New Hampshire Town and City, September-October, 2018

September/October 2018

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Contents Table of

Volume LXI • Number 5

September/October 2018

3 A Message from the NHMA 5 Happenings 7 Upcoming Events 42 The HR Report: Agency Fees, Fair Share and the Janus Decision 44 This Moment in NHMA History/Name That City or Town 45 Affiliate Member Spotlight: New Hampshire Association of Assessing Officials

Center Spread: NHMA's 77th Annual Conference

8 13 17 21 23 29 TM 31 35 37

The Secrets of Successful Small Communities Collaboration is Key! Communities Can Influence Demographic Trends Complementary Efforts: State and Municipal Economic Development Strengthening New Hampshire’s Communities Yes, In My Backyard: Workforce Housing Key to Sustainable Local Economies Using Trademarks as a Tool to Boost Local Economic Development Through Place Branding A Strong New Hampshire Economy Starts in Our Own Back Yards New Laws Will Affect Land Use Boards

Cover Photo: Richmond Town Hall photo provided by Heidi L. Wood, former Town Administrator, Town of Richmond.

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

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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 2018 New Hampshire Municipal Association

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New Hampshire Municipal Association

B OA R D O F D I R E C TO R S Brent Lemire - Chair Selectman, Litchfield

Donna Nashawaty - Vice Chair Town Manager, Sunapee

Shaun Mulholland - Treasurer Manager, Lebanon

Candace Bouchard - Secretary Councilor, Concord

Scott Myers Immediate Past Chair City Manager, Laconia

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Shelagh Connelly Selectman, Holderness

Phil D’Avanza Planning Board, Goffstown

Lisa Drabik Asst. Town Manager, Londonderry

M. Chris Dwyer Councilor, Portsmouth

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Bill Herman Town Administrator, Auburn

Rick Hiland Selectman, Albany

Christopher Herbert Alderman, Manchester

Harold Lynde Selectman, Pelham

Jim Maggiore Selectman, North Hampton

Carolyn McCarley Mayor, Rochester

John Scruton Town Administrator, Barrington

David Stack Town Administrator, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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NEW HAMPSHIRE TOWN AND CITY

As of January 25, 2018

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A Message from the

NHMA

T

his special edition of New Hampshire Town and City magazine is dedicated to the issue of economic development. If you are missing some of the regular features, they will return. In preparing this edition, we sent requests to many potential authors and contributors, and quite frankly, the return was bountiful. As such, we decided to dedicate this issue to economic development and we hope you benefit from these articles.

The need of some of our members for economic development support was recently brought to our attention when a police chief, who was tasked by his selectman to generate some economic development ideas, contacted our office seeking assistance. That email gave us the impetus for this special edition of New Hampshire Town and City.

Thanks Chief, this issue is for you.

In this issue, you can learn what national and New Hampshire professionals have to say about creating a “sense of place” with existing assets and local resources.

Our feature article, by Edward T. McMahon, a Senior Resident Fellow at the Urban Land Institute in Washington, D.C., discusses “The Secrets of Successful Small Communities” and describes how small towns can capitalize on their distinct assets, rather than trying to adopt a new and different identity.

You will learn from former chamber executive Robin Comstock (now City of Somersworth’s Economic Development Manager) how “collaboration is key” for jump starting this planning process in your city or town.

PolEcon’s Brian Gottlob’s writes about “Demographics is the New Economic Development” providing a new and insightful perspective of how cities and towns already hold the keys in influencing efforts to attract businesses.

Workforce housing, branding, regional collaboration, state and federal programs supporting economic development, and more -- it’s all here. We even have an article from the Commissioner of Business and Economic Affairs, Taylor Caswell, highlighting the complimentary efforts of state and municipal economic development.

The approaches to economic development among municipalities are as varied as the cities and towns themselves. While there may be a lead economic developer (or not) in your city or town, municipal government will always have a role to play in supporting and facilitating economic development and growth. What you will learn in this issue is that economic development is a team sport and we are all in this together --- at both the local level as well as the state level.

We hope you enjoy reading this special edition of New Hampshire Town and City.

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2 Right-to-Know Workshops Each $75 and includes breakfast and publication NHMA offices, 25 Triangle Park Drive, Concord The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and advisory committee in every town, city, and village district in New Hampshire must comply with this law, which requires that discussions and actions of these bodies take place in a public meeting, subject to exceptions.

Public Meetings and Nonpublic Sessions

The Right-to-Know Law and Governmental Records

9:00 am—12:30 pm

9:00 am—12:30 pm

Friday, September 28 Join Legal Services Counsel Stephen Buckley and Staff Attorney Margaret Byrnes, who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called “non-meeting”). Then the attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session. This workshop will also address difficult “meeting” issues, such as communications outside a meeting and electronic means of communicating. There will be ample time for questions and answers.

Who Should Attend?

Everyone in Municipal Government

nt

a

me vewrn go Know La opre’es n Right-toto e shi mp id New Ha gu

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

Tuesday, October 16 Join NHMA’s Legal Services Counsel Stephen Buckley and Staff Attorney Margaret Byrnes who will share strategies to assist municipalities in handling governmental record matters arising under the Right-to-Know Law. Guidance will be provided on determining what is a governmental record, where records must be stored, and when and how access and copies of public records must be provided. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to -Know Law are enforced.

RSA 91-A Impacts Every Aspect of Municipal Government in our State.

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

Questions? Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org.

Attendees receive the NHMA publication, A Guide to Open Government: New Hampshire's Right-to-Know Law.

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NEW HAMPSHIRE TOWN AND CITY

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HAPPENINGS On Monday, June 25, 2018, the U.S. Environmental Protection Agency (EPA) held a listening session in Exeter to hear directly from New England stakeholders on per- and polyfluoroalkyl substances (PFAS).

NHMA’s Government Finance Advisor Barbara NHMA’s Barbara Reid offers testimony to EPA Officials on PFASs. Reid testified on behalf of our members and those of six co-signers, including the Granite State Rural Water Association, New Hampshire Water Works Association, New Hampshire Water Pollution Control Association, the New Hampshire Farm Bureau Federation, North East Biosolids & Residuals Association, and the New England Water Environment Association.

Among other concerns, Reid emphasized that the costs of addressing PFAS in public water and wastewater systems will be borne by rate-payers and tax payers and any change in contamination standards need to be balanced along with other governmental responsibilities and competing public demand for municipal services.

Packed House for Code Enforcement Workshop!

Over 70 members, many of them code enforcement officers, fire chiefs, health and building inspectors, attended a workshop devoted to code enforcement issues on Friday, June 1st at NHMA offices in Concord. Attendees received a new publication, A Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations, as part of this training.

Our workshop presenters, NHMA’s Legal Services Counsel Stephen Buckley, Staff Attorney Margaret Byrnes and Attorney Matt Serge of Drummond Woodsum, provided members with practical guidance on how to navigate the nuanced procedures aswww.nhmunicipal.org

Attorney Matt Serge leads discussion on how to best investigate and enforce code issues.

sociated with code enforcement, as well as practical advice in pursuing an enforcement action against noncompliant property owners. Our legal experts addressed some of the most difficult issues under the law, including hoarding, dilapidated buildings and junkyards.

Croteau Recognized for over 70 Years as Newbury Firefighter John “Mike” Croteau is a native and lifelong resident of Newbury.

Mike, as known to his friends and family, started working at the Newbury Fire Department in 1945 at 15 years old, over 70 years ago. At that time his dad was the fire chief. Mike’s main responsibility was to make sure that the cinders from the trains on the Concord to Claremont line bringing tourists to and from Lake Sunapee didn’t catch the blueberry bushes on fire. This is how Mike got his start so young, by putting out these brush fires.

Mike was a long-time employee of the State of New Hampshire Department of Transportation. He worked there as an engineer. While working there all those years, he also continued going through the ranks to become the Newbury Fire Chief, just as his dad was.

He also has served in the position as Forest Fire Warden. We think Mike probably knew Smokey when he was just a young bear (excerpted from town correspondence dated March 6, 2015). Forty years in any profession is an amazing feat! Seventy-three years makes Mike a legend!! Congratulations Mike!!!

Historic Funding Available for Public Drinking Water and Wastewater Infrastructure In March 2018, Congress provided a historic level of funding that included $5.2 billion for United States Department of Agriculture (USDA) loans SEPTEMBER/OCTOBER 2018

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HAPPENINGS from page 5 and grants for water and wastewater infrastructure in rural communities under 10,000 population. At this level, USDA, under the leadership of Secretary Sonny Perdue, has the necessary resources to completely address the $3 billion backlog and ensure additional investments are targeted to rural communities with the greatest infrastructure needs.

According to Granite State Rural Water Association’s Executive Director, Jennifer Palmiotto, “New Hampshire is mostly served by small public drinking water and wastewater systems located in rural areas. This funding in the form of grants and loans can make all the difference in making a viable project.”

also apply through one of USDA Rural Development’s state or field offices.

Rural community leaders can apply for these funds electronically by using the interactive RD Apply tool. They can

Basic Loan Requirements:

The Bond Bank’s Next Bond Issue will be on January 9, 2019 June 2018 Bond Sale Results True Interest Cost for:

Are you planning a capital project for 2019?

5 year loans 2.22% 10 year loans 2.57% 15 year loans 2.93% 20 year loans 3.24% 25 year loans 3.55%

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.

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

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

Lebanon Middle School, Lebanon, NH

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NEW HAMPSHIRE TOWN AND CITY

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Upcoming

Events SEPTEMBER Labor Day (NHMA Offices Closed) Monday, September 3

NHMLA/NHMA Workshop: Government Meeting Disuptions Thursday, September 6 2:00 pm – 4:15 pm NHMA Offices, 25 Triangle Park Drive, Concord Workshop: Budget and Finance Wednesday, September 12 9:00 am – 4:30 pm Derryfield Banquet Facility, Manchester NHMA’s Legislative Policy Conference Friday, September 14 9:00 am – 12:00 noon NHMA Offices, 25 Triangle Park Drive, Concord Webinar: The ABCs of RPCs Wednesday, September 19 12:00 noon – 1:00 pm Workshop: Budget and Finance Thursday, September 20 9:00 am – 4:30 pm Mt. Club on Loon, Lincoln 2018 Municipal Law Lecture Series Wednesday, September 26 7:00 pm – 9:00 pm 14 Manning Street, Derry Cheshire County Hall, Keene Stratham Municipal Center, Stratham

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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.

Workshop: Public Meetings and Nonpublic Sessions NHMA Offices, 25 Triangle Park Drive, Concord Friday, September 28 9:00 am – 12:30 pm

OCTOBER Webinar: Elections: From Registration to Results Wednesday, October 3 12:00 noon – 1:00 pm 2018 Municipal Law Lecture Series Wednesday, October 3 7:00 pm – 9:00 pm 14 Manning Street, Derry Cheshire County Hall, Keene Stratham Municipal Center, Stratham Workshop: A Hard Road to Travel Thursday, October 4 9:00 am – 1:00 pm NHMA Offices, 25 Triangle Park Drive, Concord 2018 Municipal Law Lecture Series Wednesday, October 10 7:00 pm – 9:00 pm 14 Manning Street, Derry Cheshire County Hall, Keene Stratham Municipal Center, Stratham Workshop: The Right-to-Know Law and Governmental Records NHMA Offices, 25 Triangle Park Drive, Concord Tuesday, October 16 9:00 am – 12:30 pm 2018 Municipal Law Lecture Series NHMA Offices, 25 Triangle Park Drive, Concord Saturday, October 20 9:00 am – 4:00 pm

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The

Secrets

of Successful

Small Communities

By Edward T. McMahon

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NEW HAMPSHIRE TOWN AND CITY

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ow is it that some small cities and towns are prospering, while many others are suffering disinvestment, loss of identity and even abandonment?

Why are some communities able to maintain their historic character and quality of life in the face of a rapidly changing world, while others have lost the very features that once gave them distinction and appeal? How can communities, both big and small, grow without losing their heart and soul?

From coast to coast, communities are struggling to answer these questions. After working in hundreds of communities in all regions of the country, I have come to some conclusions about why some communities succeed and others fail.

Many communities have found ways to retain their smalltown values, historic character, scenic beauty and sense of community, yet sustain a prosperous economy. And they’ve done it without accepting the kind of cookie-cutter development that has turned many communities into faceless places that young people flee, tourists avoid and which no longer instill a sense of pride in residents.

Every “successful” community has its own strengths and weaknesses, but they all share some common characteristics.

It’s clear for instance that successful communities involve a broad cross-section of residents in determining and planning for the future. They also capitalize on their distinctive assets – their architecture, history, natural surroundings, and home grown businesses – rather than trying to adopt a new and different identity. Most successful communities also utilize a variety of private-sector and market incentives to influence new development, instead of relying solely on government regulations.

Not every successful community displays all of the following characteristics, but most have made use of at least 3 or 4: 1. Have a vision for the future 2. Inventory assets 3. Build plans on the enhancement of existing assets 4. Use education and incentives, not just regulation 5. Pick and choose among development projects 6. Cooperate with neighbors for mutual benefit 7. Pay attention to community aesthetics 8. Have strong leaders and committed citizens

Have a Vision for the Future Successful communities always have a plan for the future.

Unfortunately, “planning” is a dirty word in some communities, especially in small towns and rural areas. In some places, this is the result of today’s highly polarized political culture. In other places, it results from a misunderstand-

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ing of planning and its value. The truth is, failing to plan, simply means planning to fail. It is difficult to name any successful individual, organization, corporation or community that doesn’t plan for the future.

Try to imagine a company that didn’t have a business plan.

It would have a very hard time attracting investors or staying competitive in the marketplace. The same is true of communities. A community plan is simply a blueprint for the future. People may differ on how to achieve the community’s vision, but without a blueprint, a community will flounder.

Understandably, people in small towns don’t like change.

But change is inevitable. Technology, the economy, demographics, population growth, market trends and consumer attitudes are always changing and they will affect a community whether people like it or not. There are really only two kinds of change in the world today: planned change and unplanned change.

Communities can grow by choice or chance. Abraham Lincoln used to say that “the best way to predict the future is to create it yourself.” Communities with a vision for the future will always be more successful than communities that just accept whatever comes along.

Inventory Community Assets Creating a vision for the future begins by inventorying a community’s assets: natural, architectural, human, educational, economic, recreational, scenic, etc. Successful communities then build their plans - whether a land use plan, a tourism plan or an economic development plan – around the enhancement of their existing assets.

Twenty-first century economic development focuses on what a community has, rather than what it doesn’t have.

Too many communities spend all their time and money on business recruitment. They build an industrial park out by the airport and then they try like crazy to attract a plant, factory or distribution center to move there. The few communities that are successful at this strategy usually accomplish it by giving away the store.

The old economic development paradigm was about cheap land, cheap gas and cheap labor. It was about shotgun recruitment and low cost positioning. In the old economy, the most important infrastructure investment was roads. Today, successful economic development is about laser recruitment and high value positioning. Today highly trained talent is more important than cheap labor and investing in educa-

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SUCCESSFUL from page 9 tion is far more valuable than widening the highway.

Another mistake is thinking that economic revival is about “the one big thing”. American communities are littered with projects that were sold as a “silver bullet” solution to a city’s economic woes. Whether it is a convention center, a casino, a new mall or factory, a sports arena or an aquarium, city after city has followed the copycat logic of competition. If your city has a big convention center, my city needs an even bigger one. Festival marketplaces, for example, worked fine in cities like Boston and Baltimore, but similar projects went bankrupt in Toledo, Richmond, Jacksonville and a dozen other communities. Successful economic development is rarely about the one big thing. More likely, it is about lots of little things working synergistically together in a plan that makes sense. In her award winning book –The Living City – author Roberta Gratz says that “successful cities think small in a big way.”

Shape Plans Around Existing Assets After communities have inventoried their assets, they shape their future around them. Whether it is a land use plan, a tourism plan or an economic development plan, savvy communities build on what they already have.

Sometimes the assets of a community are obvious. Other times, they are not so obvious. Annapolis, Maryland, for example has obvious assets: the US Naval Academy, an abundance of historic buildings, an attractive and accessible waterfront and a long history of maritime activity. Given these assets, it is only natural that Annapolis has become the home of both the National Sailboat Show and the National Powerboat Show, which together attract almost 100,000 visitors a year.

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Economic Development 20th Century Model

21st Century Model

• Public sector leadership

• Public/Private Partnerships

• Shotgun recruitment strategy

• Laser recruitment strategy

• Low cost positioning

• High value positioning

• Cheap labor

• Highly trained talent

• Key infrastructure = roads

• Key infrastructure = education

• Focus on what you don't have

• Focus on what you do have

• Driven by transactions

• Driven by an overall vision

Jackson, Wyoming is another community with obvious assets: world class scenery, abundant wildlife and outdoor recreation resources. Jackson and Teton County, Wyoming have built their economy around the marketing and promotion of these assets. However, they have also built their land use plans around the protection of these assets. For example, they prohibit outdoor advertising to ensure that the world class scenery is not degraded.

They have mapped the wildlife migration corridors to ensure that new development does not block the large herds of elk that attract visitors from all over the world, etc.

In other communities, the assets are not so obvious. Consider Lowell, Massachusetts. In 1975 Lowell was a dying industrial city. It had an unemployment rate of over 20 percent; it was littered with abandoned factories and empty textile mills. It was hemorrhaging jobs and people. The common wisdom was that without manufacturing, it had few assets and a dim future.

Today, Lowell is one of the Rust Belt’s great success stories. The once empty mills have come back to life, not as factories, but as housing, offices, shops, restaurants, hotels and museums. Even the University of Massachusetts at Lowell -now the city’s largest employer

NEW HAMPSHIRE TOWN AND CITY

- moved downtown, into restored industrial buildings.

Use Education and Incentives not just Regulation Successful communities use education, incentives, partnerships and voluntary initiatives not just regulation.

To be sure, land use regulations and ordinances are essential to protecting public health and to setting minimum standards of conduct in a community.

Regulations protect the environment and prevent the worst in development, but they rarely bring out the best. Regulations are also subject to shifting political winds. Often one county commission or town council will enact tough regulations only to see them repealed or weakened by a future town council with a different ideology or viewpoint.

If regulations aren’t the entire answer, how can a community encourage new development that is in harmony with local aspirations and values? Communities need to use carrots not just sticks. They need to identify creative ways to influence the development process outside of the regulatory process. For example, they might make it easier to develop in places where the town wants new development, like in downtown. They could also www.nhmunicipal.org

identify barriers to good development and use incentives like expedited permit review, conservation easements, purchase of development rights, tax abatements for rehabilitation of historic buildings, award and recognition programs, density bonuses for saving open space and other techniques.

proof is everywhere. Communities that set low standards or no standards will compete to the bottom. On the other hand, communities that set high standards will compete to the top. This is because they know that if they say no to bad development they will always get better development in its place.

In Staunton, Virginia the Historic Staunton Foundation offered free design assistance to any downtown business owner who would restore the façade of their building. They did this after the city council had rejected a measure to create an historic district in downtown Staunton.

Too many elected officials have an “it’ll do” attitude toward new development. Worse yet, they’ll accept anything that comes down the pike, even if the proposed project is completely at odds with the community’s well thought out vision for the future.

They are simply afraid to place any demands on a developer for fear that the developer will walk away if the community asks for too much. This is especially true when dealing with out-of-town developers or with national chain stores and franchises.

At first, only one business owner took advantage of the incentive, but then a second business owner restored his building facade, and then a third, and then many more. Today, there are five historic districts in Staunton including the entire downtown, but it all began with an incentive.

Successful communities also use education to encourage voluntary action by citizens. Why do cities and towns need to use education? Because, education reduces the need for regulation. Also, because people and businesses will not embrace what they don’t understand.

Finally, community education is important because, citizens have a right to choose the future, but they need to know what the choices are.

Pick and Choose Among Development Projects All development is not created equal.

Some development projects will make a community a better place to live, work and visit. Other projects will not. The biggest impediment to better development in many communities is a fear of saying “no” to anything.

In my experience, communities that will not say “no” to bad development, will get the worst of everything. The www.nhmunicipal.org

The bottom line for most developers, especially chain stores and franchises, is securing access to profitable trade areas.

They evaluate locations based on their economic potential. If they are asked to address local design, historic preservation, site planning or architectural concerns they will usually do so.

Bob Gibbs, one of America’s leading development consultants says that “when a chain store developer comes to town they generally have three designs (A, B or C) ranging from Anywhere USA to Unique (sensitive to local character).

Which one gets built depends heavily upon how much push back the company gets from local residents and officials about design and its importance.”

Chain stores like CVS and Walgreens are proliferating across the country.

They like to build featureless, single story buildings on downtown corners, usually surrounded by parking - often after demolishing one or more historic downtown buildings.

This is what CVS proposed in David-

son, North Carolina. The town could have easily accepted the cookie cutter design (Plan A), but instead it insisted on a two-story brick building, pulled to the corner with parking in the rear.

CVS protested, but eventually, they built what the town wanted because they recognized the economic value of being in a profitable location.

The lesson learned is that successful communities have high expectations.

They know that community identity is more important than corporate design preferences.

Cooperate with Neighbors for Mutual Benefit Historically, elected officials have tended to view neighboring communities, the county government and even the managers of adjacent national parks or other public lands as adversaries rather than allies. Some community leaders see economic development as a “zero-sum” game: if you win, I lose.

Successful communities know that today’s world requires cooperation for mutual benefit. They know that the real competition today is between regions. They also understand that very few small towns have the resources, by themselves, to attract tourists or to compete with larger communities. Regional cooperation does not mean giving up your autonomy. It simply recognizes that problems like air pollution, water pollution, traffic congestion and loss of green space do not respect jurisdictional boundaries. Regional problems require regional solutions.

There are numerous examples of communities working together for mutual benefit. In the Denver Region, 41 communities cooperated to support funding for a regional transit system (i.e. Fast Tracks). Cleveland area communities cooperated to build a Metro parks system. Minneapolis and St. Paul collaborate on tax base sharing.

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SUCCESSFUL from page 11 Even small rural communities can cooperate for mutual benefit. Small towns in Mississippi have worked together to organize and promote US 61 as “the Blue’s Highway,” linking Memphis with New Orleans. Similarly, five rural counties on Maryland’s Eastern Shore collaborated with the Eastern Shore Land Conservancy to create a regional agreement to preserve farmland and open space.

Pay Attention to Place During the development boom of the 1980’s, Time Magazine ran an article about what they called “America’s growing slow-growth movement.” The article began with a quote from a civic activist in Southern California, who said “we were in favor of progress, until we saw what it looked like.” Looks count! Place matters! Mark Twain put it this way, “We take stock of a city like we take stock of a man. The clothes or appearance are the externals by which we judge.”

Over 80 percent of everything ever built in America has been built since about 1950 and a lot of what we have built is just plain ugly. There are still many beautiful places in America, but to get to these places we must often drive through mile after mile of billboards, strip malls, junk yards, used car lots, fry pits and endless clutter that has been termed “the geography of nowhere.” The problem is not development, per se; rather the problem is the patterns of development. Successful communities pay attention to where they put development, how it is arranged and what it looks like.

In the old economy, quality of place didn’t really matter, but today communities are in a global competition to attract and retain talented workers.

Increasingly, these workers, especially young people figure out where they 12

want to live and then they figure out their job situation. Creating a great place will pay dividends long after the initial investment. In fact, economic development expert Joe Cortwright says that “the unique characteristics of place may be the only truly defensible source of competitive advantage for cities and towns in a global world.”

Consider tourism, for example. The more any community in America comes to look just like every other community, the less reason there is to visit. On the other hand, the more a community does to protect and enhance its unique character whether natural or architectural, the more people will want to visit. This is because tourism is about visiting places that are different, unusual and unique.

If everyplace was just like everyplace else, there would be no reason to go anyplace. In today’s world, community differentiation is an economic development imperative.

Successful communities pay attention to aesthetics. They control signs, they plant street trees, they protect scenic views and historic buildings and they encourage new construction to fit in with the existing community.

Strong Leaders and Committed Citizens Successful communities have strong leaders and committed citizens. A small number of committed people can make a big difference in a community. Sometime these people are longtime residents upset with how unmanaged growth has changed what they love about their hometown.

Others times, the leaders might be newcomers who want to make sure that their adopted hometown doesn’t develop the same ugliness or congestion as the one they left. More often than not, they’re simply citizens who care a great deal about their community.

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Leadership is critical, but often unappreciated. As the Mayor of one small town, once remarked to me, “if you don’t care who gets the credit, you can get an awful lot accomplished.” ­— What about the Naysayers? — Every community has naysayers.

Whatever the civic or community leaders propose to do, some people will always say things like: “you can’t do it”, “it won’t work”, “it costs too much”, “we tried that already”.

And, “no”, is a very powerful word in a small community, but leaders of successful communities know that “yes” is a more powerful word. Yes, we can make this town a better place to live in, to look at, to work in, to visit. A pessimist sees difficulty in every opportunity. An optimist sees opportunity in every difficulty.

Quality of Life is the Competitive Advantage We live in a rapidly changing world.

The post-recession economy is reshaping the way we live, work, shop and move around. Communities that prepare for the future will prosper. Those that do not will decline. Today, people and businesses can choose to live or work anywhere. Communities that cannot differentiate themselves will simply have no competitive advantage.

This means that quality of life is more important than ever. Successful communities set themselves apart. They know that communities that choose their future are always more successful than those that leave their future to chance.

Edward T. McMahon is a Senior Resident Fellow at the Urban Land Institute in Washington, D.C. and the Chairman of the National Main Street Center.

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Collaboration is Key!

By Robin A. Comstock

T

he dictionary tells us collaboration is (1) the action of working with someone to produce or create something (2) traitorous cooperation with an enemy.

In the workplace, both definitions are applicable. Let’s be honest, sometimes both the family kitchen table and the workplace can feel like a war zone. Collaboration raises us above the battlegrounds and territory disputes. It can bring friend and enemies together to share divergent perspectives, to identify a shared sense of purpose and common goals.

Most important is that collaboration creates a better and broader success than would be possible by one lone soul.

Collaboration occurs when two or more people or organizations work together to realize or achieve a goal. Teams that work collaboratively can obtain greater resources, recognition for the effort that ultimately results in greater support, and reward when facing competition for success. More important, collaborating is the only way to get a job done, done well, and done better than could be done alone. It allows you to see other realities and different paths that you, your culture and your institution would not allow you to see.

Some of the best experiences that life offers are totally unplanned and unexpected. For example, around twenty-five years ago, I began a career path that would put me in the position of serving the community and its development through the business community, as the CEO of three of our state’s chambers of commerce. Most chambers of commerce are non-profit organizations, which means they cannot receive charitable gifts, grants, or even donations.

This makes a chamber of commerce and the business community very creative and resilient, and most important, it

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makes the individuals who come from every path in the community, work together. It makes people with an array of experiences and interests come together to view hope through a shared telescope. However, even more important is that collaboration is the foundation of a technique to blend all that we are, and what we know, to create something better than we could do alone through a singular lens and lone capability. It was at the chamber of commerce where I learned about the power, technique, and art of collaboration.

At the core of collaboration is pulling other people to the table, so that each one contributes to the vision and therefore the success. One of my favorite examples of this is when I was at one of my chambers of commerce, at that time, the quality and character of public education was a major issue of concern for the business community. Business leaders wanted kids graduating with more advanced skills and abilities, and they wanted those emphasized as a priority for qualifying students for the workplace.

So not knowing what I didn’t know, I pulled teachers, politicians, civic leaders and members of the arts and cultural community to the table with leaders of the business community. Our mission was to discuss the perception and reality of public education and the skills and knowledge kids were obtaining in school. The room was packed with around 50 attendees at the first meeting. Every segment of the community represented at the meeting had the very real possibility of becoming defensive and angry at the very implications of the subject of the meeting. Over the course of several weeks, together, we each articulated how we saw the problem and we shared our concerns.

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COLLABORATION from page 13 As result of this collaborative approach, the unexpected happened.

Most often, when a chamber of commerce addresses education issues, it ends up developing a program that puts business people in classrooms.

However, because of the collaborative process, the program that was developed flipped that coin and put teachers in business. The program was an unprecedented success that, as a result, established an incredible collaborative relationship between business and schools, so teachers understood what business wants and needs and business understood the challenges teachers and schools face. Both parties brought their unique skills, experiences, and knowledge to the table for the other for the benefit of the community.

If this is a new way of thinking for you, or a new way to view accomplishing lofty goals as a municipality, here are a few things to think about.

My short tenure as the Somersworth Economic Development Manager demonstrates to me the essence of caring, smart, creative and driven employees, who create teams, and a staff that is under a tremendous amount of pressure to perform with excellence.

A municipal staff has big vision and goals yet is often under-resourced and overworked. Every employee is doing the job of what may be several people in the private sector environment.

Success hinges on being able to get the job done in spite of all of the urgent day-to-day demands on the job. These consuming tasks are often requirements of the job as a public servant of the community, but they are not tactics that will take the community into its future. Those actions don’t remedy problems or adjust systems to ensure our communities are innovative while being responsive.

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Now, as the Economic Development Manager of the City of Somersworth, I find I am drawing heavily on my experiences of collaboration at the chamber of commerce. I hope my leadership style of being anchored in the spirit of collaboration serves New Hampshire’s smallest City well. Somersworth is filled with committed members of the community. It has an extraordinary array of top-shelf manufactures, exceptional retail options, incredible medical and health network and a blossoming central business district.

All of this is nestled along the banks of a beautiful river that separates Maine and New Hampshire by a forty-foot bridge. If all of that weren’t enough, there also is a thriving arts community and strong creative economy coupled with lots of young people, all of which brings a great vibe to the city sidewalks. The civic, public and private sector members of the community are smart, creative, innovatove and driven.

There is the promise of the future in the air and an understanding that all segments of the community have to be at the table to share perspectives and contribute to the journey.

For example, last fall the City partnered with Plan New Hampshire to explore concepts for the revitalization of a dated strip mall. Representatives of the entire community came together to discuss their vision of the Somersworth in the future. Extraordinary concepts for that vision have been created. The Mayor quickly created a commission of dedicated community leaders, retailers, teachers, business leaders, historians and more, to meet twice a month to develop a roadmap for the vision. The entire process has been cemented in the spirit of collaboration. As a result, every meeting captures attendee’s interest. Concerns and hopes have been brought to the table by each constituent group of the City so that collaboration can occur, and

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the end result is agreed to and enthusiastically supported by business and residents alike.

As a few other great examples of unconventional collaboration that seem to be serving Somersworth well is that the Economic Development Department has created a series of roundtables for enhanced collaboration. For example, the Malley Farm Industrial Park tenants are participating in a new “Tenants Roundtable” hosted on site by a different tenant every quarter, to collaborate on how greater success for each business can be accomplished through discussion and mutual support. A roundtable has also been created to encourage collaboration (and cooperation) between bankers, investors, and brokers, to discuss views on ways in which better cooperation is possible, to accomplish the shared vision for the future. And, a Roundtable has also been established for the downtown community, this collaboration may result in new marketing programs and other cooperative campaigns.

In conclusion, at its very core, collaboration allows an expansion of capacity, it makes the eyes wider and the brain broader, it makes it possible to get more done, it brings a greater success than could otherwise be imagined.

Margaret Meade described collaboration beautifully when she said, “Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it’s the only thing that ever has.”

Robin A. Comstock is Economic Development Manager for the City of Somersworth. Robin may be reached by phone at 603.692.9516 or by email at rcomstock@somersworth.com.

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Elements of Successful Collaboration 1. Clear definitions and agreements on the roles of partners in the collaborative process.

2.

Open communication within teams to share the information necessary to carry out tasks.

3. Consensus about goals and methods for completing projects or tasks. Don’t move forward until all members are in agreement.

4. Recognition of, and respect for, the contribution of all collaborators. It’s important to give credit where credit is due.

5.

Identification of obstacles and addressing problems cooperatively as they occur. Teamwork is essential at all times.

6.

Group goals are placed above personal satisfaction and/or recognition. It’s crucial to put the desired project results at the forefront – this isn’t about the individual goals.

7. Willingness to apologize for missteps and ability to forgive others for mistakes. Holding a grudge or sabotaging the efforts of other team members just can’t happen.

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Examples of Collaboration Skills Actively listening to the concerns of team members Agreeing on roles that capitalize on individual strengths Analyzing problems without assigning blame Assessing the strengths and weaknesses of partners Brainstorming solutions to problems Building consensus about goals and processes for group projects Compromising when necessary to move the group forward Defining mutually acceptable roles Delegating tasks with open discussion Displaying a willingness to find solutions to problems Drawing consensus around goals and processes Eliciting the views of reluctant group members Facilitating group discussion Following through with commitments in a reliable manner Forgiving others when they come up short Giving credit to others for contributions Interviewing clients to determine their needs and preferences Identifying obstacles to success Investing the required time and energy to complete tasks Taking a leadership role Listening to the concerns of team members Maintaining a sense of humor whenever possible Making sure the perspective of quieter collaborators is heard Meeting deadlines for individual contributions Recognizing the contributions of other collaborators Recognizing the strengths and weaknesses of collaborators Selecting compatible partners to carry out projects Sharing feelings of frustration or dissatisfaction as they occur Speaking respectfully with team members Taking responsibility for mistakes Updating collaborators on developments with the project Working hard to fulfill obligations to the team

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Communities Can Influence Demographic Trends

By Brian Gottlob

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ew Hampshire, like many states, is confronting demographic trends that, in the coming decades, will challenge the ability of the state to grow its population, labor force, and economy. Whether the issue is that “New Hampshire’s population is rapidly aging,” or “all of the state’s young people are leaving,” or ”more people are leaving New Hampshire than are moving into the state,” there is widespread concern among the public as well as state and local officials about how these trends will affect the economy of the state and its communities in the future. While state policymakers consider how New Hampshire should best address important demographic trends, it is important to understand that statewide trends are only an aggregation of 234 local trends and more importantly, that demographic trends in many New Hampshire communities do not reflect the same troubling statewide trends.

Understanding that New Hampshire is not monolithic and demographic trends across communities vary widely is important for at least three reasons: first, it suggests that there are characteristics of some communities that contribute to their ability to buck troubling demographic trends; second, it suggests that local decisions and policies rather than state efforts are likely to be more effective in encouraging positive demographic trends; and finally, that communities of all sizes have an ability to influence the demographic trends that will, in large part, determine how economically vibrant they are in the future.

Domestic Migration is Increasingly Important Between 2010 and 2017 six of New Hampshire’s 10 counties had more deaths than births in the county, meaning “natural population growth” has been negative in those www.nhmunicipal.org

counties this decade. Three of those counties (Cheshire, Sullivan, and Coos) experienced negatives overall population growth during that time period, while Belknap, Carrol, and Grafton Counties managed population growth despite negative “natural population growth” because they were able to attract individuals and families from other states and/or regions of New Hampshire.

The reality is that New Hampshire has (depending on the year) either the lowest or second lowest birth rates (defined as the number of births per 1000 women ages 15-44) of any state in the nation. Not only does that lower the potential for natural population growth in the state, it is also the single most important factor contributing to the aging of New Hampshire’s population. When you aren’t adding individuals at age zero (births) the median age of a community or state can increase rapidly unless, as was the case for decades in NH, you are able to overcome low birth rates by attracting individuals from other communities or states. Beginning in the 1970’s New Hampshire saw large numbers of individuals (especially families) migrating to NH from other states. In particular the state attracted married couple families in the 30-44 age group and with children. In effect, NH “imported” a large percentage of our children. In the process the state’s median was kept from rising rapidly. But in the 2000s inmigration to NH from other states slowed and went negative, largely related to the “great recession” but also to a nationwide trend of lower rates of movement between states.

Low Birth Rates Add to the Importance of Domestic Migration New Hampshire’s birth rate is not going to increase much, SEPTEMBER/OCTOBER 2018

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DEMOGRAPHIC from page 17 if any, but it is a sign of our state’s success rather than our failure. Women in New Hampshire, on average, have higher levels of educational attainment and participate in the workforce at higher levels than do women in almost all other states. Those two factors are strongly correlated with lower birth rates. As more of our population moves beyond child bearing years, the possibility of more counties and more communities experiencing negative natural population growth increases.

Unless negative natural population growth is offset by the movement of individuals and families into a community, regions, and the state, the result is a declining population, a smaller labor force, and ultimately a shrinking economy.

With so many communities in New Hampshire dealing with, or soon to be facing, negative natural population growth, the ability to attract individuals and families becomes a critical factor in determining the longer-term

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vibrancy and economic health of many, especially smaller, communities in the state. The good news is that the ability to attract and retain individuals is a factor that is strongly influenced by the character, quality, amenities and services offered by communities, as well as the decisions and actions of local residents and officials. That means communities, even smaller communities without dedicated economic or community development departments, can employ their planning, zoning, community services, budgeting, and local decision making to influence more positive long-term demographic and economic trends.

That isn’t just theory or wishful thinking, it is clear from the differing demographic trends across communities even among neighboring communities in New Hampshire.

Demographics is the New Economic Development For decades efforts to strengthen local economies in New Hampshire have focused on attracting businesses. But today, with population and labor force

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growth slowing across the country, increasingly it is the ability to attract and retain people, especially individuals with higher levels of educational attainment and skill levels, that determines which communities and regions are prospering. State government will continue to focus efforts on attracting businesses, but it will be the decisions and actions of local communities that largely determine whether New Hampshire continues to be an attractive location for the skilled, well-educated individuals that determine where businesses locate. Rather than subscribe to the “NH’s demographic doom” scenario offered by so many, the state and its communities should look at communities that are bucking troubling demographic trends for clues to confronting demographic challenges.

The distinction between communities with favorable and unfavorable demographic trends isn’t just about differences between northern and southern NH. Demographic trends vary just as much among communities that are neighbors in the state. Think

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all of NH is aging rapidly and unable to keep or attract younger individuals? Look at what has been happening at some of NH’s largest cities, as well as several communities in the same (seacoast) region of the state. Figure 1 shows the percentage of a community’s population that is age 25-34 (a rough approximation for millennials that excludes differences due to the college-age population). Several seacoast communities have a relatively high percentage of individuals ages 25-34, while several others, including adjacent communities, have a relatively low percentage.

In the aggregate it is true that the state’s population is aging more rapidly than we would like, but more accurate is to say that communities in NH are aging at very different rates.

That is clear from Figure 2 which shows how some larger communities in NH and some seacoast communities have been aging over three decades. The chart shows three different colored bars. The first (gray) bars show each community’s median age www.nhmunicipal.org

in 1990. The second (light gray) bars shows the increase in median age between 1990 and 2000. The last (dark gray) and most important bar shows how much the median age increased between 2000 and 2016. The chart shows how dramatically different communities in the same region have aged since 2000. Because many of the differences are among communities in the same region, this suggests that it is the characteristics of communities, their policies and local decision making that are influencing demographic trends. Understanding these differences is a key to addressing demographic challenges in the state.

What are the differences? First, most of the communities that attract younger and residents of all ages, have invested in, or enabled investment by others, in improving the quality of their community’s amenities.

I would argue that any reader of this article could visit any community in the state and be able to discern whether or not it is likely to be attractive to

younger individuals, but if not, here are some things to look for: • Is there a “there, there,” – does the community have a central core (even if not large) with an aggregation of dining, shopping, entertainment and other retail, eating, and other enterprises.

• Are there spaces and places in the core that serve as a hub of social, cultural, and civic activity and that serve as gathering places?

• Are there higher quality rental apartments in or close to the core of the community?

• Are residents able to walk to the amenities (social, cultural, civic, entertainment, eating etc.) that the community offers?

• Does the community have natural and recreational areas within walking distance or a short drive?

• Does the community have a reputation for offering a variety of quality services?

• Can residents interact digitally with local government?

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DEMOGRAPHIC from page 19 Looking at the list above suggests that communities have the power to take actions to address important demographic trends. Not simply to attract one demographic group but in the process becoming more attractive to all groups. Few communities have the ability to attract even medium sized employers, but, in an era where people are the scarcest resource looking to attract and retain individuals may be the best long-term strategy for maintaining vibrant communities.

economic, demographic, energy, fiscal, labor market, real estate, and public policy trends at the intersection of private sector activity and government policy, where public sector action or inaction can significantly impact the growth, development, and profitability of individual businesses, industries, not-for-profit organizations, and geographic regions.

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.

Brian Gottlob is Principal of PolEcon Research, an economic research firm based in New Hampshire. Brian can be reached by phone at 603-988-9779 or by email at brian@poleconresearch.com.

PolEcon specializes in identifying, understanding and communicating emerging

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Complementary Efforts: State and Municipal Economic Development

By Taylor Caswell

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n early September 2017, when internet retail giant Amazon unveiled its need for HQ2 and invited the communities across the country to respond to its RFP, New Hampshire’s newest state agency was only weeks into its creation. It was a challenge we were happy to meet.

In so many ways, it was the perfect debut for the brand new Department of Business and Economic Affairs (BEA), enabling us to reach out into our communities, strategize the resources available fitting Amazon’s needs and pulling in partner agencies to reinvigorate and recast New Hampshire’s message as the best combination of business environment and lifestyle assets anywhere on the east coast of the continent.

After proposing a split of the Department of Resources and Economic Development early in his term last year, Gov. Chris Sununu received the support of the legislature to establish the BEA. Comprised of the Divisions of Economic Development and Travel and Tourism Development, this agency is singularly focused on strengthening the growth and vitality of our state’s economy by working with a whole host of partners, from the businesses and industries that drive our economy, to the academic institutions that churn out qualified students and upskill our existing workforce.

Companies that grow and thrive in their communities attract talent and become places where people set down roots.

That’s good for the entire state.

This is important for the role of BEA. Economic development ultimately happens at the municipal level. As a state agency, one of our charges is to make sure growing www.nhmunicipal.org

businesses here can expand and continue growing in New Hampshire; another is to recruit out-of-state businesses that are planning to expand or relocate. These are time honored pillars of the profession, but in the 21st century, it is so much more, not the least is forging relationships and partnerships with municipalities.

A great thing about New Hampshire is that we know each other and we know the strengths of every community and every region. With BEA able now to focus on new more holistic practices in economic development, we hope to complement and empower local economic development efforts. How’s that working out? Ask the town of Milford and Hitchiner Manufacturing, one of its significant employers. Last winter, the growing company was at crossroads. It needed to expand to keep competitive, while keeping costs low. We all know that the cost of energy is a significant consideration of any plan for growth.

BEA and representatives of the governor’s office came to the table with Milford and Hitchiner officials and went to work with its partners, including the Business Finance Authority and the Department of Environmental Services, to craft a plan that met the goals of the company. In early April, we were pleased to join the governor, Hitchiner Manufacturing CEO John Morison and the town of Milford for the announcement that the company would invest in a state-ofthe-art, $50 million facility and create 85 local jobs in New Hampshire – not anywhere else.

A few weeks later, our team and Lonza Biologics in Portsmouth announced that over the next few years, this global SEPTEMBER/OCTOBER 2018

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ECONOMIC from page 21 biotech powerhouse plans to add up to 1 million square feet and 1,000 jobs.

Much like in Milford, we worked with the community and the company, working with a multitude of other state and local stakeholders to come up with an investment plan to ensure their continued commitment to New Hampshire’s Seacoast region.

Our day-to-day work at BEA includes connecting often with our municipal partners to strategize on everything from proposed developments and infrastructure improvement to tax credit proposals and just checking in on what’s new and what’s ahead.

When you look at the foundation of New Hampshire, you’ll no doubt find a plank that reads, “Live Free or Die.” Our motto over the years has become part of the state’s makeup. Cities and towns forge their own plans for economic growth without much interference from the state and frankly, we’d like to see even less.

Earlier this year, BEA, working with the governor’s office, began a comprehensive examination of state regulations, paying particular attention to those negatively impacting economic growth and the ability of businesses to thrive, businesses that are vital to their communities and to our state economy.

This effort enhances our many relationships and partnerships with local government as it relates to economic development. Together, we are seeing better ways to encourage thoughtful business growth statewide, while respecting local control, which is at the heart of our Live Free or Die motto.

Combined with our pro-growth economic policies, New Hampshire has world class lifestyle assets that are increasingly appealing to businesses on the outside considering coming here.

They may be a recreation-focused manufacturer considering the North Country, an aerospace supplier looking at the Seacoast or a biomed company intent on the Upper Valley or a regenerative manufacturer with an eye on the Manchester Millyard.

BEA is often the matchmaker introducing those companies to communities that are waiting for them, whether as part of their master plan, industry cluster or talent pool, and be a resource right up through the ribbon cutting.

New Hampshire is consistently ranked high for business, quality of life, education, and high quality workforce. That doesn’t happen without hard work and focused strategies. But more than anything, it takes partnership. Our state is filled with top notch community leaders, business leaders, academic leaders, all over the state. The more we all

take advantage of each other and we are chasing a common set of high-level goals and initiatives, we will continue to have the ability to build an economy that grows in a responsible, sustainable, and vibrant way.

I come to work every day looking forward to working with those partners to make this vision a reality. And all of us at BEA look forward to working with you to keep our economy producing for all of us who live in this great state.

We all do well when we all do well.

Taylor Caswell is Commissioner of the New Hampshire Department of Business and Economic Affairs (BEA). BEA is comprised of the Divisions of Economic Development and Travel and Tourism Development. The divisions are dedicated to enhancing the economic vitality of the State of New Hampshire and promoting it as a destination for domestic and international visitors. BEA was established by an act of the Legislature on July 1, 2017, following the reorganization of the former Department of Resources and Economic Development.

Our Municipal Law and Finance Group is rewriting the definition of municipal legal counsel in New Hampshire, integrating comprehensive general counsel experience with trusted municipal finance services.

Mark H. Puffer, Director • mpuffer@preti.com 57 North Main Street, Concord, NH 03301 • 603.410.1500

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Strengthening New Hampshire’s Communities

By Melissa Latham

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ommunity leaders in New Hampshire face a unique challenge when it comes to creating a healthy, vibrant economy in their cities and towns, particularly in a state where the vast majority of our geography is considered rural.

When tasked with driving economic development, conventional wisdom and traditional practices may have municipalities focused on attracting new businesses and creating jobs. And while those are critical pieces for success, attracting investment capital and businesses to grow local economies requires a more holistic approach. Successful economic development efforts require a broader strategy to approaching the revitalization of our Main Streets and downtowns through investments that revolve around the people living and working in our communities.

These investments include access to facilities and services that enable increased economic participation by individuals and families, which ultimately supports growth of the local business sector and job opportunities. Infrastructures and services like quality, affordable childcare facilities, the creation of new housing units and other public facilities are critical to economic development efforts. Beyond traditional infrastructure and services, growth can also come from municipal investments in energy efficiency and renewable energy initiatives that save tax payer dollars and free up resources for additional investments that will drive growth.

Whether directly accessing resources or supporting the work of businesses and nonprofits within your municipality, here are ways to unlock the potential in your community and drive economic growth.

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Exploring New Ideas in Your Community Access to funds that enable municipalities to explore a concept and determine its viability is an important part of overarching community and economic development efforts. One way to do so is through the Community Development Block Grant (CDBG) program, administered by the Community Development Finance Authority (CDFA), which provides up to $12,000 in grant funds for planning and feasibility related activities. Municipalities can apply for funding to conduct activities like income surveys, preliminary architectural and engineering design, cost estimates and market analysis.

CDFA also recently launched its Pre-Development Program to help municipalities and nonprofit organizations prepare local development projects for funding and implementation. The program supports activities such as studying the feasibility of renovating a downtown building, gathering public input on a project idea, developing a business plan for a new facility or seeking planning and zoning approval.

Loans of up to $100,000 are available and eligible projects must stand a reasonable chance of being financed and initiated within two years.

The program was piloted in 2016 when CDFA provided a $24,000 predevelopment loan to support the historic assessProviding Vital Resources to New Hampshire Municipalities

ECONOMIC DEVELOPMENT

AFFORDABLE HOUSING

PUBLIC FACILITIES

FEASIBILITY & EMERGENCY

CLEAN ENERGY

VISIT NHCDFA.ORG TO LEARN MORE.

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STRENGTHENING from page 23 ment of the Belknap Mill in downtown Laconia. The building is central to the community’s downtown economic revitalization plan and the historic assessment would set the stage for a capital campaign to support critical renovations. These resources have enabled the organization to move forward more quickly and solidify a case for large-scale financing to complete the project.

The end result of an upfront investment in exploration and resources: a renovated building that anchors downtown rejuvenation, spurs additional economic development and creates new jobs in the heart of the community.

Downtown Revitalization Driving Economic Growth The success of a community can depend on whether it provides a sense of place, a connection between the community and the people who live and work there. That’s why taking a holistic approach to economic development is critical and goes beyond business and jobs growth.

The development underway in downtown Franklin serves as an excellent example of strategic, public-private collaborations that will provide value to the greater community, the families who live and work there, and the regional economy. The transformation of this community includes a number of public and private resources, including three key CDFA programs that support the financing and development of critical infrastructure that sets a community on the trajectory for growth.

Affordable Housing Working with CATCH Neighborhood Housing, the City of Franklin leveraged CDBG funds to renovate a vacant mill property into 45 units of affordable housing. The units provide permanently affordable homes 24

for approximately 80-100 adults and children, all of whom are of low- and moderate-income households.

Public Facilities and Community Services The Community Action Program of Belknap-Merrimack Counties is collaborating with the City to demolish a deteriorating structure downtown and develop a new facility to provide critical social services to low- and moderate-income residents in Franklin and six area towns. The organization provides services in the areas of child development, health and nutrition, energy assistance, job development, housing, and more.

Energy Efficiency Improvements In 2016 as part of the “Franklin Goes Green” initiative, the City completed a municipal streetlight conversion project. The conversion replaced nearly 500 streetlights with energy efficient LED fixtures and is now saving Franklin $31,000 annually in electricity costs. The project was financed with a low-interest loan through CDFA’s Clean Energy Fund and leveraged rebates from the New Hampshire Public Utilities Commission. In addition to reducing Franklin’s streetlight bill by half as a result energy savings, the new LED fixtures provide a vast improvement in streetlight quality, with a more focused lighting solution which reduces light pollution. The new LED fixtures have an expected life of at least 20 years and Franklin plans to divert the energy savings into other much needed municipal projects.

Business-Driving Investments PermaCity Life, a local nonprofit, is using CDFA Tax Credit resources for façade and building improvements for three downtown properties. The renovated properties will house new business tenants including a restaurant and micro-brewery, community coffee house, an outdoor recreation business and a software company.

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By taking a holistic, public-private approach to economic development, efforts like those underway in Franklin can trigger additional investments, increase access to critical services, attract new business tenants downtown who will create jobs and positively contribute to the growth of the regional economy.

Creating a Sense of Place At a recent event that brought together municipalities, as well as community development, planning and creative professionals, Sarah Stewart, Commissioner of the New Hampshire Department of Natural and Cultural Resources, commented “…as with each distinct region of our state, each downtown or Main Street is unique and rather than try to replicate the success of another community, embrace what is distinctive about your local natural and cultural assets. Along with the need for strong partnerships to make great things happen, I believe it is authenticity that will yield long term success.”

There are dedicated resources to support community and economic development initiatives available. They are fundamental to the growth and prosperity of our communities, and ultimately our state. Statewide organizations, like the Community Development Finance Authority, are committed to approaching these efforts in an innovative and collaborative way that meets the evolving needs of Granite State municipalities.

There is no one-size-fits all solution to an effective economic development strategy, but it has been demonstrated that communities will see success when they put people and sense of place at the core of their efforts.

Melissa Latham is Communications Manager with the Community Development Finance Authority. Melissa can be reached by phone at 603.226.2170 or by email at mlatham@nhcdfa.org. www.nhmunicipal.org

C O M M U N I T Y D E V E L O P M E N T F I N A N C E AU T H O R I T Y

Municipal Resources Economic Development Grants and Loans Competitive program to help create jobs that provide good wages, benefits, and training programs. Funds can also be used for acquisition of land and buildings, construction of commercial buildings, purchase of machinery and equipment, employee training, and public facilities improvements. Applications are accepted on a first-come, first-served basis.

Clean Energy Fund Loan and credit enhancement program for businesses, nonprofits, and municipalities to finance energy efficiency improvements and/or renewable energy generation projects. Municipalities can finance energy improvements for municipal buildings, street lighting, water and sewer treatment facilities. Funds are also available for agricultural producers and rural small businesses in New Hampshire interested in low-cost energy audits for their facility.

Housing and Public Facilities Grants Competitive grant program to provide funding for affordable housing and housing rehabilitation, as well as finance water and sewer system improvements, transitional and homeless shelters, municipal infrastructure, handicapped access, and neighborhood or community centers that provide public services to low- and moderate-income people. Funds can be used to purchase, rehabilitate, expand, and improve the condition and supply of housing for low- and moderate-income homeowners and tenants.Â

Feasibility Grants Up to $12,000 grant for planning and feasibility related activities to determine whether or not a proposed project is viable. Eligible activities include income surveys, preliminary architectural and engineering design, cost estimates, and market analysis.

Pre-development Loan Program Loans of up to $100,000 are available to help municipalities and nonprofit organizations prepare local development projects for funding and implementation. Eligible activities include studying the feasibility of renovating a downtown building, gathering public input on a project idea, developing a business plan for a new facility or seeking planning and zoning approval.

Wyandotte Mural in Rochester. Photo by Amy Marie Regan.

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N H M A ’ S

Sharing Ideas: Shaping the Future Wednesday, November 14 – Thursday, November 15, 2018 The Manchester Downtown Hotel (formerly Radisson) Manchester, New Hampshire • Meet municipal officials from New Hampshire cities and towns • Choose from over 50 program sessions designed to educate and inform • Explore state-of-the-art products and services in the Exhibit Hall

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or nearly 77 years now, NHMA has produced an annual conference that appeals to the demographic that encompasses the diversity of the state’s 13 cities and 221 towns. Over 500 attendees – including mayors, city councilors, aldermen, city and town managers, boards of selectmen, public works, assessors, finance officers, and other department directors – will convene at NHMA’s 77th Annual Conference, November 14-15 at the Manchester Downtown Hotel in Manchester. It’s the largest municipal gathering each year in New Hampshire, and the one event municipal officials in New Hampshire cannot afford to miss.

We understand municipal officials are busy people and have to choose carefully where to invest their time and energy. NHMA’s Annual Conference is an investment that helps municipal officials make a difference by allowing them to secure valuable resources for their cities or towns and learn something to help their municipality function more effectively. It’s really an investment in your city’s or town’s future.

This year we hope to provide two days packed with relevant information, purpose, takeaways and implementable ideas.

When it’s all said and done, our goal is to stimulate and engage and to make you a more effective public official.

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Trustees Track Announced!

NHMA is excited to announce a new four-program session track specifically for Trustees of the Trust Fund, Cemetery Trustees, and Library Trustees, to give them the tools and information they need to perform their duties legally and efficiently. These 75-minute programs (all four programs held on Thursday, November 15) will provide trustees the opportunity to learn or refresh their understanding of their fiduciary responsibilities. The track includes: (1) Trustees’ basic duties, roles, and responsibilities; (2) Managing capital reserve funds and trust funds; (3) Axiomatic’s portal for new online reporting of the MS-9 and MS-10 forms; and (4) the Right-to-Know Law.

Keynote Speaker – Rebecca Rule - Opening Remarks (Wednesday) Our keynote speaker this year is Rebecca Rule, New Hampshire’s own story teller and author of eleven books, including N is for New Hampshire and Moved and Seconded, Town Meeting in New Hampshire, the Present, the Past and the Future.” A recipient of an Honorary Degree of Humane Letters from New England College, Becky has been collecting and telling stories of New Hampshire for more than 25 years.

She currently hosts Our Hometown, which airs on New Hampshire Public Television and is also available online.

Becky literally wrote the book about New Hampshire town meetings. As author of “Moved and Seconded,” Rebecca knows as much about New Hampshire’s town meeting as most local government officials do.

Come hear Rebecca at 9:00 a.m. on Wednesday, November 14th where she will share her legendary dry humor as well as down-home wisdom which will inspire you to appreciate this unique institution with a storied past even more.

All conference attendees are invited to this General Session program at 9:00 a.m. sharp on Wednesday, November 14, when Becky will deliver her opening motivational remarks.

Exhibit Hall Reception – A Relaxing Atmosphere to Meet New Friends (Wednesday) Join NHMA staff, board members and conference attendees at the Exhibit Hall Reception on Wednesday, November 14, from 5:30 p.m. to 6:30 p.m. 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 Exhibit Hall this year, so come www.nhmunicipal.org

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C O N F E R E N C E

and enjoy some music, hors d’ oeuvres, and beverages in a relaxing atmosphere.

Networking Opportunities (Wednesday and Thursday) The Annual Conference offers attendees a multitude of ways to connect with colleagues and experts from throughout the state to discuss common concerns, exchange ideas, and share solutions. Extended break times and meals offer ample opportunity to explore booths and 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.

Conference App Available this Fall Later this fall look for the launch of the conference app of this year’s Annual Conference. The app will include a customizable event schedule, session and speaker information, session alerts, sponsors, exhibitors, floor plans, maps, and more. Attendees will be able to save their own schedule, interact in real time with other attendees, and post to social media all through the app. You can also share your own tweets and photos, plus send messages of interest to other attendees throughout the two-day event. Download at www.nhmunicipal.org in September. Search for “NHMA Conference” in the ITunes App Store or Android Market and tap to download.

Concurrent Session Topics for 2018 (Wednesday and Thursday) A full description of all concurrent program sessions, presenters, etc. will be listed on NHMA’s website prior to the conference. Some of the program sessions include: • • • • • • • • • •

Court and Legislative Updates Right-to-Know Law Land Use Law Update Do I Have a Conflict of Interest?

How & Why to Piggyback National Cooperative Contracts The Road to the 2020 Census Demographics is the New Economic Development Effective Negotiation Strategies for Health Benefits Embracing Stress: The New Science of Stress Introduction to New Hampshire’s Local Land Use Boards

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• • • • • • • •

Cybercrime and Fraud: Developing Awareness and Defenses The Future of Procurement Highlights from the Employment Law Hotline Sexual Harassment Supervising Multi-Generations Investigating Junkyard Complaints Recycling in Crisis- Is Glass the Culprit?

Road Maintenance 101 for Elected Officials and Administrators • Sustainable Pavement Maintenance and Rehabilitation • Wage and Hour Pitfalls • How Municipalities Can Protect Groundwater . . . and much more!

Attendees will learn from experts in these areas, and from their peers, and gain valuable tools and resources to take back to their city or town.

Exhibit Hall – (Wednesday and Thursday) The Exhibit Hall opens to attendees on Wednesday, November 14 at 10:00 a.m.

This year we hope to fill the huge exhibit hall with over 100 exhibitors, including many first-time 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.

How Do I Become an Exhibitor or Sponsor?

To learn more about becoming a sponsor, or to reserve you exhibit space, visit the Annual Conference box on NHMA’s website at www.nhmunicpal.org.

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

Sponsored, in part, by SEPTEMBER/OCTOBER 2018

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Sponsored by:

9:00 am—4:30 pm

Wednesday, September 12

Derryfield Banquet Facility Manchester

Thursday, September 20

Mountain Club on Loon Lincoln

2018 Budget & Finance Workshops

Register online at www.nhmunicipal.org under Calendar of Events Cost is $90 and includes continental breakfast, lunch, and a copy of NHMA’s 2017 edition and 2018 supplement of The Basic Law of Budgeting: A Guide for Towns, Village Districts, and School Districts.

Fundamentals of the Municipal Budget Process

Using the 2017 edition of NHMA’s Basic Law of Budgeting and the 2018 Supplement as a guide, this full-morning session will address all aspects of the municipal budget process focusing on appropriations, gross-basis budgeting, separate vs. special warrant articles, multi-year contracts, transfers, lapses, spending limitations, no-means-no, duties of official budget committees, disallowed appropriations, special budget requirements under the SB 2 process (official ballot voting) including recent law changes, and other topics. This session is a must for members of governing bodies, budget committees, and other local officials involved in the budget process. Ample time will be provided for questions and answers.

Presented by: Stephen Buckley, NHMA Legal Services Counsel, and Margaret Byrnes, NHMA Staff Attorney II.

How to Pay for the Budget You Want

This session will address the numerous ways to finance the municipal budget including user fees, reserve and special revenue funds, unanticipated revenue, use of fund balance, long-term debt, leases, Tax Increment Financing (TIF), and of course property taxation. The importance of multi-year planning using capital improvement plans will be explained, as well as an overview of state aid available to municipalities.

Presented by: Stephen Buckley, NHMA Legal Services Counsel and Barbara Reid, NHMA Government Finance Advisor.

Understanding the Property Tax System

This session will describe how the property tax system works, including school, county and village district components of property tax rates. Participants will better understand the difference between “assessed” and “equalized” property values, how those values are used in the tax rate setting process, and how to estimate budgetary impacts on the property tax rate in their municipality.

Presented by: Barbara Reid, NHMA Government Finance Advisor.

Data Analysis for Decision-Making

The final session of the day will explore the information and data available to municipal officials and the public on the New Hampshire Public Finance Consortium website. This Data Model was developed to provide access to consistent and timely data about New Hampshire local governments utilizing financial information reported annually by cities and towns to the Department of Revenue Administration, along with other information, with a goal of helping to analyze trends and provide relevant comparisons.

Presented by: Barbara Reid, NHMA Government Finance Advisor.

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www.nhmunicipal.org

Yes, In My Backyard:

Workforce Housing Key to Sustainable Local Economies

By Elissa Margolin

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he statewide conversation about the need for more workforce housing appears to be quickly changing.

New Hampshire’s town and city leaders who were once pondering “should we” and “could we” when it comes to providing support for the development of workforce housing, are now pivoting to “we need to be.”

Why the change? As developer Dick Anagnost said at a recent statewide forum on the state’s affordable housing crisis, “I look at it this way: housing brings people, people bring the workforce.”

“Businesses don’t want their employees living an hour away,” noted Carmen Lorentz, the executive director of Lakes Region Community Developers. “We have always been invited to develop in a community because they wanted workforce housing.”

Indeed, more New Hampshire municipalities are finding themselves on offense instead of defense when it comes to workforce housing development. Some may attribute the shift to the severity of the problem itself. New Hampshire’s rental housing market is almost completely full, with a statewide vacancy rate now at below 2% and 1% near the job centers, according to the 2018 Residential Rental Costs Survey conducted annually by the NH Housing Finance Authority. The median gross rent for a 2 bedroom is now $1,296.00 a month, according to the same survey, up 19% in the past 5 years.

Others may attribute the shift in attitude to the communities themselves. School enrollments are down, millennials and young families are renting longer before jumping into

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homeownership, and local businesses are asking municipalities for help in addressing their workforce shortages.

The Business and Industry Association has actually focused on the issue of workforce housing for several years. Its recently released 2018 policy priorities notes that New Hampshire’s statewide chamber of commerce “supports efforts that increase the availability and affordability of housing for working people.”

Londonderry is a community that stepped up to its workforce’s needs. Robert Tourigny, Executive Director of NeighborWorks Southern NH and developer of Whittemore Place, a 78-unit property in Londonderry, observed, “a high percentage of our tenant base in Londonderry work in manufacturing at Freudenburg-NOK Sealing Industries, as well as the Kalwall Corporation and Harvey Building Products. The community understood that we were helping keep these jobs in the region.”

Even in Portsmouth, a city with some of the highest realestate costs in the state, the outcry for more affordable housing is turning into action. The Portsmouth Board of Adjustment recently granted the necessary zoning changes to a proposal for 64 units of workforce housing with strong support from the community.

The Portsmouth proposal comes from the Portsmouth Housing Authority that has expanded its mission to include workforce housing development and has decided to reinvest ownership of a downtown location into providing additional workforce units.

“In a way, we are just giving the community what it asked for in its most recent master plan,” said Craig Welch, the SEPTEMBER/OCTOBER 2018

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BACKYARD from page 29 Executive Director Portsmouth Housing. “There is a significant list of goals listed in the master plan, all calling for just this type of housing and we are ready and willing to respond.”

Robert Tourigny from NeighborWorks agrees that affordable housing developers are now able to provide their expertise and mission focus to communities that are seeing the positive impact of diversifying the housing stock in their communities. “Community conversations about housing stock, workforce needs, etc. are very important before a project is proposed,” said Tourigny.

“Once the community wants a project, the approvals come quickly.”

Marty Chapman, Executive Director of The Housing Partnership, another New Hampshire nonprofit housing developer, attributes some of the change at the community level to the quality of projects. “The long-term effect - we hope - is that the quality and stability of the projects that The Housing Partnership and other capable workforce housing developers have built over time will help move the needle incrementally on expanding local zoning codes to meet the higher-than-ever demand for workforce housing.”

The Housing Parternship has been working closely with the city of Dover.

After the success of one development, another one followed. “Towns who have not yet approved a workforce housing project can understandably be quite apprehensive about the outcome,” noted Chapman. “Whereas towns who have approved previous projects tend to invoke the perceived success or failure of earlier developments in evaluating a new proposal.”

Perhaps the shift to “Yes in My Backyard” is mostly due to the economic benefits affordable housing develop30

Drawing of the proposed Court Street Development in Portsmouth.

ment can provide to a given community. Housing is the kind of investment that leaves a working economy in its wake. Carmen Lorentz shared, “We found out that the tenants living in our developments work at over 125 businesses in the Lakes Region. Once community leaders have that kind of data, they are really open to working with us.”

faster than any generation before, it is not surprising to learn that they are shifting the housing landscape as well.

Governor Sununu’s Millennial Advisory Council listed housing as its first priority in its recently released 22-page report, urging policy makers to take steps to encourage the development of more affordable housing options for young people and young families.

The push for more affordable housing is also coming from communities interested in supporting an arts-based economy. “Affordable housing is a big way to contribute to a vibrant arts scene,” said Russ Grazier, CEO of the Portsmouth Music and Arts Center. “Historically, artists will seek out more affordable places and then play a significant role in revitalizing economies. Investing in local artists and musicians also keeps the economic benefits local and sustainable. It’s a win-win all around.”

So, has the confluence of generational, economic, workforce, health, arts and community demands completely changed how municipalities view all affordable housing proposals? Not quite. “We still hear from communities that they feel they have done their fair share,” said Marty Chapman.

Adding to a stock of healthy home options is also a driving force behind the demand for new rental home development. The tight market has driven some families into substandard housing stock raising growing concerns around childhood lead poisoning and other home health hazards. Lakes Region Community Developers have made healthy homes a focus including a social media campaign, noting that adults who live in healthy homes are more productive at work and children are more successful at school.

Finally, since the millennial generation is moving and shifting economies

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However, the tide has undeniably turned and examples of success are now more prevalent than ever before.

“Housing Action NH members are sensing the shifting landscape and are well prepared to respond to local housing needs,” said Tom DeRosa, engagement and communications manager for the statewide coalition dedicated to affordable housing. “Now we just need to make sure we have the policies and resources in place to help them respond to market demand.”

Elissa Margolin serves as Director of Housing Action NH, a statewide coalition of 80 organizations and businesses united around affordable housing policy.

Elissa may be reached at elissa@housingactionnh.org.

www.nhmunicipal.org

TM

Using Trademarks as a Tool to Boost Local Economic Development Through Place Branding

By Lisa N. Thompson

L

ast fall when Amazon announced that it would build a second headquarters somewhere in North America, the competitive process led to a stampede by state and local governments submitting proposals touting what made their location the best choice. The promise of 50,000 new jobs and spending more than $5 billion sparked fierce competition. Even New Hampshire presented a bid, submitted by Governor Chris Sununu’s administration. New Hampshire’s proposal positioned it as the anti-Boston and spelled out in bold in all caps, “ALL THE BENEFITS OF BOSTON WITHOUT ALL THE HEADACHES”. Ultimately, New Hampshire did not make the shortlist of finalists. Boston, however, remains in contention.

The Amazon experience highlights how important it is for local economic development strategies to focus on branding as a way to facilitate economic growth not only to attract tourists but also to draw businesses. As towns face increased competition for business investment and tourism dollars they have begun to create and promote municipal branding initiatives, also known as place branding or destination marketing, to communicate what that location has to offer and to distinguish it from other destinations.

Many municipalities have developed logos or slogans to promote their unique identity. Perhaps the best-known example of place branding is the “I (Heart) New York” logo, which was created and first used in 1977 to promote New York City. It has become iconic and famous around the world.

Other famous municipal brands include the slogans “What Happen in Vegas Stays in Vegas”, and “Hershey the Sweetest Place on Earth.”

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According to the New Hampshire Travel Council, tourism is New Hampshire’s second largest industry, with more than 39 million visitors spending over $5.5 billion in the state annually, generating over $315 million in Rooms and Meals Tax revenue.

The purpose behind adopting a place branding strategy is to stimulate local economic growth by attracting business, investment, residents, and tourists. Typically characterized by a logo or slogan, place branding is a tool, which a town can use to emphasize what sets it apart from other destinations as a great place to do business, live, visit and work.

The cornerstone in developing and exploiting a brand are trademarks. A trademark can be any word, name, symbol, slogan, design, or any combination thereof, used in commerce to identify and distinguish a specific product or service. A service mark is the same as a trademark, except that it identifies and distinguishes the source of services rather than goods. For example, Whopper is a trademark for a hamburger, while Burger King is a service mark for restaurant services. Throughout this article, the term trademark refers to both trademarks and service marks.

A trademark is legal protection of a brand, which protects those aspects of a brand that are unique and specific. A good trademark will distinguish the attributes of a community and draw attention to the authenticity, culture and history of that location.

There are three ways in which municipalities can establish trademark rights in their brands: (i) acquiring common law

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TRADEMARKS from page 31 trademark rights by using the trademark in connection with their goods/ services in commerce; (ii) registering the trademark at the state level with the Secretary of State; and (iii) registering the trademark at the federal level with the United States Patent and Trademark Office (USPTO).

A common law trademark provides protection for trademarks that have not been registered federally with the USPTO or under state law. Common law trademark rights are automatically granted and based on first use, they are limited to the geographic area where the trademark is used, and can only use the ™ symbol. A state trademark registration provides protection for a trademark within the state in which it is registered and those rights are limited to that specific state. A state trademark does not provide the same level of protection as a federal trademark and can only use the TM symbol.

The most effective way to ensure that a municipality’s brand is protected and that others are unable to copy it is through federal trademark registration with the USPTO. Some of the advantages of a federal trademark registration include: (i) the exclusive right to use the trademark nationwide on or in connection with the goods/services listed in the registration; (ii) the right to file a trademark infringement lawsuit in federal court and obtain monetary remedies; (iii) barring registration of other confusingly similar trademarks; and (iv) the right to use the registered trademark symbol: ®.

It is important to note that prior to adopting and developing a new logo or slogan for your municipality, whether choosing to develop a brand without ever seeking federal or state trademark protection, it is critical to ensure that the new logo or slogan 32

does not infringe on the rights of any third party. A trademark does not need to be identical to another to infringe that trademark. The standard is “confusingly similar,” which consists of multiple factors.

Another consideration in developing a municipal branding strategy is the limitations on trademark registration for municipalities. For example, under both New Hampshire and federal law, registration of a trademark that consists of a city seal, coat of arms, or flag is prohibited (See 15 U.S.C. § 1502(b) and RSA 350-A:2).

Furthermore, geographic names are ineligible for federal trademark registration. The reasoning for this is that allowing exclusive appropriation of a geographic name creates a monopoly on that name and precludes others from using it. Therefore, by precluding federal registration of a geographic name, any business operating in or near the area can use that name without infringing a trademark. However, while the name of a municipality cannot be trademarked alone, it can be as part of a design, logo or slogan.

Municipalities can create brands without including official seals or flags, for example, a municipality often has trademark rights in the badges, shields and insignias of its police and fire departments.

Municipalities can also create a brand and capture what makes their town appealing and unique through a combination of visuals and words. For example, municipalities can communicate this through departments, events, festivals, logos, mottos, name plus design/logo, slogans, taglines, or other interesting indicia. Examples include:

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Department badges, shields & insignias:

Slogans or mottos: Franklin’s “The Three Rivers City” Nashua’s “New Hampshire’s Gate City” Wolfeboro’s “Jewel of Lake Winnipesaukee”

Name plus design/logo:

Departments:

Events and festivals:

Logos or taglines to promote services:

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In addition to developing a brand, municipalities must consider the many ways to reach consumers, including having a social media presence on multiple platforms and a responsive website.

Every municipality must accept that having a responsive website is an essential part of any branding campaign because in most instances it is the leading way consumers will be introduced to your brand. Not having a website can severely impact your brand and credibility. However, a website that is not interactive or easy to navigate is almost as bad as no website. Today consumers access websites from mobile devices more than PC’s and unfortunately many municipal websites are not mobile-friendly.

For municipalities looking to build brand awareness, having a presence on social media is just as important as having a website. Most consumers have social media profiles on platforms such as Facebook, Instagram, Snapchat and Twitter. Since social media is one of the most effective ways to communicate events, news and updates relating to your town, municipalities should have a presence on at least one social media platform. To fully utilize your municipal branding strategy it is important to integrate your website with your social media platforms to create a uniform branding experience.

usage should be encouraged to ensure that logos and slogans as well as color palette and fonts are used consistently and correctly by all departments across all platforms and mediums.

Creating a successful municipal brand is about more than differentiating your destination. To be effective, a municipal branding initiative must involve all stakeholders. Municipalities should engage local businesses, chambers of commerce, citizens, and regional planning commissions in the process to develop a unified message and ensure that the brand embodies and reflects the uniqueness of the town. Establishing authenticity is crucial in building a brand and by involving the whole community in a branding campaign allows the community to invest in identifying its interesting and distinct

assets and opportunities, which can help boost economic development, tourism and sense of community.

A well-executed municipal branding initiative can help establish a community identity and attract people and business to a community. It is important to note that a trademark by itself is merely a tool. However, a carefully devised branding campaign can be the cornerstone to a successful economic development strategy.

Lisa N. Thompson is Chair of the New Hampshire Bar Intellectual Property Section and an attorney with Hage Hodes, PA in Manchester. Her practice focuses primarily on business and intellectual property matters. She can be reached at Lthompson@hagehodes.com.

Creating a brand is the first step in municipal branding. Using the brand consistently by developing comprehensive guidelines will allow the brand to maintain a cohesive look. A piecemeal approach to use of a brand looks amateurish and lacks authenticity. A successful branding campaign should incorporate a uniform brand identity in everything from brochures, signage, stationery, and videos, to social media and websites. Once a branding campaign has been adopted, consistent www.nhmunicipal.org

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Town of Raymond, NH Proposed New Police Facility

Town of Hudson, NH New Fire Station

ARCHITECTURE ENGINEERING SUSTAINABLE DESIGN PLANNING INTERIOR DESIGN

@harrimancreates

HARRIMAN.COM

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NEW HAMPSHIRE TOWN AND CITY

AUBURN

PORTLAND

PORTSMOUTH

BOSTON

www.nhmunicipal.org

A Strong New Hampshire Economy Starts in Our Own Back Yards

By Robin LeBlanc

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he state is doing a great deal to increase opportunities, and according to Commissioner Taylor Caswell of the Department of Business and Economic Affairs in a July 6, 2018 article in New Hampshire Business Review, “vastly improve the focus and practice of how we do economic development.” We applaud these efforts.

In addition to innovative state strategies, we cannot overlook the important role that our New Hampshire cities and towns themselves play in the economic future of our state.

We are learning that nationally many young adults are choosing where they want to live before they look for jobs.

These are most often walkable/ runnable neighborhoods with work, amenities and social/cultural and even natural assets nearby. If they are hikers or skiers, they want to be near the mountains. If they love to bike, they want to be near good trails or bike routes. If they play adult soccer, lacrosse, or tennis, they want fields and courts.

Older adults, too, are looking for walkable neighborhoods with amenities that support their interests as they downsize and move into the next phase of their lives.

In addition, many businesses are thinking of relocating to where a worker population already is.

So what might we in New Hampshire do with this information?

If you are thinking about growing your economic and/or demographic base, start with taking a look at who and what you already have.

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You have people and businesses who have already chosen your town. Who are they? Why are they here? What can you, as a community, do to nurture and foster those who have already invested in your community?

Note: Make no assumptions. Ask them. Talk to people one on one. Do surveys. Find out who they are, why they are here, why they would like to stay. And what challenges they might be facing. Look at these challenges as opportunities. (Use the positives as quotes in marketing your town!)

Next, look at your overall community assets. What are the overriding, defining characteristics from which you draw your identity? How can you leverage these to attract, retain and grow your business base, your demographic base, and visitors?

Say you are a smaller town in the mountains, with a river running through. There is cross country skiing all winter and lots of trails year round for mountain biking and hiking Your town center is stereotype New Hampshire – town hall, library, school, church with steeple, general store. Using these to build your economic base: • People love to visit our small towns for their “quaint, picturesque” feel. What can you do to make their visit a real “experience”? What do you offer that could engage people in your community?

• Is your river one that can be canoed or kayaked? Fished?

What enterprises could support this? How could the river be used as a draw for visitors or newcomers?

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ECONOMY from page 35 • And what do you have in place for non-residents who might be hiking or biking? Do you have places for people to get something to eat, sleep, or simply spend time? Get skis or bikes repaired?

People are moving to Colorado and Montana for the skiing and hiking and kayaking and fishing – and jobs are following. We have those same offerings here!

However, this aspect of quality of life can only go so far. There are some fundament resources that communities of all sizes and attributes need to consider paying attention to.

In 2016, the Michigan Municipal League identified eight “assets that Michigan’s communities need to grow and strengthen in order for [their] state to grow and prosper in coming years.” Their consultant, Public Sector Consultants, found significant relationships between these areas and “economic prosperity”. We believe that these are relevant to our own future here in New Hampshire: 1. C ommunity design based on walkability. Of course, this is not feasible everywhere, but many communities in New Hampshire could have walkable, mixed-use town centers. Just getting from the Library to the Post Office without having to get into the car again might be a goal.

2. Choices in ways to get about.

Complete streets where they make sense, and vehicular options for those who do not drive – whether on-demand or regularly-scheduled. It will never be perfect, but we need to acknowledge that at any given time there might be 20% of the population who do not drive.

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3. S upport for natural assets from wetlands to trails. These are not just part of the important ecosystem of your physical environment, they are a significant part of your identity and why people love your community. When we think of favorite places, we do not think of asphalt.

4.

Arts and cultural amenities.

These give a community a sense of place, and are underrated economic drivers. A 2017 report revealed that in four regions of this state, the total economic impact was $120 million. This includes money spent on jobs, on ticket fees, on spending in restaurants and other places near an event.

5.

Encouraging start-ups and other entrepreneurial activity.

There are many ways to do this, depending on the enterprises and on your community.

6. Diversity and welcoming culture. New Hampshire has a rich heritage of diverse people and cultures contributing to the fabrics of our communities and the economy. Recent studies show that today, new arrivals to our country and even our state are extremely innovative and entrepreneurial.

Quality schools. Good schools 7. are usually deal-breakers for families looking to put down roots.

Keeping schools open, with topquality teachers, is an important, if not critical, investment in the community itself, with longterm benefits. Without young families, how can your community continue? Quality schools attract families and become a social hub of the community.

8. Communication. This means not only communication with and among community members, but providing infrastructure to support it. Broadband is not just a nice-to-have, it is a

NEW HAMPSHIRE TOWN AND CITY

necessity for a healthy future – for people, for businesses, and our institutions.

Finally, it is critical for every community to be able to offer choices in places to live: choices in design (e.g., one floor or two, cottage or traditional), choices in location and in price-point.

Your community members have different needs – whether young families or single people, or older adults or in between, one type of place to live may not be suitable for everyone.

To keep existing and to attract new businesses, there have to be places to live for the people who work there, from entry-level on up. To attract and keep people as residents, there have to be choices in where they can live.

This is an exciting time in New Hampshire. How we approach economic development and growth is changing.

Our communities are our biggest asset – with vision, skill and will, each can become a contributor to the overall health and vibrancy of our state.

Robin H. LeBlanc is Executive Director of Plan NH. Robin may be reached by phone at 603.452.PLAN or by email at info@planNH.org.

Plan NH is an independent organization with a mission to “foster excellence in planning, design and development of New Hampshire’s built environment”.

Its members are municipalities, architects, landscape architects, planners, engineers, builders and others with an interest in the impact of what we build, where we build, and how we build (or rebuild) anything. Plan NH raises awareness of this impact through its charrette program as well as through workshops and newsletters.

www.nhmunicipal.org

New Laws Will Affect Land Use Boards

By Cordell A. Johnston

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very year’s legislative session yields at least a few changes to the state’s zoning laws and other statutes governing local regulation of land use. The 2018 session did not see major changes on the scale of some in recent years—for example, the 2016 laws on accessory dwelling units and agritourism—but there were several smaller changes that are worthy of note.

Voting on variances. There have been several efforts in recent years to establish a uniform method for zoning boards of adjustment (ZBAs) to vote on the five statutory criteria for the granting of a variance. The concern was that some ZBAs consider the five criteria and then take a single vote on granting the variance, while others vote on each criterion separately. The effort to establish a uniform method nearly succeeded in 2017 when the legislature passed a bill stating that the ZBA shall “vot[e] on each of the criteria . . . separately . . . and shall grant a variance only if each of the 5 criteria receives at least 3 votes in the affirmative.” However, the governor vetoed that bill, so it did not become law.

This year the legislature aimed a little lower. Instead of trying to establish a uniform voting method, HB 1215— which the governor has signed—requires only that each zoning board be consistent in whatever method it chooses: “The board shall use one voting method consistently for all applications until it formally votes to change the method.” If the board does decide to change its voting method, it must take a formal vote to do so, and the change may not take effect for at least 60 days. The change will apply only prospectively, and not to any application that is pending at the time of the change.

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The new law, then, does not require any ZBA to change what it is doing. In fact, a board shouldn’t change its voting method unless it has a good reason to do so, in which case it must take a formal vote and not implement the change for at least 60 days.

Three affirmative votes needed for ZBA to act. Another new law also deals with voting by ZBAs, and it raises some nettlesome questions.

Most ZBA members are familiar with the requirement in RSA 674:33, III, that “the concurring vote of 3 members of the board shall be necessary to reverse any action of the administrative official or to decide in favor of the applicant on any matter on which it is required to pass.” This requirement becomes important when, for example, only three members of the ZBA are present for a hearing, or perhaps five are present but two must recuse themselves (and there are no alternates). As we all know, if a motion to approve the application receives a 2-1 vote in favor, the motion fails, because the existing statute requires three affirmative votes “to decide in favor of the applicant.”

This year, SB 339 amended that law to state that “the concurring vote of any 3 members of the board shall be necessary to take any action on any matter on which it is required to pass.” One might reasonably wonder what the difference is—what do the words “take any action” refer to that is not already encompassed by the existing statute?

At the Senate hearing on SB 339, the bill’s principal proponent explained that in the case of the 2-1 vote posited above, “It’s not the application that fails at that point, it’s SEPTEMBER/OCTOBER 2018

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NEW LAWS from page 37 the motion. The motion doesn’t proceed, because it doesn’t have a majority, so the board fundamentally hasn’t taken any action yet. You need to have another vote, which is a motion to deny.” The intended effect of the change made by SB 339 is that the motion to deny needs to get three votes to pass. In other words, while the prior law required three votes to decide in favor of the applicant, the new law will also require three votes to decide against the applicant.

To be clear, some attorneys (including this article’s author) are not convinced that a motion to deny is required once a motion to approve fails. If the applicant has requested a variance or a special exception, and the vote to approve it fails, is that not a de facto denial?

It is true that RSA 676:3, I, requires the board to “issue a final written decision which either approves or disapproves [the] application . . . and . . . [i]f the application is not approved, the board shall provide the applicant with written reasons for the disapproval.” The board cannot simply let the matter drop after a vote to approve fails—it must provide written reasons for the disapproval, and this will be easier to do if there is a formal motion to disapprove, with the reasons for disapproval stated. One could argue, however, that once the motion to approve fails, the statute’s requirement is satisfied by the issuance of a written decision stating that the application was denied for failure to achieve the necessary three votes, and citing the reasons given by the member(s) who voted against approval—but those reasons would have to be stated clearly, both in the minutes and in the written decision provided to the applicant.

If a motion to deny is required, there is a potential problem that already ex38

isted under the prior law, and SB 339 now makes it slightly worse. Once the motion to approve fails, the two members who supported it should, of course, acknowledge reality and support a subsequent motion to deny.

But if they stubbornly refuse to do so (not difficult to imagine), the board is left at an impasse. The new law, after SB 339, increases the possibility of an impasse, because instead of requiring a 2-1 vote to pass the motion to deny, it will require a 3-0 vote.

It may be a good idea for zoning boards to consult with their legal counsel to see whether they believe a failed motion to approve must be followed by a motion to deny. If they believe this is necessary, they will need to understand that, under the new law, at least three votes will be necessary to pass a motion to deny. Of course, the problem can be avoided by ensuring that there are always five members present and voting—more easily said than done, unfortunately.

Agritourism. As noted at the beginning of this article, the legislature enacted an agritourism law in 2016.

That bill defined agritourism (in RSA 21:34-a), and added a new section, RSA 674:32-d, stating that “[a]gritourism, as defined in RSA 21:34-a, shall not be prohibited on any property where the primary use is for agriculture.” At the same time, it amended RSA 674:32-b to make it clear that an agritourism use may be made subject to local land use board approvals, such as site plan review or special exception.

Because of concerns that some local land use boards either were not heeding the 2016 law or were interpreting “agritourism” too narrowly, SB 412 was introduced this year to try to strengthen the law. As introduced, the bill would have expanded the definition of agritourism, but that effort quickly ran into resistance, and the bill

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was amended. The amended bill was passed by the legislature and signed by the governor.

The new law, which has already taken effect, does two things. First, it adds a statement in RSA 674:32-b that “[n]o municipality shall adopt an ordinance, bylaw, definition, or policy regarding agritourism activities that conflicts with the definition of agritourism in RSA 21:34-a.” Although this seems like a new restriction on municipal authority, it really is not. Municipalities already were required to allow “agritourism, as defined in RSA 21:34-a,” on any property where the primary use is for agriculture. Even if a municipality has a different definition (or no definition) of “agritourism” in its zoning ordinance, it still must allow agritourism as defined in state law on any agricultural property.

On that point, the new law merely reinforces the existing requirement.

If anything, it prohibits a municipality from adopting a broader definition of agritourism, although that presumably was not the intent; and if a municipality wants to permit uses beyond the state definition of agritourism, it would merely need to find a different term for them. As long as it permits agritourism as defined in the statute, it is fine—and again, that is no change from the existing law.

Second, the new law allows the commissioner of agriculture to “adjudicate disputes concerning activities that constitute agritourism pursuant to RSA 21:34-a.” An applicant may petition the commissioner for a declaratory ruling either before filing a land use application with a municipality or after an application is denied. A party aggrieved by the commissioner’s ruling may request reconsideration within 20 days, and may appeal to the New Hampshire Supreme Court after the decision on reconsideration. www.nhmunicipal.org

This curious provision, assigning a judicial function to an executive branch official, breezed through the legislature with surprising ease. The good news is that the commissioner’s authority is expressly “limited to the question of whether or not a municipality’s ordinance, bylaw, definition, or policy on agritourism conflicts with RSA 21:34a.” That is a very narrow question.

Some of the bill’s supporters seemed to believe it would enable the commissioner to overturn a local land use board’s determination about whether a proposed use constitutes agritourism and is therefore permitted, but the plain language of the bill refutes that. As the House committee report explained, “The bill does not authorize the commissioner to reverse a local land use board’s decision about whether a particular use is permitted, it merely authorizes the commissioner to determine whether the municipality’s ordinance, bylaw, definition, or policy on agritourism is inconsistent with the state’s definition.” The commissioner’s authority extends only to the definition of agritourism. So long as a municipality employs a definition that is consistent with the state’s, the commissioner has no authority to question a local land use board’s decision that a specific use does or does not satisfy that definition.

Land use boards that are facing controversial agritourism issues should anticipate that some applicants may try to use the new law to attack their decisions. However, they should understand that so long as the board adheres conscientiously to the definition of “agritourism” in RSA 21:34-a (again, regardless of whether the municipality has a different definition in its ordinance), any appeal to the commissioner should fail. At the same time, though, if the ordinance contains a definition of agritourism that differs from the definition in RSA 21:34-a, www.nhmunicipal.org

the planning board should consider proposing an amendment to bring it in line.

Termination of unexercised variances and special exceptions. Let’s return briefly to variances and special exceptions. In 2013 the legislature amended RSA 674:33 to provide that a variance or a special exception “shall be valid if exercised within 2 years from the date of final approval, or as further extended by local ordinance or by the zoning board of adjustment for good cause.” This established a clear rule for the extinguishment of variances and special exceptions granted after the effective date of that amendment (August 19, 2013), but it left unresolved the status of approvals granted before that date that did not come with a stated expiration.

This year’s HB 1533 addressed that issue. It allows a municipality to amend its zoning ordinance to provide for the termination of unexercised variances and special exceptions that were granted before August 19, 2013.

Under the new law, once an ordinance is amended to provide for the termination of unexercised approvals, the planning board must post notice of the termination in the city or town hall.

The notice must be posted for at least one year, and must state prominently the expiration date of the notice. The notice must state that variances and/ or special exceptions granted before August 19, 2013, are scheduled to terminate, but will be valid if exercised within two years of the expiration date of the notice. This still gives anyone who is sitting on an unexercised approval plenty of time (at least three years once the zoning ordinance is amended) to exercise an approval that is already many years old.

Notice of construction of a crematory. SB 505, which will take effect January 1, 2019, amends RSA 325-

A:3 (the statute regulating cremation of human remains) to state that “[a] person intending to construct a crematory shall, upon application for a building permit, provide notice of the intent to all owners of property within 250 feet of the proposed crematory by verified mail.” Note that the new law does not require the municipality to notify property owners—the obligation is solely that of the person constructing the crematory.

It seems that this should be unnecessary, at least in municipalities that have site plan review for development of non-residential uses, because notice by verified mail will have been given to abutters before the application was considered. Testimony in the Senate, however, indicated that the legislation was motivated by a situation in which a town determined that a proposed crematory was an accessory use to an existing funeral home, and no notice or public hearing was required. Whatever the explanation, this is a situation that will arise rarely—and again, the new law imposes the notice obligation solely on the property owner, not on the municipality.

Minutes must indicate who made motions. Although it is not specifically a land use law matter, a change to the Right-to-Know Law will affect land use boards. HB 1347 requires that, beginning January 1, the minutes of all meetings of public bodies record “the names of the members who made or seconded each motion.”

Most land use boards already record in their minutes the names of members who made or seconded motions, but this has never been required by law.

It has always been sufficient to state, “On a motion made and seconded, the board voted . . . .” For that matter, there is no legal requirement that a motion be seconded at all (except a motion to enter nonpublic session), SEPTEMBER/OCTOBER 2018

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NEW LAWS from page 39 unless the board has it in its rules of procedure, or is trying to follow Robert’s Rules. (And even under Robert’s Rules, “motions need not be seconded in a small board or committee.”)

The new law does not require that a motion be seconded—but it does require that if a motion is made and seconded, the minutes must state who made and seconded the motion.

Regulation of seeds and fertilizer. HB 1233 amends the state’s agriculture statutes to add some limits on municipal authority. First, it adds a new section, RSA 433:7-a, that prohibits municipalities from regulating the sale or use of agricultural seeds. This was principally intended to preempt any efforts at the local level—more common in other parts of the country—to prohibit the growing of genetically modified crops.

It is questionable whether municipalities would have had this authority even in the absence of preemptive legislation, but this makes it clear.

While a municipality may not regulate the type of fertilizer, it is not preempted from regulating the amount or manner of application. This distinction was intentional—proponents of the legislation recognized that a municipality may have a legitimate interest in regulating how fertilizer is applied, or how much is used, as opposed to trying to dictate specific formulas. The phrase “type of fertilizer” was chosen deliberately to acknowledge that distinction. The House committee report stated, “The intent is to address the concern of local regulations impeding the farmer’s choice when selecting the type of fertilizers to be used on their agricultural land.”

Note also that the preemption applies only to fertilizer used “for agricultural purposes.” It does not prevent a municipality from regulating lawn fertil-

izer or other non-agricultural uses.

Again, this limitation was emphasized in the House committee report: “This amendment is specific to agricultural lands and would not prevent towns from developing plans that would restrict the type of fertilizer used in certain sensitive areas.”

If you have questions about these or any other new laws, please contact NHMA’s Government Affairs staff at 800-852-3358, or governmentaffairs@nhmunicipal.org.

Attorney Cordell A. Johnston serves as Government Affairs Counsel with the New Hampshire Municipal Association. He may be reached by phone at 603.224.7447 or at governmentaffairs@nhmunicipal.org.

The new law expressly states that it does not limit municipal authority to adopt and enforce planning and zoning regulations, “including the authority to require native plantings, and combat invasive species listed in accordance with RSA 430:53 as part of a planning board’s site plan review or subdivision authority or as a condition of a zoning board of adjustment’s granting of a variance or special exception.”

Second, HB 1233 amends RSA 431:4d to prohibit local regulation of “the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.” Thus, a municipality may not adopt an ordinance stating, for example, that farmers may only use organic fertilizers, or may only use, say, wood ash or cow manure.

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civil & environmental engineering

Accompanying this article is a legislative policy proposal form that can be used to submit a proposal for

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The

HR

REPORT

Agency Fees, Fair Share and the Janus Decision

By Mark T. Broth

O

n June 27, 2018, in Janus v. American Federation of State, County, and Municipal Employees, Council 31, the US Supreme Court, by a 5-4 decision, held that requiring non-consenting public employees to pay “agency” or “fair share” fees violates the First Amendment to the US Constitution. In reaching this decision, the Court overruled a 40 year old decision in Abood v. Detroit Board of Education, 431 US 209 (1977) which held that agency fees were permissible as long as they did not include costs associated with a union’s political or ideological agenda.

Labor unions are service businesses. They offer the services of professional labor negotiators, lawyers, and support staff to employees who believe that they are unable to effectively communicate with their employers. Like any other business, labor unions need to pay their employees. This obligation requires a revenue stream. That revenue stream has traditionally been in the form of dues paid by union members.

In addition to paying its employees, labor unions use dues payments to support lobbying activities and other functions that they believe will benefit workers.

In the private sector, it is common for collective bargaining agreements to contain “union security” clauses that require, as a condition of employment, that employees become and remain dues paying union members. This type of union security clause is not permitted in states that have enacted “right to work” laws. In those states, collective bargaining agreements often contain modified union security clauses, which provide that employees must either pay union dues or a fee in lieu of union dues (commonly called an “agency fee” or a “fair share fee”) to cover the cost of core labor union services, such as negotiations and grievance processing. A series of US Supreme Court decisions have defined and limited the types of services for which an agency fee may be imposed.

In the public sector, compulsory union membership has always been considered unlawful. Under the First Amendment, all citizens enjoy freedom of association. This means 42

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that no governmental entity can require a citizen to join any organization, such as a political party or a fraternal or service organization or prevent a citizen from doing so. As a result, a governmental entity cannot be party to a collective bargaining agreement that requires employees to join a labor union. Nonetheless, unions are required to act as the exclusive representative for all positions within their designated bargaining unit – regardless of whether the employees in those positions have in fact elected to join the union. As a result, labor unions often bargain for language requiring all covered public employees to either pay union dues or an agency fees to cover the cost of union services. This practice has been in effect from the onset of public sector collective bargaining until the Janus decision.

In Janus, the plaintiff, a member of a municipal bargaining unit represented by AFSCME, claimed that the agency fee requirement violated his First Amendment rights. A bare majority of the Court agreed. The Court held that all activities of public sector labor organizations are inherently political, in that the union takes positions adverse to the employing governmental body. Accordingly, the Court held that a compulsory agency fee requirement essentially requires an employee to support those political activities, which violates the First Amendment protection for freedom of association absent each employee’s consent.

What does this mean for public employers and public sector labor unions? First, public employers should review their collective bargaining agreements to see if they contain mandatory provisions requiring members of the bargaining unit who do not join the union (i.e., who do not pay union dues) to pay an agency or fair share fee. If your CBAs have those provisions, employers should immediately notify affected employees and their labor representatives that you will no longer withhold agency fees from employee paychecks. For some labor unions, the Janus decision will thus mean a decline in revenue. The extent of that decline largely depends on the affinity between employees and their labor representatives. Police and fire bargaining units tend to have high www.nhmunicipal.org

union membership and few employees who pay agency fees, so the impact on those labor organizations will be minimal. Teachers, white collar, and clerical units tend to have more employees who are ambivalent about union representation, so the unions that traditionally represent those employees (NEA, SEA, AFSCME) may see a greater impact.

Janus may be a victory for Republicans who wish to weaken the labor unions traditional support of Democrat candidates. But it is no victory for public employers whose employees are represented by labor organizations. The Janus decision is an interpretation of citizen rights under the First Amendment.

It is not a labor law decision. Nothing in Janus changes any of the rights and responsibilities of public employers or public sector labor organizations under New Hampshire RSA 273-A. Public employers must continue to bargain in

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good faith with their employees’ certified bargaining representatives and those bargaining representatives remain obligated to represent all members of a bargaining unit, regardless of the number of dues paying members. A decline in funding may mean that labor unions will be trying to perform those functions with reduced staff, which could slow the pace of labor negotiations and grievance processing, resulting in increased cost and inconvenience for public employers.

In Janus, the Court suggested that labor unions could offer services to non-members on a “fee for service basis”; essentially, that employees purchase union services a la carte. Neither the PELRB nor the New Hampshire Supreme Court have opined on whether RSA 273-A allows certified bargaining representatives to withhold services to bargaining unit members who refuse to pay for those services.

However, it is likely that labor organizations will ask public employers to withhold voluntary agency fee or a la carte services payments from employee paychecks. Like dues deductions, any withholding from employee pay is a subject for bargaining and not an automatic employer obligation.

Mark Broth is a member of DrummondWoodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.

“Copyright 2018 Drummond Woodsum.

These materials may not be reproduced without prior written permission.”

SEPTEMBER/OCTOBER 2018

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— This Moment in NHMA History — 43 years ago….

NHMA’s legislative policy process, generally as it is known today, was initiated in 1975. The new comprehensive committee process brought together for the first time 84 members from 41 municipalities in six policy committees. This new policy development process sought to bring together members, and representatives from affiliate groups, who had the everyday, working knowledge of the problems cities and towns faced that could be addressed by legislative change.

?

?

Name the New Hampshire town in which this town hall resides.

According to its website, this area was once within the domain of the Newichawannock Indians, an Abenaki sub-tribe, which took its name form the Newichawannock River, meaning “river with many falls.” Settled in 1623, the area was first called Sligo after Sligo in Ireland, and this name survives today on a town road.

It was established as a parish called Summersworth in 1729, meaning summer town, because the ministers preached here during the summer. This town was formerly incorporated in 1849 and named after a prominent businessman, banker and politician.

NAME

THAT

TOWN OR

CITY

?

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? ?

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the November/December 2018 issue.

ANSWER TO PHOTO IN JULY/AUGUST 2018 ISSUE: The photo on page 39 in the last issue of New Hampshire Town and City magazine was the town offices in the Town of Sunapee. Thanks to all our members who responded with the correct response, including James Headd (Auburn); Mary Richardson (Center Harbor); Carol Porter (Walpole); Scott Wiggin (Bedford); Margaret Warren (Salisbury) and Bill Herman (Auburn).

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A F F I L I AT E M E M B E R

Sp tlight

The Affiliate Group Spotlight is a column designed to give readers a closer look at NHMA’s Affiliate Groups. There are over 30 such groups affiliated with NHMA comprised primarily of municipal officials, usually professional organizations, serving a particular position, such as city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce and spotlight the New Hampshire Association of Assessing Officials (NHAAO).

NHAAO was established in 1911 and codified by an act of the State Legislature in 1921 under RSA 31:8, Town Officers’ Associations. Our purpose is to encourage equitable property taxation, and to educate public officials in tax problems and other matters pertaining to the proper and efficient discharge of their assessing duties and responsibilities.

Mission and Standards To that end the Association holds workshops, seminars, discussions, and conferences relating to taxation and assessing as well as the tracking of and testifying at legislative sessions pertaining to property assessment administration and taxation. In addition, we may publish books, pamphlets, brochures and papers, relating to taxation and assessing and all other things necessary and desirable to foster the purposes of the Association. In this way, the Association works toward its ongoing mission, which is to provide education and information, and to promote equitable taxation and excellence in property appraisal and assessment administration through personal development with the highest ethical standards.

Local, Regional and National Affiliations The Association is an affiliate of the Northeast Regional Association of Assessing Officers (NRAAO) representing towns and cities from the Maritime Provinces in Canada through the State of Maryland, the International Association of Assessing Officers (IAAO) which is truly global, and of course, a long-standing relationship as an affiliate of the New Hampshire Municipal Association (NHMA.) The Association holds a monthly education session/ business meeting that all public officials may attend,

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typically at the NHMA offices in Concord, and at NHMA’s annual conference held each November in Manchester. Through our Regional and County Directors, the Association keeps our towns and cities informed of situations that may affect them.

The assessing profession can be a challenging one; although we value but do not actually tax property we are nonetheless figureheads of taxes and often bear the brunt of public opinion. With the variety of people we meet; rich or poor, young or elder, big family or small, we have to be well rounded in a variety of topics, able to communicate at various levels, and prepared to deal with adversity from various sources both far away and close by.

Probably the biggest change many of our members would like to see in our profession is access to more information to help us do our jobs in the commercial/ industrial sector involving true terms of purchase, rents, and expenses of building operation.

The work of our Association is vital in a state such as New Hampshire, where the property tax represents the largest share of revenue generation. The NHAAO is pleased to be able to make use of any resources from the NHMA as may be needed as part of our ongoing “battle” as it were to help our towns and cities ensure equitable taxation throughout New Hampshire, and we look forward to continuing our efforts in the many years to come as an affiliate of the NHMA. If you would like more information about NHAAO and how to become a member, please refer to our website at www.nhaao.org.

SEPTEMBER/OCTOBER 2018

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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: Statute Allowing Municipalities to Retain Excess Proceeds from Sales of Tax-deeded Property Brought Under Constitutional Scrutiny Polonsky v. Town of Bedford, New Hampshire Supreme Court Case No. 2016-0354, 6/28/2018.

Compulsory Agency Fees Cannot Be Collected from Non-Union Members Janus v. AFSCME Council 31, United States Supreme Court No. 16-1466, 6/27/2018.

REPRESENTING MUNICIPALITIES Land Use

Labor & Employment

Administration & Finance

Environmental Law

Assessment, Abatement and Tax Collection

Bankruptcy

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48

NEW HAMPSHIRE TOWN AND CITY

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2018 Municipal Law Lecture Series $90 for three lectures/$35 per lecture

These lectures are intended for members of the New Hampshire Municipal Association particularly for municipal officials with an interest in or responsibility for any aspect of municipal land use regulation, including members of planning and zoning boards, planners, land use administrators, select boards, town and city councilors, building inspectors, code enforcement officers, and public works personnel.

Lecture 1

Planning Board Procedural Basics Presenters:

C. Christine Fillmore, Esq. Gardner, Fulton & Waugh PLLC Diane M. Gorrow, Esq.

Locations: Cheshire County Hall 12 Court Street Keene Derry Municipal Ctr., 14 Manning Street Derry Stratham Municipal Ctr. 10 Bunker Hill Ave. Stratham NHMA Offices 25 Triangle Park Drive Concord

Lecture 2

How to Read a Survey Plan Stephan Nix, Esq., Licensed Land Surveyor Nate Miller, AICP, Deputy Director

Lecture 3

Solar Power & Land Use Clayton R. Mitchell, Ph.D., Esq. University of NH

Soule, Leslie, Kidder, Sayward & Loughman, PLLC

Southern NH Planning Commission

John T. Ratigan, Esq. Donahue, Tucker & Ciandella, PLLC

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7:00 pm—9:00 pm

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October 10

7:00 pm—9:00 pm

September 26

7:00 pm—9:00 pm

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9:00 am-4:00 pm Continental Breakfast & Registration begin at 8:30 am

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

Questions? Call 800.852.3358 or email NHMAregistrations@nhmunicipal.org.

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SEPTEMBER/OCTOBER 2018

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NHMA and Drummond Woodsum Announce New Free Member Benefit

Employment Law Hotline NHMA and Drummond Woodsum are pleased to announce the formation of the Employment Law Hotline, a free service now available to city and town members of NHMA!.

The Hotline is available at no charge and Drummond Woodsum labor law attorneys will provide up to 1/2 hour of FREE legal advice per employment issue.

Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.

What Can You Expect?

Drummond Woodsum Hotline attorneys will be available to answer employment-related questions -before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Should a NHMA member using the Hotline seek advice on a specific matter, or should the question posed suggest circumstances that might give rise to liability, they will be advised to consult on that matter with legal counsel of their own choosing. Drummond Woodsum will keep confidential any information which it receives relative to the employment matter.

Who Can Call the Hotline?

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

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

Got an employment issue?

Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com.

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The ABCs of RPCs

Wednesday, September 19, 2018 12:00 pm—1:00 pm

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

The ABCs of RPCs

Elections: From Registration to Results

New Hampshire is comprised of nine Regional Planning Commissions (RPCs) and each represent a unique association of local governments that provide comprehensive planning services to meet the diverse needs of the geographic region they serve.

The traditional role of RPCs was to plan for the physical development of the areas they served. This involved planning issues such as land use, transportation, and natural resource protection. While this function has continued to be important, additional program responsibilities have been added, including technical assistance in such areas as economic development, grant and loan services, reviewing developments of regional impact and compiling housing needs assessments.

Join Nathan Miller, AICP, Deputy Executive Director with the Southern New Hampshire RPC, and Stephen C. Buckley, NHMA’s Legal Services Counsel and Chair of the New Hampshire Association of RPCs (NHARPC), who will outline the strategic partnerships and current work of the RPCs on behalf of its member communities, and by extension, all cities and towns across New Hampshire.

Elections: From Registration to Results Wednesday, October 3, 2018 12:00 pm—1:00 pm

The State General Election is Tuesday, November 6, 2018. Are you ready?

Join Dee-Ann Decker, Chairman, Supervisor of the Checklist in the Town of Nottingham, and Stephen C. Buckley, Esq., NHMA’s Legal Services Coordinator, who will explore and discuss important election law changes affecting all New Hampshire municipalities. The legislature made significant voter registration changes via SB 3 that must be implemented by local election officials. One of those changes, a bifurcated voter registration process, must be used by election officials with different forms and procedures for registration more than 30 days before an election as opposed to voter registration less than 30 days before an election or on election day. Recently enacted HB 1264 (goes into effect on July 1, 2019) modifies the general statutory definitions of "resident or inhabitant" and "residence or residency” for voter eligibility and registration purposes.

Come learn from the experts about the new responsibilities election officials must keep in mind when preparing for the next general election.

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

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

www.nhmunicipal.org

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Stranger Streets: A New Hard Road to Travel Workshop!

If a Class VI road is washed out, can the town really do nothing?

Can public works cut trees on a scenic road?

Do there really need to be summer cottages on a “highway to summer cottages”?

Join NHMA Attorneys Stephen Buckley and Margaret Byrnes for the answers to these questions—and many more! The attorneys will discuss the “stranger” side of municipal road law, including bridges, municipal trails, sidewalk maintenance, scenic roads, highways to summer cottages, and winter roads. Ample time will also be spent on Class VI and private roads, including what municipalities—and residents—can and cannot do on these roads.

Thursday October 4, 2018

9:00 a.m.—12:30 p.m.

Registration at 8:30 am

NHMA Offices 25 Triangle Park Drive Concord, NH Workshop Cost: $60.00* * workshop does not include publication!

Register online at www.nhmunicipal.org under Calendar of Events Online pre-registration required one week prior. Space is limited.

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

www.nhmunicipal.org

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25 Triangle Park Drive Concord, NH 03301

Periodical Postage Paid at Concord, NH

Make Your Community Stronger.

Invest in the Good Health of Your Employees.

HealthTrust coverage gives your employees and their families everything they need to stay healthy and productive.

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

800.527.5001 www.healthtrustnh.org