New Hampshire Town and City, November-December, 2018

November/December 2018

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Healing Divisions in the Governing Body..............................10 How We Fund Public Services in New Hampshire...................15 A Few Legislative Changes for Town Meeting Season........19 15 Ideas for a Better Town Meeting.......................................23 Preparing for 5-G Wireless Facility Applications   in Public Right-of-Way............................................................29

SEE ANNUAL CONFERENCE CENTER SPREAD

Contents Table of

Volume LXI • Number 6

November/December 2018

3 A Message from NHMA's Board Chair 5 Happenings 9 Upcoming Events 34 THE HR REPORT: Understanding "Work to Rule" 38 NLC REPORT: Small Cell Wireless Municipal Action Guide 40 NHARPC SEGMENT: Ups and Downs of Passenger Rail in New Hampshire 43 Up Close and Personal on the Board: Lisa Drabik 45 Up Close and Personal in the Field: Dean Shankle 46 LEGAL Q&A: Top 10 Elections Questions from Members 51 AFILLIATE SPOTLIGHT: New Hampshire Parks and Recreation Association CENTER INSERT: 2019-2020 Legislative Policy Positions

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 Production/Design

Evans Printing Co.

10 15 19 23 29 33

Healing Divisions in the Governing Body How We Fund Public Services in New Hampshire A Few Legislative Changes for Town Meeting Season 15 Ideas for a Better Town Meeting Preparing for 5-G Wireless Facility Applications in Public Right-of-Way 2020 Census: Communities Can Help Now!

Cover Photo: Photo by Tim Metivier, Code Enforcement Officer

with the City of Somersworth

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 Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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As of January 25, 2018

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THANK YOU TO OUR 2018 TOWN & CITY ADVERTISERS HEB Engineers Tighe & Bond, Inc. Vachon Clukay & Company, PC Primex3 PFM Asset Management, LLC Upton & Hatfield, LLP NH Municipal Bond Bank Mitchell Municipal Group, PA ICMA-RC TD Bank HealthTrust, Inc. DuBois & King, Inc. Municipal Resources, Inc. Avitar Associates DTC Lawyers CMA Engineers Matt Angel, CPA Underwood Engineers Melanson Heath Roberts & Greene, PLLC Harriman Drummond Woodsum Preti Flaherty Gardner, Fulton & Waugh RPF Environmental Peoples United Bank

A Message from the

NHMA Board Chair Brent Lemire

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s I reflect over my term as chair, I realize how remarkable the two years has been for me. I interacted with a myriad of people associated with municipal, county and state government, and along this journey, I experienced incredible learning opportunities and witnessed first-hand the devotion and dedication these people have to their jobs and vocations. I am so grateful for that opportunity.

I would especially like to thank the members of the Board of Directors for their hard work. The NHMA Board is comprised of 25 members who reside in every corner of the state. This is important to me because when we came together to decide how to deal with an issue, I was confident that every part of the state was being represented -- cities and towns, big and small, north and south -- all of us. NHMA is truly blessed to be served by such an active and dedicated board of directors.

I also want to recognize our 10-member staff who provide and deliver important programs and services and support to our members. We are fortunate to have such talented, experienced, and knowledgeable professionals who dedicate their energies to an organization ready and able to address the issues facing local governments, through advocacy efforts, educational workshops and publications, and legal services.

Like so much of NHMA’s work, the Legislative Policy Process depends on the dedication and support of our volunteer members. On September 14, representatives from nearly 70 cities and towns gathered to debate, discuss and vote on proposed legislative policy positions submitted by member municipalities. These policy positions will guide NHMA advocacy efforts for the upcoming 2019-2020 legislative biennium. In this edition you’ll find the “fruits” of this process – an insert containing the 2019-2020 Legislative Policy Positions adopted by NHMA membership.

November is typically a busy month at NHMA and this year is no exception. November 14 and 15 we will welcome members at our 77th Annual Conference with over 50 program sessions and over 100 exhibitors serving municipal governments. Our theme for 2018, Sharing Ideas: Shaping the Future, captures the role and responsibility of local officials to share their vision and ideas for their cities and towns which shape the future of this great state.

Our job here at NHMA is never done. Municipal powers continue to be eroded by court decisions interpreting and limiting the scope of municipal powers and by the legislature which has, with increasing frequency, enacted legislation preempting municipalities from acting in a given area. The erosion of local control has not occurred overnight. But circumstances have seemingly made the relationship between state and local government more strained.

More than ever before, cities and towns must stand together and speak with one shared voice to support policy that best serves the needs at the local level – which is where government touches the people most directly.

I would like to close by expressing my sincere gratitude to our retiring Executive Director, Judy Silva.

Judy your expertise and guidance has put this organization on a secure track for success! I am also grateful for your efforts in keeping me “on track” during my tenure. I think I can speak for everyone in wishing you the very best in a well-deserved retirement. www.nhmunicipal.org

Warmest regards, Brent Lemire NHMA Board Chair

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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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AUBURN

PORTLAND

PORTSMOUTH

BOSTON

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HAPPENINGS $23 Million Allocated to New Hampshire Municipalities to Improve Water Quality Twelve New Hampshire municipalities will receive a combined $23 million to improve water quality, much of it coming from a $336 million verdict against ExxonMobil for groundwater contamination.

Stratham’s Town Administrator, Paul Deschaine, speaking at NHMA’s recent Legislative Policy Conference in September. This will likely be Paul’s last policy conference since he announced his retirement in June. Congratulations, Paul, and thanks for all you have done for your community and municipal government in New Hampshire.

Stratham’s Paul Deschaine Announces Retirement Plans In June, Paul Deschaine announced his intention to retire from his position as Stratham’s Town Administrator effective December 31, 2018.

Mr. Deschaine said, “Thirty years ago on August 15, 1988 I arrived in Stratham as the Town’s first administrator. No one, including me, knew what to expect. The experiences I have had, both in good times and in bad, have been rewarding professionally and personally. The friendships and memories gained throughout these years are enumerable and will continue into retirement. The warm welcome received by my family and I was truly appreciated, and I hope my successor is received in the same manner.”

Board of Selectmen Chairman Mike Houghton stated: For thirty years Paul has been a constant beacon providing consistent guidance and leadership to our Town. It is impossible to sum www.nhmunicipal.org

up his steadfast commitment and accomplishments in a few words. Paul’s pragmatic and thoughtful approach has helped guide Stratham through positive and significant change while maintaining our agricultural roots and sense of community throughout his years of service to the Town. I am excited for Paul, Mikki and their family as they move forward and together with board members Joe Lovejoy and Bob O’Sullivan extend our sincere appreciation and best wishes to them for all that is yet to come!

Deschaine said, “My wife, Mikki, and I will continue to live in Town and seek more time to enjoy each other’s company. Although I do not have any immediate plans for after the first of next year, there are many options available. Until then, I remain focused on Town issues and business while assisting in any way I can to make the next steps easier for everyone. Stratham will again renew its motto ‘to be inspired by the past and committed to the future.’”

The projects include an $11.7 million upgrade to the town of Hampton wastewater plant and $1.3 million to Merrimack for drinking water system improvements. In addition to the Merrimack and Hampton projects, the following cities and towns will receive loan support including: • Londonderry: $190,000 for the Midridge Condominium Association for water system improvements.

• Exeter: $383,000 for the Glengarry Condominium Association for water system improvements.

• Allenstown: $1.6 million to finance Library Street and Suncook Pond water projects.

• Ashland: $1.5 million to finance a sewer project.

• Dover: $3 million to finance the Varney Brook Pump Station upgrade.

• Lebanon: $3.3 million for a sewer separation project.

Four communities are in line for smaller loans to fund asset management systems, with a $60,000 request for Marlborough and $30,000 each for Wolfeboro, Hooksett and Plymouth.

Money for the revolving loan program comes from the $240 million in proceeds of the court ruling against ExxonMobil.

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HAPPENINGS from page 5 The legislature formed ed a groundwater trust fund (SB 380) and created a 19member water quality advisory commission chaired by Senate President Chuck Morse, R-Salem, to review applications from communities and submit them to the governor and council for final approval. The trust fund, which has grown to $280 million through investments, is set up so that the money is replenished by loan repayments.

New Hampshire Towns Unlock Powerful Savings with Solar PPA’s Because New Hampshire’s latitude is identical to sunny places like Marseille, France on the Riviera, we benefit from a powerful solar resource that is equal to Houston, TX and just 10% less

than Florida’s annual sunshine. Today’s modern, cost-effective solar technology is enabling New Hampshire towns, schools, nonprofits, businesses and residents to harvest abundant free energy from the sun to save money and protect the pristine natural environment that makes it so wonderful to be living in northern New England.

ing carbon pollution from regional fossil fuel power plants. You may have heard of municipal solar PPA projects already reducing costs and improving air quality for towns like Brentwood, Durham, Exeter, Lee, Peterborough, Plymouth, Stratham and many others.

Because sunshine is free and high-quality solar panels have become less expensive, a growing number of New Hampshire towns are using the Granite State’s abundant solar resource to combat the high cost of grid electricity. Perhaps the most attractive aspect of this trend is that municipal solar installations are being financed in a way that avoids the need for towns to tap their capital budgets.

Solar power purchase agreements (PPA’s) allow schools, municipalities and nonprofits to acquire solar electric systems at zero up front cost, unlocking powerful savings on electric bills while reduc-

Because these projects significantly reduce taxpayer costs, the path to solar PPA success is relatively easy for municipalities. It begins with a review of town buildings and utility bills, followed by a free technical solar evaluation of potential locations for solar arrays, both of which enable ReVision Energy to build a project proposal and highly detailed financial analysis of the solar PPA opportunity.

ReVision Energy, a local employee-owned solar company, has designed, financed and installed more than 100 solar PPA projects in ME, NH and MA.

Innovative Path to Solar

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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Towns Easily Grasp PPA Benefits to Municipalities Towns are signing up for solar power purchase agreements because the economic and environmental benefits are attractive and relatively easy to pass with a majority vote of the council. There is also some urgency to sign a PPA contract sooner than later because federal incentives for solar energy begin to decline in 2020, meaning that the financial deal may not be as attractive after 12/31/2019.

One of the most popular aspects of municipal solar PPAs is that they enable towns to pay less for clean, renewable solar electricity than what they are currently paying for ‘brown’ power from the utility grid. Under the PPA contract, a town agrees to purchase 100% of the solar electricity from the array at a fixed rate, for a minimum of five years (this is called the ‘tax recapture’ period, during which a sale of the solar project to the town would result in a tax penalty on the impact investor). On Day 1 of Year 6 of the PPA, the town has the option to purchase the solar project at deep discount (roughly 50% to 60% of original project cost) or to continue buying the solar electricity from the array at a fixed rate.

Locking in a low, fixed rate for solar electricity is highly attractive to municipalities because utility electric rates have been climbing upward for the past 30 years. Modern solar panels, which are proven to be robust and reliable in

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our relatively harsh northern climate, come with a 25-year warranty and a 40-year expected useful lifespan. When the initial cost of a solar electric system is amortized over 40 years, the cost per kilowatt hour of solar electricity generated is below 5 cents.

Amazon Prime Video will soon be part of the lineup. With this expansion, Comcast will be available in 104 communities in New Hampshire.

For more information, contact ReVision Energy’s co-founder and managing partner, Phil Coupe, at phil@revisionenergy. com.

First Competitive Cable Market Created in Rochester Comcast is now connecting residential customers to cable service in Rochester, creating the first competitive cable market in New Hampshire. Earlier this year, the Rochester City Council approved a 10-year cable franchise agreement with Comcast, giving Rochester residents more options for television, internet, voice, home automation and wireless services. Recently Comcast announced that dozens of homes at The Village at Clark Brook were the first in Rochester to be connected. Other homes and businesses will be activated later this year in a multi-phase, street-by-street effort and in 2019.

Comcast’s platform for video service includes the X1 voice remote that can be used to access television programming and use Netflix, YouTube, Pandora, iHeartRadio and NPR One.

NHMA’s Judy Pearson, left, with her friend, Jannalee, whose husband is a survivor of esophageal cancer.

NHMA’s Pearson Goes the Distance!

NHMA’s Member Relations Coordinator, Judy Pearson, went the full distance (26.2 miles from Hopkinton to Boston, MA) in the 30th anniversary of the Boston Marathon/Jimmy Fund walk for the Dana-Farber Cancer Center. Said Pearson, “I walked this to honor my dad who is a 4-type cancer survivor.” Judy’s team of 5 raised more than $7,000 for cancer research. Congrats, Judy, on your walk and fundraising efforts!

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Municipal Trustee Training

Wednesday, November 7, 2018 12:00 pm—1:00 pm

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

Municipal Trustee Training

How We Fund Public Services in New Hampshire

Municipal trustees—cemetery trustees, library trustees, trustees of trust funds—have very important and varied duties. Because municipal trustees hold volunteer positions, this webinar is geared to give you the tools you need to perform your duties legally.

Join Terry M. Knowles, Assistant Director with the Charitable Trusts Unit in the State's Attorney General’s Office, who will explore the complexities of public versus private money and the role trustees play in the municipal appropriations process.

Learn how to carry out your municipal trustee duties and how best to administer the trusts for which are under your control and supervision.

How We Fund Public Services in NH Wednesday, December 12, 2018 12:00 pm—1:00 pm

How are the programs and services provided by different levels of New Hampshire government funded? What role does the state have in funding these programs and ser-vices?

Many people think of the property tax as a primary funding source, but there are a range of other revenue streams that we rely on to fund public services such as education, child care and protection, public safety and health, roads and bridges, and environmental programs. Public ser-vices at the state level are funded through a collection of tax, fee, and enterprise revenue sources, with different degrees of variation due to economic cycles. Federal funds also support a broad range of programs and ser-vices at the state and local levels.

Join New Hampshire Fiscal Policy Institute’s Policy Analyst Phil Sletten and NHMA’s Government Finance Advisor Barbara Reid for this presentation, which will explain the primary revenue sources we rely on to fund public services in New Hampshire and some key policy decisions that have had effects on state and local revenues. It will also review the interplay with federal funds and the im-pact potential federal budget decisions could have on public services here in New Hampshire. There will be ample time for audience questions and answer session.

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.

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Upcoming

Events

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

NOVEMBER State General Election Tuesday, November 6 Webinar: Municipal Trustee Training Wednesday, November 7 12:00 noon – 1:00 pm NHMA 77th Annual Conference and Exhibition Wednesday, November 14 Manchester Downtown Hotel (formerly Radisson), Manchester NHMA 77th Annual Conference and Exhibition Thursday, November 15 Manchester Downtown Hotel (formerly Radisson), Manchester Thanksgiving Holiday (NHMA Offices Closed) Thursday, November 22 Friday, November 23

DECEMBER Webinar: How We Fund Public Services in New Hampshire Wednesday, December 12 12:00 noon – 1:00 pm Christmas Eve (NHMA Offices Closed) Monday, December 24 Christmas Day (NHMA Offices Closed) Tuesday, December 25

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Healing Divisions in the Governing Body: Can’t We All Just Get Along?

By Tami Tanoue

T

here are more and more instances of governing bodies with intractable divisions that cut across virtually all of the body’s decision-making. This division is affecting productivity, driving away opportunity, and undermining citizen confidence. This article explores the causes and impacts of such divisions and examines some possible ways to break out of the patterns that cause them.

First, though, let’s be clear about the situation under discussion: • Every governing body has disagreements, and there is nothing wrong with that. It would be strange, indeed, if all members agreed on all issues all the time. If that were the case, why would we even need five, seven, or nine members?

• Sometimes, disagreements create a residue of misunderstanding or hurt feelings, but that is to be expected, too.

Most governing body members are able to leave that residue behind and move on to the next matter at hand.

• This is not about the “outlier” issue, where one or some members of the body have made it their mission to separate themselves from the rest of the group, with the sole goal of embarrassing the rest and proving that they are the only “ethical,” “transparent,” or “responsive” (or insert description of your choice) member of the body, at least in their opinion. There are ways to address the “outlier” issue.

What we are talking about here is a governing body in a condition that we can all agree is severely dysfunctional. We are talking about a body that is intractably divided, and whose 10

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every debate, discussion, and decision are characterized by lingering unresolved matters, mutual contempt, and hard feelings that calcify into hardline positions. We are talking about meetings that staff and citizens refer to as the “Thursday night fights” (or insert evening of your choice). We are talking about meetings where members regularly yell or snipe at each other, name-call, storm out, or maybe even resort to fisticuffs. And even if it is not that dramatic, meetings may still be characterized by tension, passive-aggressive behavior, an inability to see beyond the players and focus on the merits of any issue, and maybe an angry social media post or two after the meeting.

Whatever the level of dysfunction, destructive consequences can result. Once you “write off ” or “demonize” colleagues (“she’s just clueless,” “he’s completely hopeless,” “I can’t even look at the guy,” “there’s no reasoning with her, so why even bother”), there may be no coming back.

Why can’t we all get along? A look at some possible causes.

Happy families are all alike; every unhappy family is unhappy in its own way. — Tolstoy Happy councils are all alike; every unhappy council is unhappy in its own way. — Tanoue

Potential Reasons There are any number of reasons why the “marriage” of governing body members can go bad. Here are a few: Underlying divisions. Underlying divisions within the comBygoverning Heatherbody.

M. Burns munity are reflected in the Communities www.nhmunicipal.org

can have fracture lines. There may be friction between the “old timer” part of the community and more newly developed areas that are full of “newcomers.” The interests of “old timers” and “newcomers” may not always be the same, and “newcomers” may not recognize the history and traditions of the community in the same way that “old timers” do. These differences may be reflected in the makeup of the governing body.

Members may have been swept into office as a result of a controversial and divisive issue that divided the community. Perhaps there was a recall election. Unless the slate was wiped clean, the governing body makeup may reflect the divisions that grew from the underlying issue. It may be difficult to get past that issue.

New or younger members may clash with veteran members. A sentiment that “you young ’uns haven’t been around long enough to understand this town” may cause unwarranted rifts. And expressing or acting on such sentiments can contribute to a feeling of “inequality” in the body. Isn’t each member entitled to an equal voice in discussion and decision-making?

That sense of inequality can also be the result of partisanship, and partisanship does not necessarily have to spring from the type of political partisanship that exists at other levels of government. Of course, municipal government is avowedly and proudly nonpartisan in the political sense. But an “in crowd” and an “out crowd” based on other considerations can be a type of partisanship that is just as problematic.

Personalities. Voters are not judging whether the individuals they elect will be compatible with each other, so it is possible that fundamentally incompatible personalities will end up www.nhmunicipal.org

in the body. If you have some “alpha dogs” in the body who are in constant competition, friction might be a predictable result. If others then line up behind their favorite “alpha,” division can ensue.

Sometimes, an elected official’s personality and proclivities seem to be just plain incompatible with holding elected office! Politics, at the governing body level, has to be a team sport: decision-making requires collaboration and consensus. One member’s “agenda” can become the “agenda” of the body only by successful team play.

A “lone wolf ” who lacks the capacity or desire to be a team member is not going to be successful in the body. Add a few more “lone wolves,” and frustration and paralysis are the result.

Governance is also about leadership. If the voters put someone in office who is afraid to take a stand, is perennially “on the fence,” or is strictly a follower, leadership qualities may be lacking. A majority of non-leaders can create a perception of a “rubber stamp” governing body, resulting in extreme frustration for those members who are willing to stick their necks out.

Preconceived personal agenda. There are many good reasons why citizens run for public office. However, the workings of municipal government are not always clear until well after you are seated. So the agenda that a candidate ran on may collide with reality, and turn out not to be a workable agenda after all. Under those circumstances, clinging to the preconceived agenda is only going to sow the seeds of discord.

If you have several members, each bent on pursuing only his or her own particular agenda, a fractured body can result.

One newly elected councilmember said his one campaign promise was to ensure that water and sewer rates were

lowered. But when he took office, he began to understand the economic realities of operating the town’s water and sewer system, and he saw that demanding the lowering of rates was unrealistic and fiscally irresponsible. He said he had some explaining to do to the citizens, but he was not going to cling to his agenda given the realities he now understood. That is a smart elected official.

Potential Impacts The impacts of severe dysfunction and discord are manifold: Lack of productivity. The body’s agenda may hit a standstill. Or getting through it might be slow and painful.

Even if decisions are made, they may not necessarily be the best decisions.

Power transfer to tiebreaker. If you are constantly split down the middle, then you may be transferring all decision-making power to the tiebreaker (often the mayor). Is that desirable?

Financial consequences. If you have developed a public reputation as a dysfunctional body, then your community may be missing out on economic opportunities. Businesses want a predictable environment. Volatility may be driving them away.

Public embarrassment and loss of public confidence. If you are airing your discord on cable, your TV ratings may be up, but public confidence will be down!

Driving away the best and brightest.

People say they were reluctant to run for office because they witnessed the discord and did not want to be a part of it. So you may end up repelling, not attracting, potential leaders who could make great contributions to the community. Or you may lose great members to “burnout.” Likewise, if your community develops a reputation for NOVEMBER/DECEMBER 2018

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HEALING DIVISIONS from page 11 governing body dysfunction, you may not be able to attract and keep the “best and brightest” for key staff positions.

This can become a self-perpetuating and self-defeating cycle: dysfunctional governance repels good people, and the lack of good people contributes to dysfunctional governance.

Steps to Consider So you think you may be part of a dysfunctional governing body?

You may have experienced some jolts of recognition in reviewing the foregoing. If so, condolences and congratulations! The condolences are self-evident, but congratulations are also due, because recognition of a problem is the first step to dealing with it. So now, what do you do? Here are some steps to consider: See if you can gain a consensus that there is a problem. Even if you recognize it, if no one else does, you are not going to get anywhere. If there is a consensus, then you are halfway to solving the problem!

Start by talking about meeting “values.” The values discussion is a critical first step. (Values are the philosophical underpinnings that you want as guides for behavior in your interactions with one another.) If you can agree on these values, then additional steps are possible. If you cannot, you are going to stall out. Such values might include: • Courtesy and civility toward one another, staff, and citizens.

• Nonpartisanship.

• Equality of participation, including equal opportunities to be part of the discussion and decision, and equal opportunities to gain, insofar as possible, 12

the same information at the same time as needed for good decision-making.

• Acknowledgement of the role of the mayor or presiding officer in presiding over meetings. Every meeting needs a presiding officer, and in most communities, that is the mayor. The role of the presiding officer must be honored if you want to have orderly, productive, efficient meetings. If there’s no acknowledgement of this fundamental need, then you won’t get anywhere.

• Engagement: a commitment to be prepared for meetings, to arrive on time, to stay for the whole meeting, to give your undivided attention during the meeting, to participate in decisionmaking, and to be absent no more than necessary.

• Others?

Norms or rules of conduct. If you can form a consensus around values, you are close to the point where you can discuss (and, it is hoped, agree upon) the norms or rules of conduct that you want for the body. The content of your norms or rules will not be discussed here, because they will be specific to your community and the values that serve as the jumpingoff point for them. But it is worthwhile to look at examples from other communities around the state and nation. Stay alert for revisions, because periodic fine-tuning may be happening with the examples you gather. You can see some examples from Castle Pines (bit.ly/2tWKpH9), Mead (bit.ly/2IW51UK), Durango (bit.ly/2NsG3zW, modified in 2017), Littleton (bit.ly/2KBabv5), and Camp Verde, Ariz. (bit.ly/2zkvwnw). There are many other examples on the web.

Why rules or norms? It is because the level of formality to be accorded really depends on your community’s needs and desires. If you have members whose attitude is “Rules? We

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don’t need no stinkin’ rules,” then perhaps a softer approach of agreeing on “norms” of conduct may be a good starting point. On the other hand, you might see reasons to elevate the adoption process by using a resolution or even an ordinance.

Individual Steps In despair? You can still help.

You may feel your governing body will never come together to recognize the problem, much less move on toward seeking solutions. Should you give up?

No! There are still things you can do as an individual. If enough individuals on the body do these things, then perhaps there will be an opening to go further! Suggestions for individuals include: Assume good faith and best intentions on the part of everyone on the body. Some smart person once said that we judge ourselves by our intentions, and others solely by their actions. This perceptual gap can lead to misunderstandings and unfounded assumptions. Let’s give everyone the same benefit of the doubt we give ourselves, by assuming that they, too, are acting on the basis of honorable intentions.

Listen more than you talk. Do your best to see and understand things from the perspective of others. Ask questions before reaching your own conclusions, and repeat back what you think you are hearing from others, so that you know you are on the same page. Listen for points of agreement, and emphasize and build on them.

Try to meet others more than halfway. If everyone goes only so far to try to bridge the gaps, then you may never meet in the middle. Sometimes one person’s generosity in going more than halfway is the catalyst for breaking down misunderstandings. www.nhmunicipal.org

Use the postures, tone, and body language of respect and engagement.

Do this even if you are not “feeling it;” “acting as if ” can be helpful in bringing a hoped-for harmony closer to reality. Make sure your body language and tone of voice aren’t inadvertently communicating something you didn’t intend. Keep your voice down, even if others are starting to yell. Avoid the hair-trigger, knee-jerk, angry response.

Try some things to break down barriers. Maybe switch up positions where you sit on the council dais.

Suggest a pre-meeting dinner; breaking bread together can be a way to get people talking (make sure you have a “no-business” rule in effect). Teambuilding, especially in a retreat setting, can be productive. An outside facilitator or mediator might be helpful in

identifying issues that are hard to see from the “inside.”

If you are an experienced member, mentor the newbies. You have valuable experience from which newer members can benefit. Show them the ropes, teach them your own hardearned lessons, and model the behaviors you want them to emulate.

And if you are a new member, seek out mentors.

Acknowledge and appreciate when you see others making the same effort.

Conclusion: “Until Next Election Do You Part.”

A governing body might be characterized as a kind of arranged marriage … one arranged by the citizens. If the

conditions for civil and productive discourse are lacking from the start, it is no wonder that such a “marriage” can go bad quickly. But divorce is not an option! So start looking at ways to improve your relationships, as individuals and as a body. And take to heart the idea that by “acting as if,” your deepest hope for a strong, highfunctioning team can come closer to becoming a reality.

Tami Tanoue is executive director of CIRSA, a risk management pool formed

by Colorado municipalities. Tanoue is a regular speaker on local government liability topics and has written several publications on liability issues. This article first appeared in the August 2018 issue of Colorado Municipalities magazine and is reprinted with their permission.

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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How We Fund Public Services in New Hampshire

By Phil Sletten

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overnment revenue is critical to funding all public services, such as schools, infrastructure, public safety, and protected lands. Different levels of government in New Hampshire are responsible for delivering separate sets of services, and these levels raise funds in varying manners. Funding also moves between different levels of government, with the federal government supplying a substantial amount of money to the State government, and the State contributing funding to local governments through grants. These fiscal relationships make revenue and expenditure decisions at each level interact in inextricable ways, and decisions in both Concord and Washington, D.C., can have direct and cascading impacts on local budgets in New Hampshire.

New Hampshire collects revenue in a unique variety of ways. Notably, not all services are funded through taxes. At the State level, myriad tax revenue sources only accounted for about 38 percent of all revenue to fund services in State fiscal year (SFY) 2017. The rest came from revenue generat-

ed by charges for services and grants, including grants from the federal government to run certain programs. Federal grants, most notably for Medicaid, provide a third of funding for State programs, only 5 percent less than State tax revenue. However, while the State government uses a diverse array of taxes on different economic activities, local governments rely on one major tax source: the local property tax.

The State Revenue System: An Overview of Major Sources The State’s primary revenue sources, discussed below, each provide insight into one component of how the State collects revenue. With a relatively large number of mid-sized sources, New Hampshire’s State revenue system is complex, and interactions with local and federal budget funds contribute to an intricate picture.

Driving Revenue Growth: The Two Business Taxes New Hampshire levies two primary taxes on businesses, which are among the largest sources of revenue for the State government. The Business Profits Tax (BPT) is the single largest tax revenue source the State had in SFY 2017 at $385.8 million, and the Business Enterprise Tax (BET) was the fourth largest at $252.0 million. These two taxes are filed together and counted together. These two taxes also interact; the BET can be used as a credit against the BPT, for example. The BPT and BET both play very important roles in the State’s revenue system. Their combined contributions to the State’s General Fund and the Education Trust Fund comprise a little more than a quarter of the revenue collected in those two funds.

While they are filed and analyzed together, the BPT and BET are rather different taxes. The BPT is closer to a traditional state corporate income tax, collecting from business profits attributable to economic activity within the state.

The BET is relatively unique among state taxes. It is a tax

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PUBLIC SERVICES from page 15 on compensation, interest, and dividends paid or accrued, which provides a much broader tax base than the BPT. A company that does not earn a profit might still pay BET on compensation dispensed, for example. Both taxes are in the midst of a long series of planned rate reductions that began in 2015 and are scheduled to continue until 2021.

These two businesses taxes have driven much of the State’s recent revenue growth, coming in considerably higher than projections in the State Budget following economic growth in 2015 and 2016 and again in early 2018 following the federal tax overhaul.

However, as the more recent business tax receipts increase was likely due to changes in business behavior following federal tax changes and not due to proportionate growth in the economy, these sharply higher revenues may not be sustained.

Restaurant Meals and Home Sales Although the two primary business taxes have driven the lion’s share of the most recent State surpluses, two other large taxes helped drive State revenues higher after the economy picked up speed following slow growth in the aftermath of the 2007-2009 Recession.

The Meals and Rentals Tax has been a reliable source of State revenue growth since approximately 2013 and was the State’s third largest tax revenue source in SFY 2017, collecting $314.8 million that was transferred to the State’s General and Education Trust Funds.

This tax levies 9 percent on food or beverage purchases from restaurants and certain “to go” and prepared meals as well as on hotel room and automobile rentals. Of Meals and Rentals Tax receipts, law directs 3.15 percent to the State’s travel and tourism development agency, 40 percent to municipalities based on population, and an addition16

al portion is set aside for certain school building bonds and for the costs of administering the tax. Businesses collecting the taxes may keep 3 percent of those taxes collected as compensation for proper handling. Notably, the 3.15 percent contribution to tourism development has been suspended. Also, the portion distributed to municipalities based on population has been held at a set amount of dollars in current law, and for SFY 2017 was budgeted to be about 21 percent of revenue collected through the Meals and Rentals Tax. The Real Estate Transfer Tax has also driven revenue growth since the Recession but has struggled recently.

The State’s eighth largest tax revenue source, with $141.7 million in SFY 2017, saw revenues grow by more than ten percent from the prior year in 2013, 2015, and 2016, with revenue growth still relatively strong in other recent years. Constrained supply in the housing market has limited its growth and may continue to hamper its potential going forward. The Real Estate Transfer Tax is a tax levied on both the buyer and the seller in any sale of, or sale of interest in, real estate, with certain exemptions.

Taxing Property Statewide and Keeping It Local The Statewide Education Property Tax (SWEPT) is peculiar among the State’s revenue sources for several reasons. Created in 1999 to bolster the new Education Trust Fund, this tax is set to raise revenue based on a calculated statewide property value, with certain exemptions, but collects revenue through property taxes administered locally. While it formerly used set property tax rates, the SWEPT was altered in 2005 to have rates adjusted each year to collect a targeted amount of revenue. This amount of revenue is pegged at $363 million in State law and is not adjusted for inflation, which means that as the value of

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a dollar declines, this revenue source will provide less real spending power to fund education.

Although this is a State tax and the $363 million collected by it are credited to the Education Trust Fund in published State financial documents, the dollars do not actually flow to the State. The SWEPT raises revenue to support the State adequate education grants; in SFY 2017, it raised about 39 percent of all funding necessary to support these grants statewide. Most municipalities do not raise enough to fulfill the amount required for adequacy grants, so money from other State tax revenue sources fills the gap.

However, some towns apply the statewide tax rate and raise more than enough money to cover their entire adequacy grants. These communities tend to have some combination of high property values and low student populations. The State formerly required that revenue collected through the SWEPT in excess of the amount needed to cover the adequate education grants be provided to the State.

A law change in 2011 removed the requirement, and all SWEPT revenue now stays at the local level.

Sources in Decline The Tobacco Tax and the Communications Services Tax exemplify some of the risks of relying on relatively small revenue sources dependent on certain types of economic activity. The Tobacco Tax, which was New Hampshire’s sixth largest tax revenue source in SFY 2017 at $218.6 million, collects almost all the generated revenue from cigarette sales. With cigarette sales in long-term decline, this revenue source should not be expected to grow robustly.

The Communications Services Tax, sometimes referred to as the “telephone tax,” is a declining revenue source. In www.nhmunicipal.org

2012, the Legislature changed this 7 percent tax to explicitly exclude Internet services. Since that time, revenue has fallen dramatically, dropping from about $77 million in the year before the law changed to $47 million in SFY 2017. The declining use of landline phones and shifting of communications to Internet-based services suggests this revenue source will continue to decline.

Although these are the two largest revenue sources currently facing long-term declines, they are indicative of the risks some other revenues sources might face. These revenue losses, should they continue as expected, may need to be counterbalanced by intentional increases in other revenue sources over time to pay for essential services.

Other Tax Revenue Sources The Medicaid Enhancement Tax, the state’s fifth largest tax at approximately $227 million in SFY 2017, is a tax on charges inpatient and outpatient hospitals make for services minus certain expenses. These dollars are used to collect matching dollars through the federal Medicaid program, and the

proceeds pay for uncompensated care reimbursements to hospitals and other parts of the Medicaid program.

The Motor Fuels Tax, which was the State’s seventh largest tax in SFY 2017, is 22.2 cents per gallon of gasoline or diesel fuel and is not adjusted for inflation. The Utility Property Tax also charges certain electricity, fuel, water, and sewer utilities at a statewide rate of $6.60 per $1,000 in property. The State also levies the Insurance Premium Tax on premiums charged by insurers and the Interest and Dividends Tax on income collected by individuals from certain earnings on existing assets, such as stocks and bank accounts.

Enterprising Beyond Taxes The State’s revenue system also draws on enterprise funds, which are revenues generated from business-like activities that are government operations. Sales at Liquor Commission stores, lottery tickets, Keno and other regulated gaming, and tolling on the Turnpike System are all examples of revenues funding State operations that are not collected through taxes. Both

the Liquor Commission, which runs the New Hampshire liquor stores, and the Lottery Commission, the body administering the State lottery and certain gaming activities in the State, must provide their profits after operating costs to the State. The Liquor Commission’s profits mostly go to support the General Fund, while Lottery Commission profits (including from Keno gaming) primarily support education grants. The Turnpike System is a similar type of State enterprise, but it only uses proceeds to operate, construct, and maintain the three State turnpikes.

The Local Revenue System: One Major Tax and Limited State Revenue Unlike the State’s revenue system, local governments have a limited set of tax revenue options. Local governments, including municipalities, school districts, and county governments, raised about 99 percent of their tax revenue from property taxes in fiscal year 2015.

Accounting for all local revenue, including grants from the State and federal governments, school lunches, and other revenue sources, property tax revenue accounted for approximately 60 percent of the revenue. The total statewide local property tax levy in tax year 2017 was about $3.3 billion.

Of all State and local tax dollars collected in New Hampshire, about two out of every three are collected through property taxes, and 90 percent of those are local property taxes.

About 60 percent of all State and local taxes collected in New Hampshire are collected at the local level, rather than by the State.

With property taxes being the paramount tax revenue source, local governments often rely on non-tax sources, such as fees, and grants from the State government. State statute limits tax and fee options for local gov-

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ernments, and the State also controls the amount of grant revenue going to municipalities from the State. The amount of grant revenue shared has changed over time, particularly during and following the Recession, when several key revenue sharing programs were either altered or suspended.

The amount of Meals and Rentals Tax revenue shared with municipalities is governed by a formula designed to bring the percentage distributed to cities and towns to the 40 percent identified in statute, but the planned increases in that formula have been halted, with increases provided in an ad hoc fashion since the Recession.

Another revenue sharing program provided approximately $25 million each year in SFYs 2007, 2008, and 2009, but was eliminated from the SFYs 2010-2011 State Budget and has not been reinstated. The contributions to retirement payments for police and fire departments and school teachers were over $50 million per year just before the Recession but were eliminated after SFY 2012. Funding for highway and bridge grants has fluc-

tuated in aggregate during this time, while environmental grants for water and pollution projects dropped from about $17 million a year in SFYs 2007 and 2008 to about $8 million in the SFY 2018 budget.

There have been grants through other programs outside of the State Budget.

The Legislature has taken advantage of year-end and budget surpluses to shift some funding to local communities. The unrestricted revenue surplus at the end of SFY 2016 stood at approximately $150.5 million, while the SFY 2017 revenue surplus was $96.4 million and SFY 2018’s is estimated to be $129.3 million. The Legislature has appropriated most of these additional revenues, including last year’s decisions to appropriate $36.8 million to local highway and bridge projects, $2.25 million more to local school building aid, and the $18.7 million remaining in the SFY 2017 surplus after other appropriations to the Public School Infrastructure Fund. However, the State has not decided to resume the suspended or halted revenue sharing programs.

Surplus revenues may be temporary, especially in the case of recent business tax revenues, which would make funding ongoing programs with these revenues risky. However, the aid provided to municipalities has been temporary as well, increasing the difficulty local governments have in planning future expenditures and projects.

The State government also faces ongoing questions about the revenue it might receive from the federal government. Proposals considered last year to dramatically alter Medicaid, for example, would likely have reduced funding the State receives relative to existing law by approximately $1 billion between 2020 and 2026. Increasing deficits and added debt following federal decisions regarding revenues and expenditures since late last year may lead to difficult fiscal decisions in the future, which might affect federal revenues to the State. Federal decisions regarding grants to New Hampshire may impact the willingness of State policymakers to commit to more revenue sharing with local governments.

Aid to local governments has the potential to ease upward pressure on property taxes, and increasing some consistent form of revenue sharing with local governments may help alleviate some of the challenges they face.

State and federal policy decisions are linked to the capacities of local governments to deliver quality services to their residents, and policymakers at all levels should be aware of these interactions and the different abilities at each level to fund public services.

Phil Sletten is a policy analyst with the New Hampshire Fiscal Policy Institute. Phil can be reached by phone at 603.856.8337 or by email at psletten@ nhfpi.org. For more information, see the New Hampshire Fiscal Policy Institute’s Revenue in Review resource at www. nhfpi.org.

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A Few Legislative Changes for Town Meeting Season

By Cordell A. Johnston

T

he legislature this year passed some new laws that may affect town meeting procedures and budgets.

The changes are relatively minor and technical, and some of them will not affect every town, but local officials should take a look at them and be sure to comply with any that are applicable.

few years and, thankfully, has never gone anywhere. The proponents of that idea don’t seem to appreciate how illogical it is—it is analogous to prohibiting the state legislature from amending a bill once it has been filed. Fortunately, for at least another year, town meetings are safe from that kind of restriction.

Corrections to petitioned warrant articles. One change that does affect all towns (or all towns with a town meeting), at least in theory, addresses the selectmen’s authority to make technical changes to petitioned warrant articles.

But the lesson here is clear: selectmen may not do anything to change the intent of a petitioned article, regardless of how bad an idea it is or how little sense it makes. That is a job for the town meeting.

RSA 39:3 already provided that when the selectmen receive a properly submitted petitioned warrant article, they must insert the article in the warrant for the annual meeting “with only such minor textual changes as may be required.” Chapter 325 of the 2018 New Hampshire Laws (SB 506) amends that section by adding the statement, “Such corrections shall not in any way change the intended effect of the article as presented in the original language of the petition.”

Budget committee tallies on warrant article. Chapter 246 (HB 1392) amended a law that keeps getting more complicated, RSA 32:5, V-a. As first enacted in 2007, that section allowed a town to vote to require that all votes by a budget committee or governing body relative to “budget items or warrant articles” be recorded votes, and that the numerical tally of any vote be printed in the warrant next to the affected article. In 2009 it was amended to say “budget items or any warrant articles,” and to provide that the governing body (but not the budget committee) may print the tallies in the warrant on its own initiative if the town has not voted to require it. In 2012 it was amended again to say the governing body could print the tallies on its own initiative “unless the legislative body has voted otherwise.” In other words, the legislative body may vote to require the printing of the tallies or to prohibit the printing of the tallies; if it has done neither, the governing body may (or may not) print the tallies on its own initiative.

This is not a significant change. Most people already understood the law to mean that the selectmen could make only technical, non-substantive changes: e.g., correcting spelling or grammar, or revising the language to make it clearer, without changing the intent. The new law merely emphasizes that point: selectmen may not make substantive changes to a petitioned article.

The legislature did not take the additional step that some supporters of the bill wanted: to prohibit (only in SB 2 towns, for some reason) amendment of petitioned articles by the town meeting. This is a proposal that gets floated every www.nhmunicipal.org

This year’s amendment states that not only may the governing body choose to print the vote tallies in the warrant, NOVEMBER/DECEMBER 2018

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LEGISLATIVE CHANGES from page 19 a budget committee adopted under RSA 32:14 may also choose to “require that the tallies of its votes be printed next to the affected article.”

Note that because the governing body, not the budget committee, controls the warrant, the amendment does not authorize the budget committee to print the vote tallies, but authorizes the committee to require that the tallies be printed—i.e., the budget committee may tell the selectmen to print the budget committee’s tallies, and the selectmen must comply. The budget committee may not require that the selectmen’s tallies be printed—only its own tallies. Note also that this authority is given only to a budget committee adopted under RSA 32:14, not to an advisory budget committee.

Definition of default budget. Readers who do not live or work in an SB 2 town can skip the remainder of this article. For those who are in an SB 2 town, you definitely need to pay attention.

As everyone familiar with the SB 2 form of town meeting knows, the law defines the “default budget” as “the amount of the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, and reduced by one-time expenditures contained in the operating budget.” An amendment to that law now makes clear which “contracts” can be used to adjust the default budget number.

Under that amendment (Chapter 241, HB 1307), “contracts” are limited to “contracts previously approved, in the amount so approved, by the legislative body in either the operating budget authorized for the previous year or in a 20

separate warrant article for a previous year.” This language is a little imprecise, because the legislative body does not approve contracts—the governing body approves contracts, and the legislative body approves (or disapproves) the funding for the contracts. Further, the legislative body would not have approved an amount for next year in “the operating budget authorized for the previous year.”

However, the intent of this change is clear: an amount included in a contract cannot be used to adjust the default budget unless that amount was previously approved by the legislative body. For example, if the town meeting last year or two years ago approved the cost items in a collective bargaining agreement that was appropriately “Sanbornized,”and if that agreement includes increases that will apply in the coming year, those increases should be applied as an adjustment to last year’s operating budget to determine the default budget for town meeting. This is because those increases were “previously approved . . . by the legislative body.”

On the other hand, if the town’s budget for trash-hauling services was $400,000 this year, and the selectmen entered into a contract mid-year to pay $450,000 for the same services next year, they cannot include the extra $50,000 in the default budget.

They may certainly include the full $450,000 in the proposed operating budget for next year, but the default budget number must be the same as this year’s budget number—$400,000.

Some officials may not like this, but it really is just a clarification of the existing law, not a change. The definition of “default budget” has always referred to adjustments for “debt service, contracts, and other obligations previously incurred or mandated by law.” A sensible reading of that phrase

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limits contract amounts to those that were previously approved by the town meeting. Otherwise, the selectmen could circumvent the law by entering into all kinds of contracts in late December and including the increased amounts in the default budget.

Discussion of operating and default budgets at deliberative session. The same new law, Chapter 241, amends RSA 40:13, IV, to say that the first session of the annual meeting in an SB 2 town “shall consist of explanation, discussion, and debate of each warrant article, including warrant articles pertaining to the operating budget and the default budget.” This amendment seems wholly unnecessary—the statute already required “explanation, discussion, and debate of each warrant article.” By definition, that would include the budget article; but just in case anyone did not understand it, this change emphasizes the point.

Default budget must be reduced for eliminated positions. A more significant change to the default budget provisions is in Chapter 313 (SB 342), which states that, in addition to the other adjustments required by the statute, the default budget must now be reduced “by salaries and benefits of positions that have been eliminated in the proposed budget.” This unfortunate change conflates the proposed operating budget and the default budget, which have always been entirely separate. And, curiously, while it requires that the default budget be reduced for positions that are proposed to be eliminated, it does not require that the default budget be increased for positions that are proposed to be added.

Nevertheless, this is now the law. Note that the required reductions are only for positions that are eliminated in the proposed budget. The new law states that “eliminated positions” do not include “vacant positions under recruitwww.nhmunicipal.org

ment or positions redefined in the proposed operating budget.” Those positions should still be included in the default budget.

The new law also states, “In calculating the default budget amount, the governing body shall follow the statutory formula which may result in a higher or lower amount than the proposed operating budget.” This statement adds nothing new—the statute already required the governing body to “follow the statutory formula,” which obviously could result in a higher or lower amount than the proposed operating budget.

Adjustments to default budget must be presented in detail. Chapter 313 also requires that the default budget be “presented for questions and discussion at the first budget hearing.” This is not a major change—the existing law required that it be “disclosed” at the budget hearing, where presumably

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questions and discussion could be entertained. It now must be “presented,” which suggests something more than just having it available for review; and in case there was any doubt, questions and discussion must be permitted.

A more significant addition to the law is that the default budget form must now identify the “specific items that constitute a change [from the prior year’s operating budget] by account code, and the reasons for each change.”

Some SB 2 towns already do this, but now all of them must.

Of course, the only changes from the prior year’s operating budget would be adjustments for “debt service, contracts, and other obligations previously incurred or mandated by law,” reductions for “one-time expenditures,” and, now, reductions for “positions that have been eliminated.” Thus, for example, if the prior year’s operating budget included an amount in the

police budget to buy land for future expansion of the police station, the reduction for that one-time expenditure must be identified as a reduction in the police budget, with an explanation that the land has been purchased.

Similarly, if a position in the highway department has been eliminated, that amount must be shown as a reduction in the highway department budget, with an explanation that the position has been eliminated for next year.

If you have questions about these or other new laws, please contact NHMA’s Government Affairs or Legal Services staff.

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.

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15 Ideas for a Better Town Meeting

By Stephen C. Buckley

T

he author of this article has attended more than 60 town meetings as town counsel from 1984 to 2018.

Many of those meetings were traditional town meetings, but, starting in 1996, most of those meetings were Senate Bill 2 (SB2) deliberative sessions. In addition, the author has lived in Bow since 1991 and has attended both the school district and town meeting each year since then.

New Hampshire State Representative and Hollis Town Moderator Jim Belanger, Bow Town Moderator Peter Imse, Bow School District Moderator Jim Hatem, and Town of Richmond Select Board Chair Sandra Gillis have also generously contributed their experiences and suggestions to the content of this article.

1. What day of the week to hold the deliberative session? For those towns that have adopted RSA 39:2-a, and therefore employ the official ballot to elect officers and vote on other specified matters to be addressed by official ballot, the select board must choose another day for the second or deliberative session of the town meeting. In those towns using the SB2 method, the select board must also designate a date for the deliberative session. Holding a deliberative session on a week day after people have come home from work may cause meetings to be more contentious and less productive.

Too many times when the evening deliberative session runs late a second recessed meeting must be scheduled and held. Also, many people may not arrive in time to be checked-in as voters, delaying the start of the meeting and further exacerbating the “time crunch,� which is compounded by people feeling less-than-relaxed and distracted because they must get up for work the next

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morning. Saturday deliberative sessions are often more relaxed and less likely to be recessed for another day, except where inclement weather ensued.

2. Pre-review of warrant by DRA and counsel. When the warrant has been prepared by the select board, but before posting, obtain review of each warrant article by town counsel and by the Department of Revenue Administration. The DRA auditor assigned to the town will review and send email comments and suggestions for correction to any proposed warrant articles. The Municipal Tax Rate Setting Portal (MTRSP) used by DRA has a feature that will allows municipalities to use the system to draft warrant articles.

3. Meeting to prepare for town meeting. Prior to town meeting, set up a time for the moderator to meet with the select board. Discuss each warrant article and write down how much time the select board expects to take on each warrant article. Write down who will make the motion to bring that article to the floor, who will second that motion, and who will explain it. Prepare a detailed script using this information and provide copies to town counsel and the town clerk so that keeping minutes is much easier.

4. Include the Budget Committee (if there is one) in the pre-meeting planning process. Find out who will bring the budget article to the floor, who will second it, and how much time is needed to present the budget. If possible, have the person presenting the budget from the budget committee make a short (under five minutes) presentation on the work undertaken by the budget NOVEMBER/DECEMBER 2018

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15 IDEAS from page 23 committee to review and present the budget. If the budget committee members are divided on the budget, offer a majority statement and a minority statement to explain the differing opinions.

5. Consult with authors of petitioned warrant articles. Have the moderator contact anyone who submitted a petitioned warrant article and determine who will present the petitioned articles.

Discuss also if presenters want to employ any overheads or PowerPoint presentations and how much time they will need to present their article.

6. Meeting space organization. Organization of the meeting space matters! Ideally, assign the moderator a separate podium with a microphone. Public officials will sit at the front of the meeting room with the select board and other town officials on one side, and the budget committee on the other side. Microphones should be available on the tables where the public officials, select board, and budget committee are sitting so that these individuals can speak and be heard easily. Depending on the size of the room and number of people likely to attend, there must be at least one standing microphone positioned in the center aisle towards the front of the meeting space, along with more standing microphones towards the rear of the meeting space as necessary.

7. Appoint persons to assist the moderator. Appoint one or more persons to assist the moderator with counting votes, monitoring presence of registered voters, and answering questions and assisting 24

voters. Have all assistants wear brightly color vests, and have the moderator introduce the assistants at the start of the meeting.

8. Publish and distribute rules of meeting procedure. A guide for meeting procedures should be prepared and distributed to voters either in the town report or as a handout at the town meeting.

Such rules should cover how to be recognized, making motions, rules of debate and decorum, the manner of presenting each warrant article, limitations on the duration of presentations, etc.

9. Identify voters and use of voting cards. At voter check-in, provide a way to identify all voters, such as using a wrist band to each voter.

This will allow the moderator and assistants to ensure only registered voters are participating in the meeting. At the same time, issue to the voter a brightly-colored card that can be used when hand voting is undertaken. Also issue a set of multi-colored “yes/no” slips of paper for ballot votes, and as each ballot vote is announced, the voters can be told which color ballot should be used for each question.

10. Use of overhead projection and PowerPoint. Preload the entire warrant as a PowerPoint presentation. Have a knowledgeable person operate a laptop to show each PowerPoint slide, and make sure that person can make changes/amendments to each presented warrant article as necessary. Make sure the video display can be seen and read by the entire audience by staging a “dry-run” viewing of the PowerPoint presentation in the town meeting space prior to the official town meeting

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11. Introduction of public officials.

Have the moderator introduce all the people at the head tables: select board members, budget committee members, town clerk, town counsel, and any department heads present. Also introduce and welcome any State Senators or Representatives in the audience.

12. Introduce and have the meeting understand the rules of procedure. At the commencement of the meeting, have the moderator review the rules of procedure using a brief PowerPoint presentation. Some moderators have the town meeting adopt the rules of procedure at the commencement of the meeting to reinforce that the town meeting assembled has agreed to be bound by and follow the rules of procedure.

13. Remind the voters at the start of the meeting of the ability to restrict reconsideration. RSA 40:10 is a powerful tool the meeting can use to prevent late night motions to reconsider. Ordinarily, the town meeting can vote to reconsider any article previously passed while the meeting is still in progress. RSA 40:10 permits the meeting to restrict reconsideration of any prior vote and require that any motion to reconsider an article that has been restricted shall result in the actual reconsideration taking place at an adjourned session of the meeting held seven (7) days later.

14. Allowing non-residents to speak.

Some towns permit officials who are non-residents to speak, such as the town attorney, without formal vote of the meeting. Others require a vote of the meeting to allow non-residents to speak. If a vote of the meeting is required to permit certain non-residents to www.nhmunicipal.org

speak, that should be handled at the start of the meeting.

15. How to handle limiting debate.

Motions to call the question or move the question require a consistent approach that balances the right to debate against prolonging the meeting. Some moderators permit all persons already standing and waiting in line to speak; others cut off debate regardless of the number of people standing and waiting to speak, provided the motion to cut off debate is adopted. Whatever approach your moderator chooses, be consistent.

Stephen C. Buckley is Legal Services Counsel for the New Hampshire Municipal Association. He may be contacted at 800.852.3358 ext. 3408 or at legalinquiries@nhmunicipal.org.

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E‐mail: info@DTCLawyers.com

www.nhmunicipal.org

Toll Free: (800) 566‐0506

NOVEMBER/DECEMBER 2018

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NEW HAMPSHIRE MUNICIPAL ASSOCIAT 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

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

• 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 • 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, much more!

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

This year we have filled the huge exhibit hall with over 100 exhibitors, including many first-time exhibitors. So please take the time to visit in the Exhibit Hall on Wednesday and Thursday to find state-of-the-art products and cost-saving services.

CONFERENCE SCHEDULE Wednesday, November 14, 2018

Thursday, November 15, 2018

7:30 a.m.

Registration Opens Outside of Exhibit Hall

7:30 a.m.

Registration Opens Outside of Exhibit Hall

8–9 a.m.

Opening Breakfast Buffet Armory

8–9 a.m.

Opening Breakfast Exhibit Hall

9–10 a.m.

Keynote Speaker Salon A

9–10:15 a.m.

Concurrent Sessions

10 a.m.

Exhibit Hall Opens

10–10:45 a.m. Morning Break

Exhibit Hall 10:45–12 p.m. Concurrent Sessions 12–1:15 p.m.

Exhibit Hall Luncheon

1:30–2:45 p.m. Concurrent Sessions 2:45–3:15 p.m. Afternoon Break

Exhibit Hall 3:15–4:30 p.m. Concurrent Sessions

10:15–10:45 a.m. Morning Break

Exhibit Hall 10:45–12 p.m. Concurrent Sessions 12:1:15 p.m.

Municipal Advocate of the Year Award Luncheon Armory

1:30–2:45 p.m. Concurrent Sessions 2:45–3:15 p.m. Afternoon Break

Exhibit Hall 3:15–4:30 p.m. Concurrent Sessions

4:30–5:30 p.m. Exhibit Hall Reception

Exhibit Hall

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www.nhmunicipal.org

OCIATION’S 77TH ANNUAL CONFERENCE 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.

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 than most local government officials do.

Come hear Rebecca at 9:00 am 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.

Thank You 2018 Sponsors — Diamond Level —

— Platinum Level —

— Gold Level —

All conference attendees are invited to this General Session program at 9:00 a.m. sharp on Wednesday, November 14, when she will deliver her opening 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 pm to 6:30 pm. 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 and enjoy some music, hors d’ oeuvres, and beverages in a relaxing atmosphere.

— Bronze Level —

Download Conference App Today!

The Conference app includes 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. Search for “NHMA Conference” in the ITunes App Store or Android Market and tap to download.

— Mobile App Sponsor — Peter J. Riemer, LLC — Exhibitor Reception Supporter —

For More Information and Session Schedules — Support Donation —

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

www.nhmunicipal.org

Hilton Double Tree Downtown Manchester Hotel

NOVEMBER/DECEMBER 2018

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Preparing for 5-G Wireless Facility Applications in the Public Right of Way By: Katherine B. Miller, Esq., and Austin M. Mikolaities, Esq.

Broadband and New Hampshire Communities

I

t is old news to New Hampshire municipalities that internet access is critically important for economic development, education, entertainment and emergency management. Some communities are well served by “fixed” internet services, such as from a cable television company, or through a telephone company or an independent provider.

Others are still struggling to get adequate fixed high speed internet services or “broadband,” defined for this article at the speed identified by the Federal Communications Commission for “fixed” broadband: 25 megabits per second, download, and 3 megabits per second upload. There is much debate as to whether those speeds are fast enough to qualify as “broadband,” but a discussion of those points is beyond the scope of this article.

Communities usually have wireless internet service, often in the form of cell phone service, or WiFi. All communities are likely seeing increased demand for broadband services, particularly wireless services, for residents and visitors who are not tethered to a fixed internet connection. This can mean ongoing applications for wireless towers, such as lattice towers or monopoles. With increasing demand for wireless broadband capacity, including the roll out of “Fifth Generation,” or “5-G” services, providers of personal wireless communication services are turning to alternatives, including what are called “small cell” installations, which have a range of several hundred feet, rather than several miles for “traditional “ cell towers. They can provide either inbuilding or area service and are particularly useful in heavily populated areas or in areas not effectively served by traditional cell towers. www.nhmunicipal.org

The goal for all our communities is to have robust, ubiquitous broadband, and the more tools in the toolbox, the better, but applications for small wireless cells can present permitting and zoning challenges. Due to the special protections afforded telecommunications services under federal and state law, applications for small cell facilities need to be handled correctly, or the municipality could end upon the wrong end of a lawsuit! The best defense is to develop and implement a municipal ordinance or detailed protocol to address such applications. A comprehensive telecommunications zoning ordinance is a good place to start, but, for a variety of reasons, it is not sufficient. First, some applications are exempt from zoning under NH law, such as applications to add an antenna to an existing tower, or to place a new antenna on a building or water tower. Second, applicants for small cell permits (whether they are providers of wireless services, such as Verizon, AT&T, Sprint or T-Mobile, or infrastructure builders such as Crown Castle, Mobilitie or Exeter) often seek to gain access to the public rights of way, as an efficient way to reach customers. Such applications are not covered by most municipalities’ permitting processes for poles and conduits in the public rights of way (“PROW”), creating a problem. Denying those applications out of hand, or shunting them to a different, more burdensome process than the one used for licensing telephone and electrical poles and conduits, could land a municipality in trouble.

Municipal Authority on Management of the Public Rights-of-Way New Hampshire is not a “home rule” state. Municipalities in New Hampshire may only exercise powers the Legislature has expressly conferred on them. Fortunately for muNOVEMBER/DECEMBER 2018

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5-G WIRELESS from page 29 nicipalities, the legislature has granted broad authority for cities and towns to license and regulate their PROW. Boards of Selectmen are authorized to regulate the use of the PROW1, and City and Town Councils have the same powers.2 The authority for the Board or Council to regulate and license utility poles and conduits in the PROW is contained in RSA 231:159-189. This statute confers the authority to license or permit utility poles and structures, underground pipes, conduit and cables, “with the respective attachments and appurtenances” in the PROW for telegraph, television, electric power, water, and gas companies.3 Last amended in April of 1981, RSA 231:160-161, does not address the evolving issue of wireless facilities, but this does not preclude municipalities from regulating and requiring licenses for wireless facilities in the PROW, given municipalities’ general power to regulate the use of the PROW, noted above. Additionally, Cities and Town Councils have authority to enact Codes or By Laws. Boards of Selectmen have the authority to enact what are referred to as “selectmen’s ordi-

Deadline for action on an application for collocation of small wireless facilities (on existing structures) Deadline for application on an application for collocation of other wireless facilities (on existing structures) Deadline for action on an application for construction of new small wireless facility Deadline for action on an application for construction of other wireless facilities 30

nances.”4 Assuming your Town meets the requirements under the statute, a selectmen’s ordinance, or even a detailed protocol adopted by the Board, outlining the process for handling applications for use of the PROW by ALL users, traditional utilities and wireless newcomers alike, may be the best path to take for the safe, efficient management of wireless facilities in your PROW.

Federal and State Laws on Personal Wireless Telecommunications Facilities Both Congress (with the 1996 Telecommunications Act, (“TCA”) and amendments thereto) and the NH Legislature (with RSA Chapter 12-K, significantly amended in 2013) have passed laws to promote and streamline the deployment of wireless communications. The Federal Communications Commission (“FCC”) has also issued regulations to speed deployment of small cell wireless facilities, including, on September 5, 2018, a Declaratory Ruling and Third Report and Order, in the FCC’s WT Docket No. 17-79 and WC Docket 17-84, to be considered at its next meeting. As this article goes to print, it is expected the FCC will adopt this Declaratory Ruling, Third Report and Order.

60 days.

90 days.

90 days 150 days

NEW HAMPSHIRE TOWN AND CITY

Two Places in the TCA Create Special Protections: 1. 47 U.S.C. Sec. 332 (c)(7)(B) creates certain requirements for municipalities and land use boards reviewing applications for personal wireless communications facilities: not to discriminate among the providers of functionally equivalent services, to make decisions within specific time frames, to base denials on substantial evidence in a written record, to issue denials in writing and, if a denial would effectively prohibit the provider from providing services in an area with a significant gap in service, the TCA can require approval of the application.

2. 47 U.S.C. Section 253 prohibits states and municipalities form having any laws or regulations that have the effect of prohibiting any entity from providing telecommunications services, unless the laws or regulations are competitively neutral and necessary to, among other things, protect public safety and welfare.

3. New timelines under FCC’s 9/5/18 proposed rules: 47 C.F.R. Section 1.6001-1.6003: In addition, NH law, RSA 12-K, exempts from zoning and planning laws wireless facilities and antennae that can be attached to existing structures and poles without a “substantial modification,” and allows only safety code review by the municipality’s code enforcement officer on a very short timeline: only 45 days to approve or deny an application, or the application is deemed granted. RSA 12-K:10.

The first section of the TCA preserves local zoning, with some exceptions noted above. The second section allows fair and balanced local regulation of the PROW when permitting wireless www.nhmunicipal.org

facilities, including small cells. Additionally, the FCC’s proposed rules, 47 C.F.R. Section 1.6001-1.6003, give the force of federal regulation (and recourse to a federal court in the event of a violation) to shorter timelines for small cell deployments, defined in ways that are very similar to RSA 12-K’s short timelines. Given the pressures seen in other parts of the country, it makes sense to adopt “competitively neutral and necessary” procedures now, in the form of an ordinance or protocol, before applications for small cell deployments in the PROW become more common in NH, or attempts are made in the NH Legislature to strip municipalities of their ability to manage the public rights of way when it comes to small cell applications.

Municipalities may be tempted to bar wireless facilities from the public rights of way, but that approach runs counter to the protections under 47 U.S.C. Section 253, and could result in a lawsuit. Such facilities arguably cannot be categorically barred from the public rights of way, if the municipality allows wired telephone companies, such as Consolidated Communications or First Light, to install poles or conduit, with wires, fibers, etc., there. Also, because of both the technical and legal differences between the facilities covered by Section 253 and those covered

by RSA 231, it is not wise just to graft wireless facilities onto an existing protocol for handling pole and conduit license applications under RSA 231.

To avoid problems with small cell applications and applications for antennae, a comprehensive right of way ordinance or a well-developed protocol makes sense. The FCC’s Broadband Deployment Advisory Committee Model Code for Municipalities Working Group has provided several drafts of a Model Code (“Model Code”) to handle wireless applications for access www.nhmunicipal.org

to the PROW. This document, although still in draft, is a good place to start.

Elements of a Telecommunications Right-of-Way Ordinance A municipality must first determine whether it wishes to develop a comprehensive right of way ordinance that covers all users: cable television (already subject to a franchise agreement) electrical, water and gas utilities, wired “traditional” telephones companies such as Consolidated Communications and Granite State Telephone, as well as competitive telephone companies, and wireless communication service providers. If it does not, it will need to compare carefully its existing protocols and codes for permitting use of the PROW by other telephone companies, to ensure they are not more or less burdensome. Requirements need to be competitively neutral and necessary. 47 U.S.C. 253.

sions will be made, to meet both RSA 12-K:10 and proposed rules 47 C.F.R. Section 1.6001-1.6003.

Conclusion Armed with such an approach, municipalities should be able to facilitate deployment of wireless facilities in their communities, which maintain proper control over the uses of the PROW, for the safety and enjoyment of all.

Katherine B. Miller, Esq., and Austin M. Mikolaities, Esq., DTC Lawyers, PLLC, with offices in Exeter, Portsmouth, Concord and Meredith. You may reach either Attorney Miller and Attorney Mikolaities through DTC’s toll-free number at 1.800.566.0506.

1. RSA 47:17 VII 2. RSA 44:2 and 47:5, RSA 49-D:2 and RSA 49-D:3.

3. RSA 231:160-161 4. RSA 41:14-a – 41:14-c.

Guided by the Model Code, a robust municipal code or protocol for managing the PROW should include: • Clear definitions, matching the definitions of RSA 12-K and proposed rules 47 C.F.R. Section 1.6001-1.6003, to the extent possible. (Where the state law is more restrictive on the municipality, we recommend following state law).

• Distinctions between the kind of applications that can be administratively approved, by a code enforcement officer, such as those covered by RSA 12-K:10, and those that may need higher review.

• Requirements for access to the PROW, in terms of safety, “dig once” requirements, etc.

• Required elements of a complete application.

• The process for review and approval at both administrative and higher levels.

• The timeline within which deciNOVEMBER/DECEMBER 2018

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PROCESS from page 21 pality is entitled to cast one vote on every policy recommendation submitted and on any floor proposals. Each policy proposal must receive a twothirds affirmative vote of those present and voting in order to be adopted as an NHMA policy.

Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change.

consideration. The deadline for submitting proposals is April 20, although earlier submission is encouraged.

Please follow the instructions on the form for submitting your proposal.

We leave you, then, with two assignments, should you choose to accept them: • Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal.org; and • Submit a legislative policy proposal (soon!) if you have an issue that you would like to be considered as part of this year’s policy process.

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

PROBLEM SOLVING It’s our strong point

civil & environmental engineering www.underwoodengineers.com

32 22

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

2020 Census – Communities Can Help Now! The 2020 Census is quickly approaching! The 2020 Census provides an opportunity for everyone to be counted. Tribal, state, and local governments, community-based organizations, faith-based groups, schools, businesses; the media; and community leaders will play a key role in educating and motivating households to participate in the 2020 Census.

Through collaborative partnerships, the U.S. Census Bureau and community leaders can reach the shared goal of counting EVERYONE in 2020. In addition to traditional partnership activities, your organization can participate in a Complete Count Committee.

A Complete Count Committee (CCC) is a volunteer committee focused on raising awareness and motivating households in their communities to participate in the 2020 Census. The CCC program is key to creating awareness in communities all across the country. A CCC is comprised of a broad spectrum of government and community leaders from various backgrounds, including education, business, healthcare, and other local organizations. These trusted voices utilize their knowledge of the community to develop strategies to encourage their community members to respond.

with U.S. Census Bureau.

• Organizing census forums or community groups.

• Hosting CCC kickoff meetings with media briefings.

Census data is used to make many important decisions, including the apportionment of seats in the U.S. House of Representatives and drawing boundaries for voting and legislative districts. Communities also rely on Census Bureau statistics for information to plan new businesses, schools, roads, hospitals, job training centers and seniors’ health care needs. Each year, the federal government distributes more than $675 billion to states and communities based on Census Bureau information.

Your partnership sends a strong message to your community about the importance of the census and the benefits of being counted. If you are interested in starting a partnership or forming a Complete Count Committee for the 2020 Census to get involved in your community, contact us at new.york.rcc.Partnership@2020census.gov or visit us at www.census.gov/2020census.

CCC activities could include: • Incorporating census information in newsletters, social media posts, podcasts, mailings, and Web sites.

• Providing opportunities for Census Bureau employees to participate in your organization’s events, such as speaking opportunities or hosting an information table.

• Utilizing Statistics in Schools classroom resources.

• Promoting the upcoming 2020 Census employment opportunities

www.nhmunicipal.org

NOVEMBER/DECEMBER 2018

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The

HR

REPORT

Understanding “Work to Rule”

By Mark T. Broth

D

uring September 2018, the labor union that represents firefighters in the City of Manchester announced their intent to restrict their work activities to those duties identified in their job descriptions and in their collective bargaining agreement. This type of restriction on work activities is commonly referred to as “work to rule”.

The Union’s announcement followed the Board of Mayor and Alderman’s rejection of a proposed wage adjustment for City firefighters, whose last collective bargaining agreement expired in 2017. As a result of the Union’s announcement, the Manchester Fire Department anticipated that few firefighters would volunteer to participate in the annual Fire Prevention Week Parade scheduled for October 7, 2018. As a result, the event, a 64 year tradition, was cancelled.

Under New Hampshire law, public employees have the right to join labor unions and to collectively bargain with their employers. In the private sector, employers and employees engaged in collective bargaining have the ability to use their respective economic power to try to leverage their negotiating positions. For employers, this means the right to “lock out” employees and prevent them from reporting to work or receiving a paycheck. For employees, this means the right to strike and withhold their services. When employing these strategies, the employer’s customers often suffer an interruption in the delivery of supplies or services.

In enacting New Hampshire’s public sector collective bargaining law, RSA 273-A, the Legislature recognized that public employers provide essential services whose disruption during a labor dispute would be contrary to the public good. Accordingly, RSA 273-A:5 establishes that it is an unfair labor practice for employers to invoke a lockout or for employees “to engage in a strike or other form of job action.” Further, RSA 273-A:13 expressly declares “strikes and other forms of job action by public employees” to be unlawful and authorizes public employer to seek injunctive relief. Recognizing that both public employers and employees would lose bargaining power if denied their respective rights to lockout or to strike, the Legislature established a dispute resolution pro34

NEW HAMPSHIRE TOWN AND CITY

cedure intended to facilitate settlement of labor contracts.

The dispute resolution system provides for mediation and non-binding fact finding, and which allows the labor organization to appeal directly to the public employer’s legislative body to support changes in wages and benefits that the employees might be seeking.

RSA 273-A does not define a “job action.” In a case arising from a previous dispute between Manchester and its firefighters, the NH Supreme Court stated that a job action “generally involves union activities such as strikes, or sickouts, in which a public employer is unable to perform its essential governmental services.” In 1980, the Court determined that a “sickout” by Manchester firefighters was a form of unlawful job action, in that it strained the City’s ability to deliver Fire Department services. However, in a 1999 decision, the Court said that the refusal of police officers to work paid details did not constitute an unlawful job action, in that the employer had an alternate method (forced overtime) of assuring adequate police coverage.

Even if employees limit their work activities to those defined in a job description or a collective bargaining agreement, they may still be considered to have engaged in an unlawful job action. In 1991, the PELRB held that a teacher union had engaged in an unlawful job action when it discouraged members from volunteering their participation in after school events, including parent conferences, committee work, and other school events. In a rare instance where “past practice” worked in the employer’s favor, the PELRB held that “the decision to withhold the volunteer duties well understood and established through past practice is a [unlawful] concerted action.” Similarly, in a decision that predates RSA 273-A, the Court held that the refusal of firefighters to voluntarily respond to bell alarms and mutual aid calls while off duty was unlawful, in that responding to these calls was a longstanding past practice, regardless of the job description or collective bargaining agreement language, and that the refusal to respond interfered with the employer’s ability to deliver services. www.nhmunicipal.org

Based on these PELRB and Court decisions, limiting work activities to those described in a job description or collective bargaining agreement may still constitute an unlawful job action. If employees no longer engage in activities which they have a past practice of participating in and if their refusal to participate interferes with the delivery of essential services, the conduct may be unlawful. Manchester may not get

its parade, but the public should expect that employees will respond to the bell and return to work when an emergency arises.

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.”

Experienced Lawyers for Municipalities Drummond Woodsum’s Municipal Group Mark Broth, Matt Upton, Matthew Serge, Anna Cole and Demetrio Aspiras guide towns, cities and local governments through a variety of issues including: • • • • • •

Land use planning, zoning and enforcement Ordinance drafting Coastal and shorefront access General municipal matters Municipal employment and labor matters Litigation and appeals Learn what the Drummond Woodsum Municipal Practice Group can do for you: dwmlaw.com | 800.727.1941

www.nhmunicipal.org

NOVEMBER/DECEMBER 2018

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REPRESENTING MUNICIPALITIES Land Use

Labor & Employment

Administration & Finance

Environmental Law

Assessment, Abatement and Tax Collection

Bankruptcy

WE ARE THE GRANITE STATE’S LAW FIRM™ Concord 603.224.7791

36

Hillsborough 603.464.5578

Portsmouth 603.436.7046

NEW HAMPSHIRE TOWN AND CITY

?

10 Centre Street Concord, NH 03302-1090 law@uptonhatfield.com www.uptonhatfield.com

www.nhmunicipal.org

— This Moment in NHMA History — 51 years ago….

State Legislature voted cities and towns to receive 40% of the new rooms and meals tax revenue.

(See related article in this issue, How We Fund Public Services in New Hampshire)

?

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

TOWN

According to Wikipedia, the area known as “Hawke,” located in the westerly part of a parish, was quite a distance away from the region’s meeting house. Residents of this westerly part of town built their own meeting house in 1755 and petitioned the Governor in 1760 to be set apart and to form their own parish. The petition was eventually granted and Hawke was incorporated in 1760.

CITY

At the 1836 Town Meeting, however, the original town name of “Hawke” (for the British Admiral Edward Hawke) was changed. No definitive explanation has been discovered for the name change or any explanation given for also considering, at the time, the name “China”.

?

NAME

THAT OR

?

? ?

www.nhmunicipal.org

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the January/February 2019 issue.

ANSWER TO PHOTO IN SEPTEMBER/OCTOBER 2018 ISSUE: The photo on page 44 in the last issue of New Hampshire Town and City magazine was the town hall and offices located in the Town of Rollinsford. Thanks to all our members who responded with the correct response, including Scott Wiggin (Bedford); Jenne Holmes (Somersworth) and Bill Herman (Auburn).

NOVEMBER/DECEMBER 2018

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NLC Develops Small Cell Wireless Municipal Action Guide This fall the National League of Cities (NLC) released a new Small Cell Wireless Municipal Action Guide and model ordinance for municipal officials.

Small cell wireless infrastructure, which is increasingly important for wireless broadband deployment, has traditionally been guided by federal and industry interests, as opposed to local needs. In addressing the Model Ordinance developed jointly by the NLC and National Association of Telecommunications Officers and Advisors (NATOA), the NLC offered added insight for cities. In a summary, it noted that there is no single model code that will work for every jurisdiction. As such, NLC and NATOA’s model code is intended as a roadmap to assist local governments in adopting their own ordinances governing use of the rights of way by communications providers. While example language is included in some sections, we do not intend to suggest these examples could work for every jurisdiction.

The “race to 5G” and small cell wireless infrastructure deployment present new challenges and opportunities for cities and towns. Unlike traditional cellular equipment which is placed high up on single cell towers, small cell technology requires many equipment installations clustered closely together. Municipalities must balance the business interests of wireless providers eager to densify their networks with the management of increasingly crowded city streets and sidewalks.

In its guide summary, NLC noted that cities and towns also face the threat of increasing preemption of their tra-

38

NEW HAMPSHIRE TOWN AND CITY

ditional authority from state and federal policies. Several states have recently passed legislation that severely limits what cities may charge for private sector use of public streets. The Federal Communications Commission and Congress are considering policy changes that would impose new unfunded mandates on municipalities in the form of radically shortened application timelines and additional limits on rental rates. This guide serves to explain small cell infrastructure and related policy issues in clear terms so that city and town leaders can thoughtfully plan for small cell deployments in their communities.

Recommendations for municipal leaders, as noted in the 20-page guide, include: • Gaining a full understanding of the technology and important safety considerations.

• Articulating priorities for accommodating this technology.

• Creating clear policies for permit review that let both city staff and industry applicants know the expectations.

• Developing a template right-of-way access policy/ agreement, as well as a pole attachment agreement.

• Thinking through in advance any beneficial items the city/town could negotiate with industry in exchange for use of the right-of-way – if allowed by state law.

• Giving careful consideration to fee structures For more information about small cell wireless technology, please visit NLC’s website at www.nlc.org.

Action Guide: https://www.nlc.org/resource/small-cellwireless-technology-in-cities Model Ordinance: https://www.nlc.org/resource/model-code-for-municipalities-0

www.nhmunicipal.org

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Basic Law of Budgeting: A Guide for Towns, Village Districts and School Districts (2017)

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Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations (2018)

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Guide to Open Government: NH’s Right-toKnow Law (2017)

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Guidebook for NH City & Town Councilors, Mayors and Aldermen (2016)

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

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

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Knowing the Territory: A Survey of Municipal Law for New Hampshire Local Officials (2018)

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Law Lectures 2014—Complete Set

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Model Local Welfare Guidelines (2012)

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Art of Welfare Administration (2018)

Law Lectures 2014-2017

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NOVEMBER/DECEMBER 2018

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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

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

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The Ups and Downs of Passenger Rail in New Hampshire

By Jay Minkarah Passenger rail is an endemic topic of conversation in transportation and planning circles and increasingly, is surfacing as a key economic development issue; especially in the aftermath of the state’s recent bid to lure Amazon’s highly sought after HQ2. In the political arena, the discourse has focused primarily on the proposed Capital Corridor initiative and recent efforts to include $4 million in federal and state matching funds in the state’s Ten-Year Transportation Improvement Plan. As with any issue of consequence, the public discourse includes a mix of fact, fiction and hyperbole.

This article is intended to provide a board overview of the principal passenger rail alternatives that are currently under consideration as well as the oftenoverlooked passenger rail services that are available to Granite State residents today. The most significant of these existing services in terms of ridership and physical footprint in the state is the Downeaster.

The Downeaster

The Downeaster is a passenger rail service operated by Amtrak under contract with the Northern New England Passenger Rail Authority (NNEPRA). NNEPRA is a public transportation authority created in 1995 by the State of Maine to facilitate passenger rail service between various points in Maine and the City of Boston.

The service was formally launched on December 15, 2001. The Downeaster currently provides five-round trips per day along an approximately 145-mile corridor between Boston and Brunswick, ME with three stops in New Hampshire: Dover, Durham (at the University of New Hampshire) and Exeter. The service, which reaches speeds of up to 79 miles per hour, boasted 511,422 passenger trips in 2017 with some of the largest boardings occurring at the New Hampshire stops. The Downeaster has been notably entrepreneurial in its approach to maximize tourist draws on both ends of the line with special services such as providing dome cars for viewing fall foliage and flexing evening schedules to accommodate passengers attending Red Sox games in Boston. Innovative on-board accommodations include the ability to purchase MBTA Charlie Card passes on the train for a more seamless transfer to

NEW HAMPSHIRE TOWN AND CITY

the Green or Orange line subways at North Station in Boston. Given its frequency of service, the Downeaster also functions as a commuter line. Operating funds are covered through a combination of federal subsidies and state matching funds, passenger fares and other miscellaneous revenue sources. Though New Hampshire benefits from Downeaster service, the State provides no operating subsidies for the Downeaster. The costs for each of the three New Hampshire stations are covered by their host communities.

The Vermonter

The second passenger rail line currently serving New Hampshire residents is The Vermonter. The Vermonter is also operated by Amtrak, providing one round trip a day between St. Albans, Vermont and Washington, D.C. through New York City, with several key stops in between. The Vermonter has only one stop in New Hampshire at Claremont, but stations in White River Junction, Windsor, Bellows Falls and Brattleboro, VT also serve New Hampshire residents. The Vermonter carries close to 90,000 passengers per year over its approximately 600-mile course. Between 2010 and a 2012, 190 miles of track in Vermont and New Hampshire recieved a $70 million upgrade funded through the American Recovery and Reinvestment Act of 2009 (ARRA) to facilitate increased speeds along portions of the line of up to 79 miles per hour. Another ARRA funded improvement resulted in a relocation of a portion of the line in western Massachusetts.

Completed in December of 2014, the $73 million Knowledge Corridor project shaved approximately 30 minutes of time off of the schedule and restored passenger rail service to the western Massachusetts cities of Greenfield, Northampton and Holyoke for the first time in decades. This initiative was followed by an approximately $90 million rehabilitation of the historic Union Station in Springfield, MA, also a stop on the Vermonter line, and a $190 million upgrade of the line between New Haven, CT and Springfield MA which included double tracking approximately twenty-six miles of single-track to allow for more frequent trips through the corridor paralleling I-91. www.nhmunicipal.org

New Hampshire Capital Corridor

Downeaster and Vermonter lines do provide passenger rail service for significant areas of the state, however, no passenger rail lines serve New Hampshire’s largest cities, Nashua, Manchester and Concord. Motivated by a desire to connect these cities as well as the Manchester-Boston Regional Airport to Boston, an initiative known as the New Hampshire Capital Corridor began to gain momentum in the early 2000s. Though the form of the service conceived has varied, the Capital Corridor has generally been defined as an extension of the existing Massachusetts Bay Transportation Authority (MBTA) operated commuter line that currently terminates in Lowell, MA, to New Hampshire with stops in Nashua, the Manchester-Boston Regional Airport and downtown Manchester with an eventual extension to Concord. In addition to providing a transportation alternative for New Hampshire residents who currently commute to Boston, advocates for the project see the Capital Corridor as a means of attracting young talent to New Hampshire, providing increased access to jobs and stimulating economic development along the route.

Opponents have focused largely on the initial cost as well as the potential for on-going demands on state resources to cover operating costs.

In 2007, the New Hampshire Rail Transit Authority (NHRTA) was formed to oversee the development of rail transit in New Hampshire with a specific focus on advancing the Capital Corridor project. In 2014, NHDOT released the New Hampshire Capital Corridor Rail & Transit Analysis which was viewed as a key milestone in the process of developing the line. The study evaluated a range of rail and bus transit alternatives for the Corridor and concluded that a long-favored alternative providing two stations in Nashua, one in downtown Manchester and one at the Airport would offer “[] the greatest economic benefit with moderate construction investment.” Capital costs were estimated at approximately $246 www.nhmunicipal.org

million with $10.8 million in annual operating costs. Capital and operating costs were assumed to come from federal, state and MBTA sources along with nongovernmental revenue sources such as passenger fares and parking fees.

Ridership was estimated 3,120 per day or 668,000 weekday riders per year, a figure more than 30% higher than the Downeaster.

To advance the project to the next step, $4 million in funding (80% federal and 20% state) was sought to develop a more detailed service plan, financial plan and to complete engineering.

The funding, however, has not been included in the state’s Ten-Year Plan and despite the passionate advocacy of its supporters, including business groups, the Capital Corridor project has not progressed since completion of the 2014 study. Earlier this year, House Bill 267 was passed which replaced the NRHTA with the newly formed New Hampshire Transportation Council (NHTC). The NHTC will have a broader purpose with a scope encompassing passenger rail as well as other alternative transportation modes.

Other Alternatives Explored

Another passenger rail alternative proposed in recent years was also planned as an extension of existing MBTA commuter rail service; in this case from Boston to Plaistow, NH via Haverhill, MA. The MBTA’s interest in the proposal was primarily stimulated by a desire to relocate an existing layover facility in Haverhill. In 2015, the NHDOT completed a study that evaluated alternatives for a new station and a layover facility together with potential environmental impacts, ridership and costs. The Plaistow initiative has also failed to advance, due in large part to local opposition.

With the failure of the Capital Corridor initiative to move forward, a more limited privately funded passenger rail alternative recently surfaced. The Boston Surface Railroad Company (BSRC), founded in 2012, has proposed offering a more limited service

between Bedford, NH and Lowell, MA with one stop near downtown Nashua at an existing city-owned Park & Ride at Crown Street. The service would utilize an existing Pan Am rail line with minimal upgrades and operate with refurbished rather than new locomotives and passenger cars. Because of its reduced scope of service and its reliance on private funds, BSRC anticipates that the service could be in operation in as soon as four years. BSRC is also planning to operate passenger rail service between Worcester, MA and Providence, RI which it hopes to have operational as soon as 2019. The City of Nashua has entered into a memorandum of understanding with BSRC and has formed a local Rail Transit Committee to help advance the extension of passenger rail service to the Gate City.

Conclusion

Though the challenge of providing expanded passenger rail service to New Hampshire residents has seemed daunting at times, the state has benefited from significant improvements in access, frequency and speed for nearly 20 years. These improvements include an entirely new line of service with the advent of the Downeaster and significant upgrades to the Vermonter line.

Despite these advances, New Hampshire’s largest cities are still striving for access to the larger New England passenger rail network. The extension of commuter rail from Boston up the Merrimack Valley, therefore, will undoubtedly continue to be a focal point of economic development and transportation planning, as well as debate, for years to come.

Jay Minkarah is Executive Director of the Nashua Regional Planning Commission. Jay may be reached by phone at 603.424.2240 or by email at jaym@ nashuarpc.org.

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2018-2019 Legislative Policy Conference Friday, September 7, 2018 Thank You to the Following Delegates and Members for Participating!

Rick Hiland

Selectman

Albany

Derik Goodine

Scott Myers

Town Administrator

Allenstown

Elizabeth Dionne

Alton

Bob Edwards

Timothy McNamara Asst. Mayor Shaun Mulholland City Manager

Lebanon

Town Administrator Selectman

Antrim

Bill Herman

Scott Bugbee

Selectman

Lee

Town Administrator

Auburn

James Headd

Butch Burbank

Town Manager

Lincoln

Selectman

Auburn

John Scruton

Brent Lemire

Selectman

Litchfield

Town Administrator

Barrington

Rick Sawyer

Lisa Drabik

Asst. Town Manager

Londonderry

Town Manager

Bedford

Alicia Jipson

Laura Gandia

Associate Planner

Londonderry

Asst. Town Administrator

Belmont

David Stack

Gary Daniels

Selectman

Milford

Town Manager

Bow

Craig Keeney

Walter Johnson

Town Administrator

Moultonborough

Selectman

Campton

Boyd Chivers

David Swenson

Selectman

New Durham

Selectman

Candia

Tyson Miller

Neil Irvine

Selectman

New Hampton

Planning Board

Canterbury

John Colbath

Carlotta Pini

Town Administrator

New Ipswich

Selectman

Conway

Dave Caron

Dennis Pavlicek

Town Administrator

Newbury

Town Administrator

Derry

Dennis Shanahan

Steve Fournier

Town Administrator

Newmarket

Councilor

Dover

Michael Kaminski

Lisa Gonyer

Selectman

Newton

Selectman

Dunbarton

Michael Cahalane

Bryan Kaenrath

Town Administrator

North Hampton

Selectman

Effingham

Ryan Aylesworth

Jim Maggiore

Selectman

North Hampton

Town Manager

Enfield

Julie Gilman

Kathleen Kilgore

Selectman

North Hampton

Selectman

Exeter

Russ Dean

Chris Sterndale

Town Administrator

Nottingham

Town Manager

Exeter

Eric Meth

Ed Juengst

Planning Board

Peterborough

Selectman

Franconia

Katie Gargano

Randy Subjeck

Selectman

Piermont

City Clerk/Tax Collector

Franklin

Scott Dunn

James Allard

Selectman

Pittsfield

Town Administrator

Gilford

Regina Barnes

Julian Kiszka

Selectman

Plaistow

Selectman

Hampton

Lori Ruest

M. Chris Dwyer

Councilor

Portsmouth

Town Administrator

Hampton Falls

Erik Spitzbarth

Jane Ferrini

Assistant City Attorney

Portsmouth

Selectman

Hancock

Scott Osgood

Joseph Ilsley

Town Manager

Raymond

Selectman

Henniker

Jon Daley

Elaine Lauterborn

Councilor

Rochester

Selectman

Hillsborough

Laura Buono

Rebecca Bergeron

Asst. Town Administrator

Rye

Town Administrator

Hillsborough

Michael Capone

Katie Ambrose

Town Administrator

Sanbornton

Town Administrator

Holderness

Alexander Walczyk Councilor Ken Traum Selectman

James Coffey

Town Administrator

Stoddard

Hooksett

Paul Deschaine

Town Administrator

Stratham

Hopkinton

Steve Malizia

Donna Nashawaty

Town Manager

Sunapee

Town Administrator

Hudson

Jim Michaud

Michael Branley

Town Administrator

Swanzey

Assessor

Hudson

Frank Sterling

Gail Cromwell

Selectman

Temple

Selectman

Jaffrey

Elizabeth Fox

Tom Schamberg

Selectman

Wilmot

HR Dir./Asst. City Manager Keene

City Manager

Laconia Lebanon

Your Input Determines Legislative Policy for the 2019-2020 Legislative Biennium

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www.nhmunicipal.org

UP CLOSE AND PERSONAL

W

elcome to Up Close and Personal – On the Board, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting Lisa Drabik, Assistant Town Manager and Personnel Director for the Town of Londonderry.

TC: What are your duties and responsibilities in the Town of Londonderry?

LD: I am the Assistant Town Manager (ATM) and Personnel Director for the Town of Londonderry. As ATM, I assist our Town Manager in fulfilling those duties assigned to us by the Town Council. In addition, I am a lawyer by training, which allows me to act as the liaison between the Town and both our internal and external counsel when necessary. As the Personnel Director, I oversee the human resources function for the Town’s 200+ employees.

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

LD: The biggest challenge is balancing the two different hats I wear in Town Hall. On any given day, I have to transition quickly between employee issues and Town/resident issues.

For example, while one morning might be spent dealing with a thorny employee benefits issue, the afternoon may be consumed by a complaint related to parking in a local conservation area. Every day is different— but enjoyable!

Lisa Drabik

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

LD: Since one of my duties as ATM is to track legislation that might directly impact the Town, I greatly look forward to reading the weekly Legislative Bulletins. Since my first day on the job, I have also eagerly attended NHMA workshops, contacted the NHMA attorneys about Right-to-Know Law questions, and made use of NHMA publications. At our Town Council’s request, I also arranged an on-demand, on-site training session in Londonderry on the Right-to-Know Law, which was well-attended and appreciated by our board and commission members—not to mention me! And of course, serving on the Board has given me an even greater window into the issues faced not only by my community, but also others across the state.

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

LD: The public perception seems to be that given my role as ATM, I must know everything about every issue going on in Londonderry at any given time. Put simply, in such a growing and vibrant community like Londonderry, there is no way for any single individual to know about everything going on at any given time! Lucky for me, we employ extraordinarily capable individuals in each of our many departments, and they are always happy to answer and/or resolve any resident questions that arise.

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

LD: Definitely. Prior to working for the Town, my work experience was exclusively in the private sector. I admit that I did not have a true appreciation for the role that government, and in particular local government, can play in enhancing our residents’ lives. Whether it be by enacting specific ordinances, researching a particular issue and seeking the input of involved stakeholders to craft a solution, or simply solving one resident’s problem-- we are truly here to serve our residents, and it is an honor to do so.

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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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www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Dr. Dean Shankle, Town Administrator in the Town of Hooksett.

Dean Shankle

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

If so, please contact the New Hampshire Municipal Association at 800.852.3358 ext. 3408 or tfortier@nhmunicipal.org.

www.nhmunicipal.org

TC: What are your duties and responsibilities as Hooksett’s Town Administrator?

DS: Hooksett is a charter community and the charter outlines my duties very broadly: The Administrator shall have “such powers and duties… conferred upon mayors of cities and selectmen of towns.” However, as a check on that power the charter says the “Council may, by majority vote, overrule any action or lack of action normally under the control of the Administrator.”

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

DS: The biggest challenge is figuring out how to use the resources you have to solve the problems that come up. Towns are involved in so many aspects of the community’s quality of life that the issues that arise can be very specific and complex. Since Hooksett, like most towns, budgets conservatively, having the resources (staff, equipment, funding) to address unplanned-for events is challenging.

TC: How has NHMA helped you do your job?

DS: Over the last 30 years the NHMA has been an invaluable resource for advice (legal and otherwise), training, network-building and support. It has helped me do my job by providing resources I would not otherwise have and helping to train elected and appointed officials, as well as staff. The broad approach they have taken over the years, as can be seen in their Town and City magazine, has been instrumental in helping move towns in New Hampshire forward.

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

DS: I am a big believer in the importance of transparency in local government. When I first arrived in Hooksett they had a number of significant issues going on, but they had no public access TV and one citizen was taping meetings and putting them on his YouTube account.

There was a perception that the Council was trying to hide information.

I quickly realized that meetings needed to be public and that I needed to build the infrastructure on a shoestring. With one camera, the existing sound system and an inexpensive encoder, I set up a system to live-stream (and capture for later) Council meetings. We have since expanded the system considerably, but I believe that initial set-up was a significant move forward for the town.

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

DS: I don’t think there is one “public perception.” Over the last 30 years I have quit being surprised when people either do not know that towns even have administrators/managers or have no idea what we do. Of those who do know, their perceptions tend to be based on their personal interactions rather than any broad-based knowledge. Therefore, the job is much more complex than most people realize.

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Legal

Q and A

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

LEGAL Q&A: Top 10 Legal Questions from Members Regarding Town Meetings 1. Should zoning and building code warrant articles be discussed and debated at our SB2 Deliberative session?

Warrant articles that propose the adoption or amendment of a zoning ordinance or building code have already been subject to a public hearing process before the Planning Board prior to the deliberative session. Although RSA 40:13, IV states that the first session of the meeting shall consist of explanation, discussion, and debate of each warrant article, since zoning and building code articles cannot be amended after the final Planning Board meeting, inviting discussion on such articles might give voters the incorrect impression amendments might be permitted. It is suggested that the better practice would be to have a member of the Planning Board or the town’s land use staff be present at an information table to answer questions about proposed zoning articles.

2. How about discussion and debate of the Default Budget in an SB2 deliberative town meeting, should this be allowed by the moderator?

An amendment to RSA 40:13, HB 1307, 2017 NH Laws Chapter 241, has clarified the default budget’s role at the deliberative session. RSA 40:13, IV will now expressly permit voters to discuss and debate the default budget, along with other articles on the warrant. That being said, RSA 40:13, XI(b) still prohibits the voters from amending the default budget at the deliberative session.

3. I need to prepare an official ballot for a zoning amendment to be voted at town meeting. There is a little confusion on the wording for the ballot. The Planning Board secretary said she was informed by Planning Board members at the public hearing that the entire proposed ordinance needs to appear on

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the ballot. Would you please provide some guidance as to what language/wording needs to be appear on the ballot? Does the entire new section need to appear on the ballot?

The full text of the zoning amendment does not have to appear on the official ballot. However, it is a good idea to post the full text of the zoning amendment at the polling station so the voters can read that text before voting. The correct language for the ballot article comes from RSA 675:3, VII, and should be worded as follows “Are you in favor of the adoption of the amendment to the town zoning ordinance as proposed by the planning board as follow: (insert topical description)?”

The language to be inserted into the parentheses would be a short, two or three sentence synopsis of the zoning amendment that would briefly describe the parts of the zoning ordinance being amended and the effect of the amendment.

4. It has always been my understanding that you cannot raise a money article on the floor of Town Meeting. Some one is saying that is not true. Care to weigh in?

A warrant article that has no appropriation may not be amended from the floor of the meeting to have an appropriation. This would violate the cardinal rule that the subject matter of all business to be acted upon at the meeting be distinctly state in the warrant. RSA 39:2. However, an article that has an appropriation may be increased, decreased, or reduced to zero.

5. At Town Meeting this year we had the same group of people petition about 15 of our warrant articles to request secret written ballot on articles. Next year

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they said they are going to do this for all the articles, but is there anything we can do so this won’t happen?

The town cannot prevent a person from making a request for a secret ballot on any article on the warrant, provided the person so requesting complies with RSA 40:4-a. The person seeking the secret ballot vote cannot ask for a secret ballot vote before the start of the town meeting. The person seeking a secret ballot can only make that request when the article is being actively considered by the town meeting, and the request for the secret ballot must be made prior to a vote by voice or division vote. The request must be in writing and it must be made by 5 (five) voters who are present. There is nothing the town can do to prevent this from happening.

Here is the statute in its entirety:

40:4-a Secret Ballot. –

I. (a) At any meeting of a town with a population of more than 500, 5 voters who are present may make a request in writing prior to a vote by voice vote or division vote that the vote be taken by secret written ballot.

Upon receiving such a request, the moderator shall conduct the vote by secret “yes-no’’ ballot. (b) Notwithstanding any other provision of law, on the request of 5 voters who are present, the moderator shall conduct a recount on any vote taken by secret written ballot under subparagraph (a). The recount shall take place immediately following public announcement of the vote taken providing that the vote margin is not more than 10 percent of the total vote cast.

There shall be no fee required for a recount under this section.

II. At any meeting of a town of a population 500 or less, 3 voters www.nhmunicipal.org

who are present may request secret balloting or recounting as provided in paragraph I. 6. Our highway department head has moved out of Town and the question has come up whether or not he can speak at the deliberative session to increase the paving warrant article.

Non-residents are not allowed to speak at town meeting unless the town meeting authorizes them to address the meeting. In most towns, the moderator brings this up at the beginning of the meeting and a motion is made to permit certain designated non-residents to speak, such as the highway department head. Once the meeting votes to authorize the highway department head to speak, he may then address the town meeting.

7. Can a voter move to reconsider a vote taken by secret ballot?

Yes, a voter may move to reconsider a vote taken by secret ballot. The motion to reconsider can also be voted on by secret ballot as provided in RSA 40:4-a. Once the reconsideration is addressed then the main motion may also be handled by secret ballot.

8. Our town uses the official ballot to elect officers and to vote on other matters permitted to be on the official ballot (we are not an SB2 town). We are a March Town Meeting Town.

Instead of holding the business meeting after the voting session on the second Tuesday of March, the Select Board would rather hold the business meeting on the Saturday before the voting session. Can we do this?

When the town meeting votes under RSA 39:2-a to use the official ballot to elect officers and vote on other matters on the official ballot, the select board

is then authorized to choose another day for the second session of the town meeting for the transaction of all other town business. The language of RSA 39:2-a designating the business meeting as a second session clearly contemplates that the business meeting must take place on a date or time that follows completion of the first or voting session. No, the select board cannot hold the business meeting on the Saturday before the voting session.

9. As the moderator I am concerned about the distribution of information about zoning amendments in the polling place during our voting session. Could this be considered an improper form of electioneering?

Providing information about proposed zoning amendments at the polling place is permitted and does not constitute improper electioneering contrary to RSA 659:43. In fact, RSA 675:3, the statute that governs how zoning ordinances are enacted in towns and village districts, mandates that an official copy of zoning and building code proposals shall be on display for the voters at the meeting place on the date of the meeting. If the information being distributed actually advocates for the adoption or rejection of any zoning proposal that would be improper electioneering.

10. Our town is being torn apart due to a division over building a new police station. When it finally comes time for the town to vote on police station, can the select board put this item on the official ballot? We find that senior citizens feel confused when voting at town meeting on this subject because of the many amendments and confusing procedure used when the warrant article is amended sometimes more than NOVEMBER/DECEMBER 2018

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ered by placing a question on the official ballot used for election of town officers unless use of the official ballot for that article or type of article is specifically authorized or required by law.

LEGAL Q&A from page 47 once. Some residents feel bullied when opposing residents that are for the police station.

To stop this conflict, I would like to see this vote be done by ballot, so that people working second shift get a vote, seniors can vote confidently, there are no confusing last-minute changes, and an absentee vote can be used for people out of town on vacation or business.

The official ballot cannot be used when voting on the proposed new police station. Only certain matters may be put before the voters on the official ballot, which is reserved for the election of town officers, zoning questions and other matters that are required to be put on the official ballot. RSA 39:3-d provides as follows: • No article included in a warrant for a town meeting may be consid-

• Any law which requires a ballot vote on an article, and which uses the term “official ballot’’, shall be deemed to require the use of the official ballot for voting on that article, in towns which use the official ballot for the election of officers.

• Any law which prescribes the wording of a question, but where the term “official ballot’’ is not used, shall be deemed to authorize, but not require, the use of the official ballot for that question, unless a contrary intent is specified.

the municipality has adopted a charter provision authorizing that votes on the issuance of bonds or notes shall be placed on the official ballot or unless the municipality has adopted the provisions of RSA 40:12-14.

An article that seeks to appropriate funds for a new police station would not qualify for placement on the official ballot and would have to be handled on the floor of the town meeting.

Voters could request a secret ballot on the question under 40:4-a.

Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

• Articles concerning the issuance of bonds or notes shall not be placed on the official ballot, unless

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: Variance Denial Based in Part on “Cumulative Effect” Upheld Perreault v. New Hampton, New Hampshire Supreme Court No. 2017-0225, 7/20/2018 Verbal Threats of Harm to a Public Official can Constitute the Crime of Improper Influence State of New Hampshire v. Michael Hanes, New Hampshire Supreme Court No. 2017-0170, 7/18/2018

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2019 Training Events Workshops and Webinars for City and Town Officials 2019 Webinar Series Enjoy on-line training from the convenience of your own desk. Held each month, typically from noon to 1:00 pm on a Wednesday, and covers timely municipal topics such as Right-toKnow law, legislative overviews, code enforcement, cybersecurity, invasive species, elections, and more. (No fee)

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

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

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

Municipal Law Lecture Series Held in multiple locations around the state in September and October and designed for land use officials. Also includes one full-day (Saturday) workshop on three (2 hours each) land use related topics/written materials provided with each lecture. (Fee charged)

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

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

There’s always more at www.nhmunicipal.org For registration information, visit www.nhmunicipal.org under Calendar of Events.

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

www.nhmunicipal.org

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Has Your City or Town Ordered NHMA’s Right-to -Know Law Book Yet? Order Today

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50

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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

Sp tlight

The Affiliate 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 a city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce and spotlight the New Hampshire Parks and Recreation Association.

TC: What is the mission/goals of the New Hampshire Parks and Recreation Association?

NHPRA: The purpose of this organization is to promote and advocate for the development and administration of recreation and parks services, without discrimination, by means of educational sessions, meetings, seminars and conferences; and to improve recreation and parks activities and facilities in New Hampshire.

TC: What are biggest challenges facing your professional group today?

NHPRA: There are many challenges facing Parks and Recreation professionals due to the ever-changing economy. First and foremost, escalating taxes often causes officials to focus on finding solutions to reduce the tax burden and often look at parks and recreation as a way to cut a budget. Our professionals are faced with developing incentives to increase programs, maintain facilities and meet the needs of their residents and participants. Lastly, our professionals are confronted with justifying any parks and recreation project when competing against other department, yet these projects are important in maintaining the quality of life for the community.

TC: How has NHMA helped your professional group to do your job?

NHPRA: NHMA has provided guest speakers at some of our workshops. These workshops are provided to our association at no cost and it is great to have a working

www.nhmunicipal.org

relationship with NHMA where they are able to help us provide quality morning workshops.

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

NHPRA: Go for it! Parks and Recreation field is always changing. Every day is different and exciting. You, as a professional, will always be learning and growing.

TC: Do you dislike any aspects of your profession?

Which ones? Why? NHPRA: There are not numerous dislikes in our profession, however, limited facilities is one of them. Often in New Hampshire, the Parks and Recreation departments need to depend on whatever facility is available at any given time. This often creates difficulty in servicing multiple demographics at the same time due to the lack of adequate space as well as staffing thus creating a conundrum. Parks and Recreation professionals do their best to accommodate as many people as they can.

TC: Given the opportunity, what changes would you make to the profession?

NHPRA: If granted one change in our profession, Park and Recreation professionals would love to be mentioned in the same conversation as the major players in municipal government. People often move to communities because of the great quality of life that Parks and Recreation is able to provide. We should have equal standing in town government and given the level of appreciation for the things that makes a community unique.

NOVEMBER/DECEMBER 2018

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New Hampshire Town and City

2018 Index of Featured Articles Best Practices Series Election Worker Best Practices.................................................................................................................................................... Jan/Feb......................................................................... 34 Time to Update Mandatory Workplace Posters.......................................................................................................................... Mar/Apr....................................................................... 34 Discrimination in the Workplace................................................................................................................................................ May/June..................................................................... 34 Best Practices for Public Secotr Recruitment and Hiring............................................................................................................ July/Aug....................................................................... 34 Discrimination Pregnancy Discrimination.......................................................................................................................................................... July/Aug....................................................................... 11 The ADA and People with Disabilities in New Hampshire........................................................................................................ July/Aug....................................................................... 15 Beyond Parades and Proclamations............................................................................................................................................. July/Aug....................................................................... 19 “Town and Cities: “”YOU, TOO!”””........................................................................................................................................ July/Aug....................................................................... 21 Can You Recognize Retaliation?.................................................................................................................................................. July/Aug....................................................................... 25 What You Need to Know About Service Animals....................................................................................................................... July/Aug....................................................................... 27 Elections Voter Registration Law Changes: Senate Bill 3.......................................................................................................................... Jan/Feb......................................................................... 10 Recovering from Procedural Errors at Town Meeting................................................................................................................. Jan/Feb......................................................................... 15 Town Meeting: It’s Not Over Until It’s Over............................................................................................................................. Jan/Feb......................................................................... 19 Town Meetings Healing Divisions in the Governing Body.................................................................................................................................. Nov/Dec...................................................................... 10 A Few Legislative Changes for Town Meeting Season................................................................................................................. Nov/Dec...................................................................... 19 15 Ideas for a Better Town Meeting............................................................................................................................................ Nov/Dec...................................................................... 23 HR Report Poll Workers: Volunteers or Employees?.................................................................................................................................... Jan/Feb......................................................................... 32 Seasonal Employees….and the Well-Seasoned Employee........................................................................................................... Mar/Apr....................................................................... 32 Do Your Job Titltes Reflect Your Brand?..................................................................................................................................... July/Aug....................................................................... 36 “Agency Fees, Fair Share and the Janus Decision”....................................................................................................................... Sept/Oct....................................................................... 42 Understanding “Work to Rule”.................................................................................................................................................. Nov/Dec...................................................................... 34 Land Use and Environment Spring Roadside Cleaning: Challenges Cities and Towns Face Managing Liability Associated with Street Wastes..................... Mar/Apr....................................................................... 10 Springtime Thaw: New Tools to Help Local Decision-makers During Mud Season................................................................. Mar/Apr....................................................................... 15 Water Management to Reduce Spring Flooding......................................................................................................................... Mar/Apr....................................................................... 19 Coming to an Ash Tree Near You: Emerald Ash Borer in New Hampshires’ Towns and Cities................................................. Mar/Apr....................................................................... 21 Stop Mud Season from Making Your Community Trails a Mess................................................................................................ Mar/Apr....................................................................... 27 New Laws Will Affect Land use Boards...................................................................................................................................... Sept/Oct....................................................................... 37 Preparing for 5-G Wireless Facility Applications in Public Right-of-Way................................................................................... Nov/Dec...................................................................... 29 Legal Questions and Answers Troubleshooting on Election Day............................................................................................................................................... Jan/Feb......................................................................... 42 Restrictions on Local Roads........................................................................................................................................................ Mar/Apr....................................................................... 42 Municipal Liability and Immunity: State Statutes..................................................................................................................... May/June..................................................................... 42 The Right-to-Know Law: A Year in Review............................................................................................................................... July/Aug....................................................................... 42 Top 10 Election Questions from Members Regarding Town Meetings....................................................................................... Nov/Dec...................................................................... 46 Miscellaneous Staff Preps for Biennial Legislative Policy Process........................................................................................................................ Jan/Feb......................................................................... 21 Committees Finalize Policy Proposals......................................................................................................................................... July/Aug....................................................................... 30 “The Need for Ongoing, Nourishing Leadership in our Local Communities”........................................................................... May/June..................................................................... 29 How We Fund Public Services in New Hampshire..................................................................................................................... Nov/Dec...................................................................... 15 NHARPCs Report Becoming Age Friendly............................................................................................................................................................... Jan/Feb......................................................................... 38 Rising Seas: Impacting More than Just the Ebb and Flow of the Tides...................................................................................... Mar/Apr....................................................................... 38 Brownfields Assessments............................................................................................................................................................. May/June..................................................................... 38 Approaches to Planning Recreational Trail Networks................................................................................................................. July/Aug....................................................................... 42 The Ups and Downs of Passenger Rail in New Hampshire........................................................................................................ Nov/Dec...................................................................... 40 NLC Report Investing in Flood Mitigation..................................................................................................................................................... Mar/Apr....................................................................... 37 Future Equity in Cities............................................................................................................................................................... May/June..................................................................... 37 Small Cell Wireless Municipal Action Guide.............................................................................................................................. Nov/Dec...................................................................... 38 Economic Development The Secrets of Successful Small Communities............................................................................................................................ Sept/Oct......................................................................... 8 Collaboration is Key................................................................................................................................................................... Sept/Oct....................................................................... 13 Communities Can Influence Demographic Trends.................................................................................................................... Sept/Oct....................................................................... 17 Complimentary Efforts: State and Municipal Development...................................................................................................... Sept/Oct....................................................................... 21 Strengthening New Hampshire’s Communities.......................................................................................................................... Sept/Oct....................................................................... 23 “Yes, In My Backyard: Workforce Housing Key to Sustainable Local Economies”.................................................................... Sept/Oct....................................................................... 29 Using Trademarks as a Tool to Boost Local Economic Development Through Place Branding.................................................. Sept/Oct....................................................................... 31 A Strong New Hampshire Economy Starts in our Own Back Yards........................................................................................... Sept/Oct....................................................................... 35 Liability Special Judicial Protections for Municipal Officials: Official and Qualified Immunity.............................................................. May/June..................................................................... 10 Recreational Immunity............................................................................................................................................................... May/June..................................................................... 15 Municipal Liability and Immunity in New Hampshire: Common Law and General Statutes................................................... May/June..................................................................... 19 The Current State of Employee’s Rights of Reinstatement under the Workers’ Compensation Act............................................ May/June..................................................................... 23 Be Careful What You Sign: Construction Contracts.................................................................................................................. May/June..................................................................... 25 Affiliate Member Spotlight New Hampshire Library Trustees Association............................................................................................................................. Mar/Apr....................................................................... 36 Granite State Rural Water Association........................................................................................................................................ May/June..................................................................... 36 New Hampshire Local Welfar Administrators Association......................................................................................................... July/Aug....................................................................... 40 New Hampshire Association of Assessing Officials..................................................................................................................... Sept/Oct....................................................................... 45 New Hampshire Parks and Recreation Association..................................................................................................................... Nov/Dec...................................................................... 51

52

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Statement of Ownership Management, and Circulation (Required by 39 U.S.C. 2685)

New Hampshire Town and City (Publication Number: 379-620) is published bi-monthly (Jan/Feb, Mar/Apr, May/Jun, July/Aug, Sept/Oct, Nov/Dec) at the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, NH 03301. The editor/managing editor of New Hampshire Town and City is Timothy Fortier and the publisher is the New Hampshire Municipal Association. Annual subscription price is $25.00 for members, $50.00 for nonmembers.

Date of filing: September 26, 2018. Statement of Ownership is published in the November/December issue.

Extent and Nature of Circulation:

Average No. Copies Each Issue During Preceding 12 Months

Actual No. Copies of Single Issue Published Nearest to Filing Date

a. Total number of copies (Net press run) 2,353 b. Paid Circulation (By Mail and Outside the Mail) 1. Mailed Outside-County Paid Subscriptions Stated 2,046.0 on Form 3541 (Include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) 2. Mailed In-County Paid Subscriptions Stated on PS Form 307.0 3541(Include paid distributioon above nominal rate, advertiser's proof copies, and exchange copies) 3. Paid Distribution Outside the Mails Including Sales -------Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPSÂŽ 4. Paid Distribution by Other Class of Mail Through the -------USPS (e.g. First-Class MailÂŽ) c. Total Paid Distribution (Sum of 15b, (1), (2), (3), and (4)) 2,353 d. Free or Nominal Rate Distribution (By Mail and Outside the Mail) 1. Free or Nominal Rate Outside-County 89.0 included on PS Form 3541 2. Free or Nominal Rate In-County Copies 28.0 included on PS Form 3541 3. Free or Nominal Rate Copies Mailed at Other Classes -------Through the USPS (e.g. First-Class Mail) 4. Free or Nominal Rate Distribution Outside the Mail -------(Carriers or other means) e. Total Free or Nominal Rate Distribution 117

2,500

(Sum of 15d (1), (2), (3) and (4))

f. Total Distribution (Sum of 15c, and 15e.) g. Copies not distributed h. Total (Sum of 15f and g) i. Percent paid and/or requested circulation (15c/15f x 100) I certify that all information shown above is true and complete.

2,470 25 2,495 94.007%

2,048 306 --------------2,354 90 27 --------------117 2,500 50 2,400 94.160%

Timothy Fortier Editor

www.nhmunicipal.org

NOVEMBER/DECEMBER 2018

53

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

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