydrogeologists need to be able to listen

empathically to homeowners and citizens; it can be difficult at times to gently educate homeowners without appearing condescending or pedantic. • Can work with attorneys; challenging applicant projects almost always involve land use attorneys who represent applicants and/or municipalities. These attorneys will value hydrogeologic experts that can find a common path forward. Most municipalities are not looking to automatically deny projects and most applicants are not looking to ignore safeguards that can safeguard water quality. The trick is working together to find practical ways to move projects forward and efficiently address project concerns.

Considering the ever-increasing environmental challenges faced by New Hampshire municipalities including climate change, drought management, per and polyfluorinated substances (PFAS), as well as the decreasing amount of developable land, the trend is toward an ever more technical planning board approval process. A good hydrogeologist can help take the mystery out of this process and can partner with you to safeguard groundwater quality and bring challenging projects to fruition. Dave Maclean, P.G., L.S.P., L.E.P., is a Senior Associate/Senior Hydrogeologist with GeoInsight, Inc. Dave can be reached via email at damaclean@geoinc. com or by phone at 603.314.0820.

To order New Hampshire Town and City magazine, call 800.852.3358, ext. 3339. $25/members • $50/mon-members

www.nhmunicipal.org

MARCH/APRIL 2021

Energy Improvements to Existing Buildings By Brian H. Neely, AIA, NCARB and Jason Wagner, AIA, LEED AP BD+C Gale Associates

ore than 70% of buildings in the U.S. are over 20 years old. This is problematic since the majority of these buildings do not meet current insulation or air infiltration requirements. In an attempt to reduce operational costs, many building owners are choosing to renovate and upgrade the thermal efficiency of their buildings to reduce energy costs. To promote this effort, leading U.S. corporations, universities, and government agencies have committed to reduce energy use by 20% over the next 10 years through reduced carbon pledges (e.g. the 2030 challenge).

Renovating Existing Exterior Walls

When an air barrier or insulation is added to an existing exterior wall assembly, the assembly’s performance and how it interacts with moisture, air, and temperature will change. Understanding how modifications will affect the existing assembly and whether the existing assembly can manage the new building physics is critical. The condition of the existing building wall will dictate the level of modifications the

Photo 1: Exterior insulation and ACM rainscreen being installed over an existing precast concrete panel wall facility.

building can handle and what repairs may need to be performed prior to initiating thermal improvements. For this reason, a building condition survey is critical to understanding the condition and performance of the existing assembly. Since no two walls are the same and since their current condition will vary based upon wall design, quality of original installation and materials used, weathering, and level of proactive maintenance; the proposed modifications may vary greatly.

Exterior Insulation

Figure 1: U.S. Energy Information Administration. Majority of buildings were built before 1999 and account for 54% of current building stock. Energy codes started being implemented after the year 2000.

NEW HAMPSHIRE TOWN AND CITY

Typically, there are two methods of insulating existing walls: either on the exterior or the interior. The exterior renovation is often the preferred option as the insulation can be installed continuously without having to perform interior renovations or make accommodations for floor slab, structural frame members, or interior walls. Additionally, any imperfections in the existing wall may be able to remain in place and be protected from exterior weather. www.nhmunicipal.org

Photo 2: 2D thermal performance model of an exterior insulation retrofit of an existing concrete panel facility.

When installing an exterior insulating system, the thermal and moisture barriers are shifted out to the exterior insulation layer, which is outboard of the drainage plane and structural members. Over the long term, this would provide the longest lasting assembly. While it may require periodic maintenance to maintain the new exterior cladding, the structure and the interior environment would be isolated from the exterior weather and could be expected to last longer than with an interior option.

Photo 3: Spray Foam Insulation installed behind metal studs on interior side of existing precast concrete panels.

of a stud frame wall assembly, the removal and replacement of the exterior sheathing allows the engineer to review the condition of the stud walls and for removal of the existing batt insulation. Any moisture-damaged insulation or deteriorated studs can be replaced. If the existing stud cavity insulation is not removed, a thermal analysis should be performed to confirm that the dew point will remain outboard of the air and vapor barrier. A vapor permeable barrier may be considered.

Interior Insulation

Exterior insulation is not always possible due to property line concerns, difficult access, the historic nature of the existing building facade, or aesthetic value of the building. When insulating the building from the interior, the condition of the exterior wall becomes more important as the new wall will experience more freeze/thaw cycles than it did previously, which can be a significant issue especially with masonry structures or other porous

This method also addresses thermal bridging issues that occur in older metal and wood stud walls that experience significant insulation R-value loss due to the lack of continuous insulation. For instance, metal studs will reduce the effective R-values to 55% of the stated value on the label4. For instance, an R-21 batt installed within a 6” stud has an effective R-value of R-7.4. By increasing the exterior insulation, the thermal barrier shifts outward as does the potential dew point. An exterior insulation project can match the performance expected in new construction. These assemblies generally consist of an exterior cladding, air cavity, continuous insulation, and air or vapor barrier. In the case www.nhmunicipal.org

Photo 4: Spray Foam Insulation installed behind metal studs on interior side of existing precast concrete panels.

MARCH/APRIL 2021

ENERGY IMPROVEMENTS from page 29 materials. Additionally, the building will still experience thermal bridging through the floor slab, interior walls, and other structural elements that are not removed and are not accessible. For instance, in the northeast, many older solid masonry structures are being renovated to improve energy efficiency and comfort. These uninsulated load bearing masonry wall assemblies are being renovated by incorporating insulation inside the face of the exterior wall systems, replacing windows with insulated glazings and replacing the roof systems. When working with existing masonry walls, an analysis should be performed to determine whether the existing wall systems function adequately with respect to dew point location and moisture accumulation over time. Unlike the cavity wall masonry veneer of the newer constructions of today, these multi-wythe, transitional-period exterior wall systems undergo consistent wetting and drying cycles. As there were no vapor barriers in the system, the wall is often able to seasonally adapt; to dry from the interior or exterior of the assembly (depending on which side is heated), while limiting the potential of condensation and frost inside the

Photo 6: Thermal image of an interior renovated masonry building; yellow areas indicate thermal bridging of existing structural elements.

walls. While this type of wall system is not optimal in terms of energy efficiency, it performs hygrothermally well over time and has a good performance history when maintained. Research indicates that the use of fibrous insulation (e.g. fiberglass, rockwool, etc.) will be inadequate to eliminate water vapor transport through air exfiltration from the interior. The incorporation of a continuous vapor barrier on the warm side of the insulation is difficult to achieve and presents a problem with allowing the wall to dry to the interior. Although closed-cell SPF insulation can act as an air barrier, the thickness of SPF applied should be carefully considered to ensure the thickness provided is sufficient for it to allow some inward drying potential and not function as a complete vapor barrier. Another consideration is that the addition of insulation within a solid masonry assembly results in a shift in the temperature gradient and the natural wetting and drying cycles of the wall. Without the correct placement and correct physical characteristics of the air barrier, insulation, and vapor permeable layers; newly insulated walls can experience moisture accumulation that results in freeze/thaw cycling within the wall. This can lead to deterioration of the new interior wall com-

Photo 7: Thermal bridging of slab edge at an interior insulated project.

NEW HAMPSHIRE TOWN AND CITY

ponents and original wall assembly. Although a thermographic analysis can indicate that a renovated solid masonry building can experience less heat loss than the uninsulated building; it is important to note that some areas, such as at building corners, changes in plane of building elevations (i.e. areas adjacent to stairwells), and around floor slabs can be difficult to thermally isolate from the interior. This can cause thermal bridging through the newly installed insulation. It is important to note that a hygrothermal analysis must be performed on each individual wall system to determine the appropriate insulation thickness and determine what types of barriers should be considered. Evaluating the exterior surfaces to identify all defects (e.g. cracked or spalled masonry, open or cracked mortar joints, and failed sealant joints) is necessary so that repairs can be performed prior to performing interior energy upgrades.

Testing

Before insulating an existing wall, it is important that the wall is airtight. In an effort to identify performance issues of an existing wall assembly, there are multiple types of testing that can be considered. Several standards can be used to determine acceptable rates of air infiltration. Air infiltration

Photo 8: Infrared picture of existing buildings indicating air infiltration from between windows and rough openings.

www.nhmunicipal.org

standards for new construction are typically predetermined by the owner and designer, and reflect requirements designated by state or local building codes. These standards include associations such as the Air Barrier Association of America (ABAA), the U.S. Army Corps of Engineers (USACE) and the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE). ASHRAE indicates that buildings with “average” air leakage have an approximate ACH50 rating of 3.9, “tight” rating of 1.3, and “leaky” rating of 7.0 or higher. These tests include, but are not limited to, blower door testing, smoke machines and infrared thermography (IR), each of which can be executed to aid in identifying areas of air infiltration. It is often the case that the most prolific areas of air infiltration occur at

window perimeters, floor to wall transitions, and wall/ceiling penetrations.

Summary

Building retrofits are an option that should be considered by many owners to extend the service life of existing facilities, as opposed to new construction. Renovations that involve the repair or replacement of the building exterior offer a great opportunity to perform thermal and air-tightness upgrades to the building enclosure. Diagnostic methods, such as blower door testing and infrared thermography, can help identify existing building enclosure deficiencies, as well as quantify the enclosure performance of a newly retrofitted building. Performing both pre- and post-retrofit testing can provide valuable information regarding the success of the retrofitting

 Telecommunica�ons  Tax Assessment  Eminent Domain

upgrades, in addition to which area(s) of the facility may be considered for future retrofit upgrades. Brian H. Neely, AIA, CDT, BECxPSM, 800-659-4753, bhn@gainc.com. Mr. Neely is an Associate and Senior Project Manager for Gale’s Building Enclosure Design and Consulting Group. He performs building enclosure evaluations and designs focused on building repairs, restoration and energy conservation. Jason Wagner, AIA, LEED® BD+C Gale Associates, Inc., 800-659-4753, jw@ gainc.com. Jason Wagner, AIA, LEED® BD+C, a Project Manager for Gale Associates, Inc.’s Building Enclosure Commissioning Group, has close to 25 years of experience. He specializes in building enclosure evaluation and design focusing on performance and energy conservation.

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.

Special counsel services include:  Appellate  Water  Labor & Employment  Growth Control  Li�ga�on  Land Use & Planning Also available for conict counsel services

 U�lity & Infrastructure  Police  Environmental

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

WWW.DTCLAWYERS.COM

DONAHUE, TUCKER & CIANDELLA, PLLC E‐mail: info@DTCLawyers.com

Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers

www.nhmunicipal.org

MARCH/APRIL 2021

UP CLOSE & In the Field

PERSONAL

elcome to Up Close and Personal – In the Field, a regular column in New

he ce.

Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Cindy Kudlik, a Selectboard member in the Town of Grafton. Cindy is a recent graduate of The Academy for Good Governance. Congrats Cindy!

TC: What are your duties and responsibilities as Selectman? CK: RSA 41:8 says the Selectmen are to manage the prudential affairs of the town. This could be everything from hiring and firing employees to taking complaints about the roads or the dump to signing payment requests for everything from payroll to office supplies and being at the polls every election day. There is so much more to it than just going to a meeting or two a month.

Cindy Kudlik

Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

TC: What is your biggest challenge in performing your duties? CK: Getting people involved in solving their own issues. For instance, there are some people in our town that have been riling each other up on Facebook over broadband and complaining that “the Selectmen failed to bring broadband to Grafton.” After explaining the situation to them and pointing out that other towns formed committees years ago, we gave them our blessing to form their own committee to see what could be done. Not one person has taken us up on that offer. In a town like Grafton, of all places, people shouldn’t be relying so heavily on the government to take care of their every need. TC: How has NHMA helped you to do your job? CK: NHMA has helped me do my job in so many ways. It’s great that you can search on the NHMA website for just about any topic and find information. NewsLink always has useful information including upcoming training and events. The weekly Legislative Bulletin keeps me abreast of pending legislation. I’ve even used the Employment Hotline as well as having specific questions answered via telephone or email. But without a doubt the most valuable to me is the wide range of training, now mostly via webinar, to learn more about almost every aspect of a Selectman’s responsibilities. TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? CK: During deliberative session this year one of the Budget Committee members thought that the budget printed on the warrant was wrong. She thought the gross basis portions of several department budgets should not have been included in the town’s operating budget. It took a bit of a memory search to remember how the budget was created, but after a brief recess we finally got her to understand that it was correct and avoided having the budget reduced to an amount that did not include gross basis income sources which would have left us unable to spend those moneys as intended because they wouldn’t have been appropriated. TC: Has your public position changed you personally? CK: Yes, my skin’s gotten much thicker. Taking things personally can leave you running in circles and worrying about all the wrong things. I’ve also learned to offer more grace, to myself, as well as others. TC: Has your job changed the way you look at the role of government? CK: Yes, I think the government plays too big a role in many people’s lives and we’ve learned to be too dependent on others. What saddens me in our town, in particular, and probably other towns are going through the same challenge, is a lack of people willing to get involved. We have a very small group of people that are willing to run for any office, let alone do the work needed to be done. I’m grateful for the folks here in Grafton that step up to serve and wish more people would want to do the same. TC: What lessons about human nature have you learned in your role? CK: That most people just want to be heard. Also, that honest answers or admitting you don’t know something will garner more trust and respect than being a “politician” and trying to tell people what you think they want to hear.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

elcome 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. In this issue, we hope you enjoy meeting Ann Bond, Chair of the Board of Selectmen in the Town of Pembroke. Ann is a recent graduate of The Academy for Good Governance. Congrats Ann!

TC: What are your duties and responsibilities as S electmen? AB: The selectmen serve as a town’s chief executive b ody. We have overall responsibility for the general operationsof town government. We write all the municipality budgets, we are directly involved in personnel hires, and to facilitate Selectmen meetings to address issues in the town and allow residents to voice their concerns. TC: What is your biggest challenge in performing your duties? AB: Helping residents understand the difference between what they want to have the Town look like or what can legally be done. I would say another hurdle is getting resident engagement through volunteer programs or committees. TC: How has NHMA helped you to do your job? AB: NHMA has given me valuable resources and a unique perspective which has allowed me to analyze my day-to-day responsibilities a bit differently. They are our voice in the government.

Ann Bond

TC: Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty? AB: The Energy committee voted to convert the non-LED light poles to more energy efficient lights. In the process of trying to complete the conversion, I found many discrepancies in the current light pole inventory and needed to verify each light pole. This took many nights and weekends of traveling through the town and identifying each pole and had many meetings with the Energy provider to be sure the job was completed accurately and made sure they came in on budget. TC: What is the public perception about your job and how does it differ from the reality of your job? AB: The Selectmen can fix anything. The public can always approach the Selectmen with any issues they have and the Selectmen will listen and guide them to a solution or the reason why they can’t get the results they want.

www.nhmunicipal.org

TC: Tell us a story about an unusual experience you have had while doing your job. AB: Once the decision was made to convert all the light poles in my town, I took on the task of getting the job completed accurately and on budget. Not realizing that not only did this mean many emails and meetings with the energy supplier, I also needed to go out and verify each and every light pole. Also, after the meetings with the supplier, I again had to go out and verify each and every pole. This took many hours of driving all the roads in my town. Many residents and my local police stopped to question what I was doing. It was a lot of fun. TC: Has your public position changed you personally? AB: Change is such a tricky word, I would say my public position has allowed me the opportunity to become more responsive and inspired to meet the needs of the township. Made me more aware of the status of our residents and where there is a need for more assistance in their daily lives. It has made me more aware of the Town’s Master Plan and how our residents would like the Town to look like in the future. TC: Has your job changed the way you look at the role of government? AB: It has given me more knowledge in how the state government affects local government. The laws in NH allow residents to have local control over their town. This is very important as what works in other towns does not always in our town. I have become aware of how important it is to get our residents to get involved with their community and most importantly to vote. MARCH/APRIL 2021

Tech

Insights By Joe Howland, VC3

Why Strong Passwords Aren’t Enough – 3 Tips for a Better Password Policy

e recently heard an anecdote from a security executive that illustrates the need for much stronger password policies at municipalities. (We altered the details of the anecdote to protect our source. However, the gist of the anecdote will make his point clear.) An organization in New Hampshire has 1,000 employees. During a security audit, 117 employees were found to be using the password “GraniteState2019.” Immediately, the security executive implemented a stronger password policy that caused employees to reset their passwords and eliminated the chance of such a common password from being used in the future. What’s interesting is that each employee selected their password individually, thinking it was unique! None of the 117 people knew about anyone else’s “unique” password. Many employees know not to use “password” anymore, but a problem persists. Sports teams, TV shows, celebrities, pet names, and children’s names don’t make strong passwords. They are too common. Here are three ways tips for a better password policy—from good to better to best.

Good: Strong Passwords

Enforcing the use of strong passwords avoids the issue of employees choosing common or easily hackable words and phrases. Strong passwords may be: • Passphrases: A passphrase is a long phrase easy for you to remember (such as “Theredh0rseis2fast!”) but hard for hackers to guess. The longer a password, the more difficult it becomes to hack. You would still need to mix in a few numbers and symbols for good measure. • Complex Passwords: While not as memorable as a passphrase, a complex password involving a string of letters, numbers, and symbols can also still work as a less hackable password. Strong passwords are a good tactic, but hackers can still crack them with enough effort. 26

NEW HAMPSHIRE TOWN AND CITY

Better: Password Manager

If you haven’t heard about password managers, they are services that automatically generate strong passwords, remember all your passwords, and encrypt them. Once implemented, they tend to work smoothly in the background and make your life easier. Some benefits include: • Automated generation of strong passwords: A password manager can automatically generate strong complex passwords for you and encrypt them. • Shoring up employee password weaknesses: With a password manager, employees cannot use weak passwords or reuse the same password across multiple accounts. • Ease to support adoption: Implementing a password policy becomes easier for employees resulting in a password policy that’s actually used and enforced.

Best: Two-Factor Authentication (2FA)

Despite what you may hear about its inconvenience, 2FA dramatically increases your login security. • Large reduction in the chance of getting hacked: In 2018, a Verizon Data Breach Investigations Report noted that 81 percent of company data breaches occur because of poor passwords. With 2FA, you add an extra step that makes it much, much more difficult for a hacker to succeed. While 2FA isn’t hacker-proof, it places an additional barrier—physical access to your smartphone—in front of the hacker to overcome. • Ease of use: 2FA works when you get a code through text messaging or an easy-to-install app (such as Duo Mobile or Microsoft Authenticator) that gives you a randomly generated code every 30 seconds or a “push notification” where you just press OK to confirm your login. • No IT investments or infrastructure needed: 2FA is cheap. It’s often baked into existing applications and the implementation generally involves receiving a text or installing a free app on a smartphone. We encourage you to explore the options discussed above and www.nhmunicipal.org

implement the strongest password policies possible. Weak passwords put your city at risk. About Joe Howland  Joe has been in the IT industry for over 20 years and has extensive IT management experience that spans multiple industries. A UCLA grad with a degree in Mathematics Computation with a Computer Specialization, he worked

www.nhmunicipal.org

with Computer Sciences Corporation for 10 years supporting defense and financial sector contracts. Joe joined VC3 in 2009 and during his time with VC3, Joe has performed in the role of Virtual CIO for some of VC3’s largest government customers. Joe is currently VC3’s Chief Information Security Officer and is responsible for VC3’s IT security as well as advising on security for VC3’s customers.

About VC3  VC3 is a leading managed services provider focused on municipal government. Founded in 1994 with offices across the east coast, VC3 forms partnerships with municipalities to achieve their technology goals and harness their data. In addition to providing comprehensive managed IT solutions, VC3 offers cybersecurity, website design, custom application development, and business intelligence services. Visit www.vc3.com to learn more.

MARCH/APRIL 2021

NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

Regional Planning and Coordination are Critical to Addressing New Hampshire’s Housing Crisis By Todd Horner, Planner with the Southwest Region Planning Commission Alex Belensz, Planner with the Upper Valley Lake Sunapee RPC Kaela Tavares, Community & Economic Development Planner with the North Country Council James Vayo, Project Manager, Southern New Hampshire Planning Commission The New Hampshire Association of Regional Planning Commissions (NHARPC) is the affiliation of the nine regional planning commissions (RPCs) in the state of New Hampshire. These RPCs include: Central NH Regional Planning Commission; Lakes Region Planning Commission; Nashua Regional Planning Commission; North Country Council; Rockingham Planning Commission; Southern NH Planning Commission; Southwest Region Planning Commission; Strafford Regional Planning Commission; and Upper Valley Lake Sunapee Regional Planning Commission.

he primary role of a Regional Planning Commission (RPC) is to support local municipalities in their planning and community development responsibilities. This is done in a variety of ways such as: • Assisting communities in preparing local planning documents, • Providing technical assistance and general guidance to local land use boards, • Helping to secure funding for transportation and other infrastructure projects, • Working with municipalities to obtain and administer state and federal grant programs, and • Reducing costs to municipalities through regional coordination and intermunicipal cooperation. New Hampshire faces a housing shortage that is affecting urban and rural areas alike. There is growing recognition that a lack of housing options is stifling our economy, harming businesses’ ability to recruit employees, placing financial hardship on many working and middle-class families, and, in some cases, leading to housing insecurity and homelessness. This recognition is backed up by the data. Over the past couple of years, rental vacancies have hovered in the range of 1-2%, well below the 5% that’s recognized as an indicator of a balanced market. About half of all renters are “cost-burdened,” paying more than 30% of their income on housing costs. The inventory of homes for sale continues to fall and sale prices continue to climb, often beyond the means of first-time homebuyers.

NEW HAMPSHIRE TOWN AND CITY

It has become abundantly clear that the state’s housing crisis is not going to solve itself. Proactive effort, creativity, and collaboration are required to move the needle on housing. With that in mind, New Hampshire’s regional planning commissions are stepping up to promote dialogue, build relationships, and develop strategies critical for addressing the state’s housing needs. This article provides a few examples of how regional planning commission are contributing across the state.

Manchester Housing Task Force

As the largest city in state, Manchester exemplifies how statewide housing affordability challenges are impacting New Hampshire’s urban areas. In 2019, the greater Manchester region faced rental vacancy rates below 2%, while the state’s unemployment rate rose to 6.5%. The result was a doubling in the number of chronically homeless people within the state. Given the scale of the issue, Manchester Mayor Joyce Craig announced the creation of a housing task force. Mayor Craig’s address stated that “the task force will provide recommendations that respond to both the assumptions and the realities of affordable housing in Manchester.” Composed of real estate professionals, community leaders, developers, community stakeholders, and housing advocates, the Task Force quickly got to work identifying issues affecting housing production and affordability. Southern New Hampshire Planning Commission (SNHPC) Project Manager James Vayo participated on the Task Force and its Zoning,

www.nhmunicipal.org

Regulations, and Land Use Subcommittee. The Subcommittee recommendations include: • Matching the production of rental units to a healthy vacancy rate; • Adoption of the City’s master plan update; • A rewrite of the City’s zoning ordinances and development regulations to reflect the master plan’s vision; • A revision of the City’s building and fire codes to match the State’s; and • Adoption of affordable housing recommendations by the Center for Ethics in Business and Governance at St. Anselm College. St. Anselm College had previously undergone its own study of housing issues and provided insight to housing in Manchester. Recommendations identified changes to address afford-

ability and focused on providing solutions to density limiting regulations. Restrictions on housing in business districts, limitations on lot coverage, setbacks, frontages, and ADU regulations were all identified as holding back development. Each recommendation allowed for marginally higher density, effectively increasing allowed residential density across the entire City in a distributed way. The intent was to maintain neighborhood character while allowing hundreds of new units on lots which have sat vacant or underutilized for years.

Keys to the Valley

The greater Upper Valley region’s housing market is large and complex. Major employers attract a large, diverse workforce. Two converging interstate highways enable swift commutes around the region. The region has a housing shortage and affordability challenges; there are notable

unsheltered populations as well. Communities on both sides of the Connecticut River are part of a regional housing market with common challenges, albeit with differing housing regulations, policies, and programs. With these challenges in mind, Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) partnered with two neighboring region planning commissions in Vermont to undertake the Keys to the Valley regional housing study. The study is based on a robust public engagement. In addition to online surveys, UVLSRPC has conducted focus groups, collected personal stories of people’s homes, connected with housing providers, convened advisory experts, published a newsletter, and hosted a website. This approach provides a diversity of perspectives that paints a more complete picture of the region’s housing needs than relying on

Your Partner — Always We’re here for you. In addition to offering comprehensive coverage and risk management training, Primex3 consultants are always available to help you navigate challenges – including Human Resource and Legal matters, Cyber Security concerns, and much more. We know your needs are evolving, and so are we. Not sure? Give us a call.

800.698.2364 Bow Brook Place 46 Donovan Street Concord, NH 03301-2624

www.nhmunicipal.org

Trust. Excellence. Service.

Offering Property & Liability, Workers’ Compensation, and Unemployment Compensation Programs to NH municipalities, schools, counties and special districts.

800-698-2364 603-225-2841 www.nhprimex.org

MARCH/APRIL 2021

NHARCPC from page 29 data alone. The study found that an aging population will likely increase demand for housing units, even in communities with little projected change in overall population. The study also highlighted the unique needs of supportive housing providers and the populations they serve. The relationship between housing development patterns and municipal fiscal health was another important finding. The region’s municipalities can add needed housing in ways that are consistent with community character by focusing on “missing middle” housing types, such as duplexes and other small, multi-unit structures. Next steps include compiling findings and recommendations into an online

toolbox, and then sharing that toolbox with local leaders for feedback and further discussion. UVLSRPC plans to move forward together with local communities and other partners to address the region’s housing needs.

Monadnock Housing Roundtable

Most of the housing challenges felt across the state are mirrored in the Monadnock Region of southwest New Hampshire. Examples include rising rents and sale prices, dwindling inventory, a mismatch between older housing stock and the shifting needs of today’s households. Overcoming these challenges will require a proactive approach and coordination among different housing stakeholders, including municipalities, employers, developers, homebuilders, real estate professionals, the non-profit sector, and others. Recognizing a need for collaboration and multi-sector dialogue, SWRPC

PROBLEM PROBLEM PROBLEM SOLVING PROBLEM SOLVING SOLVING SOLVING It’s our strong point It’s our strong point It’s our strong point It’s our strong point

civil & environmental engineering civilwww.underwoodengineers.com & environmental engineering www.underwoodengineers.com

civil &&environmental engineering civil environmental engineering www.underwoodengineers.com www.underwoodengineers.com

NEW HAMPSHIRE TOWN AND CITY

organized the Monadnock Housing Roundtable, a group that meets on a recurring basis to discuss regional housing issues and potential strategies for responding to the housing crisis. The group grew out of an event held in late 2019 by the Greater Keene Chamber of Commerce to highlight housing as an important regional issue. Since then, the group has been meeting virtually throughout the pandemic, which underscores the fact that the need to address the region’s housing challenges has become only more apparent during the public health emergency and economic downturn. Thus far, the primary role of the Roundtable has been to open a space for housing stakeholders to discuss challenges and to share resources on a regional scale. This is important for a few reasons. First, while much of land use policy is decided at the local level, housing issues and markets span municipal boundaries. The region (and the state’s) housing issues will be difficult to overcome if we try to address them with each local community working in isolation from one another. Second, a regional forum like the Roundtable provides a support network for local advocates. It creates a venue for sharing information, tools, and experiences. Third, it provides a connection between housing policy and advocacy work occurring at the state level and local efforts. Moving forward, the Roundtable’s work will involve prioritizing particular goals and objectives to focus on. To date, Roundtable members have expressed interest in a number of areas, including the role state legislation might be able to play in shifting policy and incentives at the local level. Activities could also include outreach to additional partners, such as major employers in the area, in order to build a wider coalition interested in effecting change. The group may also consider how to sustain their efforts over www.nhmunicipal.org

the long term—is there an organizational model that’s best suited for sustaining outreach and advocacy work in the years to come? We won’t solve our collective housing challenges overnight, but through efforts like those of the Monadnock Housing Roundtable, there’s hope that collaboration and collective creativity will move use towards a brighter housing future.

Facilitating Housing Outreach and Discussion with North Country Businesses

There is no singular solution for the affordability, accessibility, and supply challenges that characterize segments of NH’s housing market today. Meeting these challenges will take the education and cooperation of a diverse group of stakeholders; a group that must reach far beyond the longstanding housing advocates of our communities to engage private citizens, businesses, and organizations collaboratively to understand how housing impacts different aspects of our communities. In the northern third of the state, North Country Council’s (NCC) staff is working alongside our business community to understand how housing challenges impact the success of individual businesses and overall health of our economy.

gether to discuss the opportunities and barriers exist for business investment in housing and brainstormed methods for both coordinated and individual action and investment.

Working Towards the Housing We Need

While housing challenges may vary in detail from region to region, there are more commonalities than differences when looking across the state. Even in areas not experiencing strong population growth, a lack of housing options threatens the prosperity and well-being of local communities. While the toll of the housing shortage falls most heavily on disadvantaged and vulnerable populations, it also impacts a far wider range of families and members of the workforce, including medical staff, teachers, public safety employees, and other professionals. In the end, the housing crisis affects all of us. We collectively depend on nurses to keep us healthy, first responders to keep us safe, grocery workers and food service staff to keep us fed, and many other members of the workforce—our neighbors—to keep our communities functioning on a daily basis.

tained effort - and the regional planning commissions aim to work with their member municipalities and other stakeholders every step of the way. Todd Horner is a Planner with the Southwest Region Planning Commission and can be reached at 603.357.0557 and via email at thorner@swrpc.org; Alex Belensz is a Planner with the Upper Valley Lake Sunapee RPC and can be reached at 603.763.2212 or via email at abelensz@uvlsrpc.org; Kaela Tavares is a Community & Economic Development Planner with the North Country Council and can be reach at 603.444.6303 or via email at ktavares@nccouncil.org; and, James Vayo is a Project Manager with the Southern New Hampshire Planning Commission and can be reached at 603.669.4664 x307 or via email at jvayo@snhpc.org.

Luckily, a broad cross-section of partners is interested in making progress. The coalitions that are forming span This fall and winter NCC has completpolitical persuasions, economic seced a series of key informant interviews, tors, and interest groups. The state’s surveys, and focus groups, to discuss regional planning commissions are housing with our aging seniors, young contributing to the effort by sharing professionals, social service providers, information and resources, facilitating municipal leaders, builders, realtors dialogue, and keeping the issue front and lenders, and businesses to underDirectoryand ad:center. Overcoming the state’s stand our regions housing needs and housing challenges will require a susopportunities from multiple points of view. In particular, NCC staff met with representatives of the business Providing Utility and Special Purpose Property USPAP Compliant community to discuss how our short Valuations & Assessment Reports for Generation, Transmission supply of housing, and lack of housDistribution of Electric, Gas, Water, Oil, Telecommunications ing options within financial or physiCable TV, Wireless, and all Forms of Renewable Energy. cal reach of our local workforce impact Regulatory, Policy, Expert Witness, Eminent Domain Consulting Offices in Portsmouth and Lancaster, NH their daily operations, ability to grow, Phone: (603) 788-4000 email: gsansoucy@sansoucy.com and to contribute to their thriving communities. Participants joined to-

George E. Sansoucy, P.E., LLC

www.nhmunicipal.org

MARCH/APRIL 2021

CONCRETE REPAIR & OVERLAY MORTAR

Before

After

Elephant Armor® DOT Grade Concrete Repair Spalled or Cracked Sidewalks? Uneven Slabs and Elevations? Repair Instead of Replace at Lower Cost with Same Results. Elephant Armor can handle all of these with a permanent repair that is open to traffic in 60 minutes.

Before

After

Before

After

IDEAL CONCRETE BLOCK CO.

Westford & Waltham, MA ■ www.PaversbyIdeal.com 800-24-IDEAL ■ info@IdealConcreteBlock.com

CALL TODAY FOR A NO OBLIGATION DEMONSTRATION! 32

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

GoGreen! Green! Go Green! Help Us Go Digital! HelpGo Us Go Digital! Go Green!

Help Us Go Digital! Digital! Help Us Go Currently our our bi-monthly magazine, New Hampshire Currently bi-monthly magazine, New Hampshire

Town and our City,bi-monthly is published as a member benefit and Currently magazine, New Hampshire Town and City, is magazine, published asHampshire a member benefit and Currently New distributed to bi-monthly approximately municipal officials Town and our City, is published as 2,300 a member benefit and Town and is published as2,300 a member benefit and distributed to approximately 2,300 municipal officials distributed toHampshire. approximately municipal officials across NewCity, distributed to approximately 2,300 municipal officials across New Hampshire. across New Hampshire. across New Hampshire.

We are pleased to continue to deliver the print edition to We are pleased to continue to deliver the print edition to digimember subscribers, however, should you find tothe We are pleased to continue to deliver the print edition We are pleased to continue the print edition to member subscribers, however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, and noshould longeryourequire print copy, tal version sufficient and no longer require a print copy, member subscribers, however, find the digital version sufficient andnhmainfo@nhmunicipal.org. no longer require a should print copy,you please let us knowatat please let us know nhmainfo@nhmunicipal.org. or byor by please let us know at nhmainfo@nhmunicipal.org. or by contacting TimFortier. Fortier. tal version sufficient and no longer require a print copy, contacting Tim contacting Tim Fortier.

please let us know at nhmainfo@nhmunicipal.org. or by Thank you foryour yourconsideration consideration to move a print Thank your consideration move from a print Thank you you for for totomove from afrom print contacting Tim Fortier. edition to of of Town andand CityCity magazine. edition to aa digital digitalversion version Town magazine. edition to a digital version of Town and City magazine.

Help Us Out! Go Green with Town and City! Help Us Out!Thank Go Green Green Town and City! you with for consideration Help Us Out! Go withyour Town and City! to move from a print Contact TimothyFortier, Fortier,Communications Communications Coordinator, atat603.226.1305 oror at and Contact Timothy Coordinator, 603.226.1305 at edition to a digital version of Town Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or atCity magazine. tfortier@nhmunicipal.org tfortier@nhmunicipal.org

tfortier@nhmunicipal.org

Help Us Out! Go Green with Town and City! Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at March tfortier@nhmunicipal.org

7-10 2021

Your Advocacy is More Important than Ever JOIN HU ND REDS OF LOCAL LEAD ERS TO SHARE ID EAS AND BU ILD POLICY SOLU TIONS FOR THE F U TU RE OF AMERICA’S CITIES, TOW NS AND VILLAGES.

www.nhmunicipal.org

MARCH/APRIL 2021

Legal

Q and A Municipal Official vs Municipal Employees: What is the Difference & Does it Matter for Compensation & Personal Policies? By Natch Greyes, Municipal Services Counsel

t its core, the purpose of electing officials is to allow the voters to hold those they elect accountable for their actions while in office. If the voters do not like the job the elected representative is doing, they can choose to vote for someone else in the next election. If the voters are generally satisfied with the job performed, they will, presumably, reelect the incumbent. That theory underpins the relationship between municipal officials and employees. Whether select board member, town clerk, tax collector, moderator, or any number of other local officials, the voters have a choice in who serves. That’s not the case with employees. Employees are hired by the governing body (unless otherwise specified in the statutes) and their employment is governed by the municipality’s personnel rules.. The division between municipal official and employee can be confusing, especially for those municipal officials just coming into office, and we find that the relationship between the two position is the subject of many of our legal inquiries at this time of year. Here are some of the common questions that we field. Q. Under New Hampshire law, what is the difference between a municipal official and a public employee? A: Although RSA chapter 41 is helpfully titled “Choice and Duties of Town Officers” and lists a number of required and optional municipal officers (also known as municipal officials), that chapter does not actually distinguish between officials and employees of the municipality. That distinction is found in the New Hampshire Public Employee Labor Re-

NEW HAMPSHIRE TOWN AND CITY

lations Law (RSA 273-A:1). It states, in relevant part, that a “public employee” is “any person employed by a public employer except: (a) Persons elected by popular vote; (b) Persons appointed to office by the chief executive or legislative body of the public employer; (c) Persons whose duties imply a confidential relationship to the public employer; or (d) Persons in a probationary or temporary status, or employed seasonally, irregularly or on call. For the purposes of this chapter, however, no employee shall be determined to be in a probationary status who shall have been employed for more than 12 months or who has an individual contract with his employer, nor shall any employee be determined to be in a temporary status solely by reason of the source of funding of the position in which he is employed. The first two categories are, really, the key distinction for municipalities. Elected and appointed officials – largely those listed under RSA chapter 41 – are distinct and separate from the ordinary duties and responsibilities required of “employees.” Q. Is there some sort of ‘at-a-glance’ test we can use to determine whether someone may qualify as an “employee” or “municipal official”? A: Yes. Municipal employees, just like all other employees, are hired based upon the job description and qualifications that the employer – the governing body – has decided are appropriate for that particular job. While those qualifications must comply with any relevant non-discrimination

www.nhmunicipal.org

laws, generally, the employer is free to require whatever qualifications that it wishes. Municipal officials, on the other hand, are only required to meet a few basic statutory qualifications that the municipality cannot alter. All municipal officials, whether elected or appointed, must take an oath of office. RSA 669:9. They must also be U.S. citizens. RSA 91:2. All elected municipal officials must be domiciled in that municipality. RSA 669:6. A municipality with a charter may require up to a one-year residency requirement before a person runs for elective office. RSA 49-C:9 and RSA 49-D:3, I(d). If an elected official moves out of the municipality during his or her term, the official will be deemed to have resigned at the time they moved. RSA 654:1, II. In addition, employees generally work

for the employer until one (or both) of them decide to dissolve the relationship. Municipal officials, on the other hand, serve for the time specified in the relevant statute. For example, select board members serve for threeyear terms. RSA 41:8. After the expiration of their terms, officials may stay on in their positions but only so long as it takes to elect or appoint and qualify their successors. See RSA 41:57-a. Q. How do municipal employees differ from municipal officials when it comes to compensation? A: Municipal employees have their compensation set at the time of hiring by the governing body or other person authorized to negotiate compensation. Typically, this will entail either an hourly or salaried rate along with any ancillary benefits – e.g. health and

other insurance, retirement contributions, etc. – all in accordance with state law. Municipal officials, in contrast, have their compensation set by town meeting. This may either be through separate warrant article or a dedicated line in the detailed chart of accounts which clarifies the general budget warrant article. Once compensation is set by town meeting, the official “earns” that compensation regardless of the number of hours actually worked. Q. What control does the governing body have over employees compared to municipal officials with regard to work hours and work product? A: Municipal employees, regardless of what department they may be as-

Basic Loan Requirements:

The Bond Bank’s Next Bond Issue will be on July 13, 2021 July 2020 Bond Sale Results True Interest Cost for: 5 year loans 10 year loans 15 year loans 20 year loans 25 year loans

.57% .86% 1.37% 1.67% 1.97%

Are you planning a capital project for 2021? 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. Visit our website at www.nhmbb.org.

www.nhmunicipal.org

• Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion

Bond Bank Team: Jill McNeil, Gail Egounis, Tammy St. Gelais

MARCH/APRIL 2021

LEGAL Q&A from page 29 signed to in the municipality, are ultimately subject to the supervision of the governing body or, if applicable, town manager. See RSA 37:6. The governing body may adopt work rules – such as personnel policies – and enforce those policies in accordance with the relevant labor and employment statutes. Employees who violate those rules may be disciplined or fired. Municipal officials, in contrast, are generally not subject to supervision by the governing body. (The major exception being the highway agent. RSA 231:62). They set their own hours – subject to any building rules adopted by the governing body – and perform the tasks assigned to them by the statutes. They cannot be removed from office except as specified in the statutes. For example, the governing body may remove, without notice, any collector of taxes, town clerk, or any treasurer, who, in their judgment, has become insane or otherwise incapacitated to discharge the duties of the office. RSA 41:12. (It would be wise to consult with legal counsel before doing so, however). If the ill or non-performance of an elected official does not rise to the level of requiring removal by the governing body, the only recourse is for the voters to elect someone else to the position at town meeting.

Q. How should the governing body, budget committee, and human resources deal with raises, time-off, and overtime for employees versus municipal officials? A: Municipal employees are protected by a number of state and federal laws that do not apply to municipal officials. For example, the minimum wage and overtime compensation requirements of the federal Fair Labor Standards Act apply to most municipal employees but do not apply to officials. 29 U.S.C. §203. Municipal employers must comply with New Hampshire’s Minimum Wage Law (RSA chapter 279), and the Protective Legislation statute (RSA chapter 275), which covers a wide variety of subjects including hours of work, payment of wages and discrimination. Other protections that apply to employees but not officials include worker’s compensation (RSA chapter 281), unemployment compensation (RSA chapter 282-A), maternity leave (RSA chapter 354-A), the federal Americans with Disabilities Act (42 U.S.C. §12101), and the federal Family and Medical Leave Act (29 U.S.C. §2611). In most municipalities, these various laws that apply to municipal employees are incorporated into the personnel policy, personnel handbook, or other policies adopted by the governing body. Those policies set the rules

for time-off, overtime, and other ancillary benefits received by employees. Raises for employees, of course, are determined by the governing body and, although they are often conditioned on and administered after a vote by town meeting on the budget, they may be given at any time of the year – regardless of the outcome of the town meeting vote – through reallocation of funds via the transfer authority contained with RSA 32:10. As stated above, municipal officials, in contrast to employees, generally have their compensation set by town meeting and “earn” that compensation regardless of the number of hours actually worked. The governing body does not have the authority to adjust the compensation of elected officials, only town meeting does. Thus, municipal officials may acquire additional compensation by persuading voters to increase the line dedicated to their compensation. In addition, municipal officials are not subject to personnel policies and other workplace rules. If they want time off, they can simply take it. If the voters disagree, they can elect someone else at the next town meeting. Natch Greyes is Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

WHAT WE DO Structured Cabling and Fiber Optics Telephone Systems and Hosted/Cloud Based Solutions Security Cameras  Access Control IT Networking and Computers  Audio/Visual and Paging “We keep people connected.” 462 W. Main Street, Hillsborough, New Hampshire 03244 Phone: (603) 464-4600 or (800) 992-7266

Visit us at: www.arcomm1.com

Email us at: info@arcomm1.com

NEW HAMPSHIRE TOWN AND CITY

Serving NH Municipalities for 35 Years www.nhmunicipal.org

November17-18, 17-18,2021 2021 November November 17-18, 2021

November 17-18, 2021 80TH Annual Conference and Exposition

80TH Annual Conference and Exposition 80TH Annual Conference and Exposition

80TH Annual Conference and Exposition

SAVE the THESE DATES! SAVE THESE THESEDATES! DATES! SAVE

SAVE THESE DATES!

Bringing you inspiring speakers, a vast array of educational programs, networking opportunities, and a exposition hall! Bringing you inspiring speakers, a vast array of educational Bringing younetworking inspiring speakers, a vastand array of educational programs, opportunities, a exposition hall!

programs, networking opportunities, and a exposition hall!

Bringing you inspiring speakers, a vast array of educational programs, networking opportunities, and a exposition hall! www.nhmunicipal.org

MARCH/APRIL 2021

The

REPORT

Preparing for the End...Work in the Post-Pandemic World By Mark T. Broth, Esquire

sk any teacher and they will tell you that over the long summer vacation, students take a step backwards. The first month of the new school year is often a refresher on the lessons learned during the prior school year. Once refreshed, students are ready to focus on, and absorb, new material. Teachers will also tell you that after summer vacation, students need a refresher in what is, and is not, considered to be acceptable school behavior. The first few weeks of the school year are often a time when rules and expectations need to be reasserted and when students need to be reminded that there are behavioral norms and standards that must be followed. For municipal employees, the pandemic has been, in some ways, like that long summer vacation. Not that employees have had time off or leisure; to the contrary, many have worked harder than ever as they perform their regular duties while trying to keep themselves, their coworkers, their families, and the community safe. But the pandemic has required employees to take a vacation from normal workplace interactions. Employees are necessarily distanced from their co-workers, have less interaction with community members, and have generally been forced to be less social. The anticipated lifting of pandemic restrictions will bring an end to this long, unwanted “vacation” from social interaction. Given the length of time that has passed since restrictions were put in place, and the exuberance that may accompany the return to a mask and social distancing-free work environment, it is reasonable to assume that there will be some slippage in employee understanding of, and adherence to, the norms and standards of workplace behavior. Employers are responsible for assuring that employees have a clear understanding of what is expected from them. For example, many employers have been pandemic-flexible and forgiving on tardiness and attendance, dress codes, and other work rules. Employers who intend to return to prepandemic norms will need to inform employees of these

NEW HAMPSHIRE TOWN AND CITY

changes, and make it clear which rules and policies will be restored and what the consequences will be for a failure to meet behavioral and performance expectations. All public employers (hopefully) have developed policies prohibiting discrimination and harassment, workplace violence, retaliation, and other prohibited behaviors. Employers have also provided training (again, hopefully) in support of those policies. Employee slippage in these areas could result in financial liability and workplace disruption. Employers should assume that pre-pandemic lessons may have been forgotten and that employees will need to be refreshed on these important subjects. Employees may also need reminders on how they are expected to deal with the public and the professionalism expected in the performance of their duties. In anticipation of the return to “normal,” employers should consider reviewing, updating, and reissuing workplace conduct policies. Updated policies should include any pandemic changes that are being made permanent (I am not sure that I will ever wear a tie again) and those that are being set aside in favor of pre-pandemic standards. Employers should also provide employees with training in support of those reissued policies. Making expectations clear should reduce the risk that the ability to remove the mask is not seen as license to misbehave. Mark Broth is a member of Drummond Woodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2021 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

www.nhmunicipal.org

New Hampshire Municipal Association Free VIRTUAL workshops for newly-elected and seasoned municipal officials and employees of member municipalities.

2021 Local Officials Workshops

Free Virtual Training Event!

SAVE THESE DATES! 9:00 am—4:00 pm, Tuesday, April 6, 2021 9:00 am—4:00 pm, Tuesday, May 18, 2021 Presented by NHMA's Legal Services attorneys, these complimentary live virtual workshops provide municipal officials with the tools and information to effectively serve your communities. This workshop is tailored for new and experienced municipal officials. Topics will include the Right-to-Know Law, managing local government in a pandemic, ethics and conflicts, running effective meetings, town governance, municipal roads, budget and finance and more. This program will also include a presentation on hot topics pending before the NH Legislature of concern to municipal officials. Ample time allowed for questions, answers, and discussion.

Attendees will receive a complimentary copy of NHMA’s 2021 edition of the publication, Knowing the Territory.

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

www.nhmunicipal.org

MARCH/APRIL 2021

Exploring State Interference Before, During, and After the Crisis

he COVID-19 pandemic has fundamentally altered daily life, brought the economy to a screeching halt, and has challenged every level of government.

Cities, towns, and villages not only face challenges confronting the virus, but in confronting state interference in their response as state preemption has severely limited or outright prevented local leaders from implementing the policies their communities need. Preemption has a long and complex history. It has been used to set minimum standards to protect people, but it has also been used to prevent cities from implementing tailored policies to serve their residents. This paper explores how the preemption doctrine has been used before and during the crisis to limit how municipalities were, or were not, able to respond. This paper also explores where cities and states have been able to work together; what the future may hold in the face of a continuing crisis; and options for cities to address this state interference in a proactive way.

To learn more, download report from NLC’s website here: https://www.nlc.org/resource/preemption-and-the-covid19-pandemic/

What is Preemption? Preemption is when a higher level of government removes or limits the authority of a lower level of government. The impact on people’s well-being, health, and economic situation can be severe. During the COVID-19 pandemic, for example, states preempted local governments from being able to enact mask mandates, meaning local leaders could not make mask-wearing mandatory in their local communities. At times, these states were not implementing any sort of mandate at the state level. Preemption is neither inherently good nor bad. Preemption can be used to set minimum standards or can be used in policy areas that should be left to the state. The misuse and abuse of preemption, however, represents state interference, where the higher level of government unnecessarily constrains the actions of local leaders. For instance, states implementing emergency orders during the pandemic to close businesses to prevent the spread of the virus across the state.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

public

www.nhmunicipal.org

MARCH/APRIL 2021

VIRTUAL

WORKSHOP

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

WHEN: Thursday, April 15, 2021 1:30 pm—3:30 pm

COST: $40.00 WORKSHOP DESCRIPTION: Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called "nonmeeting"), in light of the COVID-19 epidemic. The attorneys will also provide guidance on handling governmental record matters arising under the Right-to-Know Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. This virtual workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced. Attendees will receive an electronic copy of NHMA's updated publication, A Guide to Open Government: New Hampshire's Right-to-Know Law. Additional materials such as the PowerPoint presentation and handouts will also be distributed electronically.

REGISTRATION DETAILS: Ashley Methot, Events Coordinator 25 Triangle Park Drive Concord, NH 03301 603.230.3340 amethot@nhmunicipal.org www.nhmunicipal.org

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Access to Employment Law Attorneys

at NO COST! Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.

What Can You Expect? Drummond Woodsum attorneys will be available to answer employment-related questions --before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Drummond Woodsum

will keep confidential any information which it receives relative to the employment matter. Who Can Call the Hotline?

The Hotline is a service available to only administrators, managers, department heads and elected officials from NHMA city and town members, and only concerning questions regarding employees subordinate to the caller. For example, the Hotline will not respond to inquiries from a department head regarding the authority of a town manager, or from a town manager regarding the authority of elected officials.

Is There a Fee? The Hotline is FREE, available at no charge, to NHMA city and town members, and will provide up to ½ hour of legal advice per employment issue. It is anticipated that most general employment law questions can be answered in less time.

Got an employment issue? Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.

www.nhmunicipal.org

MARCH/APRIL 2021

NAME

THAT

TOWN OR

CITY

? ?

Originally granted in 1762 with the name Woodbury, the town was regranted as this town in 1773. According to the Town’s website, “The influence of the town’s economic history can be seen on today’s landscape, land use, and land ownership patterns. Like much of the North Country, most of the land was owned by paper companies. Today’s forests represent regeneration following years of logging. The many small ponds dotting the landscape were once used to hold surplus water, which when released, contributed to the great log drives where pulp logs were conveyed via the Connecticut River to mills in Groveton. Logging roads and camps on paper company land opened the door for four-season forest recreation. Sale of large tracts of paper company land enabled public acquisition of lands for limited public recreation and conservation. Nash Stream Forest, the largest of these acquisitions, lies in this area.” When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the May/June 2021 issue. ANSWER TO PHOTO IN THE JANUARY/FEBRUARY ISSUE: The photo on page 42 in the last issue of New Hampshire Town and City magazine is that of the town hall and offices in the Town of Lee. Thanks to Marshall A. Buttrick (Greenville), Diane & Liz (Charlestown), Karen White (Litchfield), and Ron Fontaine and Ashlee Crosby (Swanzey) who all responded with the correct answer. Thanks so much for playing along with us!

WEEKLY WEEKLY MEMBERSHIP MEMBERSHIP FRIDAYS AT AT 1:00 1:00 PM PM FRIDAYS

NEW HAMPSHIRE TOWN AND CITY

Please Join Us on Fridays! Please Join Us on Fridays! Get Teams Invite on NHMA’s Calendar of Events: Get Teams Invite on NHMA’s Calendar of Events:

https://www.nhmunicipal.org/event/nhma-weekly-membership-call https://www.nhmunicipal.org/event/nhma-weekly-membership-call

www.nhmunicipal.org

— This Moment in NHMA History — 34 years ago… NHMA created its first and initial website, http://www.nhmunicipal.org, for the benefit of New Hampshire municipal officials and the world to be able to find NHMA and a host of other municipal resources. The site went live in February and received an average of 1,800 monthly hits. The decline of state and federal aid to cities and towns and the increased pressure to reduce property taxes caused many to begin looking at user fees to support certain government services. A survey of public attitude toward government done by the US Advisory Commission on Intergovernmental Relations showed that the idea of supporting municipal services through user fees rather than taxation grew more popular over the past decade.

NHMA released A Hard Road to Travel Handbook, a comprehensive publication on the laws of local highways, streets, and trails, in 1997. At the time, NHMA’s Legal Counsel, Bernie Waugh, proclaimed this manual was “something no municipality should be without.” This Handbook remains one of NHMA’s most popular member publications today.

www.nhmunicipal.org

MARCH/APRIL 2021

Workshops & Webinars for New Hampshire’s Municipal Officials 2021 Webinar Series Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right-to-Know law, legislative overviews, code enforcement, cybersecurity, elections, and more. (No fee)

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

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

Budget & Finance Workshops Traditionally held in two locations—north and south each year in September. Includes The Basic Law of Budgeting Handbook, and addresses a variety of topics regarding the municipal budget process. (Fee charged)

Return to live, in-person events has been delayed. NHMA will continue to offer remote or online training for the foreseeable future. Municipal Land Use Law Conference Full-day event held in the fall in collaboration with the New Hampshire Office of Strategic Initiatives (NHOSI) with multiple sessions on land use related topics. (Fee charged)

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

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

There’s always more at www.nhmunicipal.org For registration information, visit www.nhmunicipal.org under Calendar of Events. Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Has Your City or Town Ordered NHMA’s Right-to -Know Law Book Yet? If not, it’s time to order NHMA’s new reference guide for public officials when confronted with the numerous legal issues surrounding New Hampshire’s Rightto-Know Law.

“Must-have” reference guide for every city and town !

Only $55 for Members $95 for Non-members

Order Today

e ernm oov g w La n w e n p Right-to-K omo pshire’s ide Nt ew Ha a gu

MUST HAVE

Includes Top Ten Compliance Tips Public Meeting & Governmental Records Posters Is it a Meeting Flow Chart Remote Participation Checklist And More!

The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law. As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

Go to NHMA’s online store at www.nhmunicipal.org/shop to order your reference copy today!

www.nhmunicipal.org

MARCH/APRIL 2021

The Workings of a Planning Board Tuesday, March 23, 2021 12:00 pm—2:00 pm This webinar is geared for new planning board members and alternates, as well as seasoned veterans who want a refresher course on planning board basics.

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

Join Legal Services Counsel Stephen Buckley, Municipal Services Counsel Natch Greyes, and NHOSI Principal Planner Michael Klass, who will discuss what is a completed application, the timeline for planning board review, conducting meetings and public hearings, the use of third-party consultants, the zoning amendment process, scattered and premature development, off-site exactions, innovative land use controls, driveways, the Right-to-Know Law and more. This webinar is open to all NHMA members and will benefit not only new Planning Board members, but also governing bodies, and other land use board officials who want to better understand the different roles and responsibilities of various municipal officials in these positions.

ZBA Basics

Tuesday, April 13, 2021 12:00 pm—2:00 pm As a new volunteer member of your local Zoning Board of Adjustment (ZBA), you just don't know where to start to learn about your new responsibilities. That's why NHMA is hosting a webinar designed specifically for new board members including a basic overview of the organization, powers, duties, and relevant statutory and case law authority to make your public service both more enjoyable and productive.

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

NEW HAMPSHIRE TOWN AND CITY

Join Legal Services Counsel Stephen Buckley, Municipal Services Counsel Natch Greyes, and NHOSI Principal Planner Michael Klass, who will share their expertise on how to keep your board's affairs in order (including rules of procedure), the do's and don'ts for conducting meetings and hearings, your board's issuance of decisions, and its rehearing procedures. Understanding the role of the ZBA through the granting of relief from the strict terms of the zoning ordinance through variances, special exceptions and administrative appeals. This webinar is open to all NHMA members and will benefit municipal officials and other land use boards who want to better understand the different roles and responsibilities of municipal officials in these positions. www.nhmunicipal.org

Serving the Needs of New Hampshire Municipalities for Over 30 Years

Relevant Experience Effective Solutions Valuable Results

MUNICIPAL TECHNOLOGY SYSTEMS Cloud or Local Server Installations New Hampshire Based and Focused

Municipal Resources, Inc.| Municipal Technology Systems 603.279.0352 | info@mrigov.com www.mrigov.com

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Spring: Brighter Days, New Beginnings, Hope HealthTrust provides the benefits and resources your employees and retirees need to stay healthy and enjoy the promise of a new season. • • • • • • •

Comprehensive coverage plans Exceptional services Helpful online tools and resources Slice of Life wellness program HealthTrust 360 programs Wellness Coordinator program LifeResources Employee Assistance Program

Working together makes us all stronger and we deeply appreciate all you do to keep New Hampshire’s communities safe and healthy.

800.527.5001 | www.healthtrustnh.org

New Hampshire Town and City Magazine, March-April 2021

Articles inside

NHARPC Report: Regional Planning and Coordination are Critical to Addressing New Hampshire’s Housing Crisis

Legal Q&A: Municipal Officials vs Municipal Employees: What is the Difference & Does it Matter for Compensation & Personal Policies?

This Moment in NHMA History

Tech Insights: Why Strong Passwords Aren't Enough – 3 Tips for a Better Password Policy

Up Close and Personal in the Field: Ann Bond

Up Close and Personal in the Field: Cindy Kudlik

Happenings