New Hampshire Town and City September - October, 2016

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September/October 2016

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue:

See Annual Conference Center Spread Field of Dreams: How Tax Increment Financing Can Help Development Dreams Come True.......................8 A Capital Improvements Plan is Not Just a Wish List.... 13 The Science of Games and Budgeting.......................17 Financing Capital Projects..........................................21



Contents Table of

Volume LIX • Number 5

September/October 2016

3 A Message from the

8

Field of Dreams: How Tax Increment Financing Can Help Development Dreams Come True

13

A Capital Improvements Plan is Not Just a Wish List

17

The Science of Games and Budgeting

46 Legal Q and A: Multi-Year Contracts

21

Financing Capital Projects

Center Spread: NHMA’s 75th Annual Conference

27

Committees Complete Work on 2017-2018 Legislative Policy Recommendations

NHMA Executive Director

5 Happenings 7 Upcoming Events 40 Up Close and Personal in the Field: Ruth Ward 43 Up Close and Personal in the Field: Scott Bryer 44 Tech Insights: Stop Digging Through Old Records

Cover Photo: Scott Snyder, a professional photographer and resident of Henniker.

New Hampshire Town and City Magazine Staff

Executive Director Editor in Chief

Judy A. Silva Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes Barbara T. Reid Art Director

Scott H. Gagne

Production/Design

Scott H. Gagne

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 2016 New Hampshire Municipal Association

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SEPTEMBER/OCTOBER 2016

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New Hampshire Municipal Association

Board of Directors The Board of Directors oversees NHMA’s league services. The board is comprised of 25 local officials elected by NHMA member municipalities.

Seated, left to right: Chris Dwyer (Councilor, Portsmouth), Stephen Fournier (Town Administrator, Newmarket; Immediate Past President), Donna Nashawaty (Town Manager, Sunapee; Treasurer); Scott Myers (City Manager, Laconia; Chairman), Shelagh Connelly (Selectman, Holderness; Vice Chairman), Elizabeth Dragon (City Manager, Franklin), Elizabeth Fox (Assistant City Manager/Human Resource Director, Keene), and Elaine Lauterborn (Councilor, Rochester). Standing, left to right: Eric Stohl (Selectman, Columbia), Ben Bynum (Clerk/Tax Collector, Canterbury), Bill Herman (Town Administrator, Auburn), Hal Lynde (Selectman, Pelham); Phil D’Avanza (Planning Board, Goffstown), John Scruton (Town Administrator, Barrington), Brent Lemire (Selectman, Litchfield), Teresa Williams (Town Administrator, Wakefield), Patrick Long (Alderman, Manchester), David Caron (Town Administrator, Jaffrey), Shaun Mulholland (Town Administrator, Allenstown) and Jim Maggiore (Selectman, North Hampton). Missing: Candace Bouchard (Councilor, Concord), Butch Burbank (Town Manager, Lincoln), Priscilla Hodgkins (Clerk/Tax Collector, New Castle), Nancy Rollins (Selectman, New London) and David Stack (Town Manager, Bow).

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NEW HAMPSHIRE TOWN AND CITY

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A Message from the

NHMA

Executive Director Judy Silva

A

s you receive this issue of Town and City magazine, New Hampshire’s state primary election date—September 13—will be upon us. We hope you have been asking the candidates about local government issues—road maintenance, water and sewer update projects, and state aid, for example. It is never too early to make elected or soon-to be-elected officials aware of city and town issues they can help with in the legislature.

NHMA has notified the primary candidates for governor that we will be hosting a Gubernatorial Forum on Friday, October 7th so that the two final candidates can address municipal officials directly on issues important to city and town governments. This will not be a debate, but rather an opportunity to meet with the candidates one at a time to ask questions and listen to their ideas. Please mark your calendars and plan to attend.

MUNICIPAL ENGINEERING Supporting NH Municipalities Since 1962

TRANSPORTATION

Roads, Bridges, Sidewalks, Traffic, Airports

SITE DEVELOPMENT Civil/Site, Stormwater, Survey, Permitting

NATURAL RESOURCES Wetlands, Dams, River Restoration

We recently sent to each member municipality the 2016 edition of State Aid to Municipalities: History and Trends. It does not show a pretty picture. Municipalities lost hundreds of millions of dollars in state aid during the recession so the state could balance its budget, and even though the economy is improving and the state is reporting budget surpluses, that state aid has not been restored. Is it any wonder property tax rates continue to climb? All candidates for the legislature and governor should be asked about this! We’ll be talking more about state aid at the Workshop for City and Town Councilors, Mayors and Aldermen, on September 17th, and at the September 20th and 27th Budget and Finance workshops, in Manchester and at Attitash, respectively. The State Aid booklet will also be posted on our web site, so that you can share the information—read it and weep, and then get active! Registration opens in September for NHMA 75th Annual Conference and Gala! Along with the superior programming you have come to expect at the conference, we will also be celebrating our anniversary with a special dinner and entertainment on the Wednesday evening of the conference. We look forward to seeing you, so please plan to join us! There is more information about all of these events in this magazine, and you can always call if you have any questions.

WATER/WASTEWATER Collection, Treatment, Storage, Distribution

FACILITIES

Warmest regards,

Mechanical, Electrical, and Structural Engineering

Bedford 603-637-1043 Laconia 603-524-1166

Judy Silva NHMA Executive Director

www.dubois-king.com

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Tuesday, September 20

Puritan Conference & Event Center, Manchester, NH

Budget & Finance WORKSHOP

Tuesday, September 27

Attitash Grand Summit Hotel, Bartlett, NH

9 a.m.— 4:30 p.m. Cost: $80 Continental breakfast & lunch provided.

Attendees will receive a copy of NHMA’s 2015-2016 edition of The Basic Law of Budgeting: A Guide for Towns, Village Districts, and School Districts, including the 2016 Supplement!

Understand the Municipal Budget Process This full-morning session will walk attendees through the municipal budget process focusing on appropriations, separate v. special warrant articles, amendments, transfers, “no means no,” lapses, multi-year contracts, unanticipated revenue, financing options, and estimating appropriation and revenue impacts on the tax rate, among other topics. In addition, the presenters will address the role of official budget committees and specific requirements for SB 2 towns and districts. Presented by: Stephen Buckley, NHMA Legal Services Counsel, Margaret Byrnes, NHMA Staff Attorney and Barbara Reid, NHMA Government Finance Advisor

You Have Questions? We have Answers!

This always popular Q&A session will provide answers to your burning budget questions as well as inquiries posed by other participants. So bring those gnawing budget questions to the NHMA panel of experts. We’ll do our best to answer on the spot, and if we can’t (which happens on rare occasions) we promise to follow up with you after the workshop. Presented by: Stephen Buckley, NHMA Legal Services Counsel, Margaret Byrnes, NHMA Staff Attorney and Barbara Reid, NHMA Government Finance Advisor

Budget Comparisons Made Easy

Ever wonder how your public safety budget compares with other municipalities your size? Or the 10-year history of your own public works appropriations or motor vehicle registration revenue? How does your year-end fund balance as a percentage of property tax revenue compare to municipalities across the state? This session will offer easy answers to these types of questions and other budgetary comparisons through the use of the NH Public Finance Consortium’s redesigned data model. Sponsored by: NH Government Finance Officers Association Presented by: David Salzer, Principal and Justin Lowe, Director of Operations, Axiomatic, LLC

“A Little Help from My Friends”

It’s always nice to have friends willing to donate or bequeath money for specific municipal projects or help raise money for other municipal purposes. But there are special laws regarding the custody, control and regulation of these gifts including legal and fiduciary responsibilities for Trustees of Trust Funds, LibraryTrustees and Cemetery Trustees. This session will address the special rules for properly administering these private funds used for public purposes. Presented by: Terry Knowles, Assistant Director, NH Department of Justice, Charitable Trust Unit

Register online at www.nhmunicipal.org under Calendar of Events Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org

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NEW HAMPSHIRE TOWN AND CITY

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HAPPENINGS Energy Efficiency Workshops Are Coming Your Way This Fall!

NLC Develops a New Logo and Tagline The National League of Cities (NLC), NHMA’s counterpart in Washington, D.C., recently unfolded a new logo design, seen here. The new design recognizes more than half of U.S. municipalities have fewer than 2,000 residents, and that cities and towns of all sizes are members of NLC. The new tag line emphasizes the belief that “cities are strong,” especially when they all work together. At NLC (and here at NHMA too), they believe cities are strong; strong in the sense that cities learn from each other and become more vibrant, more economically successful, and more innovative by sharing ideas.

Dan Crean Set to Retire Municipal lawyer, Daniel Crean, who served as NHMA’s first staff attorney starting in 1976, is retiring from active practice after 40 years in municipal law. Crean will continue to serve as executive director of the New Hampshire Municipal Lawyers Association for which he develops and presents continuing legal education seminars for attorneys who represent municipal governments in New Hampshire. Congratulations, Dan!

SNHPC Regional Electric Purchasing Cooperative The Southern New Hampshire Planning Commission (SNHPC) established a regional electric purchasing www.nhmunicipal.org

Together with other partners, the New Hampshire Department of Environmental Services (NHDES) will be hosting six energy efficiency workshops this fall geared for local government officials including energy committees, and design engineers of municipally-owned Wastewater Treatment Facilities (WWTF). These workshops are free to municipal staff and management and will: • Educate both the WWTF operators and the local decision-makers about the importance of and opportunities for improved energy efficiency; • Describe common energy conservations measures applicable to the specific treatment technology, including energy saving ideas to take back and immediately implement at their WWTFs; • Provide the benchmarking results for each facility and for treatmentspecific comparisons; • Host facilitated peer-to-peer discussions to highlight successful strategies for implementation; • Provide training on reading and understanding electric bills and demand charges; • Introduce approaches, including Portfolio Manager and the NH CORE Utilities’ Customer Engagement Platform, for WWTFs to track their own energy use; • Share information on financial incentives and financing options; and • Discuss the availability of comprehensive energy audits and onsite oneon-one technical assistance and the process and requirements to apply for these project benefits. The workshop schedule and locations are as follows: Lagoon

Elm Brook Park Ranger Station, Hopkinton

Hopkinton WWTF

Lagoon

Lincoln Town Hall Meeting Room

Lincoln WWTF

October 6

Secondary Treatment

Berlin White Mountain Community College

Berlin WWTF

October 12

Secondary Treatment

NHDES Offices, Concord

Concord WWTF

October 26

Advanced Treatment

Keene Public Library – Heberton Hall, Keene

Keene WWTF

November 3

Advanced Treatment

Hugh Gregg Coastal Conservation Center, Greenland

Newmarket WWTF

September 20 September 29

If you have questions, comments or feedback, please feel free to contact NHDES’ Sharon Rivard at (603)-271-2508, or Sharon.Rivard@des.nh.gov.

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HAPPENINGS from page 5 cooperative for the benefit of the 15 cities and towns (and school districts) in the SNHPC region it represents. As a cooperative, municipalities and school districts can work together with competitive energy suppliers to obtain lower rates than they could individually, thereby reducing their energy cost significantly. Nine municipalities and four school districts participated in the second round for the cooperative and their electric rates were locked in as of May 16, 2016. The combined savings for the three-year period will be $1,605,903, or 27.7%. In addition to the significant savings, the majority of participants will be using at least 20% green energy and a third of this power is renewable energy produced in New Hampshire.

As a Steering Committee member and Board of Director, Silva attended an NLC Board of Directors meeting in Kansas City in late June. In related news, Silva also attended the State League Directors Workshop held in Phoenix, Arizona in early August.

Over 60 Attendees Attend Fundamentals of Local Welfare Workshop In the photos below; NHMA’s attorneys Stephen Buckley and Margaret Byrnes, present at the annual workshop with welfare administrators.

In partnership with the New Hampshire Local Welfare Administrator’s Association, NHMA’s Legal Counsel, Stephen Buckley, and Staff Attorney, Margaret Byrnes, provided an in-depth review of the laws governing local welfare administration, including updates in the law, to over 60 municipal welfare professionals. The session also addressed fair hearings, suspension of assistance, and more. This workshop is always very well received. Attendee’s had this to say about the workshop: “Both lawyers were wonderful – clear and precise.” “Answered many questions I had. Great networking opportunity.” “I really like the panel discussion.”

NHMA Goes to Kansas City (and Phoenix)

Judy Silva, NHMA’s Executive Director (left photo), and Judy Pearson (right photo), NHMA’s Member Relations Coordinator, were in Kansas City, Missouri for activities related to our national partner, the National League of Cities (NLC). Pearson attended NLC’s 2016 State League Staff Workshop, an annual program which provides an opportunity for league staff from around the country to gather and discuss the pressing issues facing their everyday challenges and successes. 6

NEW HAMPSHIRE TOWN AND CITY

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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.

SEPTEMBER Labor Day (NHMA Offices Closed) Monday, September 5 2016 Municipal Law Lecture Series Antioch College, Keene Derry Municipal Center, Derry Lincoln Town Hall, Lincoln Wednesday, September 14 7:00 p.m. – 9:00 p.m. Webinar: Accessing U.S. Census Data Wednesday, September 14 11:00 a.m. – 12:00 p.m. (Beginner Class) 1:00 p.m. – 2:30 p.m. (Advance Class) Workshop: Elected City Officials Saturday, September 17 8:30 a.m. – 2:00 p.m. NHMA Offices, 25 Triangle Park Drive, Concord Workshop: Budget and Finance Tuesday, September 20 9:00 a.m. – 4:30 p.m. Puritan Event & Conference Center, Manchester 2016 Municipal Law Lecture Series Antioch College, Keene Derry Municipal Center, Derry Lincoln Town Hall, Lincoln Wednesday, September 21 7:00 p.m. – 9:00 p.m. Workshop: Budget and Finance Tuesday, September 27 9:00 a.m. – 4:30 p.m. Attitash Grand Summit Hotel, Bartlett UNH MPA Program/NHMA Workshop: How Does Your City or Town Stack Up? Friday, September 30 8:30 a.m. – 11:30 a.m. NHMA Offices, 25 Triangle Park Drive, Concord 2016 Municipal Law Lecture Series Antioch College, Keene Derry Municipal Center, Derry Lincoln Town Hall, Lincoln Wednesday, September 28 7:00 p.m. – 9:00 p.m.

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OCTOBER 2016 Municipal Law Lecture Series Newington Town Hall, Newington Wednesday, October 5 7:00 p.m. – 9:00 p.m. UNH T2/NHMA Workshop: A Hard Road to Travel Thursday, October 6 8:30 a.m. – 2:30 p.m. NHMA Offices 25 Triangle Park Drive, Concord Gubernatorial Candidates Forum Friday, October 7 10:00 a.m. – 12:00 p.m. NHMA Offices 25 Triangle Park Drive, Concord Columbus Day (NHMA Offices Closed) Monday, October 10 2016 Municipal Law Lecture Series Newington Town Hall, Newington Wednesday, October 12 7:00 p.m. – 9:00 p.m. Webinar: The Growing Threat of Ransomeware Wednesday, October 12 12:00 p.m. – 1:00 p.m. 2016 Municipal Law Lecture Series NHMA Offices, 25 Triangle Park Drive, Concord Saturday, October 15 9:00 a.m. – 4:30 p.m. 2016 Municipal Law Lecture Series Newington Town Hall, Newington Wednesday, October 19 7:00 p.m. – 9:00 p.m. NOVEMBER NHMA Annual Conference and 75th Anniversary Gala Radisson Hotel, Manchester Wednesday, November 16 Conference: 10:00 a.m. – 4:30 p.m. Gala: 5:30 p.m. – 9:30 p.m. NHMA Annual Conference and Exhibition Radisson Hotel, Manchester Thursday, November 17 9:00 a.m. – 4:00 p.m.

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Field of Dreams: 8

NEW HAMPSHIRE TOWN AND CITY

How Tax Increment Financing Can Help Development Dreams Come True

By Barbara T. Reid

www.nhmunicipal.org


T

ax increment financing (TIF) is a public financing tool used to help spur economic development in areas that may otherwise be left to fallow in the wind. Introduced in California in the 1950’s, TIF has been used in most states across the county, including New Hampshire. While many TIF districts have seen distressed, blighted or abandoned areas turned into thriving neighborhoods or business centers, there is significant opportunity for failure if conservative principles and practices are not adhered to during the design, implementation and management of a TIF program, creating a costly, long-term financial burden on taxpayers. Ironically, and for these reasons, TIF is now discontinued in California—where it all began. However, here in New Hampshire, there are a number of TIF success stories, and, if best practices are followed, your municipality could successfully finance its economic development dreams. Fundamental Concept of TIF. The concept of TIF is relatively simple: property tax revenue generated within an established TIF district is split into two components. The first is the property tax revenue based upon the “original” assessed value of all properties within the district boundary as of the date the district was formed. The second is the incremental, or increased property tax revenue that is based upon the difference between the current assessed value of the new or redeveloped properties in the TIF district and the original assessed value of those properties. This is known as the “captured” assessed value, meaning that the incremental amount of property taxes generated from the increase in property values as a result of capital improvements within the TIF district is captured or “retained” to pay for TIF debt service and other operating costs. Once the TIF program is completed (typically when the debt has been paid off ), then the incremental assessed value is returned to the tax rolls. Let’s look at a real-life example. According to the report filed by the Town of Enfield’s Tax Increment Finance Committee, the original assessed value of property in their TIF district was approximately $32 million in 2009. As a result, in part, of the water/sewer improvements completed under the TIF plan, the current assessed value of those properties in 2015 was approximately $44 million, resulting in an incremental increase (the retained captured assessed value) of $12 million. Based upon their 2015 property tax rate, this incremental assessed value generated $303,843 in tax revenue retained for TIF district expenses, well in excess of what is needed to make the annual debt payment of $162,246 on those infrastructure improvements. It’s very important to note that a TIF assessment is significantly different from a betterment assessment. With a better-

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ment assessment, certain properties are assessed an amount in addition to the regular property tax assessment, resulting in additional taxes. With a TIF assessment, there is no additional amount charged to the properties within the TIF district. The taxes are based upon the most recent assessed value of the properties times the current property tax rate, just like all other properties within the municipality. However, when tax revenue is received from properties within a TIF district, it ends up in two different places: some to the general fund (based upon the original assessed value) and some to the TIF fund (based upon the incremental assessed value). Taxpayers within a TIF district see no difference in their property tax bills than they would otherwise. Benefit of TIF. The primary benefit of TIF is its use to promote economic development by providing a financing option to fund infrastructure improvements for which it might otherwise be challenging to garner legislative body approval. TIF allows a municipality to use the property tax revenue generated from the new or refurbished development to pay for the infrastructure improvements that were necessary to incentivize the construction of those new or refurbished properties. These infrastructure improvements are usually funded by the issuance of general obligation bonds that must still go through the normal bond approval process under RSA 33 (the municipal finance act) and receive the required two-thirds vote of the legislative body (or three fifths in the case of an SB2 form of town meeting). However, TIF makes the bond approval an easier “sell” since the incremental tax revenue from the properties within the district will be used to pay off the debt, rather than an increase in taxes on properties throughout the municipality. In other words, TIF creates a dedicated revenue source that allows infrastructure improvements to be self-financed by the properties directly benefiting from those improvements. Minimizing Risk of Failure. As previously mentioned, there can be significant risk with TIF, primarily the risk that the incremental assessed value of the properties within the district does not materialize, leaving the municipality with the obligation to make the required debt payments on the infrastructure bonds, but without the anticipated incremental tax revenue to do so. In such a situation, the financial burden of the debt repayment would be included in the municipal property tax rate and assessed to all properties within the municipality, not just those within the TIF district. However, there are two principles that may be used to help minimize the risk of such a scenario: the ‘but for” requirement and the “birdin-hand” concept. SEPTEMBER/OCTOBER 2015

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FIELD OF DREAMS from page 9 • But For. Some states have a “but for” requirement, and while New Hampshire’s TIF statute does not mandate such a requirement, it is an important principle to help insure a successful TIF program. Simply stated, but for the fact that the municipality established the TIF district and financed the necessary improvements, economic development would not have occurred in that area. This certainly makes sense: why would a municipality pay for costly infrastructure improvements if a business was already willing to develop the property without those improvements? In other words, no development would have occurred without the municipal improvements; or the value of properties in that area would be much less without those municipal improvements. • Bird-In-Hand. Having commitment from one or more developers, preferably in writing, is also a crucial step to help insure a successful TIF program. The Black Brook TIF District in Keene is a perfect example of conservatively implementing TIF. With the goal of increasing the industrial portion of the city’s tax base from 10 percent to 20 percent, the city approved the necessary zoning changes and established a TIF district for a new business park. However, the city held off on issuing the bond needed to pay for

the infrastructure improvements (water, sewer and roads) until the regional economic development corporation working with the city recruited enough new businesses to the park that would generate sufficient incremental tax revenue to cover the debt service for those improvements.

cremental assessed value, not just the original assessed value, is included in the tax rolls. Also, as a result of TIF district development, some municipalities have experienced increases in development just outside the TIF district boundaries which immediately boosts the tax base for both the municipality and the school district.

Statutory Authority. The statutory authority for municipalities to establish a TIF district and implement a TIF program is found in RSA 162-K which includes adoption procedures, hearing requirements, size limitations, expansion provisions, finance plan requirements, annual reporting, administrative powers and advisory board responsibilities.

Dream Come True. Some TIF programs have been far more successful than anticipated, meaning that the incremental assessed value exceeded expectations, providing more incremental tax revenue than needed for debt payments and operating costs. In such cases, the municipality may decide to refinance the bond to pay it off sooner, make an extra debt payment (as the Enfield TIF Advisory Committee decided to do), or as provided in RSA 162-K:10, II (b) return a portion of the “excess” incremental assessed value to the tax rolls.

RSA 162-K:9, III specifically requires that prior to the formation of a TIF district, the municipality must meet with members of the school board in which the district will be located to explain the fiscal and economic implications of the proposed TIF district. Since only the original assessed value of the properties in the district, not the incremental assessed value, will be included in the tax base of the school district for the duration of the TIF program, the school district will not immediately benefit from any of the new development. So why would a school district support a TIF program? The answer is but for – but for creation of the TIF district, there will be no development and no increase to the school districts tax base. With the TIF district, an increase to the school district tax base will occur when the TIF program is completed and the in-

NH MUNICIPALITIES UTILIZING TAX INCREMENT FINANCING Bedford

Dover

Hinsdale

Londonderry

Pembroke

Bradford

Durham

Hooksett

Milford

Peterborough

Claremont

Enfield

Jaffrey

Nashua

Raymond

Concord

Franklin

Keene

Newport

Rochester

Derry

Hanover

Laconia

Northfield

Swanzey

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NEW HAMPSHIRE TOWN AND CITY

With a well thought-out, reasonable and conservative plan, the use of TIF can help provide the dollars needed to jumpstart a development project and turn a field of dreams into reality! Additional resources. Information about TIF can be found on the New Hampshire Office of Energy and Planning website at www.nh.gov/oep/planning/resources/tif.htm. Additionally, the Government Finance Officers Association publishes “An Elected Officials Guide to Tax Increment Financing” and a best practices advisory paper on Creation, Implementation and Evaluation of Tax Increment Financing, both available at www.gfoa.org. Barbara T. Reid is Government Finance Officer for the New Hampshire Municipal Association. She may be contacted at 800.852.2358 ext. 3308 or at breid@ nhmunicipal.org.

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12 Commandments of Tax Increment Financing

By Matt Walsh, City of Concord, Director of Redevelopment 1. N ever create a TIF district without a development project “in hand.” 2. R ecognize market growth as general fund revenue and taxes from “new development” as TIF revenue. ave written agreements with 3. H developers establishing the scope of improvements. se a maximum 80% of an4. U ticipated value in projections. 5. B e conservative and work in phases. Only plan on a minimal amount of development and expand TIF scope as other development comes along. 6. I nsist that the developer guarantee the assessed value of the project. Get a financial surety to protect taxpayers. 7. I f feasible, require the developer to guarantee that its development will be 100% taxable if sold (i.e. not sold to tax exempt entities). eware of capitalized interest 8. B vis-à-vis the debt schedule. eep enough money on hand 9. K for at least one year’s debt service and operating costs in case the district values (and therefore the incremental tax dollars) decrease. eware of combining TIF 10. B with tax relief incentives provided under RSA 79-E. 11. A lways structure financing plans to pay back municipal reserve funds after the TIF bonded debt is retired. ank surplus tax revenues for 12. B appeals of the assessed valuation.

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Excerpt from the 2015 Annual Report of the Enfield Tax Increment Finance District Advisory Committee “…With the Route 4 Water/Sewer construction project now complete and closed out, the annual bond debt service for the project totals $162,246 per year. Since 2009, the revenues to the TIF District have exceeded that figure, with significant increases in 2014 ($260,365) and 2015 ($303,843). These increases are partially the result of the economic development that has taken place along the Route 4 Corridor as a result of the Water/Sewer improvement project. Given the TIF District’s strong financial position, the Committee has voted to make an unscheduled principal payment on the bond for the Route 4 Water/Sewer project using TIF funds accrued through 2014….” 2015 Tax Increment Finance District Revenues as of December 30, 2015 The Tax Increment Finance District was adopted on March 12, 2005 and amended March 14, 2009 Original Assessed Value (as amended March 14, 2009) Retained Captured Assessed Value Current Assessed Value Taxes Raised to be Retained for the TIF District

$32,099,356 $12,114,957 $44,214,313 $303,843

3-Year TIF District Revenue History 2013 2014 2015 Current Assessed Value $40,814,995 $43,341,386 $44,214,313 Taxes Raised to be Retained $185,817 $260,365 $303,743 for the District Total Taxes Raised Since Inception: $1,577,109

Nashua Riverwalk Expansion In 2007, the City of Nashua utilized Tax Increment Financing to leverage tax revenue generated from the development of the Jackson Falls Condominiums to fund an ambitious expansion of the Nashua Riverwalk. The project created a dramatic new public access to the north side of the Nashua River and provided a critical link within the 1.1-milelong Nashua Riverwalk.

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Taxes I paid my taxes, I’m proud to say, And I bought some civilization today. I helped build a bridge and a highway, too: I bought my three children a park and a zoo

When I paid my taxes.

I helped build a library, paid for more books; Paid for having the streets cleaned, improving their looks; Paid for drinking founts street corners to crown, And paid for new street lights in the old town

When I paid my taxes.

I helped hire a free doctor and a firemen’s crew; I paid for a nurse and some policemen, too. I helped buy a young man a very fine job At the bathing beach for my Dorothy and Bob

When I paid my taxes.

I helped build a school and hired teachers, too; I helped buy a golf course for my son to play through. I helped build a museum of music and art; Now, friends, don’t you think I really was smart When I paid my taxes?

This poem first appeared in June 1938, in the “Washington Clubwoman” of Seattle, Washington, official organization of the Federation of Women’s Clubs of that state. Reprinted in Tax Collecting in New Hampshire: A Book of Laws and Court Decisions Applying to Assessment and Collection of Poll and Property Taxes as of January 1, 1941, by William F. Howes.

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A Capital Improvements Plan is Not Just a Wish List By David L. Stack

T

he preparation and adoption of a Capital Improvements Plan (CIP) is an important part of a municipality’s financial planning and budgeting process. The purpose of the plan is to recognize and resolve deficiencies in existing public facilities and anticipate and meet future demand for capital facilities and the replacement of vehicles and equipment. A plan typically includes all of the anticipated capital expenditures of a town/city, library and school district for the next six year period. A CIP is an advisory document that can serve a number of purposes, among them to: • Guide the Board of Selectmen, School Board, Library Trustees and Budget Committee in the annual budgeting processes; • Contribute to stabilizing the Town’s real property tax rate; • Aid the prioritization, coordination, and sequencing of various municipal improvements; • Inform residents, business owners, and developers of planned improvements; • Provide the necessary legal basis, continued administration and periodic updates of impact fees. Authorization for the formation of a CIP Committee is found in RSA 674:5. The statute provides two options: 1) assign the responsibility for preparation of the plan to the planning board or 2) permit the governing body of the municipality to appoint a capital improvement program committee, which must include at least one member of the planning board and may include, but not be limited to, other members of the planning board, the budget com-

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mittee, or the town or city governing body. Both options require the approval of the provisions of the statute by the legislative body. Prior to 2013, Bow’s Capital Improvement Plan was prepared by a sub-committee of the planning board. The process typically took only a few hours and the sub-committee only reviewed the new projects that were being proposed. The large bulk of the plan involved the replacement and purchase of trucks, police cars and equipment. The plan did not include an important and integral piece of any good CIP plan including capital projects, construction and renovation of building, bridge replacement, culvert replacement and similar type projects. Three years ago, the town was going to be making the last bond payment on the new high school that was built by the town in 1996. There was concern that there would be a “mad rush” by the board of selectmen, school board and library trustees to fill the gap with large capital projects utilizing the amount of the annual debt service on the bond to offset the tax impact of the new projects. As such, there was a need to manage this process and review and prioritize the capital needs of the town. This concern was raised with the board of selectmen and it was proposed that approval be sought at the next town meeting to approve the “alternative” approach for forming a CIP committee. This alternative was adopted in the Town of Pembroke when I served as Town Administrator for that community. In time, the process became a recognized and important piece of the planning and budgeting process. The CIP concept of capital planning became a very familiar document to all and reference to the plan became the norm during board SEPTEMBER/OCTOBER 2016

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CIP from page 13 and committee meetings, as well as the annual town meeting. The proposal for a new committee structure and process was presented to and approved by the Bow Town Meeting. The adopted proposal calls for the committee to consist of one planning board representative, one budget committee representative, one board of selectmen representative, one school board representative and three citizens at large. Bow’s CIP plan includes requests that have been placed in the six year CIP program for projects exceeding $25,000, spreadsheets of the schedule, funding sources, tax impacts, and other required information. Projects not meeting either CIP criteria or projected six-year window are identified as possible future projects. There are five steps used to develop the CIP plan in Bow: First Step: The first step in the process is the collection of project sheets from all departments. The sheets are tailored by the CIP Committee and finance director to generate information that defines the relative need and urgency for projects, and which also enables long-term monitoring of the useful life and returns from projects. Second Step: A draft of the plan is compiled by the finance director and submitted to the town manager. This provides an opportunity for the manager and department heads to review and discuss the projects and make adjustments. Step Three: The draft plan is submitted to the board of selectmen for its review and comment before presenting the plan to the CIP Committee.

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Step Four: The CIP Committee meets with the town manager and finance director throughout the spring and summer to review the draft and develop the final plan. Requestors are sometimes asked to come before the CIP Committee, as needed, to explain their capital needs and priorities. The Committee also explores any alternative approaches available to meet the capital needs of the town, including the use of capital reserve funds, bonding, grants, etc. The Committee has established a system to assess the relative priority of projects requested by the various departments, boards, and committees. Each proposed project is individually considered by the Committee and assessed a priority rank based on the descriptions below: Priority 1 - Urgent: Cannot Be Delayed: Needed immediately for health and safety. Priority 2 - Necessary: Needed within 3 years to maintain basic level and quality of community services. Priority 3 - Desirable: Needed within 4-6 years to improve quality or level of services. Priority 4 - Deferrable: Can be placed on hold until after 6 year scope of current CIP, but supports community development goals. Priority 5 - Premature: Needs more research, planning and coordination. Priority 6 - Inconsistent: Contrary to land-use planning or community development goals. There are several different financing methods utilized to fund capital projects. Four methods require appropria-

NEW HAMPSHIRE TOWN AND CITY

tions; either as part of the town’s annual operating budget or as independent warrant articles at town meeting. General Fund (GF) is the most common method, and refers to those projects proposed to be funded by property tax revenues within a single fiscal year. Capital Reserve Fund (CRF) requires appropriations over more than one year, with the actual project being accomplished only when the total appropriation meets the project cost. Lease/Purchase (LP) method has been used by the school district and other departments for the purchase of major vehicles. Bonds (BD) are generally limited to the most expensive capital projects, such as major renovations, additions, or new construction of school or municipal buildings or facilities, and allows capital facilities needs to be met immediately while spreading out the cost over many years in the future. Fund Balance (FB) may be used to finance capital projects as approved by town meeting. Impact Fees (IF) are collected from new development to pay for new facility capacity and placed in a fund until they are either expended within six years as part of the project finance or returned to the party they were collected from. Grants (GR) are also utilized to fund capital projects in Bow. Typically, grants will cover a portion of the overall project cost, and the town is responsible for the remaining percentage of the project cost. To Be Determined (TBD) Uncertain of cost, funding or project timeline.

www.nhmunicipal.org


Tax Increment Financing (TIF) Districts allow the town to use increases in valuation of property to directly pay off bonds for infrastructure improvements and capital projects in the district. TIF Districts are set up and administered according to RSA Chapter 162-K. Public/Private Partnerships (PPP) Lastly, the town can take advantage of public/private partnerships, where a private organization shares the costs of funding a capital project. Step Five: Once adopted by the Committee, the CIP is submitted to the town manager, board of selectmen, school board, and library trustees for consideration during the preparation of their proposed budgets.

www.nhmunicipal.org

It must be emphasized that the CIP is purely advisory in nature. Ultimate funding decisions are subject to the budgeting process and the annual town meeting. The CIP Committee brings project requests and needs to the attention of the town’s leaders and citizens, along with recommended priorities, in the hope of facilitating decision making by the town. A CIP is not just a wish list. In one community, a member of the board of selectmen asked if the plan was going to be shown to the budget committee and the citizens. This citizen was concerned that it would be felt that the town was just proposing large expenditures of funds and searching for ways to spend the taxpayers’ money. That is quite the opposite of why a CIP is formulated and updated each year. The

purpose of a CIP is to provide this information in a clear and transparent manner. Over time, the plan is seen as a vital component of the budgeting process and as financially prudent planning for the future. David L. Stack was appointed as Bow Town Manager in 2010. He has a Bachelor of Arts degree in Political Science from Keene State College and a Master of Public Administration degree from the University of New Hampshire. Mr. Stack is a member of the International City/County Management Association (ICMA) and is also a Board of Director of the New Hampshire Municipal Association and a member of the Municipal Management Association of New Hampshire (MMANH). David can be reached at townmgr@bow-nh.gov or by phone, 228.1187, ext. 110.

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Your City or Town by the Numbers Wednesday, September 14 Beginner: 11:00 pm—12:30 pm Intermediate: 1:00 pm—2:30 pm

Upcoming

Webinars NHMA will be hosting two webinars in September and October for members of the New Hampshire Municipal Association.

● Your City or Town by the Numbers (Beginner/Intermediate

The United States Census Bureau is the leading source of quality data on our people, business and economy. Get interesting stats, numbers and facts using the Bureau’s interactive data tools. Pull info using zip codes or state or county names. Find the most current and relevant demographic information and chart projected growth for your city or town.

Join Alexandra Barker, Data Dissemination Specialist, who will show us how to access a variety of demographic and socioeconomic characteristics for your city or town. Two classes, a beginner and intermediate class, are being offered depending on your skill level. The intermediate class is designed for users already familiar with the American Community Service datasets and the American FactFinder tool.

Protect Your City or Town from the Growing Threat of Ransomware!

Classes Offered)

Wednesday, October 12 12:00 pm—1:00 pm

Protecting Your City or Town from the Growing Threat of Ransomware!

Would you be on the hook if your municipality’s entire database of information was hacked, or completely locked down? Ransomware attacks are the latest in cyber scams on the Web and can hit anyone. Ransomware is malicious software that locks down your keyboard or computer to prevent you from accessing your data until you pay a ransom.

Attendees will learn the steps to defend against Ransomware vulnerability so that your important data is never held hostage. Join a security expert from Sophos who will teach us the questions you should be asking your IT Administrator and on how to transform your employees from being your weakest link into a virtual human firewall. For registration information, visit www.nhmunicipal.org under Calendar of Events.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org


The Science of Games and Budgeting By Shayne Kavanagh

W

hen the goal of the budget process is to best align a government’s limited resources with community goals, there will often be tough decisions about which programs and activities those resources will be allocated to. If these decisions are not deemed legitimate by all involved, some might work to delay or even prevent such a budget from ever being adopted. Even when the budget is adopted, its implementation might be impeded. What can public budget officers do to enhance the perceived legitimacy of tough budget decisions? An answer comes from an unexpected place: games. Author Josh Lerner, a leading authority on community participation in public budgeting, argues that games can teach us a lot about politics in Making Democracy Fun: How Game Design Can Empower Citizens and Transform Politics. Given the financial incentive—the video game industry recently overtook the film industry in

gross revenues—there is a rich and rapidly developing science behind what makes a game engaging. Exhibit 1 compares features that help make a given game fun versus ways a public hearing for the budget is often conducted. Lerner, an authority on community participation in public budgeting, has identified four critical game mechanics that promote democratic decision-making: conflict and collaboration, rules, engagement, and outcomes.

Conflict and Collaboration Conflict (or competition) is an inherent part of budgeting. Public budgeting often seeks to minimize competition because it frequently leads to antagonistic relationships. (That’s why incremental budgeting is so popular: everyone’s budget remains largely the same from year to year, with incremental changes

Exhibit 1: Fun Game Versus Public Budget Hearing Fun Game • There is a clear set of rules that everyone knows from the beginning. • The rules apply equally to everyone. Everyone has a chance to compete under the same rules and cheating is not tolerated. • The game has sensory appeal, such as bright colors and attractive design. • Participation leads to a clear outcome. • Multiple players work together, with some competitive element to the game. www.nhmunicipal.org

Public Budget Hearing • The participants are not clear on how budget decisions are actually made or their role in influencing them. • Rules for speaking at the hearing are ignored. Different people are treated differently. • The hearing is drab, with minimal sensory appeal. • At the end of the hearing, the participants don’t know what impact, if any, their participation had. • There is no structured interaction between participants to solve problems, either collaboratively or competitively. SEPTEMBER/OCTOBER 2016

17


SCIENCE from page 17 around the margins. Leaving base budgets alone minimizes conflict.) In games, however, competition can be not only be fun and inspiring – it can even encourage collaboration. How can this dynamic be translated to public budgeting? First, prepare people to work together by helping them get to know one another. Research has shown that even the most basic physical contact raises levels of a brain chemical called oxytocin, which (among other things) reduces social fears and increases generosity. An activity as simple as participants introducing themselves to one another and shaking hands is a good start. Priming participants to work together will better equip them to come together on the issues. Another goal is to move from conflictbased competition to “collaborative competition.” In games, competition can mean a lot of different things. Some games pit individuals or teams against each other. Other games have individuals or teams working together against a system. (This is common in video games, where players compete against the computer system rather than directly against other human players.) As much as possible, frame your budget as teams against the system, where the system is the limited resources of the government and teams need to figure out how to best achieve the community’s goals within those limits. Define a clear objective for the participants to accomplish. For example, maybe the participants need to develop a short list of the programs that are most critical for the government to fund in order to achieve its goals.

The Rules of the Game Popular games have a widely understood and accepted set of rules. These rules are seen as legitimate. Game designers know that rules are not seen as legitimate simply by virtue of being the 18

rules. Steps must be taken to ensure their legitimacy. Most fundamental is the way in which the rules are presented. Even if the rules were defined in advance, if the players find out about them too late then the rules will feel arbitrary. The same is true in a budget process. Hence, the designers of a budget process should use multi-modal presentation of the rules, including spoken rules, writing them on forms, printing them on posters, etc. Also, they should give specific rules extra emphasis right before they are needed in the process so people don’t miss them. If possible, instead of just defining the rules, provide opportunities for participants to participate in their creation. Rules that the participants helped invent will feel more legitimate than rules that were created by others. For example, participants could help define the criteria that would be used to prioritize the government’s spending options. Finally, there must be a process in place for when a situation arises that the rule makers did not foresee. Be clear how rules will be adjudicated.

Engagement Players enjoy games that appeal to the senses. Video games and board games use bright colors and attractive designs, and sports teams give a lot of attention to creating attractive uniforms. Likewise, Lerner recommends attractive visuals for the budget process, such as posters, cards, colored paper, custom t-shirts, etc. Sound effects or enjoyable physical activities can also be used to make meetings more interesting. When meetings are staid and uninteresting to the senses, participants can more easily grow bored or frustrated.

Outcomes In any good game, the player’s efforts lead to a clear outcome (score being a common one). The participants in the

NEW HAMPSHIRE TOWN AND CITY

budgeting process must see that their participation has had some impact. Otherwise, the participants will not feel their time was well spent, and the legitimacy of the final budget decision will suffer. This does not mean that participants must feel that they have “won” the budget – just that their input was given serious consideration and that they participated in a fair competition of ideas. For example, participants can give “points” to their favored funding options on a large poster board or otherwise vote in some visual and public manner. This helps them see how their input fed into a larger whole. It is essential that participants feel they have been heard. Critically, there has to be something to play for. At the end of the process, there must be a concrete conclusion that connects the players’ efforts to the results. (For example, at the end of the process the most important programs for achieving the community’s goals have been prioritized.) At the same time, participants must not believe that the end of the process is “GAME OVER.” Games are engaging partly because players know that losing is not the end of the game. The unofficial motto of one of the most popular teams in baseball, the Chicago Cubs, for example, is “Wait ‘til next year!” How can budget officers bring this same sense to the budget process? First, take steps to acknowledge the real strengths unselected alternatives may have had. This makes it clear that the final decision was based in reality. Describe your process for monitoring how the decision is working out and adjusting the government’s course. This shows that the organization will revisit the decision if it turns out to be necessary. Finally, make it clear that the government is on an ongoing journey to best use its budget to meet community needs. Budgeting policies or principles that are public and that www.nhmunicipal.org


clearly describe the intent to continue such a budget process can help. Josh Lerner’s book brings a new and interesting perspective to the perennial question of how to productively engage stakeholders in the budget process. Using a perspective based on the new, but rapidly developing, science of games, he demonstrates the vast potential of using game mechanics to make

www.nhmunicipal.org

public budgeting deliberations more productive, the decisions more enduring, and the experience more engaging. Shayne Kavanagh is senior manager of research at the GFOA’s Research and Consulting Center in Chicago, Illinois. He can be reached at skavanagh@gfoa. org. This article was originally published in the June, 2015 issue of Government Finance Review (www.gfoa.org).

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2016 Municipal Law Lecture Series Location

Lecture #1

Lecture #2 Conflicts of Interest

Code Enforcement

Antioch College, Keene Derry Municipal Center

September 14 September 28

September 21 September 14

September 28 September 21

Lincoln Town Hall

September 21

September 28

September 14

Newington Town Hall

October 5

October 12

October 19

Developments in The Law

Lecture #3

October 15th 9:00 a.m.—4:30 p.m. A new opportunity to attend all three lectures on one day at one location! Join us in Concord at the NHMA Offices. NHMA, Concord

Lecture 1— Developments in the Law

Lecture 2— Conflicts of Interest

This lecture explores a trio of recent legal developments that will undoubtedly impact your community and your land use ordinances. These include the passage of Senate Bill 146 which preempts local regulation of accessory dwelling units; the passage of Senate Bill 345 which, in response to the New Hampshire Supreme Court’s decision in Forster v. Town of Henniker, further limits local control of agritourism activities; and the United States Supreme Court’s surprising decision in Reed v. Town of Gilbert, which substantially curtails the ability of municipalities to regulate sign content.

“Do I need to recuse myself?” Land use board members are often faced with this question because a conflict of interest has been alleged. On the other hand, it may be a question that land use board members should be asking, but aren’t. Whether to ask that question—and how to answer it—can be complicated, and made more complicated by the serious consequences that arise when a conflict is not properly addressed. Learn how to identify a conflict and how to properly handle it, and the repercussions of failing to do so. The presentation will discuss conflicts in general, and then place a specific focus on land use boards.

Presented by:

Presented by:

Benjamin D. Frost, Esq. AICP, New Hampshire Housing Timothy Corwin, Esq. AICP, City of Lebanon

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Continental breakfast and lunch will be provided.

Margaret Byrnes, Esq., NHMA Matthew Serge, Esq., Drummond Woodsum

NEW HAMPSHIRE TOWN AND CITY

Lecture 3— Code Enforcement Code enforcement can be complicated, with various nuanced procedures that are dependent on the code being enforced. This presentation will inform attendees of the various land use, building, and safety codes enforceable by municipalities in the State of New Hampshire, as well as the procedures established to enforce those codes. Attendees will be further provided with practical advice with regard to enforcement actions from three practitioners in code enforcement. Presented by:

Eric Maher, Esq. Christopher T. Hilson, Esq. Justin L. Pasay, Esq. Donahue, Tucker & Ciandella, PLLC

www.nhmunicipal.org


Financing Capital Projects By Sheila St. Germain

I

n general, financing should be considered as part of the initial development process of a capital project. Below is a step-by-step process for determining and obtaining the right financing for your project. Of course, a bond counsel attorney should also be hired to review the warrant article for the authorization of bonds and to review the steps required by statute for this process.

Step One: As the project is developed, the methods of financing should be considered. The residents may be supporting the project, but at some point they will want to know the cost. The research required will depend on the type of project. For example, many water and sewer projects qualify for the State Revolving Loan Program or programs provided by USDA. These programs provide low rates of interest, but require more research to understand the terms and availability of the funds. If the project may qualify for these special programs, it is worth the research required. If the project does not qualify for special programs, the New Hampshire Municipal Bond Bank (Bond Bank), local banks, the municipality issuing the bonds in the market and capital leases are other alternatives. An estimated amortization schedule of costs over the term of financing and the effect on the tax rate will provide the cost information for the residents. The Bond Bank provides estimated amortization schedules for various amounts and terms to assist municipalities with the financing costs of their projects. This service is provided to all municipalities to assist with the initial phase of the project. There is no requirement to borrow through the Bond Bank to use this service.

Step Two: After the project is approved and the bonds are authorized, www.nhmunicipal.org

it is time to determine the method of financing. A cash flow of expenditures should be created to determine when the bonds should be issued. Some municipalities prefer to borrow temporary funds to start construction and wait to issue the long term financing when they know the exact amount to be expended. If the project will occur over an extended time, the borrowing may be done in phases. In general, funds must be expended within two to three years of receiving the funds, depending on the amount and type of project. There are several laws and IRS regulations pertaining to bonds. Consequently, it is advisable to discuss the timing for the issuance of bonds with bond counsel and financial advisors.

Step Three: The application process will vary depending on the financing method. The majority of methods will require a bond counsel opinion and audited financials.

Step Four: After the approval process is completed, the bond issuance process begins. If the method chosen was State Revolving Loan, USDA, or a local bank, the financing is not being issued in the market, so the process will include signing documents with the agreed terms. If the Bond Bank or the municipality issuing their own bonds was chosen, the process will involve several steps before the bonds are issued. Bonds issued through the Bond Bank are issued as part of a pool. The Bond Bank is a quasi-independent state agency. The Bond Bank combines the bond issue requirements from several cities, towns, school districts, village districts and counties into one pooled issue. After the Bond Bank’s SEPTEMBER/OCTOBER 2016

21


FINANCING from page 21 Board has approved the municipality’s application, information from the application is used to develop the details for the bond sale. Credit ratings are reviewed and a preliminary offering statement is prepared for the marketing of the bonds. The municipalities participating in the sale will be signing loan agreements and various legal documents from bond counsel. The municipality’s bond is issued to the Bond Bank. The combined total from all of the municipalities is sold in the market as New Hampshire Municipal Bond Bank Bonds. All of the participants share the issuance costs and receive the benefit of the Bond Bank’s credit in the market. A credit rating for the municipality is not required. If the municipality decides to issue bonds directly in the market, advisors are hired to assist with this process. The primary advisors are the financial advisor and bond counsel. The municipal officials meet with the advisors to discuss the cash flow required by the projects and develop a plan for the issuance of the bonds. At least one credit rating is required to be able to market the bonds. The financial advisor assists the municipality with the presentation to the credit agency. There will be several conversations between the municipality and the credit rating agency analysts. A preliminary official statement is prepared to provide information about the

22

terms of the bond issue, the project to be funded, financial information, economic, legal and general information about the municipality. Investment firms send a bid to the financial advisor on the bond sale date. The financial advisor analyzes the bids to determine the lowest interest cost and the bonds are generally awarded to the lowest bidder.

Step Four:

The bonds have been sold and the funds will be available in a few weeks. The final documents and the bond are prepared by bond counsels. Another round of signing multiple copies of legal documents and then the funds arrive. For several years, the majority of bonds have been sold with premiums. Basically, investors prefer an interest rate on the bonds that is higher than the current yield. They are willing to pay a considerable premium above the par value of the bond. The original bond amount for each municipality is reduced by their allocation of the premium. The municipality receives the full amount requested, but pays back a lower amount of principal. The interest rates will be higher, but the True Interest Cost will reflect the real rate to the municipality because it factors in the premium received by the municipality.

Step Six: Enjoy your new project and make timely debt service payments! Sheila St. Germain is Executive Director of the New Hampshire Municipal Bond Bank. Information about the NHMBB is available on their website at www.nhmbb.org. If you would like additional information about financing alternatives, there will be a session (Municipal Financing Alternatives) at NHMA’s Annual Conference on November 16, 2016, at 10:45 a.m. There will be a panel consisting of representatives from Devine Millimet & Branch, PA, the Bond Bank, Municipal Leasing Consultants, PFM Financial Advisory Group, State of NH Revolving Loan Fund and United States Department of Agriculture – Rural Development.

Step Five: Time to spend the money! Be sure to track expenditures and interest income earned on funds before expended according to IRS rules.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org


N E W

H A M P S H I R E

Basic Loan Requirements: • Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA Firm • Local bond counsel opinion

NEW HAMPSHIRE MUNICIPAL BOND BANK

www.nhmunicipal.org

M U N I C I P A L

B O N D

B A N K

The Bond Bank’s Bond Sale Schedule June 2016 Bond Sale Results True Interest Cost for: 5 year loans 1.58% • 10 year loans 1.73% 15 year loans 2.16% • 20 year loan 2.5% 29 year loan 2.86% Are you planning a capital project for 2017? 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 Sheila M. St. Germain, Executive Director, at info@nhmbb.com or call (603) 271-2595 or toll-free in NH at (800) 393-6422. For more information, visit our website at www.nhmbb.org.

SEPTEMBER/OCTOBER 2016

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75 Years

NEW HAMPSHIRE MUNICIPAL ASSOCI

of

Service

Wednesday, November 16 – Thursday, November 17, 20

Mark Your Calendars!

The 75th NHMA Annual Conference is scheduled for Wednesday, November 16 – Thursday, November 17 at The Radisson Hotel in Manchester. Don’t miss out—this is the Association’s premier training and networking event and attracts more than 500 attendees and over 100 exhibitors and sponsors. Join municipal officials from throughout New Hampshire at this year’s conference to attend educational sessions and hear speakers with inspiring ideas to help you better serve your municipality and its residents.

Keynote Speaker – Opening Remarks (Thursday)

This year’s keynote speaker is Loretta LaRoche, an internationally-acclaimed stress management expert, motivational speaker, author and humorist. For more than 30 years, Loretta has used her incredible wit and irreverent humor to get people to laugh, listen and “live it up.” Her special brand of optimistic psychology not only entertains and enlightens, it facilitates interaction on the challenges common to all people today - challenges like too much stress. We hope you will join us, Loretta, and your municipal colleagues on Wednesday morning, at 9:00 am, on November 16th, for her opening remarks.

Exhibitor Reception/Social Hour – A Relaxing Atmosphere to Meet New Friends (Wednesday)

In recognition of our 75th anniversary, the Exhibit Hall Reception will be on Wednesday, November 16, from 5:30 pm to 6:30 pm, in conjunction with our Anniversary Gala Event. This is an opportunity to unwind and enjoy spending time with NHMA staff, board of directors, new friends, old colleagues, and new contacts. This event will be held in the hotel’s Armory this year, so come and enjoy some music, hors d’ oeuvres, and beverages in a relaxing atmosphere.

Networking Opportunities (Wednesday Thursday)

Exhibit Hall – Explore State-of-the-Art Products and Services (Wednesday and Thursday)

This year, we hope to fill the huge exhibit hall with over 100 exhibitors. So please take the time to visit the Exhibit Hall on Wednesday and Thursday to find state-of-the-art products and cost-saving services. Explore the wide array of products, goods, services, and resources that will be displayed, as well as booths with helpful information from state and federal agencies. Past conference attendees report that by doing business with a convention exhibitor they saved significant amounts of money from what their municipality had previously been spending for the same service or product. Review the conference schedule and block out some time to visit our exhibitors and sponsors and learn how these businesses and governmental agencies can help your city or town.

and

In addition to the Anniversary reception, the Annual Conference offers attendees a multitude of ways to connect with colleagues and experts from throughout the state to 24

discuss common concerns, exchange ideas, and share solutions. Extended break times and meals offer ample opportunity to explore booths, meet and network with exhibitors and sponsors. Take advantage of learning how your municipal colleagues are meeting challenges in their municipalities by talking with other officials during breaks, at lunches, at program sessions, and at the reception. Ask questions and offer ideas based on your city or town’s experiences. Peer-to-peer learning is one of the key benefits of attending NHMA’s annual conference.

NEW HAMPSHIRE TOWN AND CITY

The Exhibit Hall opens to attendees on Wednesday, November 16 at 10:00 a.m. We would like to thank our exhibitors and sponsors for their role in helping us put on such a great event. We couldn’t do it without them. www.nhmunicipal.org


IATION’S 75TH ANNUAL CONFERENCE

e to

Your Hometown

016 • The Radisson Hotel • Manchester, New Hampshire Mobile Conference App Coming Back This Year – Conference Details at Your Fingertips!

Again this year, NHMA is excited to offer a mobile conference application that will have information on conference sessions, exhibitors, sponsors, attendees, speakers, and more. You’ll be able to use your iPhone, iPad, Android phone, or tablet to access this valuable conference information. You can even input your conference schedule for ease and convenience. The app provides access to the conference schedule, session alerts, presenter and exhibitor information, and maps. You can also share your own tweets and photos, plus send messages of interest to other attendees throughout the two-day event.

Concurrent Session Topics for 2016 (Wednesday and Thursday)

The program sessions are offering relevant and thoughtprovoking concurrent sessions for this year’s event. Currently some of the sessions planned include:

For More Information

and

Court and Legislative Updates Right-to-Know MS4 Toolbox: What Your Municipality Needs to do to be Ready Budget Comparisons Made Easy The New Law on Accessory Dwelling Units Recycling Markets 4.0 – Is It Time for a Reboot? Municipal Financing Alternatives Municipal Infrastructure and Asset Management Understanding NHRS Rates and the Impact of Employment Trends A Road by Any Other Name is…Wait, What Kind of Road is This, Anyway? Family & Medical Leave Act/Fair Standards Labor Act . . . And much more! Attendees will learn from experts in these areas and from their peers. In addition, attendees gain valuable tools and resources to take back to their city or town.

Session Schedules

Visit NHMA’s website at www.nhmunicipal.org/annualconference to view the latest information on concurrent sessions, speakers and presenters, and other conference details.

You’re Invited

to

NHMA’s

Anniversary

Gala Event NHMA will be marking its 75th anniversary with a Gala Dinner celebration on Wednesday night. Here’s the night of fun we have planned for you.

Exhibitor Social Hour (5:30 pm – 6:30 pm) Join NHMA’s staff, board of directors, past directors and staff, and our exhibitors for a social hour featuring light hors d’oeuvres, music and a chance to mingle. The Freeze Brothers Big Band Combo will provide musical entertainment during the social hour. Dinner Gala (6:30 pm – 8:00 pm) Dinner guests enjoy a delicious dining experience, music and some brief (promise!) recognitions. Entertainment (8:00 pm – 9:30 pm) Guests will enjoy the high energy and interactive fun of “Dueling Pianos” who will keep the audience involved, laughing and happy from 8:00 p.m. to 9:30 p.m., to conclude our anniversary celebration. Individual tickets are $40. Tables of 8 can be purchased at a discounted price of $280.00. Please visit our website at www.nhmunicipal.org frequently for more information. Registration set to open September 12, 2016.

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2016

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A UNH Technology Transfer Center Workshop

A Hard Road to Travel 8:30 a.m.—2:30 p.m.

OCTOBER 6, 2016 NHMA Offices, 25 Triangle Park Drive, Concord This class, hosted by UNH’s T2 Center and presented by New Hampshire Municipal Association attorneys, Stephen Buckley and Margaret Byrnes, will address governance, regulation, maintenance, and liability issues related to public highways. The instructors will explain the legal process for highway dedication, acceptance, discontinuance, and layout. Then, the presentation and discussion will delve into the authority, responsibility, and limitations on road managers and other municipal officials involved with public roads. Specific topics include Class V and VI roads, insufficiencies, inclement weather maintenance and policies, winter roads, scenic roads, betterment assessments, emergency lanes, drainage, utilities, speed limits, weight limits, bonding, stonewalls, tree cutting, and more. WORKSHOP FEE: Municipal Rate is $100.00 and the Private Rate is $200.00. This pr ice includes instruction, material, refreshments, and lunch. This rate also includes a of NHMA’s 2015 update of A Hard Road to Travel. If more than one attendee is coming from a municipality or company, and the municipality or company only wishes to have one copy of the book, all subsequent attendees after the first will be charged $60.00 (municipal) and $120 (company). PROFESSIONAL DEVELOPMENT: This is eligible for up to 5 Professional Development Hours (PDHs) and up to .5 Continuing Education Units (CEUs) through the University of New Hampshire. You do not need CEUs for the UNH Roads Scholar Program. REGISTRATION: Please use one of the following options: Online at www.t2.unh.edu/workshop-registration-form Call T2 at 603-862-2826 or 800-423-0060 (in NH) E-mail t2.center@unh.edu (include name, title, affiliation, address, phone, and email) AFTER RECEIVING CONFIRMATION: Address check to: UNH Technology Tr ansfer Center Mail to: UNH Technology Tr ansfer Center , 33 Academic Way Dur ham, NH 03824 CANCELLATION: If you need to cancel a registration, call the UNH T2 Center as soon as possible. We require at least 3 business days notice prior to the workshop to refund fees already paid, or for any charges to be reversed. Cancellations received after this deadline or "no-shows" at the workshop may be charged the full fee. Please know that you may send substitutions to the workshop without prior notice.

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Committees Complete Work on 2017-2018 Legislative Policy Recommendations

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HMA’s three policy committees worked hard this spring to develop policy recommendations for the membership to consider in the 2017-2018 Legislative Policy Process. These committees were composed of 53 elected and appointed officials and representatives of NHMA affiliate groups from 49 different NHMA-member communities in each of the ten counties. There were 33 new member proposals for review and consideration this year. Policy recommendations will be debated and voted upon by representatives of NHMA’s 232 member towns and cities at NHMA’s Legislative Policy Conference on the morning of Friday, September 23, 2016, beginning at 9:00 a.m., at NHMA offices located at 25 Triangle Park Drive, Concord. Each NHMA member municipality has one vote regardless of size. Votes are cast by the official representative of each member municipality. A two-thirds vote of those members present and voting is required for approval of any NHMA legislative policy.

Member municipalities had the opportunity to submit floor policy proposals for consideration at the conference. Each floor policy proposal must be approved by the governing body of the municipality submitting it, but the proposals will not be reviewed or recommended by NHMA’s legislative policy committees. Floor policy proposals will be voted on separately at the conference. The final 2017-2018 NHMA Legislative Policies will be printed as a supplement in the November/December 2016 issue of Town & City magazine. We will also post them on the NHMA’s web site at www.nhmunicipal.org. NHMA would like to thank the many member volunteers and board members who gave their time and effort to this important endeavor.

Finance and Revenue Committee NHMA Executive Director, Judy Silva, and Government Affairs Counsel, Cordell Johnston, provide an overview of the legislative policy process to members at our organization meeting held on April 8th.

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*Donna Nashawaty, Chair, Town Manager, Sunapee *Elizabeth Dragon, Vice Chair, City Manager, Franklin Scott Bugbee, Selectman, Lee *Ben Bynum, Town Clerk/Tax Collector, Canterbury Jill Collins, Town Administrator, Hinsdale SEPTEMBER/OCTOBER 2016

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COMMITTEES from page 27 Dave Fredette, Treasurer/Tax Collector, Nashua Todd Hayward, Assessing Consultant, Var. Municipalities *Priscilla Hodgkins, Town Clerk/Tax Collector, New Castle Kristen McAllister, Assessor, Newbury, New London, Sunapee Betsy McClain, Clerk/Dir. of Admin. Services, Hanover Tom McCue, Planning Board, Berlin Jim Michaud, Assessor, Hudson *Scott Myers, City Manager, Laconia Dan Ramgopaul, Interim Finance Director, Pelham Jack Sheehy, Dir. of Financial Operations, Milford David Swenson, Selectman, New Durham Pat Tucker, Town Clerk/Tax Collector, Ashland *Denotes NHMA board member

NHMA’s Legislative Policy Conference

General Administration and Governance Committee *Bill Herman, Chair, Town Administrator, Auburn *Hal Lynde, Vice Chair, Selectman, Pelham Laura Buono, Town Administrator, Hillsborough *Butch Burbank, Town Manager, Lincoln Scott Dunn, Town Administrator, Gilford *Steve Fournier, Town Administrator, Newmarket Julie Glover, Town Administrator, Lee *Pat Long, Alderman, Manchester Bob Mack, Welfare Director, Nashua Nancy Marashio, Moderator, Newbury

David McMullen, Chief Assessor, Lebanon *Shaun Mulholland, Town Administrator, Allenstown Jim O’Mara, Town Administrator, Amherst Dennis Pavlicek, Town Administrator, Newbury *Nancy Rollins, Selectman, New London *John Scruton, Town Administrator, Barrington *Eric Stohl, Selectman, Columbia *Teresa Williams, Town Administrator, Wakefield *Denotes NHMA board member

9:00 a.m., Friday, September 23, 2016 NHMA Offices, 25 Triangle Park Drive, Concord This is an opportunity for every member municipality to take part in determining the direction of NHMA’s legislative advocacy efforts for the 2017-2018 biennium. THREE THINGS WE ASK OF YOU: 1. Please review the policies mailed to each municipality during the summer. 2. Take a position by vote of your governing body. 3. Send your voting delegate to the Legislative Policy Conference to make your opinions known. For more information, contact the Government Affairs staff at 800.852.3358 or email at governmentaffairs@nhmunicipal.org.

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Infrastructure, Development and Land Use Committee *Shelagh Connelly, Chair, Selectman, Holderness Jane Taylor, Vice Chair, City Solicitor, Claremont Sheridan Brown, Selectman, Grantham *Dave Caron, Town Manager, Jaffrey Bruce Crawford, Planning Board, Boscawen *Chris Dwyer, Councilor, Portsmouth David Edkins, Administrator, Charlestown Ben Frost, Planning Board, Warner *Jim Maggiore, Selectman, North Hampton Ross McLeod, Selectman, Windham Tim Murphy, Exec. Dir., SWRPC Betsey Patten, Planning Board/Supervisor of Checklist, Bow

NEW HAMPSHIRE TOWN AND CITY

Charles Smith, Town Administrator, Sanbornton Ruth Ward, Planning Board, Stoddard Bruce Woodruff, Town Planner/ZBA, Moultonborough/Milton *Denotes NHMA board member

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WORKSHOP

for City and Town Councilors, Mayors and Aldermen

A New Hampshire Municipal Association workshop designed specifically for officials serving in “representative” local government, namely cities and town council towns.

9:00 a.m.— 2:00 p.m.

September 17, 2016

NH Municipal Association 25 Triangle Park Drive Concord, NH NHMA Legal Services Counsel Stephen Buckley and NHMA Staff Attorney Margaret Byrnes will explore the structure and operations of charter forms of government, including updates in the law, with a special focus on the Right-to-Know law. Questions are welcome, and there will be time for networking with other city officials over lunch. Registration includes a free 2016 edition of NHMA’s Elected City Officials Handbook!

On-line Pre-registration Required! Space is Limited! To register, please visit www.nhmunicipal.org and click on the Calendar of Events. Questions? Please call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org. Registration & continental breakfast begin at 8:30 a.m. Lunch will be provided.

www.nhmunicipal.org

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1996

1998

2000

2001

2003

2005

The Recent History of the New Hampshire Municipal Association (1996-2005) 1997 • Representatives of New Hampshire’s towns, cities and counties gathered at the Legislative Office Building for the first meeting of the Local Government Advisory Committee (LGAC) to be called by Governor Stephen Merrill. The LGAC was patterned after similar groups in over 20 states, including Maine and Massachusetts. It was designed to provide a regular forum to discuss and attempt to resolve State-local issues in a cooperative atmosphere.

• An earthen-dam break sent damaging flood waters through the Town of Alton which left one

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woman dead and millions worth of property damage, including a building owned by the town, the contents of the building, and two town vehicles parked by the building. While this dam was privately-owned, many cities, towns and districts own dams of their own. Nearly 14%, or about 358 dams, are municipally-owned in New Hampshire.

debate of each warrant article; voters may amend and vote on amendments, but no final vote may be taken on any warrant article. The second session of the annual meeting is held to elect officers by official ballot, to vote on questions required by law, and to vote on all warrant articles from the first session by official ballot.

• The Town of Littleton was the first town in New Hampshire to set up its own website. Other towns that went online in 1996 included the Towns of Epping, Portsmouth, Weare, and Hanover. These sites were often used by local citizens to find out office hours, election information, upcoming meetings, and other items of interest in the community.

• Pam Valley was hired by the Association to serve as an office assistant in 1996. Valley came to NHMA after her position with a Concord law firm. Valley provides office support and clerical assistance mainly for the legal and governmental affairs department. Pam continues to serve in this position today.

• In 1995, the Legislature passed Senate Bill 2, which became part of RSA 40:12-15. This new law allowed any local political subdivision in New Hampshire whose legislative body raises and appropriates fund through any annual meeting to adopt voting by official ballot on all warrant articles. This process requires two sessions, the first of which consists of explanation, discussion and

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• With the Year 2000 looming large, many local governments began exploring all their applications, personal computers, elevators, access systems, gasoline dispensing systems, CAD operations, or any automated process, to verify their systems would be operational after January 1, 2000.

1997 • NHMA created its initial website, http://www.nhmunicipal.org, for the benefit of New Hampwww.nhmunicipal.org


shire 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’s Executive Director, John Andrews, was recognized by members and staff for his 22 years of public service to New Hampshire’s municipalities. • Carl Drega, a 67-year old antigovernment gunman, went on a rampage in the Town of Colebrook killing four people and wounding four law-enforcement officials. Among the victims was Vickie Bunnel, a former NHMA board member, a lawyer, associate judge and selectman who had angered Mr. Drega with a property tax ruling several years earlier. Drega was eventually killed www.nhmunicipal.org

in a fire fight with over 20 law enforcement officials.

fund it in a way that was proportional and constitutional.

• The Colebrook tragedy was compounded further by the loss of another member of our municipal family. Hours after returning from a funeral for state troopers killed in the line of duty in the Colebrook rampage, Epsom Officer Jeremy Charron was killed after he stopped a car along a rural road in Epsom. Charron’s parents were both active as municipal officials and leaders in their community.

• Federal, state and municipal governments continued to explore solutions in face of the Year 2000 problem. Countless records, information programs, and operating systems — for everything from traffic light controls to vital records, from court calendars to processing of applications and payments — were likely to get tangled in the confusion as the potential detonation of a digital time-bomb known as Year 2000 loomed. In turn, the NHMA provided each member with Y2K Toolkits in partnership with national associations of local government.

• In 1997, NHMA staff expended significant time on electric utility deregulation, taxation of telephone poles and wires, the state budget, revision to official ballot requirements, and a variety of issues affecting operations and structures at the local level, such as municipal ordinance fines, welfare reform, and tax deeds. • NHMA released A Hard Road to Travel Handbook, a comprehensive publication on the laws of local highways, streets, and trails. 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 publications today.

1998 • The New Hampshire’s Supreme Court decision in the “Claremont” education funding lawsuit placed different and immediate pressures on the Legislature to determine what is an “adequate” education and to

• To help address the training and resource needs of municipal officials, in 1998, Antioch New England Institute established the Selectperson Institute, a series of four, full-day participatory workshops designed to enhance their community leadership and management skills.

• The New Hampshire Main Street Center, a private statewide initiative created in 1996 to stimulate downtown revitalization and the historic and economic redevelopment of traditional New Hampshire business districts, helped New Hampshire’s cities and towns recapture downtown’s important “sense of place.”

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RECENT HISTORY from page 33

1999 • Pam Valley, NHMA’s Administrative Assistant, was recognized for her “true team attitude” as NHMA’s 1999 Employee of the Year. Valley continues to serve in this position today, always helping out wherever she is needed, and without any special fanfare or recognition.

• Sprawl was a hot issue in 1999. Urban sprawl saw the spreading of houses and shopping centers on undeveloped land near a city and/or urban center. In response, Governor Jeanne Shaheen issued Executive Order 99-2 which established The Council on Resources and Development, comprised of ten-member board of state agencies, to promote the retention of traditional communities and landscape to the maximum extent feasible. This order recognized that state government, in close coordination with local, regional and federal entities, play a significant role in shaping future growth and development patterns. • The legislature focused on the education funding issues, seemingly to the exclusion of all other legislative issues at times. Over 40 bills were an attempt to resolve in whole or in part, the education funding crisis. Most of the education funding proposals were at least 30 pages 34

long with some as many as 50 or 60 pages. • The Governmental Accounting Standards Board (GASB) issued its most comprehensive governmental accounting rule ever developed. For the first time, a government’s financial reports must provide information about the full cost of providing services to its residents, including its infrastructure assets such as roads, bridges, and storm sewers. This new financial reporting system provided citizens a clearer picture of what a government is doing with the taxes it collects. • NHMA achieved a major policy goal in 1999, with the passage of a home rule constitutional amendment (CACR 6) and companion statute. This victory was the culmination of the efforts of many local and state officials to recognize the capability of citizens at the municipal level to govern themselves wisely and well. Many in New Hampshire praise the virtues of “local control” but it is largely a myth without home rule.

2000 • Governments, including those in New Hampshire, successfully made the transition through the New Year and did not experience any significant Year 2000-related problems. • NHMA announced a new member service in 1999—free postings of employment or classified ads on its website. At the time, members were encouraged to submit job openings to NHMA staff for posting on its website. Today our Classified Ads

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portal allows members to post for themselves, positions, RFPs, RFQs, bids, and for sale items. • New Hampshire continues to be the fastest-growing state in the Northeast, having added 264,000 people from 1980 to 1998. This growth meant changes for many New Hampshire’s cities and towns, especially how a municipality continues to meet its water supply needs, particularly when the potential for new water sources were becoming more and more limited. Once seen as virtually an unlimited resource, many officials began to realize that water could no longer be taken for granted, even in “water-rich” New Hampshire. • It was surprising, considering that one of gove r n m e n t s’ most important roles is to communicate information to the public, that less than one third of the state’s 234 towns and cities had official web sites in 2000. The real challenge was maintenance of a website, which found many smaller towns unable to devote the resources necessary to adequately maintain such a public site. • After 15 years of dedicated service to the Association, Chief Legal Counsel, H. Bernard Waugh, left NHMA to join a private law firm of Fulton & Gardner. Bernie’s last official day was August 11, 2000. Bernie left a lasting impression on NHMA, including authoring several NHMA publications, including the highway www.nhmunicipal.org


law handbook “A Hard Road to Travel” (1997), which has been heard by many highway agents as “our bible.” Shortly after this loss, Communications and Member Services Manager Heather Anderson tendered her resignation. • While it is easy to simply assume everything is understood by selectmen, tax collectors, town clerks, and others—or to merely have the town administrator handle the myriad of tasks— that simply does not work for all New Hampshire’s municipalities. Many of our small towns continued to be staffed by part-time department managers, and did not have a town administrator (even part-time), making it virtually impossible to keep up with the ever-increasing demand for new obligations, forms, reports, etc. • On November 7th, New Hampshire voters rejected the constitutional amendment regarding home rule (CACR 6) proposed by the 1999 General Court. By a vote of 218,875 to 202,367, voters did not favor amending the State’s constitution allowing municipalities to have home rule authority pertaining to its government and affairs, despite the fact this amendment did nothing to alter or limit in any way the state’s right of preemption over municipal powers and functions.

2001 • In past years, New Hampshire’s cities and towns have been faced with a number of natural disasters—ice storms, flooding, dam breaches, and other naturallyoccurring events. As a result of www.nhmunicipal.org

these occurrences, the Public Works Mutual Aid Program was formed in 1998. Fast forward to 2001, and the Program had grown to 65 members. The program allowed a member municipality that did not have the resources to deal with a disaster, to call upon other participating communities for help. • NHMA consolidated the separate departments of Legal Services and Government Affairs into a combined department now known as the Legal Services & Government Affairs Department. The new structure combined the two departments to offer more efficient delivery of services and to take advantage of the close working relationship the two departments had. • Budget years are never easy, and 2001 was no exception. Despite general disappointment, there were victories for cities and towns. Funding for the land and community heritage investment program, defeat of binding arbitration, and workable changes to assessing practices, were among the victories affecting municipalities. • September 11, 2001 has become one of the significant turning points of American history. As with December 7, 1941, and other historic dates, the country was greatly changed in its aftermath. In the wake of the September 11 attack, US Attorney General John Ashcroft directed the US attorney in each state to set up a task force aimed at coordinating the law enforcement response to terrorism.

2002 • The West Nile Virus had seen a significant geographic spread since first arriving in New York City in 1999. In New Hampshire, West Nile Virus was confirmed in 83 birds, 3 mosquito pools and a horse in 2001. New Hampshire’s response varied significantly. Some municipalities engaged in a wide variety of surveillance and control activities, while others took a “wait and see” approach. • More and more, local land use boards were finding themselves dealing with application for wireless facilities, commonly referred to as cell towers. This was the intended result of the passage of the Telecommunications Act of 1996 (TCA), a federal law meant to foster competition in the telecommunications industry and promote the building of a new communications infrastructure in the country. In enacting the TCA, Congress left control of the placement of wireless facilities to local government, but with some major limitations. • Results from New Hampshire’s March town meetings showed that municipalities throughout southern New Hampshire were appropriating significant sums of taxpayer funds to conserve undeveloped land. Ten municipalities approved bonds and appropriations totaling nearly $14 million. • The legislative session was marked by political bickering, intense partisan debate over redistricting, and a seeming inability to compromise over even the smallest detail. Individual and collective safety in the post SEPTEMBER/OCTOBER 2016

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RECENT HISTORY from page 35 September 11 world was a key issue, as were education funding, property tax relief, and assessing. There were 281 laws from the 2002 session and 74 of them affected municipal government in some way. • The Local Government Center purchased a parcel of land adjacent to its current facility in Concord for the planned addition of 4800 square feet of office and conference space for the ever-growing HealthTrust staff and programs. The resulting facility will be 14,400 square feet and provides expanded office space and several meeting spaces to meet the growing demands of NHMA, its Trusts, and affiliate groups.

2003 • More than 700 municipal officials gathered for NHMA’s Annual Conference. 69 workshops were held during the three-day event in Manchester on a myriad of local government-related topics. 101 exhibitors were also on hand to provide valuable information regarding new and existing services, programs and products for the municipal sector.

• Judy Silva, Government Affairs Counsel, was recognized for her 10 years of service representing member interests at the legislature. 36

• In 2003, the New Hampshire Municipal Association and its HealthTrust, Property Liability Trust and Workers’ Compensation programs were reorganized under the umbrella of The New Hampshire Local Government Center. This structure was intended to provide comprehensive and high quality products and services to municipalities, school districts and other governmental entities throughout the state. This was the result of a joint study by the three organizations’ boards, which voted on the reorganization on April 7, 2003. A newly combined board was formed which included representation from all membership constituencies, including municipal, school, county and employee groups. • In 2002, the Town of Derry opened the state’s first off-leash dog park. The dog park was established on a half-acre site of the town’s well field, already protected by a six foot chain link fence. “This place is great.” remarked a visitor to the park, “Every town should have one.” • The Town of Waterville Valley, by a town meeting vote of 100 to 10, enacted one of New Hampshire’s “Dark Sky” ordinance in March. Designed to protect and enhance viewing of the night sky, the ordinance regulates outdoor lighting to reduce glare, save energy, and minimize light pollution. The Town’s ordinance applied to all new or replacement outdoor lighting within town limits. • The .gov (read “dot gov”) domain, originally reserved for United States governmental entities only,

NEW HAMPSHIRE TOWN AND CITY

was made available for state and local level governments as well. This meant that all state governments and programs, cities and towns and counties could register their name in the .gov domain. Domain names are the names we type in our web browser to locate certain web pages.

• The Local Government Center in Concord, which served as home to NHMA, the HealthTrust and Property-Liability Trust since 1989, underwent its second building expansion since then. Construction was underway for a large addition that offered 27,000 square feet of office and meeting space. Meeting space was at a premium due to many of NHMA’s 34 affiliate groups using the Center’s meeting spaces for monthly meetings, training programs and conferences. In addition, staffing for NHMA, HealthTrust and PLT now stood at 83, when just five years ago that number was 60. • Education funding was again a major part of NHMA’s legislative session in 2003 and saw a decrease in the state property tax to $4.92 in 2004 and to $3.24 in 2005. A formula was developed to “stabilize” grants in 2004 and to introduce a targeted aid program for those school districts most in need of funding.

2004 • Municipal officials became increasingly concerned about the www.nhmunicipal.org


availability and quality of groundwater in their communities. Approximately 60% of the state’s population depends on groundwater as its primary sources of water and the other 40% rely on surface water, which comes in part from groundwater. The drought of 2001-2002 played no small role in raising municipal awareness about our dependence on groundwater. • Cordell Johnston joined NHMA’s Legal Services and Government Affairs Department in January as Government Affairs Attorney, as the 2004 legislative session began. Cordell came to NHMA with 19 years of experience with the law firm of Orr & Reno, P.A. At the time, Cordell was also a member of the Henniker Planning Board (he would later serve as Henniker selectman). Cordell still represents municipal interests before the legislature and state agencies today, testifying at public hearings, commenting on proposed legislation and working with NHMA’s Board of Directors and municipal members in NHMA’s biennial Legislative Policy Process. • The newly expanded 41,400 square foot facility known as the Local Government Center was open for business. The building new featured 10 conference rooms, seating more than 300 meeting and program attendees. The new wing of the building also housed Risk Services and Member Relations employees. • In 2004, Cotton Cleveland, specializing in leadership and organizational development, presented a list of “Best Practices” at NHMA’s Annual Conference designed to www.nhmunicipal.org

increase municipal volunteerism. Mather’s research showed that the more sense of community a town or city had, the more volunteerism existed. Also, the more a municipality was effectively led, the more volunteerism existed. Lastly, the more municipal volunteers saw themselves as part of a well-run government, the more they volunteered and the more they encouraged others to volunteer. It’s a classic case of the better it gets, the better it gets. • In an effort to slow down the pace of losing 12,000 to 15,000 acres of open land per year to development, according to the Society for the Protection of New Hampshire Forests, municipal officials and voters began to stop that trend by buying up open space with public taxpayer dollars. Some 29 cities and towns across the state considered proposals for bond issues to finance land conservation projects. Most of the 29 municipalities approved their land conservation proposals by large majorities. • As The Local Government Center (LGC) evolved and restructured with a new board of directors in 2003, NHMA continued to perform its services, such as training and advocacy, as it had been successfully doing since 1941. The new LGC board, comprised of 12 municipal officials, 12 school officials, one county official and 6 employees, oversaw all of LGC’s services to members, including NHMA, the Workers’ Compensation Trust, the PropertyLiability Trust and HealthTrust operations. The new board did not, however, oversee the policy activities of NHMA, which was instead overseen by a separate “municipal advocacy committee” comprised of municipal officials.

• In Verizon New England, Inc. v. City of Rochester, the New Hampshire Supreme Court decided that the City of Rochester could assess a property tax against Verizon (and other utilities and users) for its use of the public ways in the city. The case had a long history, as it was originally brought in 1996, decided in 1999, remanded to the superior court, and appealed again. This would not be the last controversy between municipalities and utilities over the taxation of telephone poles and conduits.

2005 • Barbara Reid joined the Legal Services and Government Finance Department as Government Finance Advisor. This new position was designed to broaden the range of services to municipal officials, specifically in the areas of budget, finance and taxation. Barbara came from the state Department of Revenue Administration where she served for 18 years, most recently having served as Assistant Commissioner. • Ashley Monier filled the position of Communications Secretary for LGC in August, 2005. Ashley received her Bachelor’s degree in Sociology from Keene State College, and was most recently employed at Manchester Academy as a case manager. Ashely joined NHMA in 2014 and continues to serve members in her role as NHMA’s Conference and Workshop Coordinator today. • A total of 295 chapters were adopted in the 2005 legislative session SEPTEMBER/OCTOBER 2016

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RECENT HISTORY from page 37 from 961 bills filed. Among those passed were bill affecting revolving funds, liability protection for municipal public works and highway employees, groundwater withdrawals, school building aid, retirement and budget issues. Fifteen NHMA policy bills were introduced; five passed or were resolved favorably, nine were retained or rereferred, and one passed contrary to municipal interests.

attorneys, Kimberly Hallquist (who had previously worked for the Disabilities Rights Center in Concord and as administrative assistant in the Town of Carroll) and

Christine Fillmore (who practiced environmental law and commercial transactions for a Concord law firm.)

• Over the last decade, New Hampshire experienced a major population boom. From 1993 to 2003, the state’s population increased by 14.8 percent, a faster growth rate than experienced by any other New England state. This rise in population created a housing crisis in New Hampshire and the lack of affordable housing impacted both employers and municipalities alike. While most of New Hampshire’s municipalities agreed that the state’s housing crisis needed to be addressed, many adopted a “not in my backyard” approach, slowing the development of affordable housing within their borders. • The Legal Services and Government Affairs Department welcomed two new staff

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NEW HAMPSHIRE TOWN AND CITY

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 Telecommunica�ons  Tax Assessment  Eminent Domain

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

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Toll Free: (800) 566‐0506

SEPTEMBER/OCTOBER 2016

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UP CLOSE & In the Field

PERSONAL W

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 local government officials from New Hampshire municipalities. In this issue, we hope you enjoy meeting Ruth Ward, a member of the planning board in the Town of Stoddard.

TC: What are your duties and responsibilities as a planning board member? RW: I have been a member, and chair of many boards, all of them as a volunteer. An elected official on a town board is still a volunteer, maybe with a small stipend, but now with responsibilities extended to the entire town and its residents. Primary responsibilities for a planning board member is to know the local ordinances, the site plan review process, and finding your way through the state statutes. It can be a daunting prospect, and this is where the NHMA is invaluable. TC: What is your biggest challenge in performing your duties? RW: The challenge on any municipal board is to fulfill your responsibilities. That means keeping abreast of changes in the law. Reading Town and City is important as every issue has little nuggets of information that are helpful.

Ruth Ward

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 townandcity@nhmunicipal.org.

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TC: How has NHMA helped you to do your job? RW: NHMA has workshops on a variety of subjects, webinars on pertinent topics, including the Municipal Law Lecture Series. With all these educational offerings, there is little excuse not be up-to-date on changing laws and regulations. TC: What is the public perception about your job and how does it differ from the reality of your job? RW: One particular occasion comes to mind. I was on the board of the ZBA when my town received an application for a cell tower. I had just attended the 2010 Municipal Law Lecture on Cell Towers – How to Manage the Application Process. It was a godsend. The change from not having any knowledge of the Telecommunications Act of 1996, to being able to understand the rules, and learning what role communities had in the approval process, was huge. I did a lot of research on that topic, and eventually was instrumental in getting a new, updated ordinance. I actually became so interested in the law, that I got a certificate in paralegal studies. (Next best thing to a law degree!) TC: Has your public position changed you personally? RW: Because I am an elected official there is a strong sense of responsibility to the citizens. When facing rules, or decisions, the thing uppermost in my mind is: what is best for my town? That can only be accomplished if people talk to you, which means I have to be a good listener. There are times when proposed legislative changes are not in the best interest for the town or its citizens. These are the moments you have to speak up and talk to your legislators.

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Looking for an employee or a job? NHMA members and municipalities across the country are invited to submit postings to appear on our website. Visit www.nhmunicipal.org for more information or submit your ad by email to classifiedads@nhmunicipal.org.

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UP CLOSE & In the Field

PERSONAL W

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 local government officials from New Hampshire municipalities. In this issue, we hope you enjoy meeting Scott Bryer, Selectman in the Town of Northwood.

TC: What are your duties and responsibilities as Selectman? SB: The duties of the board are to manage the prudential affairs of the town and perform other duties as prescribed by law. The Town of Northwood has a three member board that acts as the executive branch of the town. All major policy and financial decisions are made by the board during public meetings. The board is responsible for the hiring of a town administrator who manages the daily operations of the town on behalf of the board. I currently serve as the chair of the board of selectman and have been a selectman since 1999 serving my fifth consecutive term.

Scott Bryer

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 townandcity@nhmunicipal.org.

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TC: What is your biggest challenge in performing your duties? SB: Since this is an elected position, we typically see turnover on the board every couple of years. For many individuals this is their first experience working in a municipal environment. Sometimes their perspective of an issue is in conflict or violation of established town policies and or state statutes. My biggest challenge is trying to work out misunderstandings and try to come to a consensus that works for the majority of the board and that is in the best interest of the town. TC: How has NHMA helped you to do your job? SB: I have taken advantage of several of the annual conferences over the years in particular the GFOA conference in North Conway and the NHMA conference in Manchester. I found the workshops and the networking opportunities at these events to be very informative. I have been able to utilize this knowledge in real decisions as a selectman. TC: What advice would you give someone who would like to follow in your footsteps into this job? SB: As a member of a board you need to have an open mind to other individuals’ opinions and be willing to compromise in order to do what is best for the municipality. However, there will be times that you will have to agree to disagree, but don’t ever take these disagreements personal.

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Tech

Insights By Tim Howard

Stop Digging Through Old Records!

E

ffective August 8, 2016, a new law (Chapter Law 226; HB 1395) means cities and towns can store certain files and documentation electronically, in addition to physically. You may be thinking that this is going to create a greater workload, but the reality is the workload will decrease. You will need to choose the right storage method or software and make the transition to electronic document storage; then challenges you face today will soon be a distant memory! Top 3 reasons to move your records to electronic format are: • Microfilm machines are no longer easily accessible and are quite pricey. • Paper records and documents are EASILY susceptible to fires, difficult to maintain, and there is NO backup. • Secure physical storage may become increasingly difficult, and retrieving them from piles of documents could take hours, or perhaps days. • Paper records are not easily searchable. • One person who was very active in the development of this new law is Shaun Mulholland, town administrator of Allenstown. In fact, the Town of Allenstown was the driving force behind this legislative change and was instrumental in getting local legislators to introduce a bill on behalf of the town. Mulholland pushed the issue for many reasons, including promoting more transparent government: “Over the last three years, Allenstown has been moving to a paperless process, eliminating paper anywhere we can. We sign everything electronically, and scan things to become electronic, with the goal of eventually having everything on our website for the citizens to have access to on a consistent basis.” With the passage of Chapter 226, the process of retaining documents should be simplified. The new law allows you to save files as PDF/A documents (ISO 19005-1 compliance standard). At first, Mulholland said he was concerned the town would have to spend quite a bit to purchase multiple Adobe Professional Licenses in order to create a PDF/A version. Fortunately, Mulholland was able to obtain a free version of Adobe Reader that was capable of creating documents in PDF/A format. Currently, Allenstown stores its documents and records in a network drive which is securely 44

NEW HAMPSHIRE TOWN AND CITY

backed up in multiple locations. The goal is to eventually host these documents so the public can retrieve the files remotely and consistently. At this time, Allenstown is looking into software solutions for storing documents. Mulholland reported that they have looked into a couple solutions, including DocumentMall and New England Document Systems. Although no decision has been made yet, New England Document Systems was a more attractive consideration because they price their services on your individual storage needs and are locally operated in Manchester. From a technology stand point, there are a few other things for you to consider: 1. I f you are going to store your files in a traditional network drive, you should make sure you have a modern security solution in place to prevent data breaches or viruses. Additionally, you will need a solid backup solution in place in case of a disaster like fire, accidental deletion, viruses, etc. 2. I f you are going with a software solution, you will have to decide if an on-premise solution or cloudbased solution is best for you. • Benefits of an On-Premise Solution: You would not be paying the additional fees of a service subscription, and the data is easily accessible. • Benefit of a Cloud Solution: You can retrieve your data from anywhere, and you will not have to worry about managing the infrastructure. Additionally, you will most likely only pay for the amount of data you are consuming. Whichever solution you choose, the ability to now electronically store records should greatly improve the storage and retrieval process of your public documents and records. Tim Howard is President and CEO of RMON Networks, an IT Support Company specializing in services for municipalities since 2002. He can be reached at 603-869-7323, or thoward@ rmonnetworks.com.

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Legal

Q and A

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

Multi-Year Contracts Towns and cities are organized so that annual appropriations cover anticipated expenditures for one fiscal year. For towns, this concept is a mandate under RSA 32:7. For cities, this budget limitation is embodied in most, if not all, City Charters. Nevertheless, many equipment and service vendors will offer discounts if the municipality enters into a multi-year agreement. This article will address how and under what circumstances multi-year agreements are permitted. The most common examples are extended equipment leases and multi-year collective bargaining agreements (CBAs).

Q: What are the necessary legal requirements to make binding a multi-year Collective Bargaining Agreement(CBA)? A: For a CBA to create a binding, multi-year obligation on the municipality, there must be adequate disclosure of all the financial terms of the agreement, the so-called “cost items,” under RSA Chapter 273-A. The term for such disclosure is “Sanbornizing” the agreement, which comes from the leading case, Appeal of the Sanborn Regional School Board, 133 N.H. 513 (1990). In the Sanborn case, the Supreme Court upheld the validity of multi-year collective bargaining agreements under RSA Chapter 273-A, which comprehensively governs the public employee collective bargaining process. The statute provides that once an agreement is reached between the employer board and the union, the “cost items” of the agreement, defined as “any benefit acquired through collective bargaining whose implementation requires an appropriation by the legislative body of the public employer with whom negotiations are being conducted,” must be submitted to the legislative body for approval. Although multi-year agreements are authorized by RSA Chapter 273-A, the Court in Sanborn held that the school district was not bound to fund the second and third years of the CBA because the voters at the district meeting who were supposed to ratify the cost items had not been adequately informed of the financial terms by the language of the warrant article or by other means. In other words, at the time of the vote on the first 46

NEW HAMPSHIRE TOWN AND CITY

year of the contract, the voters must be made fully aware of the financial obligations of all future years. See also Foote v. Bedford School District, 152 N.H. 599 (2005); Appeal of Franklin Education Association, 136 N.H. 332 (1992); Blood v. Manchester Electric Light Co., 68 N.H. 340 (1895).

Q: Is there specific statutory authority permitting municipalities to enter into multi-year contracts? A: Yes. Under the provisions of RSA 149-M:17, IV, the legislative body can approve a contract with a term of up to 40 years with the owners or operators of solid waste disposal facilities for the disposal of solid waste. The legislative body may also transfer any land interest to the owner or operator of solid waste disposal facilities by deed or by lease with a term of not more than 40 years. RSA 149-M:17, V.

Q: What about multi-year lease-purchase agreements? A: Multi-year lease-purchase agreements for equipment are regarded as long-term debt (like a bond, they require a stream of payments to pay principal and interest over time) and thus also require a two-thirds (or three-fifths) ballot vote approval by the legislative body unless it contained a fiscal funding clause. As provided in RSA 33:7-e, lease-purchase agreements with so-called “escape” or “nonappropriation” clauses, which terminate the agreement automatically without penalty to the municipality if the requisite annual appropriation is not made, are not long-term debt and thus may be approved by a simple majority vote of the legislative body.

Q: The select board has been offered a great deal to provide the town internet and IT services by a vendor, but the agreement must be for a three-year term. What can the select board do? A: The governing body board could agree to the three-year term with an escape clause. Modify the proposal by the vendor to provide that funding for years two and three of the agreewww.nhmunicipal.org


ment are dependent upon further legislative body approval. In the alternative, the agreement could provide that the subsequent years of the agreement will be submitted to legislative body to approve the appropriation for the balance of the contract price.

Q: The municipality has received a proposal from an energy company to enter into a purchase power agreement at a fixed kWh cost for a five (5) year period. Can such an agreement be Sanbornized for approval by the legislative body?

fixed for the term of the contract so that component is certain. The remainder of the energy cost equation would require some reasonable estimate of the municipality’s annual electrical energy consumption. So long as the estimated energy consumption was a reasonable approximation of the municipality’s energy consumption on an annual basis, combined with the fixed cost per kilowatt hour, this would permit the presentation of the probable actual cost of the

purchase power agreement for the full term of the agreement. Such information would likely constitute an adequate disclosure of the financial terms of the agreement and satisfy the requirement that the agreement be sanbornized. Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 800.852.3358 ext. 3408 or at legalinquiries@nhmunicipal.org.

A: The duty to adequately inform the legislative body of all of the financial terms of such a purchase power agreement would likely require that the yearly cost of energy be disclosed for each year of the agreement. The per kilowatt hour cost of electricity would be stated and

Court

Update

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

Court Update, previously a regular column in New Hampshire Town and City magazine, has moved to the New Hampshire Municipal Association web site to provide more timely information to NHMA members. Opinions will be posted after they are released, and a reminder will be included here and sent in Newslink. To read previous Court Update columns, please visit www.nhmunicipal.org.

Now available online: Public Safety Issues May be Considered When Imposing Weight Limits Brentwood Distribution LLC v. Town of Exeter, New Hampshire Supreme Court No. 2014-0729, 7/7/2016 “Practical Obscurity:” Individuals Have Some Privacy Interest in Identity and Whereabouts New Hampshire Right to Life v. Director, New Hampshire Charitable Trusts Unit, New Hampshire Supreme Court, No. 2015-0366, 6/2/2016

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Available Publications TITLE

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Basic Financial Policies: A Guide for New Hampshire Cities and Towns (2009)

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Basic Law of Budgeting: A Guide for Towns, Village Districts and School Districts (2015)

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Guidebook for New Hampshire Elected City Officials (2012)

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Hard Road to Travel: New Hampshire Law of Local Highways, Streets and Trails (2015)

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How to Regulate Junk and Junkyards: A Guide for Local Officials (2007)

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Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials (2016)

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NH Municipal Officials Directory (2016/2017)

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NEW HAMPSHIRE TOWN AND CITY

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How Does Your City or Town Stack Up? A Workshop on Organizational Performance Measurement

Friday, September 30, 2016

9:00 a.m.— 11:30 a.m. NHMA Offices 25 Triangle Park Drive, Concord, NH 03301 This class, hosted by NHMA and presented by Daniel Bromberg, Assistant Professor of Political Science at the University of New Hampshire and Director of the M.P.A Program, will provide user-friendly, non-prescriptive strategies that will assist municipal managers and department heads in developing and implementing a performance measurement system. Performance measurement is an advanced management process whereby organizations assess how well they are doing compared to their previous performance, compared to other organizations, or compared to previously established targets. This workshop will focus on basic concepts of performance measurement and move towards more advanced utilization concepts and outcomes. By the end of the workshop, participants will learn how to develop a basic performance measurement system, overcome the common pitfalls associated with performance measurement, and learn the most effective ways to communicate performance results to a wide group of stakeholders.

Cost: $45 per person. Registration 8:30 a.m.— 9:00 a.m.

Register online at www.nhmunicipal.org under CALENDAR OF EVENTS

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

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25 Triangle Park Drive Concord, NH 03301

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