New Hampshire Town and City Magazine, May-June 2021

May/June 2021

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Roads Created by Prescription Are Not Yesterday’s Problem...................6 Intersects – Where Data and Results Converge.........................................10 Strategizing a Focused & Transparent Public Outreach Program..........14 State House Report: Legislative Halftime 2021..................................... 18

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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.

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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

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Contents Table of

Volume LXIV • Number 3

May/June 2021

3

A Message from NHMA’s Executive Director

5 Upcoming Events 22 Up Close and Personal in the Field: Becky Baldwin 23 Up Close and Personal in the Field: Kathy L. Seaver 24 Tech Insights: Water Supply Attack Illustrates Security Lessons for Municipalities 26 NHARPC Report: COVID-19 Impacts on Transportation and Mobility 30 Legal Q&A: The Oath of Office for Municipal Officials 33 NLC Report: A Message to Congress: Cities are Ready to Rebuild 34

HR Report: To Mandate or Not to Mandate – The Vaccine Question on Everyone’s Mind

6

Roads Created by Prescription Are Not Yesterday’s Problem

10

Intersect – Where Data and Results Converge

14

Strategizing a Focused & Transparent Public Outreach Program

18

State House Report: Legislative Halftime 2021

46 Court Update 43 This Moment in NHMA History 43 Name That City or Town

Cover: WiltonTown Hall photograph courtesy of Monadnock Ledger-Transcript.

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

Rick Hiland - Secretary Selectman, Albany

City Manager, Lebanon

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

Conner MacIver Town Administrator, Barrington

Selectman, North Hampton

Judie Milner City Manager, Franklin

Donna Nashawaty Town Manager, Sunapee

David Stack Town Manager, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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NEW HAMPSHIRE TOWN AND CITY

Immediate Past Chair

Jim Maggiore -

Immediate Past Vice Chair

www.nhmunicipal.org

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C Cyber Security Cyber New England

A Message from the

Executive Director Margaret M.L.Byrnes

B

y the time you are reading this, the House will have held its three-day marathon session, the Senate be working on the State budget, and Crossover will have passed. As you have hopefully read in the Legislative Bulletin and our separate Legislative alert emails, there are many bills in the House this year that are damaging to local government. And, although the state budget includes some positives—including, for the first time in several years, no suspension of the statutory Meals & Rooms “catch-up” formula—the budget also contains serious defects. Most notably, the budget fails to fund already-approved state aid grants (SAG). Please continue to read our Legislative Bulletin and engage with your legislators; the session is far from over, and so there is much more opportunity left to advocate.

In good news, municipalities are receiving significant direct funding through The American Rescue Plan (ARPA), and we hope all municipalities are following the information and guidance on our ARPA Information page (under the Resources tab on the homepage). Much of the information has come from our partner, the National League of Cities (NLC), which provides advocacy and resources for cities and towns across the country on the federal level. Although there is a lot of helpful information available on ARPA funding, it is important to note that most of the critical questions will be answered when the US Treasury releases its official guidance—which is expected to be published on or by May 11.

In the meantime, NLC has put forth five principles for ARPA implementation: 1. Assess government operations and community needs to develop a plan for recovery. This means including all stakeholders—internal and external—as well as residents to conduct a needs assessment for your community and a plan. And don’t feel rushed: You have until December 24, 2024 to spend down the direct funds, giving you plenty of time to create and implement a well-defined plan.

• Vulnerability Scanning

2. Use each resource strategically. We cannot stress enough how important this is. The direct funds to cities and towns are not the only funding resource that will be available to you. You must educate yourself on what the bill includes and ensure you are taking advantage of all resources available.

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3. Prioritize fiscal stability and returning to work. Plan your spending with the goals of strengthening business and government stability, preserving jobs, and getting people back to work.

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4. Maintain records and document impact. Track everything, even when you are just beginning to put together an implementation plan for the funds. Use data to show how the funds are working to meet your goals or to determine what changes you might need to make in your spending plan.

• Risk Assessing

5. Your Congressional Delegation is part of your success.

Keep them in the loop about how these funds are helping to improve your community and meet your goals.

• ISO 27001

Email: Help@csne.io Phone:Help@csne.io 603-866-0224 Phone: 603-866-0224 Email: You can read the full article Website: CSNE.IO through a link on our ARPA In-

Website: CSNE.IO www.nhmunicipal.org

NHMA

Warmest regards,

Margaret M.L. Byrnes, NHMA Executive Director

formation Page.

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3

Has Your City or Town Completed the US Treasury’s Pre-award Requirements?

GO TO: https://www.nhmunicipal.org/american-rescue-plan-act-2021-information-page •

Familiarize yourself with the provisions of ARPA. There are many programs that can

benefit municipalities and their communities beyond the direct funding.

•

Use dedicated grants and programs FIRST whenever possible. Save the direct funding for gaps and priorities NOT ELIGIBLE for other federal and state assistance programs.

•

Assess government operations and community needs.

•

Start talking with staff and departments NOW to conduct a comprehensive needs assess ment. This will also assist you in determining what other programs and funding sourc ing you can take advantage of.

•

Meet with your governing bodies and valuable stakeholders in the community to assess

community needs.

•

Maintain records and document success: Show what you are doing and how you are doi ng it!

•

Communicate with your Congressional Delegation on the successes you have in using these funds to return to fiscal stability and benefit your communities!

Visit NHMA’s ARPA Webpage for the 3 Steps Cities and Towns Must Take Before Receiving Their ARPA Allocations NHMA is working closely with the National League of Cities (NLC) to bring our members the most up-to-date information on American Rescue Plan Act (ARPA) funds. While we are awaiting crucial Treasury guidance, there are actions cities and towns can and should take now to begin preparing for the influx of funding sources and programs that will become available in the near future.

PM

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

4

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Upcoming

Events

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

MAY Weekly Membership Call Every Friday at 1:00 pm Get Teams Invite from Events & Training Calendar on Website 2021 Hard Road to Travel Virtual Workshop Thursday, May 6 9:00 am – 12:30 pm Cost: $55.00 Local Officials Workshop Tuesday, May 18 9:00 am – 4:00 pm FREE Virtual Workshop for newly-elected and veteran municipal officials Webinar: Intersect – Where Data and Results Converge Webinar Wednesday, May 19 12:00 pm – 1:00 pm Complimentary Webinar 2021 Code Enforcement Virtual Workshop Thursday, May 20 9:00 am – 12:00 pm Cost: $55.00 Memorial Day Holiday (NHMA Offices closed) Monday, May 31

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Weekly Membership Call Comprehensive Governmental Auditing CommunicationServices Every Friday at 1:00 pm and Accounting and Accounting Services Timeliness Get Teams Invite from Events & Contact us for: Training Calendar on Website Audits of Financia Contact us for: 47 Hall Street 6 The Academy for Good Governance – Class 1 Concord, New Hampshire Financial StatemeE Audits of Financial Statements Accuracy Wednesday, June 9 Accounting Assist Roberts & Greene, PLLC Roberts & Greene, PL Communication 5:00 pm – 7:00 pm Financial Statement Preparation Staff Training Au Comprehensive Governmental Auditing Accuracy Comprehensive Governmental Timeliness Accounting Assistance Management Advis 2021 Municipal Trustees Introduction Roberts & Greene, PLLC and Accounting Services and Accounting Services Communication Staff Training Training Virtual Workshop Comprehensive Governmental Auditing Timeliness 47 Hall Street 603-856 and Accounting Services Thursday, June 10 (Whova) Contact us for: Management Advisory Services Contact us for: Concord, New Hampshire Email: info@roberts Audits of Financial Statements 9:00 am – 12:00 pm Cost: $55.00 Audits of Financi Financial Preparation Contact us Statement for: Financial Stateme 47 Hall Street The Academy for Good Governance –Accuracy Class 2 603-856-8005 Accuracy Accounting Assistance Audits of Financial Statements Accounting Assis Concord, New Hampshire Email: info@roberts-greene.com Communication Wednesday, June 23 Communication Staff Training Financial Statement Preparation Staff Training Timeliness Accuracy Timeliness 5:00 pm – 7:00 pm Management Advisory Services Accounting Assistance Communication Timeliness

Hall Street Please note that due to rapidly 47 changing conditions Concord, New Hampshire in light of COVID-19, please visit NHMA’s website @ 47 Hall Street www.nhmunicipal.org frequently for the most Concord, New Hampshire up-to-date event and training information. Thank you.

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Roads Created by Prescription Are Not Yesterday’s Problem

By C. Christine Fillmore, Esq.

Imagine this: • The property owner through whose land an old road runs has installed a locked gate across it to prevent joyriders from “mudding” on it.

• A developer seeking approval for a 10-lot subdivision (and 10 building permits) claims the old road on which all of the new lots will have frontage is a public road, not a private road.

• Abutters on an old road have performed “maintenance” work on it which has led to erosion and flooding in the area.

• The owner of land on both sides of an old road has strung a large amount of maple sap piping across the road.

What do these real-world situations have in common? In each case, the rights of the abutters and the municipality depend upon whether the road at issue is a public road.

Something either is a public road or it isn’t; there are no other options. However, proving which it is can be especially tricky with older roads.

Most New Hampshire towns and cities keep some records regarding the creation and status of their public roads.

These can range from detailed files (one for each public road with copies of town meeting or governing body votes to accept dedicated roads, layout votes, discontinu-

ance votes, details of maintenance and disputes, votes to change from Class VI to Class V) down to bare-bones lists of public roads and the year in which some of them were created. There are, however, almost always some roads for which there are no records. Some are fairly well-traveled while others are barely passable. Some are widely believed to be private, while others have existed for so long that no one doubts they are public.

When there are no records, it is often because the road was established, if at all, by “prescription,” one of the four ways to create a public road in New Hampshire. Prescription requires continuous use of a road by the public for at least 20 years, without permission of the owner of the land over which it travels, and under a claim of right (meaning the public assumed it had the right to travel along that route).

Mahoney v. Town of Canterbury, 150 N.H. 148 (2003).

Once a public road has been established by prescription, it cannot be lost through later disuse or by someone else occupying it, no matter for how long. Windham v. Jubinville, 92 N.H. 102 (1942). Even if the municipality doesn’t maintain the road, the most that would happen is that the road would lapse to Class VI, non-maintained status. RSA 229:5, VIII. The only way a public road, once established, can ever cease to exist is by a vote to discontinue it completely by the municipal legislative body (town meeting, town council or city council). RSA 231:43.

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NEW HAMPSHIRE TOWN AND CITY

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Although a large number of roads in the state were established by prescription, this informal method of creation has one major drawback, which is that it doesn’t require any particular votes or documentation. It is not surprising, then, that the records about these roads are so often sparse or nonexistent. This is all made more complicated by the fact that prescription was abolished through a change in the law in 1968 that grew out of the Great Depression of the 1930s. To save money on road maintenance and repair, many municipalities in that decade voted to discontinue some of their less important roads. However, in many cases, the public went right on using those roads as they had before. As a result, these roads began popping back into existence again in the 1950s and 1960s after another 20 years of continuous public use. To avoid any more unintentional creation of roads in this manner, the New Hampshire legislature amended RSA 229:1 to eliminate prescription as of January 1, 1968. To prove the existence of a highway created by prescription today, there must be evidence of at least 20 years of continuous public use beginning at the latest on January 1, 1948.

Unfortunately, abolishing prescription did not turn it into an issue merely of academic interest. Each of the situations described above has been the cause of litigation in the 21st century and similar situations are bubbling up across the state today. Although a select board or town/city council may make judgment calls about whether to treat a particular road as public or private, if someone challenges a road’s status in court, the municipality may have to convince a judge that prescription did (or did not) occur. See Gordon v. Town of Rye, 162 N.H. 144 (2011). While a formal resolution may not seem necessary if the town/city and the property owners agree on the status of a particuwww.nhmunicipal.org

(1981); Young v. Prendiville, 112 N.H. 190 (1972).

lar old road, it can become important very quickly when a disagreement surfaces. If a town suddenly finds itself in the middle of a dispute among property owners over a locked gate that prevents some of them from traveling on an old road through another abutter’s property, or if a city decides it needs to regulate an old road to prevent truck traffic from damaging it, the court’s order will depend upon what kind of proof of prescription the parties can produce.

And proof is the crux of the problem.

To establish that a road was created by prescription, the party claiming that the road is public will need to demonstrate not just that people used the road, but also: that the owner of the land through which the road ran knew or should have known the public was traveling there with no regard to whether the owner had given consent; that there were no breaks in the 20+ years of public use long enough to suggest that the public was told by the underlying land owner to keep out; that the public traveled along a consistent path during this time; and that the road was used not just by the abutting owners and their guests, but also by those in the general public. See, e.g., Sleeper v. Hoban Family Partnership, 157 N.H. 530 (2008); Town of Warren v. Short, 139 N.H. 240 (1994); Town of Weare v. Paquette, 121 N.H. 653

The burden of proof is on the party claiming prescription, and the standard is the “balance of probabilities” – in other words, is there sufficient evidence for the court to find it is more likely than not that the road was established by prescription? Arnold v. Williams, 121 N.H. 333 (1981). A variety of different kinds of proof are usually necessary. These can include old maps showing the road over the years, a history of municipal use and maintenance, stone walls and cellar holes along the road, authenticated photographs of people using the road, records of municipal maintenance, and a history of businesses located along the road that would have involved public travel to reach it. See, e.g., Gill v. Gerrato, 156 N.H. 595 (2007); Williams v. Babcock, 116 N.H. 819 (1976); Catalano v. Windham, 133 N.H. 504 (1990); Blagbrough Family Realty Trust v. A&T Forest Products, 155 N.H. 29 (2007). It can be especially compelling to present eyewitness testimony of people who personally used the road or performed municipal maintenance and repair during the 20+ year period.

Mahoney v. Canterbury, 150 N.H. 148 (2003). Making it even more difficult is the need for this testimony to

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ROADS from page 7 cover the entire period from 19481968. Based on a recent NH Supreme Court opinion, it is likely that testimony about only the later years in that period, even in combination with some of the other kinds of evidence, will not be enough. Town of Dunbarton v. Guiney, 173 N.H. 1 (2020).

Layered over this is the additional challenge of the passage of time. Public use of the road must have begun no later than 1948. As years go by, memories fade, people age and pass away, and this kind of evidence becomes difficult (if not impossible) to obtain. These memories can be preserved for future use, but if it doesn’t happen soon, the opportunity may be lost.

To increase the odds of success, towns and cities may benefit from a review of their road creation files and the com-

pilation of a list of roads about which they are uncertain. Consider also that a municipality may be on either side of a road dispute, so it can be equally important to consider questionable roads that the municipality would prefer not to be public. For all of these roads, to the extent it hasn’t already been done, towns and cities really should begin assembling files for each public road and those that are in question. Each file should contain copies of any information that can be gathered about their existence and creation, particularly regarding dedication and acceptance, layouts, deeds, and of course evidence of prescription (or evidence to refute a claim of prescription, as the case may be). If personal recollections are available for the period before 1968, it is best to get them in writing in a notarized affidavit or through a deposition. It will likely also be necessary to review town meeting records, governing body meeting minutes, planning records, highway

department records, town histories, old maps, and a host of other sources, as well as to consult with realtors, surveyors, historians, and title attorneys.

Municipalities interested in strengthening their road files should consult with their municipal attorney to be sure they are gathering the right evidence and looking in the right places.

An effort made today to preserve evidence and memories before they are lost may make the difference in a dispute tomorrow. Don’t leave it to chance – get started!

For more information on road files, see Chapter 2 of NHMA’s A Hard Road to Travel.

C. Christine Fillmore is a municipal attorney with the firm of Drummond Woodsum based in Manchester. She can be reached at cfillmore@dwmlaw.com or via phone at 603.716.2895.

We have all the tools to meet your needs.

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dwmlaw.com | 800.727.1941

Manchester, Portsmouth & Lebanon, NH

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2021 Hard Road to Travel Virtual Workshop 2021 Hard Road to Travel Virtual Workshop

Thursday, Thursday, May May 6, 6, 2021 2021 9:00 p.m.

9:00 a.m.—12:30 a.m.—12:30 p.m. $55 $55

PROGRAM AGENDA PROGRAM AGENDA

A significant timber removal operation is proposed and the road agent is concerned A significant timber removal operation is road, proposed agent is concerned about damage to the adjacent town whatand canthe theroad Select Board do? about damage to the adjacent town road, what can the Select Board do?

How does the Select Board approve the use of our Class VI Roads by How does the Select Board approve the use of our Class VI Roads by OHRV’s and Snowmobiles?

OHRV’s and Snowmobiles?

Under what circumstances can the town agree to plow or maintain a Class VI Under what circumstances canorthe town Road? agree to plow or maintain a Class VI Private or Private Road?

Join NHMA Legal Services Counsel Stephen Buckley and Municipal Services Counsel Natch Greyes for the Join NHMA Legal Services--Counsel Stephen and Municipal Services Counsel the answers to these questions and many more!Buckley This workshop will delve into the detailsNatch of howGreyes weightfor limits answers to theseseasonal questions ---otherwise, and many and more! workshopfor will delve into the details how weight limits are established, and theThis implications proposed hauling routesoffor timber removal are established, seasonal and otherwise, and the implications for proposed hauling routes for timber removal operations. The attorneys will discuss the designation and management of Class VI roads, including how and operations.

Thepermits attorneys designation and granting management of Classfor VI roads, how and when building canwill be discuss issued the under RSA 674:41, permission use of including Class VI roads by when building permits can be issued under RSA 674:41, granting permission for use of Class VI roads by OHRV's and snowmobiles, and allowing abutting property owners to undertake private repairs. This virtual OHRV's and allowing property owners to repair undertake private repairs.

This the virtual workshopand willsnowmobiles, also cover management of abutting local highway construction, and maintenance through ofworkshop will also cover management of local highway construction, repair and maintenance through the office of an elected or appointed road agent or expert agent. This virtual workshop will also provide a review of fice of anregulation elected or of appointed road agent or expert Thisparking, virtual workshop will also provide a review of the local highways by the select boardagent. including, street numbers, street names, weight the local regulation of highways by the select board including, parking, street numbers, street names, weight limits, mailbox location, as well as driveway regulation by the planning board. limits, mailbox location, as well as driveway regulation by the planning board.

Pre-registration and payment is required. If you register but cannot attend, a rePre-registration and payment is provided required.asIflong you register but has cannot attend, a recording of the workshop will be as payment been received. cording of the workshop will be provided as long as payment has been received.

Questions? Please contact our Event Coordinator, Ashley Methot at 603-230Questions?

Please contact our Event Coordinator, Ashley Methot at 603-2303350 or nhmaregistrations@nhmunicipal.org.

3350 or nhmaregistrations@nhmunicipal.org.

Attendees will receive a complimentary electronic copy of the NHMA's publicaAttendees willRoad receive a complimentary electronic copy of theHighways, NHMA's publication, A Hard to Travel: New Hampshire Law of Local Streets, tion, A Hard Road to Travel: New Hampshire Law of Local Highways, Streets, and Trails. and Trails.

Additional materials such as the PowerPoint presentation will also be distributed Additional materials such as of the PowerPoint presentation will also be distributed electronically.

No print outs the materials or hard copy of the publication will be electronically.

No print outs of the materials or hard copy of the publication will be provided. provided. www.nhmunicipal.org

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Intersect – Where Data and Results Converge

By Amir Rizavi, PE, ENV SP, VHB, Director of Transportation Systems Collecting traffic data is a critical piece of advancing transportation projects. For municipalities and state agencies, like every other market sector, the COVID-19 pandemic forever altered how infrastructure projects move forward. In New Hampshire and throughout the east coast, VHB engineers and transportation planners recognized a need to capture accurate traffic data to help their clients during these unprecedented times. The result: Intersect, VHB’s latest technology-driven innovation, which revolutionizes how to account for traffic volumes at urban, suburban, or rural intersections during typical and atypical circumstances.

I

ntersect uses an innovative approach to determining traffic volume data at intersections, enabling timesensitive projects to progress. In some cases, a tool like Intersect may be the only option to capture historical data.

VHB is working in partnership with multiple Departments of Transportation, including NHDOT, to implement Intersect and leverage the efficiency and accuracy of collecting traffic counts using probe data.

Why is Traffic Volume Data Important?

The Road Less Travelled

These studies are largely developed based on the collection of existing traffic counts to establish the conditions for roadways and/or intersections.

In March 2020, the United States and the world faced unknown challenges resulting from the COVID-19 pandemic. Everyday life became disrupted and the country began a series of coordinated social distancing and stay-at-home orders. As government officials instructed the country to remain at home, and many businesses and citizens began a transition to working remotely, transportation systems were directly impacted. Traffic volumes were significantly reduced, in some cases by greater than 75 percent on major facilities that previously served as the lifeline to residences, business, and communities.

With nonrepresentative traffic conditions on the roadways, transportation professionals providing essential services supporting infrastructure needs were left with a new predicament—how to collect volume data for analysis of future projects when traffic conditions are atypical.

Recognizing the value of probe (cellular, sensor, and/or connected vehicle) data, VHB outlined a universally acceptable procedure for leveraging probe data to produce traffic volumes under normal (pre-COVID-19) conditions. Although the procedure was developed during a time of crisis, Intersect will forever change the way intersection data is collected.

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Traffic volume data serves multiple needs for transportation professionals and is vital to establishing the baseline conditions for roadways and intersections. As transportation planners, we rely on traffic counts to support traffic impact studies, long-range transportation plans, corridor studies, travel demand forecasting, and signal warrant studies for our municipal, agency, or institutional clients.

Additionally, our traffic engineers leverage volume data to assess near real-time operating conditions on corridors and/or intersections. These assessments are critical to help us identify operational constraints, assess safety conditions, and support the maintenance of these facilities.

Traditional Traffic Data Collection

Traditional traffic data collection techniques include the use of automatic traffic recorders, manual turning movement counts, and video detection devices to quantify the number of vehicles on highways or at an intersection. Depending on the need, we collect traffic counts for a minimum of one hour or extended periods of time using continuous counters. In addition, agencies often restrict the collection of traffic counts to traditional times of year such as non-holidays and months when schools are in session. This approach can create the potential for project delays if weeks or months pass before we can collect a count.

Traditional standard operating guidelines for conducting traffic counts include:

www.nhmunicipal.org

• Weekday traffic counts are collected between noon on Monday and noon on Friday.

using probe data for any duration, date, or period provides significant advantages.

• Avoid collection on holidays plus a day before/after the holiday— unless the collection of a holiday is the purpose of the study.

In addition, using probe data enables us to explore traffic conditions before, during, or after the impacts of COVID-19. For the “before” condition, probe data is available for dates prior to March 2020. Likewise, probe data is currently being collected during the pandemic to monitor the near real-time conditions on transportation systems. We anticipate that “after” the pandemic, use of probe data will, in some cases, potentially replace the traditional traffic-counting process.

• Avoid conducting counts in or within the area of influence of construction zones—unless it is the purpose of the study.

• Avoid collection during non-recurring traffic conditions such as accidents, inclement weather, or special events.

As there are a significant number of transportation applications that use traffic counts, it is important to know that a wide range of collection periods or procedures are available. Having the flexibility to collect traffic counts

Evolution of Probe Data

Transportation-related probe data has evolved over the past decade. Available information from probe data sources has become functionally more complex as the saturation of data-providing devices and the speed at which

this data is made available has greatly expanded, with a majority of these data sources now reporting latencies less than one minute or near real-time.

This expansion has seen data become readily available to agencies for use in operational needs and has enhanced opportunities for planning-level analysis. Information can now be collected from the convenience of your desk 24hours a day, 7 days a week, and 365 days a year.

While there are many sources of probe data in the market, VHB partnered with INRIX to support the development of turning movement volumes based on the easily manipulated discrete data, ability to conflate for accuracy to roadway infrastructure, and flexibility to isolate vehicle classifications (personal vehicles and commercial vehicles).

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INTERSECT from page 11 Probe data generally has a capture rate of 10 to 25 percent of the total number of vehicles passing through an intersection depending on the nature of the surrounding area. Estimating what reasonably “normal” volumes are at a study intersection from a smaller sample size is challenging. Intersect provides that solution by thoroughly understanding capture rates.

Innovative Four-Step Process

Intersect follows an innovative fourstep process, shown in the figure, that begins with probe data collected from cell phones and connected vehicle technology to develop intersection traffic volumes—a vital necessity for any transportation planning effort.

Moving Important Projects Forward

Municipalities, DOTs, and institutions along the east coast have addressed transportation planning challenges using Intersect to revolutionize the way they account for traffic volumes at urban, suburban, and rural intersections during typical and atypical conditions. By capturing important data, we have helped move projects forward, including:

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• NHDOT. With the aid of Intersect, VHB’s local Bedford office will be working with NHDOT to establish pre-COVID fall 2019 data for turning movements at up to 51 signalized intersections throughout the state to establish peak-hour traffic demands to be used in optimizing signal timings to service post-pandemic traffic.

• University of Southern Maine, Portland. To accommodate a new residence hall and student center, VHB conducted a traffic analysis to illustrate the project impacts and meet local and MaineDOT permitting requirements. With most student learning moving to online and off-campus due to the COVID-19 pandemic, the necessary representative traffic data for

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the year was unavailable. With Intersect, we were able to develop traffic volume data for key locations near the University where historic data wasn’t available, which was significant enough to enable the project to receive permits in Fall 2020 and stay on schedule.

• Loudoun County, VA, Planning Study. Using Intersect, VHB obtained traffic analysis data to develop representative existing conditions, allowing a corridor study to proceed without significant delays. Intersect’s probe-data integrated a data validation and verification process that used multiple available traditional counts along the study corridor during the targeted analysis period. Ulti-

www.nhmunicipal.org

mately, VHB developed the trafTraffic data to obtain the peak fic data needed for the calibration daily traffic volumes on roadways. of the existing condition VISSIM In turn, this data is used for calcumodel, originally scoped to be collating Volume to Capacity ratios lected manually, using Intersect. for identifying project prioritizaWith probe data collected over tions. With the Intersect methodextended durations—a minimum ology, VHB will develop a model, of six weeks—the level of accuracy including data from continuous in capturing average travel behavcount stations, to generate the ior was greater when compared to PADT Factor for these locations, the traditional manual counts that and up to 99,000 additional locarepresented a snapshot in time for tions in the state. ad: one, or a typical, weekdayDirectory for the specified number of hours being counted.

Traffic counts are a critical piece of advancing transportation efforts, and often where a project begins. Intersect provides the flexibility to use big data and revolutionizes the way we account for traffic volumes.

For more information on Intersect, contact Amir Rizavi, Director of Transportation Systems- VHB NY, at ARizavi@ VHB.com.

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• NCDOT. Intersect is generating data for the NCDOT’s Peak Average Daily Traffic (PADT) project to understand seasonal traffic factors for 93 locations in North Carolina. These factors are applied to the Average Annual Daily

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Strategizing a Focused & Transparent Public Outreach Campaign

By Nichole Davis, Public Outreach Coordinator, Hoyle, Tanner & Associates, Inc.

P

ublic engagement is a critical component to all infrastructure-related projects and is required by nearly all federal and state agencies as well as municipalities.

The engagement process allows each participant to voice their opinion and have their viewpoint considered during the decision-making process, which ultimately shapes our communities’ futures. So, if it is required on nearly every project, why not take a proactive approach that makes participation easily accessible from anywhere as well as offer in-person events that encourage engagement?

One way to be proactive is to establish an engagement strategy and when doing so, there are three imperative things to incorporate:

Be Consistent with Engagement

Emphasizing the municipality’s desire for public engagement on all initiatives directed through the community will help grow the amount and value of the feedback the community receives. An example of this would be putting emphasis on issuing electronic surveys at the beginning of a project and encouraging community members through multiple path-

ways (website announcement, social media, newsletter blast) to participate in the survey. Not only does this underscore the fact that the project leaders want community feedback, but they are going above-and-beyond to make sure people have a chance to express themselves. By conducting public involvement activities regularly, such as town halls, community mapping, charrettes, crowdsourcing, and focus groups, it encourages local stakeholders to participate in the planning and design processes, as well as help to identify community concerns and needs. Communities that have multiple projects occurring concurrently will need to provide clear messaging where they are soliciting for feedback.

Clear Messaging

As much of a requirement as public involvement is in many governing agencies’ project processes, public outreach can play an integral part in developing successful local projects.

Public acceptance of a project is largely contingent upon the community’s ability to actively listen to – and clearly communicate solutions to – the stakeholders’ concerns. By involving the public in the project’s advancement, through public meetings, social media and/or design charrettes, it allows for a direct interaction between those developing project alternatives and those who will be directly impacted by that development.

Another critical part of clear messaging is ensuring the content is understood by all and not too technical. Developing content for public outreach that is highly technical or heavily goes into project specifics will create more questions than answers, potentially stifling the dialogue and feedback from the community.

One Source of Truth

Allowing stakeholders to engage with the content presented provides the project team with the opportunity to understand who is participating in the process as well as the project aspects that mean the most to those individuals.

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Making sure that your message is written in such a way that individuals will be less likely to misinterpret your meaning is key; then using either the community’s website or social media platforms to house all the materials presented for public consumption will ensure that interested parties can gather the same information from one source to eliminate confusion. www.nhmunicipal.org

Once your strategy is in place for your outreach, using a combination of virtual and in-person engagement communication methods will assist in engaging your stakeholders.

Virtual Engagement

With the global pandemic causing a drastic shift in business for nearly everyone, communities are altering their engagement efforts to gather from and share with their stakeholders more information. Using technology to conduct public meetings, whether live or recorded, can assist public officials in gathering input into a project’s process. By using virtual public engagement tools, officials can increase their reach by making stakeholder participation convenient and available from anywhere. Some tools used in their outreach efforts include: Telephone Town Halls are like conference calls that gather input from numerous participants but differ in that they are an outbound invitation to participants so that callers do not have to dial into the event. Once participants are on the Telephone Town Hall, they can fully engage by using their telephone’s keypad to respond to poll questions and virtually line up to ask live questions. At the end of the call, all data provided during the call and polling is provided to the organizer. Guides are available on how to increase the effectiveness of this service from various providers.

Custom Surveys can be used throughout a project’s duration in a virtual engagement format. Creating custom surveys allows you to gather the most pertinent project information from your stakeholders. Using this as a virtual engagement tool also allows you to create multi-lingual surveys to encourage input from stakeholders whose primary language is a language other than English. This allows for more voices to be heard, particularly www.nhmunicipal.org

those who may be most impacted by or benefit from a particular project.

Story Maps are a virtual tool that combines maps with text, images, and video content. Using tools like story maps can harness the power of maps to truly tell a compelling story by allowing users to click through various map areas to understand the many factors that impact the project development. The information included in these story maps can also be referenced in the community’s GIS systems for future capital planning and infrastructure improvement efforts.

Live Interactive Polling can provide you with real-time feedback from your stakeholders by asking questions that stimulate active thinking and discussion engagement. Some people think differently when they can question and respond throughout the presentation. This tool also provides an opportunity for individuals to provide anonymous feedback in the project development process. Using live interactive polling allows you to solicit feedback from stakeholders using their phones, tablets, or laptops.

Project Specific Websites are a great information clearinghouse for project updates to all interested parties.

Although the development of some technical aspects of a project encounter little controversy, traffic control and construction duration sometimes draw significant attention. Providing the project intent, history of the area, project schedule and regular updates allows stakeholders to search for answers to their questions, or explore project progression.

While these tools provide different opportunities to connect with your stakeholders, not all of these virtual tools need to be used on every project. What is ideal for one community may be different than what is right for another community. Choose the tools that you think may be most effective and easiest to use for your stakeholders.

In-Person Engagement

The second way to connect is by speaking directly with stakeholders face-to-face to ensure their voices are heard and ideas considered. Once they

By incorporating project specific questions into a custom survey, project organizers can determine some of the driving factors for project success.

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STRATEGIZING from page 15 are heard, various engagement methods can be used to organize and deliver the received input. One of the challenges in using a virtual-only engagement approach is that participation may happen but project buy-in may not. For example, in highly populated areas some individuals may perceive their ideas and contributions to have minimal project impact because they are one of many. Various “in-person” engagement techniques can be implemented in combination with or independently of virtual engagement based on the stakeholder demographics.

Proven “In-Person” engagement methods include: Town Hall or Traditional Public Meetings are useful when you are trying to get initial project information out to a large population and in some cases are recorded and presented on a community’s local public television station. Town Hall style meetings are also helpful when the project falls within a mixed-use area of the community.

In some instances, it is helpful to host back-to-back information meetings - one morning, one mid-day and one evening meeting - to reach all impacted stakeholders throughout the day.

Station Style Public Meetings are used in exchange with Town Hall Meetings. Instead of presenting the entire project to the public and soliciting feedback, community and project representatives break the project into various pieces (for example pedestrian amenities, project layout, surface treatments, lighting options). The meeting space gets set up with each of those topic areas separated and participants are able to review the presented photos, posters or video content and interact with knowledgeable project representatives to provide feedback.

This type of meeting is usually completed in an open house style format where participants come to review the materials and provide their input. The meeting may also include a project presentation, which stakeholders may attend if they choose.

Information Stations at Community Events can help introduce the project and community representatives that are soliciting project input and feedback. These Information Stations generally have a table with information, such as graphics, flyers, or posters that share details about the project with passersby to review. Some of the events that could be productive to attend include Old Home Days,

Station Style Public Meetings allow stakeholders to engage in conversation with project representatives related to the project aspects they are most concerned about.

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pumpkin festivals, market days, picnics in the park, food truck events, etc. These events allow project representatives to have candid conversations about the benefits and impacts of a given project while gathering valuable feedback.

Collaboration with Local Businesses for “Coffee Hour” can be used where project representatives partner with local businesses who agree to host the discussion for a pre-determined period to answer questions outside of the traditional public meetings. This type of engagement can foster a more open and frank discourse with the benefit of garnering input from local businesses, residents and potentially the traveling public who frequent the area.

Citizens Task Forces are extremely helpful when the project has a large stakeholder group and may impact a broad range of population demographics. This task force approach would identify the thought leaders in the community that have influence with others, including but not limited to business owners, church groups, neighborhood watch, refugee centers, PTA, etc., and who are extremely passionate about the project to continually gain community buy-in.

Engaging with project stakeholders one-on-one can foster open dialogue and gather vital input for project development.

www.nhmunicipal.org

Adjusting your communication strategy to the size, complexity, and stakeholder demographics in your community will help public officials apply the best tools to maximize public outreach and garner public input. Combining in-person and virtual communication into your engagement strategy, allows communities to reach a larger subset of its popula-

tion to ensure the project plan and/or design meets their needs while aligning with the funding and schedule requirements. By disseminating information both in-person and electronically, project officials will understand who the thought leaders are in their communities. Knowing who you are engaging with can help state agency and municipal officials manage their

messaging to more effectively deliver successful projects to benefit the community.

Nicole Davis is the Creative & Development Director with Hoyle, Tanner & Associates, Inc. Nicole can be reached by phone at 603.460.5157 or via email at ndavis@hoyletanner.com.

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State House Report Update on legislative issues affecting New Hampshire municipalities

By NHMA’s Government Affairs/Legislative Advocacy Team

Legislative Halftime 2021: A Strange and Difficult Year It’s no surprise that the 2021 legislative session has been a strange one.

The pandemic has necessitated social distancing measures, meaning that inperson meetings and lobbying haven’t occurred. Instead, NHMA’s staff has spent hours on Zoom, Teams, and YouTube speaking with legislators and allies, and watching the legislature hold committee hearings and sessions.

These have stretched to five days a week, despite few House or Senate sessions being scheduled; and we’ve probably been busier than ever switching from hearing to hearing.

Unfortunately, attending all these hearings has been necessary because we’ve seen a large number of bills filed that are major threats to municipalities. As of this writing, we have not yet seen the outcome of the three-day marathon House session in early April, but we do know that a large number of previously non-partisan subjects have become partisan, and both parties have been consistently voting along party lines. We’ve seen nothing to indicate that pattern won’t continue at the House session. We expect that most bills recommended as “Ought to Pass” by the majority party in committee will be bills passed, and those recommended as something other 18

than “Ought to Pass” will be delayed or killed by the full House.

All of this has made it a very difficult year as party membership has seemingly played a more important role than the individual merits of any given bill. For example, we saw committee recommendations of “Ought to Pass” or “Inexpedient to Legislate” along party lines on bills as diverse as: HB 439, repealing the authority of city and town councils to adopt ordinances “which may seem for the well-being of the city” (an authority that has been in place since 1846) (OTP); HB 374, changing the process for adopting the official ballot referendum (SB 2) form of town government (a process that was changed just last year) (OTP); HB 266, prohibiting municipalities from adopting any policy that restricts or discourages “inquiring about the immigration status of any individual” (rather than continuing to allow police chiefs and local officials to adopt the policies they believe are best suited to their cities and towns) (OTP); HB 588, requiring every municipality with a zoning ordinance to allow “tiny houses” in all residential districts (ITL); HB 341, requiring municipalities to allow every single-family dwelling in a residential district that is

NEW HAMPSHIRE TOWN AND CITY

served by municipal water and sewer to be configured as a four-unit building (ITL); HB 216, one of several popular bills that would allow municipalities – and other governmental entities – to hold meetings remotely (ITL). For many of these, we simply can’t understand why they’re partisan issues, and our fellow lobbyists are similarly flummoxed when we’ve asked them about bills that they’ve been following.

Meanwhile, the budget process has kicked into high gear. It’s too early to tell how the final budget will turn out, but we are concerned. The impending flood of money from Washington has coincided with a number of amendments in Concord to restrict state funding. Perhaps most worrisome as of this writing was the House Finance Committee vote of “Ought to Pass” on amendments to eliminate the total amount of state aid grant (SAG) appropriations from the governor’s budget for the biennium ending June 30, 2023. As it’s unclear whether the money from Washington can be used for the same projects as the SAG appropriations, municipalities could be facing huge bills to fill the statutory obligation of the state to help pay for needed water pollution control infrastructure. www.nhmunicipal.org

On the other hand, in the Senate, four important state aid and revenue sharing bills have been placed on the table.

The most significant bill is SB 99 to repeal the meals and rooms tax catchup formula for distribution and return the municipal share to the statutory 40%. There has been considerable discussion about providing needed property tax relief to New Hampshire residents, and Senators’ desire to include funding from these four bills in the budget to achieve that purpose is at least hopeful. The Senate will have its opportunity to craft relief when it receives the budget from the House.

In addition, there seem to be an unusually large number of amendments in the budget trailer bill (HB 2) that do not pertain to budgetary matters.

For example, the Finance Committee

voted to include the text of HB 544, prohibiting the “propagation of divisive concepts,” as an amendment to HB 2, the budget trailer bill. While it is still unclear whether the full House will go along with such inclusions, this change is particularly troubling. It’s also a change that’s concerning because unlike an ordinary bill, there’s often little-to-no notice of the amendment, no opportunity for a public hearing, and little time to speak to legislators about it before they vote on it.

While there are many bills (and amendments) of concern, HB 111 has generated the most member interest this session. HB 111 is, with minimal changes, a model bill drafted by an out-of-state libertarian organization and purports to eliminate “qualified immunity”; but HB 111 goes far, far

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beyond eliminating qualified immunity. It states that in a lawsuit against a governmental “agent,” it will be no defense that the agent “could not reasonably or otherwise have been expected to know whether the such [sic] agent’s conduct was lawful,” or that the agent “acted in good faith, or . . . believed, reasonably or otherwise, that his or her conduct was lawful at the time it was committed.” In essence, it imposes strict liability on local officials and employees for any injury that results from their conduct, no matter how reasonable the conduct was. That liability is, in turn, imputed to the municipality.

In any case in which the plaintiff prevails, the municipality would be liable for all attorney fees and litigation costs. To say that this would be disastrous would be an understatement.

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Govling govorg.

STATE HOUSE REPORT from page 19 In addition to HB 111, we’ve seen budget-related bills that trouble us greatly. For example, CACR 9 is a constitutional amendment that would starve municipalities of revenue by prohibiting them from raising property tax revenues by more than two percent in any year. The limit would be “based on the actual tax of the previous year and not the rate.” In other words, a town could not increase the total amount of revenue raised from taxes by more than two percent per year, even if some significant property use change occurs during the course of the year, such as the building of a large commercial facility that would ordinarily produce more tax revenue than is allowable under this formulation.

Also in the realm of municipal finance, HB 243 would require municipalities to take numerous undefined actions with respect to their budgets.

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For example, HB 243 requires that all budgets be prepared in “full line item detail,” but the phrase “full line item detail” is not defined. The bill also requires the governing body to “publish” the “draft budget and revised versions, after making any updates to the budget,” within 5 days, in both CSV and PDF electronic formats.

NHMA has been steadfastly opposing these and other bills that would do harm to municipalities, while championing those that would make municipal governance easier. As in every year, we’ve also been relying on our members to contact their legislators to express their concerns—and approvals—of bills winding their way through the legislature. The best way to keep up to date on our activities and the activities of the legislature is to subscribe to our Legislative Bulletin. We publish every Friday during the legislative session, and it’s a criti-

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cal tool to help us let you know what’s going on in Concord and where we need your help. If you haven’t yet subscribed to receive the Bulletin every Friday, please do so. And, while we still publish a paper version, please keep in mind that the problems at the United States Postal Service and legislative committees’ tendencies to hold hearings on Monday mornings mean that those who receive the paper version are likely to receive the news of the upcoming week’s events after they’ve already occurred. Subscribing to the emailed version of the Bulletin is the best way to stay informed and ensure that you have the opportunity to voice your opinion at the legislature.

Members can contact our Government Affairs Team by calling 603.224.7447 or via email at governmentaffairs@nhmunicipal.org.

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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.

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UP CLOSE & In the Field

PERSONAL

W

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

Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Becky Baldwin, Office Manager with the Southwest Region Planning Commission.

TC: What are your duties and responsibilities as Office Manager?

BB: As the Office Manager for the Southwest Region Planning Commission (SWRPC) located in Keene, I am part of a team of dedicated individuals that provide services and assistance to our 33 member communities. I work closely with the Executive Director and others to make sure the services we provide are coordinated and completed in a timely and professional manner. My position involves direct responsibility for the agency’s financial operations. I am most popular with my co-workers on pay days.

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

BB: Keeping up with changing technology. I didn’t grow up in the computer generation and come from an era that used carbon paper, mimeograph machines and white-out. I’m not old enough to have used an abacus, although I did at one time learn how to use one, and had to do homework using pencil and paper. I have been fortunate over the years to have very patient people help me learn what I needed to know. I will admit that I’m still mystified as to how a “cloud” can be the storage place for all data.

Becky Baldwin

TC: How has NHMA helped you do your job?

BB: Over the course of my career, NHMA has always been a valuable source of information for me. It makes my job easier knowing that I can rely on a wealth of knowledge for legal and procedural questions that I encounter. I currently help provide staff support for the New Hampshire Association of Regional Planning Commissions and our partnership with NHMA helps us provide valuable planning-related educational materials through articles published in Town and City magazine and periodic webinars.

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

BB: A challenge faced by many over the past year is how to adapt and continue to perform as a productive office in light of the COVID-19 pandemic. We went from being an agency open to the public that conducted various on- and off-site meetings and workshops with our membership on a weekly basis to being closed to the public in addition to having many staff working remotely. Thanks to advanced technology, as well as a bit of trial and error, we remained able to continue to communicate with each other as well as our network of partners.

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.

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

BB: If anything, it has increased the respect I have for the individuals who serve our communities be it as paid employees or volunteers. Growing up I was always fascinated by Town Meeting and started attending them while in my teens. I was too young to be allowed to sit on the meeting floor with the voters so I would watch the proceedings from the balcony. Prior to my time at SWRPC, I was with the Town of Peterborough for 25 years. My biggest thrill was when I became a town employee and was able to sit in the front two rows with other employees and department heads.

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

BB: I have learned to respect the opinions of others. Although I may not always agree with someone else’s opinion everyone is as entitled to their views as I am to mine. When you are able to keep an open mind and listen to all sides of an issue it is easier to come up with solutions that will benefit everyone. I have also learned that dedicated volunteers working together with professionals for a common cause are important and make a difference. People should be proud of their contributions and be praised for their efforts.

NEW HAMPSHIRE TOWN AND CITY

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UP CLOSE & In the Field

PERSONAL

W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City dedicated to giving readers a closer look at staff from New Hampshire municipalities and other political subdivisions. In this issue, we hope you enjoy meeting Kathy L. Seaver, former Town Clerk-Tax Collector with the Town of Farmington.

EDITOR’S NOTE: Kathy retired after 45 years with Farmington on April 6, 2020. Kathy was the “go-to” person for many town clerks and tax collectors throughout New Hampshire. We certainly hope you are enjoying your retirement, Kathy!

TC: What were your duties and responsibilities as Town Clerk-Tax Collector?

KS: As Town Clerk-Tax Collector, I was responsible for collecting property taxes, water & sewer rents, motor vehicle registrations, vital records and various election duties for municipal and state elections as well as revenue collection from all other departments. I supervised three employees and was responsible for their training and retention. I started in 1974 and retired in April of 2020. Since retiring, I have continued to work as a fill-in person both in my town of Farmington and in my neighboring town of Milton.

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

KS: The biggest challenge was staying on top of the myriad of statute changes that we are presented with year after year.

Kathy L. Seaver

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

KS: I had developed a working relationship with Barbara Reid when she was at the Department of Revenue Administration. (NHDRA). When she began working for NHMA, I would call her when I had a “sticky” situation presented to me. She would always have an answer or find one for me. She also called me when she needed a better understanding of the inner workings of a Town Clerk-Tax Collector’s office.

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

KS: Problem solving is a part of the daily life of a Town Clerk-Tax Collector. You need to have a crystal ball AND be a detective almost every day. But when COVID hit right before my retirement date, I helped the office develop a system whereby people could still come to the office and communicate through a 2-way lock box so that all services went along as smoothly as possible and people who were uncomfortable with mail-in and on-line transactions could proceed as normally as possible.

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

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

KS: I believe that the public perception of my job is that we do little and I have been told on occasion that we do not pay property taxes! The reality is that there are so many and varied responsibilities that it is often difficult to stay on top of everything especially in a busy year like 2020 with 4 elections and a pandemic and we definitely DO pay property taxes based on the same valuation system and tax rate as everyone else.

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

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

KS: During the November Presidential election pre-processing of absentee ballots, I was helping out in the office when a call came in from a customer who had literally just received their positive COVID19 test results. My successor was tied up with pre-processing and gave me the nod to handle the situation. Between myself, The Secretary of State’s office, the Town Administrator and the Fire/EMS Department, we came up with a plan that stayed within the state statutes and was safe for everyone involved so that he and his wife (who had been diagnosed several days earlier) could cast their absentee ballots.

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Tech

Insights

By Joe Howland, VC3

Water Supply Attack Illustrates Security Lessons for Municipalities

D

uring the first week of February in Oldsmar, Florida, a hacker tried to poison the city’s water supply by increasing the amount of lye to dangerous levels. While the city fended off the attack, it’s still scary to contemplate what hackers can potentially do in 2021.

An attack on your water supply may not be one of your daily worries. However, if we look at some elements of the attack analyzed by a Cybersecurity and Infrastructure Security Agency (CISA) alert, we will see some areas of concern that overlap with your municipality’s cybersecurity strategy—or lack thereof.

3. Social engineering In its alert, CISA talks about the malicious use of TeamViewer, a software that allows people to remotely access and control your desktop. Obviously, use of this software can often be legitimate.

However, when phishing emails and social engineering tactics are used to trick an employee into giving a hacker remote access to their computer, a lot of damage can occur once the cybercriminal is inside your network. It’s imperative that you regularly train your employees about common phishing tactics, scams, and social engineering tricks while reminding them about policies related to downloading unauthorized software.

1. Password security

4. Investments in security

Poor, unenforced password policies are one of the most common vulnerabilities for municipalities. Passwords are often simple (“123456”), shared (such as administrative passwords shared among employees), rarely changed, and the same passwords used across many applications. Hackers have long been able to use automated software to hack into systems with common or breached passwords.

A password policy that requires the use of complex, unique, frequently changed passwords strongly positions you against a hack. Even better, Two-Factor Authentication (2FA) will require another step (such as inputting a code sent to your phone) that makes it difficult for a hacker to enter your systems.

2. Outdated operating systems

As of March 2021, about 16-17% of devices use Windows 7—an outdated operating system no longer supported by Microsoft. That means it’s likely many municipalities still use Windows 7. When you use an outdated operating system, you are no longer receiving security patches to shore up cybersecurity vulnerabilities. Hackers know this. They look for municipalities running outdated operating systems and exploit those systems based on widely known vulnerabilities.

Maintaining an up-to-date operating system is critical for your cybersecurity.

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Many proactive tools exist to help prevent cybersecurity attacks before they happen. In its alert, CISA recommends strong antivirus software, antispam software, and firewalls. We would go a step further and recommend Advanced Endpoint Detection. Modern antivirus software is often ineffective, by itself, against sophisticated hackers. Advanced Endpoint Detection adds an important layer of protection that helps you more proactively prevent cyberattacks while quickly isolating infected devices so that malware doesn’t spread throughout the rest of your network.

5. Security oversight

Tools are great but often ineffective without professional oversight. In its alert, CISA recommends audits that cover network configurations, Remote Desktop Protocol (RDP) security, the isolation of unsecure devices from your network, and the observation of user activity so that suspicious access can be quickly suspended. Activities such as user authentication monitoring, intrusion detection/prevention, security scanning, and Dark Web monitoring can all ensure that critical municipal operations are secure.

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

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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 Informa-

tion Security Officer and is responsible for VC3’s IT security as well as advising on security for VC3’s customers.

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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.

Visit www.vc3.com to learn more.

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25

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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COVID-19 Impacts on Transportation and Mobility Five New Hampshire regional planning commissions collectively authored the following series of snapshots to illustrate the many ways in which they can support your local planning and transportation needs.

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.

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s with most other aspects of our day-to-day living patterns and our broader economy, COVID-19 has had major impacts on the transportation sector. It has affected travel patterns regardless of whether you walk, ride a bike, drive a car, or take a bus. How long some of those impacts will last remains to be seen.

Starting with Highways: Remember spring and early summer of 2020? Did you wonder where all the cars went? As many worked from home, we experienced a major and visible impact as schools and offices shifted to remote instruction and telework, and retail and restaurants closed.

The chart shows statewide average weekly traffic volumes in 2020 relative to the same week in 2019.

Moving from left to right along the timeline, note how the volumes exceeded 2019 up through February, then plummeted in March with initial stay at home orders. Between April and August, volumes gradually recovered, briefly exceeding 2019 in August, before declining again as infection rates increased in the fall. By January 2021 volumes still lagged 2019 by 6%-10%.

continued to operate call-in demand-response services for essential medical trips. Since fixed-route services resumed in summer 2020, ridership has recovered to approximately 50%-60% of normal volumes on most systems and transit providers have implemented a range of safety protocols for riders and drivers.

The Nashua Transit System, one of the state’s largest transit providers, experienced a 52.5% decline in total ridership due to the Pandemic dropping from a total of 452,221 riders in 2019 to 214,869 in 2020.

Rad Nichols, Executive Director of the COAST transit system on the Seacoast notes “We expect the impacts of the pandemic to continue to dampen public transit ridership well into 2022 and even potentially 2023, particularly with riders who have the resources to make their trips without having to rely on public

Public Transportation – Most of the state’s public transit providers temporarily suspended their fixedroute bus service in April and May of 2020, though

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in Asia created a shortage of bicycles and components, such that most bike shops were sold out of entry- and mid-level bicycles. “Bicycles are the new toilet paper” quipped Josh Pierce, manager of Papa Wheelies Bike Shop in Portsmouth.

CVTC Volunteer Driver Delivering Groceries

transit, are now working remotely, or are taking advantage or new telehealth options.”

Paratransit services (elderly and disabled) also experienced significant declines in ridership as well as changes in rider composition and trip purpose due to COVID. The Souhegan Valley Rides program for example, experienced a 44.5% decline in year over year ridership between 2019 and 2020.

The share of ambulatory seniors using the service jumped from 39% to 55% while the share of non-seniors using the services dropped in half from 28% to 14%. Trips for healthcare and grocery shopping increased from 74% of all rides in 2019 to 90% as demand for more discretionary trips dropped off.

COVID also impacted volunteer driver programs (VDPs) across the state, which for many communities is the only transportation option for older adults or those with disabilities.

Many volunteer drivers are themselves older adults, which greatly impacted the organizations’ ability to keep and recruit drivers. Most of the programs continued to provide rides while others reinvented themselves by providing grocery delivery services and checking in on clients who otherwise would be isolated. www.nhmunicipal.org

Ridership on intercity bus services such as Boston Express and C&J have been slower to recover as air travel numbers remain depressed. Normally a month of heavy traveling, passenger volume at Logan Airport in December 2020 remained 76% below the volume from December 2019.

Bicycling & Walking – Last spring, to help reduce the stress of the statewide lockdown, many New Hampshire residents opted for walking and/or biking as a means to get out into the fresh air. COVID led to a boom in bicycle sales to the point it became difficult to find a bike to purchase. A combination of hugely increased demand and COVID-related production problems

From Pre-COVID (February-March 2019), daily pedestrian traffic increased on the Londonderry Rail Trail by 41%. Aside from fulfilling folks’ desire to get out, rail trails have the benefit of feeling safe, being away from traffic stress, and making exercise easy while remaining physically distanced from others. Similar increases in usage were noted along the Windham Rail Trail (daily volumes in 2020 were 45% higher on average).

Possible Long-Term Mobility Impacts

What will all this mean six months from now when most of the population has received a vaccine? Staff at several Regional Planning Commissions considered behavioral changes and even changes to the fabric of communities that may have far reaching impacts beyond the pandemic.

Behavioral Changes: Travel to work seems poised for permanent change.

The pandemic forced many to work from home, which challenged long-

Windham Rail Trail

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NHARPC from page 27 held concerns of employers about remote worker productivity. A national survey of corporate CFOs by Forbes found that one in five anticipated that they would keep at least 20% of their workforce working remotely postCOVID-19. Other studies have similarly predicted significant increases in fully- and partially-remote work in 2021 and beyond. A member survey conducted by the Upper Valley Business Alliance found that over half of respondents intended to keep at least some of their employees working remotely full- or part-time following the pandemic. Fewer than 15% anticipated requiring all employees to return to the workplace. Forty five percent indicated that going forward they would consider hiring new employees located outside their area to work remotely.

Still, not everyone is able to work from home and when examined, equity concerns are revealed. According to RSG, Inc’s COVID-19 Insights Panel, access to telework opportunities remains lower for Black and lower-income residents. On top of making less money, lower-income residents are spending more on commuting costs and have fewer housing options. They are the ones who will be most affected by potential reductions in public transportation services should ridership and revenues remain low.

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Travel for recreation and services may continue to change, though the trajectory will likely vary depending on the industry. Time will tell if residents continue to prefer “out the front door” recreation and working out at home versus paying for a gym membership or traveling by car to reach recreation destinations. Creative business response to delivery services has changed our dining behavior as the “get it to go” model grows. Shopping online has increased significantly as witnessed by the growth in the number of delivery vans and packages on the stoop. These behavior changes, including telehealth, have also contributed to a reduction in the number of trips per household which will likely continue in 2021.

Community Changes: During the pandemic, many of us experienced unique solutions to our downtown walking spaces as communities repurposed parking areas and the use of streets. Parking spaces and travel lanes were reclaimed for outdoor dining and public walking space. Some communities, such as Derry, even reviewed their policies to allow for seasonal parklets.

People will always want and need to make connections. This past year has seen many innovative solutions to ensure we do connect. Moving ahead, whether virtually or in person and by what means, will undoubtedly be accomplished in our own unique New Hampshire style.

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Resources:

https://rsginc.com/insights/the-people-telework-has-left-behind/ Contributors: (PC= Planning Commission) Alex Belensz (Upper Valley Lake Sunapee Reg'l PC) abelensz@uvlsrpc.org Scott Bogle (Rockingham PC) sbogle@therpc.org Adam Hlasny (Southern New Hampshire PC) ahlasny@snhpc.org Jay Minkarah (Nashua Regional PC) JayM@nashuarpc.org Cam Prolman (Southern New Hampshire PC) cprolman@snhpc.org Sylvia von Aulock (Southern New Hampshire PC) svonaulock@snhpc.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 The Oath of Office for Municipal Officials

By Stephen C. Buckley, Municipal Services Counsel This column will summarize the requirements for local officials to take an oath of office, providing guidance on the who, what, when, why and how of the oath of office in New Hampshire.

Q: What is New Hampshire’s oath of office?

A: As provided in RSA 40:2, every town officer must take the following oath of office prescribed in Pt. II, Article 84 of the NH Constitution: I, A. B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitutions thereof.

So help me God. I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as___________________ , according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God. Q: Who are the “town officers” who must take the oath of office?

A: The term “town officer” is not defined, although N.H. Const. Pt. II, Article. 84 states that civil officers who are chosen must take the oath. This strongly suggests both appointed and elected statutory officers shall take the oath of office (e.g., select board, planning board, town clerk, tax collector, etc.). For members of a board or committee created by the select board, taking the oath of office would be optional, but nevertheless recommended. This requirement that elected town officials take the oath of office is stated unambiguously in RSA 669:9. Elsewhere an oath of office is required by statute for the following positions: Assistant Moderator, RSA 40:3-a, RSA 658:7; Police Officers, RSA 105:2; and a deputy clerk or assistant who is assisting 30

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with receiving absentee ballots, RSA 669:1-a, VIII and RSA 669:26, II (c).

Q: How does taking the oath of office have a bearing on serving as a town officer, elected or appointed?

A: Taking the oath of office is a precondition to serving as a public official for appointed or elected members of a public body. RSA 92: 2 provides: “No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.”

Q: What oath of office statutes apply to city officers?

A: The statute that governs city charters, RSA chapter 49-C, mandates that “every person elected or appointed to any city office before entering upon the duties of his office shall take and subscribe to an oath of office, as provided by law, which shall be filed and kept in the office of the city.” In addition, under RSA 46:4 when first convening after being elected, the mayor, aldermen and council members must take the oath of office, which must be recorded by the clerk. RSA 46:5.

Q: When should elected town officials be sworn in?

A: The applicable statute, RSA 42:3, is slightly confusing.

It could plausibly be interpreted to allow a newly elected official to be sworn in after the recount period but before the business session, but only if she was running in a contested race. However, the better interpretation is that all newly elected officials should not be sworn in until after www.nhmunicipal.org

the business session ends. This was modified in Emergency Order #23, paragraph 9, which allowed the swearing in of newly elected officers before the business meeting was concluded due to town meeting postponements in 2020. However, where a town uses Emergency Order #83 to postpone an annual meeting, all office holders who terms would have expired in 2021 have their terms of office extended until the business meeting is concluded. In those circumstances, those who were elected at the official ballot voting day cannot take the oath of office and assume office until the conclusion of any postponed business meeting.

Q: Who records and keeps on file a certificate of taking the oath of office?

Q: Who can administer the oath of office?

A: Fortunately, the acts of officials who inadvertently have failed to take an oath of office are generally valid as the decisions of “de facto” officials. “It is held here and everywhere that one who assumes a public office under color of an election or appointment

A: The moderator, town clerk, one of the selectmen or a justice of the peace are authorized to administer the oath of office. RSA 42:2

A: The town clerk must make a record of every oath of office taken in open town meeting, or taken at any other time and place, and shall record and keep on file every oath of office certificate. RSA 42:8.

Q: What happens if we are not sure that all our officials have taken an oath of office. How does that affect the decisions they have already made?

illegal in fact is a de facto officer, and his official acts are valid as to third persons when they are not from their nature or by express statutory enactment void.” State v. Boiselle, 83 N.H. 339, 341 (1928). “To qualify as a de facto officer, the officer’s title need not be good in law but she must be in unobstructed possession of her office and discharging its duties in full view of the public.” State v. Doyle, 156 N.H. 306, 310 (2007). Needless to say, the official should be sworn in as soon as the error is detected.

Q: What happens if a term of office has expired but we have not yet appointed or reappointed an office holder?

A: Under RSA 41:3 “all town officers shall continue in office until the next annual meeting and until others shall be chosen or appointed and qualified

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LEGAL Q&A from page 31 in their stead, except in cases where the law otherwise directs.” This means that for elected officials they continue to hold office, and may conduct public business until any newly elected officials are sworn in. For appointed officials, RSA 41:57-a provides that “the term of office of any appointed town officer shall begin upon his or her appointment and qualification for office and shall end upon the appointment and qualification of his or her successor.” So, if the incumbent is willing, he or she is entitled to serve on a holdover basis until a replacement is appointed and sworn in. The terms of office of land use board members are explicitly extended until a successor has been appointed and qualified. RSA 673:5, III. Q: What happens if a person who has been elected fails to take the oath of office?

A: A vacancy is declared if after his election a person fails to take the oath

of office within the prescribed time period. RSA 652:12, IV. Under RSA 42:6, the time for taking the oath is not later than 30 days after the person’s election (except for a delay occasion by postponement under Emergency Order #83).

Q: How does the oath of office govern the conduct of the office holder?

A: In general, not complying with the oath of office by not upholding the New Hampshire or US Constitutions, or by not discharging public duties consistent with New Hampshire law and regulations, can be a basis for being removed from office. RSA 42:1/ Under RSA 42:1-a, the Superior Court can remove an office holder for divulging confidential information learned by virtue of his official position, or in the course of his official duties if:

such information would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or would render proposed municipal action ineffective; or (b) The officer knew or reasonably should have known that the information was exempt from disclosure pursuant to RSA 91-A:5, and that its divulgence would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or agency, or would render proposed municipal action ineffective.

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.

(a) A public body properly voted to withhold that information from the public by a vote of 2/3, as required by RSA 91-A:3, III, and if divulgence of

WEEKLY WEEKLY MEMBERSHIP Please Join Join Us! Us! MEMBERSHIP Please CALL CALL FRIDAYS AT AT 1:00 1:00 PM PM IN IN MAY MAY AND AND JUNE! JUNE! FRIDAYS

NHMA’s legal services and government affairs attorneys host a weekly call for municipal officials and employees on municipal issues NHMA’s legal services and government affairs attorneys host a weekly call for municipal officials and municipal and concerns.

All member officials from member municipalities are encouraged to participate.

Theemployees purpose ofonthe call is toissues learn and concerns.

All member officials from member municipalities are encouraged to participate.

The purpose of the call is to learn about continuing and new issues municipalities are facing, as well as to try to answer your questions. about continuing and new issues municipalities are facing, as well as to try to answer your questions.

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NLC’s Message to Congress: Cities are Ready to Rebuild As Congress and the new Administration prepare to follow the emergency relief of the American Rescue Plan with an economic Recovery Plan to restore economic security to our nation, the National League of Cities (NLC) released seven key goals for Congress and the Administration to work together with cities, towns and villages on as they advance this next critical step of legislation.

NLC’s message to Congress is that “cities are ready to rebuild.” Congress can partner directly with local governments – the most trusted level of government – who are also best positioned to select and complete the projects that matter most to the communities we serve together. Together, local governments, Congress and the Administration can address our nation’s infrastructure challenges and chart a path to economic recovery by emphasizing the following priorities: 1. Rebuild Transportation Connectivity Local governments own and manage 80 percent of the nation’s urban, suburban, and rural roads and have invested substantial local resources in regional connectivity and safety. Without federal support, infrastructure demands outpace local lines of credit and revenue options.

2. Support Investments in Water Infrastructure Local governments provide over 95 percent of the total funding for U.S. water infrastructure. With the nation’s growing water infrastructure needs, it is evident that our country must make substantial investments to repair and replace our nation’s aging water delivery and treatment systems.

3. Support Broadband Access for All Communities Local governments have led the way throughout the pandemic in measuring access gaps in their communities and seeking emergency solutions, such as mobile hotspots and public wi-fi access points in parks. As we recover and rebuild, Congress must invest in sustainable locally-led solutions to close the digital divide in rural, suburban, and urban communities.

4. Build Community Resilience Last year, communities simultaneously faced a record number of climate-related disasters, such as wildfires, extreme heat, and hurricanes, which further increased fiscal pressure on local governments, residents, and businesses. Local governments are first responders on the front lines of delivering services and protecting residents. While cities are prepared to forge ahead on these initiatives and actions, we urge the federal government to be a partner in these efforts in order to ensure the long-term strength of our economy and build resilient communities.

5. Enhance Parks, Neighborhoods and Housing Targeted investments in parks, recreation, housing, and other neighborhood amenities should be coordinated alongside infrastructure improvements. Parks, natural areas and green infrastructure provide a multitude of neighborhood benefits, including stormwater management, providing recreation opportunities, extending the life of local infrastructure, saving local governments and taxpayers money, positive impacts on public health, and community resilience and well-being. Housing stability is a prerequisite for economic mobility, job security and health and well-being. These investments make a community a great place to live, work and play. America’s parks have never been more in demand than they are during the pandemic, making inequities in access to outdoor spaces more acute.

6. Invest in Workforce and Skills Development The COVID-19 pandemic has had an inequitable impact on workers, especially those without an education past high school, workers of color, and women. In addition to creating jobs, a successful infrastructure and economic development package will invest in training and pathways to employment that ensure local workers who are unemployed or seeking upgraded employment can successfully secure these critical jobs. Congress can enable infrastructure investments that will increase local employment, business contracts and overall investment in the economy by ensuring investment meets the current demand.

7. Update Local Infrastructure Financing Tools Municipal bonds finance three-quarters of the total U.S. investment in infrastructure, and over the past decade, $3.8 trillion in municipal bonds were used to address the most pressing infrastructure needs. This is estimated to save taxpayers an average of 20 to 25 percent on interest costs with tax-exempt municipal bonds as compared to taxable bonds.

More details and information about NLC’s seven-point infrastructure plan is available here: https://www.nlc.org/article/2021/03/29/seven-local-goals-for-recovery-legislation/ www.nhmunicipal.org

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The

HR

REPORT

To Mandate or Not to Mandate – The Vaccine Question on Everyone’s Mind

By Anna B. Cole, Esq.

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s of the date this article was written, over 89 million Americans are fully vaccinated, or have received their first vaccine shot, against COVID-19. President Biden has committed that will be sufficient supplies of vaccines for all adults by May 1st. While the prospect of “herd immunity” and thus a hoped-for return to “normality” remains a relatively distant prospect, the increasingly ready availability of the vaccine has caused employers to ask themselves – What would higher vaccination rates among my employees mean for my workplace? Can I require my employees to be vaccinated? If so, should I? As always, these are complicated questions that require employers to carefully consider their goals and balance the risks of different approaches.

First, is it lawful for employers, including public employers, to require that employees provide proof of vaccination or face termination of employment as a consequence? While this question has not been tested by the United Supreme Court in over 100 years, the answer is likely yes, depending on the specifics of the employer’s rule. In Jacobson v. Massachusetts, 197 U.S. 11 (1905), the Supreme Court upheld a vaccination law requiring residents of Massachusetts to be vaccinated against smallpox. The Supreme Court has never revisited or overturned its Jacobson decision. While it is not possible to predict whether the current Court would continue to support Jacobson, under current law mandatory vaccination rules will not be considered to unconstitutionally infringe on a person’s liberty interest so long the rule is “rationally related” to the government’s interest in keeping people safe.

Looking beyond the Constitution to other potential legal challenges, it is important to note that the currently available vaccines have only been authorized for “emergency use” by the Federal Drug Administration. As a condition of that authorization, the Secretary of Health and Human Services requires that individuals be informed that they can refuse the vaccine and of the consequences for refusing, if any. Some have viewed the Emergency Use Authorization (EUA) as preventing employers from mandating vaccination. While this issue has yet to be tested in the courts, there is a good argument that the EUA only outlaws forced vaccination programs, not programs that require individuals to make a hard choice. In fact, the EUA itself contemplates that there could be consequences for an individual that refuses the vaccine. Therefore, while there are arguments on both sides, the EUA does not clearly prohibit employers from mandating the vaccine.

Considering the above, could a risk-tolerant employer adopt a lawful absolute vaccine mandate for its workplace? No. Title VII of the Civil Rights Act of 1964 protects employees against, among other things, discrimination on the basis of religion, and the Americans with Disabilities Act protects employees against 34

NEW HAMPSHIRE TOWN AND CITY

discrimination on the basis of a physical or mental disability.

Additionally, both religion and disability are protected statuses under New Hampshire’s corollary Law Against Discrimination, RSA 354-A. An employer who adopts a mandatory policy would, therefore, be required to make efforts to accommodate those employees with religious objections or disabilities that prevent them from becoming vaccinated. An employer inclined to adopt a workplace vaccine policy should make sure that it contain an express recognition of this obligation.

This brings us to the second important question – even if lawful, should employers adopt a workplace vaccine requirement? One argument in favor is that vaccinated employees who engage in international or cruise ship travel and/or who come into close contact with a person with COVID-19 do not need to quarantine. Therefore, the more vaccinated employees in the workplace, the lower the risk of service interruptions due to unanticipated employee absences. However, most employers are looking for a larger “return to normalcy” – specifically, the relaxation of the COVID protocols that have been so disruptive to easy employee engagement that we all took for granted in 2019. Unfortunately, a workplace vaccination rule will not accomplish that goal. Currently, the CDC continues to recommend that employers maintain their COVID-19 safety precautions, including masking and social distancing, to the extent both vaccinated and unvaccinated individuals are in the workplace. Additionally, Governor Sununu’s Universal Guidelines for New Hampshire Employers and Employees, which requires masking and social distancing, remain in effect. Therefore, regardless of the vaccine status of employees, workplaces must continue to implement their COVID-19 precautions, at least for now. Additionally, for unionized workplaces, it is likely that unions would take the position that a workplace vaccination rule is a mandatory subject of bargaining that could not be implemented without the union’s agreement. While there are arguments to be made on the other side of this position, as a result of the potential risk and the relatively minimal upside, most public employers in the state are currently encouraging, but not mandating, vaccines.

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

VIRTUAL WORKSHOP! Building inspectors, code enforcement officers, fire chiefs, health inspectors, and various other municipal officials are responsible for the enforcement of a variety of codes, regulations, and ordinances related to the use of land. These include both local regulations, such as zoning ordinances, site plan and subdivision regulations, health regulations, and the conditions of approval that accompany many land use board approvals, as well as state law, such as the State Building and Fire Code and statutes governing junkyards.

Effectively enforcing these various codes and regulations can pose a challenge to municipalities. Join Attorneys Matt Serge and Christine Fillmore from the law firm of Drummond Woodsum, for this half-day virtual workshop which will provide municipal officials with practical guidance on how to navigate the nuanced procedures associated with code enforcement, as well as practical advice in pursuing an enforcement action against noncompliant property owners. Our legal experts will address some of the most difficult issues under the law, including junkyards, dilapidated buildings, and health codes. There will be ample time for questions and answers.

A Guide to Effective Code Enforcement Virtual Workshop 9:00 am—12: 00 pm Thursday, May 20, 2021

Cost is $55

For registration information, visit www.nhmunicipal.org under Calendar of Events.

Questions? Call US AT 603.224.7447 or email NHMAregistrations@nhmunicipal.org.

www.nhmunicipal.org

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Court

Update

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

Now available online:

April 2021 Written Legal Advice can be Subject to Disclosure under the Right-to-Know Law Hampstead School Board v. SAU #55, New Hampshire Supreme Court Case No. 2020-0268, 04/20/2021

February 2021 A Late Filed Claim for a Charitable Exemption under RSA 72:23-c Not Supported by a Contemporaneous Claim of Accident, Mistake or Misfortune Properly Denied by Town, New London Hospital v. Town of Newport, New Hampshire Supreme Court Case No. 2019-0616, 02/09/2021

January 2021 An Easement Exists Over a Discontinued Highway When the Easement is Reasonably Necessary for Access, Lauren Shearer v. Ronald Raymond, New Hampshire Supreme Court Case No. 2019-068, 01/13/2021

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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 are pleased to continue the print edition to member subscribers, however, should to youdeliver find the digisubscribers, find thea digitalmember version sufficienthowever, and noshould longeryourequire 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 to move a print Thank your consideration move from a print Thank you you for for totomove from afrom print contacting Tim Fortier. edition to of of Town andand CityCity magazine. edition to aa digital digitalversion version Town magazine. edition to a digital version of Town and City magazine.

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 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 magazine. tfortier@nhmunicipal.org tfortier@nhmunicipal.org

tfortier@nhmunicipal.org

Help Us Out! Go Green with Town and City!

3

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

Your Partner — Always We’re here for you.

In addition to offering comprehensive coverage and risk management training, Primex3 consultants are always available to help you navigate challenges – including Human Resource and Legal matters, Cyber Security concerns, and much more.

We know your needs are evolving, and so are we.

Not sure? Give us a call.

800.698.2364 Bow Brook Place 46 Donovan Street Concord, NH 03301-2624

www.nhmunicipal.org

Trust. Excellence. Service.

Offering Property & Liability, Workers’ Compensation, and Unemployment Compensation Programs to NH municipalities, schools, counties and special districts.

800-698-2364 603-225-2841 www.nhprimex.org

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CONCRETE REPAIR & OVERLAY MORTAR

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CALL TODAY FOR A NO OBLIGATION DEMONSTRATION! 38

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Please Update Local Municipal Roster by May 31st!

If you are the Account Administrator for your city or town, or have been assigned the role to Manage Organization and/or Manage Officials for your city or town, these instructions are for you! It is important that you update your roster of municipal officials by May 31st for inclusion in our 2021-2022 Municipal Officials Directory.

STEP ONE: Go to Manage Organization Please log onto www.nhmunicipal.org and go to Manage Organization in the Members Account Administration (green) box. This is the section where you confirm office hours, mailing address, email information, website address, etc. pertaining to your local municipal operations. If you don't know who in your city or town has access to do this, please send an email to nhmainfo@nhmunicipal.org requesting who your Account Administrator is for your city of town.

If you don't see the Member Benefits box after you login as a member, please hit the NHMA logo in the upper lefthand corner like a "reset" or "refresh" button, the Member Benefits and Member Account Administration boxes should "reappear" beneath the NHMA logo. Under Manage Organization, you will see a screen requesting certain information regarding employee benefits. Please indicate whether your city or town has any collective bargaining agreements, whether it offers health insurance to employees, and what percentage employees contribute toward health care coverage.

STEP TWO: Go to Manage Officials Under Manage Officials, we ask that you add, remove, and update the names and contact information of your local municipal roster resulting from the most recent election. For each municipal employee/position on your municipal roster, you will see a new screen asking if this position will receive a hard or digital copy of Town and City magazine. That's it!

It's that easy!

Help Us Go Green - Request a Digital Copy of New Hampshire Town and City Magazine!

Members are allocated a certain number of print or hard copies of New Hampshire Town and City magazine according to our existing Subscription Policy . As you input new officials or make revisions to existing officials, please indicate if this individual will receive a print/hard copy or a digital copy of this magazine. We are pleased to continue to deliver the print editions to member subscribers, however; should you find the digital version sufficient enough, please switch to a digital copy today!

Please Input Wage Data 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 member "input," so we strongly encourage all our members to participate in this Wage Survey.

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 these 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 updating your municipal roster and for your participation in the wage survey this year.

www.nhmunicipal.org

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Academy for Good Governance FREE Certificate Program The Academy for Good Governance is a series of six courses created by NHMA and Primex, exclusively for elected governing body members (select board, town council, city council, board of aldermen, school board, and village district commissioners). Courses are taught by experienced attorneys and staff from NHMA, Primex, HealthTrust, and the New Hampshire School Boards Association (NHSBA). Attendees will receive education and training intended to make them more knowledgeable and effective in their governing body roles.

Attendance at the Academy is free and open to governing body members from municipalities and school districts that are members of NHMA, Primex and NHSBA. Space is limited, and registration will open on the NHMA website in March. Attendees must attend all six courses to receive a Certificate of Completion. All classes run 5:00 pm—7:00 pm with two classes in June, two in September and two in October.

WHO CAN ATTEND? Select board members—Town councilors—School board members—City councilors Board of Aldermen—Village districts commissioners

CREATE NEW CONNECTIONS Don’t miss this chance to build your skills and connect with fellow municipal officials! Find out more:

TENTATIVE TOPICS Governance & Governing Body Authority Presented by NHMA/NHSBA

www.nhmunicipal.org/workshops

Budget & Finance Presented by NHMA

Questions?

Employment Liability/Harassment Presented by Primex Contracts and General Risk Management

Call NHMA’s Event Coordinator Ashley Methot at 603 -230-3350 or email NHMAregistrations@nhmunicipal.org.

Presented by Primex Health Care and Affordable Care Act Presented by HealthTrust Effective Public Meetings Presented by NHMA/NHSBA

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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.

www.nhmunicipal.org

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2021 Municipal Trustees Introductory Training Virtual Workshop 9:00 am—3:00 pm, Thursday, June 10, 2021

! n o i Attent $55

Trustees of Trust Funds

Municipal trustees—cemetery trustees, library trustees, trustees of trust funds—have very important and varied duties. This introductory virtual workshop is geared to give you the tools you need to perform your duties legally and understandably.

Thursday, June 10, 2021 9:00 am - 9:10 am: Introduction to Charitable Trusts Division 9:10 am - 10:40 am: A Little Help From My Friends Terry Knowles, Emeritus Assistant Director 10:40 am - 10:45 am: Break 10:45 am - 12:15 pm: Governance and Right-to-Know Law 12:15 pm - 12:30 pm: Lunch 12:30 pm - 2:00 pm: Trust Fund Administration

FOR ADDITIONAL DETAILS AND REGISTRATION Please call us at 603.224.7447 or email us at registrations@nhmunicipal.org.

Please Join Us! 42

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

— This Moment in NHMA History — 37 years ago…

In November 1984, voters approved Question 2 on the Constitutional referendum ballot. By their 70.5% approval, the people prohibited the state from mandating new or expanded programs or activities without providing the necessary funding. By this action, New Hampshire became the 17th state to enact some form of Constitutional or statutory restriction on state-mandated costs.

Voters approved the advent of annual legislative sessions by their approval of Question 3 on the Constitutional referendum ballot. The thought of the legislature operating year-round caused heartburn for many municipal officials as there would be little opportunity to adjust to statutory changes resulting in more confusion, greater expense and possibly increased litigation.

The legislature earmarked an additional $13 million in local aid, primarily in the area of education, and relieved communities from a significant share of the cost of state retirement for their employees for a year.

?

THAT

Name this city or town in which these town offices reside. It is named in honor of a famed lawyer/statesmen/legislator/orator who had been born in Salisbury and began his legal practice in Boscawen.

According to its town website, the reasons for the separation of this town and Boscawen seem not to have been well-documented but may have involved issues of local control and taxation. (Sound familiar?)

OR

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

?

NAME TOWN

CITY

? ?

www.nhmunicipal.org

ANSWER TO PHOTO IN THE MARCH/APRIL ISSUE: The photo on page 44 in the last issue of New Hampshire Town and City magazine is that of the town hall and offices in the Town of Stratford.

Thanks to Bruce Kneuer (NHDRA); Diane Town (Charlestown); Marshall A. Buttrick (Greenville), Angie Nichols (Sanbornville); and Bill Herman (Auburn) who all responded with the correct answer. Thanks so much for playing along with us!

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New Hampshire Municipal Association Free VIRTUAL workshop for newly-elected and seasoned municipal officials and employees of member municipalities.

2021 Local Officials Workshop

Free Virtual

Training Event!

JOIN US ON MAY 18TH! 9:00 am—4:00 pm Tuesday, May 18, 2021 Presented by NHMA's Legal Services attorneys, this complimentary live virtual workshop provides municipal officials with the tools and information to effectively serve your communities. This workshop is tailored for new and experienced municipal officials. Topics will include the Right-to-Know Law, managing local government in a pandemic, ethics and conflicts, running effective meetings, town governance, municipal roads, budget and finance and more. This program will also include a presentation on hot topics pending before the NH Legislature of concern to municipal officials. Ample time allowed for questions, answers, and discussion.

For more information and to register visit: www.nhmuncipal.org

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NEW HAMPSHIRE TOWN AND CITY

Attendees will receive a complimentary copy of NHMA’s 2021 edition of the publication, Knowing the Territory.

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

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25 Triangle Park Drive Concord, NH 03301

Staying Healthy is More Fun When You Do It Together

HealthTrust collaborates with our Member Groups to provide the resources New Hampshire’s families need to stay healthy and enjoy the special moments of everyday life.

• Comprehensive benefit plans • SmartShopper • Slice of Life wellness program

• HealthTrust 360 programs • LifeResources Employee Assistance Program • LiveHealth Online

Working together makes us all stronger and we deeply appreciate all you do to keep New Hampshire’s communities safe and healthy.

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 | LifeResources Employee Assistance Program LiveHealth Online | SmartShopper | Grand Rounds