January/February 2024
TownandCity N E W
H A M P S H I R E
In This Issue:
A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION
Best Practices for a Better Town Meeting.................................................10 A Smooth Town Meeting is a Team Effort................................................12 NHMA Gears Up for 2025-2026 Legislative Policy Process.........................18 State of Local Land Use Regulations in New Hampshire.........................28 2024 Legislative Preview............................................................................34
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 LXVII • Number 1
January/February 2024
Message from NHMA A Executive Director
3
5 Happenings 8 Upcoming Events 22
NHARPC Corner: What Is Planning and Why Do We Plan?
36
HR Report: Legal Update: Proposed Increase to Minimum Guaranteed Salary for “White Collar” Overtime Exemption
38
Tech Insights: Local Governments are High Value Targets of Cyberattacks
46 Up Close & Personal: Michael Malaguti, Town of Londonderry 48 Up Close & Personal: Bonnie Ham, Town of Woodstock 51 This Moment in NHMA History/Name That City or Town 52 Upcoming Webinars
10 12 18 28 34 44
Best Practices for a Better Town Meeting
A Smooth Town Meeting is a Team Effort!
NHMA Gears Up for 2025-2026 Legislative Policy Process The State of Local Land Use Regulations in New Hampshire – 2022 Update (December 2023) 2024 Legislative Preview Hampton Falls Town Administrator Karen Anderson Receives Russ Marcoux Municipal Advocate of the Year Award
Cover: Ron Bowman is a NH Landscape Photographer specializing in photographing waterfalls, covered bridges, sunrises, mountains, lakes, winter scenes, fall foliage, and more. If you enjoy Ron’s work, please, don't hesitate to contact him at rbphotonh@gmail.com
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 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: info@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 2024 New Hampshire Municipal Association
www.nhmunicipal.org
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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
Stephen Fournier Town Manager, Newmarket
Dale Girard Mayor, Claremont
Joanne Haight Select Board Chair, Sandwich
Bonnie Ham Planning Board Chair, Woodstock
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
Michael Malaguti Town Administrator, Londonderry
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
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A Message from the
H
NHMA
Executive Director
Margaret M.L.Byrnes
appy New Year! I hope you enjoyed the holidays and are feeling good about the year ahead!
As we head into 2024 (a leap year, in fact!), we're both grateful for another successful year on the books and excited to work with you in the year to come.
Let’s start off with the fun stuff: We had a blast with many of you at our Annual Conference in November! Our hilarious keynote, Meagan Johnson, taught us about the different generations in the workforce right now, and how their values and beliefs influence the way they work. Attendees had the choice of over 50 educational sessions throughout the two-day conference, and many stayed for our dinner and entertainment event, featuring comedy magician Dewayne Hill. Thank you for another memorable event! In the last month, we launched our new Member Portal, which members can access through the NHMA website. The portal is a new member benefit that will streamline and improve the way members engage with NHMA, including opting into NHMA communications, like the Legislative Bulletin and Newslink; downloading or purchasing publications; registering for workshops; posting classified ads; managing the contact information for local officials from your municipality—and more. For a tutorial on how to get started, view our 35-minute webinar from December here. For instructions on how to register for an event visit this our website. Look out for more tutorials on our website and via e-blast to our members. (And thank you in advance for your patience and we get the portal up and fully operational!) On the legislative side, NHMA government affairs staff will be following about 400 bills in 2024—an increase from last year. This means there are even more bills affecting municipalities, and many not in positive ways. We rely heavily on local officials to contact their legislators or testify at legislative hearings to assist in passing legislation that comports with our memberadopted policies, and defeating legislation that does not. Unfortunately, a recurring piece of legislation that would make it harder for municipalities to work with NHMA and have their voice heard has also returned for 2024; this year, that bill is HB 1479. This means that local officials must not only advocate for legislation that is supportive of our communities—but they also must fight to be heard at all. It’s never too early to tell your representatives to oppose HB 1479 and any legislation that seeks to cut local officials out of the legislative process. To stay in the know throughout the session, don’t forget to register to receive the Legislative Bulletin, sent weekly during the session, and/or subscribe for live updates on bills through our bill tracker, FastDemocracy. The legal services team recently created a new resource for local officials, the Volunteer Manual, which we hope will be helpful to current and prospective local officials alike. Right now, they’re ramping up for our annual Moderators Workshops in January and February and a slew of town meeting-related legal inquiries leading up to March 12, the date on which most towns hold their annual meetings. After town meeting, be on the lookout for our annual revision of Knowing the Territory, the “bible” of municipal law, and join us for a Local Officials Workshop if you can. Other training opportunities throughout the year include A Hard Road to Travel, the Right-to-Know Law, training for municipal trustees, code enforcement, the Land Use Law Conference—just to name a few. 2024, here we go! P.S. Look out for NHMA’s 2023 Annual Report in the March/ April issue of Town & City! P.P.S. 2024 dues invoices were sent out in November. We ask that you remit payment—or just let us know when payment will be made (e.g., after town meeting) — by January 31. Thank you for your membership with NHMA! www.nhmunicipal.org
Warmest regards,
Margaret M.L. Byrnes, NHMA Executive Director
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Thank You! Thank you to our 2023 Town & City Advertisers! Affinity LED Avitar Assocaites of New England Inc. CMA Engineers, Inc. Cordell A. Johnston, Attorney at Law Donahue, Tucker & Ciandella, PLLC Drummond Woodsum HealthTrust HEB Engineers, Inc. Ideal Concrete Block Co. Interware Development (now Avenue Analytics) NH Tax Deed & Property Auctions Mitchell Municipal Group, P.A.
Municipal Resources, Inc. New Hampshire Housing Finance Authority New Hampshire Interlocal Trust New Hampshire Municipal Bond Bank New Hampshire Public Deposit Investment Pool Community Heart & Soul Roadsweep America Roberts & Greene, PLLC Underwood Engineers Upton & Hatfield, LLP Vachon Clukay & Company PC Vision Government Solutions, Inc.
The NHMA would like to thank its supporters who value their partnership with the 234 municipalities in New Hampshire. Our advertising supporters help provide valuable financial support, ensuring our ability to provide important educational and training opportunites.
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HAPPENINGS NHMA's Newest Publication Now Available for Member Download! VOLUNTEER
M A N UA L
Volunteers are the heart and soul of local government in New Hampshire. Without volunteers who are willing to serve as elected and appointed officials in our communities, municipal operations would be severely hampered, and many important governmental functions would cease to exist. Luckily, New Hampshire is blessed with thousands of residents who are willing to stand up and contribute to the betterment of their town or city.
This Manual was developed to assist municipalities with recruiting and maintaining the ranks of elected and appointed officials who serve as officials and members of public bodies. It is designed to be used by managers, administrators and governing bodies who are responsible for shepherding those officials who are elected, and appointing residents to sit on municipal boards and commissions. This Manual is made up of three sections: Frequently Ask Question, a Sample Volunteer Application Form and Job Descriptions for Elected and Appointed Positions (hyperlinked for easy access). It is our hope that when a resident asks about municipal volunteering, the FAQ and Job Descriptions will enable administrators to make the job of recruiting volunteers easier by providing prospective volunteers answers to the many questions they might have about municipal volunteering. You may download this new publication at NHMA’s online store here: https://www.nhmunicipal.org/store.
Drummond Woodsum Law Firm Earns "Bragging Rights" in First "Best Booth of Show” Contest Congratulations to the law firm of Drummond Woodsum for being the overwhelming choice of conference attendees in the "Best Booth of Show" contest held this year in conjunction with NHMA's Annual Conference and Exhibition on November 15 and November 16 in Manchester. Although there is no compensation or prize for this recognition, the bragging rights that go along with this recognition are "priceless." Special credit to Drummond's Events Coordinator, Adriana Grimes, for all of her behind-the-scenes efforts to make this recognition possible. Honorable mentions to those sponsors and exhibitors who received multiple votes including: Avitar Associates, Whitney Consulting, HL Turner, New Hampshire Corrections Industries, HealthTrust, Mitchell Municipal Group, and NH Tax Deed and Property Auctions. Thank you again for joining us this year in Manchester. We hope to see you again in 2024.
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HAPPENINGS from page 5
NHMA Elects 2023-2024 Board of Directors – Annual Business Meeting Held The annual business meeting of the New Hampshire Municipal Association was held on Thursday, November 15, 2023, at the Doubletree by Hilton Downtown Manchester Hotel in conjunction with our 82nd Annual Conference and Exhibition.
NHMA's membership elected two new members to its Board of Directors:
Joanne Haight, Select Board Member, Sandwich
Michael Malaguti, Town Manager, Londonderry
Candace Bouchard, Mayor Pro Tem, Concord
Bonnie Ham, Planning Board, Woodstock
Laura Buono, Town Administrator, Hillsborough, Immediate Past Chair
In addition, these incumbent board members were re-elected, including:
Jeanie Forrester, Select Board, Meredith, Secretary
Shelagh Connelly, Conservation Commission, Holderness
Philip D’Avanza, Planning Board, Goffstown Joe Devine, Assistant Town Manager, Salem Elizabeth Fox, Assistant City Manager/Human Resources, Keene Dale Girard, Mayor, Claremont Jim Michaud, Assessor, Hudson
Cheryl Linder, Finance Director, Bow, Treasurer David Caron, Town Administrator, Derry Stephen Fournier, Town Manager, Newmarket 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 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
NHMA would like to give special thanks and recognition to our outgoing board members, namely: Lisa Drabik, Human Resources Director, Manchester April Hibberd, Select Board, Bethlehem
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! Please take a few moments to complete this simple form to sign up as a 10 Minute Advocate for NHMA. We will use the information to contact you when your voice is needed to protect or improve the interests of New Hampshire municipalities. Thank you! Questions? Contact us at governmentaffairs@nhmunicipal.org. 6
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Membership Renewal Letters Sent to Members! Membership renewal letters and invoices have been mailed to every full and associate member of the NHMA. Please let us know if you have not received your renewal and feel free to contact us if you have any questions. NHMA is a membership organization and that is why your support is so critical. By remitting your membership dues, you will continue the tradition that began in 1941 - serving all cities and towns in New Hampshire so that no one member stands alone in the challenges it faces. Thank you for your continued support of the NHMA.
NHMA Has a New Membership Portal: Instructions on How to Register for an Event in 2024! NHMA is rolling out our new online membership portal, which will streamline the way members engage with NHMA, creating one-stop shopping for registering and paying for events; updating your municipality’s profile; accessing our member-only resources, like registering for workshops, accessing certificates of attendance, and purchasing publications. 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. Visit https://www. youtube.com/watch?v=P762speWW_s or https://www.nhmunicipal.org/sites/default/files/uploads/webinars/how_to_ event_register.pdf for tutorials on how to register.
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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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.
JANUARY
FEBRUARY
New Year’s Day (NHMA offices closed) Monday, January 1
NHMA Board of Directors Meeting 9:30 am – 11:00 am Friday, February 16 25 Triangle Park Drive, Concord
2024 Legislative Preview Webinar 12:00 noon – 1:00 pm Friday, January 5 Creating Inclusive Spaces and About the ADA/ABA Accessibility Guidelines for the Public Right-of-Way Webinar 12:00 noon – 1:00 pm Wednesday, January 10 2024 Moderators (SB2 Town Meeting) Hybrid Workshop 9:00 am – 1:30 pm Saturday, January 13 Cost: $70 (in-person) and $55 (virtual) 25 Triangle Park Drive, Concord Martin Luther King Jr. Day (NHMA offices closed) Monday, January 15
2024 Moderators (SB2 Town Meeting) Hybrid Workshop 9:00 am – 1:30 pm Saturday, February 17 Cost: $70 (in-person) and $55 (virtual) 25 Triangle Park Drive, Concord President’s Day (NHMA offices closed) Monday, February 19 Right-to-Know Workshop for Law Enforcement 9:00 am – 4:30 pm Wednesday, February 21 Cost: $70 (in-person) and $55 (virtual) 25 Triangle Park Drive, Concord
NHMA Board of Directors Meeting 9:30 am – 12:00 noon Friday, January 19 25 Triangle Park Drive, Concord
Please visit NHMA's website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.
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Best Practices for a Better Town Meeting By: Stephen C. Buckley, Legal Services Counsel
What Day of the Week to Hold the Deliberative Session? For those towns that have adopted RSA 39:2-a, and therefore employ the official ballot to elect officers and vote on other specified matters to be addressed by official ballot, the select board must choose another day for the second or business session of the town meeting. In those towns using the SB2 method, the select board must also designate a date for the deliberative session. Holding a deliberative session on a weekday after people have come home from work may cause meetings to be more contentious and less productive. Too many times when the evening deliberative session runs late a second recessed meeting must be scheduled and held. Also, many people may not arrive in time to be checked-in as voters, delaying the start of the meeting and further exacerbating the “time crunch,” which is compounded by people feeling less-thanrelaxed and distracted because they must get up for work the next morning. Saturday deliberative sessions are often more relaxed and less likely to be recessed for another day, except where inclement weather ensued. Pre-Review of Warrant by DRA and Counsel. When the warrant has been prepared by the select board, but before posting, obtain review of each warrant article by town counsel and by the Department of Revenue Administration. The DRA auditor assigned to the town will review and send email comments and suggestions for correction to any pro-
posed warrant articles, although much of this review process now takes place electronically within the Municipal Tax Rate Setting Portal (MTRSP). Meeting to Prepare for Town Meeting. Prior to town meeting, set up a time for the moderator to meet with the select board. Discuss each warrant article and write down how much time the select board expects to take on each warrant article. Write down who will make the motion to bring that article to the floor, who will second that motion, and who will provide a more detailed explanation. Prepare a detailed script using this information and provide copies to town counsel and the town clerk so that keeping minutes is much easier. Include the Budget Committee (if there is one) in the Pre-meeting Planning Process. Find out who will bring the budget article to the floor, who will second it, and how much time is needed to present the budget. If possible, have the person presenting the budget from the budget committee make a short (under five minutes) presentation on the work undertaken by the budget committee to review and present the budget. If the budget committee members are divided on the budget, offer a majority statement and a minority statement to explain the differing opinions. Consult with Authors of Petitioned Warrant Articles. Have the moderator contact anyone who submitted a petitioned warrant article and determine who will present the petitioned articles. Discuss also if presenters want to employ any overheads or PowerPoint presentations and how much time they will need to present their article. Meeting Space Organization. Organization of the meeting space matters. Ideally, assign the moderator a separate podium with a microphone. The public officials will sit at the front of the meeting room with the select board, town officials on one side, and the budget committee on the other side. Microphones should be available on the tables where the public officials, select board, and budget committee are sitting so that these individuals can speak and be heard easily. Depending on the size of the room and number of people
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likely to attend, there must be at least one standing microphone positioned in the center aisle towards the front of the meeting space, along with more standing microphones towards to the rear of the meeting space as necessary. Appoint Persons to Assist the Moderator. Appoint one or more persons to assist the moderator with counting votes, monitoring presence of registered voters, and answering questions and assisting voters. Have all assistants wear brightly colored vests, and have the moderator introduce the assistants at the start of the meeting. Publish and Distribute Rules of Meeting Procedure. A guide for meeting procedures should be prepared and distributed to voters either in the town report or as a handout at the town meeting. Such rules should cover how to be recognized, making motions, rules of debate and decorum, the manner of presenting each warrant article, limitations on the duration of presentations, etc. Identify Voters and Use of Voting Cards. At voter check-in, provide a way to identify all voters, such as using a wrist band for each voter. This will allow the moderator and assistants to ensure only registered voters are participating in the meeting. At the same time, issue to each voter a brightlycolored card that can be used when hand voting is undertaken. Also issue a set of multi-colored “yes/no” slips of paper for ballot votes, and as each ballot vote is announced, the voters can be told which color ballot should be used for each question. Use of Overhead Projection and PowerPoint. Preload the entire warrant as a PowerPoint presentation. Have a knowledgeable person operate a laptop to show each PowerPoint slide, and make sure that person can make changes/amendments to each presented warrant article as necessary. www.nhmunicipal.org
Make sure the video display can be seen and read by the entire audience by staging a “dry-run” viewing of the PowerPoint presentation in the town meeting space prior to the official town meeting Introduction of Public Officials. Have the moderator introduce all the people at the head tables: select board members, budget committee members, town clerk, town counsel, and any department heads present. Also introduce and welcome any State Senators or Representatives in the audience. Introduce and Have the Meeting Understand the Rules of Procedure. At the commencement of the meeting, have the moderator review the rules of procedure using a brief PowerPoint presentation. Remind the Voters at the Start of the Meeting of the Ability to Restrict Reconsideration. RSA 40:10 is a powerful tool the meeting can use to prevent late night motions to reconsider. Ordinarily, the town meeting can vote to reconsider any article previously passed while the meeting is still in progress. RSA 40:10 permits the meeting to restrict reconsideration of any prior vote and require that any
motion to reconsider an article that has been restricted shall result in the actual reconsideration taking place at an adjourned session of the meeting held seven (7) days later. Allowing Non-residents to Speak. Some towns permit officials who are non-residents to speak, such as the town attorney, without formal vote of the meeting. Others require a vote of the meeting to allow non-residents to speak. If a vote of the meeting is required to permit certain non-residents to speak, that should be handled at the start of the meeting. How to Handle Limiting Debate. Motions to call the question or move the question require a consistent approach that balances the right to debate against prolonging the meeting. Some moderators permit all persons already standing and waiting in line to speak; others cut off debate regardless of the number of people standing and waiting to speak, provided the motion to cut off debate is adopted. Whatever approach your moderator chooses, be consistent. Stephen Buckley is Legal Services Counsel with the New Hampshire Association. He may be contacted at legalinquiries@ nhmunicipal.org.
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A Smooth Town Meeting is a Team Effort! By Stephen C. Buckley, Legal Services Counsel I. Advanced Preparation is Critical! Experienced moderators know that they are but one person, and that the cooperation and assistance of many other persons is needed to plan, prepare, and conduct the deliberative session or business meeting of a municipality. Consider the roles that others perform:
A. Creating the Municipal Budget and Related Warrant Articles 1. The governing body, the select board or town council. This body creates the initial version of the budget, and in the absence of an official budget committee also conducts the required public hearings. The governing body also creates the language of the warrant considered by the deliberative session in an official ballot (SB 2) municipality or the business session of a traditional town meeting. 2. The administrators, whether a town manager or town administrator, and the department heads. These staff members perform the difficult tasks of creating detailed budget proposals to be considered by the governing body, and also provide support to the advisory or official budget committee by answering inquiries for supporting details as they are developed. These persons often draft and file the necessary forms with the Department of Revenue Administration during the entire year, and input data into the Municipal Tax Rate Setting Portal (MTRSP). They also interact with their counterparts at the school district to provide information and to transfer funds appropriated to the school but collected through the municipal tax collector. 3. The official budget committee. If the municipality has voted to create one of these committees, these citizens review the proposed municipal and school district budgets in detail, offer comments on the proposed appropriations for the upcoming year, conduct the required public hearings and create the budget of recommended appropriations presented to the legislative body. The process takes hours of time over a several-month period. When working appropriately, the committee members often identify areas for improvements in efficiency and municipal and school program delivery. If 12
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the committee is an advisory committee, rather than an official committee, they do not conduct the public hearings or create the actual budget presented to the legislative body. 4. The planning board. This board is the source of proposals for land use ordinance adoption or change. These proposed changes are often detailed and complex and respond to changes in state and federal environmental laws and regulations. They may take months to create and are the subject of public hearings and comment. 5. The library trustees and library staff. This group creates the budget proposal for library services to be offered for the upcoming year. They administer the appropriation from the legislative body, and often administer funds left to the library in trust for the provision of library services. 6. The cemetery trustees. The trustees create the budget proposal for maintenance and upkeep of municipal cemeteries and private burial grounds that have come under municipal control. They administer the appropriation received for these purposes as well as funds received from income of perpetual trusts held by the trustees of the trust funds. 7. The trustees of the trust funds. These trustees administer funds held in trust for the long term to achieve specific objectives, such as perpetual care of cemeteries, capital reserve funds, and scholarship funds. They have specific reporting requirements and account annually for the principal and income of the funds entrusted to them. 8. Elected officials. These officials, including the town clerk, the elected tax collector and elected treasurer often prepare the proposed budgets for their offices and make proposals for their compensation. They have many statutory duties to perform daily, as well as specific accounting and reporting duties for the funds entrusted to them. 9. Optional elected officials, such as the road agent. In the municipalities which have created these offices, these officials often prepare and advocate for appropriations needed to achieve their statutory responsibilities. www.nhmunicipal.org
M U N I C I PA L L AW G R O 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
uptonhatfield.com | 603-224-7791 CONCORD www.nhmunicipal.org
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PETERBOROUGH
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SMOOTH MEETING from page 12 10. The municipal attorney. The attorney assists the governing body in the preparation of the annual warrant and offers opinions on the meaning and enforceability of any warrant articles created by the petition of citizens. The attorney may offer suggestions for possible governing body authored amendments to such warrant articles and may be present at a deliberative session (SB 2) or business session (traditional town meeting) to assist the governing body and/or moderator with procedural aspects of these sessions, or the meaning or enforceability of amendments offered by citizens. 11. Municipal Services Staff of the DRA. DRA assists the governing body and the moderator with the review of the language of the annual warrant to determine whether the language complies with statutory requirements or may create issues that would cause this regulatory agency to disallow an appropriation contained within a warrant article.
B. Persons Who Assist at the Meeting Place 1. Owner(s) of the place where the official balloting or the business meeting is held. The moderator, along with the respective governing bodies, works with the facility owner to assure that the polling place is set up in accordance with statutory requirements, and that the facility can safely accommodate the number of persons expected to attend. This requires attention both to the interior of the building and the exterior, to assure that it is accessible for persons with disabilities, and that there is adequate and safe parking. There must be an adequate number of chairs for a meeting, as well as adequate light and ventilation. Sometimes the building is a municipal structure, sometimes a school structure, and sometimes a rented or borrowed hall. All of these details require preparation and a team approach to assure that the facility is ready to allow for the efficient conduct of the voting or business session. 2. Audio Visual Assistants. At the facility, there should be adequate sound equipment to permit people to both hear the discussions and be heard when they speak. Depending upon where the meeting is to be held, and the size of the session, audio equipment may already in place, or it may need to be rented and maintained by a trained person. Frequently, meetings will also require visual equipment to allow for the presentation of PowerPoint presentations, videos of proposed equipment purchases, videos of areas to be repaired or reconstructed by a proposed appropriation, or presentation of spreadsheets of financial information. The moderator should 14
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be prepared for such presentations, whether offered by the governing body, a department head, a member of one of the boards of trustees, or by a citizen with an opposing viewpoint. This will often require the installation of computer equipment, connection to the internet, and the operation of the software programs. 3. Facilities Staff involved in set up and cleanup of the location where the voting or business session is held. These persons will be responsible to the owner of the facility, rather than to the moderator, but the moderator should deal with the facility owner to assure that a support person is available to deal with the need for extra chairs, any malfunction in equipment provided by the facility, or other issue that would require some immediate corrective action. 4. Safety and Security concerns. The local police chief is charged by RSA 105:9 with determining what support is needed to maintain safety at public gatherings. Depending upon the number of persons expected to attend and any known local controversies, the security needs may range from parking control and traffic control to the safety of persons within the meeting. If the moderator is forced to seek the ejection of a person for misbehavior, or take other steps to control a group, the local police should be available to perform this function and keep order. 5. Given the large number of people on the team, the moderator should be in contact with these people as part of the preparation for the logistics of the meeting. The more that the moderator knows about the issues to be considered on the warrant, the better the moderator can be prepared to deal with the possible strategies that might be employed by those in attendance, and to promptly offer the appropriate and legally correct response to the strategies. www.nhmunicipal.org
II. The Moderator Must be Prepared for the Actual Conduct of the Meeting
line item in the budget, or exactly what the town voted upon in the prior meeting.
Once the moderator takes the podium and starts the business session or deliberative session of a municipal or school district meeting, those in attendance expect the meeting to proceed from article to article in a prompt and orderly fashion. This means that the moderator should have all the necessary materials and tools at the podium.
5. A calculator, to assure that the effect of proposed amendments upon amounts to be voted is correctly calculated and reported to the persons in attendance. Some paper to write on, with a pen or pencil, so you can deal with the text of proposed amendments from the floor.
A. Here is a quick checklist of materials to remember, some of which will avoid embarrassing moments:
6. A copy of important statutes. This would include not only those portions of RSA Chapter 40 that control the conduct of the meeting itself, but also any statutes that may be important to the consideration of a warrant article. These statutes would be identified in advance upon consultation with the governing body, and the text of the statutes is often included in a governing body PowerPoint presentation that will show those in attendance the laws applicable to a question under consideration.
1. A copy of the warrant for the meeting. Since the moderator will be reading the language to the meeting, it may be helpful to have this copy printed in a larger font size, with more spacing between the articles. 2. A copy of the rules that will be announced to the meeting. Again, this copy will be read to the meeting, so a larger font size with more spacing is suggested. Some municipalities place a copy of these rules in the town report to make it easier for those in attendance to refer to the rules of the meeting.
7. For many of us, a pair of eyeglasses, to be able to read the text of warrant articles. A water glass or bottle, to deal with a loss of voice; or to give you a moment to think about an appropriate answer
to a difficult question from the floor. 8. For some meetings, a laptop computer with internet access may be very helpful, especially if you need to access additional state statutes, or information that is on the municipal or school website.
B. The moderator cannot perform all of the necessary functions at a meeting. Thus, the moderator should know in advance: 1. Who will assist in counting the votes if taken by show of hands? It is best if these assistants are not members of the governing body, or town employees. The governing body has enough duties during the meeting without stopping for these matters, and it raises a question about the fairness of such voting if the matter is closely contested, and the position taken by the governing body may not be approved. 2. Who has the supplies needed to conduct a written secret ballot, and how the voting materials will be given to persons checked in on the checklist.
3. An agenda of tasks to be completed, including the names of people to be recognized. The moderator has many pressures on the meeting day, and it is very easy to forget to recognize a person at the appropriate time for the presentation of an award, or a recognition plaque or some other task. It is also easy to temporarily forget someone’s name, even if you know the person well. 4. A copy of the town report for the current year and for the prior year. These items often help to quickly answer a question about a www.nhmunicipal.org
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SMOOTH MEETING from page 15 3. Who will check voters in using the checklist, to assure that only the votes of registered voters are counted? 4. Who will count and tally the ballots received in a secret balloting procedure, and how the materials will be preserved for a recount. 5. Who is serving as the assistant moderator to permit the moderator to step down long enough to cast a ballot, or to take a restroom break at an appropriate point in a meeting? 6. Members of the local police department available to assist if a security problem is presented. 7. The person who can respond immediately to an equipment or audio malfunction, a computer problem, or a facilities issue that requires immediate correction.
Summary: The logistical challenges facing the moderator in advance of
the meeting are substantial. This annual event may attract hundreds of people, and the planning for the session needs to be taken seriously and accomplished with an eye to detail. Once the meeting itself commences, the moderator should have all the tools at the podium needed to quickly and efficiently move the meeting along. The moderator must be prepared to accurately record, and compute proposed financial amendments to warrant articles, and effectively record the language of other wording proposed for amendments. New technology is presenting new challenges and creating questions that do not as yet have clear answers. The moderator should tailor the rules of the meeting to minimize the disruptions that such technology can cause yet permit the technology to present information more quickly and clearly than has been possible in the past. Stephen Buckley is Legal Services Counsel with the New Hampshire Association. He may be contacted at 603.224.7447 or at legal inquiries@nhmunicipal.org.
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NHMA Gears Up for 2025-2026 Legislative Policy Process 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 long 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: 18
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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. www.nhmunicipal.org
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 mailto:governmentaffairs@nhmunicipal.org no later than the close of business on April 15, 2024.
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LEGISLATIVE GEAR UP from page 18 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.
ted 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.
Policy Review Checklist
Step 2: Create Change - Submit a Legislative Policy Proposal
In order to make sure that each policy has been thoroughly considered and all pros and cons discussed, the following checklist should be applied to each recommendation.
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.
Where does the policy come from? What is the need for this legislative
Accompanying this article is a Legislative Policy Proposal Form that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 15, 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:
change/how widespread is this problem?
What could we lose and what are the risks of pursuing this proposal?
What could we gain? Who would likely be opposed to this proposal?
Who would likely support it? Does this proposal require financial analysis?
• 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
Would the policy cost money for
• 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 submit-
Would it tend to pitGet one community Insider Perspec-
municipalities? For the state?
Would the policy be divisive for municipalities? against another?
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2024 Legislative Webinar Series Three Webinars and a Final Update 2024 Legislative Preview:
12:00 noon—1:00 pm Friday, January 5 2024 Half-Time Report:
2024 Final Legislative Update: NHMA Annual Conference DoubleTree by Hilton Manchester Downtown Hotel, Manchester
April Webinar
2024 Legislative Wrap-up:
May or June Webinar
PerspecThe 169th session of the New Hampshire General Court begins in January. Help your municipality plan an active and consistent role in NHMA’s efforts by participating in the 2024 Legislative Webinar Series and Final Update.
Get Insider Perspectives from NHMA Staff www.nhmunicipal.org
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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS
This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.
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What Is Planning and Why Do We Plan? By Stephanie Alexander, Central NH RPC; Jeffrey Hayes, Lakes RPC; Kaela Tavares, North Country Council; Mikayla Jerominek, Rockingham Planning Commission; Sylvia von Aulock, Southern NH Planning Commission; Jason Cooper, Southwest RPC; Jen Czysz, Strafford RPC; Autumn Scott, Strafford RPC; Austin Ford, Upper Valley Lake Sunapee RPC
What is Planning?
It may surprise you to know that land use planning topics can come up in the dentist chair, when talking with a neighbor, reading the paper, or in whispers by your hairdresser. How is that true? Simple, people talk about change, growth, and preservation of the land, water, and even air. Whether it is a new brewery coming to town, a small subdivision down the street, or when a building had been vacant – now a new furniture repair and antique store is moving in: people talk about land use changes all the time.
Northwest, establishing today’s range roads. During the 19th century, planning was undertaken by corporations to create industrial economies. Communities were laid out to include factories, commerce, housing, and recreation. It was early in the 20th century that the first zoning ordinances were promulgated. In New Hampshire, the Supreme Court, in the 1928 Sundeen v. Rogers case, upheld the importance of zoning to promote health, safety, “the comfort of the community, or the protection of property.” Further it recognized that “industrial conditions, and political theories” change over time, and thus does our need to respond to the conditions of the day.
Anything being built is designed according to guidelines and regulations and with few exceptions, must go through a review process. Planners help guide that process and help develop the regulations. How a community grows is shaped by community developed master plans, ordinances, regulations, and guidelines. Professional and volunteer planners care about their community: the environment, the people, the infrastructure, the businesses, the schools, and everything that makes the community and region unique. We often ask the question: “What do vibrant communities actually look like?” It can be different for every community based on their unique needs and goals, but planning helps New Hampshire communities determine what vibrancy looks like and how to get there. Whether it’s bringing new transportation options to seniors who have aged out of driving, assisting with grants for preservation of cherished historic sites, conservation of green spaces and natural resources, or facilitating the development of housing we need. Planning is not new. The Ordinance of 1785 provided for the rectangular land survey of the Old
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SNHPC Staff at the 2023 Windham Easter Egg Hunt – Talking with Parents about Play Space Accessibility
When it comes to meeting challenges with solutions, planning plays an integral role in helping New Hampshire adapt to whatever may lie ahead.
How Do We Plan?
Community input along with data analysis and research, serves as the foundation for a neighborhood, municipal or regional master plans that lays out the community’s vision, goals, and establishes an implementation road map. Planning considers how land use development patterns, transportation, community facilities, economic development, www.nhmunicipal.org
natural resources, recreation, utilities, and more need to evolve to meet the needs of residents and prepare for the future. In addition to setting the framework for attractive places to live, it offers an opportunity for communities to identify, plan for, and efficiently budget for services, infrastructure, and facilities. Master planning helps ensure we can have safe and healthy places to live and play, respond to emergencies, provide the infrastructure necessary to support community needs, and have a clear path toward implementation into the future. One of the key elements to successful planning is getting input from residents and businesses so that how a community grows is guided by those who live and work there. Local planners and regional planning commissions hold focus groups and workshops, go to community events to ask people about their opinions, use social media and email community representatives. Data analysis and GIS (geographic information systems) are also critical to the success of planning. Data-driven planning increases the effectiveness and efficiency of planners in their efforts to address the challenges and futures of their communities. With GIS, planners can map and track land use, natural resources, infrastructure, demographics, and more. These tools also allow for identifying trends and modeling scenarios to ensure informed decision making. The heart of planning is implementation. One means of Master Plan implementation is through the Planning Regulation and Zoning Ordinance framework. A Master Plan vision is crafted by the residents of a community engaged in the planning process. Moving from a Master Plan vision to reality is often facilitated by planners. Planners play an important role in advancing implementation strategies by advising local boards and commitwww.nhmunicipal.org
tees on regulations and ordinances, to ensure that residential, commercial, industrial, and public uses of space meet the desired vision of the community.
Why Do We Plan? Why Does it Matter?
Someone once said, “It’s the economy, stupid.” Sound planning yields numerous economic benefits. It enhances efficiency by optimizing land use, reducing transportation costs, and promoting proximity between residential, commercial, and recreational areas. Good planning practice fosters the development of efficient infrastructure, enhances productivity and conserves valuable resources. Additionally, well-planned communities attract businesses and investments through improved accessibility and amenities. This influx of economic activity generates employment opportunities, stimulates local markets, and increases the overall economic output of the region. Moreover, planned neighborhoods often lead to higher property values, benefiting homeowners and local governments through increased tax revenues. Effective planning can reduce environmental impacts and enhance the longterm economic resilience of a city. By incorporating green spaces, promoting energy efficiency, and implementing sustainable transportation solutions, communities can minimize environmental impacts and position themselves for continued economic growth in an environmentally conscious manner.
Regional Planning Commissions
Communities aren’t alone in their planning endeavors. New Hampshire’s nine Regional Planning Commissions work closely with towns and cities. Established by state legislation in 1969, the regional planning commissions serve in an advisory role to their member
municipalities. Our mission is to support local municipalities in their planning and community development responsibilities through collaboration, development of regional plans and resources, and local planning assistance. Together, these actions improve the quality of life in the region. The Commissions’ professional staff offer many services over several planning aspects. These include, but are not limited to master planning, zoning and land use regulation, circuit riding, inter municipal coordination, transportation planning, bicycle and pedestrian counting, hazard mitigation planning, housing build-out and suitability analyses, economic development planning, emergency management planning, and water resource planning. The economic benefit of regional planning in New Hampshire is far-reaching, encompassing enhanced efficiency, increased investment, job creation, and long-term sustainability. The Regional Planning Commissions leverage local dollars and create efficiencies at the local level. Through grant writing and technical assistance, the RPCs leverage $100,000 in state funding to secure millions of dollars in grant funding to pour back into our communities. Investing in planning and project development ensures that projects are “shovel ready” to be advanced when grant funds become available. Effective regional planning not only boosts the economic vitality of a region but also contributes to the overall well-being and quality of life for its residents. As Granite Staters, we are uniquely privileged to enjoy natural beauty and outdoor recreational opportunities. It is important to protect the environment that makes New Hampshire so special. Regional planning commissions can act as an intermediary between lake associations, municipalities, and the New Hampshire Department of Environmental Services. RPCs can assist in applying for and administer funding to facilitate watershed management projJANUARY/FEBUARY 2024
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WHAT IS PLANNING? from page 23 ects. For areas with known water quality issues, projects can directly fund the implementation of best management practices, such as improved stormwater management infrastructure. The primary catalyst for forming the Lakes Region Planning Commission (LRPC) in the late 1960s was to protect the region’s water quality. Today, LRPC operates the largest and longest lasting household hazardous waste program in the state. Every year, we work with our communities to safely remove and dispose of approximately 60,000-80,000 pounds (30 to 40 tons) of household hazardous waste preventing negative effects on human health and mitigating potential illegal dumping and disposal throughout the Lakes Region. Hazard mitigation planning, by way of another example, enables communities to identify and implement actions that ensure greater protection from expensive natural disasters and severe weather. The planning process to develop a current five-year hazard mitigation plan approved by the Federal Emergency Management Agency prepares local departments and boards to consider mitigation ideas that benefit the entire community. Investing now in projects such as strengthening municipal regulations, adopting the latest building codes, installing lightning rods and grounding systems in municipal buildings, and upgrading culverts on local roads can save the community money in the long run.
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Let’s Plan!
No matter the community size or make up, planning is critical to shaping the future and balancing housing, economic development, transportation, and natural resource protection. It strengthens quality of life and connections between residents, neighboring communities, and businesses. Planning improves governance and promotes sustainable development. And every thrifty Yankee can appreciate the cost benefit of wise planning To learn more about these services, be sure to check out the NH Association of Regional Planning Commissions’ January/February 2021 Article “What Can Your RPC Do for You?” (https://www. nhmunicipal.org/town-city-article/whatcan-your-rpc-do-you). Be sure to also visit the NH Association of RPCs online at www.nharpc.org where you can find your region and take a virtual tour of the RPCs.
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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.
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Zap the Gap: How to Make Peace & Work Effectively in a Multigenerational Worl
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The State of Local Land Use Regulations in New Hampshire – 2022 Update (December 2023) By Noah Hodgetts, Principal Planner and Alvina Snegach, Assistant Planner, NH Office of Planning & Development
R
SA 675:9 establishes the New Hampshire Office of Planning and Development (OPD) within the Department of Business and Economic Affairs (BEA) as the state repository for all local land use regulations including master plans, zoning ordinances, historic district ordinances, capital improvement plans, building codes, subdivision regulations, historic district regulations, and site plan review regulations. RSA 675:9 also authorizes OPD to conduct an annual survey of all municipalities to collect information pertaining to new and/or amended land use ordinances. This article highlights the results of the 2022 survey, which was completed for all of the state’s 234 municipalities as well as nine village districts with zoning authority, Coos County, which has zoning authority over 23 unincorporated places in the North Country, and the Pease Development Authority which has zoning authority over Pease International Tradeport in Newington and Portsmouth. In addition, this article summarizes the zoning updates that were approved by 144 jurisdictions in 2022. The survey includes those municipalities that lack traditional zoning ordinances, as several have other types of land use regulations including residential subdivision regulations, non-residential site plan review regulations, a wireless telecommunications ordinance, sign regulations, and/ or a drinking water protection ordinance. Several of the municipalities that lack traditional zoning ordinances are also participating communities in the National Flood Insurance Program (NFIP) and have separate floodplain development ordinances, which are tracked by our office’s State Floodplain Management Program.
2022 Summary
Aside from the usual definition changes and other routine zoning amendments passed to make sure municipal zoning ordinances are consistent with recent state statute changes, in 2022 communities passed a slew of zoning changes ranging from open space subdivision/cluster ordinance updates to sign ordinance changes. Overall, 144 jurisdictions out of 226 of those that have zoning (64%) adopted zoning amendment updates the vast majority of which were adopted through 28
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the Annual Town Meeting process. One (1) community (Groton) adopted a comprehensive Zoning Ordinance in 2022. Of particular note, in 2022 4 communities amended their Accessory Dwelling Unit (ADU) ordinances to allow detached units, 5 communities adopted or expanded their workforce housing ordinances, 13 communities added a definition or adopted short-term rental regulations, 11 communities adopted definitions for solar arrays or a solar energy systems ordinance, and 1 community adopted 79-E, which provides property tax relief to encourage investment in rehabilitation of underutilized buildings in downtowns and town centers.
Accessory Dwelling Units
206 jurisdictions have adopted a provision in their zoning ordinance regulating Accessory Dwelling Units (ADUs) since RSA 674:71-73 went into effect on June 1, 2017; an increase of one jurisdiction from the 2021 survey. RSA 674:71-73 requires communities that have adopted a zoning ordinance to allow ADUs in single-family residential zoning districts as-of-right, by special exception, or conditional use-permit to encourage the development of additional housing on single-family house lots. However, of these 206 jurisdictions, 175 jurisdictions require the principal dwelling unit or the accessory dwelling unit to be owner-occupied and only 109 jurisdictions allow accessory dwelling units in structures which are detached from the principal dwelling unit (a net increase of 4 jurisdictions from the 2021 survey). Half of the jurisdictions that regulate accessory dwelling units permit them as-of-right, while the other half requires obtaining a conditional use permit or special exception. 20 jurisdictions differentiate between how they permit attached and detached ADUs (typically attached ADUs are allowed as-of-right and detached ADUs require obtaining a conditional use permit or special exception).
Workforce Housing
Among New Hampshire’s 234 municipalities, 76 communities explicitly allow workforce housing, including 30 communities who have workforce housing multi-family overlay districts in accordance with the state’s workforce housing law, RSA www.nhmunicipal.org
674:58-61. RSA 674:58-61 requires any municipality which exercises the power to adopt land use ordinances and regulations to provide reasonable and realistic opportunities for the development of workforce housing including rental multi-family housing in their ordinances and regulations. Most of the communities that have adopted workforce housing ordinances are in Southern New Hampshire, the Seacoast, the Mount Washington Valley, and the Upper Valley where housingcost pressures are the greatest, but increasingly more rural communities facing a growing workforce and housing shortage have also considered adoption of workforce housing ordinances. However, only 50 of these communities have an inclusionary zoning clause in their workforce housing ordinance, which provides a density bonus to construct units at a greater density than otherwise allowed or other incentive, in exchange for a developer setting aside a set percentage of units (usually between 10 – 20%) as affordable. At the same
time, many of these same communities in Southern New Hampshire and the Seacoast also levy impact fees (86 communities) and/or have enacted growth management ordinances (22 communities). 78 communities also employ age-restricted housing regulations which typically limit residential development in certain areas to persons over age 55 or 62. In 2022 some communities tightened their workforce housing regulations while others expanded them. Hudson and Brentwood removed age-restricted housing regulations, while others including Greenland, Pelham, Chesterfield passed expanded workforce housing ordinances or adopted age-restricted regulations. New Boston adopted workforce housing regulations in 2022 and now allow increased density by conditional use permit for certain properties if they meet set criteria. Hanover introduced a new permitted use, affordable nonprofit provided housing, as an allowed use in several zoning districts. Pelham
expanded workforce housing to be allowed in all zoning districts that allow residential uses except for the Rural District. Kensington allowed additional density for Open Space subdivisions to go over the required maximum if there is affordable housing proposed. Amherst amended its Planned Residential Development regulations including allowing a density bonus (up to 25%) by Planning Board decision.
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LAND USE REGULATIONS from page 29 Claremont voted to allow increased maximum density in Residential District II for multiple units on a single lot. Greenland amended its agerestricted housing ordinance to include affordable housing provisions. Brookline limited workforce housing to a maximum of 3-4 dwelling units only along the Route 13 corridor and removed an allowance for a reduction of the minimum lot size up to 25% per unit for workforce housing. Brookline also reinstated its Growth Management Ordinance in 2022 and Bow deleted Duplex and Multi-Family residential uses altogether in its Rural and Residential Districts.
Short-Term Rentals
With the explosion of short-term rentals in recent years in areas of the state popular with tourists including the Mount Washington Valley, Lakes Region, and Seacoast, in 2022 13 communities added definitions for short-term rentals or short-term rental regulations, increasing the number of communities that regulate short-term rentals to 41. Communities that added language pertaining to short-term rentals to their zoning ordinance in 2022 include Barnstead, Easton, Eaton, Exeter, Francestown, Gorham, Groton, Lisbon, Meredith, Monroe, New Hampton, Newport, and Northfield.
Solar Energy Ordinances
More and more communities are adopting comprehensive solar energy systems ordinances to regulate roof and ground mounted solar arrays. In 2022, 11 communities adopted definitions for solar arrays or a solar energy systems ordinance, bringing the number of communities with solar energy regulations to 63. As the size and complexity of solar arrays has grown in recent years, communities have adopted increasingly comprehensive solar energy systems ordinances which address everything from lot coverage and buffers to decommissioning.
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RSA 79-E, Community Revitalization Tax Relief Incentive
The Community Revitalization Tax Relief Incentive Program, better known as 79-E, which encourages rehabilitation of underutilized buildings in downtowns, town, and village centers through the provision of local property tax relief, has become an increasingly popular economic development tool used by municipalities. To date 66 communities have adopted 79-E with Greenville becoming the newest community to adopt the program in 2022.
adopted an Open Space Residential Development ordinance which allows for a variety of density bonuses for parent parcels over 20 acres under certain conditions. Newbury amended its Cluster Development regulations by removing the requirement that Cluster Developments be entirely residential and adding non-residential uses where permitted by underlying district. Although this was only amended via the purpose statement of the Cluster Development regulations and not the regulations themselves.
Mixed-Use Zoning
While used-based Euclidean zoning, which separates residential, commercial, and industrial uses, remains the dominant type of zoning throughout the state, 147 communities have created mixed-use zoning districts usually in their downtowns or village centers which allow for residential, commercial, and retail uses to be located either near each other or within the same structure. In 2022, Milton added a Gateway Business Overlay District Ordinance allowing for mixed use development with other commercial uses, and Stratham replaced its Flexible/ Mixed Use Development District Ordinance in its entirety to clarify land uses and requirements.
Open-Space Residential (Cluster) Development
180 jurisdictions allow open-space residential (or cluster) developments in accordance with RSA 674:21(I) (f ) where homes are usually spaced closer together than allowed through a traditional subdivision, in exchange for permanently protecting a percentage of open space, an increase of one community from the 2021 survey. Many of these communities provide a density bonus for developments that conserve more than the minimum required amount of open space. Openspace residential (cluster) developments typically require a minimum of 25-plus acres. In 2022, Andover
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Final Thoughts
A few final notable observations from the 2022 survey include: • One community, Groton, currently lacking traditional zoning adopted a comprehensive, traditional zoning ordinance after rejecting adoption of a similar ordinance in 2019. However, the Town of Dalton, whose Emergency Temporary Zoning and Planning Ordinance expired in June 2022, was unsuccessful in its effort to adopt a permanent comprehensive, traditional zoning ordinance. • 164 jurisdictions have developed quantifiable performance-based standards in their zoning ordinance, a flexible alternative to traditional use-based zoning which typically regulates site standards and intensity of use. Performance based standards have most commonly been adopted for the regulation of telecommunications towers/ equipment and wind energy systems. www.nhmunicipal.org
• Eight communities have gone a step further and adopted form-based codes for some or all their community, which regulate the character and physical form of an area rather than specific uses. • In 2022 some communities continued classifying rental related activities as home occupations. In Easton the definition of home occupation was modified to allow rental of one or two rooms up to a total of three guests in an owner-occupied home. In Groton short-term rentals as well as long-term rentals are allowed by-right, but are a considered a home business and must follow home business regulations in the ordinance. • Aside from use-based zoning, the most prevalent planning and development technique which communities in New Hampshire utilize is the regulation of signs. 219 out of 226 zoning jurisdictions have adopted some form of sign ordinance regulating type, size, lighting, content. • 57 communities have adopted master plan updates since the beginning of 2020 including 18 who updated at least one chapter of their Master Plan in 2022 with an increasing number adopting master plan chapters which deviate from the master plan chapters enumerated in RSA 674:2. Such new emerging master plan topics include broadband, community health, climate change, and the arts.
utilizing innovative planning and zoning approaches to meet their communities’ current needs, while planning proactively for the future.
As this article demonstrates, while some jurisdictions rolled backed incentives for workforce housing in 2022, many are
For additional information or questions e-mail planning@ livefree.nh.gov.
www.nhmunicipal.org
The complete results and full analysis of the 2022 Municipal Land Use Regulation Survey are available at https://www. nheconomy.com/office-of-planning-and-development/ what-we-do/municipal-and-regional-planning-assistance/ municipal-land-use-regulation-annual-survey The following data products cand be found on OPD’s Municipal Land Use Regulation Survey webpage: • 2022 Municipal Land Use Regulations Story Map Visual summary of the results of the 2022 survey. • Interactive Map - Map depicts by municipality all topics covered on the 2022 survey in the order it was presented on the survey. • Community-By-Community Snapshot - Survey results for each community including links to land use regulations, master plans, and zoning ordinances. • 2022 Adopted Zoning Amendments - Summary of zoning amendments adopted in 2022. • Subject Specific Tables - Data collected from the survey categorized by topic.
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Congratulations to Members Who Completed the 8-Course Financial Policy Certificate Program This Fall!
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policies.
ew this year, NHMA developed a free certificate program for municipal officials who wanted to explore and improve the fiscal operations of their city or town. The certificate program complemented the updating of NHMA’s publication, The Basics of Financial Policy, which provides municipal officials with an overview of basic financial
NHMA's Government Finance Advisor, Katherine Heck, led the classroom instruction with entertaining flair and covered these topics: internal controls, segregation of duties, fraud and risk; policies for operations and budgeting; fund balance policy, revenue policies, expenditure policies, investment policy, debt policy and capital planning and fiscal capacity. Congratulations to the first cohort of municipal officials who attended all eight courses of the new certificate program in September and October. Anne Abear Kori Allen Jennifer Allocca Stacy Bolduc Alisa Bonnette Holly Burbank Paul Calabria Heather Carpenter Jeanette Charon Joan Cleary Lincoln Daley Debbie Deaton Amy Doherty Jennifer Dostie Robert Edwards Rebecca Farnsworth Elisa Fitzgerald Cynthia Flanagan Jeanie Forrester Audrey Fraizer Kate Fuller Benjamin Gaetjens-Oleson Christina Goodwin Leah Gore Tracy Hardekopf Zachary Hofland Sara Hogue Janis Jalbert Tim Joubert 32
Finance/HR Director Administrative Assistant Finance Director Town Administrator Assistant Town Manager Assistant County Administrator Finance Director Town Administrator Town Administrator Town Administrator Town Administrator Town Administrator Finance Administrator Administrative Assistant Selectman Finance Director Finance Director Administrative Services Manager HR Town Administrator Town Administrator Town Administrator Town Manager Town Administrator Financial Analyst I Selectperson Asst. Finance Director/Accountant Administrative Assistant Selectboard Administrative Assistant Chief
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Town of Plymouth City of Laconia Town of New Boston Town of Freedom Town of Enfield Grafton County Town of Milford Town of Gilmanton Town of Dalton Town of Mount Vernon Town of Milford Town of New Ipswich Town of Barrington Town of Alexandria Town of Antrim Town of Lincoln Town of Jaffrey City of Manchester Town of Tilton Town of Tuftonboro Town of Dublin Town of Lancaster Town of Bristol City of Manchester Town of Barrington Town of Goffstown Town of Grafton Town of Chester City of Laconia www.nhmunicipal.org
Kim Kleiner Richard Kreissle Cheryl Lindner Crystal Merkey James Michaud Lauraine Paquin Laura Parker Aaron Patt Brenda Pearl Tammy Penny Jamie Pike Michelle Pong Danielle Pray Ken Robichaud Karen Sanborn Scott Scott Butcher Amanda Simino Shawn Talbot Sean Valovanie Robert Varnum Melissa White Alesia Williams Eric Window
Town Administrator Finance Director Treasury Management Officer Deputy Tax Collecter/Finance Officer Chief Assessor Community Development Assistant Finance Manager Town Administrator Town Administrator Finance Director Town Administrator Town Administrator Selectman Town Administrator Town Administrator Town Administrator Administrative Assistant Selectboard Chair Deputy Fire Chief Accounting Clerk III Town Administrator Deputy Finance Director Bookkeeper
Town of Litchfiled Town of Walpole Town of Bow Town of Barrington Town of Hudson Town of Gilmanton Town of Alton Town of Greenfield Town of Loudon Town of Pelham Town of Francestown Town of Stoddard Town of Amherst Town of Northfield Town of Hebron Town of Brookline Town of Jefferson Town of New Ipswich Town of Tilton City of Lebanon Town of Grantham City of Lebanon Town of Wilton
We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.
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JANUARY/FEBUARY 2024
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2024 Legislative Preview By Natch Greyes, Government Affairs Counsel
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his past session was positive for municipalities. Municipalities will receive $145 million more than the last budget, building upon the year prior’s non-budget year record-breaking $100 million in direct aid sent to municipalities and almost $150 million in funding for additional grant and loan programs. While we expected that the non-budget year appropriations in 2024 would be less than in 2022 (because the surplus is smaller), the recent court decisions on education funding may change the entire calculus of future state appropriations. In short, one of the recent decisions found that “the base adequacy cost can be no less than $7,356.01 per pupil per year,” which is more than the currently allocated $4,100 per pupil per year. One of NHMA’s major concerns is where the state will look to find any additional monies during the prelude to the 2025 budget cycle (as well as during that budget cycle). Although the court’s decision will be appealed, it is possible that we will see a Supreme Court decision before January 2025. Meanwhile, we already know that our Government Affairs Department will be tracking, advocating on, and asking you to reach out to your legislators on more than 424 of the 1,217 bills that made it through to filing as of this writing. That means almost 35% of all bills filed have a municipal component (if we count filed but withdrawn, the percentage is over 35%). That’s more than we’ve seen in prior years. At least half of those 424 bills will have a hearing within the first three weeks of the legislative session starting. It’s difficult to pick out highlights from the long list of bills that we’re working on, but there are a few worth mentioning: This year we’re seeing a return of the anti-lobbying bill and the immunity repeal bill, despite both being defeated last year in the House. Please make sure to talk with your House members about those bills (again) and pay attention to the Legislative Bulletin for updates as those get scheduled for hearings. (Also, if you haven’t already talked to us about the letters we are collecting in opposition to the bill, please reach out.)
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On the positive side, we’re working with other stakeholders to resolve the longstanding liability concern for municipalities relative to accessible voting. We are hopeful that we can come to a resolution that eliminates the significant liability concerns for municipalities. We are also hopeful that a couple of different bills will help alleviate some of the costs associated with the Right-To-Know law. One looks at the issue of large requests and another looks to have the state provide an online platform for municipal records that the municipality wishes to make public (and provides a bit of an incentive for municipalities that decide to send records there). We’re also hoping to help secure more one-time money for road and bridge projects, but we’ll see what surplus is available. On the interesting front, motor vehicle collisions with covered bridges have been such a concern for our members that there are two separate bills looking to help reduce those incidents. Also, the legislature is considering what to do with state-owned dams, so you should expect to hear more from us on that issue. On the housing and daycare fronts, two subjects that legislators are extraordinarily interested in passing legislation on this session, there are several dozen bills. Many seek to increase the number of allowable units in a given area (or, in the case of childcare, the number of children). Some, however, look to technical areas to decrease building costs such as with timing for driveway permitting by the Department of Transportation or refinements to existing legal doctrine on who qualifies as an abutter and may appeal local land use board decisions. Many of these technical updates, which do not impact local land use authority, appear likely to drive some decrease in housing costs by lower administrative or other cost barriers. Our legislative preview webinar is scheduled for Friday, January 5. We look forward to seeing you there and working with you through this legislative session. Natch Greyes is the Government Affairs Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at governmentaffairs@nhmunicipal.org. www.nhmunicipal.org
www.nhmunicipal.org
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The
HR
REPORT
Legal Update: Proposed Increase to Minimum Guaranteed Salary for “White Collar” Overtime Exemption By Nicholas J. Blei, Esq.
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he federal Fair Labor Standards Act (FLSA) requires covered employers, including municipalities, to pay most employees at least minimum wage for every hour worked and overtime equal to 1 ½ times the employee’s regular rate of pay for all hours worked over 40 in a work week (or over 53 hours for fire protection employees and 43 hours for law enforcement employees). However, it provides a limited set of exemptions to these minimum standards for certain qualifying employees, referred to as “exempt” employees. The most commonly utilized set of exemptions are referred to as the “white collar” exemptions, which, generally, permit employers to exclude salaried executives, administrative, and professional employees from their overtime policies. In general, in order to properly classify an employee as an exempt executive, administrative, or professional, the employer must evaluate whether the employee (1) performs exempt duties, (2) is paid a guaranteed salary basis, and (3) the salary meets the minimum threshold. The current salary threshold is $684 per week ($35,568 annually). The FLSA regulations also provide a streamlined exemption test for highly-compensated employees, i.e., employees who (under the current rule) receive at least $107,432 in total annual compensation, a component of which much be a guaranteed a minimum base salary. On Aug. 30, 2023, the U.S. Department of Labor, the agency responsible for overseeing and implementing the Fair Labor Standards Act, announced a proposed rule to raise the minimum salary required to qualify for the “white collar” exemptions to $1,059 per week ($55,068 annually), and to increase the highly compensated employee exemption to $143,988 per year. The proposed rule also includes automatic updates, bumping up the threshold to 36
NEW HAMPSHIRE TOWN AND CITY
account for inflation every three years. It is important to note that not all salary exempt employees will be impacted by the new proposed rule. For example, a limited number of professions (generally, teachers, lawyers, and doctors) qualify as exempt under the “learned professional” exemption, so long as they otherwise meet the applicable test, regardless of whether they are paid the minimum salary required for other white collar exemptions. The public comment period on the proposed rule closed on November 7, 2023. The DOL has not yet issued a modified proposed rule or a final rule in response to the comments. If finalized, implementation will likely begin at some point in 2024. That being said, legal challenges are anticipated once the rule is finalized which could further delay implementation of the proposed changes. Given that this is a proposed rule which has not yet been finalized, no immediate action is required by employers. However, this would a good time to evaluate how, if implemented, the minimum salary adjustment would impact municipal employees. For example, municipal human resources departments should audit current classifications to see how many exempt employees currently earn less than the new proposed minimum annual salary of $55,068 and assess what it would cost to increase their pay (taking into account associated raises for other employees due to compression impacts) versus the cost of reclassifying the position as non-exempt and overtime eligible. Additionally, the proposed rule may provide a good reason to perform a broader classification audit and assess whether all employees classified as exempt truly perform exempt duties. Many municipal employers have unionized employees, whose wages are subject to a collective bargaining agreewww.nhmunicipal.org
ment (CBA). To the extent that any provision of a CBA is in conflict with the new rules updating the minimum salary amount, the revised legal rules will take precedence. For example, a clause in a CBA stipulating that certain employees earning $50,000 per year are classified as salary-exempt and not eligible for overtime would conflict with the new proposed rule once it takes effect. Any such employees would be entitled to overtime for all hours worked over 40 in a work week, which would require
tracking of hours, closer management of hours worked per week, and payment of overtime as necessary. Any proposal to modify salary amounts to maintain exempt status would require bargaining with the Union. In anticipation of the new rules taking effect in 2024, now is the time for human resources professionals to review employee rosters and CBAs to identify which employees may be impacted by the new rules. With advance planning, municipal employers
Court
Update
can be well positioned to bring themselves into compliance with the new rules upon their inception. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.
By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel
Now available online:
November 2023 While RSA 105:13 Protects some Police Personnel Information during Criminal Trials, it Cannot be Used to Deny a Right-to-Know Request under RSA. 91-A. Still, RSA. 91-A:5 Protects Some Personnel Files if There is a Strong Privacy Interest, American Civil Liberties Union of N.H. v. N.H. Div. of State Police, New Hampshire Supreme Court Case No. 2022-0321, 11/29/2023 Public Employees Who Suffer Adverse Employment Actions by Municipal Employers can Make Constructive Discharge Claims and a Police Officer who Resigns under Such Circumstances Can Sue for Wrongful Termination Even Without Exhausting Remedies, Jason Boucher v. Town of Moultonborough, New Hampshire Supreme Court Case No. 2022-00500, 11/15/2023 NH Supreme Court Reverses Housing Appeals Board (HAB) Decision and Reinstates Planning Board Decision Because the HAB Wrongly Substituted its Judgment for the Decision of the Planning Board, Appeal of Town of Roxbury, New Hampshire Supreme Court Case No. 2022-0238, 11/14/2023 Media Members who are Resident Citizens of Neighboring States Filing Right-to-Know Requests on Behalf of Publications with New Hampshire Addresses Likely Count as “Citizens” Under RSA 91-A, In Re City of Rochester, Office of the Right to Know Ombudsman Docket No. RKO 2023-018, 11/03/2023 If a Municipality or Agency has Promised a Date by which Documents Requested under Right-to-Know Law will be Available, it Must Either Make the Records Available by Then or Notify the Requester of any Delay, Albert S. Brandano v. Superintendent of the New Hampshire S.A.U. 16 & a., New Hampshire Supreme Court Case No. 2022-0084, 11/03/2023
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Tech
Insights Local Governments are High Value Targets of Cyberattacks By Douglas Poirier, President & CEO, Umbral IT
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wice as many cyberattacks on local governments were recorded last year over the previous year. Several causes, including the increased sophistication of hackers, the widespread adoption of cloud computing by governments, and a dearth of investment, resources, and knowledge in cybersecurity on the part of many local governments, certainly account for the uptick in incidents. There are many forms and vectors of Cyber Attacks. Cybercriminals have a wide variety of tools at their disposal to launch attacks against local governments. Among the most typical forms of cybercrime are: • Phishing: In this form of cyberattack, the attacker poses as a trusted organization, like a bank or credit card firm, and sends a convincing email or text message. Malware is delivered to the recipient's device when they access a link or open an attachment in an email or text message. • Malware: Malware, short for "malicious software." It is software with malicious intentions. Phishing, hacked websites, and email attachments are all ways that malware can propagate. • Ransomware: Ransomware encrypts the user's files then cyber criminals asks for money in exchange for the decryption key.
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• Data Breaches: A data breach is defined as theft of confidential information from a computer system, such as names, addresses, or credit card numbers. Multiple factors, including hacking, phishing, and malware, can lead to a data breaches. • Denial-of-Service (DoS) Attacks: Denial-of-service attacks aim to disrupt the service of users to a networked computer system or website. Flooding the system with requests is one method of launching a denial-of-service attack, but infrastructure attacks are another. • Distributed denial-of-service (DDoS) attacks: These are DoS attacks carried out by a large number of computers working together. Due to the increased effort and resources needed, DDoS attacks are far harder to fight against than DoS attacks.
Consequences of Cyber Crime Significant damage can be done by cyberattacks on municipal and city governments. Information on employees and residents, as well as financial details and intellectual property, are all prime targets for hackers. They can cause substantial monetary losses and disruptions to essential utilities like water and electrical networks. Hackers have leveraged security holes to take over nuclear power plants and other facilities.
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www.nhmunicipal.org
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CYBERATTACKS from page 38 The most serious violations committed against New Hampshire cities and municipalities in 2023 are as follows. Definitions Breach: Attacker is inside the computers, network, and or systems. Compromise: Attackers have copied and taken data City of Lebanon, New Hampshire Ransomware - Estimated cost: Unknown. City of Nashua, New Hampshire Data breach – Exposed over 5,000 employees’ personal information – Cause: vulnerability in payroll system State of New Hampshire Data Breach - Exposed over 10,000 residents’ personal information – Cause: 3rd party vendor There is a growing danger to our communities' safety as a result of these breaches and compromises. Additional preventative measures should be taken by local and municipal governments to ward off cyberattacks. Many American communities and towns become victim to cyberattacks for various reasons. These include, but are not limited to: 1. Insufficient means. Unfortunately, many local governments lack the funds necessary to implement comprehensive cybersecurity policies and procedures. This can make them appealing to hackers who are looking for easy targets to exploit. 2. Antiquated equipment. Too often, local governments rely on antiquated systems that leave them open to cyberattacks. For instance, many municipalities are still employing the usage of antiquated computer systems and software, 40
both of which are rife with security holes.
trusion detection systems (IDSs), and security awareness programs.
3. Not enough training. There is a widespread lack of cybersecurity education and training among municipal workers. Because of this, mistakes are made, and hackers take advantage of the uneducated. For instance, workers may unwittingly provide hackers access to their networks by engaging in actions such as clicking on phishing links or opening harmful attachments.
• Having a solid backup and restoration strategy. This necessitates both routine data backups and a contingency plan for restoring lost information in the case of an attack.
4. Unfamiliarity. Many local governments are unaware of the most recent cyberthreats. As a result, hackers may target them in the hopes of exploiting weaknesses that go undetected.
• Cybersecurity training for staff. Workers need to know what ransomware is and how to protect themselves from it.
Safeguarding Yourself Municipal and city governments can take many measures to safeguard themselves from cybercrime. Implementing solid security measures, such as using strong passwords, updating software, and employing firewalls and antivirus software, are among the most crucial stages. Employees need to be educated on the dangers of cyberattacks and how to protect themselves. Having a response plan implies knowing who will be involved and what actions will be taken in the event of a cyberattack. In order to better defend local governments from cyber threats, the Cybersecurity and Infrastructure Security Agency (CISA) has published many suggestions. https://www.cisa.gov/ The following are some suggestions: • Spending money on advanced cybersecurity tools like firewalls, in-
NEW HAMPSHIRE TOWN AND CITY
• Adopting stringent safety protocols. The use of robust passwords, regular software updates, firewalls, and antivirus programs are all essential.
• Having a strategy ready to implement. Having a plan for who will be involved and what will be done in the event of a ransomware attack is essential. • Employ multi-factor authentication on email accounts, devices, and other software systems. • Email Filtering should be implemented to protect against Phishing, Viruses, and malware. Taking these measures can help businesses become more resistant to ransomware and lessen the likelihood of a devastating assault on technical infrastructure. Some more advice on how to strengthen defenses against ransomware: • Employ a wide range of safety measures. Unfortunately, no single security system is immune to ransomware. Antivirus programs, firewalls, and intrusion detection systems are only some of the instruments that should be used. www.nhmunicipal.org
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. For only $500, you get an online listing including company name, contact person, clickable logo to your website, company description and email/phone listed under up to three categories. Our website receives nearly 27,000 visitors every month.
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Municipal Resources, Inc. Municipal Technology Systems, LLC NH Municipal Bond Bank NH PDIP/PFM Asset Management LLC NH Tax Deed & Property Auctions NHCDFA NorthEast Electrical Northway Bank Onsite Drug Testing of New England P3 Advisors Strategy & Finance Pare Corporation Primex 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! VISIT https://www.nhmunicipal.org/advertising-opportunities. www.nhmunicipal.org
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CYBERATTACKS from page 40 • Update your programs regularly. Security fixes that are included in software updates might shield your system from ransomware. Always update your software as soon as new versions become available. • Take caution using your mouse, don’t just click, think. Phishing emails are commonly the instigating factor in ransomware outbreaks. Do not follow links or download attachments from unsolicited emails. • Keep regular backups of your information. If your files have been encrypted by ransomware, this will help you decrypt them. • Prepare for catastrophic events. If your systems or data are compromised by ransomware, this will assist you recover them. You can make your system more resistant to ransomware attacks by implementing these measures. It is important to recognize that no one can prevent a cyberattack. However, taking these precautions may help you avoid or lessen the effects of a cyberattack. It's also likely that hackers will launch attacks on an increasing number of cities
in the future. One explanation is that hackers are getting better and better at what they do. Because of the growing reliance of cities on technology, hackers are continually refining their methods of assault. Water, electricity, transit, and communication are just a few of the many utilities that rely heavily on technological advancements. Because of this, they are more susceptible to online assaults. Finally, many municipal governments suffer from a shortage of both cybersecurity resources and skilled personnel. Unfortunately, many municipal governments lack the know-how and means to effectively counteract cyber threats. It is for this reason it is important to consult an expert. This article is a primer on cyber security threats. There are many more vectors of attack than are mentioned here. Also, the number of technologies that exist to protect organizations from cyber-attacks is enormous and too numerous to outline here. And finally, responding and recovering from an attack involves a lot of technical, legal, and administrative experience, the steps outlined here are just a small portion of that response. Douglas Poirier is the President and CEO of Umbral Technologies, based out of Merrimack, NH and has over 25 years of experience in the field of Information Technology and Cyber Security.
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Hampton Falls Town Administrator Karen Anderson Receives Russ Marcoux Municipal Advocate of the Year Award
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he 2024 Russ Marcoux Municipal Advocate of the year award was presented at NHMA’s annual awards banquet held on November 15 in conjunction with the NHMA Annual Conference in Manchester.
ed a mid-session meeting when that record did not reflect the priorities of the town. More than that, I was assured that this year’s recipient “knows everyone in town” and “she’ll let them know if I don’t start standing up for municipalities.”
NHMA’s Executive Director, Margaret Byrnes, recounted the history of the award: it was initiated in 2011 by NHMA staff as an incentive and a recognition for a local official who had made extraordinary effort in advocating on legislative issues affecting local government. The staff decided in 2011 to give the first award to Bedford town manager Russ Marcoux.
Past recipients of this recognition are: 2011
Russell R. Marcoux, Town Manager, Town of Bedford
2012
James Michaud, Assessor, Town of Hudson
2013
Don MacIsaac, Selectman, Town of Jaffrey
Byrnes explained that Russ had been a model of municipal advocacy, following legislation carefully, talking regularly to his legislative delegation, and frequently coming to Concord to testify before legislative committees. Most of all, he exhibited the “appropriate level of moral outrage” toward some of the legislation proposed every year. Sadly, Russ became ill shortly before the 2011 Annual Conference and died a few weeks later, never knowing that he had been chosen for the award.
2014
Julia N. Griffin, Town Manager, Town of Hanover
2015
Shaun Mulholland, Town Administrator, Town of Allenstown
2016
Portsmouth City Council, City of Portsmouth
2017
Bill Herman, Town Administrator, Town of Auburn
2018
Mark Bender, Town Administrator, Town of Milford
In his honor, NHMA decided the following year to name the award after him. It has been given every year since then (other than a break in 2020, when the legislative session ended abruptly before it was half over) to a local official who exemplified the Russ Marcoux tradition.
2019
Christopher Boldt, Selectman, Town of Sandwich
2020
No award (COVID)
2021
Mayors of New Hampshire’s 13 Cities
2022
Ken Robichaud, Town Administrator, Town of Northfield
2023
Karen Anderson, Town Administrator, Town of Hampton Falls
NHMA Government Affairs Counsel, Natch Greyes, presented this year’s award to Karen Anderson, Hampton Falls Town Administrator. In his introductory remarks, Greyes stated, “This is an individual who not only kept us in the loop, not only on legislation that was filed on behalf the municipality, and not only took the time to read our communications throughout the legislative session and not only keep us informed of conversations with legislators, but someone who caused a legislator to hunt me down in the hallways of the state house to find out NHMA’s top priorities.” Greyes continued, “The thing that amused me the most about that conversation was how much the legislator was put out of sorts by the fact that this year’s recipient had followed the voting record of the town’s legislators and request44
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Cordell A. Johnston _________
Attorney at Law
Representing towns and cities P.O. Box 252 Henniker, NH 03242 603-748-4019 cordell@cajohnston.com www.nhmunicipal.org
s
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UP CLOSE AND PERSONAL
New Hampshire Town and City Up Close and Personal – Member On-the-Board Profile Michael Malaguti– Londonderry Town Manager
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Michael Malaguti
Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at info@nhmunicipal.org.
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elcome to Up Close and Personal – On the Board, a column in New Hampshire Town and City designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of the newest board members, Michael Malaguti, Town Administrator in the Town of Londonderry. Michael was elected this November to serve on NHMA’s Board of Directors.
ity, but some people are too quick to explain our actions by resorting to conspiracy theories. And there have never been fewer volunteers for town boards and committees.
TC: What are your duties and responsibilities as Town Manager?
TC: Has your public position changed you personally?
MM: I’m the chief administrative officer for the town, with duties defined in the Town Charter and under the town manager statute. Some of my most important duties are the preservation of the health, safety and welfare of persons and property, budgetary management, enforcement of ordinances, supervision and direction of town departments and personnel, and responsibility for town property.
MM: It’s hardened me, if I’m being completely honest. When I took office, I was unprepared for the level of scrutiny I would face for decisions big and small. In a town the size of Londonderry, that goes with the territory. The last two years have been a sometimespainful process of coming to terms with the fact that my successes and failures, and everything in between, play out in full public view. Anyone who can’t handle negative stories about themselves in the newspaper, and misinformation and even vitriol on social media, should think twice before stepping into such a public role.
TC: What is your biggest challenge in performing your duties? MM: The biggest challenge facing any municipal official today is a lack of confidence in public officials and institutions. It seems like the healthy suspicion Americans have always had in government has coarsened into something more destructive. It’s not everyone, and it’s not even a major-
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TC: How has NHMA helped you to do your job? MM: The Granite State (and this includes Londonderry) is known for its lean, responsive government. But because we are lean, we don’t have a lot of time to monitor and advocate (for and against) legislation. NHMA fills in this gap.
TC: Has your job changed the way you look at the role of government? MM: I practiced law for a decade before becoming town manager. I had a fairly strict view of what is and is not a governmental function. What I’ve learned is the police and fire departments have to respond, the roads www.nhmunicipal.org
need to get plowed, and the trash needs to get picked up—that’s a given. But what separates municipalities residents from feeling negatively towards, and those lucky enough to enjoy residents’ support, are the community events and initiatives like Old Home Day and Christmas and Veterans Day observances. People don’t expect a whole lot from local government, and when they see these displays of caring and community, it makes a big difference. TC: What lessons about human nature have you learned in your municipal role? MM: Most people who are angry or have a grievance just want to be listened to. I’ve learned that even with a to-do list a mile long, and any number of dumpster fires smoldering away, it is more important to prioritize speaking with concerned citizens. If you don’t, it will become a much bigger issue, and when the concerned resident speaks at the next Town Council meeting, he or she will let everyone know you didn’t give them the time of day. And then their concern will become your priority, like it or not. TC: Anything else you would like to discuss about your job? MM: This is the hardest, most fulfilling job I have ever had. I’m an effective town manager today because of all the mistakes and learning I’ve experienced. You won’t find effective leaders who haven’t skinned their knees and learned from it. They don’t exist.
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UP CLOSE AND PERSONAL
New Hampshire Town and City Up Close and Personal – Member On-the-Board Profile Bonnie Ham, Chair, Planning Board, Woodstock
W
elcome to Up Close and Personal – On the Board, a column in New Hampshire Town and City designed to give readers a closer look at NHMA board members. In this issue, we hope you enjoy meeting one of the newest board members, Bonnie Ham, Chair, Planning Board in the Town of Woodstock. Bonnie was elected this November to serve on NHMA’s Board of Directors.
Bonnie Ham
Do you know someone who deserves to be profiled in a future edition of New Hampshire Town and City magazine? If so, please contact the New Hampshire Municipal Association at info@nhmunicipal.org.
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TC: What is your biggest challenge in performing your duties? BH: The most important role of the Board is to plan. Be proactive. Unfortunately, much of the Board's time is spent on reacting to ideas of others. As we redraft our Master Plan, which is supposed to be our "road map" moving forward, we have formed a "Vision Committee" made up of representatives of our community to try to forecast where we want to be in 5 years as well as 10 years. Not an easy task. It's worth the effort to try to predict. Those thoughts become a tool that guides the Board as it makes decisions that have lasting impacts. TC: How has NHMA helped you to do your job? BH: NHMA is a good resource to use as the Board reviews issues that
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come before the Board. It has a wealth of information and valuable input as to experiences faced elsewhere throughout the state. NHMA is a good place to go to brainstorm on issues and to seek reassurance that the Board is in compliance with legal requirements as it conducts its meetings and reviews applications. NHMA has a wealth of information to share with member municipalities. TC: What is the public perception about your job and how does it differ from the reality of your job? BH: It is the Board's responsibility to uphold the law and regulate appropriately in the best interests of all parties that may be affected. Applications are reviewed as proposed by the owner or representative of a specific property. It is the board's responsibility to approve, deny, and condition what is presented. The Board, however, also needs to hear and consider the thoughts of other interested parties that have a valid point of view. It is the Board's role to balance differing thoughts as to what is best for the community and environment while respecting individual property rights. That is not an easy task and at times difficult to explain to the general public. TC: Has your job changed the way you look at the role of government? BH: This job has become much more complicated over the years! Our community and state has experienced many new ideas and www.nhmunicipal.org
initiatives resulting in ever changing new perspectives a Board must consider. Best practice concepts to address environmental and societal needs are dramatically different than there were 50 or even 20 years ago. Board members must keep current with the impacts brought on by change. They must take advantage of training and educational opportunities offered by NHMA, state and planning agencies in order to continue to make good choices for their community and state. All municipalities are facing the same but different issues given their community's unique character. It is good to know your town is not alone. NHMA provides all municipalities an opportunity to learn from one another and chose the solutions that work best for their set of circumstances and goals. NHMA additionally can bring the issues we have in common to state officials in a more effective and compelling manner than an indi-
vidual community. State officials need to hear from us to be able to do their jobs. TC: What lessons about human nature have you learned in your municipal role? BH: Determination to make a difference; patience; the ability to build consensus. It's good to be on the committee to do the right thing! TC: What advice would you give someone who would like to follow in your footsteps into this job? BH: Don't be afraid. It's a wonderful opportunity to make a difference! TC: Do you dislike any aspects of your job? Which ones? Why?
compliance with any regulation, laws, or best management practices so that decisions made are equitable and have long lasting positive impacts on resources, communities and the state's best interests. All this at the same time respecting an individual right to try to develop and use their property in accordance with their goals. It's a difficult job but there is nothing to dislike about trying to be helpful and of service to your community. TC: Anything else you would like to discuss about your job? BH: Serving the public and playing a role in the future of our communities is a most rewarding experience. It is very important to try to do the job right!
BH: Our job as planners is to be consistent, fair, open minded and in
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2024Town & School Moderators Hybrid Workshops SB 2 Meeting
9:00 am - 1:30 pm Saturday, January 13
In-person: $70
25 Triangle Park Drive, Concord
Virtual: $55
Traditional Meeting 9:00 am - 1:30 pm Saturday, February 17
25 Triangle Park Drive, Concord
Agenda 9:00 am - The Fundamentals of Town and School District Meeting For SB 2 Municipalities A review of the law governing the annual meeting and the role of the moderator at town, village district and school district meetings. This presentation will cover permitted amendments to warrant articles, voting on warrant article amendments, along with addressing the operating budget warrant article and the role of the default budget. Attention will also be paid to essential statutes, postponement, electioneering, and related First Amendment and Right-to-Know Law issues. Stephen Buckley, NHMA Legal Services Counsel, William J. Phillips, NHSBA Staff Attorney & Director of Policy Services, and Jonathan Cowal, NHMA Municipal Services Counsel
10:30 am - Break 10:40 am –Tips and Tricks for Maintaining Order and Civility At a time when public meetings seem to be getting increasingly contentious and confrontational, maintaining order and civility is as important as ever. This section will cover the basics of respecting an individual’s 1st Amendment right to free speech, how to handle disruptive behavior, and explore some useful practices and procedures for maintaining civility in a public forum. Jonathan Cowal, Municipal Services Counsel, NH Municipal Association and William J. Phillips, Staff Attorney & Director of Policy Services, NH School Boards Association
11:20 am – Legislative Update: Legislation Passed in 2023 & Looking Forward to the 2024 Session An update on election law changes last legislative session and a look toward what is currently pending at the legislature. Natch Greyes, Government Affairs Counsel, NHMA
12:00 noon - Break 12:20 pm - Hypotheticals
Attendees will receive the 2024-2025 edition of the Town Meeting and School Meeting Handbook
Break-out sessions for review and answering hypothetical situations that moderators might face. 1:30 pm - Workshop ends Register online at www.nhmunicipal.org under CALENDAR OF EVENTS. Online pre-registration required one week prior to each date. Questions? Call 603.230.3350 or email NHMAregistrations@nhmunicipal.org 50
NEW HAMPSHIRE TOWN AND CITY
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— This Moment in NHMA History — 2005 – 19 years ago… Ashley Monier (now Ashley Methot) filled the position of Communications Secretary for the Local Government Center in August 2005. Ashley received her bachelor’s degree in Sociology from Keene State College. Ashely joined NHMA in 2014 and continues to serve members in her role as NHMA’s Event Coordinator today.
A total of 295 chapters were adopted in the 2005 legislative session from 961 bills filed. Among those passed were bills affecting revolving funds, liability protection for municipal public works and highway employees, groundwater withdrawals, school building aid, retirement and budget issues. Fifteen NHMA policy bills were introduced; five passed or were resolved favorably, nine were retained or rereferred, and one passed contrary to municipal interests.
?
?
NAME
THAT
TOWN OR
CITY
? ?
www.nhmunicipal.org
In 1769, the state of New Hampshire granted a charter to the new town, making it the 33rd town to be established in the state. The title is believed to have been derived from England, and was named in honor of Governor Benning Wentworth's daughter, Surry Tufton Mason. The first census taken, in 1790, reported 448 residents. The 2022 census estimates the current population at 854 residents. A waterfall locally known as 40 Foot Falls can be seen here. The town was also known as a stop for the Underground Railroad, a secret network helping slaves escape from slavery in the south. Charles Thompson, a farmer, was a known operator on the Underground Railroad, providing safe passage to those fleeing slavery. 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 NOVEMBER/DECEMBER ISSUE: The photo on page 46 in the last issue of New Hampshire Town and City magazine is that of the Town of Sullivan. Special thanks to: Marshall Buttrick (Greenfield); Lisa Perrault (Kingston); Debra Doda (Chester); Bruce Smith (Surry); Sandy Pierre (Marlow) and Sue Girouard (Hanover) all responded with the correct answer. JANUARY/FEBUARY 2024
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2024 Legislative Preview 12:00 noon – 1:00 pm Friday, January 5, 2024
Upcoming Webinars
As the New Hampshire General Court begins to wrestle with hundreds of bills of municipal interest, legislators need to hear from local officials. To help you connect better with legislators, this webinar will: •
Include a preview of legislation that has been filed for 2024
•
Outline the messages legislators need to hear from you
•
Recommend grassroots action to get the municipal voice heard
Join Government Affairs Counsel Natch Greyes and Government Finance Advisor Katherine Heck, for a look at what the 2024 legislative session has in store for cities and towns. Hot topics include housing, pension reform, municipal immunities, and elections.
NHMA will be hosting two complimentary webinars in January for members of the New Hampshire Municipal Association. Remember, it’s also a great time of year to ask to speak with your legislators before they get too busy later in the session. It’s important that they hear from local officials about the concerns of their municipalities and the issues important to their cities and towns. You can make a big difference by influencing legislative action that will have a direct impact on your city or town.
This webinar is open to NHMA member and is of interest to all municipal officials and employees.
Creating Inclusive Spaces and About the ADA/ABA Accessibility Guidelines for the Public Right-of-Way Webinar For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions?
Call 603.230.3350 or email NHMAregistrations@nhmunicipal.org.
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NEW HAMPSHIRE TOWN AND CITY
12:00 noon - 1:00 pm Wednesday, January 10, 2024 Accessibility is a rapidly growing topic on municipality agendas as technology and new ideas emerge. Moreover, there are new guidelines under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) that address access to sidewalks and streets, crosswalks, curb ramps, pedestrian signals, on-street parking, and other components of public right-of-way. Join Steven Mifsud, profoundly deaf since birth, as he explores how municipalities can innovate beyond the ADA to create inclusive spaces and details the new Public-Right-of-Way Accessibility Guidelines and what they mean to cities and towns.
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