New Hampshire Town and City Magazine, July-August 2021

July/August 2021

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Timber Harvesting and Local Government...................................................8 Keene’s Path to Community Power in New Hampshire...........................12 State House Report: It’s Down to the Wire................................................16 Planning a Municipal Multi-Purpose Athletic Complex...........................20 Four Considerations That Will Impact Your Next Infrastructure Project............................................................................... 24 How to Get Young People to Join a Board or Committee.......................30

We’re We’re committed committed staying totostaying connected. connected.

Our commitment to our Our commitment to our communities remains steadfast steadfast as wecommunities help build andremains rebuild the as we help andus.rebuild the transforming worldbuild around We’retransforming with you all the way.around us. world We’re with you all the way.

New Hampshire Public Deposit Investment Pool (NHPDIP or the Pool) has been providing New Hampshire public entities with professional investment services since 1993. The Pool is designed to meet the distinctive investment needs of cities, towns, school districts, and other political subdivisions, focusing on safety, liquidity, and a competitive yield.

TO LEARN MORE

Call Beth Galperin at 1.800.477.5258 or the Client Services Group at 1.844.464.7347 or visit www.nhpdip.com Thisinformation information is is for for institutional investor This investor use use only, only, not not for for further furtherdistribution distributiontotoretail retailinvestors, investors,and anddoes does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security.

Investors 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. should consider the Pool’s investment objectives, risks, and expenses beforeStatement, investing inwhich the Pool.

This and other information about the Pool is available in charges the Pool’s current Information This information is for institutional investor use only, not for further distribution to retail investors, should readinformation carefully before of theinPool’s Information may be obtained by and does This andbeother aboutinvesting. the Pool Aiscopy available the Pool’s currentStatement Information Statement, which not represent an offerortoissell or a solicitation of anwebsite offer to buy or sell any fund or the other security.

Investors calling 1-844-464-7347 available on the NHPDIP at www.nhpdip.com.

While Pool seeks should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by to maintain a stablethe netPool’s asset value of $1.00objectives, per share, itrisks, is possible to lose investing in the Pool. in the Pool. should consider investment charges andmoney expenses before investing calling 1-844-464-7347 or is onorthe NHPDIP website at WhileCorporation the Pool seeks An investment in information the Pool is available not insured guaranteed by theinFederal Deposit Insurance This and other about the Pool is available thewww.nhpdip.com.

Pool’s current Information Statement, which or any other government agency.

Shares of the areof PFM Inc.,Pool. to maintain stable net asset value of $1.00 per share, itdistributed is possible lose Fund moneyDistributors, investing inmay the should bearead carefully before investing.

APool copy the Pool’sbytoInformation Statement be obtained by member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection calling 1-844-464-7347 is available the NHPDIP www.nhpdip.com.

While the Pool seeks An investment in the Pool isornot insured or on guaranteed by thewebsite Federalat Deposit Insurance Corporation Corporation (SIPC) (www.sipc.org).

PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., in the Pool.

Management LLC. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection or any other government agency. Shares of the Pool are distributed by PFM Fund Distributors, Inc., Corporation (SIPC) (www.sipc.org).

PFM Fund Distributors, Inc. (www.finra.org) is a wholly ownedand subsidiary of PFM AssetProtection member Financial Industry Regulatory Authority (FINRA) Securities Investor Management CorporationLLC. (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset

Management LLC.

Contents Table of

Volume LXIV • Number 4

July/August 2021

3

A Message from NHMA’s Executive Director

5 Happenings 7 Upcoming Events 11 Why is This Man Smiling?

32 Up Close and Personal in the Field: Tavis Austin 33 Up Close and Personal in the Field: Ashlee Crosby 34 Tech Insights: Combating Evolving Threats: A Cybersecurity Framework for Towns and Cities 36 NHARPC Report: Regional Planning Commissions (RPCs) and Recreation Planning 40 Legal Q&A: Village Districts: A Commonly Misunderstood Municipal Entity 44

HR Report: Show Me the Money: Vaccination Incentive Policies

46 Court Update 47 This Moment in NHMA History 47 Name That City or Town

8 12 16 20 24 26 30

Timber Harvesting and Local Government Keene’s Path to Community Power in New Hampshire State House Report: It’s Down to the Wire Planning a Municipal Multi-Purpose Athletic Complex Four Considerations That Will Impact Your Next Infrastructure Project Are You Aware of the Low-Income Drought Assistance Program?

How to Get Young People to Join a Board or Committee

Cover: Farmington Town Hall photo by NHMA’s Timothy Fortier.

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

Margaret M.L. Byrnes Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes

Becky I. Benvenuti

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: nhmainfo@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association Phone: 800.852.3358 (members only) NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. Individual copies are $10.00 each. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301.

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2021 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

As of March, 2021

Shaun Mulholland -

Laura Buono - Chair Town Administrator, Hillsborough

Elizabeth Fox - Vice Chair Asst. City Manager, HR Director, Keene

Lisa Drabik - Treasurer Asst. Town Manager, Londonderry

City Manager, Lebanon

Immediate Past Chair

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Jeanie Forrester Selectman, Meredith

Stephen Fournier Town Manager, Newmarket

Bill Herman Town Administrator, Auburn

Neil Irvine Town Administrator, New Hampton

Pamela Laflamme Community Development Director, Berlin

Cheryl Lindner Chief of Staff, Nashua

Patrick Long Alderman, Manchester

Harold Lynde Selectman, Pelham

Jim Maggiore -

Judie Milner City Manager, Franklin

Donna Nashawaty Town Manager, Sunapee

2

Conner MacIver Town Administrator, Barrington

David Stack Town Manager, Bow

NEW HAMPSHIRE TOWN AND CITY

Immediate Past Vice Chair

Selectman, North Hampton

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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Executive Director Margaret M.L.Byrnes

O

ur unusual 2021 legislative session will come to an end very soon; in fact, by the time you are reading this issue of Town & City, the session will be over, and we are hopeful the state budget will have been adopted and signed by the governor.

From June 10 – 17, many bills will go to a Committee of Conference, including the state budget (HB 1) and the state budget trailer bill (HB 2). The official end date of the session this year is June 24.

The session has been unusual in a variety of ways—just like the past 15 months. Operating against the backdrop of a State of Emergency with fully virtual hearings, nonadherence to the traditional Tuesday-through-Thursday legislative hearing schedule (we hope Friday hearings will not be repeated next year!), House sessions held in a “sportsplex”, Senate sessions in the House, NHMA advocated for cities and towns—tracking, reporting We want want to to be part of your We your team. team. on, and/or testifying to more than 300 bills from our homes or the office. We muted and For contact: For personal attention contact: unmuted; learned which legislators had cats, kids, or dogs at home; and dressed profesRobert L. Vachon, CPA CPA Jarad Vartanian, sionally—from the waist up, at least. If you were following our Legislative Bulletin (please subscribe on our website to receive it electronically if you haven’t already!), you know that 608 Chestnut St. • Manchester, NH 03104 we often played defense this session, as a disturbing trend emerged, particularly among Phone: (603) 622-7070 House bills—a trend of anti-local government, with legislation seeking to curb local auFax: (603) 622-1452 thority or micromanage local operations, sometimes even to punish local officials. Many www.vachonclukay.com of our wins came in the forms of defeats, particularly the defeat of HB 111, which would have dismantled basic immunity protections for local government officials acting in good faith, and HB 307, which would have stripped municipalities of the fundamental authority to manage the use of town property by barring a municipality from prohibiting the use (e.g., discharge) of a firearm onAuditing municipal property.

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ure to fund 121 state aid grants (SAG) for crucial local water/wastewater infrastructure Contact us for: projects is a glaring omission from the budget, as of this writing—some positive progress of Financial emerged as well:Audits The current SenateStatements budget makes an immediate commitment to distribFinancial Statement Preparation ute 30% of the total Meals & Rentals tax to municipalities. Although this amendment to Accuracy Governmental Auditing Comprehensive Comprehensive Governmental Auditing Accounting Assistance HB 2 (the state budget trailer bill) changes the statutorily required distribution from 40% CommunicationServices and Accounting Staff Training to 30%, municipalities have not received 40% in decades. The legislature began reneging and Accounting Services Timeliness on its commitment to 40% back in theServices late 1970s with the first decrease to the distribuManagement Advisory Contact us for:to the 2020/21 state budget, where the municipal distribution was only tion. Fast forward Audits of Financial Statements Contact for: Street about 47usHall 22%, and the603-856-8005 so-called “catch up” formula, meant to catch the distribution up to Concord, New Hampshire Financial Statement Preparation Email: info@roberts-greene.com the original 40% over time, was suspended—as it was in nearly every budget since 2010.

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Accounting Assistance Roberts & Greene, PLLC Roberts & Greene, Communication Financial Statement Preparation Assuming therePLLC are no drastic changes made to legislation through the Committees of Staff Training Auditing omprehensive Governmental Auditing Accuracy Comprehensive Governmental Timeliness Conference, it looks like this session—with all its tough fights, controversial issues, and Accounting Assistance Management Advisory Services oberts & Greene, PLLC nd Accounting Services and Accounting Services Communication technical challenges—will be a hard-fought success, overall, for cities and towns. This is

Staff Training mprehensive Governmental due in major part to the efforts of local officials, including NHMA’s Board of Directors.

Timeliness 47 HallAuditing Street d Accounting Services Contact us for: Advisory Services Contact us for: Thank603-856-8005 youinfo@roberts-greene.com to our board and to all of you who assisted in these efforts in large and small Concord, NewManagement Hampshire Email:

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ways—by testifying, sending a letter or an email to a committee or a legislator, registering Audits of Financial Statements your positionStatement on the website, or Financial Preparation picking up the phone and talking Accounting Assistance Warmest regards, to Staff your Training representative or senator.

It Management is the collectiveAdvisory effort and supServices port that makes NHMA strong and able to advocate for and oth603-856-8005 erwise Email: support the 234 cities and info@roberts-greene.com Margaret M.L. Byrnes, towns in New Hampshire; thank NHMA Executive Director you for making us possible.

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SAVE THE DATE TUESDAY, SEPTEMBER 14 $70

2021 Budget & Finance Virtual Workshop 9:00 am—4:30 pm

Join us for a full-day virtual workshop which will address all aspects of the municipal budget process focusing on appropriations, including recent law changes, and other topics. Below is a tentative agenda:

Fundamentals of the Municipal Budget Process American Rescue Plan Act (ARPA) Update Other Forms of Spending Without Appropriation State Budget Update Attendees receive 2021 supplement to The Basic Law of Budgeting publication.

Additional materials such as the PowerPoint presentation and handouts will be distributed electronically.

Thank you to our sponsor!

Please visit www.nhmunicipal.org for the latest event information and registration details.

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NEW HAMPSHIRE TOWN AND CITY

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HAPPENINGS Wage & Salary Survey Needs Your Attention.

We Can Do Better!

Please Complete 2021 Wage Survey by June 30th!

NHMA coordinates this Wage Survey for the benefit of our member municipalities, but it is our members who must take the time to input their local wage data so that other members may benefit from this shared information.

The quality of the “output” is totally dependent on the “input,” so we strongly encourage all our members to participate in this Wage Survey. Members are also encouraged to update their information as changes occur during the year.

NHMA has simplified and streamlined the Wage Survey this year based on member feedback. We ask that you provide hourly or annualized wage data for the 153 elected and appointed positions we have identified in municipal government operations. We ask that you best fit your data into the 153 positions or roles provided even though certain positions may not be a perfect fit. For better organization, we recommend that you download the 153 positions in advance of sitting down to input into the Manage Wage Data portal contained in NHMA’s new website feature, the Member Account Administration area.

Thank you for your participation in this on-demand resource that provides information about the compensation of specific municipal positions in New Hampshire.

NHMA Offers Customized “On-Demand” Training Services for Only $350!

Thanks to COVID-19, we’re doing things a little differently with our “On-Demands” training. Instead of having a legal services attorney travel to your city or town, we’re now offering “On-Demands” as virtual presentations via the Teams or Zoom platform.

Attendees would log in to the training program from the comfort of their home or office and attend virtually, with the ability to ask live questions of the presenting attorney.

Please contact us at legalinquiries@nhmunicipal.org for more information!

NHMA will offer this alternative method of training on a date and time that would be suitable for your board and staff, and you could always invite surrounding member municipalities to participate and contribute to the total cost. The cost is only $350.00.

If interested, please Download Fillable PDF On-Demand Order form and follow instructions. www.nhmunicipal.org

Free. Free. Free.

A New Price for .gov .gov Domains Available at NO COST for Qualifying Government Organizations

Though .gov is like a gated community – a digital space that’s only available to genuine U.S.-based government organizations – government IT administrators have often found the higher price ($400) hard to justify to their management in the face of lower-cost alternatives, typically priced at less than $20 annually from other Top Level Domains (TLDs). This is felt most acutely by smaller municipalities and the election community.

Since most other TLDs do not restrict who can obtain domains, it can be hard to tell whether a non-. gov-using online service that purports to be from a government is genuine. That impacts the public, who may be susceptible to cybersecurity or other real-world harms related to impersonation attempts. Similarly, these attempts can be successful at impersonating government officials to other officials inside government.

There’s perhaps never been a more important time for the pub-

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WHO’S THINKING ABOUT CHRISTMAS IN JULY?

HAPPENINGS from page 5

Evergreen Farm Offers 30 Foot-tall Balsam Fir as Holiday Tree to Interested City or Town

lic to know where to get official government information online.

So, in order to remove unnecessary barriers and reduce the credibility of malicious impersonation attempts, .gov domains will now be available at no cost for qualifying organizations.

Evergreen Farm in Kingston, New Hampshire has been growing choose-and-cut Christmas Trees since 1985. This 30+ foot-tall Balsam Fir was never chosen as a Christmas Tree and is now much too tall for any residential application. It is time for this beautiful tree to make room for new trees in the plantation, so Evergreen Farm is offering to donate it to a New Hampshire city of town that can give it a good home this holiday season. The chosen municipality will be responsible for cutting the tree and removing it from the Farm.

If you’re a U.S.-based government organization, check out https://home.dotgov.gov/registration/ to begin the registration process for a .gov domain.

If interested, please give Glenn Coppelman of Evergreen Farm a call at 603.772.5355 (land), or 603.770.5355 (cell). Glenn can also be reached via email at gcoppelman@gmail.com.

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Toll Free: (800) 566‐0506 For inquiries please contact Christopher Boldt or Sharon Somers

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NEW HAMPSHIRE TOWN AND CITY

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Upcoming

Events

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

JULY Independence Day Holiday (NHMA Offices closed) Monday, July 5 NLC’s Race, Equity, and Leadership (REAL) New Hampshire Town Hall Discussion Tuesday, July 13 3:00 pm – 4:30 pm Webinar: Right-to-Know Law and Public Meetings Tuesday, July 20 12:00 pm – 1:00 pm Complimentary Webinar Webinar: Staying Out of the Headlines: Cybersecurity Must-Haves So Your City is Protected and Out of the News Tuesday, July 27 12:00 pm – 1:00 pm Complimentary Webinar Please visit NHMA’s website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

GoGreen!

Green!

Go Green!

Help Us Go Digital!

HelpGo Us Go Digital!

Go Green!

Help Us Go Digital!

Digital!

Help Us Go Currently our our bi-monthly magazine, New Hampshire Currently bi-monthly magazine, New Hampshire

Town and our City,bi-monthly is published as a member benefit and Currently magazine, New Hampshire Town and City, is magazine, published asHampshire a member benefit and Currently New distributed to bi-monthly approximately municipal officials Town and our City, is published as 2,300 a member benefit and Town and is published as2,300 a member benefit and distributed to approximately 2,300 municipal officials distributed toHampshire. approximately municipal officials across NewCity, distributed to approximately 2,300 municipal officials across New Hampshire. across New Hampshire. across New Hampshire.

We are pleased to continue to deliver the print edition to We are pleased to continue to deliver the print edition to digimember subscribers, however, should you find tothe We are pleased to continue to deliver the print edition We aresubscribers, pleased toandcontinue the print edition to member however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, noshould longeryou require print copy, tal version sufficient and no longer require a print copy, member subscribers, however, find the digital version sufficient andnhmainfo@nhmunicipal.org. no longer require a should print copy,you please let us knowatat please let us know nhmainfo@nhmunicipal.org. or byor by please let us know at nhmainfo@nhmunicipal.org. or by contacting TimFortier.

Fortier. tal version sufficient and no longer require a print copy, contacting Tim contacting Tim Fortier.

please let us know at nhmainfo@nhmunicipal.org. or by Thank you foryour yourconsideration consideration move to move a print Thank your consideration from a print Thank you you for for from afrom print contacting Tim Fortier. totomove edition to a digital version of Town and City magazine. edition digitalversion version of Town andmagazine.

City magazine. edition to to aa digital of Town and City

Help Us Out! Go Green with Town and City!

Help Us Out!Thank Go Green Green Town and City! you with for consideration Help Us Out! Go withyour Town and City! to move from a print magazine.

Contact TimothyFortier, Fortier,Communications Communications Coordinator, atat603.226.1305 oror at and Contact Timothy Coordinator, 603.226.1305 at edition to a digital version of Town Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or atCity tfortier@nhmunicipal.org tfortier@nhmunicipal.org

tfortier@nhmunicipal.org

Help Us Out! Go Green with Town and City!

Contact Timothy Fortier, Communications Coordinator, at 603.226.1305 or at tfortier@nhmunicipal.org www.nhmunicipal.org

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Timber Harvesting and Local Government

By Stephen C. Buckley, Esq., Legal Services Counsel

A

ccording to the University of New Hampshire Cooperative Extension, 84% of New Hampshire is forested, and of this forested acreage, 94% is classified as timberland. Timberland is defined as land that is producing or capable of producing crops of wood. Guide to New Hampshire Timber Harvesting Law. This article will provide a synopsis of the laws governing timber harvesting, with a particular focus on taxation, land use and local roads.

New Hampshire imposes a yield tax at the time timber is cut at the rate of 10% of the stumpage value. RSA 79:3. The collected yield tax is paid over by the tax collector to the municipal treasurer, and that revenue can then be appropriated for general use of the city or town. RSA 79:13. In 2019 the total yield tax collected by New Hampshire municipalities equaled $3,689,436.

• Form being improperly filled out RSA 79:10.

• Land is enrolled in the unproductive current use category that does not allow timber harvesting RSA 79-A:2, XIII & Cub 305.02,(b).

• A timber tax bond is required but has not been postedRSA 79:1, II, (a), (2), RSA 79:3-a & RSA 79:10-a.

• All owners of record have not signed the Intent to CutRSA 79:1, II & 79:10, I, (a).

Planning Boards Can Only Regulate Timber Operations

Local officials cannot refuse to sign a Notice of Intent to Cut because the owner needs to be issued a special permit to engage in forestry and tree farming within areas protected by a municipal wetlands conservation ordinance. In a Superior

Notice of Intent to Cut Required

The owner of the property where the timber cutting is be undertaken must file a form PA-7, Notice of Intent to Cut, with the proper assessing officials (select board or board of assessors) stating the owner’s name, residence and an estimate of the volume of each species to be cut. An intent received by municipality shall, within 15 days, be assigned a number as prescribed by the Department of Revenue Administration (DRA), and be signed by the assessing officials.

Instructions and forms can be obtained at the DRA website for Property-Timber.

Notwithstanding RSA 91-A, the assessing officials may sign the intent to cut outside a public meeting. When a notice is to be signed by the assessing officials outside a public meeting, public notice shall be posted by the municipality at least 24 hours, excluding Sundays and holidays, before it is signed.

The notice shall be posted in the 2 places where the municipality regularly posts notices of its governing body meetings.

Local officials may decline to sign an Intent to Cut for only the following reasons.

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NEW HAMPSHIRE TOWN AND CITY

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Court decision Nancy J. Bottom, Trustee v. Town of Hampton, Rockingham Superior Court, Case # 218-2014-CV00688 (August 12, 2014) the court ruled that RSA 674:1, VI deprived the planning board of the authority to enforce a requirement that a local permit be issued for timber harvesting activities in a wetlands conservation district.

Relying on both RSA 674:21, IV and RSA RSA 672:1, III-c, the court concluded that when the Legislature enacted SB 104 in 2011 it intended to remove regulation of timber harvesting from municipal control because forestry activity is already highly regulation at the state level. Under RSA 674:1, VI the planning board can only regulate timber harvesting operations where the proposed timber cutting is part of a subdivision or site plan application.

The environmental protection rules that do govern a timber harvesting operation are found in RSA chapter 227J. Under RSA 227-J:6 a timber harvest must comply with wetland protection statutes found in RSA chapter 482-A, and where required secure a permit from the Department of Environmental Services. RSA 227-J:7 provides that a timber harvest may also need to get an Alteration of Terrain Permit under RSA 485-A:17. However, a timber harvesting operation is granted a “permit by rule” if the harvesting is in accordance with procedures prescribed in the Best Management Practices for Erosion Control on Timber Harvesting Operations in New Hampshire, and provided the intent to cut form is signed.

of land. The higher the basal area, the denser the forest. The law says that no more than 50 percent of the basal area may be cut or otherwise felled each year, leaving a well distributed stand of healthy, growing trees, within 150 feet of: (1) Any great pond; (2) Any standing body of water 10 acres or more in area; (3) Any fourth order or higher stream; or (4) Any public highway, except class VI highways, as defined in RSA 229:5, VII; or

This law would help protect Class IV and Class V highways from excessive erosion due to a substantial removal of timber on abutting property but would not protect Class VI highways.

Temporary Driveway Permit May be Issued

Using the authority provided under RSA 236:13, municipalities can require a temporary driveway permit for a logging operation. That drive-

The basal area law, RSA 227-J:9, requires that forested buffers be left along town and state roads, streams, and bodies of water, following a timber harvest. Simply stated, basal area is a measure of tree density on each acre

www.nhmunicipal.org

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TIMBER from page 9 way permit could ensure safe sight distance and temporary signage warning of trucks entering and exiting. The permit could also require installation of an apron at the driveway to protect the adjacent road surface.

As a condition of issuing the driveway permit a bond may be required to ensure any damage to the adjacent road is repaired due to operations over a temporary driveway, or due to an operation being granted an exception to any applicable road weight limit, due to difficulty or hardship. The bond requirements must be equitably and reasonably applied to other bonded vehicles using the highway. The type

of commodity being transported “shall not” be the determining factor for requiring a bond or for the dollar amount of the bond. RSA 236:10.

The person or entity providing the bond shall determine the type of bond furnished, and it may be in the form of cash, letter of credit acceptable to the municipality, or a bond.

It is recommended municipalities provide notice to those who submit a Notice of Intent to Cut that where there is no existing driveway giving access to a Class IV or Class V, that a new driveway permit would be required, or, a modified driveway permit where the change in the use of the driveway for timber hauling necessitates a modification of the permit

conditions. Even if an existing driveway had not been permitted by the municipality, under RSA 236:13,VI the municipality can require driveway improvements to eliminate any potential threat to the integrity of the local highway that might be caused by a timber harvesting operation due to “siltation, flooding, erosion, frost action, vegetative growth, improper grade, or the failure of any culvert, traffic control device, drainage structure, or any other feature.”

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

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NEW HAMPSHIRE TOWN AND CITY

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Why is this man smiling?

Because he is retiring next year!

At the end of 2021 Cordell A. Johnston will step down as NHMA’s Government Affairs Council, after 17 years of noteworthy, exceptional service to this Association.

Cordell began his nearly two decade career with NHMA in January 1994. Cordell was a gift from the law firm, Orr and Reno, PA, based in Concord, in which Cordell worked as attorney and partner for 19 years. Cordell joined NHMA after a summer long motorcycle trip across America. Ask him about it. It still brings a big grin to his face.

Cordell is an excellent municipal attorney and a super-lobbyist. Cordell has strategically guided NHMA’s advocacy program through some of the most successful and productive legislative years in the Association’s 80-year history.

He was there, like a good legislative warrior, for all the difficult and cringe-worthy moments too.

A Princeton graduate, Cordell excels as a writer and grammarian. He has proven time and time again that the pen is mightier than the sword. His work with NHMA’s Legislative Bulletin made it a “must read” among legislators, members and the media. The Johnston Papers, a special subscription newsletter, is a humorous, cynical, if not frustrating, insider-view of Cordell trying to cope in today’s modern world.

Cordell is a musician, a pianist and lyricist. At NHMA’s annual conference, the room is always packed with members waiting for the “legislative song” that always seemed to capture the essence (mostly angst) of each legislative session in a fun, whimsically way. And his solo performance at this year’s virtual conference was priceless.

Cordell is undeniably one of the state’s leading legal and legislative expert on RSA 91-A, the Right-to-Know Law. He literally wrote the book on it (with others, of course), The Guide to Open Government: New Hampshire’s Right-toKnow Law. The 2021 edition will be released soon, so please ask him to autograph your copy today!

Cordell is charitable and giving. He has spent several of his summer vacations travelling to Laos and Nepal to help communities build schools.

Cordell is the son of a Pennsylvania mayor. Cordell is a New Hampshire municipal government guy too. Cordell has served on the planning board, select board, and currently serves as town moderator, in the only Henniker on earth.

He is a Renaissance man. Do you know he lives in a tiny house, one which he built himself?

Cordell’s legacy with NHMA is legendary. Much to the delight of legislators, there will not be another one like him. His devotion to NHMA and our membership has been the hallmark of Cordell’s time with us. During legislative sessions, Cordell always maintained a 24/7 approach to his work. He always placed the needs of our membership and the Association first. Cordell has served us well over his 17 years. He is leaving a legacy of devoted commitment to the legislative success of this Association and has set the bar high for those who will follow him.

SEND US YOUR STORIES! Cordell has brought many humorous memories to staff, directors, members, legislators (only those with a sense of humor), and many more. We are sure there are countless other stories worth sharing. If you have any stories of your own, we would love to hear from you! Send any photos, quips, memories, stories to: nhmainfo@nhmunicipal.org.

www.nhmunicipal.org

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Keene’s Path to Community Power in New Hampshire

By Emily Manns, Community Power Manager, Standard Power

C

ommunity Power, also known as municipal electricity aggregation, is an emerging opportunity for New Hampshire cities and towns to negotiate lower electricity rates and cleaner energy on behalf of their communities. Community Power offers an alternative to the utility default supply service, and is frequently undertaken to reduce electricity costs, offer a stable rate, provide a responsible alternative to third party supply options, and increase renewable energy in the electricity supply.

On May 6, the Keene City Council voted unanimously to adopt the first Community Power Plan in the state, a process that took only 11 months to complete. Keene was followed closely by the Town of Harrisville, which adopted a Community Power Plan at their Town Meeting on May 22.

In addition, several other communities in the state are currently at various stages in the process of developing a Community Power program.

In a Community Power program, a municipality pools the demand of its residents and small businesses, creating substantial buying power that it can leverage to purchase electricity at a competitive rate while meeting local goals, such as increasing local renewable energy, supporting energy efficiency, and/or providing greater price stability. Customers

are provided more supply choices in the program, but the utility continues to deliver the electricity, maintain the poles and wires, and handle all electricity billing. Only the supply rate on the customer bill changes.

Participation in the program is voluntary. All residents and businesses within a municipality are eligible to participate in the program, but have no obligation to do so. Before the program launches, customers on default supply with the utility are given the opportunity to opt out. Once the program is running, customers can change products and leave or join the program at any time, without fees or penalties.

Community Power is a form of municipal aggregation, with programs active in other states for years. The common thread among municipalities that run these programs is local control - over where the electricity comes from, how much the community pays for its electricity supply, and other terms such as the length of the supply contract and net metering incentives. These programs are popular and growing in communities with an interest in providing more renewable energy options, including cities like Keene with a goal to transition to 100% renewable energy.

Keene’s experience developing its Community Power program can provide a path for other communities to get started.

Keene first identified Community Power as a valuable opportunity in late 2019, shortly after it was enabled in New Hampshire by SB 286. The City had already adopted a goal to transition to 100% renewable electricity by 2030, and it was evaluating all options for implementation. After review, it became clear that offering a Community Power program was the single most impactful action to make progress community-wide.

Forming a Community Power Committee Keene City Manager Elizabeth Dragon and Bob Hayden, President of Standard Power, deliver the City of Keene Community Power Plan to the Public Utilities Commission on May 11, 2021. The plan was formally adopted by the City Council on May 6, 2021. Photo credit: Ryan Polson, Standard Power 12

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The first formal step in starting a Community Power program is for the City Council or Select Board to appoint a Community Power Committee (also sometimes called an electric aggregation committee.) Committee members can be an existing energy committee or a mix of business and www.nhmunicipal.org

residential constituents with an interest in energy issues. The Committee is responsible for developing and approving a Community Power plan, which it then presents to the City Council or Town meeting for adoption.

In Keene, the Mayor and City Council appointed an ad-hoc Community Power Committee (CPC) of six members, and had staff representation from the city’s Community Development department. The CPC first met in July of 2020 and quickly decided that it needed more information about Community Power and how it has been implemented in other communities. Municipalities often simply engage a trusted vendor for energy services, but given the lack of community power programs and service providers in New Hampshire at the time, Keene chose an RFP process to attract and select a Community Power consultant.

Engaging Experts

Community Power consultants can provide their expertise, staff time and services for no charge, amplifying the volunteer Community Power Committee’s capabilities.

Keene hired a full-service consulting team that would provide support through all stages of a Community Power program, from community outreach and developing a plan, to negotiating for electricity supply, and launching and maintaining a program.

This approach allowed the city to act quickly and without any upfront risk or costs. Keene’s process encouraged the partnership of two experienced energy consulting firms, Good Energy, with a track record of delivering municipal aggregation programs in New England, and Standard Power, with local New Hampshire municipal energy clients.

Keene signed a letter of engagement with its consulting team, which works at its own risk and is paid a fee emwww.nhmunicipal.org

Outreach materials are placed to encourage public input at every stage of the planning process. Source: Good Energy and Standard Power 2021.

bedded in the price of power, agreed upon at the outset. This arrangement has advantages for the community and is common in municipal aggregation programs around the country for municipalities of all sizes, and especially those with little or no dedicated resources or staff, because the community is never under any obligation to launch a Community Power program or continue with the consultants.

Gathering Input and Establishing Community Goals

A Community Power plan should always start with community goals, which can be gleaned from a master plan, an energy plan, public hearings, surveys, and community conversations. Public input on the plan is not only a requirement of the Community Power law (NH RSA 53-E), its also a best practice and a measure of a program’s success. Listening early to all community members is important to craft a plan that reflects the wants and needs of the entire community, and not just a portion of it. At a minimum, the law requires a CPC to hold public hearings on the plan.

Why is community input so important? In New Hampshire, electricity customers can return to the utility’s default supply at any time, whether

they are part of a Community Power program or getting their electricity supply from a third-party competitive supplier. A Community Power program’s success relies on high participation and the popularity of the program choices throughout the community.

Keene had recently completed an energy planning process, so the CPC started with a clearly defined overarching goal to achieve 100% renewable energy by 2030. Within this context, the CPC and City set out to gather community input for the design of the Community Power program.

The CPC, City staff and consulting team utilized a variety of outreach methods to reach different groups in the community over four months through March 2021. These methods included holding live information sessions (four total), conducting a survey (online and hard copies), doing radio interviews, sending out press releases, presenting to various community groups, and developing emails and social media content including two short educational videos.

The survey responses and information session comments highlighted a desire for the Community Power program to support local renewable energy genJ U LY / A U G U S T 2 0 2 1

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KEENE’S PATH from page 13 eration, equity, energy efficiency, job creation, and climate resilience and preparedness, and highlighted the need for program choices, to meet the goals of community members. Using this feedback, the consulting team developed a first draft of a Community Power plan, which then went through multiple rounds of edits based on comments from the CPC, City staff and additional public input.

Based on the draft and public input, Keene developed a plan based on five principles outlined in the vision statement.

These five principles translate into the following broad actions: • The default product will provide cleaner electricity while remaining cost competitive, and Keene will focus on sourcing the renewable electricity as close to the City as possible; • Optional products will be offered to provide more customer choices in addition to the default product, for those that want a choice of maximum cost savings and more renewable energy, up to 100% • The city is committed to on-going public engagement, to inform new offerings and innovations that support cleaner energy; • Keene will advocate for laws and regulation to expand opportunities for the program; and • Keene may participate in a buying group to encourage and collaborate with other cities and towns.

Approval and Adoption of the Plan

After the public hearings, the Community Power Committee votes to approve the plan. Once approved, the plan then goes to the governing body of the municipality for adoption.

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Like other New Hampshire cities, Keene’s governing body is City Council, allowing it to bring its approved plan to the governing body as soon as the plan was ready in May. Towns must look to their annual Town Meeting for final plan adoption. Either way, getting started with a Community Power Committee this summer or fall would put a community on pace to have a plan ready next spring and in time for Town Meeting, if applicable, and a program launch as early as late spring/summer 2022.

The Keene CPC held two public hearings prior to voting to approve its plan.

Once approved by the CPC, the plan was sent to the City Council, where it was formally adopted on May 6, 2021 by unanimous vote.

Next Steps and Regulatory Update

Following local approval, a Community Power plan goes to the Public Utilities Commission for approval, however the PUC is not yet ready to review Community Power plans.

First, HB 315 as amended needs to be signed into law, and then the PUC must finalize its rules for Community Power. HB 315 as amended has received significant input and support from a broad range of stakeholders including communities, utilities and the governor, so passage is anticipated.

HB 315 is also comprehensive, so the remaining rules required by the PUC are limited and known, for example rules governing the release of accountlevel data to the Community Power program. If HB 315 as amended becomes law, the PUC will have up to 60 days to review a plan for compliance with state law.

HB 315 and Community Power rules have a good chance of being in place by the end of this year or early 2022, and Keene will be ready to launch its Community Power program as soon as PUC rules allow it to do so, in late

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2021 or 2022. For towns with a town meeting, planning to vote on a Community Power plan in the spring of 2022 would be timely to launch a program in 2022 or early 2023.

First Steps with Consulting Team Standard Power & Good Energy

Communities have differing goals, and Community Power plans should be tailored to meet those goals. Consulting team Standard Power & Good Energy are a full service, experienced, customer focused community power consulting team. Standard Power serves over 65 towns and school districts in New Hampshire for their energy supply needs including renewable energy through group net metering and direct consulting services.

Good Energy provides community power services to hundreds of cities and towns looking for better choices, lower costs and clean energy solutions.

Together the team brings a wealth of experience to municipalities bringing Community Power to their communities, whether they are cities with 100% renewable electricity goals, tiny towns, and everything in between.

Good Energy and Standard Power are forming a May 2022 buying group of towns that want to follow Keene’s streamlined path to Community Power. Please call or email Emily Manns at (603) 831-3817 or e.manns@standardpower. com for more information on how your City or Town can join.

In addition to working with Standard Power and the consulting team, Emily Manns is the chair of the Peterborough Energy Committee and a leader in the corporate responsibility team of climate action group Mothers Out Front, working to bring accountability and transparency to the clean energy transition.

www.nhmunicipal.org

Non-Entitlement Units of Government (NEUs) Except for the 5 "metropolitan cities" in New Hampshire (Nashua, Manchester, Dover, Rochester & Portsmouth) all municipalities are NEUs under ARPA/Treasury guidance.

Guidance and information for the state to calculate the allocations to NEUs was released on May 24, 2021. More information will be forthcoming, but below are the relevant documents for NEUs to start reviewing and complying with now. Please note that although the original guidance required metropolitan cities to register on SAMs.gov, we have now learned NEUs must do so as well.

NEU Checklist for Requesting Initial Payment Guidance on Distribution of Funds to NEUs Aggregate Allocations to State for Distribution to NEUs NEU Definitional and Data Methodology NLC Fact Sheets & Tools How to spend SLFRF How to access your community's funds How to meet reporting requirements How states allocate funds to NEUs How to use SLFRF to ease budget shortfalls

GET UPDATED INFORMATION ON NHMAS’ ARPA WEBPAGE! NHMA is working closely with the National League of Cities (NLC) and our Congressional Delegation to bring our members the most up-to-date information on American Rescue Plan Act (ARPA) funds.

QUESTIONS? Please contact us at 603.224.7447 or governmentaffairs@nhmunicipal.org.

www.nhmunicipal.org

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State House Report Update on legislative issues affecting New Hampshire municipalities

By NHMA’s Government Affairs/Legislative Advocacy Team

Legislative Update: It’s Down to the Wire ICommittee hearings are finished for the year, and we’re still not sure what will be in the final budget. That’s not unexpected, but it’s also the source of some anxiety. The passage of the American Rescue Plan Act of 2021 (“ARPA”) caused state budget writers to reconsider budget priorities as federal dollars will be covering many of the same things that legislators had previously considered priorities. Undoubtedly, the next few months will be busy with final budget negotiations and municipalities starting to see a flow of federal (and hopefully significant state) dollars.

Although the budget is certainly the major focus for the year, there were a number of bills that caught our members’ attention this year. Some were good, some were bad, and many died. Let’s take a look.

The Good News

Adoption of SB 2. The House passed HB 374, relative to the process for adopting the SB 2 form of town meeting, by a margin of 200-175. This bill would have reinstated the process that was in effect before 2019, requiring the question of adopting SB 2 to be placed on the official ballot, rather than debated and voted on at the town meeting’s business session. Fortunately, the Senate voted Inexpedient to Legislate.

Amending petitioned articles. By a 12-vote margin, 193181, the House passed HB 67, which would prohibit the voters at a town meeting deliberative session in an official ballot referendum (SB 2) town from amending a petitioned 16

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warrant article “to change its specific intent.” In any other legislative body, once a question—whether a warrant article at town meeting or a bill in the legislature—is filed, the legislative body can amend it as it sees fit, so long as it does not change the subject matter. HB 67 would prohibit an amendment even if the petitioners themselves want to amend the article. Fortunately, the Senate realized this problem and voted HB 67 Inexpedient to Legislate.

Constitutional Tax Cap. The House failed to pass CACR 9, a constitutional amendment that would impose a two percent cap on all municipal property tax increases. (A constitutional amendment requires a three-fifths vote of the entire House membership to pass, which would be 239 votes in the affirmative. The vote did not come close, failing to gain even a simple majority, 175-193.)

City council powers. The House rejected the Municipal and County Government Committee’s Ought to Pass recommendation on HB 439, 185-192. This bill would have repealed the authority of city councils to adopt ordinances “for the well-being of the city,” an authority that they’ve had for over a century-and-a-half.

Collective Bargaining Negotiations. By a vote of 168-187, the House rejected a committee recommendation of Ought to Pass on HB 206, which would have required that collective bargaining negotiations occur at meetings open to the public. The bill was voted Inexpedient to Legislate by a majority of the House.

Immigration enforcement. On a voice vote and without discussion, the House tabled HB 266, which would have required municipalities to comply with federal immigration detainer requests, and would have prohibited the adoption of local policies discouraging the police from inquiring www.nhmunicipal.org

As with any good news, there’s always bad news. As of late May, we’re still fighting some battles (but those will likely be resolved by the time you read this).

asks for materials prepared by an attorney for his/her municipal or state client. We worked with a coalition of municipal attorneys to draft Amendment 1251s to HB 108. Getting that amendment passed and signed into law quickly became a major priority this session. We are still awaiting action on the Amendment by the legislature.

Attorney Client Privilege. Perhaps the biggest twist in this legislative session was the New Hampshire Supreme Court’s ruling in Hampstead School District v. School Administrative Unit No. 55, No. 2020-0268 (April 20, 2021). That case essentially eliminated attorney client privilege for the state and its subdivisions (school districts, municipalities, etc.) by interpreting the Right-to-Know Law (RSA chapter 91-A) as providing for a privacy balancing analysis where a requestor

Gunfire on Town-Owned Lands. On an almost straight party-line vote, the House passed HB 307, which requires municipalities to allow gun sales and the discharge of firearms, without limitation, on town-owned property. This bill would render cities and towns powerless to regulate gunfire in places such as town forests and cemeteries, and even on some municipal parking lots and airport runways. It would open conservation areas, such as watersheds for drinking water supplies,

about the immigration status of any individual.

Municipal liability and immunity. In a huge victory, the House overturned the Judiciary Committee’s 19-2 recommendation of Ought to Pass on HB 111, the bill dealing with state and municipal immunity. Despite that victory, an attempt was made to revitalize HB 111 through inclusion of its language in an amendment to SB 96. Fortunately, the House Judiciary Committee rejected the amendment on a 7-14 vote.

Non-Disparagement Clauses. HB 83, which prohibits non-disparagement clauses in settlement agreements involving a government entity, was passed by the House on the consent calendar. Fortunately, the Senate voted unanimously to kill HB 83 after receiving it.

www.nhmunicipal.org

The Bad News

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STATE HOUSE REPORT from page 17 to shooting ranges that would result in serious environmental contamination from lead bullets. It will likely be up to the Senate to stop this bill.

Remote Meetings. The House Judiciary Committee has systematically recommending killing every remote meeting bill that has appeared before it, despite the overwhelming support for continuing to allow remote meetings. For example, SB 95 was voted 24-0 for passage in the Senate. It would have enabled public bodies to continue to meet remotely until July 1, 2022, as they have done under Emergency Order #12 during the pandemic, while a legislative committee formulated recommendations for how and whether remote meeting options should continue into the future. In the House, 102 individuals signed in support and a dozen-or-so testified in support. Only 2 people signed opposed, and none testified. Yet, by a straight party-line vote, 11-10, the House Judiciary Committee last week approved an amendment to remove that enabling language because it is “too soon” to make such a drastic change to how meetings are conducted, and more study is needed before allowing

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such a change. This despite the fact that remote meetings had been permitted for fourteen months before the time of that vote and have been almost uniformly successful. We have yet to see what the full House will do.

Bills Awaiting Governor’s Signature Acquisition, sale, and demolition of municipal property.

HB 164 clarifies the authority of the governing body to demolish municipally owned buildings and requires review and recommendation by the heritage commission (if any) and the historic district commission (if the property is within a historic district), in addition to the planning board and the conservation commission, before the governing body may acquire or sell property under RSA 41:14-a or demolish or otherwise dispose of buildings.

health officer statutes. Among other things, it (1) eliminates the requirement that a health officer be a resident of the state; (2) allows greater information sharing between health officers and the Department of Health and Human Services (DHHS); (3) requires each local board of health to meet at least annually to review the state of local public health issues and provide information to DHHS on the readiness to address public health threats; and (4) requires every health officer to complete at least three hours of training within one year of appointment, to be provided at no cost by DHHS in collaboration with the New Hampshire Health Officers Association.

SUBSCRIBE

Notice of tax lien execution.

HB 126 gives a municipality 60 days from the date of execution of a tax lien to notify all persons holding mortgages on the property. Current law allows only 45 days.

Town health officers.

HB 79 makes numerous changes to the

NEW HAMPSHIRE TOWN AND CITY

To order New Hampshire Town and City magazine, call 800.852.3358, ext. 3339.

$25/members • $50/mon-members

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SAVE THESE DATES 80th Annual Conference and Exhibition

November 17-18, 2021 After over a year of virtual and remote meetings, municipal officials and exhibitors alike are anxious to network, learn, and meet face-to-face again! However, maintaining the health and wellbeing of our members and valued supporters is our top priority.

At this point in time, it is our intent to hold an in-person conference, hybrid-event, with possible modifications, over two days, Wednesday and Thursday, November 1718 at the DoubleTree by Hilton Manchester Downtown.

Since the current situation is still very fluid in terms of the pandemic, we are carefully watching the progression of the vaccine as we work through our planning efforts.

www.nhmunicipal.org

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Planning a Municipal Multi-Purpose Athletic Complex

By Peter Spanos, P.E. and Kathleen D. Hervol

E

xpanding or renovating an athletic complex is never easy. The decision to proceed is often determined by others—or from various sources—and your task may be to help make the project come together. Many of the decisions will involve a variety of stakeholders, some of whom will be inconvenienced by the work, some who will be very involved and passionate, and others who will be less involved than you would like them to be. Advocating for support and funding for a large project can seem like a daunting task, which is often complicated by many factors, such as assembling a team, planning and shifting events to other sites, and engineering and permitting.

This article outlines a general guide to the steps and costs necessary to construct a new municipal-level, multipurpose field. Since a multipurpose field tends to attract large crowds, the project typically includes bleachers, a press box, athletic lighting, restrooms, concessions, storage, and adequate parking. How well these elements come together in the final design will have a major impact on the success of the facility. These athletic venues are often some of the most visible facilities in a city or town, and it’s important to get it right.

Ideally, a multi-purpose field is sized so that as many sports as possible can be played on it. In the United States, this means the length of the field is dictated by American football (360 feet plus safety run-outs) and the width by soccer

and girls’ lacrosse (high school level: 210 feet plus safety run-outs.) This size allows regulation football, boys’ and girls’ soccer and lacrosse, and field hockey.

Another consideration early in the process is the surface of the field. Many communities have at least one synthetic turf field. Synthetic turf is popular because it can withstand being used seven days a week with minimal maintenance.

Typically, municipal-level natural fields can only be used for around 200 events per year due to maintenance budgets and staff limitations. In contrast, a lighted synthetic turf field can have as many as 720 uses per year. This equates to a much greater “cost-per-use” for natural turf because of the restricted nature of use on a natural-grass field. This costper-use needs to be considered with regard to the field as well as the related infrastructure cost of bleachers, lights, parking, etc.

Preliminary Planning—Assembling a Team

The first task is to assemble a project team or steering group that consists of applicable staff, as well as active members of the community. Municipal staff should include representatives from finance, the athletic director, and maintenance/ facilities staff. Finance staff will manage procurement issues, while the athletic director and maintenance representatives will operate the finished project.

Representatives from the community (e.g., athletic boosters, concerned coaches) can be your greatest advocates for a project, and their presence will reinforce the perception that the project is a needed community improvement. The more active this core group is involved in advocating publicly for the project and seeking consensus from community factions that may be opposed to the project, the better. A good team will be dedicated and educated on the topics. It should also be proactive and able to make decisions quickly.

The next step is to hire experienced consultants to assist with the design and permitting of the project. The main design consultant will typically be an engineering, landscape architectural, or architectural consulting firm. Depending on the scope of the project and local permitting requirements, a

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www.nhmunicipal.org

room building) can range from $5,000 to $30,000. The more meetings and “deliverable” products required from the consultant, the greater the cost will be. This fee can double if a concessions/restroom building is involved since many more decisions will be required to establish the degree of finish for a building and resulting changes to proposed mechanical, plumbing, and structural components.

myriad of engineers, wetlands consultants, geotechnical engineers, permitting consultants, materials testing labs, fundraisers, etc. In the construction industry, the fees to pay these consultants are referred to as “soft costs.”

These costs typically account for about 10% of total construction costs for the project.

Preliminary Planning— Master Planning or Feasibility Design Phase

It is important to bring the lead design consultant on board early in the process to assist the team with establishing the project scope and budget in detail.

Ideally, the lead consultant will have extensive experience in designing all the project components and be familiar with how they impact each other.

For example, the size of the bleachers may dictate the need for restroom facilities per plumbing codes, or the amount of adjacent parking per zoning codes. During this phase of design, the consultant should identify the unique aspects of the project site that will affect the cost, as well as the aspects of the permitting process that will affect the design and the schedule. Each municipality, county, or state has its own www.nhmunicipal.org

set of permitting requirements. For some projects, obtaining permits can take more time than the actual design and construction combined.

During the Feasibility Phase, the consultant should also be able to provide advice on bidding, funding, and grants. The consultant can also assist with phasing the project should all the funds not be readily available, or if other critical athletic programs will be impacted during construction. Design fees for this initial phase should not be based on construction cost since the intent of this phase is to define those costs. The key deliverables at the end of this phase should include a firm project budget, a colored illustration for marketing purposes, and a realistic schedule that includes time for permitting.

Further, designers should partner with the development team to position the project for success and approval of later (more significant) design phases. Due to this partnering aspect, this early phase of design is usually relatively inexpensive. In New England, the cost for this phase (for a municipal athletic complex without a concessions/rest-

At the end of this initial phase, booster groups within the community will often try to raise funds for the project.

In the past, the budget of almost every municipal project was formed from municipal budgets or bonding. Due to today’s tighter municipal budgets, few athletic projects proceed without a significant number of private funds or state grants that have been raised by a committed core group of volunteers.

Maintenance Planning

It is crucial to consider maintenance of the proposed facility early in the planning process. The team needs to determine the current maintenance versus the maintenance the new facility will need since materials and design choices will be factored in for the new project. For example, many municipalities desire a sand-based natural-turf field until they are confronted with the costs involved with properly maintaining that surface.

A typical municipal natural-turf field on the East Coast costs around $27,000 per year to maintain. This includes seasonal mowing, fertilization, field striping, irrigation, pH adjustments, spring opening, fall clean-up, etc. For a high-end sand-based field, a native topsoil field that is used more than 200 times per year, that number can more than double. For a permanently striped, synthetic-turf field with standard SBR infill, that figure is around $7,000 per year regardless of how often it’s used. Cost may vary for J U LY / A U G U S T 2 0 2 1

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PLANNING from page 21 some of the newer alternative infills.

In addition, clean-up costs should also be factored into the equation (depending on how often the field is used).

Design Phases

Once the scope of the project has been established, the design and engineering can begin. A site survey and geotechnical testing—if not already completed during the site feasibility—are two preliminary parts that allow a detailed design to proceed. This includes field layout, field drainage, structural design, materials selection, bleacher size and materials, press-box size and construction, electrical layout, athletic lighting, turf selection, irrigation design, communications conduits, fencing, ticketing provisions, security, concessions/ restroom building design and permit

applications. These will have to be designed, engineered, coordinated, and documented to allow contractors to accurately bid on the work. Common milestones of the design phase include schematic design, design development, permitting documents, and contract (aka bid) documents.

• The end goals of this phase are twofold: • To obtain necessary planning-level permits To produce a quality set of construction plans and specifications suitable for public bidding.

Oftentimes, this phase occurs concurrently with fundraising for construction. This phase will involve the majority of the group’s time in coordinating and refining what the scope of the project will be (e.g., the possible

inclusion of a $25,000 logo in center field), and working with the engineer or architect to reconcile the finish of the project (e.g., gold-plated faucets or stainless steel) within the established budget. The team should also be involved at this stage to assist with permitting the project and working with the designer to coordinate strategy, timing, and community input.

Schedule

The schedule is typically affected by climate, permitting, existing functions at the fields, and the time needed to design and construct the field. Most projects will take a full year between hiring a consultant and cutting the ribbon, and may take even longer if funds need to be raised or if the permitting process is especially difficult.

Land-use permits should also be considered in scheduling. They typically take around 90 days, but may take

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up to a year in some locations. Also, projects on undeveloped land can take longer than projects on developed sites.

120 to 160 days. For an artificial-turf field with bleachers and lights, construction will typically take 100 days.

Projects of this type are often developed on school property and need to be built during the summer months to avoid disrupting the school and athletic programs. This will directly affect cost. Should you have the option to build in the spring or fall, significant savings can be realized, as athletic contractors want to keep busy during these typically slow periods. Track surfacing, turf adhesives, and paving work are all temperature- and weather-dependent, and proper scheduling of these tasks is also necessary.

Construction Costs

Synthetic turf allows athletes to play on the field immediately upon completion. In the Northeast, municipalities need to allow up to three growing seasons for natural turf to be established enough to play on (grass goes dormant in the summer and winter, so these are not considered growing seasons). If three seasons are unreasonable for your community, sodded natural turf is another option. It is preferable to let a sodded field root for at least one growing season before playing on it, but some owners choose to play on sodded fields within a month of being installed. For a project involving the development of a game field with a running track, bleachers, lights and turf, a typical construction period is

www.nhmunicipal.org

Each project is unique, and construction costs can vary widely depending on the schedule (the faster the completion, the more costly), time of year, existing site, scope of work, quality of materials used, and type and complexity of construction. Another significant cost factor involves public bidding laws. In several New England states, contractors are required to pay “prevailing wages” on public projects, which can significantly increase costs when compared to similar privately funded projects. Prevailing wage requirements are set by individual states, counties, or regions, and can vary widely. Some states do not have any prevailing wage requirements.

For budgeting purposes during the design phases of a project, architects and engineers typically carry an additional 10-15 percent of “contingency” costs. These costs provide a buffer should something be discovered during construction or the late phases of design that would increase costs significantly. Including these contingencies in the budget can help avoid delays in the project while extra funds are found. Cities and towns eliminate contingency funds from their planning at their own peril.

New construction usually involves the leveling of the property, installation of drainage, new infrastructure, roads, and parking. The cost for this work is difficult to gauge without a thorough understanding of the property and what is available nearby. However, reconstruction of an existing facility that already has most of the infrastructure, and is already leveled and drained, is easier to estimate.

We hope you find that this article provides a general guideline for successfully completing your project. As in any great endeavor, strive to remain optimistic, and prepare for the worst.

Peter Spanos, PE, CFM, LEED® AP CFM is a Project Engineer in the Civil Engineering Group at Gale. He is responsible for project engineering related to site design and permitting. Peter can be reached via email at ps@gainc.com or by phone at 407.599.7031.

Kathleen D. Hervol is a Project Manager in the Civil Engineering Group at Gale. She has over 30 years’ experience in civil site design, permitting and construction. Ms. Hervol is responsible for project management and project engineering related to site design and permitting. Kathleen can be reached via email at kdh@gainc.com or by phone at 781.335.6465.

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Four Considerations That Will Impact Your Next Infrastructure Project

By Jesele Zurell, Marketing Manager, The H.L. Turner Group

W

hen Kyle Fox, Public Works Director for the Town of Merrimack, sought to address damage from the 2007 Mother’s Day flood, he understood at its onset that this would be a complex job and approached Quantum Construction Consultants, LLC (QCC), a civil and structural engineering firm based in Concord, NH, about the Town’s options.

“The Bedford Road bridge replacement project presented unique challenges, the foremost of which was that the bridge was located in an oxbow causing the brook to be in close proximity on both sides of the bridge approach,” says Fox. “Water had completely overtopped the road, and pavement had broken off into the water,” says Christian Rainey, EIT, senior project engineer. “The guardrail and everything around it was gone.”

QCC performed a study of the road in 2014 and found that 6,300 vehicles crossed the Bedford Road bridge per day; that number is expected to be closer to 7,500 now. Following ad-

ditional studies of the existing conditions and surrounding terrain, the team broke ground on the project in fall 2019 and completed it one year later.

This process was far from a simple repair and demanded much collaboration in and around the Town. Dozens of public meetings with various local, state, and federal stakeholders were necessary to keep the project moving forward.

With the new, 90-foot-span bridge in place and traffic running over it safely and smoothly, QCC and the Town of Merrimack offer these four often-overlooked considerations to municipalities that are preparing to undertake bridge projects.

One: For every bridge that gets removed from the NHDOT Red List, there are at least three bridges added onto it.

“The funding for infrastructure in New Hampshire is no different than it is in the rest of the country and is nowhere near what’s needed compared to the demand, particularly for the municipally-managed program,” says Rick Wolf, Jr., President of QCC. “Because it’s a state process, timelines may be a little more drawn out.”

Bridges are put on the Red List when they begin to show signs that indicate the bridge has about five years left until the existing conditions are going to fail, but some bridges remain on the list for ten to 15 years, so it’s important to plan as far ahead as possible and enlist the help of experts to determine the best strategies, both structurally and financially.

Two: Bridges being considered for rehabilitation right now may not be federally or state funded until 2031, so consider grassroots options if possible.

Bedford Road Bridge BEFORE.

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NEW HAMPSHIRE TOWN AND CITY

“The Bedford Road bridge was in the NHDOT program for a long time,” says Wolf. In this case, the town got together to rebuild the road on their own because they couldn’t wait any longer, due to the volume of traffic on that road.” www.nhmunicipal.org

Three: Location plays an important role in surprising ways.

QCC also performed a hydraulic study to determine what the bridge opening needed to be for the different types of structures, then completed a cost estimate. QCC also reviewed options with numerous regulating agencies and coordinated with the NHDOT to advance the scheduling of repairs.

This empowered the Town to pursue the most efficient, economical structure on its own.

“Old bridges tend to be made at the low points of roads, which isn’t ideal,” says Rainey. “This bridge was at the low point of the road, but we were able to pick it up at the waterway opening by nearly five feet, which also meant extending the bridge length dramatically.”

Not only was the Bedford Road bridge physically low-set‒it’s also located within an oxbow, with a brook running parallel to both sides of the road, wider than the road itself. Eliminating the roadway overtopping issue was both a function of increasing the waterway opening of the structure and determining the flood level so as to properly elevate the road. When QCC performed its studies and calculations, it was clear that the roadway had to be raised.

explains Wolf. “With that in mind, we included wide shoulders for cyclists in the area, and sidewalks, which are well-loved features especially because now, more than ever, people are trying to exercise outdoors.”

The team also worked with the New Hampshire Division of Historical Resources to request an interpretive sign panel which would commemorate the original structure. The panel is installed on the sidewalk side of the bridge and adds historical context to the structure that was not previously emphasized to the community. In the end, a project that began as an emergency situation became an innovative, forward-thinking feature in the Merrimack community.

“People probably have no idea how many bridges they drive over each day‒until one of them closes and

there’s a 20- or 15-mile detour,” says Wolf. “The best bridges are the ones you drive over without even knowing they’re there, and this bridge is a perfect example of that.”

If you think of infrastructure as connective tissue, every municipality needs a primary care provider devoted to keeping its arteries in optimal working order and maintaining an approachable bedside manner. For the Town of Merrimack, Quantum Construction Consultants, LLC is that team.

Jesele Zurell is marketing manager with The H.L. Turner Group, Inc., a professional team of architects, engineers, and building scientists serving business, industry, and government. Jes can be reached via email at jzurell@hlturner. com or by phone at 603.228.1122 x 150.

Four: Check for opportunities to make the most of the situation.

In the case of Bedford Road, the team didn’t address the bridge as an isolated consideration; the road on either side of it and the history behind the bridge were also factors in the project plan. QCC incorporated a number of improvements for the whole town to enjoy.

“Future grants may allow for more connectivity throughout the town,” www.nhmunicipal.org

Bedford Road Bridge AFTER

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Are You Aware of the Low-Income Drought Assistance Program?

By Erin Holmes, Drinking Water and Groundwater Trust Fund Administrator, NHDES

A

re you aware of the Low-Income Drought Assistance Program (DAP) created by the New Hampshire Department of Environmental Services (NHDES) to assist eligible low-income homeowners with their need for an immediate reliable water supply and to improve the resiliency of their drinking water against future threats of drought? The program provides financial assistance to meet these residents’ essential needs, keep them in their homes and reduce stress on local financial aid programs.

The program was created in response to drought conditions that emerged in New Hampshire at the end of June 2020 and persisted through the summer and fall, leaving some residents relying on private wells with little to no water.

With significant impacts across industries, communities and agriculture, drought has a detrimental impact on lowincome families on private, shallow drinking water supply wells, eliminating the primary source of drinking and household water for many of the State’s most vulnerable citizens.

Throughout summer 2020, the State was receiving reports of residential wells going dry and wait times of weeks to months for well drilling services.

While there are various resources available to assist water utilities with building drought resiliency and addressing water supply emergencies, historically, the state has not had a funding source to help those on private residential wells experiencing water supply shortages during a drought. Further, low-income homeowners who do not have the financial resources to have a well deepened or replaced have been left to make do, relying on a neighbor’s garden hose or a

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local emergency water access location to meet basic potable water needs. Fortunately, 2020 afforded a silver lining when a newly established fund was tapped to provide assistance to these homeowners.

In early October 2020, recognizing the impact the drought was having on New Hampshire residents across the state, Governor Sununu announced his intention to provide emergency relief to the State’s most vulnerable citizens suffering from the effects of the drought. NHDES sought emergency funds from the State’s Drinking Water and Groundwater Trust Fund (Trust Fund) and was approved for $1.5 million on October 15, 2020.

The Trust Fund was established under RSA 485-F with funds received from a jury verdict in a trial with ExxonMobil Corp. as part of a 10-year lawsuit seeking damages for the statewide problem of methyl-tertiary butyl ether (MtBE) contamination of the state’s groundwater resources.

The Trust Fund is intended to provide for the protection, preservation and enhancement of the drinking water and groundwater resources of the state. As part of the establishment of the Trust Fund, the legislature formed the Drinking Water and Groundwater Advisory Commission (Commission). The 19-member Commission is comprised of members of the State Senate and House of Representatives, representatives from five state agencies, municipal officials, and members of the public and chaired by Senator Chuck Morse (R-Salem).

The DAP is for low-income homeowners experiencing

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NEW HAMPSHIRE TOWN AND CITY

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terminated if an application is not received within a reasonable timeframe.

To date, NHDES has received over 97 applications from as far north as Milan and as far south as Nashua.

Over 85% of the approved projects have been for the replacement of dug wells with drilled wells, which are considered much more resilient to drought impacts. Eligible project costs are approved through the application process and include water quality testing following the well improvements.

Currently, the DAP has two levels of financial assistance:

State Map of the Loan and Grant Awards from the Drinking Water and Groundwater Trust Fund, 2017-2020

drought-related loss of a safe, reliable source of drinking water at their primary residence. This program also provides short-term relief with the provision of bottled water and financial assistance for activities associated with improving or replacing the homeowner’s well or connecting the residence to an available community water supply. Eligibility is determined through a two-part application. The level of financial assistance is based on the total household income and qualified homeowners are eligible to receive www.nhmunicipal.org

bottled water for essential household functions such as drinking and cooking until the well improvement/replacement project is completed.

Residents who are affected by the drought in immediate need of bottled water may complete the survey linked here (https://www.surveymonkey.com/r/ wellwaterhelp) where they will be asked to self-screen their household income. However, an eligibility application is required to continue receiving bottled water aid and aid may be

• Tier 1 provides financial assistance for the total cost of the well improvement or replacement project, less a $250 deductible for qualifying households with a total household income at or below $37,028.50 [50% of the statewide average median household income (MHI) based on the 2014-2018 American Community Survey 5-year Estimates].

• Tier 2 provides financial assistance as a 50% cost share for qualifying households in which the total household income is over $37,028.50 and at or below 80% of the MHI for their area based on the U.S. Department of Housing and Urban Development (HUD) income criterion with some modifications. The application includes a table summarizing the Tier 2 income criteria.

DAP Application Process

The application consists of two parts that must be completed by the applicant and signed where required. Part I is to determine the homeowner’s eligibility and level of financial assistance.

The applicant is required to submit proof of income to determine eligibility and the amount of financial assistance available to them.

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DAP from page 27 Part 2 is completed by a licensed well driller or pump installer contractor who evaluates and assesses the impact of the drought on the condition of the well and provides a work scope and estimate for remediation of the drought impact. If the contractor does not conclude that the well has been impacted by drought circumstances, the application is not eligible.

The program is retroactive to June 23, 2020, when southeastern New Hampshire had a D1 Moderate Drought designation and paid receipts of work completed are eligible to be submitted for reimbursement for qualifying applicants.

only accepted by mail or dropped off in person at an external drop box located at NHDES. Please address the submittals to: Attn: Paige Relf NHDES – MtBE/TF 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Once both parts of the application are received, a determination is made on eligibility and applicants, along with the contractor, are notified. The turnaround time for an application review is currently less than one week.

More Information

For more information regarding the Drinking Water and Groundwater Trust Fund or the Low-Income Drought Assistance Program, please reach out to Erin Holmes, the Drinking Water and Groundwater Trust Fund Administrator, at (603) 8484259 or erin.l.holmes@des.nh.gov.

For assistance with the application process and temporary provision of bottled water, please contact Paige Relf at (603) 271-1355 or paige.n.relf@des. nh.gov or the NHDES DAP staff at the following email address: droughtwellinfo@des.nh.gov.

Additional information on the DAP initiative and the program applications can be found on the Drinking Water and Groundwater Trust Fund website.

To keep personal financial information secure and private, all applications and supporting documents are

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NEW HAMPSHIRE TOWN AND CITY

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Access to Employment Law Attorneys

at NO COST! Drummond Woodsum labor law attorneys are available to provide legal advice on matters including Title VII, Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, employee discipline, sexual harassment, wrongful termination and age, sex and race-based discrimination.

What Can You Expect?

Drummond Woodsum attorneys will be available to answer employment-related questions --before you act -- and will make every effort to have every call responded to within 24 hours by an employment lawyer. The Hotline attorneys will let you know if you are facing a potential liability and how to best proceed. Drummond Woodsum

will keep confidential any information which it receives relative to the employment matter.

Who Can Call the Hotline?

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

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

Got an employment issue?

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

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29

How to Get Young People to Join a Board or Committee

By Sarah Wrightsman

T

here are a lot of reasons why young people don’t join town boards or committees or run for local office. Young people are often raising children and/ or working full-time, and board and committee meetings typically take place either in the evening (which is not family-friendly) or during the workday. As a result, it isn’t uncommon that a town’s leadership are primarily retired empty nesters. Representation is important, so I, a bona fide young person, joined my town’s planning board as an alternate member back in April 2019.

For me, the process began with a conversation with the Town Planner. Then, before I could submit my application for the Town Council to consider, I was required to meet with the Planning Board Chair or Vice Chair and sit in on a Planning Board meeting. After I submitted my application, the Town Council voted at their next meeting. Ta-da! I was now a member of my town’s planning board! This process varies from one community to the next and in some New Hampshire municipalities, planning board is an elected position. Have a conversation with the Town Administrator or City Manager and not only will they help you with the process, but they’ll also help you decide which committee or board is the best fit (spoiler alert: it doesn’t have to be

the planning board). I promise, they will be excited to hear from you.

Advice for Municipalities Ask them. If they say no, ask them again.

I’ll admit, I said no at first. Actually, I said no the second time too. My planning board meetings are on Wednesday evenings, which happens to be when my ultimate frisbee league holds games. I finally caved once I was given permission to skip meetings during the summer. (This is also why I am an alternate member.)

Once they get there, be welcoming.

Sometimes I get the impression that older people are apprehensive about talking to me because they don’t know what to say and that is OK. Young people talk about the weather and baseball and the other classic conversation starters. In general, we could all do a better job talking with each other anyway, right?

Ensure they are included and please listen to them.

This wasn’t during a planning board meeting but is still a story worth sharing. In a conversation about “what young people want” I was having a hard time getting a word into the conversation. That is until someone interrupted the conversation and said, “we have a young person here, let’s ask her!” I guarantee leadership in your town or city is talking about “what young people want”. If you aren’t in the room, who knows what’s being said?

Advice for Young People

Durham Town Hall: Where the magic happens!

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NEW HAMPSHIRE TOWN AND CITY

Just do it.

That isn’t really advice, is it? I have interviewed young people across the state for the “Meet Local Leader” series on the Stay Work Play blog and every single one www.nhmunicipal.org

of them has said something along the lines of just do it, so just do it already! If you won’t listen to me, maybe you’ll listen to Kelly Boyer, who served on the Goffstown Board of Selectmen, or George Hansel, who served on the Keene City Council and is now Keene’s Mayor, or Rebecca Perkins Kwoka, who served on the Portsmouth City Council and is now state senator from District 21. When asked what advice they would give to another young person in New Hampshire about getting involved in local politics, where’s what they said: Run! I often hear people say that they don’t think they’re qualified but the reality is that if you’re willing to show up and do the work, I want to work with you.

Patience is always valuable in politics, waiting in line isn’t. Young people should dive right in.

Sarah Wrightsman was born and raised in Nottingham and is a lifelong resident of NH’s Seacoast region. By day, Sarah serves as the Executive Director of the Workforce Housing Coalition of the Greater Seacoast and the Housing Planner for the Regional Economic Development Center. By night, Sarah is the co-host of Creative Guts, a podcast focused on the pursuit of creativity.

Go for it! All of those doubts and fears that you have when you are thinking about this idea will resolve themselves.

Rebecca goes on to add that no one expects you to know every issue you will vote on before you enter office, and she is right. The people representing you on the various boards and committees aren’t experts on everything. Most have a passion for a specific issue or topic and have picked up bits and pieces about everything else over time. There are also training opportunities available through the Office of Strategic Initiatives and the NH Municipal Association.

Reprinted with permission by Stay Work Play New Hampshire, a nonprofit established in 2009 to advance efforts to recruit and retain a young workforce in New Hampshire. Originally posted on stayworkplay.org on August 22, 2019.

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31

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New

Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Tavis Austin, Director of Planning and Development with the Town of Wolfeboro.

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

TA: The duties of the Director of Planning and Development include those one would assume as ‘town planner,’ but as I quickly learned with Wolfeboro ‘If ya’ ain’t never seen it before, come to Wolfeboro...we’ve got at least one!” The tremendous history of Wolfeboro from land use, citizenry, and political climates over time, have created a fantastic study of ‘how did we get here, and how do we move forward?” So the duties and responsibilities are largely comprised of various committees and subgroups working to learn and adapt to our collectively-charted future.

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

TA: Perhaps one of the clearest challenges facing the position—and the Town as a whole—is balancing the desire for change with the reality of change occurring. Many express a desire to move forward and update the Town whilst conversely there are tremendous pressures to keep it the way it’s ‘always been.’

Tavis J. Austin, AICP

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

TA: NHMA has always proven to be a reliable source of information and suggested guidance for facilitating the needs and demands of those communities I’ve worked for. Where political winds ebb and flow, the consistency and dependability of NHMA’s guidance has held firm.

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

TA: Experience has shown two distinct ‘realities’ of this role. Commonly the public decries “You plan things?? What does that mean?” the other is more generally the catch all for difficult situations facing a community—from flooding basements to Master Plan RFPs. Of course the actual answer is somewhere in the middle—it always is. There is the Master Plan, the Boards, Committees and Commissions, and then there is the public who often find it reassuring to know that ‘their Planner’ is adeptly intertwined in amongst all the moving pieces.

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

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

32

TC: Has your public position changed you personally?

TA: I don’t believe this has occurred to me, however, I firmly believe that one could be. Being personable and approaching each process or situation anew can help avoid the dangers of content fog. Remember to not personalize criticism or conflicting opinions.

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

TA: Many wish to have all of the rules possible, unless they are to pertain to them directly.

NIMBY-isms take many forms and, of course, that’s often human nature. My preference is to accept the NIMBY precept as a lack of information or understanding and strive to educate and be educated before regulating.

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

TA: A lesson learned from one previous employer is the notion of “semper Gumby…roll with those punches.” While humorous, it aptly describes the need to be flexible without breaking. The law is the law, but it can be adaptive and it takes an open mind to find solutions rather than using it only as a tool to create problems.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Ashlee Crosby, formerly Assistant Town Clerk and now the Recreation Director with the Town of Swanzey.

TC: What are your duties and responsibilities as Director of Recreation?

AC: I was hired at the Deputy Town Clerk in 2019, then moved into the Recreation Director position in 2020, when I was brought back in the end of 2020 as the Assistant Town Clerk to assist with training the new Deputy Town Clerk and assist with elections. As a Town Clerk we had all motorized vehicle and trailer registration, election processes and vital records.

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

AC: My biggest challenge as the Assistant Town Clerk, has been breaking down processes to pass my knowledge on to the new Town Clerk and Deputy. Processes where very easy for me to pick up but to training new clerks has taught me how to explain things differently.

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

AC: The NHMA has been amazing with training me and preparing me to handle all the different aspects of the job.

Ashlee Crosby

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

AC: A perception of my job is I know everyone in the town and what vehicles they drive. In reality I know some but not all of the resident and have no idea what most drive.

An unusual experience I had was running the Town election in place of the Town Clerk, who was campaigning for their position. Counting the votes and delivering the message of a defeat was an experience I hope to not have again.

TC: Has your public position changed you personally?

AC: I have spent many years prior to this position in the public eye, so it wasn’t a change to my lifestyle.This job has completely changed the way I look at the role of government. Before taking this job, I had little to no understanding of local government. Since taking this position, I have become more active in my local government and community.

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

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

www.nhmunicipal.org

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

AC: Not everyone has a happy disposition but a smile can change most people’s day.

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

AC: Follow the processes and ask questions.

TC: Do you dislike any aspects of your job? Which ones? Why? AC: I dislike that we currently do not offer boat registrations and its always dishearten to turn a customer away due to that.

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

AC: Given the opportunity I would bring back boat registrations. With two large body of waters in our town, we see a lot of boats.

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33

Tech

Insights

By Joe Howland, Chief Information Officer, VC3

Combating Evolving Threats: A Cybersecurity Framework for Towns and Cities

R

elentlessly targeted by cyberattacks in 2021, municipalities are facing scary repercussions as a result of ransomware, malware, and malicious hacker behavior. It’s scary to contemplate what hackers can potentially do to municipalities.

In 2021 so far: • A municipal utility in Jersey City, New Jersey experienced a severe ransomware attack that “lasted months and threatened to cause a ‘public health crisis.’”

• The City of Covington, Louisiana experienced a cybersecurity breach related to a Microsoft email vulnerability that affected the municipality’s finance and billing departments.

• The Resort Municipality of Whistler in British Columbia, Canada “suffered a ransomware attack that forced them to shut down their network, website, email, and phone systems.”

• In Oldsmar, Florida, a hacker tried to poison the city’s water supply by increasing the amount of lye to dangerous levels.

JOIN US ON JULY 27TH for a “Stay out of the Headlines” WEBINAR on CYBERSECURITY MUST HAVES! If this high-level overview interests you in taking a deeper look at your cybersecurity strategy and plan, then we encourage you to join us at 12:00 noon to 1:00 pm on Tuesday, July 27, 2021.

During this webinar, VC3’s Joe Howland will discuss the NIST framework in more depth and provide a checklist that towns and cities can use to evaluate their own cybersecurity measures.

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Are these hackers primarily hacking past firewalls, antivirus software, and software vulnerabilities? Actually, 95% of all successful attacks over the past two years started in email. That means hackers are using trickery—also known as social engineering—to get employees to click on suspicious links and attachments, give up usernames and passwords, and enter your systems.

Evolving Threats

After hundreds of major and minor data breaches over the past 10 years, hackers are more easily able to access user credentials. In addition to using social engineering tactics to trick employees, hackers can also find stolen credentials on the dark web and use those credentials to break into your systems. In many cases, other hackers have done the hard work already. With so many ways to steal user credentials, the risk of a breach continues to increase.

Hackers also continue to exploit software vulnerabilities and outdated operating systems through zero day vulnerabilities (vulnerabilities that no one has ever seen before) and going after soft targets—such as municipalities. Many municipalities do not have rigorous cybersecurity measures in place, a reliable data backup system, and IT support that proactively monitors systems. Cybercrime rings, for example, may use automated software to look for vulnerable organizations— many of which include municipalities.

Cyber threat detection has also become a bigger issue for all organizations. Once inside your systems, hackers often remain undetected for many, many months. According to IBM’s 2020 Cost of a Data Breach Report, “The average time to identify [a breach] was 207 days and the average time to contain [a breach] was 73 days, for a combined 280 days.” That’s a long time for a cyberattacker to be inside your systems.

Cyber Liability Insurance

As cyberattacks increase and become more financially damaging, cyber liability insurance premiums have gone up.

Direct written premium growth increased over 22 percent in 2020. Due to remote work during the pandemic, cyber liability insurance providers have grown wary of increased cybersecurity risks due to remote work. Many have even left the cyber liability insurance business entirely. While cyber www.nhmunicipal.org

liability insurance remains incredibly valuable, its premiums can be lessened by demonstrating cybersecurity best practices.

in your IT infrastructure and alert your city to security-related issues. Antivirus software, spam filtering, and employee training all fall under this category.

A Framework to Help Fend Off Cyberattacks

Detect Often overlooked by organizations, detection technologies such as endpoint detection and response are used to detect suspicious network traffic or behavior. Our recent article, The Threat from Inside: Why Your Cybersecurity Tools Must Now Detect as Well as Prevent, covers this area in depth.

The National Institute of Standards and Technology (NIST) has created a widely accepted framework that covers what organizations need as part of a cybersecurity strategy—and this framework is flexible enough to apply to even smaller municipalities.

Identify This part of the framework focuses mostly on assessing your cybersecurity risks, understanding unique cyber threats to your organization, and developing a plan to secure your data.

Protect Most organizations already have some level of cybersecurity protection. This part of the framework includes solutions to proactively identify weaknesses

Respond / Recover Finally, a cybersecurity strategy needs solutions and processes that help mitigate the impact of a security incident such as data backups, an incident response plan, and cyber liability insurance.

About Joe Howland Joe has been in the IT industry for over 20 years and has extensive IT management experience that spans multiple

industries. A UCLA grad with a degree in Mathematics Computation with a Computer Specialization, he worked with Computer Sciences Corporation for 10 years supporting defense and financial sector contracts. Joe joined VC3 in 2009 and during his time with VC3, Joe has performed in the role of Virtual CIO for some of VC3’s largest government customers. Joe is currently VC3’s Chief Information Security Officer and is responsible for VC3’s IT security as well as advising on security for VC3’s customers.

About VC3 VC3 is a leading managed services provider focused on municipal government.

Founded in 1994 with offices across the east coast, VC3 forms partnerships with municipalities to achieve their technology goals and harness their data. In addition to providing comprehensive managed IT solutions, VC3 offers cybersecurity, website design, custom application development, and business intelligence services.

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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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Regional Planning Commissions (RPCs) and Recreation Planning

By Jackson Rand (GIS Planner, Strafford Regional Planning Commission), Shayna Sylvia (Communications & Outreach Planner, Strafford Regional Planning Commission), and Stacey Doll (Community Resiliency Planner, North Country Council) Preface The primary role of a Regional Planning Commission (RPC) is to support local municipalities in their planning and community development responsibilities. This is done in a variety of ways such as: • • • • •

Assisting communities in preparing local planning documents, Providing technical assistance and general guidance to local land use boards, Helping to secure funding for transportation and other infrastructure projects, Working with municipalities to obtain and administer state and federal grant programs, and Reducing costs to municipalities through regional coordination and intermunicipal cooperation.

Introduction

Regional Planning Commission’s (RPC) have a long history of providing data, services, and technical assistance related to the land conservation and protection of natural resources and recreational opportunities. As more data becomes available and mapping technologies advance, the capabilities in which RPCs can support local communities with recreation planning becomes open-ended.

Both Strafford Regional Planning Commission and North Country Council have leveraged these advances despite their differences in geographic conditions and the natural resources available. Many recognize the North Country as a mecca of sorts for outdoorsmen seeking adventures in the White Mountains, while SRPC boasts access to the Atlantic Ocean via several rivers and over 300 recreational sites and resources.

Strafford Regional Planning Commission has increased its recreation planning program over the last several years with funding through the NH Children’s Health Foundation, and via its Unified Planning Working Program (UPWP) with the New Hampshire Department of Transportation (NHDOT). This increased programming allows

NEW HAMPSHIRE TOWN AND CITY

SRPC staff to ensure that one of the greatest amenities to the region is widely shared and promoted.

North Country Council has been working in collaboration with partner organizations throughout the northern counties of New Hampshire to identify assets and needs for the outdoor recreation industry as part of the Council’s Economic Recovery and Resiliency planning supported by the Economic Development Administration. The Council has also been researching bike rack locations throughout the region and has created an online crowdsourcing platform to identify bike rack locations through the Council’s Unified Planning Work Program (UPWP).

SRPC and Recreation Planning

Most recently SRPC has been able to carry out subsequent region-wide projects to analyze recreational resources in all of its eighteen communities. This started with a project called Pathways to Play (PTP) and has continued through Promoting Outdoor Play! (POP!), both funded by the NH Children’s Health Foundation. Historically, most of SRPC’s recreational planning services were related to trail mapping and providing this data in the form of maps for local communities.

www.nhmunicipal.org

Pathways to Play (PTP) and Promoting Outdoor Play (POP!) In 2018, SRPC first received funding from the New Hampshire Children’s Health Foundation (NHCHF) to conduct its Pathways to Play (PTP) project. The funding source, supporting projects aimed at reducing obesity in children under 5 and their families, allowed SRPC to conduct a regional analysis and carryout a pilot project.

SRPC’s project approach included examining access to recreation in the region, which in turn highlighted opportunities for increased recreational access.

Phase one of PTP allowed for the creation of a regional recreation sites data layer which was later expanded during the Promoting Outdoor Play (POP!) project.

Phase two of PTP included a pilot project in the City of Somersworth that examined barriers preventing children from accessing parks, such as road infrastructure, safety, signage, and public awareness. An outcome of the project, the Pathways to Play plan, provided an overview of the spatial analyses completed as part of Phase I and identified opportunities to improve access to recreation for children under 5 and their families in a concentrated area of Somersworth.

The plan identified assets, analyzed gaps, and explored opportunities with associated actions and prospective funding sources.

Building upon PTP, Promoting Outdoor Play! (POP!) sought to enhance the recreation site data layer and create a publicly accessible online, interactive recreation guide. SRPC staff and volunteers visited over 300 regional recreation sites, inventorying and photographing each.

All photographs and data were compiled into an online, interactive recreation guide to help those who live, www.nhmunicipal.org

Photo captured of Doe Farm in Durham, NH as part of the POP! recreation site inventory.

work, and visit the region to discover the abundance of parks, trails, playgrounds, and other recreational resources available.

In the coming Summer months, SRPC will be launching a recreation sites passport program that will encourage citizens to get outside and explore the recreational opportunities in the Strafford region. Physical passport booklets will be given to children while digital passport links will be provided to adults. This will allow families and groups of friends to physically or digitally stamp their passport as they explore the recreation sites available throughout the region.

Dover Master Plan Recreation Chapter In 2020, SRPC worked with the City of Dover’s Planning and Recreation Departments, and a group of municipal volunteers serving on a project steering committee, to update the 2009 Recreation chapter of the Dover Master Plan. This chapter update was innovative in that it integrated public art and placed an emphasis on recreation programming activities in the city. Content on these topics was largely informed by an extensive outreach process, including

events and digital surveys, and received responses from over 1,200 individuals.

Geographic data from the Pathways to Play project was used to analyze the City’s recreation sites in this chapter update, and SRPC staff and other volunteers helped to inventory and survey 24 of the City’s 39 recreation sites to assess individual recreation site needs. These surveys helped to inform direct site-based recommendations that were incorporated into the Master Plan chapter.

Trail Mapping and Promotion SRPC has long provided local communities and conservation commissions with assistance in trail mapping so that others can enjoy the abundant natural and recreational resources in the region.

In 2021, SRPC, in conjunction with the Town of Durham Conservation Commission, completed trail mapping for eight Town-owned conservation properties. These maps, which show the locations of trails, parking, scenic viewpoints, picnic tables, and other features along the trail, can be found on the Town of Durham’s webpage and are in the process of being posted at the eight trail areas.

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NHARPC from page 37 The planning commission has also taken a role in promoting trail systems in the region. For the May 2021 Bike/ Walk to Work month activity, SRPC partnered with Rockingham Planning Commission (RPC) to create a digital passport program featuring nine trail areas between the SRPC and RPC regions. This trail passport was promoted by both RPC and SRPC and will include lottery drawings for gift card prizes for everyone who participates in the passport program during the month of May. In addition to these specific projects and outreach activities, SRPC can provide trail mapping services for single trail systems, like it did with snowmobile trails for the Lee Conservation Commission in 2018 or be involved in the process of creating and mapping new trail systems with multiple routes like it did with the Plummer’s Ridge trail system. Located in Milton, this resource links the NH Farm Museum, Branch Hill Farm, and McKenzie’s Farm. SRPC is also able to assist with data on trail usage, using its pedestrian counter to track the number of people using a trail and most popular days and time.

Outreach event activity for the Dover Master Plan Recreation Chapter

North Country Council and Recreation Planning

The Council’s primary role in recreation planning in the region has been to support, and bring together, the various organizations who provide outdoor recreation in the region and facilitate collaboration of efforts and identification of regional needs.

North Country Rising Through the support of the Economic Development Administration (EDA), North Country Council received CARES Act funding to complete an economic recovery and resiliency plan for the region and identify needs that cross multiple economic sectors. The

Trail photo captured by participants in the Bike/Walk to Work month passport program.

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Council recently completed the first round of focus group meetings with various sectors of the economy including a focus group for Outdoor Recreation and the Environment. The North Country is often a destination for so much of our travel and tourism, and the tourism industry is growing in support of outdoor recreation. With expansion comes the necessary planning needed to build capacity within the region to support the increase of outdoor recreation while also preserving the natural spaces that attract so many visitors to the area.

The Outdoor Recreation focus group highlighted that need as the most important priority for the industry – to support building capacity within the industry, meeting the basic needs of our Outdoor Recreation workforce, and creating messaging and on-going stewardship of our natural spaces. The Council is taking the input from the focus group and integrating it into Storymaps through ArcGIS for the North Country Rising Plan for Recovery and Resiliency of Community. Assets within the Outdoor Recreation economy will be identified and mapped included the industries strong social capital, natural and historic resources, and skilled, experienced workforce. Case studies from outside of the region as well as stories of local resilwww.nhmunicipal.org

iency and leadership will also be a part of the Storymaps providing guidance for meeting the industry’s needs.

Human-Powered Recreation Value Chain In an effort to address the balance between economic growth in the outdoor recreation industry and the need to protect natural resources and a sense of place in the North Country, a network of partners in the industry are working together to build value and connection at the local level to support a local outdoor recreation economy.

The Neil and Louise Tillotson Fund of the New Hampshire Charitable Foundation, while recognizing opportunities to use a more holistic approach to community wealth, provided grant support to two organizations already working in the region to identify and

create value chains within humanpowered recreation. The Conservation Fund and the Appalachian Mountain Club, who led this effort with many partners in the region, held several meetings and outreach workshops to explore the relationship between supply and demand in human-powered recreation including mapping the value chain and its partners as well as hosting informal gatherings.

“The value chain stakeholders identified opportunities to create locally rooted economic development by expanding existing businesses and establishing new ones that provide products and services directly tied to human-powered recreation. These local businesses that benefit from a growing economy include outfitters and equipment rental, equipment repair and services, outdoor recreation guides, and others. Many visitors to the region come for overnight trips,

so hospitality businesses such as restaurants, lodging, and breweries provide other economic expansion possibilities,” Wealthworks Case Study on New Hampshire Recreation.

Contributors: (PC = Planning Commission) Shayna Sylvia (Strafford Regional PC) ssylvia@strafford.org Jackson Rand (Strafford Regional RPC) jrand@strafford.org Stacey Doll (North Country Council) sdoll@nccouncil.org.

Learn More Want to learn more about your regional planning commission and the services offered? Visit the NH Association of Regional Planning Commissions online at www. nharpc.org where you can read about services, find your region, and take a virtual tour of the planning commissions.

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Legal

Q and A Village Districts: A Commonly Misunderstood Municipal Entity

By Natch Greyes, Municipal Services Counsel

V

illage districts have a long history in New Hampshire. Many of village districts were created by special legislative act – i.e. the legislature passed a bill creating each of those districts and giving them certain powers – at a time before RSA chapter 52, governing village districts, was enacted.

Yet, despite that long history, there are probably no municipal entities more misunderstood than village districts.

Often, they are thought of as subservient to a town or city, rather than as independent municipal entities. That can have big consequences, as we witnessed with the disbursement of CARES Act Funds. So, it’s important to get a firm understanding of village districts: how they operate and what they do.

Q. What are Village Districts?

A: RSA 52:3 specifies that a village districts is a “body corporate and politic, and shall have all the powers in relation to the objects for which it was established that towns have or may have in relation to like objects, and all that are necessary for the accomplishment of its purposes.” In

other words, a village district is a political unit organized for a specific purpose. For example, to provide firefighting services to a certain area or to provide water or sewer service to a certain area.

This can make things complicated when the state or federal government provides funds as towns and cities don’t double dip on services, nor do the towns or cities have power over the districts. As such, it is important for village district officials to keep abreast of funding legislation and advocate for inclusion of village districts.

Q. How are Village Districts Created?

A: While it’s true that many village districts were created by special legislative act, many have also been organized (or reorganized) under the provisions of RSA chapter 52. In either case, the village district is created for a specific purpose. Often, these include firefighting or providing water and/or sewer to a certain area.

It’s important to know that village districts aren’t restricted to one municipality. They can – and many do – cross town

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and city boundaries. So, it may be the case that a water or sewer district provides water or sewer to more than one town. RSA 52:5 provides a mechanism to change the districts boundaries if, for instance, there is reason to enlarge the district as may occur during a regional water or sewer project.

Similarly, districts may serve only a small part of a town. This has the same monetary effect as crossing town boundaries – it allows those who avail themselves of the services to be the ones to pay for it, rather than the populace of an entire municipality, not all of whom may benefit from the service.

Q. For What Purposes May Village Districts be Created?

A: RSA 52:1 lists the permissible purposes for which a village district may be created. Note, however, that the leg-

islature can, via special legislative act, create village districts for other purposes. Often, older districts that were created prior to the enactment of RSA chapter 52 have one of the listed purposes, and some have seen their special legislative acts amended to cause RSA chapter 52 to apply (thus lessening the burden on the legislature).

The permissible purposes listed in RSA 52:1 include: (a) The extinguishment of fires; (b) The lighting or sprinkling of streets; (c) The planting and care for shade and ornamental trees; (d) The supply of water for domestic and fire purposes, which may include the protection of sources of supply; (e) The construction and maintenance of sidewalks and main drains or common sewers; (f ) The construction, operation, and maintenance of sewage and waste treatment plants; (g) The construction, maintenance, and care of parks or commons;

(h) The maintenance of activities for recreational promotion; (i) The construction or purchase and maintenance of a municipal lighting plant; (j) The control of pollen, insects, and pests; (k) The impoundment of water; (l) The appointing and employment of watchmen and police officers; (m) The layout, acceptance, construction, and maintenance of roads; and (n) The maintenance of ambulance services.

Q. What Happens After a Village District is Created?

A: At the meeting to create the district, the voters can establish its name and select its officers. RSA 52:3. Those officers include a moderator, a clerk, three commissioners, a treasurer, and such other officers as may be directed by law or as the voters thereof may judge necessary for managing the district’s affairs. RSA 670:2. The modera-

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LEGAL Q&A from page 41 tor, clerk, treasurer and commissioners possess the same powers and perform the same duties in respect to the district’s meetings and business affairs that the moderator, clerk, treasurer and selectmen of towns respectively possess and perform in respect to like matters in towns. RSA 52:8. Those officials use those powers to perform whatever work falls within the scope of the reason for which the district was created utilizing the funds available to the district.

Q. What Funds are Available to a Village District?

A: The voters of the district vote to raise and appropriate funds at their annual meeting, just like towns. RSA 52:3. And just like towns, special meetings can only raise and appropriate funds if the meeting either attracts half of the registered voters or gets authorization from the Superior Court.

RSA 52:4.

In addition to those funds raised by general property taxation, a village district may also raise additional

funds via establishing a contingency fund. RSA 52:4-a. That fund is limited to a maximum of one percent of the amount appropriated exclusive of capital expenditures and amortization of debt by such village district during the preceding year. RSA 52:4-a.

Of course, districts may also accept and receive other funds as they are made available by the state and/or federal government.

Q. How are Village Districts Dissolved?

A: In time, development often leads to the exhaustion of the purpose of the village district. For example, modern LED streetlights are much cheaper to construct, maintain, and utilize than the gas streetlamps lit and maintained by lamplighters back in the early 1900s. No one need go around daily turning on the gas and igniting it, nor is there expensive gas plumbing that need be maintained. As a consequence, the cost to the town(s) in which the village district exists is so much lower and the work involved so much less that it may make sense to dissolve the district.

RSA 52:21 provides such a mechanism. It provides that any district operating under RSA chapter 52, may, at an annual meeting, by a 2/3 vote of its legal voters, terminate its existence and dispose of its corporate property.

Upon the dissolution of any such district, the property, real and personal, which is contained within the former boundaries of the dissolved district shall continue to be subject to taxation and betterment assessments for the purpose of paying any unpaid bonds, notes, bills or other obligations incurred while the district was in existence, in the same manner as if the said district had not been dissolved.

The selectmen of the town or towns in which the district was situated shall assess the taxes and betterment assessments in the same manner as if the district had not been dissolved and shall have the duty, authority, and power to pay such bonds, notes, bills or other obligations after the moneys received from such taxes and assessments.

Natch Greyes is the Municipal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@ nhmunicipal.org.

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The

HR

REPORT

Show Me the Money: Vaccination Incentive Policies

By Patrick Landroche, Esq.

W

orkplace morale, political concerns, the emergency use authorization – these reasons, among others, are why many public employers are not presently mandating the COVID-19 vaccine. Nonetheless, and especially in light of the recent CDC guidance stating that vaccinated individuals can be indoors without masking or social distancing (https://www.cdc.gov/ coronavirus/2019-ncov/vaccines/fully-vaccinated.html), employers are looking to maximize the number of vaccinated personnel at their workplaces. That being the case, employers are asking whether they may implement a vaccine incentive policy, and if so, what would that look like?

Fortunately, the Equal Employment Opportunity Commission (EEOC) recently issued new guidance on such incentive policies.

Before the new guidance was issued, employers seeking to offer a vaccine incentive faced a sea of uncertainty. Mainly, they had to be mindful of the Americans with Disabilities Act (ADA) and the EEOC’s Proposed Rules for incentives for wellness programs sponsored by employers. Title I of the ADA prohibits discrimination against individuals on the basis of disability in regard to employment compensation and other terms, conditions, and privileges of employment, including “fringe benefits available by virtue of employment, whether or not administered by the covered entity.” Fringe benefits include the benefits offered to employees who become vaccinated. Under the Proposed Rules, which were frozen by the Biden administration, there was an argument that for a vaccine incentive to be lawful (i.e., in compliance with ADA), the incentive could only be deminimis, meaning something of little or nominal value. For example, an employer could offer a bottle of water or a $5 gift card, but not airline tickets or $100 to employees who became fully vaccinated.

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The new EEOC vaccine guidance makes clear that employers may offer any incentive to employees who affirmatively state that they have been vaccinated, or to those who provide documentation (vaccination card) or other confirmation that they received a vaccination. The incentive offered is only limited when employers administer the vaccine directly or through an agent to their employees – in that case, the incentive cannot be so substantial as to be coercive.

In short, then, the EEOC has stated that employers may offer a vaccine incentive and may require employees to provide proof of vaccination to receive the incentive. Therefore, the question becomes: how should employers implement a vaccine incentive policy? Below are three steps employers should follow when crafting an incentive policy.

First, employers must decide whether, and, if so, how they will require proof of vaccination in order for employees to qualify for the incentive program. Employers have a few options here: they could establish an incentive program based entirely on the honor system; or, to ensure employees are being vaccinated, they could require some type of proof, such as having employees provide a written certification confirming their vaccination status or by asking employees to provide a copy of their vaccination card. If either of these latter options are selected, the employer must maintain such documentation as confidential employee medical information.

Second, employers must determine what incentive they will offer to employees for being vaccinated. Nationally, many companies are offering paid time off for employees to be vaccinated. Giants like Amazon are offering frontline workers who get vaccinated a bonus of up to $80. Walmart takes the prize for a unique twist on a vaccination incentive: employees who show their vaccination card are being of-

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fered a $75 bonus; however, if they do not show their card, but tell Walmart that they have been vaccinated, then they may take their masks off. While this approach may be problematic for a number of reasons, it is an interesting twist. Incentives, therefore, can be monetary, leave benefits, an option to take masks off, or some other incentive. As outlined by the EEOC, the only limitation here is that the incentive cannot be coercive if the employer is administering the vaccine themselves or through an agent.

Third, employers must determine how they will treat employees who do not get the vaccine. In light of the recent CDC guidance – indicating “mask or vax” – employees who are not vaccinated should continue to wear PPE and socially distance. Of course, different rules for vaccinated versus unvaccinated employees can have an impact

on morale within workplace. To avoid a situation in which only unvaccinated people are wearing masks, employers would be wise adopt a policy clearly stating that vaccinated people can also continue to wear masks if they prefer to do so.

In addition to the three steps, employers with unionized workforces must be mindful that a vaccine incentive will likely be subject to bargaining. Hence, it would be prudent to consider establishing a labor/management strategy for approaching the union about the topic in advance.

While employers have shied away from implementing a mandate, many have been explicit that they want their employees to become vaccinated.

The EEOC has cleared the way, at least under federal law, for employers to nudge their employees toward

becoming vaccinated by implementing incentives. As with any important policy, before implementing a new vaccination incentive policy, employers should discuss the changes with their legal counsel.

Patrick Landroche is a member of Drummond Woodsum’s Labor and Employment Group. His practice focuses on the representation of private and public employers in all aspects of the employeremployee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2021 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

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Court

Update

By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel

Now available online:

May 2021 Planning Board Decisions Based on Zoning Regulations Must be Founded on Objectively Clear Zoning Non-Conformities, Ronald Shattuck v. Town of Francestown, Housing Appeals Board Case No. PBA-2021-01, 05/07/2021

March 2021 30-day Time Period for Appealing a Planning Board Decision is Calculated Starting with the Day after the Date of the Decision, Krainewood Shores Assoc. v. Moultonborough, New Hampshire Supreme Court Case No. 2019-0719, 03/02/2021

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

— This Moment in NHMA History — 20 years ago…

In 2001, NHMA had 233 member cities and towns (today we have all 234 cities and towns). NHMA is recognized as one of the leading state municipal associations in the nation and as an effective service and action arm of New Hampshire’s cities and towns (and we still are today!).

On October 2, 2001, NHMA presented its first housing workshop. Topics included an overview of the law on affordable housing responsibilities, a discussion of the housing crisis in New Hampshire, what to do about “NIMBYs,” and how to finance housing in your city or town.

The Land and Community Heritage Investment Program awarded approximately $3.1 million to 29 communities across the state in an effort to help protect the very places that contribute to the character of the state. Also in June, the Legislature funded LCHIP with $5 million to award in 2002 and $7 million in 2003. Examples of projects that were funded ranged from conservation easements on farmland to the preservation of an historic opera house.

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NAME

THAT

TOWN OR

CITY

? ? www.nhmunicipal.org

Name the New Hampshire city or town that was chartered in 1763 in honor of John Montague, the Fourth Earl of Sandwich.

Because it was considered so inaccessible, it was enlarged, making it one of the largest towns in the State.

According to the town website, John Montague (1718-1792), the Fourth Earl of Sandwich, became First Lord of the Admiralty and was patron to Capt. James Cook (who explored New Zealand, Australia, Hawaii, and Polynesia). Capt. Cook named the Hawaiian Islands after Montague, calling them the Sandwich Island. Montague was a hardened gambler and usually gambled for hours at a time at this restaurant, sometimes refusing to get up even for meals. It was said that he ordered his valet to bring him meat tucked between two pieces of bread. Because Montague also happened to be the Fourth Earl of Sandwich, others began to order “the same as Sandwich!” The original sandwich was, in fact, a piece of salt beef between two slices of toasted bread.

When you have figured out the answer, email it to tfortier@nhmunicipal.org. The answer will appear in the September/October 2021 issue.

ANSWER TO PHOTO IN THE MAY/JUNE ISSUE: The photo on page 43 in the last issue of New Hampshire Town and City magazine is that of the town hall and offices in the Town of Webster.

Thanks to: Boyd Chivers (Candia); Michele Derby (Webster); Janice Jalbert (Chester); Dottie Kurtz (Errol); Marshall A. Buttrick (Greenville); Ken Story (Grantham); Michael Capone (Holderness); Stanley Prescott (Loudon), and Bill Herman (Auburn) who all responded with the correct answer. We appreciate you playing along with us!

J U LY / A U G U S T 2 0 2 1

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The Right-to-Know and Public Meetings Tuesday, July 20, 2021 12:00 noon—1:00 pm

Upcoming Webinars

Join Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes who will discuss the requirements for holding a proper public meeting, as well the exceptions to the meeting requirement (the so-called "nonmeeting"). The attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session and the recording and potential sealing of the minutes of a nonpublic session.

NHMA will be hosting two complimentary This webinar will also address difficult "meeting" webinars in July for members of the New issues, such as communications outside a meeting and electronic means of communicating, and penHampshire Municipal Association.

alties and remedies provided in RSA Chapter 91A.

Staying Out of the Headlines:

Cybersecurity Must-Haves So Your City Is Protected and Out of the News Tuesday, July 27, 2021 12:00 noon —1:00 pm

For details and registration information, visit www.nhmunicipal.org under Calendar of Events Questions? Call 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

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NEW HAMPSHIRE TOWN AND CITY

Ransomware, malware, and cyberattacks are putting municipalities in the news for all the wrong reasons. And it’s scary to think how easy it can happen—especially when 95% of all successful attacks over the past two years started in email. Not to worry. Ways exist to mitigate the risks of such attacks.

Join Joe Howland, Chief Information Security Officer at VC3, who will talk about these evolving threats, discuss a framework for covering all aspects of your cybersecurity, and provide you an actionable checklist that you can take back to your municipality. Howland, Chief Information Security Officer with VC3, who is responsible for VC3’s IT security as well as advising on security for VC3’s customers. www.nhmunicipal.org

Serving the Needs of New Hampshire Municipalities for Over 30 Years

Relevant Experience Effective Solutions Valuable Results

MUNICIPAL TECHNOLOGY SYSTEMS Cloud or Local Server Installations New Hampshire Based and Focused

Municipal Resources, Inc.| Municipal Technology Systems 603.279.0352 | info@mrigov.com www.mrigov.com

Periodical Postage Paid at Concord, NH

25 Triangle Park Drive Concord, NH 03301

Wishing You a Summer Filled with

Joy

Here’s hoping you can spend time with people you love, share fresh food and laughter, enjoy the good health that makes it all possible and the comfort of knowing you are covered by HealthTrust.

For more than 35 years, HealthTrust has been providing the coverage New Hampshire’s families need. We are here for you, your employees and retirees.

800.527.5001 | www.healthtrustnh.org

Medical and Prescription Drug | Dental | Benefit Advantage FSA and HRA Services | Disability and Life Slice of Life Wellness Program | HealthTrust 360 | LiveHealth Online | LifeResources EAP SmartShopper | Grand Rounds