New Hampshire Town and City, January - February, 2019

January/February 2019

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

State Aid To Municipalities: Understanding Where We’ve Been and Where We’re Heading........................... 10 Warrant Article 101: The Basics of Warrant Article Origin, Content, Legality and Amendment..................... 15 Financial Planning for Elected Officials............................ 21

Safety. Liquidity. Yield.

Municipalities and governmental entities need investment options that focus on these objectives.

The New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) features: • Professional Management. Investments in the Pool are managed by investment professionals who are experienced in managing local government investment pools, and follow both general economic and current market conditions affecting interest rates. NHPDIP is rated AAAm* by Standard and Poor’s Ratings Services.

• Convenience. NHPDIP provides simple management solutions with 24/7 password-protected account access and a Client Services Group to provide additional support and assistance.

• Diversification. NHPDIP has a diversified portfolio of high-quality instruments designed to meet the Pool’s primary objective of safety.

Learn more by calling your dedicated NHPDIP Representative at 1.800.477.5258 or the Client Services Group at 1.844.4NH-PDIP (1.844.464.7347) or visiting www.nhpdip.com.

*Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of investment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor’s website http://www.standardandpoors.com/en_US/ web/guest/ home).

This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. This and other information about the Pool is available in the Pool’s current Information Statement, which should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

Contents Table of

Volume LXII • Number 1

January/February 2019

3 A Message from NHMA’s Executive Director 5 Happenings 8 Scene's from Judy Silva's Retirement Party 9 Upcoming Events 23 Scenes from NHMA’s Annual Conference 29 Up Close and Personal on the Board: Neil Irvine 31 Up Close and Personal in the Field: Jeff Gowan 32 NHARPC Report: Bike Share in NH Pedal Powered Progress is Afoot 36 The HR Report: Local Government Deserverse Our Support 40 NLC Report: US Census and Talking Points 44 LEGAL Q&A: Annual Town Meeting – How Do We Educate the Voters?

47 AFILLIATE SPOTLIGHT: New Hampshire Building Officials Association

Center Spread: A Special Tribute to Judy Silva

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

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editor Margaret M.L. Byrnes

Barbara T. Reid Production/Design

Evans Printing Co.

10

State Aid To Municipalities: Understanding Where We've Been and Where We're Heading

15

Warrant Article 101: The Basics of Warrant Article Origin, Content, Legality and Amendment

21

Financial Planning for Elected Officials

24

A Special Tribute to Judy Silva

26

Milford’s Town Administor, Mark A. Bender, Recognized for Outstanding Legislative Advocacy

Cover Photo: Randolph Town Offices and Meeting Hall by Linda Dupont, Assistant to Selectman, Town of Randolph.

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 2019 New Hampshire Municipal Association

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JANUARY/FEBRUARY 2019

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New Hampshire Municipal Association

B OA R D O F D I R E C TO R S Shaun Mulholland - Chair Manager, Lebanon

Jim Maggiore - Vice Chair Selectman, North Hampton

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

Rick Hiland - Secretary Selectman, Albany

Brent Lemire Immediate Past Chair Selectman, Litchfield

Laura Buono Town Administrator, Hillsborough

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Shelagh Connelly Selectman, Holderness

Phil D’Avanza Planning Board, Goffstown

M. Chris Dwyer Councilor, Portsmouth

Jeannie Forrester Selectman, Meredith

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Christopher Herbert Alderman, Manchester

Bill Herman Town Administrator, Auburn

Neil Irvine Selectman, Hampton

Harold Lynde Selectman, Pelham

Donna Nashawaty Town Manager, Sunapee

John Scruton Town Administrator, Barrington

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

2

NEW HAMPSHIRE TOWN AND CITY

As of December 14, 2018

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A Message from the

NHMA

Executive Director Margaret M.L.Byrnes

Happy New Year!

A

s I am writing this just three weeks after our 2018 Annual Conference, I can’t help but think about our conference theme—Sharing Ideas, Shaping the Future. The future is certainly on our minds here at NHMA: As we transitioned from 2018 to 2019, Judy Silva retired, and I stepped into the role of Executive Director. With the benefit of Judy’s mentorship over the past several years, I am excited and humbled to take on the challenges of this position. Thank you, Judy, from all of us, for your 27 years of commitment to NHMA, and happy retirement—until you find your next calling!

You all are likely thinking about the future, too: January means town meeting preparations for many, which not only brings newly-elected officials, but also puts budgets and costs on the forefront of your minds. And even if you’re not getting ready for town meeting, as 2019 begins, so does another state budget cycle.

Municipalities and their taxpayers have felt the budget crunch since promised state aid turned to suspended formulas, and 2019 brings another opportunity to get us back on track. As municipalities look to the future, rising costs—from much-needed infrastructure projects to increased health insurance rates—mean that questions of where the funding will come from remain front and center.

certified public accountants

experience counts We know New Hampshire governments.

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

For personal attention contact: Robert L. Vachon, CPA 608 Chestnut St. • Manchester, NH 03104 Phone: (603) 622-7070 Fax: (603) 622-1452 www.vachonclukay.com

www.nhmunicipal.org

Of course, these are only some of the many challenges that municipalities face now and in the future. Know that NHMA is working for you: with government affairs serving as a voice in the legislature, guided by legislative policies adopted by our members; legal services, assisting you through legal quandaries and providing training and advice; and our staff, working behind the scenes to field your comments and questions, plan events, and share information with you through the Legislative Bulletin, Town & City, and Newslink.

From legal advice and legislative updates, to networking with other municipal officials and learning best practices at our workshops, we hope you’ll make NHMA your first stop for assistance and information as you navigate through your municipal Warmest regards, duties and responsibilities.

We’re excited for the future and want to hear from you with your ideas, comments, Margaret M.L. Byrnes, or questions as we move forNHMA ward—we exist for you and Executive Director because of you!

JANUARY/FEBRUARY 2019

3

Right-to-Know Law Workshop for Law Enforcement 9:00 am—12:30 pm Wednesday, January 16, 2019 $75 and includes breakfast and publication NHMA Offices, 25 Triangle Park Drive, Concord Join NHMA’s Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will share insights and strategies to assist law enforcement agencies in handling governmental record matters arising under the Right-to-Know Law. The disclosure of police records is governed in part by the Right-to-Know Law and in part by rules imported from federal law under the Freedom of Information Act (FOIA). This workshop will answer many questions about withholding records compiled for law enforcement purposes when disclosure would interfere with enforcement proceedings or based on other FOIA factors. Attention will also be paid to disclosure exemptions found in other New Hampshire statutes governing Body Worn Cameras, motor vehicle records, gun licenses, police personnel records, and the retention of police records.

Attendees receive the NHMA publication, A Guide to Open Government: New Hampshire's Right-to-Know Law. For registration information, visit www.nhmunicipal.org under Calendar of Events.

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

SAVE THESE DATES 78th Annual Conference and Exhibition

Wednesday, November 13, 2019 Thursday, November 14, 2019 DoubleTree Downtown Manchester Hotel

4

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS

NHMA would like to welcome our newest Board members, from left to right: Laura Buono, Town Administrator; Hillsborough; Neil Irvine, Selectman, New Hampton; and Jeanie Forrester, Selectman, Meredith.

New Hampshire Municipal Association Elects 2019 Board of Directors At its recent annual meeting in November, NHMA’s membership elected three new members to its Board of Directors: Laura Buono, Town Administrator, Hillsborough; Jeanie Forrester, Selectman, Meredith; and Neil Irvine, Selectman, New Hampton.

In addition, seven incumbent board members were re-elected including: Brent Lemire, Selectman, Litchfield; Chris Dwyer, Councilor, Portsmouth; Christopher Herbert, Alderman, Man-

www.nhmunicipal.org

chester; Shaun Mulholland, City Manager, Lebanon; Donna Nashawaty, Town Manager, Sunapee; David Stack, Town Manager, Bow; and Eric Stohl, Selectman, Columbia.

NHMA would like to give special thanks to outgoing board members, Candace Bouchard, Councilor, Concord and Caroline McCarley, Mayor, Rochester.

Returning board members include: Butch Burbank, Town Manager, Lincoln; David Caron, Town Administrator, Derry; Shelagh Connelly, Selectman, Holderness; Phil D’Avanza,

Planning Board, Goffstown; Lisa Drabik, Assistant Town Manager, Londonderry; Steve Fournier, Town Administrator, Newmarket; Elizabeth Fox, Assistant City Manager/HR Director, Keene; Katie Gargano, Clerk/ Tax Collector, Franklin; Bill Herman, Town Administrator, Auburn; Rick Hiland, Selectman, Albany; Hal Lynde, Selectman, Pelham; Jim Maggiore, Selectman, North Hampton; Scott Myers, City Manager, Laconia; John Scruton, Town Administrator, Barrington; and Swens Swenson, Selectman, New Durham.

NHMA’s Board of Directors is com-

JANUARY/FEBRUARY 2019

5

HAPPENINGS from page 5

Do you recognize this gentleman?

prised of elected and appointed local officials from NHMA member municipalities. Board members oversee all NHMA programs and services to members, including legislative advocacy, legal and financial advisory services, training, publications and more.

NHMA Government Affairs Counsel Cordell Johnston spent two weeks in Nepal in September, working with the volunteer group The Fuller Center for Housing to build a house for a Nepali family. This was Cordell’s second trip to work on houses in the Nuwakot District north of Kathmandu, which suffered severe damage in the 2015 earthquake.

The family gave the volunteers some parting gifts—Cordell’s hat was not exactly sized for a large American head, but he still appreciated it.

USEPA Awards $27 million to New Hampshire to Support Local Clean Water Projects The U.S. Environmental Protection Agency (EPA) recently announced the State of New Hampshire was awarded a total of $27,147,000 in Clean Water and Drinking Water State Revolving Loan Fund (SRF) grants to finance community-based water infrastructure projects, such as upgrades to municipal sewage plants and public drinking water systems.

The total amount of funding came through separate grants to the NHDES in the amount of $16,040,000 for its Clean Water State Revolving Fund (SRF) program and for $11,107,000 for its Drinking Water SRF program.

With the funds awarded to the state, NHDES will fund a series of long- and short-term community-based projects that address high priority water quality and health-based concerns. NHDES oversees all aspects of the Clean Water and Drinking Water SRF programs including the engineering and construction, as well as the individual projects funded by it, and the financial oversight for both programs.

Under the Clean Water and Drinking Water SRF programs, EPA provides grants to states to capitalize state water loan programs. States contribute an additional 20 percent to match federal grants. Since 1987, the SRFs have provided more than $160 billion in financial assistance to 38,000 water quality infrastructure projects and 6

14,000 drinking water projects.

Under the Drinking Water SRF, states provide various types of assistance, including financing to improving drinking water treatment, fixing leaky or old pipes, improving source of water supply, and replacing or constructing finished water storage tanks. Clean Water SRF programs provide loans to construct municipal wastewater facilities, control nonpoint sources of pollution, build decentralized wastewater treatment systems, create green infrastructure projects and protect estuaries.

For more information on the Clean Water State RLF, visit https://www. epa.gov/cwsrf.

For more information on the Drinking Water State RLF, visit https://www. epa.gov/drinkingwatersrf.

Town of Stratham Selectmen Announces David Moore as next Town Administrator The Board of Selectmen in Stratham has announced David Moore has been selected to become the next Town Administrator. Moore, a resident of Stratham, currently serves as the Assistant City Manager for the City of Portsmouth. He will begin his service on January 1, 2019.

NEW HAMPSHIRE TOWN AND CITY

The selection follows a four-month process initiated following the retirement announcement of current Town Administrator, Paul Deschaine after 30 years of service. The selection process included the development of a candidate profile by Town employees as well as an interview process which included resident representatives along with the three Selectmen.

Henniker Announces Appointment of New Town Administrator The Town of Henniker Board of Selectmen recently announced the appointment of Matt Henry to the position of Town Administrator. Henry, a resident of the City of Concord, currently serves as the Facilities Planning and Programming Branch Chief at the NH Army National Guard since 2013.

Prior to working for the NH National Guard, he served as the Planning Director for the Town of Rindge, and Planning and Zoning Administrator for the Town of Lincoln.

Mr. Henry will begin in his new role as Henniker’s Town Administrator on January 2, 2019. Mr. Henry will be filling the vacancy created in September 2018 when former Town Administrator Christine Trovato resigned her position to retire. Since the resignation Cherry Palmisano has been serving as Interim Town Administrator. www.nhmunicipal.org

Gardner Fulton & Waugh to Merge with Drummond Woodsum Law firms team up to better serve New Hampshire municipalities and school districts Two well-known law firms with a history of serving many of New Hampshire’s towns, cities, counties and school districts will combine their practices in January 2019. Gardner Fulton & Waugh PLLC will be merging into Drummond Woodsum to create a single team with greater depth and resources to meet the needs of New Hampshire municipal and school clients. The two firms made the announcement at the New Hampshire Municipal Association annual conference in Manchester.

Headquartered in Lebanon, Gardner Fulton & Waugh attorneys Adele

Fulton, Shawn Tanguay, Matt Decker, Christine Fillmore, Jennifer Stralka, Jane Taylor, Cathryn “Cappy” Nunlist and Bernie Waugh will all join Drummond Woodsum and will continue to serve the legal needs of numerous New Hampshire municipalities and school districts. Founded in 1965, Drummond Woodsum is a full-service law firm with over 80 professionals with offices in Manchester and Portsmouth, New Hampshire and in Portland, Maine. The firm represents municipalities and school districts in Maine and New Hampshire. In New Hampshire, Drummond Woodsum’s municipal team includes attorneys Matt Serge, Matt Upton, Keri Roman, Mark Broth, Anna Cole and Greg Im. The combined firms will be among the largest providers of legal services to the public sector in New Hampshire, enabling Drummond Woodsum and Gardner Fulton & Waugh lawyers to provide the greatest depth of service

and experience to New Hampshire towns, cities, counties and school districts. The combined firms will continue to provide services from offices in Lebanon, Manchester and Portsmouth, and will use the Drummond Woodsum name.

The merged firms will continue to provide New Hampshire municipalities with legal services in such areas as land use, planning, zoning and enforcement; ordinance drafting; shorefront access; tax abatement; general municipal matters; labor and employment; and litigation and appeals.

Drummond Woodsum attorneys also provide legal services to municipalities and school districts in the areas of municipal bonds, public finance, and environmental law. To learn more about the team of attorneys who serve municipalities and school districts across the state, visit dwmlaw.com.

Combining legal resources to benefit New Hampshire municipalities

TWO FIRMS BECOME

ONE TEAM law office of

GARDNER FULTON & WAUGH PLLC

Manchester

NEW

www.nhmunicipal.org

&

Lebanon Portsmouth

Drummond Woodsum’s Municipal Group will be even better equipped to serve municipalities through a merger with Gardner Fulton & Waugh.

1.800.727.1941

Questions about the merger? Visit Dwmlaw.com

JANUARY/FEBRUARY 2019

7

Judy A. Silva’s Retirement Party Judy A. Silva’s Retirement Party December 5, 2018 December 5, 2018 Common Man Restaurant, Concord Common Man Restaurant, Concord

Thank you, Judy, for your 27 years of service to New Hampshire’s cities and towns.

Thank you, Judy, for your 27 years of service to New Hampshire’s cities and towns.

8

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

DECEMBER Day Before New Year’s Day (NHMA Offices Closed) Monday, December 31, 2018

JANUARY New Year’s Day (NHMA Offices Closed) Tuesday, January 1 Webinar: Electronic Reporting for Trustees of Trust Funds Tuesday, January 8 12:00 p.m. – 1:00 p.m.

Webinar: 2019 State Legislative Preview Wednesday, January 9 12:00 p.m. – 1:00 p.m.

Moderator’s Workshop for SB 2 Meeting NHMA Offices, Concord Saturday, January 12 9:00 a.m. – 1:00 p.m.

Snow Date: Saturday, January 19 Workshop: Right-to-Know Law Workshop for Law Enforcement Wednesday, January 16 9:00 a.m. – 12:30 p.m.

Martin Luther King, Jr. Civil Rights Day (NHMA Offices Closed) Monday, January 21 Webinar: Municipal Trustees Training 101 Wednesday, January 23 12:00 p.m. – 1:00 p.m.

FEBRUARY Webinar: Something’s in the Air Wednesday, February 13 12:00 p.m. – 1:00 p.m.

Moderator’s Workshop for Traditional Town Meeting NHMA Offices, Concord Saturday, February 16 9:00 a.m. – 1:00 p.m.

Snow Date: Saturday, February 23 Presidents’ Day (NHMA Offices Closed) Monday, February 18

www.nhmunicipal.org

JANUARY/FEBRUARY 2019

9

State Aid To Municipalities:

Understanding Where We've Been and Where We're Heading

By Barbara T. Reid

T

he following is an excerpt from NHMA’s recently updated publication State Aid to Municipalities: History and Trends. To read to entire publication, which includes additional information and graphs, please visit the NHMA website at www.NHMunicipal.org.

Understanding the various types of aid provided by the State of New Hampshire to municipalities is critical to understanding the effect that state-level budgetary decisions have on local property taxes. With the property tax as the primary source of local revenue, reductions in any state aid program, or the shifting of state costs to municipalities, most often results in increased property taxes. This article explains the state aid programs relied upon by cities and towns as well as recent trends in funding those programs.

While a major category of state aid is educational funding to school districts, that money goes directly to school districts, not to cities or towns, except in the nine cities where the school district operates as a department of the city. Education funding received by school districts affects the local school property tax rate, not the municipal property tax rate, and is not the focus of this article.

The state aid schedule (Chart A) prepared by the New Hampshire Legislative Budget Assistant’s Office (NHLBAO) shows the three major categories of state aid to cities and towns: Environmental Flood Control Landfill Closure Grants Public Water System Grants (Moratorium since 2008) Pollution Control Grants Water Supply Land Protection Grants 10

NEW HAMPSHIRE TOWN AND CITY

General Funds Meals and Rooms Distribution State Revenue Sharing (Suspended 2010-2019) State Retirement Normal Contribution (Repealed 2013) Railroad Tax (RSA 82:31 and RSA 228:69) Highway Funds Highway Block Grants Highway Construction Aid Municipal Bridge Aid As illustrated in Graph B, state aid to municipalities significantly decreased in 2010-2014 as the state struggled to balance its own budget following the 2008-2009 recession. The use of one-time revenues or surplus funds accounts for the increase in 2018.

Meals and Rooms Tax Distribution History. When the meals and rooms tax was first enacted in 1967, the intent was to share the revenue with municipalities, with the state retaining 60% of the revenues generated from the tax and municipalities receiving 40%. The legislature decreased the municipal share several times (in 1977 and 1981) virtually freezing the funding below the 1976 level. It was not until 1993 that the meals and rooms tax statute was amended to provide a catch-up formula to reach the statutorily intended 60/40 split. The formula provided that 75% of the year-over-year increase in revenue from the meals and rooms tax, but not more than $5 million in any one year, would be added to the previous year’s municipal distribution.

The municipal share is distributed to cities and towns based on annual population estimates provided by the New Hampshire Office of Strategic Initiatives.

By Heather M. Burns

www.nhmunicipal.org

ute, RSA 31-A, was to “return a certain portion of the general revenues of the state to the cities and towns for their unrestricted use”. Chapter 5, Laws of 1970.

Chart A

Since 2010, the meals and rooms tax revenues grew by 58% from approximately $204 million to just over $322 million (an unaudited figure at the time of this publication). During this same period, the municipal share increased by only 24% due to the suspension of the catch-up formula for eight of the past ten years. Had the catch-up formula continued rather than being suspended for eight years, the December 2018 (state fiscal year 2019) distribution to cities and towns would have been approximately $96 million, or 30% of the meals and rooms tax revenues received the prior year, rather than $68.8 million (21%). www.nhmunicipal.org

Cumulatively, the suspension of the catch-up formula has resulted in a loss to municipalities of approximately $98 million from state fiscal years 2010-2019 (Graph C).

Revenue Sharing History. In 1969, reform of the way in which the state taxed businesses led to the implementation of the Business Profits Tax (BPT). This necessitated the elimination of antiquated taxes which were more reflective of an agricultural economy of the past. These taxes were assessed and collected by municipalities and were part of the property tax base for municipalities, school districts and counties. The initial intent of the revenue sharing stat-

Trends. Total revenue sharing in 1999 was $47 million. In 2000, as part of the statutory changes made to fund the state’s adequate education obligations, $22 million of revenue sharing that had been allocated to school districts became part of the adequate education aid funding. This left the balance of $25 million annually as general revenue sharing for municipalities and

STATE AID TO MUNICIPALITIES (Excluding Education)

Millions

Trends. In 2001, the state/municipal share was 82%/18%. As the meals and rooms tax revenues gradually increased, so did the municipal share of those revenues due to the catch-up formula described above. In 2010 the state/municipal apportionment reached 71%/29%, which was based on the actual tax revenues received in the prior state fiscal year. However, the catchup formula was suspended from fiscal years 2010 through 2014, 2016, 2018 and 2019 while revenue from the tax continued to increase often well in excess of the prior year. As a result, the municipal share dropped from the high of 29% in fiscal year 2010 to 21% in fiscal year 2019.

On March 31, 1970, in testimony on House Bill 1, then New Hampshire Attorney General Warren Rudman responded to concerns that future legislators may choose not to honor this commitment to municipalities to fund revenue sharing, stating: … It seems quite doubtful to me that once this bill is passed that any legislator would go back on its pledge to return revenue to cities and towns that originally belonged to those cities and towns. And I might also add, in passing, that I could hardly see a Governor signing a bill which would deprive cities and towns of the revenue which they once had.”

$180 $170 $160 $150 $140 $130 $120 $110 $100 $90 $80 $70 $60 $50 $40 $30 $20 $10 $0

Data Source: NHLBAO

Environmental Funding Highway Funds General Funding

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019 Budget

Graph B

JANUARY/FEBRUARY 2019

11

STATE AID from page 11 counties, which remained constant through fiscal year 2009. Since 2010, revenue sharing has been suspended resulting in a loss to municipalities and counties of $25 million per year, or $250 million cumulatively from fiscal year 2010-2019. The impact of this loss varies among municipalities, with deferred maintenance, use of reserves or fund balance, budget reductions and/or property tax increases among the common reactions to the loss of revenue sharing funds from the state.

Highway Block Grants History. Twelve percent (12%) of the total road toll (gas tax) revenue and state motor vehicle fees collected in the preceding state fiscal year are distributed to municipalities through a local highway aid formula. This money comes from the state highway fund, not the state general fund, and provides funding to maintain and improve Class IV and Class V municipal roads and highways. Supplemental funds totaling $400,000 are distributed pursuant to a statute that provides additional funds to those municipalities with higher local roadway mileages and lower property valuations.

Trends.

From fiscal years 2006 through 2010 the total amount of annual highway block grants varied from $28.5 to $30.5 million. In 2009 the legislature enacted a temporary 2-year state motor vehicle registration fee surcharge which increased both the amount of revenue in the state highway fund as well as the 12% share to municipalities in fiscal years 2011 and 2012, resulting in approximately $5 million more each year. This highly unpopular surcharge was repealed and block grant funding to municipalities returned to approximately $30 million per year from 2013 through 2015.

12

Meals & Rooms Tax Distribution to Municipalities

Millions

Per Catch-Up Formula

$100

Actual

$90 $80 $70 $60 $50 $40 $30 $20 $10 $-

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Graph C

In 2014 the legislature raised the road toll for the first time in 23 years, increasing the rate by approximately 4 cents from 18 to 22 cents per gallon of gasoline effective July 1, 2014. This increase raised an additional $33 million per year in highway funding of which 12%, or an additional $4 million per year went to municipalities.

Following a principle of “using onetime revenue for one-time expenses”, in 2017 the state appropriated an additional $30 million for municipal highways from anticipated general fund surplus from the biennium ending June 30, 2017. This money was in addition to the annual highway block grants funded from the state highway fund, was apportioned to municipalities based on the same formula as highway block grants and was available for the same municipal highway purposes as the block grants.

This additional funding is reflected in fiscal year 2018 and accounts for the significant increase that year in highway funding.

State Bridge Aid History. The State Bridge Aid program under RSA 234 provides that funding for construction or reconstruction of municipally owned bridges shall be borne 80% by the state and

NEW HAMPSHIRE TOWN AND CITY

20% by the municipality, subject to the available level of funding each year.

In 2015, 338 (20%) of the municipallyowned bridges were classified as “red listed” meaning the bridge was in poor condition, critically deficient and/or functionally obsolete. In 2017 under Senate Bill 38, the definition of red list bridges was modified. Previously the red list also included bridges with posted weight limits regardless of condition. This statutory change resulted in the removal of 71 bridges from the Municipal Red List. As of December 30, 2017, there were 252 municipal red list bridges out of 1,688.

Trends. Historically, State Bridge Aid had been budgeted at approximately $6.8 million annually which resulted in about a 10-year waiting list for state aid. Part of the revenue from the 2014 increase in the road toll discussed above was intended to double the amount of funding appropriated for municipal bridge aid, helping to reduce the 10-year waiting period to a more reasonable timeframe. However, this funding increase was short-lived with the fiscal year 2016-2017 budget appropriations dropping back down to the historic level of $6.8 million per year – with all of the appropriation coming from the 4-cent road toll increase, which was supposed to sup-

www.nhmunicipal.org

www.nhmunicipal.org

While this future state funding for wastewater projects remains uncertain, funding for drinking water projects appears available. The NH Drinking Water and Groundwater Trust Fund Commission awarded $34.7 million in grants and loans for 21 projects in 2017, and $24 million for 19 projects in 2018. Since a significant portion of these awards were for low interest loans that will be paid back into the trust fund over time, it is planned that trust fund assets will be available to fund similar projects for at least the next two decades.

New Hampshire Retirement System History. The New Hampshire Retirement System (NHRS) was established in 1967 to consolidate and replace four separate pension plan systems. NHRS is a public employee retirement system that administers one cost-sharing, multiple-employer pension plan providing a defined benefit annuity based upon a statutory formula, disability, and survivor benefits, for all full-time state employees, public school teachers and administration, permanent police

(Per $100 of Compensation) Employees

Teachers

Police

Fire

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

State Share of Employer Contributions for Teachers/Plice/Fire: 2002-2009 = 35% 2010 = 30% 2011 = 25% 2012-2021 = 0%

2006

34 32 30 28 26 24 22 20 18 16 14 12 10 8 6 4 2 0

2005

In 2016 the state created the NH Drinking Water and Groundwater Trust Fund to provide for the protection, preservation and enhancement of the drinking water and groundwater resources of the state. This trust was initially funded with $276 million from a 2016 lawsuit against ExxonMobil involving the gasoline additive MtBE. Authorized expenditures from

million over the next twenty years if the moratorium is lifted.

NHRS Local Employer Rates - Net of State Contributions

2004

History.

Municipalities received grants from the NH Department of Environmental Services for the construction, improvement and expansion of municipal wastewater and public drinking water facilities, and also for assistance with the cost of landfill closures. Under these programs, municipalities finance the full cost of the project up-front, complete construction and then apply for payment of the state share, which is 20% to 30% of the eligible project costs, usually paid by the state over the amortization period of the municipal financing (bonding or borrowing from the state revolving loan fund).

2003

Environmental Grants

Trends. The amount of the environmental grants from the state general fund began declining in 2008 with funding in 2013 less than 32% of the funding in 2005 ($5.6 million vs. $17.6 million). As part of the 20102013 budget reductions, the state only funded its obligations for grants approved through 2008. This left municipalities to pick up the anticipated state share ($53 million) for 127 previously approved and completed infrastructure projects - projects which were “sold” to property taxpayers based on financial commitments from the state. As part of the fiscal year 2014/2015 biennial budget, funding was restored for all projects. However, a moratorium was placed on funding any new environmental infrastructure projects that did not have local financing authorization

by December 31, 2008. As of 2018, there were nearly 70 wastewater projects that would qualify for state aid of $93

2002

An additional $2.5 million was provided in municipal bridge aid for fiscal year 2017 which came from surplus funds in the Department of Transportation’s winter maintenance budget due to the mild winter. For 2018, an additional $6.8 million was appropriated for municipal bridge aid, coming from the anticipated June 2017 state general fund surplus similar to the additional highway block grant funding explained above. For 2019 an additional $10.4 million was appropriated for municipally-owned “high traffic volume” bridge projects. This influx of additional state funding for municipal bridges over the past several years has helped to reduce the waiting period for all municipalities on the list for state bridge aid.

the trust include competitive costsharing grants and low interest loans to municipalities and municipallyowned water utilities, with administration of the trust fund vested in an eighteen-member commission comprised of state and local officials, as well as business and public members.

Contribution %

plement, not supplant, the bridge aid provided through the highway fund.

Graph D

JANUARY/FEBRUARY 2019

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STATE AID from page 13 officers, and permanent firefighters.

Full-time employees of political subdivision (county, municipal or school district employees) are also eligible to become members of the NHRS if the local governing body elects to participate, which most have. NHRS also administers cost-sharing multipleemployer healthcare plans, known as Other Post-Employment Benefit (OPEB) plans, which provide a medical insurance subsidy to qualified retired members. As of June 30, 2017, there were 47,886 active members of the NHRS and 35,694 retired members (including beneficiaries).

Trends. Funding for the NHRS comes from three sources: investment earnings, employee contributions, and employer contributions. Investment earnings fluctuate from year to year, with annual returns in the past 20 years reaching as high as 23% and as low as -18%. Over the long term, investment earnings provide anywhere from two thirds to three quarters of the funds needed to pay for pension benefits. For projection purposes, an “assumed rate� of investment return is adopted by the NHRS Board of Trustees. This assumed rate had been as high as 9.5% but was gradually lowered to the current rate of 7.25% for use in projecting future investment earnings. Lowering the assumed rate

of future investment earnings results in higher employer contributions as explained below.

Employee and Employer Contribution Rates. The employee contribution rates are set by statute and are currently 7% for employees and teachers (Group I), and 11.55% for police and 11.8% for firefighters (Group II) effective July 1, 2011.

While employee rates are set by statute and have changed only once in the past 20 years, employer rates are adjusted every two years based upon an actuarial valuation to ensure adequate funding for future pension liabilities.

Through these biennial rate adjustments, employers not only contribute toward their current employees’ retirement, but also bear the full financial burden of any funding shortfalls in the system, whether those shortfalls are the result of poor investment returns, insufficient funding in the past, losses from actuarial assumptions regarding member demographics (such as when employees will retire, their age at retirement, how long they will live after retirement, and their earnable compensation), or increases in liabilities from statutory changes to the plan design. Lowering the assumed rate of future investment returns has a direct impact on future employer rates since it is the employer rates that fluctuate biennially to insure the system is ad-

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equately funded.

State Contribution for Teachers, Police and Firefighters. The State of New Hampshire had funded a portion of the normal retirement costs for teachers, police and firefighters, a practice that dated back to 1940 under the predecessor retirement systems. Since 1977, the state contribution had been set by statute at 35% of the cost, with municipalities, counties and school districts paying 65% of the cost for teachers, police and firefighters. (Municipalities, counties and schools paid 100% of the cost for all other employees enrolled in the NHRS.) The state contribution rate was lowered to 30% in 2010, to 25% in 2011, to $3.5 million in 2012 and then eliminated in 2013. This resulted in local governments paying 100% of the retirement costs for teachers, police and firefighters in 2013 and beyond.

Graph D illustrates the local government employer contribution rates for every $100 of compensation from 2002 through 2021. The significant increases in the rates from 2010 to 2015 are primarily the result of elimination of the state contribution, reductions in the assumed rate of return, and investment losses from the 20082009 recession.

As the Governor and Legislature begin creating the state budget for the fiscal year 2020-2021 biennium, municipal officials are urged to talk with their respective Representatives and Senators about the importance of funding these state aid programs and the impact it has had on municipal operations and local property taxes.

Barbara T. Reid is the Government Finance Advisor for the New Hampshire Municipal Association. She can be reached by telephone at 603.230.3308 or by email at breid@nhmunicipal.org.

Email: info@roberts-greene.com

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Warrant Article 101: The Basics of Warrant Article Origin, Content, Legality and Amendment

By Stephen C. Buckley

A

fter months of preparation, it is time to assemble the warrant, the centerpiece of New Hampshire’s town meeting. This article will cover the fundamentals of who authors warrant articles, provide guidance on the recommended content of a warrant article, address how to handle articles that might be deemed illegal and consider the extent to which a warrant article can be amended by town meeting. Most warrant articles are drafted by the Select Board, however, zoning amendment articles are presented by the Planning Board, governing body or by petition; the Official Budget Committee prepares the budget article; and, citizens can submit petitioned warrant articles.

Warrant Article Origin The content of warrant articles is primarily drafted by the governing body, who may prepare and add warrant articles until the warrant is posted (although some articles, including those for appropriations and zoning, must comply with public hearing requirements).

When zoning is involved, only the planning board may propose the initial enactment of a zoning ordinance. RSA 675:3, I. Amendments to an existing zoning ordinance may be proposed by the planning board, the governing body or by citizen petition. RSA 675:3, I; RSA 675:4. During the public hearing process, the planning board may change the wording of articles it has proposed, but not those proposed by the governing body or by petition. Once the wording is final, the proposals go to the municipal clerk. The clerk, typically with assistance from the planning board, prepares the question for the official ballot using the language required in RSA 675:3, VII, and inserts a topical description of the subject of the proposed amendment. The clerk also notes on the ballot when an amendment is submitted by the governing body or by petition and includes the planning board’s approval or disapproval of the article.

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The budget is prepared by the official budget committee, if any, or otherwise by the governing body. RSA 32:5, I. It may appear as a single proposal, a variety of individual warrant articles or a combination of the two. Individual appropriations articles may also be submitted by the governing body and by citizen petition. RSA 31:131; RSA 39:3. The budget committee controls the content of the budget it is proposing, but not the articles proposed by the governing body or by petition. Once the budget and other articles containing appropriations are in final form, they are submitted to the governing body for placement on the warrant.

25 or more registered voters may petition the governing body to place an article on the warrant (or 2 percent of the registered voters in town, whichever is less, although in no event fewer than 10 registered voters). RSA 39:3. The petition must be presented to the governing body not later than the fifth Tuesday before the date of the annual meeting (in SB2 towns the deadline is set in RSA 40:13 and is roughly 4 weeks before the Deliberative Session). The governing body is obligated to insert a petitioned article into the warrant with only such minor textual changes as may be required, and those corrections cannot change the intended effect of the petitioned article.

Warrant Article Content The content of warrant articles is either prescribed by statute or is governed by common law and statutory ground rules, especially as applied to articles that contain appropriations. In many instances the legislature has provided the language of a warrant article in order to implement enabling statutes. For instance, the language for a warrant article that would adopt a special revenue fund under RSA 31:95-c and RSA 31:95-d is described in great detail with required statements of dollar amounts and revenue sources to fund the special revenue fund. By comparison, in many instances enabling statutes simply permit the enactment of local JANUARY/FEBRUARY 2019

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WARRANT ARTICLE 101 from page 15 bylaws on a particular subject without specifying warrant article language, such as a conflict of interest ordinance under RSA 31:39-a. However, even though enabling legislation prescribes the form of questions to be presented to town meeting, that language is only advisory. RSA 31:130 provides that municipal legislation is not to be declared “invalid for failure to conform to the precise wording of any question prescribed for submission to voters, so long as the action taken is within the scope of, and consistent with the intent of, the enabling statute or statutes.”

When drafting warrant articles containing appropriations, always be sure the wording of an appropriation is clear enough to let the governing body know how much flexibility it has. The amount of freedom the governing body has depends on how specific the purposes in the warrant article are.

For example, consider a separate article which states: “… to raise and appropriate $____for a new grader to be purchased from Town Graders, Inc. of Concord.” This wording is probably too specific because it limits the options of the officials making the purchase. It could be construed to prohibit purchasing from another dealer. What if that vendor does not have any graders at that price? What if it can be obtained for less money from another vendor? On the other hand, an article that says “equipment” instead of “grader” may not be specific enough and may lead voters to amend the article to more specifically define the action that may be taken by the governing body, thus keeping the reins on their officials.

Warrant articles containing appropriations must also comply with RSA 32:5, III and have all appropriations 16

stated on a “gross basis,” meaning that all anticipated revenue from all sources, not just tax money, must be shown as offsetting revenues to the amounts appropriated for specific purposes.

Revenues other than taxes raised may include grants, gifts, bond issues and proceeds of the sale of municipal property. With a few exceptions, revenues not appropriated cannot be spent.

This rule follows logically from the principle that all expenditures—not just tax expenditures—must be supported by legislative body appropriations. RSA 32:8.

‘Illegal’ Warrant Articles Each year, town meeting season in New Hampshire is marked by a crop of well-intentioned, yet probably illegal, warrant articles. The suggestions below may be helpful to local officials as they try to determine how to handle questionable articles.

An “illegal” warrant article is one that cannot have any legal effect even if town meeting approves it, usually because it violates some provision in the law. There are many ways an article may violate the law. It might give a board or official the authority to take some action that is not authorized by law, such as an article that orders the board of selectmen to appoint the town clerk (illegal because RSA 41:16 requires the town clerk to be elected).

An illegal article might include an appropriation of town funds for a purpose not permitted by law, such as a purely charitable donation for which the town receives nothing in return (no “quid pro quo”). Opinion of the Justices, 88 N.H. 484 (1937). Yet another kind of illegal warrant article is one where the subject matter was not included on the posted warrant. This would violate the requirement in RSA 39:2 that “the subject matter of all business to be acted upon at the town meeting shall be distinctly stated in the warrant.” In addition, even if the

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subject matter is legal, there may be a procedural error in an article that affects its validity, such as citing to the wrong enabling statute or failing to meet statutory requirements for filing or notice.

Such potentially illegal articles can arise in one of several ways. The governing body may receive petitioned warrant articles from the voters. Municipal boards or committees may propose articles to the governing body that the governing body decides to include in the warrant. And of course, town meeting may amend many kinds of warrant articles on the floor at an official ballot referendum system (SB 2) deliberative session or during the business session of a traditional town meeting and these amendments can turn an otherwise legal article into something unenforceable.

What should a select board do when it receives a petitioned warrant article that may or may not be legal? The first step is to check whether the article meets the procedural requirements of RSA 39:3; enough signatures and timely submission to the Select Board.

If the article passes this threshold test, the select board must include the article in the warrant “with only such minor textual changes as may be required.” In other words, the selectmen may make minor grammatical changes and typographical corrections to make the article more understandable or correct a clear mistake but cannot make any changes to the substance or meaning of the article and such corrections shall not in any way change the intended effect of the article as presented in the original language of the petition. It is always advisable to check with the town attorney before doing this, however, to be sure that the editorial changes do not go beyond what RSA 39:3 allows.

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If the substance of an article is questionable and the select board cannot fix it with the minor changes the law allows, the board must decide whether to include it in the warrant. This decision is rather complex because it is not clear under the law exactly when the board can refuse to put a petitioned article on the warrant. On one hand, the New Hampshire Supreme Court has said that if the select board receives a petitioned warrant article that calls for the town meeting to take an action not authorized by law, the select board is not required to place it on the warrant. Levasseur v. Selectmen of Hudson, 116 N.H. 340 (1976). The Court has also found that the select board does not have to call a special town meeting if the petitioned article involves an action prohibited or limited by statute. Winchester Taxpayers’ Ass’n v. Board of Selectmen, 118 N.H. 144 (1978).

On the other hand, the Court has re-

ferred to the inclusion of petitioned articles on the warrant as a “right,” indicating that they must be included on the warrant. Woodside v. Selectmen of Derry, 116 N.H. 606 (1976). While these mixed decisions might create confusion, it may help tip the scales to note that RSA 39:3-b would impose the penalty of a violation if the select board refuses to include a petitioned article in the warrant.

It is therefore recommended that the board should include these articles in the warrant unless it has received a clear legal opinion from a court that the article is illegal and can be omitted. The board might seek a written opinion from the town attorney on the legality of an article and it can be helpful for the board or the attorney to share that opinion and explain the problem to voters at the meeting. This ensures that the article is at least con-

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sidered by voters, which is the purpose behind RSA 39:3.

Amendments to Warrant Articles Once the public hearings are over and the warrant is drafted and posted, it is up to the moderator—with the assistance of other officials, staff and the town attorney—to make sure that the town’s business is accomplished fairly and efficiently at the annual meeting.

There is no way to fully anticipate and prepare for a crucial legal issue that can arise whenever a voter at town meeting makes a motion to amend a warrant article. Would the proposed amendment violate a statute and thus make the article unenforceable?

When an amendment is offered, the moderator must determine whether it impermissibly adds a new purpose to the warrant article. This fundamental

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WARRANT ARTICLE 101 from page 17 principle of town meeting is set out in RSA 39:2, which provides in part: The subject matter of all business to be acted upon at the town meeting shall be distinctly stated in the warrant, and nothing done at any meeting, except the election of any town officer required by law to be made at such meeting, shall be valid unless the subject thereof is so stated.

“It has long been the law of this state that the purpose of this requirement ‘is to inform the inhabitants of the business upon which they are called to act in the meeting,–to bring before the town substantially and intelligently the subject with which it has to deal.” Opinion of the Justices, 101 N.H. 544 (1957). More recently, in Grant v. Barrington, 156 N.H. 807, 811 (2008), the Court described the purpose of RSA 39:2 in the context of an official ballot referendum (SB 2) town meeting: [t]he prohibition against changing the subject of a warrant article is to ensure that subjects that were not noticed to voters are not inserted into the articles at the deliberative session. This protects the voters who decided not to attend the first session from new subjects being addressed about which they had no notice and therefore did not have an opportunity to consider when deciding whether they were interested in attending the deliberative session.

This is what is described as the “stayat-home test” for determining whether an amendment impermissibly introduces a new subject.

Consistent with RSA 39:2, RSA 32:6 requires that the “purpose” of any appropriation must appear in the budget (MS-636 or MS-737 form posted with 18

the warrant) or in a special warrant article. The statute adds that the legislative body may vote to appropriate more than or less than the amount recommended in the budget or warrant article. RSA 32:10, I (e) specifies that the voters may ensure that no money is spent for a given purpose by deleting a line in the budget form or reducing it to zero. In terms of permissible amendments at town meeting, these statutes mean that the voters may not add a new purpose of appropriation that is not in the posted warrant and budget, but amendments may increase or decrease a proposed appropriation or eliminate a purpose of appropriation.

The Department of Revenue Administration (DRA) considers the following amendments from the floor of the meeting as a change in the subject matter of the warrant article and will disallow them: • Naming agents to expend capital reserve funds or town-funded trust funds when the article as posted in the warrant did not name agents.

• Changing an article from appropriating money for a capital reserve or trust fund to expending the money in the current fiscal year. In other words, an amendment to buy the police cruiser now instead of putting the money in the police cruiser capital reserve fund (or vice versa).

• Designating an appropriations article as “non-lapsing” when the article as posted did not.

However, DRA has generally found acceptable an amendment to switch from one source of funding to another, such as an amendment changing the source of revenue from a capital reserve fund withdrawal to general taxation.

The Ten Percent Rule. The final clauses in both RSA 39:2 and RSA

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32:6 provide that no amendment to increase appropriations is valid if it violates RSA 32:18, the “ten percent rule” in towns with official budget committees. The total amount appropriated by the meeting, including amounts appropriated in special and separate warrant articles, cannot exceed the total recommended by the budget committee by more than 10 percent. RSA 32:18. The 10 percent calculation is computed on the total amount recommended by the budget committee, less that part of any appropriation item which constitutes “fixed charges.” Fixed charges include appropriations for principal and interest payments on bonds and notes, as well as mandatory assessments imposed on towns by the county, state or federal governments. (The 10 percent rule can be overridden by a proper warrant article in the case of a bond request.

RSA 32:18-a.)

The statute is silent as to what happens if the total appropriations at a given meeting do exceed the recommended budget plus 10 percent. Generally, DRA will disallow on a “last voted, first out” basis. Therefore, it is important to consider the order in which the warrant articles will be voted. We recommend that priority articles, like the operating budget, be placed on the warrant before other articles. However, the voters can still change the order in which the warrant articles are addressed and voted upon.

RSA Chapter 33, Bond Articles.

The procedure for authorizing longterm borrowing must comply with RSA 33, the Municipal Finance Act. Towns must be particularly careful to avoid errors. Bond articles for amounts in excess of $100,000 require a public hearing with newspaper publication of a notice of “the time, place and subject” of the hearing. Thus, any amendment to a bond article must satisfy not only RSA 39:2, but must www.nhmunicipal.org

also not change the “subject” for purposes of RSA 33:8-a, I. Given the level of scrutiny, amendments to bond articles should be treated conservatively.

Check with bond counsel if an amendment is anticipated.

Warrant Article Language Prescribed by Statute. Some statutes prescribe the language of the warrant article that must be used to exercise certain authority. Examples: RSA 31:5, III, contingent authorization for special town meeting if cost items of a collective bargaining agreement are not approved.

RSA 31:95-d, creation of special revenue fund.

RSA 36-A:4-a, II(b), authorizing conservation commission to expend funds to help third-party organizations to acquire conservation easements.

RSA 79-A:25-b, I (c), separate accounting for land use change tax revenues.

RSA 289:6, II-a, delegating duties of cemetery trustees to board of selectmen.

RSA 31:130 provides that the prescribed language is advisory only, and failure to conform to the precise wording does not invalidate the vote “so long as the action taken is within the scope of, and consistent with the intent of, the enabling statute or statutes.” Thus, there is some room for selectmen or petitioners to deviate from the prescribed language in drafting the warrant article.

However, it appears that the voters are not intended to have an opportunity to amend many such articles at town meeting. RSA 39:3-d, II(b) provides that an article that prescribes the wording of a question may, but need not, be placed on the official ballot “unless a contrary intent is specified.”

If the official ballot is not used, the prescribed wording shall be placed on the warrant and “may be placed on a preprinted ballot to be acted upon in

open meeting in the same manner as a secret ‘yes-no’ ballot under RSA 40:4a.” At SB 2 deliberative sessions, “[w] arrant articles whose wording is prescribed by law shall not be amended.”

RSA 40:13, IV(a). Check each statute for its intent.

RSA 40:13, IV(c), SB 2 Deliberative Session Restrictions. Moderators in towns with SB 2 town meetings face the additional issue of whether a proposed amendment at a deliberative session will violate RSA 40:13, IV(c), which provides: No warrant article shall be amended to eliminate the subject matter of the article. An amendment that changes the dollar amount of an appropriation in a warrant article shall not be deemed to violate this subparagraph.

The role of the first session, in addition to providing information and debate, is to decide the final form of ballot questions. Except where the

Resources for Drafting Warrant Article Content Drafting Using the Municipal Tax Rate Setting Portal (MTRSP): The NHDRA portal allows a municipality to copy and reuse the prior year annual warrant, which then can be edited to fit the current year circumstances.

The MTRSP will also generate warrant article content using NHDRA template language by default. In the alternative, a municipality can “start anew” and not use MTRSP suggested language.

Drafting from NHDRA Technical Assistance Materials: NHDRA provides a technical assistance guide entitled Suggested Warrant Articles for Towns, Village Districts, School Districts, Regional School Districts at the following URL: https://www.revenue.nh.gov/mun-prop/ municipal/documents/suggested-warrant-articles.pdf

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JANUARY/FEBRUARY 2019

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WARRANT ARTICLE 101 from page 19 wording of a question is prescribed by law, all warrant articles, including petitioned articles, may be amended.

RSA 40:13, IV and RSA 40:13, VI. However, amendments must relate to the general subject matter of the article and may not eliminate the subject matter entirely. RSA 40:13, IV(c).

Adding the word “not” to make an article negative is also a risky move and is not advisable.

The New Hampshire Supreme Court recently addressed the meaning of “eliminate the subject matter of an article” found in RSA 40:13, IV(c).

Cady v. Town of Deerfield, 169 N.H. 575 (2017). Deerfield is an “SB 2” Official Ballot Referendum municipality.

The Town had received two petitioned warrant articles that proposed making the positions of welfare director and police chief elected offices with stipulated annual salaries. By amendment

at the deliberative session, both articles were revised to state that the town meeting would express the advisory view that both the police chief and welfare director should remain appointed positions with nothing stated about annual salaries.

The Court determined that the term “subject matter” in RSA 40:13, IV(c) was ambiguous. Looking to the legislative history, the Court decided that the statute was intended to prohibit warrant articles from being amended in a manner that eliminates their subject matter entirely, thereby making it impossible for voters at the second session to determine what the article is about. Although these amendments substantially changed the original articles, the subject matter—the welfare director and police chief positions— remained the same. The Court also rejected the petitioner’s argument that voters are prohibited from changing

the intent of an article, noting that this would require the Court to read the word “intent” into the statute.

Since the warrant article amendments still reflected the same intent of determining how the welfare director and police chief positions are to be filled, those amendments were permitted.

Accordingly, deliberative session amendments to warrant articles in an SB2 town may substantially change a warrant article, provided the subject matter is not effectively eliminated.

This means that, as long as the subject matter remains the same, the intent of the article may be changed by amendment.

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.

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Financial Planning for Elected Officials

By Dave Callister

A

s an elected official, you play an important role in ensuring tax dollars are spent wisely and that your city is able to continue providing services and infrastructure taxpayers expect. Financial planning is the cornerstone of a successful city, so you need to make it a priority.

Arm yourself with baseline knowledge about your city’s finances, so you can ask key questions and make sure your city is making sound financial decisions.

Cultivate long-term stability Financial planning is essential to a strategic, long-term approach to financial management. It may help your city avoid costly or ill-timed investments, reduce its reliance on debt, and maintain stability in the face of economic uncertainty.

A good long-term financial plan should help you adopt a big-picture perspective and prepare for a variety of future scenarios and outcomes. It should include an analysis of the city’s finances, reliance on debt, revenue and operating expenditure trends, capital improvement plans, tax base growth, staff additions, key initiatives, and financial strategy. As summarized by the Government Finance Officers Association (GFOA), long-term financial planning is important because it can help: • Determine financial position and condition.

• Build the case for action.

• Build accountability and trust with residents.

Most long-term financial plans cover five to 10 years, but some plans forecast as far as 20 years into the future to help the city better project infrastructure or facility needs. The range of time will fluctuate depending on the city’s priorities and key financial issues. You can always start small and expand your time horizon.

Your city should update its financial plan annually—it can serve as an important forecasting tool and resource during the budget process. www.nhmunicipal.org

Understand key documents While a variety of factors affect a city’s financial health, developing a suitable combination of planning tools allows elected officials and staff to better manage financial impacts.

Financial plans, projections, forecasts, and studies are tools that can help evaluate a city’s current position and identify trends to develop a proactive long-range approach.

Some key documents include: • Biennial budget. State law requires cities to adopt an operating budget annually, but some cities opt for a two-year budget to streamline the budget-development process. Through this model, cities work ahead with a second-year budget concept, which allows for flexibility in case of unanticipated events or economic changes.

• Capital improvement plan. A multiyear projection of the capital replacement costs and capital needs assists with budget preparation by detailing upcoming capital expenditures and identifying anticipated funding sources. A capital improvement plan does not give authority to spend, but serves as a planning tool. Keep in mind that individual purchases and projects must still be approved in accordance with your city’s purchasing policy.

• Annual financial report. Annual financial reports provide detailed information regarding the city’s financial status, practices, and past trends.

• Debt study. A debt study also helps guide future decisions by assessing current debt levels and financing needs to maintain appropriate and manageable use of debt.

• Utility rate study. A regular evaluation of residential and commercial rates for utilities (e.g., sewer and water) helps maintain consistency and ensures rates will adequately cover future operating and capital costs.

• Other studies. Additional studies, such as street replacement and park replacement, help ensure JANUARY/FEBRUARY 2019

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FINANCIAL PLANNING from page 21 adequate funding is available for infrastructure maintenance and replacement.

Understanding these documents will help ensure your city’s fiscal stability.

Also keep these tips in mind: • Do not use an annual operating surplus to support ongoing operations, as it may create gaps in future budgets.

• Use annual surplus to add to reserves, or for one-time or non-recurring expenses or capital needs.

• Do not fixate on tax levy freezes every year, but rather work to stabilize annual levies over time.

• Do the appropriate long-range fiscal planning to provide stability to your annual budget and levy.

Use of debt as a strategy

Ask key questions

While debt should be minimized as much as possible, sometimes it is necessary to issue debt. Debt management is a vital part of a city’s financial strategy.

As an elected official, you won’t know the ins and outs of the city’s finances like your staff does. So, throughout the financial planning and budgeting process, be sure to ask questions. Here are some specific questions you can ask:

Debt is an important and flexible revenue source that may allow your city to complete necessary capital improvement projects sooner. Debt can also reduce long-term costs due to inflation, prevent lost opportunities, and equalize the costs of improvements to current and future residents.

One of the primary goals in debt management is to stabilize the overall debt burden and future tax levy requirements to ensure that issued debt can be repaid. A high level of debt places a financial burden on taxpayers and can stress the local economy.

• What are the major financial documents I should pay attention to?

• Which key components within the city’s financial documents should I focus on?

• What is the council’s involvement in reviewing and approving expenditures?

To learn about the city’s financial health, ask these questions:

• Does the city have debt? If so, how much and what are the terms?

• What are the available reserve balances in each fund?

Encourage your staff to talk to your • What are the annual expenditures city’s financial advisor about looking and trends over the past few years? for ways to pay off debt early to elimi • What are the annual revenues and nate future debt levies, refinancing for projected revenues? a lower interest rate, or restructuring • Does the city have long-range fidebt repayment schedules. nancial forecasts?

• What are funds the but assumptions in-what to do? Then thi Have you recently been elected or appointed to the office of trustee of trust have no idea session is for you!Maintaining Presenter Terry will explain the duties, cluded responsibilities, and reporting requirements of the office highKnowles bond ratings is benin the forecasts, studies, or and how the trustees interact with other municipal officials.

In addition, attendees will receive information on the newly It’s what’s underneath eficial in keeping interest rates low long-range planning documents? reporting requirement and demonstrating sound financial • Does the city have a history of that counts stewardship to potential investors. meeting its budget each year? wastewater, water, stormwater Top bond ratings help cities achieve • What monthly or quarterly finanroads, solid waste, planning the best possible value for residents cial information should I expect design, construction services because they reduce the amount of into receive? funding, municipal services terest paid, which directly affects the Trustees of Trust Funds are responsible for the custody of municipal money placed into expendable trusts and capital reserve amount of property taxes required to By getting answers to these questions, funds, the rules for which are somewhat different than private funds held in trust. This session will explain those differences civil & becoming familiar withforkey off the debt.funds and expendable trust along focusing on whenpay capital reserve shouldwith be established; the process establishing, adding to environmental documents, you will have a good start and withdrawing from the funds; and the proper documentation for establishment, appropriations, and withdrawals. Addi engineering High bond ratings also demonstrate on doing your part to make sure your competency to residents and busicity is financially stable. nesses, and are indicative of a city’s financial health and reputation. Rating Reprinted with permission from Minneagencies look favorably on cities with Concord, NH 603.230.9898 sota Cities, a publication of the League Portsmouth, NH 603.436.6192 long-range financial plans. of Minnesota Cities, copyright 2018.

10 forms. The portal stream www.underwoodengineers.com

friendly interface that allows a direct data upload. This session will provide an overview of the system, including its features and functions.

22

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Scenes from NHMA’s 77th Annual Conference NHMA welcomed over 570 municipal officials from across the state who recently attended the 2018 Annual Conference and Exhibition at the new Hilton DoubleTree Manchester Downtown Hotel on November 14-15.

The Association would like to extend our sincerest thank you to the businesses and organizations that supported our 2018 Annual Conference as a sponsor and/or exhibitor. We were excited that we had so many new exhibitors this year and we hope you got the chance to meet with these exhibitors to learn more about the products and services that municipalities utilize every day. This annual event would not be possible without the support of these businesses and organizations and we truly appreciate their contribution.

NHMA Executive Director Judy Silva presented the Grand Prize gift to Gold Ticket Raffle Winner Warren Coulter, Chairman of the Trustees of the Trust Fund in the Town of Hollis. Congratulations Warren!

NHMA’s outgoing Executive Director Judy Silva holds up her engraved Simon Pierce pitcher, which was a gift presented by the NHMA Board of Directors in recognition of her 27 years of service to NHMA.

at to do? Then this ments of the office ation on the newlyorting requirements Always a hit where ever he goes, USEPA’s “Septic Sam” (in middle) gets friendly support from Anthony Drouin, Environmentalist IV (left), and Ray Gordon (right), Administrator, Residuals Management Section with the New Hampshire Department of Environmental Services. “Septic Sam” is part of USEPA’s Be SepticSmart education campaign.

and capital reserve n those differences, ablishing, adding to, withdrawals. Addi-

The portal streamfriendly interface and functions.

Members had many choices with over 50 program sessions offered on a variety of subjects, including small cell wireless facilities, local driveway policies, cybercrime and fraud, land use laws, mediation tactics, supervising multi-generations, 2020 Census, sexual harassment, recycling, strategic governance, outdoor recreation, investigating junkyard complaints and much more.

www.nhmunicipal.org

JANUARY/FEBRUARY 2019

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A Special Tribute Judy A. Silva Brings Her Distinguished Career to a Close after 27 Years of Service to New Hampshire’s Cities and Towns

Judy A. Silva

From From Staff Staff Attorney Attorney to to Executive Executive Director: Director: Rising Rising Through Through the the Ranks Ranks Judy Judy first first joined joined the the Association Association in in March March of of 1992 1992 as as aa staff staff attorney attorney answering answering legal inquiries from municipal officials.

Prior to joining the Association, legal inquiries from municipal officials. Prior to joining the Association, Judy Judy spent spent eight eight years years with with the the Public Public Defender’s Defender’s Office Office and and with with aa private seacoastlaw lawfirm. firm.

At the time, time, Judy Judysaid saidshe shewas wasattracted attracted At the to to theNHMA NHMAand and municipal municipal law law bebecause cause ““there’s there’s something something real real grassroots grassroots about about it. it. All All these these people people are are trying trying to to

hold together together their their towns, towns, while while holding holding down down jobs jobs and and spending spending time time with with their their hold families.” families.”

Over she worked worked in in various various capacities capacities focusing focusing on on legal legal isOver many many years years to to come, come she issues sues and and legislative legislative advocacy. advocacy. Judy Judy was was appointed appointed Government Government Affairs Affairs Counsel Counsel in 1999 and Director of Legal Services for the Local Government Center in 1999 and Director of Legal Services for the Local Government Center (LGC) (LGC) in 2009. in 2009.

In In 2013, 2013, she she was was appointed appointed Executive Executive Director Director of of the the Association, Association, having having served served as as Interim Interim Executive Executive Director Director since since March March 2013.

2013. Judy Judy always always conducted conducted her her duduties and commitment to the Association with the highest degree of professionalties and commitment to the Association with the highest degree of professionalism. ism. Her Her decisions decisions and and legal legal advice advice have have always always been been based based on on careful careful considerconsideration ation of of the the applicable applicable law, law, recognizing recognizing that that the the Association Association is is aa unique unique instituinstitution tion within within the the state. state. State State officials officials and and legislators legislators alike alike came came to to rely rely upon upon and and respect Judy for her sound legal advice and for her staunch advocacy. respect Judy for her sound legal advice and for her staunch advocacy.

Judy Judy has has also also represented represented New New Hampshire’s Hampshire’s municipal municipal interests interests through through participarticipation pation at at the the federal federal level level with with the the National National League League of of Cities Cities (NLC).

(NLC). In In 2015, 2015, Judy the NLC’s NLC’s 2016 2016 Board Board of of Directors.

Directors. Over Judy was was elected elected to to aa two-year two-year term term on to the Over the next two years, Judy participated in six Board of Directors meetings at NLC the next two years, Judy participated in six Board of Directors meetings at NLC convenings convenings in in Washington Washington and and across across the the country country and and helped helped guide guide NLC’s NLC’s strastrategic tegic direction direction and and set set the the organization’s organization’s advocacy advocacy priorities priorities and and operational operational goals. goals.

As As Judy Judy winds winds down down her her long long and and illustrious illustrious career career at at the the New New Hampshire Hampshire MuMunicipal Association, she will leave a legacy of which she can be proud.

Throughnicipal Association, she will leave a legacy of which she can be proud. Throughout out her her entire entire career, career, Judy’s Judy’s allegiance allegiance and and dedication dedication to to the the Association Association have have been without equal.

This has been clearly evident throughout her various roles been without equal. This has been clearly evident throughout her various roles at at the the Association, Association, rising rising from from the the ranks ranks of of staff staff attorney attorney to to executive executive director. director.

Milford’s Town Administrator, Mark A. Bender, Recognized for Outstanding Legislative Advocacy

Left to right: NHMA Government Affairs Counsel Cordell A. Johnston; Mark Bender, Milford’s Town Administrator, this year’s recipient of NHMA’s Russ Marcoux Municipal Advocate of the Year Award; and NHMA Executive Director Judy A. Silva

Each year, the Russ Marcoux Municipal Advocate of the Year award is given by NHMA staff based on their interactions with municipal officials during the legislative session. NHMA established this award in 2011 to recognize an elected or appointed local official for his or her non-partisan contributions toward the advancement of NHMA’s legislative policy goals and for the advocacy of municipal interests generally.

In 2011, NHMA staff selected Russ Marcoux, Town Manager in Bedford, as the first-ever recipient of the Municipal Advocate of the Year award because Russ did all the things NHMA wants members to do in support of its legislative policy and to enhance the success of its legislative agenda. Russ passed away just days before the 2011 Have recently elected appointed theaward officeor of that trustee funds but have Annual Conference and heyou never knewbeen NHMA hadorcreated suchtoan he of hadtrust been selected the no firstidea what to do? Then thi session is for was you!renamed Presenterthe Terry Knowles willMunicipal explain the duties,ofresponsibilities, recipient. In his honor, the award Russ Marcoux Advocate the Year award.and reporting requirements of the offic

and how the trustees interact with other municipal officials. In addition, attendees will receive information on the newly

At its recent annual conference in November, NHMA recognized Mark A. Bender, Town Administrator in Milford, reporting requirement with its 2018 Russ Marcoux Municipal Advocate of the Year award.

In his presentation remarks, NHMA Government Affairs Counsel Cordell Johnston recognized Mark for his consistent work in advancing NHMA’s legislative agenda. He noted that Mark regularly lobbied his legislative delegation on matters of concern to local governments, and that he came to Concord to testify on several occasions. Mark was especially helpful in opposing legislation that would have prevented towns from restricting the firing of guns on Trustimportant Funds arecontributions responsible foron thelegislation custody ofaffecting municipalutility money placed into town-owned property. Trustees He also of made valuation, netexpendable metering trusts and capital reserve and the Right-to-Knowfunds, Law.the rules for which are somewhat different than private funds held in trust. This session will explain those differences

focusing on when capital reserve funds and expendable trust should be established; the process for establishing, adding to

Past recipients of this recognition are: from the funds; and the proper documentation for establishment, appropriations, and withdrawals. Addi and withdrawing

26

2011 2012 2013 2014 2015 2016 2017

Russell R. Marcoux, Town Manager, Town of Bedford James Michaud, Assessor, Town of Hudson Don MacIsaac, Selectman, Town of Jaffrey Julia N. Griffin, Town Manager, Town of Hanover Shaun Mulholland, Town Administrator, Town of Allenstown Portsmouth City Council, City of Portsmouth Bill Herman, Town Administrator, Town of Auburn

10 forms. The portal stream friendly interfac that allows a direct data upload. This session will provide an overview of the system, including its features and functions.

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at to do? Then this ements of the office ation on the newlyorting requirements

and capital reserve n those differences, ablishing, adding to, withdrawals. Addi-

The portal streamfriendly interface and functions.

Accelerated Information Systems Aggregate Financial Advisors All States Materials Group American Fidelity Angell & Co., LLC Arcomm Communications Corporation Avitar Associates of N.E., Inc. Bearing Point Wealth Partners, Inc. BlumShapiro Brief Relief BS&A Software Business Management Systems Inc CAI TECHNOLOGIES Carsey School of Public Policy at UNH CheckmateHCM CivicPlus CMA Engineers, Inc. Competitive Energy Services Consolidated Communications DIG SAFE Donahue, Tucker & Ciandella, PLLC Drummond Woodsum DuBois & King EagleView Technologies East Coast Containers LLC Federal Mediation & Conciliation Svc FirstLight Franklin Savings Bank Froling Energy FuelMaster/Syntech Systems, Inc. GeoInsight, Inc. GovDeals, Inc. Graham and Graham PC Granite State College Granite State Rural Water Association

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Harriman Horsley Witten Group, Inc. Hoyle, Tanner & Associates, Inc. Inception Technologies Inc Interware Development Co., Inc. James R. St. Jean Auctioneers LandCare Stone/Stratham Hill Stone Lavallee Brensinger Architects Liberty Mutual Mascoma Bank Melanson Heath Milone & MacBroom, Inc. Mitchell Municipal Group, P.A. Mitsubishi Electric Trane HVAC LLC Municode National Safety Council of Northern NE New England Document Systems NH Association of Regional Planning Commissions NH Building Officials Association NH Correctional Industries NH Department of Environmental Services NH Government Finance Officers Association New Hampshire Housing NH Municipal Bond Bank NH Public Deposit Investment Pool NH Public Works Association and UNH Technology Transfer Center (T2) New Hampshire Retirement System NHSaves NorthEast Electrical Distributors Northeast Resource Recovery Association NH Office of Strategic Initiatives

Office Systems of Vermont and New Hampshire Onsite Drug Testing of NE Passumpsic Financial Advisors Pavers by Ideal Peniel Environmental Pennichuck Water Services Corp.

PFM Financial Advisors, LLC Plodzik + Sanderson R. W. Gillespie & Associates, Inc. ReVision Energy RPF Environmental, Inc. RMON Networks Roberts and Greene, PLLC Sealcoating, Inc. ServiceMaster by Gaudet SERVPRO Stantec State of NH - Bureau of Education and Training SUEZ Advanced Solutions Summit Cyber Solutions L.L.C Systems Engineering Televic Conference TFMoran, Inc. The H.L.Turner Group Tighe & Bond, Inc. Tri-State Fire Protection Underwood Engineers, Inc. USDA Rural Development VC3 ViewPoint Government Solutions Vision Government Solutions, Inc. Weston & Sampson Wright-Pierce WSP

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NEW HAMPSHIRE TOWN AND CITY

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UP CLOSE &

PERSONAL On the Board

W

elcome to Up Close and Personal, a regular column in New Hampshire Town and City designed to give readers a closer look at NHMA Board members. In this issue, we introduce Neil Irvine, Selectman, Town of New Hampton. Neil joined the NHMA board in 2018.

TC: What are your duties and responsibilities as Selectman?

NI: The function of the Board consists of preparing and proposing a town budget, setting public policy, calling elections, licensing, appointing and supervising department heads and employees, overseeing volunteer and appointed Boards and Commissions within the Town, and if required, creating basic regulations.

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

NI: Navigating property tax law relative to tax deeding for non-payment of taxes.

Making the decision to accept the tax deed is never a pleasant one for any of the parties involved, the property owner, the Tax Collector, Town Administrator and the Board of Selectman. It is an unfortunate aspect of the job, but one that has to be done in fairness to the rest of the property owners in Town.

Neil Irvine

TC: How has NHMA helped you do your job?

NI: The extensive range of resources that keep me up-to-date with changes (or proposed changes) to municipal law ensure that my decisions and guidance to residents are appropriate to the interests of the resident and the Town.

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

NI: Public perception is that the Board of Selectmen have extensive powers that they exercise in an arbitrary fashion to create obstacles in people lives. The reality is that we function as the executive branch of local government exercising only those powers provided by statute or local ordinance in an equitable and fair manner to all property owners and residents.

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

NI: No, a responsive and effective governing body is essential to a healthy community/society. Having had the honor of serving my community for almost 6 years now, I am now more convinced that civic participation is crucial to all of our communities and State.

TC: What lessons about human nature have you learned in your role?

NI: Ultimately people want to be heard and treated with respect. That, while an issue may seem small and inconsequential compared with competing issues it is obviously important to the individual bringing it forward, treat it as such and they are more inclined to hear what you have to say in response.

JANUARY/FEBRUARY 2019

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NEW HAMPSHIRE TOWN AND CITY

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UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities. In this issue, we hope you enjoy meeting Jeff Gowan, Planning Director in the Town of Pelham.

TC: What are your duties and responsibilities as Planning Director?

JG: As Planning Director in the border town of Pelham with approximately 13,500 residents, I direct all functions of the Planning Department, manage transportation, stormwater, CIP, and special projects, serve as liaison to NRPC, NHDOT, NHDES and other agencies and I support and advise the Pelham Planning Board.

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

JG: Currently my biggest challenge is maintaining focus on planning for the future while staying on top of the dozen development projects that are in active construction as well as those still in the permitting stages. Pelham is in the midst of a homebuilding boom that has lasted several years and shows no sign of relenting.

Jeff Gowan

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

JG: NHMA provides targeted trainings that my staff and I regularly take advantage of as do many of our land use board members. During my thirteen-year tenure, I have never missed any of the annual NHMA conferences. They are well-planned and always offer timely, topical discussions and training opportunities We have also taken advantage of NHMA Legal services in the past and have found staff attorneys to be thoughtful, informed and responsive.

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

JG: The most recent example is spearheading Pelham’s compliance with the requirements of the new MS4 Stormwater permit. This unfunded federal mandate tasks many communities with either becoming stormwater experts or engaging costly consultants to meet the growing permitting challenges. Without the Nashua and Seacoast Stormwater Coalitions to help my regional counterparts and I evaluate the permitting requirements, I would have had much greater difficulty meeting the initial requirement of the new permit, filing the NOI.

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: Has your public position changed you personally?

JG: Serving my town in this role has helped me better understand some of the struggles property owners face as they try to develop their land, either for residential or commercial projects. It has also made me more understanding of residents who are impacted by development and growth in general.

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

JG: It is easy for those outside of government to make assumptions about the politics of the day or the dynamics of local, state and federal government. I have a much greater appreciation of the innerworkings of state and local government where I see less partisanship than at the federal level. If state and local governments devolved into a mean-spirited partisan fight on every issue the resulting paralysis would be devastating. I am not saying those issues don’t bleed into local government at all, but federal government officials could learn a lot by observing how local government officials of different stripes often work across the aisle.

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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.

32

Bike Share in New Hampshire: Pedal-Powered Progress is Afoot

By Derek Shooster, Matt Waitkins and Scott Bogle If you visited Manchester, Nashua, or Portsmouth this summer you probably saw more people on bicycles than on your last visit – brightly colored bicycles with front baskets and local business logos. Much like in other parts of the country, bike sharing has sprung up in communities across New Hampshire.

The goal of bike share systems in each community is much the Riders pose with turquoise VeoBikes from Nashua’s bike share system same: to establish more options (Photo: Jonathan Vail) for people to travel by bike.

However, the bike share programs differ somewhat known as Capital Bikeshare. Systems soon followed from one community to the next. As more com- in Boston, New York, Chicago, Seattle, San Francismunities across the state consider whether and how co and elsewhere. By the end of 2017 there were at best to implement bike share, it is useful to get a least 84 bikeshare systems around the country with snapshot of the existing programs, track their rid- over 100,000 bikes serving cities of all sizes, universities, and corporate campuses and accounting for ership, and monitor ever-evolving mobility trends.

35 million trips annually. (NACTO) The core concept of bike share is creating a pool of bicycles that can be rented for short periods of The bike share programs in Manchester and Portstime for errands, covering the last mile from a tran- mouth are operated by Zagster, based in Camsit stop to work on a commute, or even for visitors bridge, Massachusetts. The Zagster systems in both to sightsee. Bike share programs create a convenient cities feature dock station networks where riders use transportation option for short trips, reduce traffic either a smartphone app or a text message to undock a bike from the system. Users purchase a membercongestion and improve air quality. ship to use the bikes ranging from $3 for one day Early community bike sharing programs were initito $25 for a year. Members can borrow bikes for up ated in Europe in the 1960s to expand transporto two hours at a time. Once the bike is returned a tation options for people of limited means. In the member can borrow another bicycle an unlimited mid-1990s Copenhagen Denmark introduced a number of times per day. coin-operated system where users paid at a fixed station to rent a bike for a short trip then returned the Zagster charges $9,000 per year per bike share stabike to the same station or another on the network. tion, the cost of which covers each station with ten Bikeshare programs have expanded dramatically docks, five bikes, routine maintenance/rebalancing over the past 20 years with integration of credit of the bikes, and technical support for the online card point of sale and smart phone technology. The platform. Portsmouth and Manchester each feature first modern program using these technologies was seven bike share stations and 35 bikes launched in Velib, launched in Paris in 2007. The first in the 2017, with an eighth station announced for ManUnited States was in Washington DC in 2008, now chester in 2019. Portsmouth’s stations are funded

NEW HAMPSHIRE TOWN AND CITY

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partly from station sponsors and partly from municipal parking revenue. “As popularity of the program increases there are possibilities for the installation of more bike stations across the city and potential sponsorship opportunities for local businesses” notes Juliet Walker, Portsmouth’s Planning Director.

Manchester’s stations are funded entirely by sponsors. Derek Shooster of the Southern New Hampshire Planning Commission and Bike Manchester notes “Zagster let us know that of the dozens of municipalities where it operates bike share nationwide, Manchester is the only one that operates without municipal funding.”

Nashua’s bike share program is operated by the company VeoRide, based in Indiana. VeoRide uses dockless technology where bicycles include integrated locks, and users locate the bicycles using a smartphone rather than going to fixed stations. Nashua launched its system in June 2018 with just over 200 bicycles. A major advantage to the VeoRide dockless model is that there was no charge to the City when the program launched.

User cost is $0.50 for the first 15 minutes to ride.

Trade-offs between docked and dockless bikeshare models include cost, flexibility, access and streetscape order. The per-bike capital cost for dockless systems can be just 25%30% that of a docked system. This in turn allows a larger number of bicycles to be fielded. Dockless systems allow a greater flexibility in destinations, as they are not limited by fixed dock locations. Both docked and dockless systems feature GPS technology that lets program sponsors track system usage patterns. The City of Nashua has found that the flexibility of the dockless system has led to bicycles being used in some of the city’s low and moderate income neighborhoods not just downtown, which was a goal of the program. The heatmap graphic above depicts usage for Manchester’s www.nhmunicipal.org

A travel pattern map for Manchester’s bikeshare system shows ridership concentrated in the city center, as well as along the Goffstown rail trail.

system, showing heavy ridership in the city center, and also along the Goffstown Rail Trail. This flexibility can also have a downside, as some dockless systems run into problems with “bicycle clutter”. A subset of users left bicycles tipped over on the sidewalk or in parks or private yards.

These problems have moderated as dockless bikeshare companies have improved monitoring and rebalancing and enforced rules on how and where to park bikes.

Portsmouth and Manchester “hibernate” their bicycles during the winter, and Nashua has reduced its fleet size to 25 for the cold weather months based on lower anticipated usage and to minimize wear and tear. All three cities plan roll out at full strength

again in spring 2019. Sign up and check out a bike for a spin when you’re next in town and keep an eye out for more such initiatives in a New Hampshire community near you.

Derek Shooster is an Associate Planner at Southern New Hampshire Planning Commission and can be reached at dshooster@snhpc.org or via phone at 603.669.4664. Matt Waitkins is Senior Transportation Planner with the Nashua Regional Planning Commission and can be reached at mattw@nashuarpc.org or via phone at 603.424.2240 x18. Scott Bogle is Senior Transportation Planner with the Rockingham Planning Commission and can be reached at sbogle@rpc-nh. org or via phone at 603.658.0515

JANUARY/FEBRUARY 2019

33

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NEW HAMPSHIRE TOWN AND CITY

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2019 Town & School Moderators Workshops Beginner & Advance Training Available SB 2 Meeting Saturday, January 12

Snow date: Saturday, January 19

Traditional Meeting Saturday, February 16

Snow date: Saturday, February 23

9:00 a.m.—1:00 p.m.

25 Triangle Park Drive, Concord, NH Cost: $60.00 Registration and continental breakfast begin at 8:30 Attendees will receive a copy of NHMA’s 2018-2019 edition with supplement of Town Meeting and School Meeting Handbook.

Topics include: The Basic Law of Town, Village District and School District Meeting Statutes governing the moderator’s duties at town, village district and school district meetings will be discussed along with issues related to warrant articles, the operating budget, secret ballot voting and other town meeting issues. These topics will be addressed in two concurrent sessions tailored for new and experienced moderators. Ample time will be devoted to questions and answers.

Strategies for Running a Smooth Meeting Moderators are faced with a challenging task: keeping meetings focused and fair to all participants, while effectively facilitating the flow of debate. This session will highlight suggested strategies for running respectful and efficient meetings.

Sample Scenarios A series of sample scenarios will help attendees prepare for a wide range of meeting challenges.

Register online at www.nhmunicipal.org under CALENDAR OF EVENTS. Online pre-registration required one week prior to each date.

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

www.nhmunicipal.org

JANUARY/FEBRUARY 2019

35

The

HR

REPORT

Local Government Deserves Our Support

By Mark T. Broth

I

n July 2018, Business NH Magazine published a list of the five largest employers in each of the State’s ten counties.

Interestingly, local governments (either counties, municipalities, or school districts) were among the top five in seven counties. In two counties, local governments held two of the top five positions. It is interesting that neither the City of Manchester nor the Manchester School District, the largest municipality and the largest school district in the State, did not make the list, due to the number of large private sector employers located in Hillsborough County.

What is the significance of this information? It certainly suggests that local governments are dealing with human resource issues on the same scale as the largest private sector businesses in their communities. But I would respectfully suggest that the burdens on public sector employers are substantially greater than those placed upon the private sector. With the exception of the utility sector and a handful of manufacturers, the New Hampshire private sector is a non-union work environment. In contrast, the vast majority of public sector employees in the State that are eligible to unionize have done so. This means that public employers carry the additional responsibility of good faith collective bargaining and, through the Public Employees Labor Relations Board, an additional layer of State oversight of their labor relations practices. Public sector human resources functions are further complicated by the shear scope and breadth of municipal responsibilities. In

the private sector, businesses focus on offering a discreet list of products or services, while municipal governments are designed to gather diverse services under one roof. It is hard to imagine a private sector employer that would try to offer services ranging from recreation to road repair, law enforcement to libraries, or from emergency medical services to environmental services. While private employers can generally operate under work rules common to all employees, public employers must, in addition to common work rules, establish and enforce rules and procedures unique to their separate operating departments. Police, fire, public works, recreation, and libraries each perform distinctly different functions and the rules policies and procedures governing their respective employees must account for those differences.

The scope and complexity of local government is not limited to human resources issues. Like the private sector, local governments must comply with federal and state laws of general applicability. In addition, they must also comply with laws unique to the public sector and display a level of transparency and public accountability far beyond that of even the most heavily regulated private businesses. Not only must local governments comply with laws, but they are also uniquely responsible for enforcing laws within their jurisdiction.

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NEW HAMPSHIRE TOWN AND CITY

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to contemplate the scope of what our communities expect local governments to do with limited funding and staffing. Few private sector businesses could operate as efficiently as local government is forced to as a result of the public’s reluctance to see tax increases. It is ironic that citizens gladly write checks for homeowner’s insurance, a benefit that the majority will never actually use, but will complain about the tax rate that funds the police and fire personnel that actually show up when an emergency arises.

Local governments play a vital role in making New Hampshire one of the most livable states in the nation. Like our friends at other New Hampshire law firms that focus on representing local governments, my colleagues at the Drummond Woodsum firm law firm and I are proud to support the elected and appointed officials who make local government work. At the 2018 NHMA conference, we were pleased to

www.nhmunicipal.org

have the opportunity to announce the expansion of our municipal law practice through our merger with Gardner, Fulton & Waugh. We are also proud of our status as one of very few large New England law firms that has the capability to offer the full range of legal services that municipal governments require.

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 2019 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

For more information contact your Retirement Plans Specialist Brenda Clements 1-866-266-7311

JANUARY/FEBRUARY 2019

37

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

If not, it’s time to order NHMA’s new reference guide for public officials when confronted with the numerous legal issues surrounding New Hampshire’s Right-to-Know Law.

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

nt

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

Only $55 for Members $95 for Non-members

MUST HAVE

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

The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law.

As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

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

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

?

— This Moment in NHMA History — 39 years ago….

In the 1979 Legislative Session, NHMA mailed 21 weekly bulletins to 515 local officials describing over 502 bills and bringing notice to about 750 hearings. It was a good legislative year for NHMA where there was a net gain over the biennium of about $8.5 million in municipal aid. Members were credited as the key ingredient to this success for appearing at public hearings and making contact with the their legislators.

?

?

NAME

THAT

TOWN OR

CITY

?

? ?

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Name the New Hampshire city or town in which this meeting house resides.

It houses Dingit Corner, Gerrish Corner, Synders Mill, Swetts Mill and Courser Hill, and is named in honor of a famed lawyer/statemen/legislator/orator who had been born in Salisbury and began his legal practice in Boscawen.

In 1803, this town and other towns competed unsuccessfully against Concord to become the state capital. This town was dramatically reshaped by a major flood in 1936, the great hurricane of 1938, and the consequent construction of a federal flood control project in the 1940s.

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

ANSWER TO PHOTO IN NOVEMBER/DECEMBER 2018 ISSUE: The photo on page 37 in the last issue of New Hampshire Town and City magazine was the town offices located in the Town of Danville. Thanks to all our members who responded with the correct response, including Hames Headd (Auburn); Ron Fontaine (Swanzey); Scott Wiggin (Bedford); Shelli Fortin (Berlin); Jenne Holmes (Somersworth) and Bill Herman (Auburn).

JANUARY/FEBRUARY 2019

39

NLC Report: US Census and Talking Points Municipal governments have an important relationship with the census – both as consumers of the invaluable data it gathers and as partners in ensuring the complete and accurate count of our cities and towns.

The National League of Cities has developed a guide, Preparing for the 2020 Census, which serves as a high-level primer to help local leaders better understand the importance of a decennial census and what they can expect over the next two years. You can download the guide here https:// www.nlc.org/sites/default/files/2018-10/Census%20 2020%20MAG_0.pdf About the Guide Please note that the Census Bureau has not finalized all census operations, while others are subject to refinements based on the 2018 End-to-End Census Test (essentially a “dress rehearsal”) and additional recent research. Visit nlc.org/census to stay updated on the 2020 Census.

Talking Points for Residents Residents often turn to city and towns officials with questions and concerns related to the census. Below are some quick talking points to respond to your residents’ most common questions and concerns: “Participating in the 2020 Census is a civic duty and good for your community.”

The very first responsibility of the federal government under the U.S. Constitution is a count of all persons living in the United States to allocate seats in the U.S. House of Representatives among the states. But your participation in the census impacts a much broader range of decisions, from how legislative districts at all levels of government are drawn, to where roads and transit are built in the future, to how more than $800 billion in federal funding is distributed annually across the country.

“There are multiple ways to be counted in the 2020 Census.”

In mid-March 2020 most addresses in the United States will receive a postcard with instructions to participate

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online, but you will also have the option to respond via phone or mail. Through spring and summer 2020, Census Bureau employees will follow up in-person at addresses that have not yet been counted.

“Your personally identifiable information (PII) is protected by law and cannot be shared outside of the Census Bureau.”

Census Bureau employees are sworn to uphold the confidentiality of your data for life. Your responses can only be used to produce statistical information, and your personal information cannot be seen or used by other government agencies or the courts. Title 13 of the U.S. Code imposes steep penalties for anyone who shares personally identifiable information (PII).

“Data security is the highest priority for the Census Bureau and extensive protections are in place to protect the integrity of the 2020 Census.”

Online responses are secured by multiple layers of encryption and isolated from online access as soon as you hit submit. And by working with the federal intelligence community and private industry, the Census Bureau can quickly identify and respond to any external threats to its databases.

“English language proficiency is not required to participate in the 2020 Census.”

The complete online census questionnaire will be available in twelve languages other than English. Telephone responses will be accepted in the same additional 12 languages. Paper forms will be printed in English and Spanish. Language guides and glossaries will be available in 59 non-English languages, plus Braille.

“If you don’t have access to the internet in your home, you can still be counted.”

The online questionnaire can be completed on a smartphone and desktop internet kiosks may be available at local post offices, libraries and other community centers.

Households identified as having limited internet access and households that do not respond to initial census mailings will also be given the opportunity to complete the census through the traditional paper questionnaire.

A telephone response option will also be available for the first time.

www.nhmunicipal.org

Electronic Reporting for Trustees of Trust Funds Tuesday, January 8, 2018 12:00 pm—1:00 pm

Upcoming Webinars NHMA will be hosting three webinars in January for members of the New Hampshire Municipal Association.

The New Hampshire Department of Justice, Charitable Trustee of the Trust Fund Portal (NHTTF) is an electronic reporting system for the MS-9 and MS-10 forms. NHTPP streamlines the annual submission process by enabling municipal officials to enter trust fund information through a user-friendly interface through a direct data upload.

Join David Salzer, Principal, Axiomatic, who will provide an overview of the system, including its features and functions.

This webinar is open to members of the New Hampshire Municipal Association, the New Hampshire Library Trustees Association, Trustees of Trust Funds, and the New Hampshire Cemetery Association.

2019 Legislative Preview Wednesday, January 9, 2018 12:00 pm—1:00 pm As the New Hampshire General Court begins to wrestle with hundreds of bills, legislators need to hear from both appointed and elected government officials regarding the concerns of municipalities.

This webinar will: * Include a preview of legislation filed; * Outline the messages legislators need to hear from you; * Recommend grassroots action for NHMA voices to be heard..

Join Government Affairs Counsel Cordell Johnston and Government Finance Advisor Barbara Reid for a look at what the 2019 legislative session has in store for municipalities.

Municipal Trustee Training Wednesday, January 23 2018 12:00 pm—1:00 pm

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

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.

Come learn how to best carry out your municipal trustee duties.

JANUARY/FEBRUARY 2019

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Court

Update

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

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

Now available online: Planning Boards Cannot Rely Upon Lay Opinions and Anecdotes Refuted by Uncontroverted Expert Evidence. Planning Boards Cannot Supplant the Specific Regulations and Ordinances that Control the Site Plan Review Process with their Own Personal Feelings Trustees of Dartmouth College v. Town of Hanover, New Hampshire Supreme Court Case No. 2017-0595, 11/6/2018 All New Hampshire Political Subdivisions (Cities, Towns, and Village District) Must Comply with the Age Discrimination in Employment Act of 1967 Regardless of How Many Persons They Employ Mount Lemmon Fire District v. Guido, United States Supreme Court Case No. 17-587, 11/6/2018 Court Allows Charitable Tax Exemption for Summer Youth Camp The Marist Brothers of New Hampshire v. Town of Effingham, New Hampshire Supreme Court Opinion No. 20170187, 9/14/2018 Written Findings of Fact to Support a Variance Not Required if not Requested, Provided There is Adequate Evidence in the ZBA Record; Allegations of Bias Must be Raised at the Earliest Opportunity Rochester City Council v. Rochester Zoning Board of Adjustment, New Hampshire Supreme Court Case No. 2017-0501, 9/7/2018

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Available Publications TITLE

ELECTRONIC DOWNLOAD

HARD COPY PUBLICATIONS MEMBER

NON-MEMBER

MEMBER

NON-

N/A

N/A

$15.00

$30.00

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

$23.00

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

$47.00

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

$45.00

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

$55.00

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

$45.00

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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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New Hampshire Town & City — Subscription

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NH Municipal Officials Directory (2018/2019)

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Town Meeting and School Meeting Handbook (2018/2019)

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Art of Welfare Administration (2018)

Law Lectures 2014-2017

Wage, Salary and Benefits Survey for Municipalities (2014) www.nhmunicipal.org

JANUARY/FEBRUARY 2019

43

Legal

Q and A

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

Annual Town Meeting – How Do We Educate the Voters?

There are several ways voters at annual town meeting receive information on the merits of proposed warrant articles. Under RSA 32:5 certain articles with appropriations are required to state the recommendations of the governing body and the official budget committee. Towns can also require that the annual budget and special articles have a tax rate impact notation. In some instances, a voter’s guide to the warrant and warrant articles is appropriate. Here are some guidelines to keep in mind.

Q. When are warrant article recommendations required or allowed?

Different rules apply for different categories of articles: Warrant Articles Containing Appropriations: Appropriations that are recommended by the governing body and the official budget committee appear on the proposed operating budget and the forms filed with the Department of Revenue Administration, which are posted with the warrant for the meeting. RSA 32:5, IV. The governing body and official budget committee must also include their recommendation or non-recommendation on all special warrant articles. RSA 32:5, V. A “special” warrant article is one that proposes an appropriation and is (a) submitted by petition; or (b) an appropriation through the issuance of bonds or notes; or (c) calls for an appropriation to or from a separate fund created pursuant to statute, including but not limited to a capital reserve fund under RSA 35, or trust fund under RSA 31:19-a; or (d). Is designated in the warrant, by the governing body, as a special warrant article, or as a non-lapsing or nontransferable appropriation; or (e) calls for an appropriation of an amount for a capital project under RSA 32:7-a.

When an appropriation is proposed in a separate article that is not “special,” recommendations of the governing body and budget committee may only appear if the voters or the governing body or the budget committee have previously ad44

NEW HAMPSHIRE TOWN AND CITY

opted the provisions of RSA 32:5, V-a or RSA 40:13, V-a.

Those statutes permit the inclusion of the numeric tally of recommendations by the governing body and official or advisory budget committee on any special or individual appropriations article. The “numeric tally” is the total result of the vote on the item, such as “Budget Committee recommends by a vote of 7 to 4; Selectmen do not recommend by a vote of 2 to 1.”

In official ballot referendum (“SB 2”) municipalities, if the operating budget warrant article is amended at the first session of the meeting, the governing body and the budget committee, if one exists, may each vote on whether to recommend the amended article, and the recommendation or recommendations shall appear on the ballot for the second session of the meeting. If a “special” warrant article is amended at the first session either the governing body or budget committee may revise its recommendations for the ballot session, however, the 10 percent limitation on expenditures provided for in RSA 32:18 shall be calculated based upon the initial recommendations of the budget committee.

Collective Bargaining Agreements: Governing bodies and official budget committees must include their recommendation or non-recommendation for any article proposing cost items of a collective bargaining agreement. RSA 32:19.

Zoning: When a zoning amendment is proposed by the governing body or by citizen petition, the article on the official ballot must include a notation that it was submitted by the governing body or by petition and a statement of the planning board’s approval or non-approval. RSA 675:3, VIII; RSA 675:4, III. Warrant Articles Not Containing Appropriations: The New Hampshire Supreme Court has affirmed the Select board’s authority to place recommendations on non-money articles, i.e., other separate articles that do not contain appropriations. Olson v. Town of Grafton, 168 N.H. 563 (2016).

The Court determined that the language in RSA 32:5, V-a www.nhmunicipal.org

authorizing recommendations on “any warrant articles” was meant to apply to non-money articles as well as money articles.

Q. May we include the estimated tax impact in a warrant article?

A. As provided in RSA 32:5, V-b, town meeting may vote to require that the annual budget and all special warrant articles having a tax impact, as determined by the governing body, shall contain a notation stating the estimated tax impact of the article. The determination of the estimated tax impact shall be subject to approval by the governing body.

Q. How can we give voters additional background information about the issues?

A. Other than recommendations, and possibly tax rate impact statements, other background information may be relevant to voters’ consideration of the budget and separate warrant articles. Such information may be provided in a variety of ways. The annual report, available to voters at least one week before the annual meeting, is one source of information. RSA 41:13; RSA 41:14. The town annual report includes information regarding the financial condition of the municipality, reports of officials and departments, and the proposed budget. It is also appropriate for the governing body, department heads or budget committee to present background information and answer questions about proposed articles at budget hearings, deliberative session or traditional town meeting. And, of course, any official, voter or petitioner may speak to the relevant issues at public hearings or at town meeting.

It is also common for officials to prepare and distribute a voter guide. Guides usually address each warrant article, explaining why it was proposed and providing information about the issues.

Doing this properly requires a careful www.nhmunicipal.org

balance between permissible government speech and excessive advocacy.

Developments in First Amendment law have clarified that a government entity has the right to speak for itself because if it could not do so, it could not function. Pleasant Grove City, Utah, et al., v. Summum, 555 U.S. 460 (2009); Sutliffe v. Epping, et al., 584 F.3d 314 (1st Cir. 2009). It is generally acceptable for the government to use tax dollars to endorse its own existing policy measures without violating the First Amendment. Johanns v. Livestock Marketing Ass’n, 544 U.S. 550 (2005).

These cases hold that governments are not required to offer equal opportunities for those who may oppose the views of “government speech.” For instance, a town may be able to explain in a voter guide that an article to purchase a snowplow was proposed because the town’s fleet is 20 years old, the life expectancy of a plow is 15 years and the town’s mechanic predicts that

at least one truck will become unusable within the next year. These are factual statements that permit voters to make a decision.

What would be clearly prohibited is for a public employee to use government property or equipment (i.e., taxpayer dollars) to “electioneer” on behalf of a budget or warrant article, which is prohibited by RSA 659:44-a. Under that statute “electioneer” means to act in any way specifically designed to influence the vote of a voter on any question or office. Providing purely factual information about warrant articles that is not specifically designed to have a voter vote in a particular way would not be improper electioneering.

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.

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JANUARY/FEBRUARY 2019

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

Sp tlight

The Affiliate Spotlight is a new column designed to give readers a closer look at affiliate groups of NHMA. There are over 30 such groups comprised primarily of municipal officials serving a particular position, such a city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce the New Hampshire Building Officials Association.

Members of the NHBOA with Governor Christopher Sununu proclaiming May 2018 as Building Safety Month.

TC: What is the mission/goals of the New Hampshire Building Officials Association?

NHBOA: Established in 1965, the purpose of the New Hampshire Building Officials Association is to promote education of building and life safety codes to its association members, non-member code officials, state and municipal government officials, and trades people involved in the construction industry.

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

NHBOA: The resistance by many special interest groups to maintaining updated building and life safety codes in New Hampshire. Budgetary constraints by municipalities that prevent local code officials from participating in training updates to coincide with a constantly evolving industry. Respect for the needs of building code and zoning code enforcement to ensure safe and pleasurable homes, workplaces and community environments.

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

NHBOA: NHBOA has been a longtime affiliate member of NHMA and utilizes its association management services to keep our membership informed of association matters, training and legislation matters that affect building or life’s safety codes. As one of their larger affiliate groups, this is a significant undertaking as our Association holds monthly training meetings which involves meeting notices, registrations, CEUs, monthly financial statements, and data base management.

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

NHBOA: Education of how to properly interpret and administer building and life safety codes is an essential component to any successful code official. Professional communication skills, while still being empathetic to particular and sometimes unusual situations, is an important part of being a successful code official. Beyond the skills of a tradesperson, one needs to understand all facets of local government, building codes, state statutes, state construction laws, local zoning board and planning board functions. A building official/code enforcement officer will wear “many hats” to assist local residents.

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

NHBOA: The education levels of many involved in the construction industry and building and life safety codes need to be elevated. This includes code officials, trade people and government officials that do not understand how code administration work and why particular codes have been instituted or amended.

TC: Anything else you would like to discuss about your affiliate group and its relationship with NHMA? NHBOA: The support services received from NHMA is a large part of why NHBOA is successful. NHBOA is a professional association that is managed by a volunteer board of directors and like most associations the brunt of the work falls to those volunteers. Without the partnership and support from NHMA much of what NHBOA accomplishes each year would not be possible.

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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.

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NEW HAMPSHIRE TOWN AND CITY

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2019 Legislative Legislative Series Series 2019 2019 Legislative Series

ThreeWebinars Webinarsand andaaFinal FinalUpdate Update Three Three Webinars and a Final Update

Settingthe theStage Stagefor for2019 2019 Setting Setting the Stage for 2019 GetInsider Insider Get Get Insider Perspectives Perspectives Perspectives From From From NHMA NHMA NHMA Staff Staff Staff

2019State StateLegislative LegislativePreview: Preview: 2019 2019 State Legislative Preview: January9th 9thWebinar Webinar January

January 9th Webinar

2019Half-Time Half-TimeReport: Report: 2019 2019 Half-Time Report: AprilWebinar Webinar April

April Webinar

2019Legislative LegislativeWrap-up: Wrap-up: 2019 2019 Legislative Wrap-up: MayororJune JuneWebinar Webinar May

May or June Webinar

2019Final FinalLegislative LegislativeUpdate: Update: 2019 2019 Final Legislative Update: November13 13or or14, 14,2019 2019 November November 13 or 14, 2019 NHMAAnnual AnnualConference Conference NHMA NHMA Annual Conference DoubleTreeby byHilton HiltonManchester Manchester DoubleTree DoubleTree

by Hilton Manchester DowntownHotel, Hotel, Manchester Downtown Manchester Downtown Hotel, Manchester

The167th 167thsession sessionofofthe theNew NewHampshire HampshireGeneral GeneralCourt Courtbegins beginsininJanuary.

January.

The The 167th session of the New Hampshire General Court begins in January.

Helpyour yourmunicipality municipalityplan planan anactive activeand andconsistent consistentrole roleininNHMA’s NHMA’sefforts effortsby by Help Help your municipality plan an active and consistent role in NHMA’s efforts by participatingininthe the2019 2019Legislative LegislativeSeries SeriesWebinars Webinarsand andaaFinal FinalUpdate.

Update. participating participating in the 2019 Legislative Series Webinars and a Final Update. www.nhmunicipal.org

JANUARY/FEBRUARY 2019

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