November/December 2023
TownandCity N E W
H A M P S H I R E
A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION
In This Issue:
Fostering a More Resilient Workplace........................................................8 Help Your Employees Stay Financially Fit.................................................12 Strengthen Your Workforce!......................................................................16 Closed Landfills in New Hampshire............................................................18 Debunking Taj Mahal Syndrome................................................................30 Inflation Reduction Act and Medicare Part D Redesign...........................38 Move More This Winter!............................................................................40
After thirty years, we have a lot to celebrate! For three decades, we’ve had the honor of partnering with New Hampshire’s public entities to help them achieve their investment and cash management goals.
Find your reason to celebrate at nhpdip.com 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 an affiliate of PFM Asset Management LLC.
Contents Table of
Volume LXVI • Number 6
November/December 2023
Message from NHMA A Executive Director
3
4 Happenings 7 Upcoming Events 11 Upcoming Webinars 22
Following the Rulemaking Process of New Hampshire’s First Right-to-Know Ombudsman
24-25 NHMA Annual Conference (see center spread) 32
NHMA Gears Up for 20252026 Legislative Policy Process
37
Court Updates
36
HR Report: Form I-9 Updates
42 Legal Q&A: Preemption 46 This Moment in NHMA History 46
Name That City or Town
47
2023 Index of Featured Articles
8 12 16 18 28 30 38 40
Fostering a More Resilient Workplace and a Happier Staff Help Your Employees Stay Financially Fit
Strengthen Your Workforce!
Closed Landfills in New Hampshire Creating Accessible and Inclusive Cities and Towns for Individuals with Disabilities Debunking Taj Mahal Syndrome: Developing Municipal Facilities that Meet Your Community’s Needs Inflation Reduction Act and Medicare Part D Redesign Move More This Winter!
Cover: David Salois, HealthTrust’s Member Relations Representative, snapped this photo on a hike with friends on Cannon Mountain with Franconia Ridge in the distance.
New Hampshire Town and City Magazine Staff Executive Director
Margaret M.L. Byrnes
Editor in Chief
Timothy W. Fortier
Contributing Editors Margaret M.L. Byrnes Natch Greyes Jonathan Cowal Production/Design
Evans Printing Co.
Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association: 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. 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 2023 New Hampshire Municipal Association
www.nhmunicipal.org
NOVEMBER/DECEMBER 2023
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New Hampshire Municipal Association
B OA R D O F D I R E C TO R S Laura Buono -
Elizabeth Fox - Chair Asst. City Manager, HR Director, Keene
Candace Bouchard - Vice Chair City Councilor, Concord
Cheryl Lindner - Treasurer Treasury Management Officer, Nashua
Jeanie Forrester - Secretary Select Board Member, Meredith
Town Administrator, Hillsborough
David Caron Town Administrator, Derry
Conservation Commission, Holderness
Shelagh Connelly
Phil D’Avanza Planning Board, Goffstown
Joseph R. Devine Assistant Town Manager, Salem
Lisa Drabik - Treasurer Human Resources Director, Manchester
Stephen Fournier Town Manager, Newmarket
Dale Girard Mayor, Claremont
Joanne Haight Select Board Chair, Sandwich
April Hibberd Select Board Member, Bethlehem
Neil Irvine Town Administrator, Northwood
Holly Larsen Finance Director/Tax Collector, Berlin
Patrick Long Alderman, Manchester
Conner MacIver Town Administrator, Barrington
Jim Maggiore -
Select Board Member, North Hampton
Immediate Past Vice Chair
Jim Michaud Chief Assessor, Hudson
Judie Milner City Manager, Franklin
Donna Mombourquette Select Board Chair, New Boston
Shaun Mulholland City Manager, Lebanon
Dennis Shanahan Deputy Mayor, Dover
David Stack Town Manager, Bow
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Immediate Past Chair
www.nhmunicipal.org
A Message from the
NHMA
Executive Director
Margaret M.L. Byrnes
W
elcome to the wellness issue! This issue of Town & City is dedicated to health and wellness, featuring articles from HealthTrust professionals on pages 8, 12, 38, and 40. Thank you to HealthTrust for their support of this issue and of NHMA as our Premier Level Sustaining Supporter!
Here at NHMA, November is all about our Annual Conference, and we've been busy pulling all the details together for this two-day event. We hope you’ll join us on November 15 and 16 for two days full of education, food, and fun with your municipal colleagues, with 50 educational sessions, ample networking time, a Wednesday evening reception and cocktail hour, and an exhibit hall packed with vendors to meet and learn about. The conference kicks off Wednesday morning with keynote speaker and Generational Humorist Meagan Johnson, who will inspire you to Zap the Gap and Make Peace & Work Effectively in a Multigenerational World, explaining how each generation holds fast to values—which creep into the workplace—making it important to understand and respect these values to bring out the best in everyone. We are also delighted this year to add to the conference the Russ Marcoux Municipal Advocate of the Year Award Dinner, a Wednesday night dinner and entertainment event, featuring Comedy Magician Dewayne Hill and brought to you in partnership with the Municipal Managers Association. We will also announce the 2023 Russ Marcoux Municipal Advocate of the Year. We hope to see you there! On a different note, the 2024 legislative session is gearing up: LSRs (legislative service requests) from the House of Representatives have been filed and released. Thank you to all the local officials who have let us know about legislation you’re working on with your legislators, and please continue to keep us in the loop. Please also consider getting involved with NHMA’s 2024 legislative policy process. Whether experienced or new to the legislative process, all local officials can find a way to participate in setting NHMA’s Policies and Principles for 2025 – 2026, whether that means sending us a policy proposal, serving on a policy committee, or attending the Legislative Policy Conference as a voting delegate. Please refer to pages 32-34 for more information on the process and how you and your municipality can get involved. P.S. NHMA was so pleased to welcome Katherine (Kate) Miller as our legal intern this summer, and Brandon Latham as our fall legal extern--both from the University of New Hampshire School of Law! Kate and Brandon have assisted with key legal services projects, such as the Important Dates Calendars, amicus briefs, and guidance documents for our members. In this issue, we have included articles from both Kate and Brandon, on pages 42 and 22 respectively. Thank you for being part of the NHMA team!
Cordell A. Johnston _________
Attorney at Law
www.nhmunicipal.org
Warmest regards,
Representing towns and cities P.O. Box 252 Henniker, NH 03242 603-748-4019 cordell@cajohnston.com
Margaret M.L. Byrnes, NHMA Executive Director
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HAPPENINGS NHMA Advocate Program - Become an Advocate Today! Legislators Need to Hear from You! Legislators need to hear from both elected and appointed local government officials during the legislative session. Your personal involvement in the legislative process adds a "local voice" to the discussion and provides reinforcement and support to NHMA advocacy efforts. You can do all this from home, without the need to make a trip to Concord. How It Works From time to time during the legislative session, you will be asked to take action as a 10 Minute Advocate for NHMA. We will send you information that contains all the key ingredients for effective advocacy. Our format will be easy to understand, easy to implement and easy to accomplish. Our commitment to you is simple: We promise it will not take more than 10 minutes of your busy day to advocate on behalf of your municipality and for the benefit of all municipal interests. Sign Up Today! https://www.cognitoforms.com/NewHampshireMunicipalAssociation/NHMAAdvocateProgram
Strafford County RPC Releases Two Helpful Guides for Municipal Officials! Municipal Guide to EV Charging Stations: https://strafford.org/maps/ municipal-guide-to-ev-charging-stations-storymap/ The Municipal Guide to EV Charging Stations was created in 2023 by Strafford Regional Planning Commission (SRPC) to remove the barriers for municipalities to increase deployment of EV Charging Stations in the Strafford Region and beyond. Recognizing that New Hampshire is poised to experience a rapid increase in electric vehicles over the next 10-15 years, SRPC saw the need to create a step-by-step guide to prepare our communities to meet the demand for EV Charging Stations in our downtowns, state parks and other popular destinations. SRPC will continue to add resources and additional steps as they become available, and share best practices from communities around the Strafford Region and State to ensure municipalities can learn from each other. Please check back regularly! If you have any questions, please contact Colin Lentz, Senior Transportation Planner at clentz@strafford.org. Age-Friendly Resource Guide: https://strafford.org/reference/resources/healthy-aging-resources/ SRPC is proud to release the Age-Friendly Resource Guide! This Guide was created as part of SPRC’s grant from the Point32 Foundation under the Communities for Healthy Aging Transitions (CHAT) project. These age-friendly resources have been sorted into the eight ARRP livability domains: outdoor spaces and buildings, transportation, housing, social participation, respect and inclusion, work and civic engagement, communication and information, and community and health services. This is available online and as a printed guide.
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www.nhmunicipal.org
NHMA Rolling Out New Member Portal for 2024! NHMA is excited to announce that we will be rolling out a new Member Portal program for 2024, which will streamline tasks by giving members one-stop shopping on: • • • • •
Access to your account to make updates to your profile including contact information Register for events and pay online Look up past event attendance, manage CE certificates and attendance certificates Check out the member-only workshop and webinar archive and other training resources Manage subscriptions for NewsLink, Legislative Bulletin and New Hampshire Town and City magazine!
The new member-centric, online portal will host everything you need, including resources, tools, payments, registrations, forms and more. First-time members will need to create a new account or log-in to an existing account. Stay tuned for short tutorials, a webinar on Wednesday, December 6, a Membership Benefits webinar scheduled for Wednesday, December 13, when we will review this new member service in greater detail.
B E A PA R T O F S H A P IN G WAT ER Q U A LI T Y IN
N E W H A M P S H IR E
www.nhmunicipal.org
Scan the QR code to participate!
NOVEMBER/DECEMBER 2023
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STREETS
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·
SCHOOLS
New England, in its
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NEW HAMPSHIRE TOWN AND CITY
AFFINITYLED.COM 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.
NOVEMBER
DECEMBER
NHMA’s 82nd Annual Conference and Exhibition 8:00 am – 4:30 pm Wednesday, November 15 DoubleTree by Hilton Manchester Downtown Hotel
Explore NHMA's New Membership Portal: See What this New Member Benefit Can Do for You Webinar 12:00 noon - 1:00 pm Wednesday, December 6
Annual Membership Meeting 2:50 pm Wednesday, November 15 Stark Room, DoubleTree by Hilton Manchester Downtown Hotel NHMA’s 82nd Annual Conference and Exhibition 8:00 am – 4:30 pm Thursday, November 16 DoubleTree by Hilton Manchester Downtown Hotel
The Value of Belonging: Understanding Your Membership Benefits 12:00 noon - 1:00 pm Wednesday, December 13 NHMA Board of Directors Meeting 9:30 am – 12:00 noon Friday, December 15 25 Triangle Park Drive, Concord Christmas Day (NHMA offices closed) Monday, December 25
Thanksgiving Day (NHMA offices closed) Thursday, November 23 Day After Thanksgiving Day (NHMA offices closed) Friday, November 24
Please visit NHMA's website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.
www.nhmunicipal.org
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Fostering a More Resilient Workplace and a Happier Staff By: Krista Bouchard, Wellness Coordinator, HealthTrust
A
ccording to the American Psychological Association, resiliency is the process and outcome of successfully adapting to difficult or challenging life experiences, especially through mental, emotional, and behavioral flexibility. A resilient workplace can foster more creativity, productivity and happier employees. Consider these tips for fostering a more resilient and happier workforce.
Tips for Creating a More Resilient Workplace • Understand your employees. According to the American Psychological Association, resilient employees make resilient organizations. People who are supported, motivated and equipped are best positioned to overcome obstacles and distractions. You can learn more about what work-related stressors impact your employees the most by surveying them. Ask how they feel about their workplace, how stressed they feel on a day-to-day basis, and what the biggest sources of stress are for them at work. • Promote honest communication with your staff. Realize that your perceptions of the organization and experiences at work may differ from those of your employees. Set the example of polite and respectful exchanges of ideas and listen to your employees when they talk about their work experiences. • Make your employees feel valued: When people feel valued at work, they’re more satisfied, more creative, and more likely to take risks to contribute in positive ways, said Isaac Prilleltensky, PhD, a psychologist at the University of Miami who summarizes the science of mattering in his book How People Matter (Cambridge University Press, 2021). Make your employees feel valued by having frequent check-in meetings where employees can talk freely. Address personal and professional development opportunities with them and offer flexibility in their schedules. These are small changes that could make a big impact on your employees. • Involve them in decision-making. Include a diverse team in the decision-making process to ensure that 8
NEW HAMPSHIRE TOWN AND CITY
opinions from all different backgrounds are heard and considered. • Encourage your employees to use the resources available to them. If you offer an Employee Assistance Program (EAP), promote those valuable resources. For example, managers at HealthTrust Member Groups can schedule trainings, share online resources, and refer employees to the services available through the LifeResources EAP provided through ComPsych GuidanceResources. • Encourage Collaboration and Fun! According to the Centers for Disease Control and Prevention (CDC), research shows that social connectedness can lead to a longer life, better health, and improved well-being – which are all components of building individual resiliency! Some ways to improve social connectedness in the workplace include encouraging collaboration across different departments, providing employees a nice space to have lunch together or hosting a fun, non-work related staff event. • Help them stay physically healthy, too. Physical health and mental health go together and healthy employees are more likely to be productive, happier employees. Make sure your employees understand their health benefits and how to access them.
Trainings and Tools for You and Your Co-Workers In addition to building a resilient team, consider the following tools and trainings for peers and supervisors. • Mental Health First Aid: Mental Health First Aid training can take the fear and hesitation out of starting conversations about mental health and substance use problems. It improves understanding and provides an action plan that teaches people to safely and responsibly identify and address a potential mental illness or substance use disorder.
www.nhmunicipal.org
Join Us for the Health Summit!
Pathways to Resiliency
Well-Being Strategies for a Stronger, Happier Workforce • Discover new ways to conquer the unique challenges you face as New Hampshire public sector employers. • Use revisionary thinking to blaze a new path to success. • Hear inspiring stories of resiliency and leave the Summit with resources you can use immediately!
December 7, 2023 9:00 a.m. – 2:45 p.m. Grappone Conference Center 70 Constitution Ave Concord, NH 03301
Complimentary to HealthTrust Members. Register through the Secure Member Portal. For more information, contact HealthTrust Member Relations Representative David Salois at 603.230.3382.
HealthTrust Annual Member Meeting will be held at 3:00 p.m. immediately after the Summit.
Featured speaker: Resilience expert and author
Courtney Clark www.nhmunicipal.org
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WORKPLACE RESILIENCE from page 8 • National Alliance on Mental Illness (NAMI) NH offers a variety of training workshops on mental health, crisis response and suicide prevention. These are offered in person or virtually. NAMI NH is a great, local resource for you and your employees. • Shield of Resilience Training Course: This free, onehour, online course is available through the Substance Abuse and Mental Health Services Administration (SAMHSA). The course provides law enforcement officers with a foundational skill set to better understand and address the behavioral health stressors that are unique to law enforcement. Krista Bouchard is the Wellness Coordinator at HealthTrust. Attention HealthTrust Members! Learn more about creating a resilient workplace at the HealthTrust Summit: Pathways to Resiliency: Well-Being Strategies for a Stronger, Happier Workforce
Check your email for registration details. Sources: Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/emotional-wellbeing/socialconnectedness/affect-health.htm#:~:text=Research%20 shows%20that%20social%20connectedness,%2C%20 and%20improved%20well%2Dbeing.&text=Social%20 connectedness%20is%20the%20degree,for%2C%20 valued%2C%20and%20supported National Institutes of Health: https://oitecareersblog. od.nih.gov/2022/11/07/resilience-understanding-andcommunicating-your-needs-in-the-workplace/ American Psychological Association: https://www.apa. org/topics/resilience and https://www.apa.org/topics/healthyworkplaces/making-difference-at-work National Council for Mental Well-Being: https:// www.mentalhealthfirstaid.org/ and https://www. mentalhealthfirstaid.org/take-a-course/what-you-learn/
Date: December 7, 2023 Time: 9:00 a.m. to 2:45 p.m.
National Alliance on Mental Illness (NAMI) New Hampshire: https://www.naminh.org/trainings/
Location: The Grappone Conference Center, 70 Constitution Avenue, Concord, NH
Substance Abuse and Mental Health Services Administration: https://www.samhsa.gov/dtac/shieldresilience-training-course
Employment Law Hotline A Free Service to NHMA Members 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. The Employment Law 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.
Got an employment issue? Before you act, call 603.623.2500 or email at ehotline@dwmlaw.com. 10
NEW HAMPSHIRE TOWN AND CITY
www.nhmunicipal.org
Explore NHMA’s New Membership Portal: See What This New Member Benefit Can Do For You! 12:00 noon – 1:00 pm Wednesday, December 6, 2023
Upcoming Webinars
In December, NHMA will be rolling out our new online membership platform, which will streamline the way members engage with NHMA, creating onestop shopping for registering and paying for events; updating your municipality’s profile; accessing our member-only resources! Join NHMA’s Business Administrator Judith Pellowe and Communications Coordinator Timothy Fortier who will review the new member portal including resources, tools, payments, forms and more.
NHMA will be hosting two complimentary webinars in December for members of the New Hampshire Municipal Association. The Value of Belonging: Understanding Your Membership Benefits 12:00 noon - 1:00 pm Wednesday, December 13 2023
NHMA offers full membership to cities and towns of New Hampshire and associate membership to any village district, county, regional planning commis-sion, or quasi-municipal public agency serving New Hampshire municipalities. Today, NHMA is proud to represent all 234 cities and towns in New Hamp-shire as well as 52 associate members.
For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 603.230.3350 or email NHMAregistrations@nhmunicipal.org.
www.nhmunicipal.org
Whether you’re new to NHMA or need a refresher on how to optimize your membership with us, there’s always more to see at NHMA.
See what’s waiting for you as a member and explore the value of belonging to NHMA. Join Executive Director, Margaret Byrnes, and Communications Coordinator, Timothy Fortier, as they give a full walk-through of all the membership benefits, including access to a treasure-trove of free resources, available to you as full and associate members.
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Help Your Employees Stay Financially Fit By Laura McCarthy, Communications Specialist, HealthTrust
A
re your employees financially fit? If they are like many Americans, the answer is no. Recent statistics paint a troubling picture:
• About two-thirds of Americans live paycheck-to-paycheck. (SHRM) • In 2022, 35 percent of households were worse off financially than in the previous year (up from 20 percent in 2021). (Federal Reserve) • Only 54 percent of Americans have a three-month emergency fund and one-third could not cover a $500 emergency (18 percent could not cover a $100 emergency). (Federal Reserve)
More and more, health experts are realizing that financial fitness is an important part of overall wellness.
How Can You Help Your Employees Become Financially Fit? As municipal employers, you know that having healthy employees who aren’t burned out on the job contributes not only to better productivity at your workplace, it can also impact the community your employees serve. Given the limited budgets of most New Hampshire municipalities, providing generous raises to your staff may not be an option or even a solution; but there are steps you can take to help your employees get their finances in shape and create a happier, healthier workplace.
• 83 percent of U.S. adults say that inflation is a source of stress for them, with 57 percent reporting that having enough money to pay for things in the present (like rent/mortgage) is their main source of financial stress and 43 percent reporting that saving enough money for the future is their main source of stress. (American Psychological Association).
• Stay attuned to signs of increased stress in your employees, such as excessive tiredness, lack of enthusiasm, negativity, reduced quality of work, frustration, calling in sick more often. Have an honest conversation about what is causing their stress and ask how you can help.
Mental and Physical Health: The Money Factor
• Provide the benefits they need: In addition to offering medical, prescription drug and dental coverage, consider adding the following coverage lines to your benefits package:
Struggling to make ends meet day to day and worrying about not being able to manage emergencies should they arise can lead to anxiety and stress that can affect an individual’s health, as well as impact their work quality and productivity. A Pew Research Center report found that worries about personal health and financial security are related to higher levels of psychological distress – an alarming connection, given that psychological distress is associated with health problems including emotional exhaustion, reduced immune response, heart disease, and increased mortality.
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} Life and disability coverage can help prevent the death or disability of an employee from turning into a lifelong financial crisis for the family. } Flexible spending accounts and/or health reimbursement arrangements can help covered individuals manage their medical costs. • Encourage them to use EAP services. If you offer your employees an Employee Assistance Program, make sure they are aware of the services available. Some EAPs offer counseling services as well as consultations with financial experts, or online resources and tools at no cost to your employees. www.nhmunicipal.org
M U N I C I PA L L AW G RO U P
Representing Municipalities in all areas including
Administration & Finance Land Use Tax Abatements
Labor & Employment Environmental Litigation Bankruptcy
“All our thoughts and notions of civil government are inseparably associated with counties, cities, and towns...” STATE V. HAYES, 1881
law@uptonhatfield.com or uptonhatfield.com
Concord | 6 03 -2 24 -7 7 9 1
www.nhmunicipal.org
Hillsborough | 6 03 - 4 6 4 -557 8
Peterborough | 6 03 - 924 -3 86 4
Por tsmouth | 6 03 - 4 36 -70 4 6
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FINANCIALLY FIT from page 12 • Share local and national resources. The New Hampshire Banking Department has links to multiple financial literacy resources for helping individuals avoid money scams, access free credit reports, and use interactive online tools to learn money management skills, and more: https://www.banking.nh.gov/consumer-assistance/ financial-literacy-resources • Connect with your credit union and local banks. Some offer free seminars and presentations on money management and other financial topics and may be able to come to your workplace to present to your staff or participate in a wellness fair.
Happy Holidays on a Budget: 7 Money-Saving Tips for You and Your Employees Holiday spending can easily leave people in debt, contributing to stress that may last well into the next year. Here are some tips and resources to share with your employees to help them – and you -- sail through the holiday season happy, healthy and financially fit! 1. Make a list and check it twice (or more). Write down the names of all the people to whom you will be giving a gift and how much you want to spend and stick to the list as closely as possible to curb impulse buying. Save your receipts and review them next year to get a realistic look at how much you typically spend and where you could cut back. 2. Minimize shipping costs. If you will be ordering several gifts from 14
one retailer, order them all at once to arrive in one package. 3. Save on groceries. In the weeks leading up to the holidays, read store flyers and shop store sales for non-perishables and foods with a long shelf life. Join your grocery store’s loyalty program for additional discounts. 4. Make it pot luck. Hosting a holiday meal or party? Ask each guest to bring their own favorite holiday dish. It will mean lower costs and less work for you, and will guarantee that everyone has new foods to try as well as their holiday favorites at your table. 5. Make it, bake it, give it: Whether you make holiday cookies, homemade jam, mittens, jewelry, ornaments, a framed photo, or other creations, gifts you make yourself show how much you care, typically cost less, and can be oneof-a-kind presents recipients will treasure. 6. Share your time and expertise: Instead of purchasing gifts, create homemade gift certificates for services such as free babysitting or pet sitting, help organizing a room or closet, free rides to the airport, knitting, cooking or baking lessons – whatever skills you have and want to share. 7. Indulge in some free (or almost free) fun. Start a tradition of taking a post-Thanksgiving meal family walk, play a touch football game or a favorite family board game, decorate gingerbread houses, or do another fun activity. Set aside an afternoon during the season for sledding, ice skating or a hike on a cleared, wooded trail
NEW HAMPSHIRE TOWN AND CITY
followed by hot chocolate and cookies. Attend a service at a place of worship other than your own. Go caroling. Host a cookie swap party so everyone leaves with a variety of holiday cookies. Take a family drive around your town to admire all the holiday decorations and vote for your favorites. Take time to have fun with people you love this holiday season and you may not only spend less money, you will share the best gift of all – happy memories. Good News for HealthTrust Members! If your Group offers HealthTrust medical coverage, your employees, retirees, their dependents and household members have access to valuable tools and resources for getting their finances in order through the LifeResources Employee Assistance Program (EAP) offered by HealthTrust in collaboration with ComPsych. Through the EAP they can consult a certified public accountant or other financial expert at no cost to them. They can also use the valuable online tools offered through WellthSourceSM, a digital financial wellness platform that helps users create a well-planned, flexible and sustainable lifestyle of healthy financial choices and habits.
Key WellthSource Features: • An interactive digital platform that creates a personalized financial wellness curriculum for each user. • Easy-to-follow digital modules to create a legally binding will and personalized financial plan. • Needs-based, guided programs on key areas of financial well-being. • Convenient online and mobile www.nhmunicipal.org
access to thousands of cuttingedge financial tools and services. • Access to ComPsych’s dedicated staff of impartial, in-house CPAs, CFPs and other financial experts. For more information about WellthSource and all resources and services available through the EAP, contact the LifeResources Employee Assistance Program at 800.759.8122. Laura McCarthy is the Communications Specialist at HealthTrust. Sources: Society for Human Resource Management: https://www.shrm. org/resourcesandtools/hr-topics/ compensation/pages/high-inflationdrives-more-employees-to-live-paycheckto-paycheck.aspx
Purdue University: https://www. purdue.edu/hr/CHL/healthyboiler/news/ newsletter/2020-01/finances-health. php#:~:text=High%20levels%20 of%20financial%20stress,a%20 feeling%20of%20being%20overwhelmed
Federal Reserve: https://www.federalreserve.gov/newsevents/pressreleases/files/ other20230522a1.pdf https://www.federalreserve.gov/consumerscommunities/sheddataviz/worseoff. html American Psychological Association: https://www.apa.org/news/press/releases/ stress/2022/concerned-future-inflation and https://www.apa.org/news/press/ releases/stress/2022/infographics/infographic-money-inflation
National Center for Biotechnology Information: https://www.ncbi.nlm. nih.gov/pmc/articles/PMC8806009/ American Bankers Association: https://www.aba.com/advocacy/community-programs/consumer-resources/ manage-your-money/holiday-budget-tips
Pew Research Center: https://www.pewresearch.org/short-reads/2021/03/16/ many-americans-continue-to-experience-mental-health-difficulties-as-pandemic-enters-second-year/
USDA: https://www.usda.gov/media/ blog/2013/03/28/healthy-eating-budget
Basic Loan Requirements:
The Bond Bank’s Next Bond Issue will be on January 9, 2024 Check our website www.nhmbb.org for interest rate results July 2023 Bond Sale Results - True Interest Cost for: 5 year loans 3.26% 10 year loans 2.99% 15 year loans 3.35% 20 year loans 3.65% 30 year loans 4.09%
Are you planning a capital project for 2024? We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.
• Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion
To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com.
www.nhmunicipal.org
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Strengthen Your Workforce! By David Salois, Member Relations Representative
In a tight labor market, how to attract and retain the best employees
H
ave you experienced challenges recently when trying to hire and retain quality employees? If so, you are not alone!
New Hampshire has the lowest unemployment rate – 1.7% – of any state in the country, according to the National Conference of State Legislatures. For every one unemployed Granite Stater there are three unfilled positions, reports the New Hampshire Fiscal Policy Institute (NHFPI). While low unemployment is good news in some ways, it also supports what many employers already know – there just aren’t enough people looking for jobs to fill all the open positions, and competition for the best employees is getting fierce. Attracting and retaining top employees is a critical concern for communities striving to maintain a skilled and dedicated workforce.
The Secret to Attracting and Keeping Top Employees One of the most important factors in attracting and keeping top talent is a comprehensive benefits packet that includes not only medical, prescription drug, and dental coverage but also disability and life benefits. Here’s why: • One in four American adults will become disabled before reaching retirement age, according to the Social Security Administration. • Here in New Hampshire, sickness and disability are the number one reason unemployed individuals give for not working, beating out other factors such as caring for a family member, lack of transportation, or getting laid off, according to the NHFPI. • People with a disability are at increased risk of living below the poverty line.
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• Losing a loved one who is also the family breadwinner can be financially – as well as emotionally – devastating. By providing life, long-term, and short-term disability coverage for your employees, you are giving them vital lifelines that could keep them and their families afloat in times of crisis. Such safety nets not only protect their financial wellbeing but also show your employees you care about them, which can lead employees to be more dedicated and ultimately more productive.
The Facts of Life Coverage The death of a loved one can leave a huge hole in families. In addition to the emotional impact, when the deceased is a breadwinner, their death can create financial struggles for the family that can last a lifetime. Life coverage can make a huge difference by ensuring an employee's loved ones are financially protected in the event of the employee’s death. By offering life coverage, you demonstrate your concern for the long-term security of your employees' families. This sense of security can extend to the employees themselves, promoting a feeling of stability.
Understanding Disability Coverage Long-term and short-term disability coverage are key components of a comprehensive benefits package. • Long-term disability coverage provides employees with financial support if they are incapacitated due to illness or injury for an extended period. This coverage offers assurance to employees and their family members that they will not be left in a dire financial situation should the employee face an unexpected health challenge. • Short-term disability coverage is provided for shorter periods of incapacity and ensures that employees continue to receive a percentage of their income during recovery.
www.nhmunicipal.org
Investing in comprehensive benefits for employees demonstrates a leadership team’s commitment to them and to the community as a whole. Employees who feel cared for and protected are more likely to remain loyal and engaged. For municipal employers, the positive reputation that a community gains as a supportive and empathetic employer can bolster its reputation as a desirable place to live and work.
New Hampshire Fiscal Policy Institute: https://nhfpi. org/resource-type/fact-sheets/ and https://nhfpi.org/resource/ granite-state-workers-and-employers-face-rising-costs-andsignificant-economic-constraints/
In this tight labor market, communities are defined not just by physical boundaries, but also by the opportunities and benefits they offer. Prioritizing life, long-term and shortterm disability coverage is a strategic investment that pays dividends for employees, their covered family members and the community. It defines “Win – Win.”
National Conference of State Legislatures: https://www. ncsl.org/labor-and-employment/state-unemployment-rates
US Census Bureau: https://www.census.gov/data/ tables/2023/demo/hhp/hhp54.html
Roberts & Greene, PLLC Comprehensive Governmental Auditing and Accounting Services
David Salois is the Member Relations Representative at HealthTrust.
Contact us for:
Consider Adding Life and Disability Coverage to Your Benefits Package
Audits of Financial Statements Financial Statement Preparation Accounting Assistance Staff Training Management Advisory Services
Adding coverages to your benefits package may be easier and more cost-effective than you anticipate. For more information, a proposal, or to review your current benefit strategy, contact your HealthTrust Benefits Advisor (if you are currently a HealthTrust Member) or David Salois, HealthTrust Member Relations Representative at dsalois@healthtrustnh.org 603.230.3382.
Accuracy Communication Timeliness
Sources:
PO Box 463 Keene, New Hampshire
If you’re not 603-856-8005 getting it, you’re not getting it.
Social Security Administration: https://www.ssa.gov/disabilityfacts/facts.html National Library of Medicine: https://pubmed.ncbi.nlm. nih.gov/29444777/
Email: info@roberts-greene.com
Don’t be caught without it! If you're not getting it, you're not getting it. Don't be caught without it!
NewsLink gives you all the latest information on upcoming workshops, webinars and other training events.
This bi-weekly is the information most NewsLink giveselectronic you allnewsletter the latest comprehensive resources for local government on upcoming workshops, officials in New Hampshire. webinars and other training events.
To get all the news you can't afford to miss, This bi-weekly newsletter subscribe to NewsLinkelectronic at www.nhmunicipal.org The E-newsletter of the New Hampshire Municipal Association
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is the most comprehensive resource for local government officials in New Hampshire. NOVEMBER/DECEMBER 2023
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Closed Landfills in New Hampshire By Jennifer Griffith, Project Manager, Northeast Waste Management Official’s Association
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losed landfills are a long-term liability for municipalities because they can create environmental and other problems that negatively impact residents and others. Landfill owners, including municipalities, are responsible for the costs to cleanup environmental contamination. Therefore, it is important that municipal officials are aware of the location and condition of all closed landfills in their community. Many New Hampshire towns have more than one closed landfill – one that residents remember using (often near the location of the current transfer station) and one or more used before that one opened.
Environmental and liability concerns center around four areas:
The Northeast Waste Management Officials’ Association (NEWMOA)1 worked with the New Hampshire Department of Environmental Services (NHDES) on a project to improve stewardship of closed landfills. The project mainly focused on old unregulated landfills. Additional requirements for landfills in New Hampshire that ceased operations after July 9, 1981 are outlined later in this article.
A walkover inspection should be conducted at least twice a year by a knowledgeable municipal employee or a professional engineer. Inspections should be conducted in the spring following snowmelt and in the fall after a mowing event. Inspectors should look for:
The Project developed three helpful resources: • Best Management Practices (BMP) Guide –Outlines common issues at closed landfills and recommended activities to address them: https://www.newmoa.org/ nh_closed_landfill_bmps/ • Municipal Checklist – Helps towns ensure that all monitoring, tracking, and inspection activities are completed on an annual basis: https://www.newmoa.org/ nh_municipal_checklist/ • Inspection Checklist – Helps ensure that landfill inspectors review and document the condition of important features: https://www.newmoa.org/nh_inspection_checklist/ 18
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• Contamination of water resources; • Generation of methane gas; • Physical hazards; and • Encroachment of development. To address these concerns, two key activities should be undertaken every year: walkover inspections, and mowing.
Inspections Every Year
• Soil cover: tree growth, animal burrows, erosion, and exposed waste • Grass cover: bare spots and dead grass/vegetation (could indicate a methane gas problem) • Cover grading: settlement or areas where water can pond; and sloughing of side slopes • Stormwater management: obstructions in ditches, culverts and other features, erosion, or excessive sediment accumulation • Access restrictions: evidence of ATVs, dirt bikes, or other unauthorized access
Annual Mowing Tree growth must be prevented on landfills because the shallow cover soils will not support trees as they mature, making them susceptible to being blown over. Blown over trees will damage the cover soils and can expose waste. Tree roots also www.nhmunicipal.org
provide a pathway for water to enter the waste, increasing leachate generation. Closed landfills must be mowed at least once a year – preferably in October to avoid killing butterflies and nesting birds and animals. It is important to mow both the top and the side slopes to prevent woody growth.
Contamination of Water Resources When it snows and rains, water enters the landfill and moves through the waste, becoming what is known as leachate. Leachate can contain such contaminants as heavy metals and inorganic compounds. Contamination levels in leachate tend to decrease over time, but remain a concern for many decades. The bottoms of old landfills were not lined. As a result, leachate may flow downward and enter groundwater, or break out at the landfill’s surface and flow into surface waters. Leachate in groundwater can travel and pollute drinking water wells and surface water systems.
• Healthy grass covers waste areas } Prevents soil erosion by water or wind that can remove the cover vegetation and soil, increase leachate generation, and expose waste • Cover soil is graded to reduce infiltration and to promote run-off } Waste can settle over time, causing depressions in the landfill surface that allow for ponding water (increasing leachate generation)
Leachate breakouts or “seeps” are usually orange or rust-colored liquid that comes out of a landfill side slope or at the base of the landfill. A leachate seep creates a potential hazard and must be addressed immediately by contacting a professional engineer or NHDES.
• Run-off is diverted off and away from the landfill without causing erosion } Runoff channels should have good grass growth or added gravel or riprap to prevent scouring
Properly maintained cover soil and vegetation systems are effective at reducing the risk of water resource contamination. Landfill owners should make sure that:
Generation of Methane Gas
• No waste is exposed • A good depth of soil covers all waste • Cover soil is kept intact and maintained www.nhmunicipal.org
As organic wastes in a landfill age, they decompose and generate methane and other gases. Gas production can continue for decades after a landfill closes. Methane gas, at certain concentrations, can explode or otherwise fuel a fire. Methane gas migrates along the path of least resistance and can be present in structures on or near the landfill, and
underground at a significant distance from the landfill - 1,000 feet or further, particularly if it enters an underground utility line. Structures should not be built on top of or near an old landfill. Gas levels should be measured in soil at the property boundary and in any on-property buildings at least once a year.
Physical Hazards Old, closed landfills can make tempting locations for ATVs and other unauthorized uses, including illegal waste disposal or dumping. These uses create injury hazards and liabilities for the landfill owner. ATV trails and other trespassing can disturb the landfill cover and increase erosion, promoting leachate generation and potentially exposing waste. Prevent trespassing by installing fences or constructing boulder barriers, and placing no trespassing and other warning signage around the landfill.
Encroachment of Development A potentially significant liability is residential and other development near an old landfill, especially if the new building(s) will rely on a groundwater NOVEMBER/DECEMBER 2023
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CLOSED LANDFILLS from page 19 Jennifer Griffith is Project Manager with the Northeast Waste Management Official’s Association. She can be reached by email at jgriffith@newmoa.org or by phone at 617-367-8558 x303. Footnotes: 1 NEWMOA is a non-profit, non-partisan, interstate association whose membership is composed of the state environment agency programs that address pollution prevention, hazardous waste, solid waste, and waste site cleanup in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont (www.newmoa.org) 2
N.H. Code of Admin. Rules, CHAPTER Env-Sw 800 LANDFILL REQUIREMENTS, PART Env-Sw 807 CLOSURE REQUIREMENTS at: https://www.des.nh.gov/sites/g/files/ehbemt341/ files/documents/2020-01/Env-Sw%20800.pdf
well for their water supply. Groundwater might already be contaminated from the landfill, and/or the new pumping might cause contamination to spread and move into the well. Methane gas can also migrate into nearby structures, as discussed above. To reduce encroachment: • Include a notice on the landfill property deed and record it at the Registry of Deeds • Increase awareness of the location of landfills, particularly among local officials that oversee real estate development • Adjust zoning and planning ordinances and codes to limit development near landfills Additional Requirements for Landfills that Closed After July 9, 19812 Landfills that stopped receiving waste after July 9, 1981 need to have: a permit; an approved Closure Plan; and, at most landfills, a groundwater permit. The Closure Plan sets out the 20
requirements for closing a landfill and also includes a written Post-Closure Inspection, Monitoring, and Maintenance Plan. Closed landfill permittees must conduct two inspections per year and file those reports with NHDES and must also complete and submit to NHDES an “Annual Post-Closure Report” by March 31st every year.3 So-called “Brady Bill” landfills are not exempt from these requirements per RSA 149-M:9, XIII. Municipal landfills regulated under the Brady Bill did not have to install a costly multi-layered engineered cap when they closed, but municipalities are still responsible for ensuring the landfill is inspected and maintained, and the results of such are submitted to NHDES.
3 The report form is available at: https://onlineforms. nh.gov/app/#/formversion/b1f20409-b048-430cb28a-2cc1d493e3f1?FormTag=NHDES-S-05-057
WE CHECK ALL YOUR BOXES Grant Administration Assistance Land Surveying Transportation Engineering Structural Engineering Environmental Compliance Construction Administration
The New Hampshire Department of Environmental Services (NHDES) can answer questions and provide advice and limited technical guidance to municipalities. Contact NHDES’ Solid Waste Management Bureau: (603) 271-2925 or solidwasteinfo@ des.nh.gov.
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NOVEMBER/DECEMBER 2023
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Following the Rulemaking Process of New Hampshire’s First Right-to-Know Ombudsman By Brandon Latham, UNH Law Student and NHMA’s Legal Services Intern
N
early one year after Thomas Kehr was sworn in as New Hampshire’s first Right-to-Know Ombudsman, fulfilling the legislative vision passed in 2022’s HB 481, the picture of what the office is and how it will work is becoming clearer. As previously reported in the May/June edition of Town & City, the office of the Right-to-Know Ombudsman provides an alternative pathway for citizens to bring grievances if their right to observe proceedings or inspect records under RSA 91-A were unreasonably restricted. Previously, such complaints had to go straight to Superior Court, risking large costs to governments and complainants alike and a sloweddown, drawn-out process. Complaints can still be brought in the courts, but adjudications through the ombudsman’s office (the “RKO”) are intended to be less costly and more efficient without sacrificing the protections of judicial legitimacy; the RKO is bound by the state’s Administrative Procedure Act and its decisions are appealable to the courts. Complaints are initiated when any aggrieved party – the person whose right-to-know request just got denied – files a signed, written complaint and $25 fee (which may be waived). The hearing will be subject to the Administrative Procedure Act requirements to post notice and be open to the public (with exceptions) subject to the Right-to-Know law. As for the rest of the rules and procedures, the office is empowered to undergo its own administrative rulemaking, setting processes, establishing expectations, and crafting ethical standards. When Town & City last published an update on the RKO, the rulemaking process had only just begun and there were many questions about what the rules might say. Now, the process is further along, but there are still many questions to answer.
submit data, views, or arguments,” which the agency must consider. In February, the office announced it was beginning rulemaking and sought comments. The New Hampshire Municipal Association and others offered comments throughout the spring and, on July 26, 2023, Kehr issued the RKO’s “Initial Proposal” for its administrative rules. Following this announcement, Kehr presided over a public comment hearing on September 6 in Concord attended by NHMA as well as citizen activists and representatives from local media organizations.
What Have We Learned? The draft rules proposed in August by the RKO can be found under Notices on the Secretary of State's website, with Sections 100 and 200 focusing on the office itself and hearing procedures and Section 300 focusing on the ethical requirements of the ombudsman. The hearing process is initiated when a complainant delivers their complaint and fee to the office. Requirements for complaints and the initiation process are laid out in proposed rule 203, which also provides for how complainants can have the fee waived. Following the delivery and initiation, the office will notify the other party, which will usually be an agency, city, or town.
The Rulemaking Process
Upon receiving notice, the responding agency, which includes the state’s 234 municipalities, has similar requirements. The office will provide a form, and the respondent must return it with the name of the respondent entity including particular office or department, and it must identify the individual authorized to represent the agency or municipality. At this time, the RKO is requiring everything be delivered in hardcopy form.
Like all state agencies in New Hampshire, the RKO is required to execute notice and comment in advance of rulemaking, allowing any “interested persons” to “testify and
Once a hearing begins, there are strict procedures. Hearings will take place in person in Concord, unless a party has formally motioned for an exception. The ombudsman alone can
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www.nhmunicipal.org
What Do We Still Not Know?
grant motions to move proceedings if he determines that doing so would be beneficial to the efficiency of the office and fairness of the proceeding, considering these elements: distance to Concord for a witness, location of relevant evidence, availability of appropriate technology (as of the September hearing, the RKO does not have a webcam), importance of in-person proceedings to the hearing, costs to the witness and ombudsman, perceived importance of procedure, potential impact of changing procedure, and any other matter which may bear on the decision. The rules of evidence as seen in court do not apply, but the RKO rules address how information will be gathered and assessed. Witnesses and exhibits must be disclosed in advance, at least five days before the relevant proceeding is scheduled to occur. Objections and cross-examination will be allowed during hearings, and testimony will be presented first by the party bearing the overall burden of proof (usually, the complainant), followed by the party opposing the party bearing the burden of proof. Any documents or other nontestimonial evidence must be made available to the opposition unless the ombudsman waives that requirement. Failure to meet this requirement or any procedural requirement can result in a conditional or default judgment against you, as noted in the rules. Remember, Right-to-Know rules apply, so hearings are open to public observation; however, they are not open to public participation. www.nhmunicipal.org
In its initial written comments prior to the rules being drafted, NHMA asked for clarification on several points, including: whether access to the office is available only to New Hampshire citizens, whether the office will followup to ensure compliance with orders, and how ongoing disputes after rulings ought to be resolved. In the initial proposed rulemaking, these were not addressed. The final draft may include items not included in the initial draft, so observers can wait and see.
What Might Change? After releasing the initial draft, the RKO hosted a public comment hearing, where citizens could voice their concerns, ask questions, and otherwise provide feedback on the first round of proposed rules. Discussion that day revolved around two main topics. First, Kehr and a representative of a local media organization discussed the process of requesting information from the Right-to-Know Ombudsman itself under the Right-to-Know law. Rule 103 in the proposed rules addresses this, but it is important to remember that it is for this office only; despite the apparent expertise the office has over records requests, Rule 103 should not be construed as a template for others. Possible changes to the rule that were brought up included clarification that requested records may be delivered in their original form if possible, not just as printed copies. For example, if a journalist requests an Excel spreadsheet used by the Ombudsman and it is not subject to an exemption, he would not need to print it and deliver in hard-copy form, he could email the document file.
Additionally, regarding public access, the proposed rules say the ombudsman would have the right to bar entry of additional observers (possibly including media members) to respect limited space and fire codes in hearing rooms. Kehr said he would consider an alteration to recommend the ombudsman instead adjourn atcapacity hearings until a larger space could be found. Second, attendees voiced concerns for the costs of access. There was discussion of the filing fee itself, which is currently set by statute at $25 and able to be waived if a complainant shows it is “unable to pay.” Speakers at the public hearing argued that there is a variability between $25 and $0, and that there are circumstances outside of complete inability to pay in which the fee may be preventative. Because the fee amount is determined by statute, the waiver requirements are unlikely to change. There is also a fee for obtaining records from the office. Draft rule 103.01(d) says the office will charge 25 cents per 8.5x11 page when delivering on records requests, a number Kehr says he reached by researching what other offices charge and considering the standards articulated by the Supreme Court. He said he was willing to consider other pricing ideas and sought feedback from commenters on whether a rule stating the something like following would make more sense: “actual cost of copying (including for paper and ink), excluding the cost of labor, not to exceed 25 cents” or similar. Media leaders were more comfortable with this, but it did not assuage concerns about unnecessary charges and the possibility of abuse. There would still be no ceiling for non-8.5x11 requests, and the rules would still not be clear what needs to be printed (and charged for) versus what can be delivered digiNOVEMBER/DECEMBER 2023
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NHMA’s 82nd Annual Conference and Exhibition Wednesday, November 15 and Thursday November 16 DoubleTree by Hilton Downtown Manchester Hotel Manchester, New Hampshire Zap the Gap: How to Make Peace and Work Effectively in a Multi-generational World
WEDNESDAY, NOVEMBER 15 KEYNOTE SPEAKER: Meagan Johnson Meagan is known as a "Generational Humorist" challenges her audiences to think differently and act decisively when dealing with multiple generations. In her presentation, Zap the Gap: How to Make Peace & Work Effectively in a Multigenerational World,, she explains how each generation developed its values and how these values creep into the workplace and marketplace. Each generation holds fast to its values, so it's important to understand and respect them to bring out the best in everyone.
NEW THIS YEAR! Together with the Municipal Management Association of New Hampshire, we are bringing back the Wednesday night banquet! Mark your calendars to join us Wednesday night for award recognitions, big laughs, great fun and entertainment. Only $30 per person! Comedy Magician Dewayne Hill started performing magic at the age of 16. After performing two professional shows, he received the attention of a local TV show producer and was asked to be a guest on the show to perform. After several articles and news clips hit the press Dewayne started performing in a local comedy club. It was here where he perfected the art of joking and storytelling while performing amazing magic tricks. You won’t want to miss this show!
Member Rates (1 day)=$135 ($125 if pay electronically) (2 days)=$175 ($165 if pay electronically) Affiliate Members/State Employee Rates (1 day)=$190 ($180 if pay electronically) (2 days)=$240 ($230 if pay electronically)
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Who Should Attend? Mayors; Select Boards; Council Members; Municipal Managers; Finance Officers; Public Works; Road Agents; Planners: Assessors; Welfare Officials; Code Enforcement; Information Technology; Cemetery Trustees, Trustees of Trust Funds, Building Inspectors and anyone in municipal government!
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For details, visit www.nhmunicipal.org under Calendar ofof Events. For For details, details, visit visit www.nhm www.nhm unicipal.org unicipal.org under under Calendar Calendar of Events. Events. Questions? Call 603.230.3350 oror email conference@nhmunicipal.org. Questions? Questions? Call Call 603.230.3350 603.230.3350 or email email conference@nhmunicipal.org. conference@nhmunicipal.org. www.nhmunicipal.org
NOVEMBER/DECEMBER 2023
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RULEMAKING PROCESS from page 23 tally for free. Similar to other records rules, media company representatives hoped Kehr would make it clear this is not supposed to be a model for agencies.
What’s Next? As of the September 6 hearing, Kehr intended to hold another public hearing (not legally required) on the updated final rules, which he expected to announce within a few months. Meanwhile, appeals continue, as citizens take advantage of the streamlined process. Brandon Latham serves as an NHMA Legal Services extern. He is a third-year law student at the University of New Hampshire and a master’s degree candidate at Vermont Law School.
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LEGISLATIVE POLICY COMMITTEES ARE NOW FORMING NHMA is now recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September. We hope to have 15-20 members on each committee. There will be an organizational meeting for all committees on Friday April 5. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May.
What is a Policy Committee? Legislative Policy Committees help to establish the policies that guide the Association’s legislative efforts.
When do Policy Committee Meet? Policy Committees will meet several times in April and May depending on the number of legislative policy proposals submitted by members.
Who Can Join? Any current city or town official is eligible to serve on a legislative policy committee.
www.nhmunicipal.org
Finance and Revenue - budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding. General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety, other governance and legal matters. Infrastructure, Development, and Land Use - solid/hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development
NHMA Relies on its Members to Help Shape its Legislative Agenda If you are a local official in a NHMA member city or town and are interested in serving on one of the policy committees, please contact the Government Affairs staff at 603.224.7447 or at governmentaffairs@nhmunicipal.org.
NOVEMBER/DECEMBER 2023
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Creating Accessible and Inclusive Cities & Towns for Individuals with Disabilities By Colleen Durkin-Blackburn and Michelle Ying National Center on Accessibility Program at the Eppley Institute of Parks and Public Lands of Indiana University
A
ccessibility is well known as a requirement for parking, pathways, bathrooms, buildings, and programs. What is lesser known is the benefit accessible design provides to all citizens. The following addresses going beyond the minimum requirements for accessibility to create an inclusive and welcoming community that provides for the current and future needs of its citizens.
A Quick History of Accessibility In the 1950s, after many veterans returned from World War II and the Korean War with disabilities, the barrierfree movement began. It resulted in national standards for “barrier-free” buildings being set in 1961 and 1968 with the passage of the Architectural Barriers Act, applicable to federally funded buildings. With efforts to establish the rights of individuals with disabilities to live independently, the disability rights movement had a major victory with the passage of Section 504 of the 1973 Rehabilitation Act. Section 504 prohibited discrimination based on disability in access to employment, education, and society. In 1990, the Americans with Disabilities Act (ADA) became law. The ADA prohibits discrimination based on disability in five areas: (Title 1) employment, (Title 2) state and local government, (Title 3) public accommodations and services operated by private entities, (Title 4) telecommunications, and (Title 5) miscellaneous provisions. The ADA required the US Access Board to establish minimum guidelines for new construction and alterations to existing facilities. These minimum guidelines, the 2010 ADA Standards for Accessible Design establish a good reference point for state and local governments that make changes to existing facilities (US DOJ, 2010).
Going Beyond the Minimum Standards for Design By 1994, 53.9 million people in the US (20.6% of the population) had some level of disability (McNeil, 1997).
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In New Hampshire, the Centers for Disease Control and Prevention determined that 26% of adults have a disability, higher than the national average. The principles of universal design are an important step in designing physical spaces and programs for all individuals. When considering renovations or new construction to both interior and exterior spaces, such as parks, libraries, or public pools; it’s important to design for universal use and ensure that all individuals can access and use these community services and resources. Universal design should be implemented early in the planning process and included as part of the funding considerations. According to the Center for Excellence in Universal Design, it is defined as: “1. The design and composition of an environment so that it may be accessed, understood, and used i. To the greatest possible extent, ii. In the most independent and natural manner possible, iii. In the widest possible range of situations, iv. Without the need for adaptation, modification, assistive devices, or specialized solutions, by any person of any age or size or having any particular physical, sensory, mental health, or intellectual ability or disability, and 2. Means, in relation to electronic systems, any electronics-based process of creating products, services, or systems so that they may be used by any person.” Universal design has a degree of benefit to all individuals using a space or product, because ability is a continuum and can change for an individual over time and space. Additionally, life expectancy and survival from illness and injury have both greatly increased in the past 100 years, which results in a larger population of people with disabilities, only expected to increase in the future. Universal design can also boost public image and increase market reach of a product or place (Center for Excellence in Universal Design & Institute for Human Centered Design).
www.nhmunicipal.org
emphasis on the person rather than a disability using terminology such as “a person who…” or “a person with…” (youth.gov). While some people with disabilities prefer identity first language (Disabled person, Autistic person, Deaf person), person first language as a default is accepted by most people with disabilities, especially in shorter interactions.
Image of an unmaintained beach mat resulting in an inaccessible route. Photo Credit: Colleen Durkin-Blackburn, Senior Program Manager, Eppley Institute. 2022.
Next Steps: Fostering Inclusion & Belonging While the ADA standards provide for minimum access, they do not address inclusion or belonging – goals that all public and private entities should aim for. What’s the difference? According to Jeffrey Howard of www.inclusion.hub and www.youth.gov, the difference is summarized as follows: Accessibility - means that no one is prevented from using a particular product, place or service based on ability. Inclusion - goes a step further to ensure that not only do all individuals have access, but they also have clear
opportunities to contribute and participate in similar ways as their peers. This could include removing barriers to engagement and ensuring representation. Belonging - means that all individuals have a sense of acceptance, support, and social bonding. In other words, they are an integral part of the community rather than being prevented from full inclusion or simply being tolerated. With these summaries in mind, how can our communities begin to foster inclusion and a sense of belonging for our citizens with disabilities? A great first step is the use of person-first language. Person-first language puts
However, with any inclusion work, be it universal design, changing your language, or anything else, it’s important to recognize that it is a process, and a way of thinking. A single change, or meeting the standards, is not inclusion, nor is developing your next project with the principles of universal design focused on one disability. Making the effort to think about and incorporate inclusive practices from the beginning of a project, to analyzing it after, and every place in between, is the best way to ensure that your spaces are inclusive and welcoming for all. Colleen Durkin-Blackburn is the Senior Program Manager of Accessibility and Park Planning at The Eppley Institute of Parks and Public Lands within the Indiana Institute on Disability and Community at Indiana University. She can be reached by email at cadurkin@ iu.edu or through The Eppley Institute website at: eppley.org
Transportation | Water& Wastewater | Solid Waste | Structural
CMA
ENGINEERS
pursue excellence PORTSMOUTH, NH | MANCHESTER, NH | PORTLAND, ME www.cmaengineers.com
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Debunking Taj Mahal Syndrome: Developing Municipal Facilities that Meet Your Community Needs By William Gatchell, AIA, Associate / Municipal Market Leader, Harriman
Some call it the Law of More, or Taj Mahal syndrome.
I
t’s the perception that proposed municipal projects— like a new public safety complex or town hall—are inordinately lavish or contain features above and beyond what’s necessary to service a community. New city halls and public safety complexes sometimes draw criticism from residents and officials worried about cost. Many existing municipal buildings in New Hampshire aren’t designed to accommodate 21st century needs, and as time passes these needs only grow.
Justifying design choices to communities can be delicate. The conversation often falls to consulting architects and engineers or public officials to properly inform the public about the necessity of renovating or building a new municipal facility and justifying its price tag. A project criticized as “a Taj Mahal” is likely a significant improvement to a facility that fails to meet the basic operational needs of its users. It only seems fancy relative to the condition of aged municipal infrastructure. Addressing this criticism directly—by emphasizing that a well-designed facility meeting functional requirements for safety, professionalism, and longevity is the best way to meet modern safety or municipal needs—can help deflate community opposition and educate residents about what is really necessary to meet current and future needs. Here are three strategies to address Taj Mahal syndrome. Use the Ford Truck analogy. Municipal facility projects involve numerous decision makers—from administrators, public works directors, police and fire chiefs to community members—so a simple, consistent communications strategy is key. Think of that new police or fire station or town office as a reliable Ford pickup truck: it’s designed to be a workhorse that comes with varying degrees of utility. An F150 is not 30
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embellished, nor is it inexpensive: it is designed practically to perform well and to last. This simple analogy can help address community concerns by enabling you to explain why a project is necessary.
Atkinson, NH Police Station - This new municipal building offers the appropriate amount of increased space and updated services to meet their community’s needs.
Consider some typical municipal facility upgrade requirements: • Fire stations must now accommodate larger trucks (that can carry more water) and provide spaces that better protect occupants’ health. • Town offices need improved air quality requirements and better, ADA-compliant access for the general public as well as reasonable security measures such as separation of public and staff. • Growing communities have more roads to plow and bigger fleets to meet the increasing expectations of residents. Public works facilities may need large vehicle bays to accommodate larger trucks with plow blades or loads of road salt, sand or brine. Using the truck analogy, these upgrades will transform your municipal project into something like a Ford F-150 pickup, www.nhmunicipal.org
one that meets basic functional and performance requirements, not the luxury Super Duty F-250 Platinum. And a budget-conscious Ford Ranger is not going to be up to the task. Share information beyond design and construction costs. Municipal projects have complex approval processes. These projects are typically bonded for 20 years, requiring designs that outlast the bonding duration and are long-term community investments; selecting the cheapest option is not the best value. There are sometimes hidden costs such as purchasing custom fire apparatus to fit in older fire stations or high liability for dangerous DPW maintenance areas. In fact, credentialed public safety facilities such as a CALEAcompliant law enforcement facility lowers a community’s liability insurance premiums. Many facilities have served their communities long after replacement was needed; towns often experience an artificially lower tax burden than if the facility was replaced, which typically comes at a premium. Sharing information with the community and other decision-makers is vital to your project’s success. Identify your stakeholders, figure out the best way to reach them and invite them to conversations about your project. You may be reaching out to area business owners, neighborhood groups, and others who can involve their communities in your planning process. Engage your municipal employees in the process: they will directly benefit from the new project. Explain how this is an opportunity to build trust with the community, making the town more responsive to their needs. Bring experts to the table. Managing construction or renovation of government buildings, fire and police stations, and public works buildings requires an ability to juggle many priorities while establishing relationships with multiple stakeholders. As architects and engineers, we often step into this role for our clients, acting as their advocates during public meetings and presentations. We not only bring building type expertise but curiosity and excellent listening skills; our goal during these gatherings is to understand the wishes and desires of community members so we can develop successful design solutions. Our job is to design a facility that meets the community’s needs and supports the operational goals of its users. Architects and engineers can provide specialized expertise such as:
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Hudson, NH Fire Station - This reception area at the Hudson, NH fire station, keeps staff spaces secure while conducting public business.
• Knowledge of code requirements for critical facilities such as public safety. • Understanding a community’s changing needs and designing a new building accordingly. For example, public libraries are now community meeting spaces, hosting children’s and senior’s programming, providing training opportunities and more. The design team can facilitate rethinking how a municipality approaches its service to their community. • Design the right amount of community access spaces and meeting rooms to serve the municipality without creating an excess of building square footage across the town’s facilities. It may also be necessary to establish a lead decision-maker for your project, someone who can gather input from stakeholders and make sure everyone is clear on next steps, budgets and timelines. The extra effort you put into explaining your municipal project succinctly, reaching out to the community, and using experts to help communicate your goals will help it stay on track through the approvals process. And instead of the Taj Mahal, your constituents will be focused on the value of the community’s investment: a facility that meets its utility needs today and serves the community for decades to come. William Gatchell, AIA, is an associate and senior architect with Harriman out of the Portsmouth, New Hampshire office. Will can be reached by phone at 603.626.1242 or via email at wgatchell@harriman.com
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NHMA Gears Up for 2025-2026 Legislative Policy Process By Natch Greyes, Government Affairs Counsel
It’s Never Too Early to Submit Policy Suggestions Our Advocacy Efforts Matter! Your Voice Matters More! Established in 1941 as a voluntary association of New Hampshire’s cities and towns, the New Hampshire Municipal Association has served as the primary legislative advocate for New Hampshire’s municipalities, representing its members at the state legislature and before numerous federal and state administrative agencies. We are a unique advocacy organization in that we do not support or endorse any candidate or political party. Our ability to maintain significant political relevance is tied directly to our advocacy efforts and the relationships we have cultivated over many years with state and municipal leaders, the New Hampshire Legislature, state agency officials and other stakeholder groups. As many municipal officials already know, our legislative work is a full-time, year-round job. It is an ongoing process and staff members have already been working on laying the foundation for the next legislative biennium. The success of NHMA’s legislative efforts, in large part, depends on you. You work at the level of government that is closest to the citizens and you are uniquely situated to help legislators understand how pending legislation affects your city or town.
Step One: Get Involved – Volunteer for a Policy Committee As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September 2024. Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows: 32
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• Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding. • General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety, other governance and legal matters. • Infrastructure, Development, and Land Use – solid/ hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development. When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among the committees. We hope to have 15-20 members on each committee. There will be an organizational meeting for all committees on Friday April 5, 2024. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May. The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies. Once the committees complete their work, their policy recommendations will be sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish positions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference in September.
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New Municipal New Hampshire Municipal Association Explanation of Proposed Policy Submitted by (Name):
Date:
Title of Person Submitting Policy: City or Town:
Phone:
To see if NHMA will SUPPORT/OPPOSE:
Municipal interest to be accomplished by proposal:
Explanation:
A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 12, 2024.
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LEGISLATIVE POLICY PROCESS from page 32 At the Legislative Policy Conference, each member municipality is entitled to cast one vote on every policy recommendation submitted and on any floor proposals. Each policy proposal must receive a two-thirds affirmative vote of those present and voting in order to be adopted as an NHMA policy.
Step 2: Create Change Submit a Legislative Policy Proposal
• Submit a legislative policy proposal if you have an issue that you would like to be considered as part of this year’s policy process. If you have a policy suggestion, it is not too early to send it in! Policy proposals may be submitted by a board or a local official from a member municipality. Please use the form found in this issue and email to us at governmentaffairs@nhmunicipal.org.
Every NHMA legislative policy begins with a proposal submitted by a local official, board, or committee. If there is a law affecting municipal government that you think needs to be fixed, or if you have an idea for how the functions of local government might be improved through legislation, this is your opportunity to make a change. On Page 33 there is a Legislative Policy Proposal Form that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 12, although earlier submission is encouraged. Please follow the instructions on the form for submitting your proposal. We leave you, then, with two assignments, should you choose to accept them: • Contact the Government Affairs Staff (soon!) if you are interested in serving on a legislative policy committee (send us an email at governmentaffairs@nhmunicipal. org); and
Member Highlight: Classified Ads Postings
Member Highlight: Classified Ads Postings
NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.
NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.
The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.
The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, deadline. please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org. If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact the NHMA at 603.226.1305 or nhmainfo@nhmunicipal.org.
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www.nhmunicipal.org
We have all the tools to meet your needs. Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including: • Municipal bonds and public finance • Land use planning, zoning and enforcement • Ordinance drafting • Tax abatement • General municipal matters • Municipal employment and labor matters • Litigation and appeals We use a team approach – small groups of highly specialized attorneys that work together to offer clients the counsel and support they need, precisely when they need it. It’s an efficient way to practice law. It’s also extremely productive and cost effective for our clients.
Learn more about what our municipal group can do for you: dwmlaw.com | 800.727.1941
www.nhmunicipal.org
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The
HR
REPORT
HR REPORT: Form I-9 Updates By Christina Simpson, Esq.
T
he Immigration Reform and Control Act (IRCA) of 1986 was established to control the employment of unauthorized aliens in the United States and to protect authorized workers from unfair immigration-related employment practices. Among other things, the Act requires employers to timely and properly complete I-9 forms for covered individuals. On August 1st, 2023, the government issued an updated version of the form. All employers must begin using this form by November 1, 2023. As of November 1, 2023, this new version will be the only acceptable version for new hires. The issuance of the new form provides the opportunity to remind employers about the I-9 requirements, as well as the potential consequences for employers who fail to comply with this requirement. The purpose of the form is to verify the identity of the individual providing services to an employer and that the individual is authorized to work in the United States. Section 1 of the form must be completed by the individual after they have accepted the job offer but no later than their first day of employment. Additionally, the individual must present appropriate documents from the “List of Acceptable Documents,” which are included in the form’s instructions. An employee may present either one document from List A, or one document each from Lists B and C. The employer cannot instruct an individual to present particular documents from the list, but should instead simply provide them with the list and ask them to choose which documents they would like to present for the form. Using the documents provided, the employer is required to complete Section 2 of the form within three business days of the individual’s first day of employment. However, if the individual is hired for less than three days, then Section 2 must be completed no later than the first day of employment. Under the conventional, in-person verification process, the employer, at its discretion, may decide to
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retain or not retain copies of the documents used in the verification process. However, the policy must be applied uniformly for all employees. Employers are required to complete a federal I-9 form for all individuals who receive “remuneration” in exchange for providing services. This standard requires employers to have valid I-9s for both employees and volunteers (to the extent volunteers are provided with a nominal fee). The exception to this rule involves election judges and poll workers. Employers must have a completed form on file for all current employees hired on or after November 6, 1986. Following termination, however, employers can destroy I-9s for separated employees either one year after the date of termination or three years after the date of hire, whichever is longer. While I-9s are considered personnel file documents, many employers elect to maintain them separately from an employee’s official personnel file in a combined “active employee” binder, as well as a “terminated employee” binder, so that all forms are easily accessible in the event of an audit. Employers can face fines for failure to maintain I-9s and/ or for failing to have properly completed I-9s. These fines are calculated on a per-I-9 basis and depend on the number of errors on the forms. Baseline penalties for non-compliance are up to $2,701 per I-9 prior to the application of aggravating and mitigating factors. Higher fines are also assessed in more serious circumstances, such as the knowing hiring of undocumented aliens. Criminal charges can also be brought against employees of the organization if there is reason to believe that the organization is harboring illegal aliens, trafficking in illegal aliens, or engaging in other criminal conduct. These penalties are generally assessed by U.S. Immigration and Customs En-
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forcement (ICE), a division of the Department of Homeland Security.
PROBLEM PROBLEM PROBLEM PROBLEM PROBLEM SOLVING PROBLEM SOLVING PROBLEM SOLVING PROBLEM Given the technical nature of the prior version of the form, it was not uncommon for employers to discover that up to 80% of their I-9s contained errors. For an employer with a workforce of 47 employees, this error rate can result in a $100,000 fine. The August 1st version of the form is more streamlined, but, nonetheless, employers It’s our strong point should make sureour that the employee responsible for comIt’s strong point pleting the form on the employer’s behalf are trained to properly complete the form and minimize errors.
SOLVING SOLVING
It’s our strong point It’s our strong point nor is it intended to serve as This is not a legal document 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.
civil & environmental engineering
civil & environmental engineering www.underwoodengineers.com civil & environmentalwww.underwoodengineers.com engineering www.underwoodengineers.com
www.underwoodengineers.com
Court
Update
SOLVING SOLVING It’s our strong point It’s our strong point
SOLVING It’s our strong point It’s our strong point
civil & environmental engineering civilwww.underwoodengineers.com & environmental engineering www.underwoodengineers.com
civil &&environmental engineering civil environmental engineering www.underwoodengineers.com www.underwoodengineers.com
By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel
Now available online:
August 2023 New Hampshire Supreme Court Says that Untimely Orders May Open Towns to Court Appeals as “Good Cause” for Plaintiffs not Exhausting their Municipal Requests for Rehearing, Bradley M. Weiss & a. v. Town of Sunapee, New Hampshire Supreme Court Case No. 2022-0309, 08/23/2023 Municipalities Can Receive Attorney’s Fees and Costs under RSA 676:17, II in Cases Where They Prevail in Enforcing the Municipal Zoning Ordinance Through Injunction, City of Laconia v. Robert Kjellander, New Hampshire Supreme Court Case Nos. 2022-0276, 08/10/2023
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Inflation Reduction Act and Medicare Part D Redesign By Erica Bodwell, Benefits and Coverage Counsel, HealthTrust
M
edicare Part D is undergoing a redesign that marks the biggest change to the plan since its inception in 2003. It is essential that employers at New Hampshire municipalities and other public sector entities that provide benefits to retirees understand these changes. By learning about the impacts of these changes, you will be able to make coverage decisions and communicate better with your retirees about the information they need to understand their options for medical coverage.
A New Law with Wide-Ranging Impacts On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law, which included a complete redesign of Medicare Part D with an aim of improving drug affordability for seniors and others enrolled in the plan. Medicare Part D plans are privately administered prescription drug plans for Medicare-eligible individuals, subsidized by Medicare. The IRA contains several provisions to lower prescription drug costs for Medicare-eligible individuals and reduce drug spending by the federal government. The IRA’s Part D redesign had strong bipartisan, public support for the federal government to address high and rising drug prices. From your retirees’ point of view, the most important aspect of the Part D redesign is the reduction in annual out-ofpocket costs from $7,400 plus 5 percent coinsurance to $2000, thereby closing the “donut hole” and eliminating coinsurance in the catastrophic phase.
How the IRA Helps Lower Drug Costs The Inflation Reduction Act has many prescription drug provisions. This impactful law: • Requires the federal government to negotiate prices for some drugs covered under Medicare Part B and Part D with the highest total spending, beginning in January 1, 2026. This provision means that Medicare will pay prices below the drug’s list price for the first time since Part D’s inception in 2003. • Requires drug companies to pay rebates to Medicare if prices rise faster than inflation for drugs used by Medicare beneficiaries, beginning January 1, 2023. This provision effectively puts a ceiling on increases in drug
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prices, and through rebates, limits what Medicare will pay for drugs year over year to the rate of inflation. • Caps out-of-pocket spending for Medicare Part D enrollees to $2000 per year and eliminates the “donut hole” and 5% coinsurance if a beneficiary enters the catastrophic phase, beginning January 1, 2025. For top prescription drug users, out-of-pocket expenses will be reduced $1500-$2000 per year, and for average drug users, out of pocket expenses will be reduced $250$300 per year. • Limits monthly cost sharing for insulin to $35 for people with Medicare, beginning January 1, 2023. New Hampshire has had a law in effect since 2020 limiting copayments for insulin to $30 per month, however this federal provision ensures that the $35 cap applies to self-insured, as well as fully insured health plans. • Eliminates cost sharing for adult vaccines covered under Medicare Part D and improves access to adult vaccines in Medicaid and the Children’s Health Insurance Program (CHIP), beginning in 2023. Vaccines that will no longer have a cost-share include the flu and pneumonia vaccines, COVID-19, shingles, tetanus, hepatitis A, hepatitis A and B, and the newly recommended RSV vaccine for individuals over 60 years old. • Further delays implementation of the Trump Administration’s drug rebate rule, beginning in 2027. The Part D redesign brings critical cost reductions for seniors, as well as discouraging (through required rebates) drug manufacturers from increasing prices on existing drugs. Rising prescription drug coverage costs put financial pressure on all of us – including municipal employers and your retirees. The IRA is an important step toward controlling those prescription drug costs and easing that financial pressure. For more information about the Inflation Reduction Act and Medicare Part D, visit the website of the Centers for Medicare & Medicaid Services at www.cms.gov. Erica Bodwell is the Benefits and Coverage Counsel for HealthTrust. www.nhmunicipal.org
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Move More This Winter! By Katrina Manning, Wellness Advisor, HealthTrust
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t’s that time of year again. The days are getting shorter and colder, and going outside to exercise in New Hampshire takes more effort and increased motivation. Granite Staters are not alone; almost 60 percent of adults report being less active during the winter months, according to the National Recreation and Park Association. Cold temperatures and less sunlight may make you want to curl up under the covers for longer, but staying active is just as important to physical and mental health in winter as at other times of the year. Physical activity can help you sleep better, reduce anxiety, improve your balance, lower your risk of type 2 diabetes and many kinds of cancer, strengthen bones and muscles, lower blood pressure, maintain or lose weight, and keep your mind sharp – all while lifting your spirits through those magical endorphins (“feel-good chemicals”) released when you exercise. Recent research suggests physical activity may also help boost your immune function, which is really important during the winter months!
How Much Exercise Is Enough? To stay healthy, adults should try to do at least 150 minutes of moderate intensity physical activity per week, according to the U.S. Department of Health & Human Services (DHHS). Moderate intensity aerobic activity is anything that gets your heart beating faster such as walking, swimming, biking, skiing, sledding or ice skating. It all counts, and you don’t have to exercise for hours at a time. Getting up and walking for five or 10 minutes a few times during the day can make a real difference. Two days a week of musclestrengthening activities such as push-ups, squats, using resistance bands or hand weights are also important.
Help Your Employees Move More – and Improve Your Workplace Culture! Here are some ways to help you and your employees move more during the workday – plus really good reasons you may want to.
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• Set the right example. Employees often neglect to take breaks during the workday, which can lead to faster burnout and higher stress levels, but they may be more likely to do it if their supervisor takes regular breaks and encourages them to take breaks, too. Stepping away from work for a few minutes can increase employee productivity, job satisfaction, mental health and well-being, and help them be more engaged in their work. Getting up and walking around the building for even five minutes at a time can have health benefits too, according to the DHHS. Some research indicates that taking breaks to get up and move can also increase creativity, promote healthy habits, and make employees feel more valued by their organization and supervisor. • Keep your employees informed about the benefits available under their health plan to help them stay healthy and fit. For example, employers that offer HealthTrust medical coverage can remind their employees about the resources available through the Slice of Life wellness program, including online challenges, activity trackers, daily inspirational cards to motivate them, and the expertise and support of a health coach. • Consider scheduling walking meetings when possible. Walk around your building outside if there is no snow or ice or add five or 10 minutes to a meeting to walk and talk inside the building before you settle in to your meeting room. • Organize a workplace walking challenge. Create an indoor walking path or offer bonus points to participants who walk up and down stairs. At the end of the challenge, the person with the highest number of steps could win a prize – perhaps a fitness tracker, resistance bands, hand weights, a stability ball or other fitness device they can use at work or at home. • Offer an exercise class at your worksite before work, during lunch, or at the end of the workday. • Work together with local businesses to provide discounts for winter activities such as snow tubing, ice
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skating, snow-shoeing or skiing. Such discounts can help motivate your employees to exercise on the weekends, too!
3. U.S. Department of Health & Human Services: https:// health.gov/sites/default/files/2019-09/Physical_Activity_ Guidelines_2nd_edition.pdf#page=56
• Provide flyers, brochures or other information about activities available at your local community center or gym. Help your employees stay informed about the kinds of activities available which typically range from aerobics and yoga classes to badminton and basketball.
4. American Council on Exercise: https://www.acefitness. org/about-ace/our-efforts/blog/7911/how-to-squeeze-in-exercise-during-work/
Be sure to remind your employees always to consult their medical provider before beginning any exercise program. Letting your employees know that their health and safety is a top priority helps to make them feel valued at work and may help you foster a happier, more productive workplace.
5. Michigan State University: https://workplace.msu.edu/ breaks-during-the-workday/ 6. Heart and Stroke Foundation: https://www.heartandstroke.ca/articles/11-ways-to-stay-active-in-winter
Katrina Manning is a HealthTrust Wellness Advisor. Disclaimer: This content is intended to be informational and does not constitute professional health advice or an endorsement of the services or resources mentioned. Sources: 1. Centers for Disease Control and Prevention: https:// www.cdc.gov/nccdphp/dnpao/features/stay-active-this-winter/ index.html 2. National Recreation and Park Association: https://www. nrpa.org/publications-research/park-pulse/do-not-let-your-activity-level-dip-with-the-temperatures/
Go Green! Help Us Go Digital! July/August 2022
TownandCity N E W
H A M P S H I R E
A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION
Currently our bi-monthly magazine, New Hampshire Town and City, is published as a member benefit and distributed to approximately 1,800 municipal officials across New Hampshire. We are pleased to continue to deliver the print edition to member subscribers, however, should you find the digital version sufficient and no longer require a print copy, please let us know at nhmainfo@nhmunicipal.org. Thank you for your consideration to move from a print edition to a digital version of Town and City magazine.
In This Issue:
Carrying on a Civic Tradition in Rye, New Hampshire ........................... 10 Taking the Mystery Out of Fund Balance ................................................ 16 Pursuing Racial Equity Through Intentional Community Engagement .......................................................................... 20 Recent First Amendment Decisions of the U.S. Supreme Court ........... 22 State House Report: A Very Good Year Legislatively ........................... 24 2023-2024 Legislative Policy Process Update ........................................ 26
Help Us Out! Go Green with Town and City! Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at nhmainfo@nhmunicipal.org
www.nhmunicipal.org
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Legal
Q and A What is Preemption? By Kate Miller, UNH School of Law Intern Q: What is Preemption? A: Ever wonder what to do when your municipality’s or-
dinances clash with state statutes? It’s a fair question. Conflicts between municipal and state and state and federal laws naturally arise as new laws are made and modified at each level of government. Under Article VI, Clause 2 of the U.S. Constitution, perhaps better known as the Supremacy Clause, “This Constitution…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Essentially, this means that when a state law contradicts a federal law, the federal law trumps the state law. This is called preemption. Preemption can apply to municipal law as well: when a municipal ordinance or regulation contradicts a state or federal law, the state or federal law trumps it. Broadly speaking, a higher level of government may reserve the regulation of a given field of issues for itself and prohibit a lower level of government from regulating issues within that field.
Q: What is “Home Rule?” A: Some states, such as Massachusetts and Connecticut, are
“home rule” states, meaning that to a certain degree, their municipalities hold inherent power and preemption of municipal regulation by state law is less prevalent. New Hampshire, however, is not a “home rule” state, meaning that all powers held by municipalities are afforded to them by the State and they do not have any independently (though it is not uncommon for state statutes to allow or encourage municipalities to make further regulations on a given issue, they must do so explicitly). In New Hampshire, if a municipal regulation conflicts with a state regulation, the state regulation preempts it.
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NEW HAMPSHIRE TOWN AND CITY
One of New Hampshire’s most salient preemption cases and one of the rare New Hampshire cases that have made it all the way up to the United States Supreme Court is Dan’s City Used Cars, Inc. v. Pelkey. In this case (begun in 2007 and eventually settled in 2013), Robert Pelkey of Manchester fell ill for several months and was unable to move his car from his apartment building’s parking lot, where it was required that tenants move their cars to allow for snow clearing. Pelkey’s landlord had his car towed by Dan’s City Used Cars, Inc., representatives of which tried to notify Pelkey that they had his car. However, the notification was not received, as Pelkey was hospitalized and could not receive mail. Several months later, Dan’s City scheduled Pelkey’s car for auction and even though Pelkey’s lawyer contacted Dan’s City to stop the auction and pay any charges on the car, Dan’s City traded the car away without notice. Pelkey then sued Dan’s City for violation of the New Hampshire Consumer Protection Act (RSA 358-A:2), specifically RSA 262:31-40, which provides regulations for the towing, storing, and disposal of vehicles. Dan’s City asserted that this state law was preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA), which prohibits States from regulating the “price, route, or service of any motor carrier…with respect to the transportation of property.” 49 U.S.C. §14501(c)(1). If Dan’s City’s trading away of Pelkey’s car was in fact “transportation of property”, then the FAAAA would preempt the state statutes, exonerating Dan’s City. However, the actual transportation of Pelkey’s car by Dan’s City occurred well prior to its trading, and Pelkey was suing Dan’s City for the trading, not the towing. Because of this and because the intention behind the FAAAA was to regulate transportation related to interstate commerce and neither of the statutes involved in Pelkey’s case affected interstate commercial transportation, the Supreme Court held that the FAAAA did not preempt the state statute.
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LEGAL Q&A from page 42
Q: Is There a New Hampshire Specific Case Regarding Municipal Preemption? A: An example of a case in which a
municipal regulation was preempted by New Hampshire State law is Lakeside Lodge, Inc. v. New London from 2008. In this case, Lakeside Lodge, Inc.’s property on the bank of Lake Sunapee in New London included a private dock, which its residents had used since the 1980s. In 1991, New London enacted a zoning ordinance which zoned the lot on which Lakeside has its property as part of a “Shore Land Overlay District” and imposed limitations on use of waterfront common areas. Years later, in 2002, New London informed Lakeside that its use of the dock violated this ordinance; Lakeside argued that it had used the dock the same way since well before the 1991 ordinance was made and it had never been an issue. Lakeside applied for an exemption with the New London Select Board; when this failed, it applied to the Zoning Board of Adjustment arguing that Lakeside’s use did indeed predate the ordinance. Finally, in 2007, the Zoning Board issued a decision that allowed for more expansive use of the dock by users and
their guests, but intimated that renting dock space exceeded the scope of the “personal” use claimed by Lakeside’s three owners; this was affirmed by the Superior Court. On appeal of this issue to the New Hampshire Supreme Court, Lakeside argued that New London’s hairsplitting about its compliance with the 1991 ordinance was erroneous because the state legislature had preempted municipal regulation of waterfront property use. RSA 233-A, RSA 270, RSA 271, and RSA 438-B delineate the State authority over boating and docking regulations on public water; the State does give municipalities authority to regulate public docks in RSA 47:17, VII, but not private docks. Because of this, the Court held that State law did indeed preempt the ordinance and ruled in favor of Lakeside.
Q: Is There a More Recent Case of Preemption? A: For a more recent example of a pre-
emption issue that affects many municipalities, under RSA 430:49, the State of New Hampshire’s Pesticide Control Board holds the power to regulate the use of pesticides exclusively, preempting any municipal ordinances that could potentially conflict with the
statute. This means that all municipal ordinances and rulings regarding pesticide use must comply with State regulations. Some towns have ordinances or town meeting votes attempting to prohibit utility companies’ use of certain defoliant pesticides, which they spray on rights-of-way across the state at routine intervals to reduce overgrowth. However, as seen in Salisbury v. New England Power Co., the State law allowing and regulating this spraying (NH Admin Code Pes 505.01) trumps town ordinances prohibiting it. The Pesticide Control Board does require that utility companies notify residents living near the rights-of-way being sprayed along with the town officials no fewer than forty-five days in advance of spraying (Pes 505.06). If any official or resident strongly opposes the spraying of defoliants, RSA 430:44 allows for aggrieved parties to appeal to the board for review, with the board then having the power to potentially affirm, deny, or alter the plan. Katherine (Kate) Miller served as NHMA’s summer intern from the University of New Hampshire School of Law. If you have questions about local ordinances and their relationship with State statutes, reach out to legalinquiries@nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
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Thank You! NHMA is honored to recognize its 2023 Municipal Marketplace Members! NHMA has created a new Municipal Marketplace to bring greater member attention to our supporters who provide products and services to New Hampshire’s municipal governments. Our online Municipal Marketplace provides a wide range of categorized municipal product and service listings that will serve as a quick source of information for municipal officials.
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Municipal Technology Systems, LLC NH Municipal Bond Bank NH PDIP/PFM Asset Management LLC NH Tax Deed & Property Auctions NH Community Development Finance Authority NorthEast Electrical Northway Bank Onsite Drug Testing of New England P3 Advisors Strategy & Finance Pare Corporation R.W. Gillespie & Associates, Inc Roberts & Greene, PLLC Santander Bank, N.A. Sertex Broadband LLC TD Bank N.A. Three Bearings Fiduciary Advisors, Inc. Upton & Hatfield, LLP Usource Energy Vachon Clukay & Company PC VHB Vision Government Solutions, Inc.
CONNECTING YOUR BUSINESS WITH LOCAL DECISION-MAKERS! Supporters of NHMA’s Municipal Marketplace help provide valuable financial support to the Association, ensuring our ability to provide important educational and training opportunities to our members.
VISIT https://www.nhmunicipal.org/advertising-opportunities. www.nhmunicipal.org
NOVEMBER/DECEMBER 2023
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— This Moment in NHMA History — 1988 – 35 years ago… The wave of growth led to increasing and often competing demands being placed on the state’s rivers and river corridors. In turn, the Legislature created the New Hampshire Rivers Management and Protection Program in 1988 to ensure the continued viability of the states’ rivers as valued economic and social assets for the benefit of present and future generations. GIS, or geographic information system, was becoming an increasingly popular tool for municipalities for providing intelligent information for land use and infrastructure facilities planning. GIS was not just a computer system, it was actually a whole new way for cities and towns to organize the way they do business. Many New Hampshire wastewater facilities were built in the late 1960s and early 1970s, but steady growth in the late 1970s and 1980s brought them to the point where they reached design capacity. Town water facilities also went through many of the same growing pains that municipal sewer plants experienced. To complicate matters, both water and sewer project funding sources dwindled in the 1980s. As federal and state standards for water quality became more restrictive, New Hampshire’s cities and towns continued to feel the strain of financing required improvement projects on a local level.
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According to Wikipedia, this town was named for General John Sullivan and incorporated on September 27, 1787. This town was formed from parts of Gilsum, Keene, Nelson and Stoddard and includes the village of Ellisville. The town was the first town in New Hampshire to dedicate a monument to its soldiers lost in the Civil War.
NAME
THAT
TOWN OR
CITY
? ?
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When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the January/February 2024 issue. ANSWER TO PHOTO IN THE SEPTEMBER/OCTOBER ISSUE: The photo on page 51 in the last issue of New Hampshire Town and City magazine is that of the Town of Newmarket. Special thanks to: Marshall Buttrick (Greenfield); Sarah Wiggin (Kensington) and Barbara Cannon (Chester) who all responded with the correct answer.
NEW HAMPSHIRE TOWN AND CITY
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New Hampshire Town and City Magazine 2023 Index of Featured Articles
New Hampshire Town and City Magazine 2023 Index of Featured Articles
Category Up Close and Personal: On the Board Up Close and Personal: In the Field Up Close and Personal: In the Field Up Close and Personal: On the Board Governance Governance Governance Governance Governance Governance Elections HR Report HR Report HR Report HR Report HR Report HR Report Human Resources Human Resources TECH Insight TECH Insight Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Land Use and Environment Wellness Wellness Wellness Wellness Wellness Legal Q&A Legal Q&A Legal Q&A Legal Q&A Legal Q&A Legal Q&A Legislative Legislative Legislative Legislative Legislative Legislative Legislative Miscellaneous Miscellaneous Miscellaneous Miscellaneous Miscellaneous Miscellaneous Public Safety NHARPCs Report NHARPCs Report NHARPCs Report NHARPCs Report NLC Report NLC Report
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Article Title Donna Mombourquette, Select Board Chair, New Boston Alicia Jipson, Town Administrator, Belmont Betsy Bosiak, Planning Board, Town of Epsom Holly Larsen, Finance Direcor and Tax Collector, Berlin Recovering from Procedural Errors at Town Meeting Choosing Civilty: The Twenty-Five Rules of Considerate Conduct The Right-to-Know Ombudsman is Here Following the Rulemaking Process of New Hampshire's First Right-to-Know Ombudsman First Amendment "Audits": What Are They and How Do You Handle One? Debunking the Top Ten Tax Deed Myths Exeter Pioneers Accessible Voting in 2023 Town Election NHMA Employment Law Hotline: Questions and Answer Series: Maternity Leave Employment Law Review of the 2023 Legisaltive Session Legal Update: The Federal Pregnant Workers Fairness Act Police Standards and Training Conduct Review Committee
Federal Court Re-Affirms Absolule Immunity from Defamation Claims Form I-9 Updates
Ten Steps to Successful Succession Planning Informak, Familiar Spaces: A Place for the Work of Equity and Inclusion Cybersecurity Resilence for Your Municipality Multi-Factor Authentication for Governmental Organizations Is Your Community Talking About Housing? New Hampshire Towns Pioneer Foam Recycling Implementing New Hampshire's Regional Housing Needs Assessment Solving the Housing Shortage, Maybe Ensuring Adaquate Water Supplies for the Next Century NHDES Reminder: Public Pools and Spas Must be Registered with the State Will New Hampshire Soon See Its First Stormwater Utility? Advanced Recycling of Plastics - An Overview with Lessons from Other States Get the Lead Out: Significant New Funding Available to Remove Lead from Drinking Water Norther Long-Eared Bat Reclassification and Project Mitigation Measures It's Mud Season Again: Weight Restrictions on Local Roads Creating Accessible and Inclusive Cities and Towns for Individuals with Disabilities Debunking Taj Mahal Syndrome: Developing Municipal Facilities that Meet Your Community Needs Closed Landfills in New Hampshire Fostering a More Resilent Workplace and a Happier Staff Help Your Employees Stay Financially Fit Strengthen Your Workforce! Inflation Reduction Act and Medicare Part D Redesign
Move More this Winter!
That Time of Year: Common Budgeting FAQs Town Meetings and Citizen Petitioned Warrant Articles Local Regulation of Agriculture Ordinance and Bylaw Adoption The Right-to-Know Ombudsman - an Update What is Preemption? We're Off to the Races NHMA's Russ Marcoux Municipal Advocate of the Year Award: Ken Robichaud, Town of Northfield Town Administrator Legislative Update: Cross Over Member Advocacy Makes a Difference Looking for Volunteers HB 321: Sealed Meeting Minutes Procedure Changes NHMA Gears Up for 2025-2026 Legislative Policy Process "All Work" Maury Collins Recognized for his Volunteer Service in the Town of Nelson Roadsweep America: Cleaning America's Highways, Cities and Towns Greg Dodge Celebrates 43 Years of Service to the Town of Epping Tracking New Hampshire History Through Town Reports Pavlicek Retires After 30 Plus Years of Public Service 2022 Annual Report to Members Caution, Safer Roads Ahead! Reboot Your Natural Resource Inventory The Challenges to Community Transportation in New Hampshire Household Hazardous Waste Management Building Resilience Against Extreme Weather Events An Overview of Homeless Encampments for City Leaders National Resource for Municipal DEI Efforts: ICMA Equity and Inclusion Toolkit
Issue Month Jan/Feb Mar/Apr May/Jun May/Jun Jan/Feb Mar/Apr May/Jun Nov/Dec Jul/Aug Jul/Aug Jul/Aug Jan/Feb Mar/Apr May/Jun Jul/Aug Sep/Oct Nov/Dec Jan/Feb Mar/Apr May/Jun Jul/Aug Jan/Feb Mar/Apr May/Jun May/Jun May/Jun Jul/Aug Sep/Oct Sep/Oct Sep/Oct Sep/Oct Mar/Apr Nov/Dec Nov/Dec Nov/Dec Nov/Dec Nov/Dec Nov/Dec Nov/Dec Nov/Dec Jan/Feb Mar/Apr May/Jun Jul/Aug Sep/Oct Nov/Dec Jan/Feb
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Mar/Apr Jul/Aug Sep/Oct Sep/Oct Nov/Dec Jan/Feb Jan/Feb May/Jun Sep/Oct Sep/Oct Mar/Apr Jul/Aug Jan/Feb Mar/Apr Jul/Aug Sep/Oct Jan/Feb Mar/Apr
12 18 32 34 32 29 30 28 28 44 25 16 38 40 32 38 36 38
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Statement of Ownership Management, and Circulation (Required by 39 U.S.C. 2685) New Hampshire Town and City (Publication Number: 379-620) is published bi-monthly (Jan/Feb, Mar/Apr, May/Jun, July/Aug, Sept/Oct, Nov/Dec) at the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, NH 03301. The editor/managing editor of New Hampshire Town and City is Timothy Fortier and the publisher is the New Hampshire Municipal Association. Annual subscription price is $25.00 for members, $50.00 for nonmembers. Date of filing: September 2023. Statement of Ownership is published in the November/December issue. Extent and Nature of Circulation:
Average No. Copies Each Issue During Preceding 12 Months
Actual No. Copies of Single Issue Published Nearest to Filing Date
a. Total number of copies (Net press run) 1,711 b. Paid Circulation (By Mail and Outside the Mail) 1. Mailed Outside-County Paid Subscriptions Stated 1,501.0 on Form 3541 (Include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) 2. Mailed In-County Paid Subscriptions Stated on PS Form 210.0 3541(Include paid distributioon above nominal rate, advertiser's proof copies, and exchange copies) 3. Paid Distribution Outside the Mails Including Sales -------Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 4. Paid Distribution by Other Class of Mail Through the -------USPS (e.g. First-Class Mail®) c. Total Paid Distribution (Sum of 15b, (1), (2), (3), and (4)) 1,711 d. Free or Nominal Rate Distribution (By Mail and Outside the Mail) 1. Free or Nominal Rate Outside-County 25.0 included on PS Form 3541 2. Free or Nominal Rate In-County Copies 10.0 included on PS Form 3541 3. Free or Nominal Rate Copies Mailed at Other Classes -------Through the USPS (e.g. First-Class Mail) 4. Free or Nominal Rate Distribution Outside the Mail -------(Carriers or other means) e. Total Free or Nominal Rate Distribution 35
1,657
(Sum of 15d (1), (2), (3) and (4))
f. Total Distribution (Sum of 15c, and 15e.) g. Copies not distributed h. Total (Sum of 15f and g) i. Percent paid and/or requested circulation (15c/15f x 100) I certify that all information shown above is true and complete.
1,746 3 1,749 97.995%
1,456
210
--------------1,666 25 10 --------------35 1,701 3 1,704 97.942%
Timothy Fortier Editor
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NEW HAMPSHIRE TOWN AND CITY
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Ser ving the Needs of New Hampshire Municipalities for Over 30 Years
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