New Hampshire Town & City March/April 2025

Investments Designed for New Hampshire

NH PDIP has provided New Hampshire’s public entities with investment options since 1993. NH PDIP focuses on safety, liquidity, and earning a competitive yield in order to meet the distinct needs of cities, towns, school districts, and other political subdivisions.

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

New Ha mp sh ire Publ ic Deposit Inve st ment Pool

Stephen C. Buckley, Legal Services Counsel

Jonathan Cowal, Municipal Services Counsel

Sarah Burke Cohen, Legislative Advocate

Brodie Deshaies, Legislative Advocate

Marty Karlon, Policy & Research

Judith Pellowe,

Ashley

New Hampshire Municipal Association BOARD OF DIRECTORS

Laura BuonoImmediate Past Chair Town Administrator, Hillsborough

David Caron Town Administrator, Derry

Shelagh Connelly Conservation Commission, Holderness

Phil D’Avanza Planning Board, Goffstown

Stephen Fournier Town Manager, Newmarket

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

David Stack Town Manager, Bow

Jennifer Kretovic City Councilor, Concord

Dale Girard Mayor, Claremont

David Moore Town Administrator, Stratham

Holly Larsen Finance Director/Tax Collector, Berlin

Joanne Haight Select Board Chair, Sandwich

Thomas Seymour Moderator, Hill

Jeanie Forrester - Secretary Select Board Member, Meredith

Joseph R. Devine Assistant Town Manager, Salem

Shaun Mulholland City Manager, Lebanon

Bonnie Ham Planning Board Chair, Woodstock

NHMA Executive Director A Message from the

Margaret M.L. Byrnes

Welcome to the March/April issues of Town & City! Most NHMA members will hold their town meetings this month—with a handful holding them in April and May—and so we wish you a successful town meeting season, with robust debate, citizen engagement, and positive outcomes for your communities.

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

Town meeting also means newly elected and appointed officials—which means a great opportunity to take advantage of NHMA’s training and educational resources. In addition to members being able to attend our workshops live in person or virtually, we want to remind you that you have 24/7 access to prior recordings of workshops and webinars and the ability to download digital copies of any of publications at no cost by logging into our website. And new this year: NHMA is launching a new certificate program! This program is borne out of the five strategic priorities established in our 2024-2027 strategic plan. Here's a summary:

Road Map to Excellence in Local Government

Your guide to municipal leadership: This curriculum is a roadmap to the workshops and resources already available to help local officials and managers excel. From budgeting and municipal law to governance and planning, this structured overview highlights the tools and training already in place to support you in leading your community effectively.

While the program will officially launch after town meetings, you can explore the details and begin planning your participation now by visiting the Certificate Program page of our website.

Meanwhile, downtown Concord, the legislative session is in full swing, with Crossover—the day bills must be acted on in order to be sent to the other chamber—set for April 10. This means that after April 10, there will be fewer bills still “alive,” as many will have been killed (Inexpedient to Legislate) or retained/referred (held over the summer for review). However, any bills that have been tabled can be attached to other bills; and, in a budget year, this is particularly true because HB 2, the budget “trailer bill,” is regularly used as a vehicle for attaching and passing tabled bills. Speaking of the budget, as of this writing the governor’s state budget is yet to be presented; we expect that to happen on February 13. Please visit our bill tracker to keep up to date on bill activity, and don’t forget to read our weekly Legislative Bulletin, either by subscribing or viewing it on our website, where it is publicly available.

Because bill language was later than usual in coming out this year, NHMA did not host its usual Legislative Preview webinar prior to the start of the session. However, we are planning a Legislative Half-Time Webinar right around Crossover to update members on the legislative session. Stay tuned!

Looking ahead, upcoming NHMA workshops include our brand-new Principles of Employment Law, presented by employment attorneys from DrummondWoodsum; NHMA’s annual Local Officials Workshops, intended to provide an overview of important municipal topics for newly elected or appointed officials; The Right to Know Law: Public Meetings & Governmental Records; and A Hard Road to Travel (it is almost mud reason, after all!).

Finally, enclosed in this issue of Town & City is NHMA’s Annual Report. We hope you enjoy reviewing the highlights of 2024—and are looking forward to working together again in 2025.

HAPPENINGS

Is something new and exciting happening in your city or town? We'd love to include it in Town & City! Email us at publications@nhmunicipal.org

Invite Margaret to Your Next Selectboard Meeting!

Margaret Byrnes, Executive Director of NHMA, is available to attend your selectboard meeting to discuss municipal issues, NHMA resources, and how we can support your community. If you’d like her to attend your meeting, reach out to info@nhmunicpal.org.

New Hampshire Recognizes 18 Communities as Housing Champions

The Department of Business and Economic Affairs (BEA) has designated 18 communities as Housing Champions, recognizing their efforts to address the state’s housing challenges by supporting affordable, accessible, and sustainable housing development.

The 2024 Housing Champion Awardees are: Boscawen, Concord, Derry, Dover, Enfield, Farmington, Hinsdale, Hooksett, Jaffrey, Keene, Lebanon, Manchester, Nashua, Newport, Portsmouth, Rochester, Salem, Somersworth

“Housing is one of the biggest challenges to the New Hampshire economy and these communities have demonstrated leadership in fostering solutions supporting affordable, accessible, and sustainable housing development,” said BEA Commissioner Taylor Caswell. “These communities set an example by creating opportunities for housing solutions that benefit residents and drive economic growth. Their innovative approaches and collaborative efforts are instrumental in addressing our state’s housing challenges.

With a Housing Champion designation, communities are eligible to apply for the Housing Infrastructure Municipal Grant, with $1.5 million available, and the Housing Production Municipal Grant, and the Housing Infrastructure Municipal Grant, with $3.5 million available.

These grants are designed to further support municipalities in developing housing solutions and advancing infrastructure

Road Map to Excellence in Local Governance

NHMA has launched a new certificate program designed to support local officials and city/town managers in maximizing their NHMA membership and excelling in their roles. This structured program highlights the workshops, webinars, and resources already available, providing a clear roadmap to help local officials and managers lead their communities effectively.

This curriculum is not an added course but a comprehensive guide to the existing tools and training NHMA offers, especially designed to address the needs of local officials and city/town managers. It includes key workshops and webinars focused on essential topics. It highlights the key workshops and webinars available to support effective leadership.

Whether you are newly elected or a seasoned leader, this program ensures you have access to the knowledge and skills you need to succeed.

Head to the Certificate Programs page of our website for more information!

Rethink Local launches New England Municipal Managers Email Group

This past month, the Upper Valley nonprofit Rethink Local launched a free email list group aimed at helping facilitate collaboration among Town/City Managers of New Hampshire and Vermont as well as the rest of New England states. This will be a place where Town/City Managers/Administrators can share best practices and solutions, ask questions, plan events, request assistance, share RFPs, and ideally, will serve to help bridge between shared challenges in the two states.

At this time the email list is open to active, retired, or transitioning Municipal Managers in New England states (VT, NH, MA, RI, CT, ME) with approval from Rethink Local. Please contact Alex Torpey alex@alextorpey.com to request access.

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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 registrations@nhmunicipal.org.

MARCH

NHMA Board of Directors Meeting

9:30 am – 12:00pm Friday, March 21

25 Triangle Park Drive, Concord, NH 03301

APRIL

Principles of Employment Law Workshop

9:00 am – 4:00 pm Thursday, April 10

Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301

NHMA Board of Directors Meeting

9:30 am – 12:00pm Friday, April 18

25 Triangle Park Drive, Concord, NH 03301

Local Officials Workshop

9:00 am – 4:00pm Thursday, April 24

Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301

Please visit NHMA's website @ www.nhmunicipal.org frequently for the most up-to-date event and training information. Thank you.

Meet the NHMA Team!

This year, NHMA welcomed four new team members, strengthening our ability to serve New Hampshire’s municipalities. From legislative advocacy to communications and policy research, our newest additions bring valuable experience and fresh perspectives to our work. Below, meet the full NHMA team and learn more about the people supporting and advocating for cities and towns across the state.

Sarah Burke Cohen

Legislative Advocate

Sarah joined NHMA as a Leg islative Advocate in December 2024, providing advocacy ser vices to our cities and towns before the state legislature and other state policymakers. Sar ah’s experience prior to joining NHMA includes serving as the Assistant Director of the NH Human Rights Commission (HRC) and a staff attorney at NH Legal Assistance. She received her J.D. from Suffolk University Law School and her undergraduate degree in po litical science from the University of New Hampshire.

Marty Karlon

Policy & Research Analyst

Marty Karlon joined NHMA as a Research and Policy Analyst in December 2024. Before joining NHMA, he was Director of Communications & Legislative Affairs at the NH Retirement System for 14 years. Marty’s previous work experience includes serving in several senior editing roles at The Telegraph of Nashua, including Sunday editor, managing editor, and online editor. He received his B.A. in English and communications from Assumption University.

Miranda Augustine Communications Coordinator

Miranda Augustine serves as Editor in Chief of Town and City Magazine and NewsLink. She coordinates all communi cations, publications, member webinars, and advertising ini tiatives, while also managing the Association’s website and LinkedIn presence. Additionally, she handles all sponsorships and graphic design. Prior to joining NHMA in 2024, Miranda served as marketing coordinator for Bank of New Hampshire. Miranda holds a B.A. degree in Political Science from the University of Central Florida.

named Meredith.

The Rest of The NHMA Team

Margaret M.L. Byrnes

Executive Director

Margaret has served as Executive Director of the New Hampshire Municipal Association since 2019. She joined NHMA in 2014 as a staff attorney. Previously, she was an associate attorney with the firm Hage Hodes, P.A. in Manchester and an adjunct professor of legal research and writing at Northeastern University School of Law, Suffolk Law School, and The Massachusetts School of Law. Margaret has an M.B.A. from The University of New Hampshire Paul School of Business, a J.D. from the Massachusetts School of Law, and a B.A. in English Language and Literature and Classical Languages from Smith College, and volunteers as a CASA (Guardian ad Litem) for CASA of New Hampshire.

Jonathan Cowal

Municipal Services Counsel

Jonathan Cowal provides both legislative and legal services to NHMA’s member municipalities. Before joining NHMA, Jonathan served as a prosecutor in both Rockingham and Hillsborough County in the special victim’s unit. Jonathan received his bachelor’s degree from Bridgewater State University and his law degree from New England School of Law in Boston. Jonathan worked briefly as an associate attorney at the law firm of Falbo, Solari and Goldberg in Winthrop, Massachusetts before becoming an Assistant District Attorney for Essex County in 2015.

Stephen C. Buckley

Legal Services Counsel

Stephen Buckley directs NHMA's legal services pro gram, with responsibility for providing legal advice to members and overseeing train ing programs and educational publications for municipal of ficials. He was in the private practice of law from 1984 to 2014 concentrating in representing municipalities. In his hometown of Bow, Steve was a member of the planning board for 12 years and served as a member of the budget committee, and he currently serves as an alternate member on the Zoning Board of Adjustment. He is a past chairman and current member of the executive committee of the Central New Hampshire Regional Planning Commission, and he is currently chairman of the New Hampshire Association of Regional Planning Commissions. Steve received his B.A. from San Diego State University and his J.D. from UNH School of Law.

Judith Pellowe

Business Administrator

Judith Pellowe manages the finance and human resources for the Association and its employees, and assists the Ex ecutive Director in managing the administrative functions.

Before joining NHMA, Judith was the business office man ager for a medical practice on the New Hampshire Seacoast. Judith received her B.A. from Wells College, and a degree in accounting from McIntosh College. Judith is also certified in Human Resources by the Society for Human Resource Management and the HR Certification Institute.

Ashley Methot

Event Coordinator

Ashley Methot assumed the position of Conference and Workshop Coordinator with NHMA in April, 2014. Ashley has held other positions such as Benefits and Wellness Associate and Event Planning Associate during her 9 year career with HealthTrust, Inc. Ashley is the "behind the scenes" coordinator for various events such as the Budget & Finance Workshops, Municipal Law Lecture Series and the NHMA Annual Conference in the fall. Ashley holds a B.A. degree in Sociology from Keene State College.

Pam Valley

Administrative Assistant

Pam Valley is often the first voice you hear when calling NHMA. Pam is the “behind the scenes” coordinator for dozens of activities, such as NHMA board meetings. Before joining NHMA in 1996, Pam worked for a pri vate law firm in Concord, New Hampshire.

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LEGAL SERVICES DEPARTMENT: 2024 YEAR-IN-REVIEW

By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel

Asignificant service that NHMA provides to our members is access to our legal services department. Made up of two attorneys, NHMA legal services provides a variety of different resources and benefits to our members. Every day, the two attorneys are available by phone or email to answer legal questions and provide general legal assistance to elected and appointed officials from member municipalities. The attorneys also prepare articles, handbooks, seminars, guidance documents, educational programs and publications and on-demand legal trainings.

In 2024, the legal services department saw an increase in both the number of legal questions received as well as the demand for specific legal trainings.

LEGAL INQUIRY CALL/EMAIL STATISTICS - 2024

Total Legal Inquiries: 2023= 3002, 2024= 3175 Top Ten Legal Inquiry Subjects - 2024

On Demand Presentations: The staff at NHMA presented 36 times at various trainings requested by our members or other affiliate agencies. One of the benefits NHMA provides to its members is the ability to request one or two attorneys to present either virtually or in person for up to 2 hours on a specific subject.

New and/or Updated Publications: The attorneys and staff at NHMA update or rewrite several publications each year, most of which are now available free of charge to our members on our website. In 2024 we also added a new publication, The Volunteer Manual.

• Basic Law of Budgeting

• Basic Financial Policies

• Charter Government in NH

• Code Enforcement Handbook

• Court Update

• Final Bulletin

• Guide to Legislative Advocacy

• Hard Road to Travel Supplement

• Knowing the Territory

• Leg Policy Booklet

• Model Welfare Guidelines

• Municipal Calendars

• Right to Know Guidebook Supplement

• State Aid

• Town & Sch Meeting Handbook

• Art of Welfare

Workshops: NHMA hosted 23 workshops in 2024, including our annual conference. In total, over 1,581 people attending workshops hosted by NHMA in 2024. These workshops included:

• Moderators Workshop, SB2 and Traditional

• Right to Know Workshop for Law Enforcement

• Local Officials Workshop

• Right to Know Workshop on Meetings and Records

• Hard Road to Travel Workshop (2 workshops)

• Local Officials Workshop

• Code Enforcement

• Trustees Training

• Welfare Workshop

• Academy for Good Governance (7 events)

• Budget and Finance (Manchester and Littleton)

• Legislative Policy Conference

• Municipal Land Use Law Conference

• NHMA Annual Conference

Other Agencies: NHMA works collaboratively with other agencies to help provide training to their membership, much of which overlaps with NHMA’s membership. Some of the outside agencies NHMA worked with in 2024 include:

SAVE THE DATE

• NH Water Coalition

• NH Tax Collectors Association

• NH Timber Owners Association

• NH Government Finance Officers Association

• NH Office of Planning and Development

• Primex

• NH Library Trustees Association

• PBS

• NH Digital Government

• UNH T2

Virtual Webinar Series

Sessi on Topi cs

Funding Updates | Asset Management | Drinking Water Funding Process | Project Success Stories | Lead Ser vice Lines | PFAS | Build Americ a Buy Americ a Act | Wastewater Emerging Contaminants | Borrowing Basics | Sustainabilit y

Registration I nformation Coming Soon DWSRF@des.nh.gov

Launched last year, our platform enhances visibility for businesses providing valuable products and services to New Hampshire's municipal governments. Get noticed and grow your municipal client base today!

TOWN & CITY

Recognition in the Town and City magazine (approx. 6,000 print and digital subscribers).

WEBSITE FEATURE

Rotating features on our homepage, encouraging members to support our online advertisers.

NEWSLINK AD

A one-time business card-sized promotion in NewsLink, upon request (approx. 1,050 subscribers).

DIGITAL SUBSCRIPTION

Complimentary digital subscriptions to Town and City magazine and our NewsLink e-newsletter.

UNLOCK YOUR NEW NHMA MEMBER EXPERIENCE

NHMA has launched a new member portal! We invite you to log in, create your password, and explore your member profile.

IMPORTANT: You will need to use this portal to access member pricing for NHMA events.

Advertise with us!

New Hampshire Town and City is the official magazine of the New Hampshire Municipal Association, a nonprofit organization serving cities, towns, village districts, and counties. With a circulation of 2,500, the magazine is the only publication that comprehensively reaches the entire New Hampshire municipal market. Over 1,500 physical copies are distributed across the state, with an additional 1,000 digital versions sent directly to recipients. On average, the publication garners 65,000 impressions annually. Subscribers include mayors, councilors, selectmen, city and town managers, road agents, public works directors, assessors, clerks, and finance directors.

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Presidential Actions Summary: Impact to Local Governments

The Trump-Vance Administration is moving swiftly to enact President Trump’s agenda through existing federal programs across all federal agencies, including those that directly support local governments with grant funding, technical assistance, and other resources. To advance the President’s agenda, the Executive Branch can, and often does, use existing presidential authority to enact policy changes that do not require the approval of Congress. The Trump-Vance Administration is both exercising Executive Authority to enact policy changes through a series of Executive Actions and working with leaders in the Congressional majority to carry out his agenda. This approach is common to all modern presidencies.

At the same time, through this series of Executive Actions, the Executive Branch under President Trump would expand presidential authority in ways that call into question commonly accepted Legislative Branch authority over program authorizations and public spending, otherwise known as Congress’s “Power of the Purse.” So long as disagreement persists over these issues, federal grantees including local governments, and other beneficiaries, may encounter uncertainty about their ability to access federal grant funds, and state and local governments in particular may be challenged on policies that are traditionally under the purview of state authority and local control.

Recently, the budget office of the White House issued OMB

Memorandum M-25-13 that ordered federal agencies to “temporarily pause all activities related to obligations or disbursement of all Federal financial assistance” while the new Administration reviewed all federal programs for alignment with the Trump-Vance agenda. Following confusion and possible misunderstanding over the order, that Memorandum was rescinded by the Administration a day later. Although the memorandum ordering federal agencies to freeze federal funding broadly across multiple program areas was rescinded, local government’s ability to regularly access federal grant funding awarded to them remains uncertain.

NLC is communicating with the White House, federal agencies, and Members of Congress on these issues and advocating for local governments. Local leaders with questions regarding the status of their grants or the impact of Executive Actions on local decisions can contact NLC’s Federal Advocacy Team at advocacy@nlc.org. Questions regarding specific grants will be shared with the appropriate federal office.

Head to the NLC website for a summary of Executive Actions that could impact local governments both positively and negatively as the Administration pursues its policy goals. NLC will continue to seek guidance from the Administration and educate members on any new Executive Actions or amendments to existing actions.

NHMA’S SUSTAINING SPONSORS

Becoming a Sustaining Sponsor positions your business as a patron of New Hampshire's cities and towns, enhancing your brand recognition and trust within the community. By aligning with the mission of the New Hampshire Municipal Association (NHMA), you can choose from tiered options that offer increasing levels of visibility and access. Strengthen your brand's reputation by supporting local government initiatives, and make a strategic investment that elevates your business profile. As a Sustaining Sponsor, you'll gain direct access to NHMA members, ensuring exposure to key decision-makers in local government.

We extend our deepest gratitude to our current Sustaining Sponsors. Your support is invaluable to NHMA and the local

“Our partnership with the Carsey School builds upon one of NHMA’s core principles: enhancing local government through education. this new valuable members, expanding the educational opportunities available in New Hampshire communities.”

Mar g are t By r n e s Executive Director, New Hampshire Municipal Association c a r s e y.u n h .e d u

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12–24 Months to Completion

Legislative Update: A New Session Begins

By Marty Karlon, Policy & Research Analyst

Two months into the 2025-26 legislative session, the NHMA Advocacy Team is following close to 400 bills that could impact municipal government, for better or for worse.

As the text of these bills became available throughout January, we reviewed each proposal and determined whether to support, oppose, or remain neutral on a bill based on our member-approved 2025-2026 Legislative Policies and Principles.

While these bills run the gamut from ambulance billing to sanctuary cities, many proposals fall under common themes:

State aid to municipalities: Lawmakers are in the initial stages of crafting the state budget, which won’t be finalized until June. It’s no secret that the state’s financial future is far less rosy than in recent years due to the tapering of federal stimulus money and declining state revenue collections, coupled with the elimination of the Interest and Dividends Tax. Add a pending state Supreme Court decision on education funding and the ever-ballooning price tag for the YDC settlement fund and the picture gets even darker.

And, as we know from history, when money gets tight, state budget writers may look to reduce aid to cities and towns to plug holes elsewhere in the budget. Protecting the

recent, hard-won gains in state aid to municipalities is a top NHMA priority this year.

When government at any level builds its next budget, it needs to know where future revenue is coming from. Most NHMA member towns vote on their budgets in March and some level of state aid is factored into their revenue projections, so any cuts to existing aid will be made up from the pockets of local property taxpayers.

Zoning Mandates: There are dozens of bills dealing with local zoning and land use in response to the housing shortage, including several that would erode local control over (which NHMA opposes) or create incentive programs that municipalities may choose to take advantage of (which NHMA generally supports). Individual topics include legislation to mandate and expand accessory dwelling units (ADUs), reorganizing building code and zoning statutes, and mandating residential building in commercial zones by right. These bills aim to address housing shortages and promote development, but many of them also raise concerns about local control and the potential strain on municipal services and infrastructure.

Property taxes: There are bills dealing with budget caps, overriding tax caps, land use by religious institutions, and modifying or expanding property tax exemptions, including

How to Make Your Voice Heard

The adage goes that “life is all about showing up.” The same can be said for legislative advocacy. If a bill is of importance to your municipality, it’s always best to make your case – for or against – in person. Every Friday, NHMA includes a Bill Hearings Schedule for the upcoming week in our weekly Legislative Bulletin. However, if you can’t make it to Concord, you can use the Legislature’s online portal to put your position on the hearing record.

The House has an online testimony submission system that allows you to indicate your position on the bill with an option to attach testimony. If you want to email all the members of a House committee, you will have to copy their email addresses individually from the committee page.

The Senate has a remote sign-in sheet where you can indicate whether you are supportive of a bill, opposed, or neutral. Written testimony can be submitted via the “Email Entire Committee” link found on the Senate committee page.

Finally, if you want to contact your local legislators, there are Contact a Senator and Contact a Representative links on the General Court website.

Unlock the Full Potential of Your NHMA Membership with Our Training Archive!

Our extensive Training Archive is a fantastic benefit available exclusively to NHMA members. Behind the member wall on our website, you'll find a wealth of recorded trainings, all accessible at no additional cost. These sessions are an invaluable resource for your ongoing learning and professional development.

This is just one of the many perks of being an NHMA member. Don't miss out–explore the Training Archive today and make the most of all your training membership benefits!

multiple bills dealing with increase or expanded exemptions for veterans and the elderly.

Right-to-know: There are 17 bills introduced on this topic, including requiring the sending of records, repealing last year’s per digital page fee, and requiring collective bargaining negotiations to be done in public.

Public safety retirement: Pension reform for first responders was a campaign priority for Gov. Kelly Ayotte and there are several bills related to the New Hampshire Retirement System (NHRS) including one that seeks to revert pension benefits for police and fire personnel hired before July 1, 2011, to pre-2011 levels. Other bills include proposals to provide cost-ofliving increases to some retirees, establish new retirement plans for state employees, and restore some level of state contributions toward municipal employer retirement contributions.

Head to the NHMA website to get started!

Anti-lobbying bill: There is yet another bill seeking to prohibit NHMA and many other organizations from taking positions on legislation, which could effectively cut municipalities and other public entities out of the legislative process, while private industry will continue to lobby and influence legislation without consequences. Stopping this bill is another key priority.

Stay Informed

Every Friday during the legislative session, NHMA emails out a weekly Legislative Bulletin, which provides updates, previews, and reviews of key actions taking place in legislature.

Members who haven’t already subscribed to the Bulletin can do so through the member portal. Other can be added to the mailing list by emailing governmentaffairs@nhmunicipal.org.

The HR REPORT

NHMA Employment Law Hotline: Question and Answer Series Service Animal/Accommodation

By Sarah Freeman & Elizabeth Trautz

Drummond Woodsum partners with the New Hampshire Municipal Association to provide a free Employment Law Hotline service, through which we provide general legal advice to NHMA members. We receive a number of recurring inquiries through the hotline and have established a running series in which we periodically use the HR Report to address a hot issue. Recently, there has been an uptick in questions regarding the definition of hours worked, some of which you will find below.

Question: A Town employee has requested to bring their service animal to work, does the Town have to agree?

Answer: When a Town or City is assessing whether it must allow a service animal onto its premises, the answer may depend on who is making the request: a member of the general public attempting to access local government services or an employee in the workplace. While Title II of the Americans with Disabilities Act (ADA) requires service animals to be allowed in all areas where the public has access to state and local government services, Title I of the ADA, which regulates employment, does not include a specific reference to service animals. Instead, Title I obligates employers to provide “reasonable accommodations” for employees with disabilities, unless to do so would constitute an undue hardship. Therefore, an employee with a disability does not have an automatic right to have their service animal in the workplace. Instead, the employer and the employee must engage in the “interactive process” to determine whether allowing a service animal to accompany the employee could be a reasonable accommodation.

Therefore, municipalities must analyze requests for a service animal differently depending on the circumstances.

When a member of the public requests to bring their service animal into a government facility:

Service animals can accompany their handler to any public facility, subject only to the same conditions and limitations that apply to the general public.

Under Title II and III of the ADA, a service animal may

only be a dog or miniature horse and NH law (RSA 167-D) only covers dogs. This service animal must be trained to do work or perform tasks for the benefit of a person with a disability. The specific “work” or “task” that the animal is trained to perform for the individual must be related to their disability (physical, sensory, psychiatric, intellectual or other). An animal that only provides emotional support, comfort, or companionship simply by being present is not a “service animal.” In order to assess whether a dog/miniature horse is a service animal, the municipality may only ask the following two questions:

1)Is the service animal required because of a disability?

2)What work or task(s) is the service animal trained to perform? [Note: if the handler cannot identify what the specific work or task is, the animal likely does not qualify as a “service animal” under the ADA.]

Importantly, the municipality may not ask the above questions if it is readily apparent that the animal is trained to do work or perform tasks for an individual with a disability. Nor can the municipality ask questions about the nature of the handler’s disability, require documentation concerning the animal’s training, or require the animal to wear any particular vest, ID, or harness.

The animal must be “under control” by the handler at all times in a public place. Therefore, if an individual is requesting to bring a service animal to the municipality’s facility in order to access government services in their private capacity, the Town should follow this analysis, even if the individual is otherwise a Town employee.

When a municipal employee requests to bring their service animal into the workplace:

Under Title I of the ADA, employers are required to provide reasonable accommodations to employees with a disabilities, unless to do so would constitute an undue hardship. A reasonable accommodation is a change in the work environment, or a change in the way things at the work environment

are ordinarily done, that enable an individual with disabilities to perform the essential functions of their job or enjoy the same benefits and privileges of employment that are enjoyed by similarly situated employees (such as training opportunities, facilities, employee services, etc.). In order to assess whether a reasonable accommodation exists that would allow the employee to perform the essential functions of their role, the employer and employee must engage in a cooperative “interactive process” to assess potential reasonable accommodations.

As an initial matter, unlike Title II and III, which limits service animals to dogs and miniature horses, Title I does not specifically identify which, if any, animals may be considered a reasonable accommodation. Therefore, if an employee requests to bring either a service animal or an emotional support/comfort animal to work as a disability-related accommodation, an employer should engage in the interactive process to discuss the employee’s disability-related restrictions and

potential accommodations. There are four basic steps to the interactive process:

1. Identify the essential functions, rather than the marginal functions, of the position.

2. Request information from the employee about their disabilityrelated functional limitations. This request could include a request for information from the employee’s health care provider.

3. Compare the essential functions of the position with the employee’s identified disability-related functional limitations and engage in a conversation with the employee to identify possible accommodations that would enable the employee to perform the essential functions of their role.

4. Of those potential accommodations that would enable the employee to perform their essential

functions, select the accommodation to provide. This may or may not include allowing the requested animal to accompany the employee. While the employee can express a preference, ultimately the employer may decide on which accommodation to provide so long as the selected accommodation enables the employee to perform their essential functions.

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Employers are encouraged to reach out to counsel if an employee disagrees with a proposed accommodation or if the employer intends to deny a request for accommodation all together.

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.

Welcome to NHMA's Annual Report! The enclosed is a highlight of NHMA's activities and services in 2024.

Although admittedly every year is a busy year, 2024 felt like a true whirlwind as we ushered in several exciting changes and new initiatives for NHMA. Among those were the creation of NHMA's 2024-2027 strategic plan, a new partnership with UNH Carsey School of Public Policy, and several new staff, including a brand-new Advocacy Team and a new Communications Coordinator.

And the changes don't stop there: With implementation of the strategic plan underway, members should expect a variety of changes and improvements to our services as we work to achieve our strategic goals. Review the plan here!

NHMA was established in 1941 for cities and towns by cities and towns. All of this would not be possible without your support, engagement, and membership.

Read on for more details.

Advocacy

2024 was a relatively good year for New Hampshire's cities and towns at the legislature. Although there wasn't much available for state surplus, the legislature dedicated some additional money toward issues that affect cities and towns, including $26 million to the Retirement System's Actuarial Accrued Unfunded Liability, $2.S million for homeless shelters, and a half-a-million dollars for a firefighter cancer screening pilot program.

However, for the third year in a row, NHMA spent a significant amount of time fighting a slew of bills that would hurt local government or strip local authority, including working to defeat another effort that would have deprived you of your voice at the legislature. Still, we were able to work collaboratively with many legislators to pass important legislation helping provide a local option for cost recovery on the Right-to-Know Law, formulate a pilot program to resolve a longstanding liability issue for local elections, expand state support for dealing with cyanobacteria blooms, reduce the amount of PFAS polluting our environment, clarify appeal authority for local land use decisions, and help protect our state's historic covered bridges. Our victories were due in major part to the local officials who were willing to speak to their legislators about important municipal issues.

This year, 80 bills affecting municipalities became law, a lower-than-usual count that reflects the careful consideration legislators in Concord gave to local government issues. You can read a summary of all the bills enacted into law last year in the 2024 Final Legislative Bulletin.

As 2024 was an election year, that means we met a whole new crop of legislators this winter and said goodbye to some long serving ones. In late 2024, we also brought on an entirely new legislative staff, including two Legislative Advocates and one Policy & Research Analyst, pictured below from left to right Sarah Burke Cohen, Brodie Deshaies, and Marty Karlon. With the 2025 session underway, we encourage you to connect early with your new legislative delegation to discuss issues important to your municipality. We look forward to working with you throughout the year.

In 2024, the New Hampshire Municipal Association (NHMA) Legal Services Department responded to a total of 3,175 legal inquiries from municipal officials across the state. These inquiries covered a broad range of topics, with the most frequently asked questions focusing on:

l. Right-to-Know Law

2. Planning Board

3. Zoning Board of Adjustment

4. Budgeting

5. Public Meetings

NHMA's Legal Services Counsel and Municipal Services Counsel provide guidance and general legal assistance to elected and appointed officials from NHMA member municipalities through email and telephone inquiries. In addition to addressing daily legal concerns, NHMA attorneys author handbooks and publications, deliver educational presentations, and offer customized On-Demand training for members. Legal presentations are available in person, online, and at various locations throughout the state.

• Expanded Our Digital Presence - NHMA joined LinkedIn, strengthening our ability to connect with members, share updates, and highlight key initiatives.

• Successful Launch of the Sustaining Sponsors Program - In its first year, this program brought in $69,000, helping to enhance NHMA's services and resources for municipalities.

• Growing Our Team - We welcomed four new staff members, adding fresh talent and expertise to better serve our members.

• Refined Our Mission - NHMA's new mission statement reflects our commitment to supporting effective municipal government by leveraging the collaborative strengths of New Hampshire's cities and towns through education, training, advocacy, and legal services.

• Legislative Policy Updates - NHMA members came together in September to review, amend, and readopt legislative policies and principles, shaping our advocacy efforts for the next biennium as we approach another state budget year.

• Strategic Growth for the Future - One of our biggest achievements was completing and adopting NHMA's 2024-2027 Strategic Plan. This plan prioritizes:

o Enhancing member services and programs

o Expanding communications and outreach

o Strengthening staff development and capacity

o Increasing revenue to support new initiatives and improvements

o Driving innovation to keep NHMA relevant and sustainable to our members

Looking Ahead to 2025

We're excited to implement our strategic plan and introduce new member benefits, including:

• Free digital publications

• A Women's Leadership Institute

• Educational discounts for local officials at UNH Carsey School of Public Policy

It's been a year of growth, and 2025 promises even more opportunities to support and empower NHMA members. Stay tuned for what's ahead!

Recommendations & Observations for New or Returning Governing Body Members

By Stephen C. Buckley, NHMA Legal Services Counsel

We gather here a collection of governance suggestions for governing body members: select board, village district commissioners and town and city councilors/aldermen:

Tips For Newly Elected Local Government Officials:

• Allot ample time to be effective in your public service role. Your most important responsibility as an elected official is active participation at governing body meetings, but attending meetings isn’t enough. Preparation for public meeting is essential. Read the meeting information or board packet well before the meeting and be prepared when the Chair starts the meeting.

• Treat your colleagues, constituents, and staff with fairness and respect. People come to you with issues that are important to them. Do what you can to resolve their issues or suggest other resources that might be helpful.

• Take your budget preparation role seriously. The budget is your policy development tool and road map. It determines what your city or town does or doesn’t do in the coming year. When budget cutbacks are necessary, ensure adequate funding for activities that are vital to municipal operations.

• Be comfortable telling people that you don’t know the answer to their question. It’s better to tell constituents that you need to research an issue rather than provide inaccurate information.

• Be open and honest with your colleagues. It’s unwise to spring surprises on your fellow local government officials or municipal staff, especially at formal meetings. If a matter is worth discussing, it should be placed on the agenda. Surprises often cause embarrassment, create distrust, and erode the team approach to governance.

• Familiarize yourself with the New Hampshire Rightto-Know Law (RSA 91-A). Respect the letter and intent of this law.

• Hire the best people you can and give them as much responsibility as they can handle. Support and inspire them to succeed.

• Remember that your municipality does not operate in a vacuum. You must work within the intergovernmental system to be effective. Keep in contact with school, county, state, and federal officials. Use the New Hampshire Municipal Association as a resource.

Governing Bodies Act Through a Quorum at Public Meetings: As exemplified in RSA 41:8, a select board only takes official actions as a select board through a majority of the members. An individual member of the select board, or village district commissioner or city or town councilor, does not have any authority outside that granted to him or her by the whole board, such as where the designated chair of the select board would be given the ability to schedule meetings and initiate the agendas for board meeting. Ultimately, all actions taken by a governing body must be conducted at public meetings convened in compliance with the Right-to-Know Law.

Meeting Rules of Procedure: Establishing rules of procedure for public meetings has several benefits. First, it allows for meetings to be run in an efficient and consistent manner. Second, it allows for the members of the public body and residents to debate matters of public concern in a courteous and respectful manner that lessens the likelihood of discontent and friction. Third, rules provide guidance to public body members on how they are to interact and engage with municipal employees and members of the public. Fourth, rules of procedure ensure continuity and stability during transition years when new members of the public body are elected or appointed to office. (Paraphrased from Model Rules of Procedure for

Council Meetings, published by the League of Oregon Cities, March 2017).

Decision Making: When a governing body member abstains this would not prevent those board members who did vote from passing the matter under consideration. So long as a majority of the board is present, only a majority of the votes actually cast is necessary to support an action. Opinion of the Justices, 98 N.H. 530, 532 (1953). Thus, if a member of a governing body chooses to abstain from voting this does not defeat the action of the majority of those who voted. Town of Merrimack v. McCray, 150 N.H. 811, 813 (2004).

Management of Resignations by Elected Town Officials: RSA 652:12, I provides that a vacancy in an elected office occurs when the office holder resigns. There is no indication a resignation must in writing or must be accepted by the public body. Hence, a verbal resignation statement by an elected official would be sufficient. The best practice would be to have a policy in place which requires resignations to be provided in writing and that they take effect upon receipt by the public body.

Non-Delegable Duties: There are circumstances where the select board could not delegate statutory func-

tions. For instance, only the select board could exercise the authority to grant or deny a tax abatement (unless delegated by town meeting to elected assessors). RSA 76:16. Only the select board can sign and post the warrant for a town meeting. RSA 39:2. Only the select board can layout a town road. RSA 231:8

Election Officers: Members of the Select Board are Election Officers. RSA 652:14. The NH Constitution requires the attendance of the entire select board during voting and vote tabulation at a State General Election. As for town and school district elections, the presence of the entire select board is not mandated, but it is recommended. The Select Board also has the duty to provide for a suitable place in which to hold state and town elections and shall see that the same is “warmed, lighted, and furnished with proper supplies and conveniences.” RSA 658:9. Along with the clerk and the moderator, the Select Board constitutes the Board of Recount. RSA 669:32

Information Sources:

• The New Hampshire Public Finance Consortium: https:// nhpfc.org/

• New Hampshire Department of Revenue Administration – Municipal Bureau: https://www.

Representing towns and cities

Cordell A. Johnston Attorney at Law

P.O. Box 252

Henniker, NH 03242

603-748-4019

cordell@cajohnston.com

North Conway, NH | Bridgton, ME

STRENGTHENING COMMUNITY FOR 50 YEARS

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revenue.nh.gov/about-dra/municipal-and-property-division/ municipal-bureau

• NHMA 2025 Important Date Calendars: https://www.nhmunicipal.org/calendars-printablepdfs

• Town Reports: https://scholars. unh.edu/nh_town_reports/

Building Emergency Management Depth Through Municipal Partnerships

By Dan Stowers

City of Manchester, Fire Department-Emergency Management Division

Dan Stowers recently returned to New Hampshire to serve as the Emergency Management Coordinator for the City of Manchester. A native of the state, he enlisted in the military the day after graduating from Pinkerton Academy in Derry, embarking on a career that took him around the world. After retiring from the Army early, he settled in Georgia, where he spent the next two decades working in both the fire service and emergency management. He advanced through the ranks, eventually serving as an assistant fire chief in a combination department outside of Savannah and later as the State Planning Director for Georgia Emergency Management-Homeland Security.

With nearly 20 years of experience at the city, county, and state levels, Stowers has responded to numerous emergencies and disasters, gaining insights not commonly found in textbooks or online courses. His time as Georgia’s State Planning Director, where he coordinated emergency planning efforts across 159 counties and managed seven Presidentially Declared Disasters, reinforced a key challenge faced by jurisdictions of all sizes: a lack of trained personnel to effectively staff emergency operations centers (EOCs) before, during, and after a disaster.

608 Chestnut Street

Manchester, NH 03104

Phone: (603) 622-7070

Fax: (603) 622-1452

Challenges in Emergency Management Staffing

Most municipalities in New Hampshire have an emergency operations plan that designates specific Emergency Support Functions (ESFs) to coordinate response efforts. These range from ESF 1 (Transportation) and ESF 4 (Firefighting) to ESF 13 (Public Safety/Law Enforcement), among others. Each ESF is assigned a lead representative responsible for coordinating efforts in all phases of emergency management, including mitigation, preparedness, response, and recovery.

While department heads such as public works directors or finance officers can attend planning meetings with advance notice, the challenge arises when a disaster occurs. These individuals are often needed in the field, leading their departments in critical response efforts, making it difficult for them to remain in an EOC for extended periods. The issue is not just having enough personnel, but ensuring that those in the EOC have the knowledge and experience to effectively support operations

This challenge is common across jurisdictions, regardless of size. To address this, Stowers helped develop a

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solution that strengthens emergency management programs by establishing partnerships between municipalities that are not geographically close and are unlikely to experience the same type of disaster at the same time. Through small meetings that grew into coordination sessions held twice per year, each municipality’s ESF primary and alternate representatives became a backup for the other. For example, Municipality A could send members of its finance department to Municipality B to assist with damage assessment reports and public assistance applications after a major disaster. The same could be said for all of the other emergency support functions.

The Benefits of Municipal Partnerships

In 2013, Stowers worked with several communities to develop an approach that paired municipalities with different risk profiles. One example involved a coastal municipality, prone to hurricanes and flooding, forming a partnership with an inland municipality near Atlanta, where tornadoes, ice storms, and hazardous material incidents were more prevalent.

The partnership evolved into a structured exchange program:

• Twice a year, ESF primary and alternate representatives from one municipality would visit the other.

• These visits included facility tours, operational briefings, software demonstrations, and discussions on shared challenges.

• The program concluded with a full EOC tour and a working lunch.

• A few months later, the process was repeated in reverse, with the second municipality visiting the first.

Over time, these partnerships proved invaluable. When a hurricane struck the coastal municipality, finance department staff from its partner city assisted with damage assessment reports and public assistance applications. Similarly, when an ice storm impacted the inland city, emergency support staff from the coastal municipality stepped in to help coordinate response efforts.

By implementing this model, jurisdictions gained trained backup personnel, strengthened response capacity, and established professional relationships that facilitated collaboration during emergencies.

Applying This Approach in New Hampshire

Stowers encourages municipal leaders and emergency management personnel in New Hampshire to consider similar partnerships. The

key is to pair municipalities from different regions that are unlikely to be affected by the same type of disaster simultaneously.

For example:

• A municipality in Carroll County could establish a partnership with one in Cheshire County.

• A town vulnerable to river flooding could partner with one more prone to ice storms or wildfires.

Regardless of a municipality’s size, no jurisdiction has unlimited resources or personnel. By proactively forming these partnerships, towns and cities can enhance their emergency response capabilities, improve disaster recovery efficiency, and ensure their communities receive the support they need when disaster strikes.

Building strong municipal partnerships today can lead to more effective emergency management and greater resilience in the face of future crises.

How Investing in Regional Planning Gets Results

By Authors: Michael Tardiff, Central NH Regional

Planning Commission; Shanna B. Saunders, Lakes Region Planning Commission; Jay Minkarah, Nashua Regional Planning Commission; James Steele, North Country Council; Tim Roache, Rockingham Planning Commission; Sylvia von Aulock, Southern NH Planning Commission; Todd Horner, Southwest Region Planning Commission; Jennifer Czysz, Strafford Regional Planning Commission; and Meghan Butts, Upper Valley Lake Sunapee Regional Planning Commission.

At its core, land use planning plays an integral role in helping New Hampshire adapt to housing, transportation, economic development challenges and opportunities. Regional Planning Commissions help communities by ensuring they are not alone in their planning endeavors.

New Hampshire’s nine Regional Planning Commissions (RPCs) were established by state legislation in 1969 and serve in an advisory role to their member municipalities. RPCs support local municipalities in their planning and community development responsibilities through collaboration, development of regional plans and resources, and local planning assistance. Services include master planning, zoning and land use regulation, circuit riding, transportation planning, bicycle and pedestrian counting, hazard mitigation planning, housing build-out and suitability analyses, economic development planning, emergency management planning, and water resource planning. Expertise within the RPCs affords a depth of professional staff capacity that would otherwise be unattainable for many if not most of New Hampshire’s smaller communities. The Commissions also serve as a mechanism for intermunicipal collaboration, learning, and opportunity to collectively leverage resources. In a nutshell, investment in regional planning can yield dividends.

At Strafford Regional Planning Commission (SRPC) municipal dues make up a small portion of the overall budget and the majority are used to match or leverage other funds. For every $1 in dues, SRPC generates $9 in other funding. This

multiplies the resources available to support local and regional efforts ranging from free engineering services to develop transportation improvements and offsetting local costs for master plan updates. As staff build relationships with municipalities, particularly through contract planner or circuit rider services, SRPC has been able to successfully obtain grants for the community. In one community, grant funds awarded totaled more than 7 times the community’s contract costs for a staff planner, providing much needed resources to address stormwater drainage, community facility assessments, and brownfield environmental assessments.

The Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) has benefited communities by offering a diverse range of services at a lower cost, enabling municipalities to access specialized expertise without the financial burden of hiring full-time staff. UVLSRPC's extensive network of professionals and stakeholders enhances collaboration and resource sharing, while its strong relationships with State and Federal agencies connect the region’s smallest communities to valuable resources.

Since the primary goal of Regional Planning Commissions is to serve the community rather than generate profit, planning initiatives are more likely to align with public interests and needs. Similar to SRPC, municipal dues, which constitute 7.5% of UVLSRPC’s budget, are effectively used to leverage funding opportunities, bringing additional resources to the region. Over the past five years, UVLSRPC has significantly increased its efforts

to boost staff knowledge and capacity at the municipal level by staffing boards, training volunteers and municipal staff, and serving as on-call experts in planning, housing, resiliency, and transportation.

North Country Council (NCC) utilizes its municipal dues to support all its planning programs and to leverage larger pools of funds that staff use to provide technical assistance to their member communities in community planning, transportation planning, environmental planning and economic development. Several recent programs were directly supported with municipal dues. NCC hosted a free Housing Webinar in which participants were provided with essential knowledge and the steps to take to create a welcoming space for family members or to generate rental income while addressing the housing crisis.

NCC's traffic calming pop-up project in Bethlehem was developed to build upon previous studies and plans focused on increasing the safety and livability of Bethlehem’s Main Street. The overarching goal of this project was to improve the safety

and increasing the visibility of pedestrian crossings and intersections.

NCC also developed a Funding Resource Hub where individuals, not just in the North Country, can discover grants or other funding opportunities for NH communities, non-profits, and businesses. (https:// grants-and-funding-opportunitiesnccouncil.hub.arcgis.com/)

Southern NH Planning Commission has provided grant assistance that has resulted in millions of dollars of awards, critical staffing support in

several communities’ planning offices, and opportunities for communities to work within unique programs including Pathways to Play, funded through New Hampshire Children’s Health Foundation. One of the goals of this project was to improve information about recreation throughout the region. SNHPC developed an interactive map so that area residents, agencies and others could discover recreation resources in the area and how they might walk, ride a bike or use transit to get to their play space destinations.

Accessibility emerged as a top project priority – with the aspiration that everyone, regardless of age or ability, can enjoy the benefits of play and outdoor activities. SNHPC also worked with New Boston to develop strategies for improving play areas to support a diverse cross-section of visitors – including people with mobility challenges, individuals with physical or cognitive differences, families with young children, and seniors. To gather inspiration, SHNHPC connected New Boston stakeholders with Town staff from Windham to learn how Windham’s Recreation Department implementDm is stantienatia e Continued on page 40

Griffin Park, Windham, NH

Griffin Park, Windham, NH

ed a successful accessible playground project in Griffin Park.

Local Planning Board circuit rider planner assistance and Economic Development Committee support is a key element of the Central NH Regional Planning Commission’s work program in support of their 20 member communities. As requested, CNHRPC staff provide development application reviews, zoning and land use regulation update assistance, Capital Improvement Program (CIP) development and economic development related assistance on topics including Tax Increment Finance (TIF) district development, Economic Revitalization Zones (ERZs) and the Community Revitalization Tax Relief Incentive (NH RSA 79-E). In addition to the services listed above, CNHRPC staff have provided local hazard mitigation plan update assistance to a majority of the Commission’s member communities over the last several years.

Nashua Regional Planning Commission (NRPC) aggressively pursues state and federal grants to help fund initiatives that can address regional needs. In 2020, NRPC was awarded a $300,000 Brownfields Assessment grant from the Environmental Protection Agency (EPA) and in 2023, NRPC secured an additional $500,000. A brownfield is a property where the use, reuse, or redevelopment of the site may be hindered by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The program covers the cost of Phase I and Phase II environmental assessments, site investigations and testing, developing remedial action plans and reuse planning.

With over 100 identified brown-

fields in the NRPC region, the need to help return these sites to clean, safe and viable new uses is an important part of the region’s economic viability. NRPC has undertaken assessment work on ten sites in four communities. Four of the sites are municipally owned and two were to facilitate the sale of privately owned land to a town for municipal purposes including a DPW facility and a public parking lot. Three sites were targeted for housing or mixed-use redevelopment including the redevelopment of a historic school site, later used to house a local newspaper, in the Town of Milford. The now completed project brought 18 units of affordable senior housing into the heart of downtown Milford while helping to save an important historic resource.

The heart of planning is implementation. Planners play an important role in advancing implementation strategies by advising local boards

and committees on regulations and ordinances, to ensure that residential, commercial, industrial, and public uses of space meet the desired vision of the community.

Regional planning commissions produce results by helping to share good ideas born at the local level to neighboring communities. Each town is a grassroots laboratory teeming with creative volunteers and innovative staff. However, without an organizational hub, individual towns can spend a lot of time and resources reinventing the wheel. One example of facilitating cross-town communication and peer education comes from Southwest Region Planning Commission (SWRPC), who has provided backbone staff support to the Monadnock Broadband Group, which brings together stakeholders from across the Monadnock Region to develop strategies for expanding broadband connectivity.

Redeveloped brownfield site and former school and a newspaper in Milford, NH

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The Monadnock Broadband Group serves as an important vehicle for sharing information about what’s come to be known as the “Chesterfield Model” for broadband expansion. The model, pioneered in Chesterfield, NH, involves an innovative public-private partnership incorporating broadband infrastructure bonds, with debt service covered by service subscribers rather than taxpayers. The model has since been used in over a dozen Monadnock Region towns, making the region a hotbed for rural “gigabit communities” with lightning-fast fiber optic service. In addition to facilitating meetings of the Monadnock Broadband Group, SWRPC also developed the Monadnock Broadband Implementation Guide, which lays out step-by-step how to implement the Chesterfield Model.

Lakes Region Planning Commission's (LRPC) municipal member towns surround the beautiful Lake Winnipesaukee. As you can imagine, water quality is of utmost importance. With the help of both State and Federal funding LRPC is able to design and implement a Regional Household Hazardous Waste program that assures that all Winnipesaukee watershed town residents have access to a safe place to dispose of paints, led lightbulbs and auto fluids and oils. Working regionally on behalf of the entire block of communities allows LRPC to offer the best pricing and the most efficient delivery of services possible. Each summer LRCP coordinates several drop off points around the lake on both weekday and weekend hours to maximize access to the program for everyone. Our program helps make sure none of this toxic material ends up in storm drains or dumped illegally.

The takeaway message of this article is planning gets results. Planners take ideas from vision to tangible concept and design, and ultimately shepherd projects through to implementation. The Rockingham Planning Commission (RPC) has worked over the last decade to bring communities together and shape a regional vision and pursue shared goals. A crowning achievement of this work is the opening of the New Hampshire Seacoast Greenway rail trail. The project is a textbook example of sound planning practice leading to success. Projects like the NH Seacoast Greenway result in a safe transportation facility, a linear park, and an economic catalyst for the region that will pay for itself multiple times over.

The NH Seacoast Greenway is New Hampshire’s portion of the East Coast Greenway, envisioned as a non-motorized, multi-use trail extending 3000 miles from Maine to Florida and connecting major cities, small towns, and natural areas along

the Eastern Seaboard. The activation of the rail trail and the positive response from the public highlights the value that planning is bringing not just to our region, but the state and beyond. Through regional planning and coordination, it will soon be possible to get from Maine to Florida on a bicycle. Just think about that and then get excited!

When you think about other challenges and opportunities that face your region, whether natural resource protection, housing, economic development or transportation, remember that good results come from good planning. New Hampshire’s Regional Planning Commissions look forward to seeking opportunities to bring new resources to our regions to further local community goals.

To learn more about these services, be sure to contact your Regional Planning Commission. Visit the NH Association of RPCs online at www.nharpc. org where you can find your region and take a virtual tour of the RPCs.

In September 2024 the RPC and partner organizations held a ribbon cutting to open the first phase of the Seacoast Greenway.

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Legal Q and A

Petitioned Warrant Article Guidance

By Jonathan Cowal, NHMA Municipal Services Counsel

Every year when town meeting season rolls around, municipalities may receive citizen petitioned warrant articles. These articles can sometimes cause confusion because they can come in many different shapes sizes and formats and can call for any number of different actions to be taken. Consequently, many municipalities worry about how to handle petitioned articles. This guidance will provide some answers to the most common questions and concerns and provide a good starting point for evaluating citizen petitioned articles.

Q. What are the first steps I should take when I receive a citizen petitioned warrant article?

A. RSA 39:3 states that upon the written application of 25 or more registered voters or 2 percent of the registered voters in town, whichever is less…presented to the selectmen or one of them not later than the fifth Tuesday before the day prescribed for an annual meeting, the selectmen shall insert in their warrant for such meeting the petitioned article with only such minor textual changes as may be required. Therefore, a good first step may be to verify that the petition is submitted on time and verify that it meets the criteria of having the correct number of signatures. The supervisors of the checklist can confirm that there are at least 25 registered voters who have signed the petition. Next, you should determine what category the petitioned article falls into, as this will determine what, if any, further action may be required for said article. There are three major categories that petitioned warrant articles generally fall into: 1. Articles containing an appropriation (or a bond), 2. Articles seeking to amend a zoning ordinance, historic district ordinance, or a building code, 3. Articles calling for all other actions.

Q. What if the article contains an appropriation?

A. It is commonly believed that citizen petitioned articles cannot ask for the town to raise and appropriate funds or call for some expenditure of municipal funds. This is incorrect. Just like warrant articles submitted by the governing body, citizens can also submit petitioned articles seeking to raise and appropriate funds for a specific purpose. Sometimes, petitioned articles will be poorly worded and will not contain the correct language seeking to raise and appropriate funds, but the intent of the article is clearly to request the municipality to do something that will require an expenditure of money. In this instance, the municipality should inform the petitioner of the need for an appropriation clause and ask them to amend the language before resubmitting.

If a petitioned warrant article calls for an appropriation, it must be subject to a budget hearing, just like any other special warrant article under RSA 32:3, VI. The purpose and amount of the appropriation must be disclosed and discussed at the budget hearing. However, unlike articles submitted by the select board that could be altered by the select board after the budget hearing, petitioned articles cannot be altered or amended until the floor of the town meeting. This also means that if the town receives a petitioned article containing an appropriation after the budget hearing has been held, but before the final deadline for submitting petitioned warrant articles, a supplemental budget hearing will need to be held for the petitioned article. Finally, while the town cannot change the language of a petitioned warrant article after the budget hearing, the select board and official budget committee (if you have one) can vote and provide their recommendation just like any other special warrant article. If the petitioned article is proposing a bond, it follows the same process as any other bond article outlined in RSA 33:8-a.

Q. What if the article seeks to amend a zoning ordinance?

A. Much like articles containing appropriations, RSA 675:4 allows for 25 or more voters to petition for an amendment to a zoning ordinance, historic district ordinance, or a building code between 120 and 90 days before town meeting. The proposed zoning amendment article must be in correct warrant article form. This statute requires that petitioned amendments to these ordinances be submitted to the planning board and scheduled for a public hearing. Unlike petitioned warrant articles containing an appropriation, petitioned zoning amendment articles cannot be amended at the public hearing, after the public hearing or at town meeting. They must be placed on the ballot and voted on as written. The planning board is however allowed to place their recommendation on petitioned articles just as they are allowed to do for others.

Q. Can petitioned warrant articles be amended at town meeting?

A. Yes, petitioned warrant articles can be amended at the deliberative session for SB2 towns or on the floor of town meeting for traditional town meeting towns. The only exception are petitioned zoning articles as mentioned above and any warrant article where the language is specifically prescribed by statute. This same exception applies to select board articles as well. If a petitioned warrant article contains an appropriation, that number can be reduced or zeroed out like any other article.

Q. Can the select board or budget committee place their recommendation on petitioned warrant articles?

A. Yes, if the article calls for an appropriation the official budget committee and select board must put a recommendation on the article. If it is a zoning amendment, the planning board must put its recommendation on the article.

For all other articles, the select board may place their recommendation on the article.

Q. What if the article is “illegal” or the select board is planning on submitting their own version of the article that is better worded. Can we remove the petitioned article if the petitioner agrees?

Member Highlight: Classified Ads Postings

A. No, RSA 39:3 prohibits the selectmen from altering or changing petitioned warrant articles. The statute requires the selectmen to insert the petitioned article in the warrant “with only such minor textual changes as may be required.” “Minor textual changes” most likely refer to the selectmen putting the petition in the form of a question. Even if the petitioner agrees to remove the article, there is no process for them to have it taken off the ballot. As for “legality," if an article with questionable legal muster is approved by the voters, you should have your town attorney review the article and provide an opinion. If the article is not legally enforceable, it will likely be advisory only.

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

Member Highlight:

Classified Ads Postings

NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.

If you would like to post a classified ad to NHMA ’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org.

The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.

If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact the NHMA at 603.224.7447 or info@ nhmunicipal.org.

UP CLOSE AND PERSONAL

Welcome to Up Close and Personal, a regular column in New Hampshire Town and City designed to give readers a closer look at NHMA Board members. This issue features Tom Seymour, Town & School Moderator of Hill and NHMA Board Member.

What are your duties and responsibilities as Town & School Moderator?

My primary duties and responsibilities are to oversee the election processes in town and to facilitate the Annual Town & School District Business Meetings.

What was your biggest challenge in performing your duties?

My biggest challenge in performing my duties is tracking and implementing the ever-changing New Hampshire state laws that govern the election processes.

"A person’s perception is their reality. The perception may not be factual, but to the person whose perception it is, the perception is their belief. "

How has NHMA helped you to do your job?

NHMA is a huge resource and an excellent repository of accurate information. NHMA’s guideline documents and publications are a “must have” for virtually any municipal position.

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

This is my first year as Moderator, so I have yet to encounter any problems. Though in my years a Selectman the dilemmas are too numerous to mention.

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

Public perception of a Moderator’s duties tends to be based on what is seen firsthand which can be quite superficial. The reality tends to be far more complex with responsibilities extending beyond placing ballots into the ballot box. Satisfying the ever-changing NH state requirements and generating the mandated supporting documentation for the state can be quite detailed and time consuming in our handcount town.

Tell us a story about an unusual experience you have had while doing your job.

During the last Presidential election, an individual came in on voting day to register as a new voter. Unfortunately, he had no documentation with him to confirm

his identity, residence, or citizenship. This was a first for our town. Recent changes in state law governing voter affidavits created some confusion as to how to proceed. Strangely, in the short time it took to identify the state forms he would need to fill out, the individual changed his mind and left the polling place.

Has your public position changed you personally?

Most definitely. No matter the issue or complaint, everyone has a story to tell, and it pays to actively listen. Empathy and patience have been critical tools as Moderator and in my various positions in town government. I find myself applying these same tools to a greater extent in my personal life.

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

Absolutely. I have served my town in

a number of positions for more than a decade and my experience suggests that government’s role is more about assistance than enforcement. Government needs to spend more of its time helping its constituents succeed in their efforts whenever and wherever possible.

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

A person’s perception is their reality. The perception may not be factual, but to the person whose perception it is, the perception is their belief.

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

I am passing on this bit that was given to me on my first day in town government years ago.

“This job is only a difficult as you choose to make it.”

Do you dislike any aspects of your job? Which ones? Why?

Being a hand-count ballot town, the hours can get quite long. With less than 1,200 total residents and less than 800 registered voters, getting and keeping volunteers is extraordinarily difficult. As a result, all election officials work very long election days.

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

I would permit the start of absentee ballot processing (not counting) in advance of voting day to help expedite the process. The one4all voting tablets would be released to every town free of charge where taxpayer dollars paid for them.

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NAME THAT TOWN OR CITY ? ??

This town was granted on March 8, 1773, by Governor John Wentworth to a group of wealthy Portsmouth investors, including his father, Mark Hunking Wentworth, Nathaniel Haven and others. He named it after a Massachusetts Governor, who successfully defended the eastern English provinces from the French and Indians in ___War. But the town remained unsettled until 1812 when William Leighton arrived from Farmington, New Hampshire, with his family. This town was incorporated by the General Court on December 19, 1848.

Mountainous terrain and sterility of the soil prevented cultivation, but the region had forests, and the Upper Ammonoosuc River provided water power for mills. There were two sawmills operating by 1859, with a considerable trade in timber. Log drives on the Androscoggin River supplied the papermills downstream in Berlin. Pontook Dam, which created Pontook Reservoir, was reconstructed in the mid-1980s to generate hydroelectric power.

When you have figured out the answer, email it to maugustine@nhmunicipal.org. The answer will appear in the May/June 2025 issue.

ANSWER TO PHOTO IN THE JANUARY/FEBRUARY ISSUE:

The photo on page 44 in the last issue of New Hampshire Town and City magazine is that of the Town of Greenland.

Special thanks to Marshall Buttrick and Andy Robertson who responded with the correct answer!

HealthTrust is celebrating 40 years of providing high-quality, cost-effective benefits, innovative programs, and exceptional service exclusively to New Hampshire’s public sector. Thank you to all of our Members for the privilege of being your partner in helping your employees, retirees, and covered family members achieve optimum health. We look forward to many more years of working together with you to keep New Hampshire’s communities healthy, strong, and thriving. Here’s to the next 40 years!