New Hampshire Town and City, March - April, 2018

March/April 2018

TownandCity N E W

H A M P S H I R E

In This Issue:

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

Spring Roadside Cleaning.................................................. 10 Water Management To Reduce Spring Flooding............ 19 Coming to an Ash Tree Near You...................................... 21 Stop Mud Season from Making your Community Trails a Mess......................................................................... 27

Contents Table of

Volume LXI • Number 2

March/April 2018

3 A Message from the NHMA Board Chair 5 Happenings 9 Upcoming Events 32 HR Report: Seasonal Employees…and the WellSeasoned Employee 34 Best Practice Series: Time to Update Mandatory Workplace Posters 35 This Moment in NHMA History/Name That City or Town 36 Affiliate Member Spotlight:

New Hampshire Library Trustees Association 37 NLC Report: Investing in Flood Mitigation Programs 38 NHARPC Report: Rising Seas: Impacting More than Just the Ebb and Flow of the Tides 40 Up Close and Personal in the Field: Charlene Lovett 42 Legal Q and A: Weight Restrictions on Local Roads

New Hampshire Town and City Magazine Staff

Executive Director Editor in Chief

Judy A. Silva Timothy W. Fortier

Contributing Editors Margaret M.L. Byrnes

Barbara T. Reid Art Director

Scott H. Gagne

Production/Design

Scott H. Gagne

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Spring Roadside Cleaning: Challenges Cities and Towns Face Managing Liability Associated with Street Wastes

15

Springtime Thaw: New Tools To Help Local Decision-makers During Mud Season

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Water Management To Reduce Spring Flooding

21

Coming to an Ash Tree Near You: Emerald Ash Borer in New Hampshire’s Towns and Cities

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Stop Mud Season from Making your Community Trails a Mess

Cover Photo: Muddy boots compliments of the French South Trail in The Tucker & French Family Forest in Kingston, NH. Photo by Margaret M.L. Byrnes, NHMA Staff Attorney.

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 2018 New Hampshire Municipal Association

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MARCH/APRIL 2018

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New Hampshire Municipal Association

B OA R D O F D I R E C TO R S Brent Lemire - Chair Selectman, Litchfield

Donna Nashawaty - Vice Chair Town Manager, Sunapee

Shaun Mulholland - Treasurer Manager, Lebanon

Candace Bouchard - Secretary Councilor, Concord

Scott Myers Immediate Past Chair City Manager, Laconia

Butch Burbank Town Manager, Lincoln

David Caron Town Administrator, Derry

Shelagh Connelly Selectman, Holderness

Phil D’Avanza Planning Board, Goffstown

Lisa Drabik Asst. Town Manager, Londonderry

M. Chris Dwyer Councilor, Portsmouth

Stephen Fournier Town Administrator, Newmarket

Elizabeth Fox Asst. City Manager, HR Director, Keene

Katie Gargano Clerk/Tax Collector, Franklin

Bill Herman Town Administrator, Auburn

Rick Hiland Selectman, Albany

Christopher Herbert Alderman, Manchester

Harold Lynde Selectman, Pelham

Jim Maggiore Selectman, North Hampton

Carolyn McCarley Mayor, Rochester

John Scruton Town Administrator, Barrington

David Stack Town Administrator, Bow

Eric Stohl Selectman, Columbia

David Swenson Selectman, New Durham

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NEW HAMPSHIRE TOWN AND CITY

As of January 25, 2018

www.nhmunicipal.org

MUNICIPAL ENGINEERING

A Message from the

Supporting NH Municipalities Since 1962

TRANSPORTATION

Roads, Bridges, Sidewalks, Traffic, Airports

SITE DEVELOPMENT Civil/Site, Stormwater, Survey, Permitting

NATURAL RESOURCES Wetlands, Dams, River Restoration

WATER/WASTEWATER Collection, Treatment, Storage, Distribution

FACILITIES

Mechanical, Electrical, and Structural Engineering

Bedford 603-637-1043 Laconia 603-524-1166

www.dubois-king.com

NHMA Board Chair

I

Brent Lemire

t’s that time of year again in New Hampshire. It’s mud season. Mud season is that period in late winter/early spring when the snow and frozen ground melt and everything becomes muddy. It is also the time when potholes open up and swallow cars whole on paved roadways and giant puddles gather on the side of paved roads from melting snow with no place to go. This issue of New Hampshire Town and City is all about “mud season.”

In this issue, University of New Hampshire Professor Jennifer Jacobs details the actual science behind mud season, namely the freeze-thaw cycle. Professor Jacobs, together in collaboration with the Infrastructure & Climate Network and others, has developed a web-based tool to assist municipal public works officials and road agents through a freeze-thaw map interface that allows road managers to better assess when local road restrictions should be applied or suspended.

And when all the snow melts, road agents and public work crews are then faced with spring roadside cleanup. Keith Dubois, Assistant Director of the Waste Management Division at the New Hampshire Department of Environmental Services, has authored our feature article exploring the challenges cities and towns face with managing liability associated with street wastes. Street wastes are a growing concern to state environmental officials since runoff can carry contaminants into waterways and negatively impact surface water quality, drinking water and the biota present in lakes, rivers and streams. In short, Dubois recommends municipalities review their current procedures for managing transportation infrastructure related wastes to assure they are in compliance with existing Solid Waste Rules.

And to refresh all the legal nuances associated with mud season, NHMA’s Legal Services Counsel, Stephen Buckley, offers readers some helpful legal tips to keep in mind when setting weight restriction on your local roadways.

Although it may be mud season this spring, it is always legislative season in New Hampshire. NHMA is now recruiting volunteers to serve on our three legislative policy committees to review proposals and make recommendations for NHMA’s Legislative Policy Conference to be held in September. We need your help – you are uniquely qualified to help legislators understand how pending legislation affects your city or town. Check out the details on page 24 in this issue.

www.nhmunicipal.org

Warmest regards, Brent Lemire NHMA Board Chair

MARCH/APRIL 2018

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Municipal Social Media Policies and Free Speech Wednesday, March 14, 2018 12:00 pm—1:00 pm

Upcoming Webinars NHMA will be hosting two webinars in March and April for members of the New Hampshire Municipal Association.

Municipal Social Media Policies and Free Speech

Social media policies can be a challenge for local government.

There is a need to balance the interests of citizens and employees to exercise their First Amendment rights against the needs of local government to run an effective and efficient work place. These concerns are heightened by statutory free speech protections enjoyed by government employees under RSA 98-E.

Join Attorney Thomas Closson of Jackson Lewis P.C. and Stephen C. Buckley, NHMA’s Legal Services Counsel who will discuss what public employers must consider before taking adverse action against an employee based on their social media policy. Attorney Buckley will address First Amendment protections afforded to public sector employee’s speech and Attorney Closson will review “lessons learned” from a recently settled case involving social media policies and a small town in New Hampshire. In short, we hope members will learn how to better develop and manage social media polices for your local government.

Legislative Half-time

Wednesday, April 4, 2018 12:00 pm—1:00 pm

It’s half-time and time for teams to swap ends of the field of play.

Legislative Half-time

Join Government Affairs Counsel Cordell Johnston and Government Finance Advisor Barbara Reid for a look at the status of legislation affecting municipalities after "Crossover."

Crossover is the date by which a bill must pass either the House or the Senate in order to "cross over" to the other chamber for consideration.

This webinar will discuss the current status of bills at the State House, and offer a postmortem on a few that have been killed. The discussion will include, among others, assessing issues, water quality standards, the Right-to-Know law, the retirement system, planning and zoning issues, election law matters, and of course, postponement of town meeting.

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

Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

HAPPENINGS Talk to Me: A Year-end Look at Legal Services

NHMA’s staff includes two attorneys who are available to answer inquiries and provide general legal assistance by email and telephone to elected and appointed officials from member towns, cities and village districts.

More specifically, NHMA’s Legal Services Department, comprised of Attorneys Stephen Buckley and Margaret Byrnes, tackled 3,175 total inquiries in 2017.

Based on inquiries received in 2017, the most pressing legal issues facing our members by subject matter is as follows:

2017 TOP LEGAL INQUIRIES 1. Selectmen’s Authority & Procedures 2. Planning Board 3. Right-to-Know Law 4. Town Meeting 5. Governmental Records 6. Nonpublic Sessions 7. Warrant Articles 8. Highways 9. Elections 10. Employment

If you have a legal issue, and have permission to call, don’t hesitate to give Steve and Margaret a call. They can be reached at 800.852.3358 or by email at legalinquiries@nhmunicipal.org.

www.nhmunicipal.org

NHMA Board of Director, Chris Dwyer, Receives Prestigious “Eileen D. Foley” Award

Friends Forever will be presenting the 2018 Eileen Foley Award to Portsmouth City Councilor Chris Dwyer at its annual dinner and roast in March.

Friends Forever annually presents the Eileen Foley Award to a New Hampshire citizen who takes personal responsibility in making the world a better place. A former Portsmouth mayor, Eileen D. Foley, dedicated her career to public service and charitable causes.

Chris has been active in the Portsmouth community for many years and was recently elected to her seventh term as a Portsmouth City Councilor where she is admired by her colleagues for taking on the most challenging projects such as the middle school renovation, leading the Prescott Park Master Plan, and working on affordable housing.

Chris has served on NHMA’s board of director since 2010. Congratulations Chris, a most worthy recognition for an individual who has given so much of yourself to your community and causes important to you.

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HAPPENINGS from page 5

Over 100 Local and School Officials Attend Moderator’s Workshops NHMA presented two Moderator’s Workshops in January and February to over 100 local government officials aimed at supporting town, village district, and school district moderators.

Training provided by NHMA’s legal team, Stephen Buckley and Margaret Byrnes, focused on the basic statutes governing the moderator’s duties at town meeting. Participants were provided sample scenarios to help prepare them for a wide range of meeting challenges. Since moderators are faced with the challenging task of keeping the

meeting focused and fair to all participants, special attention was focused on

providing successful strategies for running respectful and efficient meetings.

THURSDAY

SAVE the DATE! 8:00 A.M.—1:00 P.M.

Mount Sunapee Resort

MAY 24

2018

Newbury, NH

THE 31st ANNUAL MOUNTAIN OF DEMONSTRATIONS Presented by the NH Road Agents Association NH Road Agents Association Scholarship Program

MEMBERS—

Every year NHRAA awards two $1,000 scholarships to a son or daughter of an NHRAA member! For more information please contact 603.526.6337

This event is held rain or shine. We hope to see you there!

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

www.nhmunicipal.org

MARCH/APRIL 2018

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2018 Local Officials Workshops FREE workshops

for seasoned and new municipal officials and employees of NHMA member municipalities.

Presented by NHMA’s Legal Services attorneys, these workshops provide municipal officials with tools and information to effectively serve their communities. Topics will include the Right-to-Know Law, ethics and conflicts, town governance, municipal roads, and more. Ample time allowed for questions, answers, and discussion.

9:00 am— 4:00 pm Registration begins at 8:30 am

12:00 noon —1:00 pm

Workshop is free, but lunch is on your own!

LUNCH ON YOUR OWN! Continental breakfast will be provided.

Time provided for attendees to get lunch!

Register Today! No Registration Fee.

To register online, please visit www.nhmunicipal.org and click on the Calendar of Events.

Cancellation must be received 48 hours in advance. If cancellation is not received 48 hours in advance. NHMA will charge you $20 to cover workshop costs, including meals.

Questions? Please call 800.852.3358, ext. 3350 or email NHMAregistrations@nhmunicipal.org

Sponsored by:

DATES AND LOCATIONS Monday, April 9—Grantham Town Hall, Grantham Monday, April 16—Peterborough Community Center, Peterborough Tuesday, May 8—Kent Auditorium, Town Hall, Newington Tuesday, May 15—Moultonborough Safety Complex, Moultonborough Tuesday, May 22—The Meeting House, Sugar Hill Saturday, June 2—NHMA Offices, Concord *These workshop dates and locations subject to change. Please check our website regularly.

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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.

MARCH Webinar: Municipal Social Media Policies and Free Speech Wednesday, March 14 12:00 pm – 1:00 pm

APRIL Webinar: Legislative Half-time Wednesday, April 4 12:00 pm – 1:00 pm 2018 Local Officials Workshops Monday, April 9 9:00 am – 4:00 pm (Lunch on your own) Grantham Town Hall, Grantham

www.nhmunicipal.org

2018 Local Officials Workshops Monday, April 16 9:00 am – 4:00 pm (Lunch on your own) Peterborough Community Center, Peterborough Organizational Meeting of NHMA’s 20192020 Legislative Policy Process Friday, April 6 9:00 am – 12:00 pm NHMA Offices, 25 Triangle Park Drive, Concord Stranger Streets: A New Hard Road to Travel Workshop Friday, April 27 9:00 am – 12:30 pm NHMA Offices, 25 Triangle Park Drive, Concord

MARCH/APRIL 2018

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NEW HAMPSHIRE TOWN AND CITY

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imited Reuse Soils (LRS) are soils that contain contaminants at levels above naturally occurring background concentrations, are not determined to be hazardous wastes, and which are not associated with a release of oil or hazardous materials regulated under Env-Or 600 Contaminated Site Management. Transportation infrastructure construction and maintenance related LRS typically encountered on municipal projects consist of street wastes (i.e. street sweepings, roadside ditching soils, catch basin sediments, etc.) and soils removed from within and adjacent to roadways. LRS are managed as a solid waste under the New Hampshire Solid Waste Rules, specifically Env-Sw 903 Contaminated Soils, if they are removed from the site of origin. Soils containing elevated concentrations of naturally occurring metals solely due to the natural mineral content of the soil (i.e. arsenic) are not considered to be subject to regulation under the Solid Waste Rules.

Municipalities annually generate thousands of cubic yards of soil and sediment associated with transportation infrastructure construction and maintenance. Soils excavated within or adjacent to roadways often contain contaminants related to roadway runoff and past construction activities. These contaminants generally consist of various metals such as arsenic and lead, polycyclic aromatic hydrocarbons (PAHs), salt, and minor amounts of petroleum hydrocarbons. Most of these contaminants are associated with asphalt abrasion and degradation, tire wear and vehicle drippings (minor contributor). Evidence of pavement abrasion is commonly observed along roadways during or immediately following the plowing season. Contaminants can be incorporated within the shallow roadway soils through the use of ground asphalt as roadway sub-base. Roadway soils in historic urban areas can contain other contaminants such as coal waste. Therefore, municipalities are encouraged to conduct due diligence for projects that traverse highly industrialized or commercialized areas or that are located near known contamination sites. In these cases, pre-excavation soil sampling and analysis is appropriate. In some cases, funding may be available for disposal of contaminated soils that are clearly associated with a known contamination site. It is important to remember that all generators of excess soils are liable for the content and reuse of their soils and are required to conduct a waste determination prior to shipping such soils out of the work zone for disposal or reuse. In many cases the waste characterization can be based on generator knowledge and visual screening.

Should Municipalities be Concerned with LRS? The primary contaminants typically associated with these LRS are PAHs. PAHs are a group of compounds that are associated with the incomplete combustion of petroleum hydrocarbons such as coal, wood, charcoal, tobacco and oil. www.nhmunicipal.org

The refining process for various petroleum products results in the presence of PAHs in the products. This includes the petroleum used to produce asphalt. The U.S. Department of Health and Human Services has determined that some common PAHs may reasonably be expected to be carcinogens. The most likely modes of human exposure to PAHs are inhalation of PAH-containing smoke and dust and to a lesser extent direct contact with contaminated soils.

Certain vegetables such as tomatoes are known to take up PAHs from contaminated garden soils. Once contaminated soils leave a project site they are no longer under the municipality’s control and can end up as construction fill at industrial, commercial or residential developments with contaminant concentrations in excess of the health based Soil Remediation Standards (SRS). If not screened for obvious evidence of gross contamination, contaminants could be present at levels above corresponding leaching based SRS. Some contractors blend excess soils from numerous projects to manufacture loam for uncontrolled distribution. Uncontrolled distribution of LRS can result in widespread low-grade environmental degradation. Also, runoff can carry the contaminants into waterways and negatively impact surface water quality, drinking water quality and the biota present in lakes, rivers and streams.

So What Does One Do with LRS Generated From Municipal Transportation Infrastructure Projects?

LRS can be disposed of in solid waste landfills or used as daily cover material at solid waste landfills. New Hampshire Department of Environmental Services (NHDES) acknowledges our society regularly makes risk based decisions, well maintained roadways are a necessity for a healthy and functioning economy as well as public safety, and filling up available landfill space with LRS and replacing it with clean fill is not the best use of our natural and financial resources.

NHDES recently approved a waiver for the New Hampshire Department of Transportation (NHDOT) to use transportation infrastructure related LRS within the confines of their roadway systems provided: (1) all trash, litter, leaves and other debris are removed from the LRS prior to reuse; (2) the LRS is placed in a manner that does not result in the erosion of LRS to surface water; (3) the soils generated are screened for evidence of gross contamination in accordance with procedures reviewed and approved by NHDES; (4) the LRS is managed in accordance with best management practices (BMPs) and a Soil Management Plan reviewed and approved by NHDES; (5) the LRS is not reused in proximity to drinking water supplies; and (6) identified grossly contaminated soils are appropriately managed and disposed of at a properly permitted facility.

This management approach keeps the LRS within already MARCH/APRIL 2018

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CLEANING from page 11 impacted areas that are likely to continue to be impacted, does not result in a significant increase in the potential for human health or environmental impacts, does not introduce LRS contaminants to non-impacted areas, reduces the consumption of available landfill capacity, reduces the consumption of natural resources, minimizes the carbon footprint of transportation infrastructure projects and reduces financial and environmental liability.

State to “Test Drive” Waiver Process Before Imposing New Rules The goal for NHDES is to develop a standard set of BMPs and conditions for NHDOT and municipal reuse of roadway related LRS in the roadway system within the confines of a general permit established by future revision of the New Hampshire Solid Waste Rules. However, NHDES intends to “test drive” the concept under the NHDOT waiver for three to five years before proposing rule revisions to assure that the process is logistically feasible. In the meantime, NHDES will entertain waiver requests from municipalities wishing to proceed in a similar manner to NHDOT. Any such municipal waiver applications would need to

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include municipality specific screening procedures and best management practices contained within a generic or project specific Soil Management Plan. Alternatively, municipalities may propose alternative uses of LRS at municipal projects in the context of a project specific waiver request.

However, NHDES staffing resources make quick responses problematic.

Therefore, parties requesting a waiver should plan accordingly.

How Do Other States Manage Roadway-related LRS? Is NHDES making a mountain out of a mole hill?

A review of how other states are managing transportation infrastructure related LRS indicate the NHDES approach is similar to approaches developed by other states.

The Massachusetts Department of Environmental Protection (MADEP) established pre-approved uses of street wastes from non-urban areas and considers other options for approval. However, sampling and laboratory analysis are required in support of other than pre-approved uses. The MADEP pre-approved uses of nonurban street wastes include use as daily cover at lined and unlined permitted solid waste landfills and use as fill in public ways provided the fill

NEW HAMPSHIRE TOWN AND CITY

is: (1) from a non-urban source; (2) placed beneath a road surface or as fill along the side of the road within the public way; (3) not placed in residential areas; (4) not placed below the groundwater surface; (5) not used in “No Salt Areas”; (6) not placed within the 100 foot buffer zone of a wetland or within wetland resource areas including bordering vegetative wetlands and riverfront areas; and (7) not used within 500 feet of a ground or surface water drinking water supply. These specific requirements for use as fill in public ways are similar to the BMPs contained in the Street Waste Waiver issued to the NHDOT by NHDES. The MADEP also allows non-urban street sweepings to be used as an additive to compost but restrictions and conditions apply.

The Vermont Department of Environmental Conservation Agency of Natural Resources has published a guidance document that lays out a rather labor and document intensive process for allowing reuse of PAHimpacted LRS at certain development projects. However, this document does not appear to address street sweepings and other street wastes.

The Delaware Department of Transportation disposes of all street wastes in landfills but is currently evaluating other beneficial uses of LRS.

www.nhmunicipal.org

The New Jersey Department of Environmental Protection (NJDEP) regulates street sweepings as a solid waste, provided they do not meet the definition of a hazardous waste, and requires landfilling of all nonhazardous street wastes unless they are used for a NJDEP-approved beneficial reuse such as fill for potholes, embankment material for emergency road repairs, containment/absorption medium for hazardous materials spill response, sub-base fill for roadways, soil mix additive for pavement materials, deicing/anti-skid material (a.k.a. traction sand), landfill cover material and other approved one time uses in accordance with NJDEP site specific approval. However, these beneficial uses require laboratory analyses to demonstrate the wastes meet specified soil quality requirements. Minnesota, Ohio and Indiana also regulate street wastes as solid waste and have

established lists of beneficial reuses with state approval that are similar to those presented above. In all cases, including New Hampshire, each state requires the removal of trash, litter, leaves, and other debris prior to any reuse of LRS other than disposal within a permitted landfill.

Specific information regarding the management of street wastes and other LRS for the remaining states was not easily discernable. Ireland, Great Britain and certain Nordic countries have well-established requirements for soil washing and recovery and recycling of the grit for reuse as construction fill and traction sand provided the washed product meets certain analytical standards.

NHDES has fielded initial inquiries from municipalities about using this approach; with their intent being not only reusing the materials for their

own purposes but potentially as an income stream.

NHDES recommends that all municipalities review their current procedures for managing transportation infrastructure related LRS to assure that they are in compliance with the New Hampshire Solid Waste Rules and are not participating in, or contributing to, the uncontrolled distribution of contaminated soils.

H. Keith DuBois, P.G., is Assistant Director of the Waste Management Division at the New Hampshire Department of Environmental Services. Keith can be reach by phone at 603.271.4978 or by email at keith.dubois@des.nh.gov.

Experienced Lawyers for Municipalities Drummond Woodsum’s Municipal Group Matt Upton, Mark Broth, Keriann Roman, Matthew Serge and Anna Cole guide towns, cities and local governments through a variety of issues including: •

Land use planning, zoning and enforcement

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General municipal matters

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Municipal employment and labor matters

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Litigation and appeals

Learn what the Drummond Woodsum Municipal Practice Group can do for you: dwmlaw.com | 800.727.1941

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MARCH/APRIL 2018

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Basic Loan Requirements:

The Bond Bank’s Next Bond Sale Issue will be on June 5, 2018 January 2018 Bond Sale Results True Interest Cost for: 5 year loans 2.00% 10 year loans 2.16% 20 year loan 2.86%

Are you planning a capital project for 2018?

We can assist you with your planning by providing various scenarios based on level debt or level principal payments for different terms. Contact us now for your estimated debt schedules.

• Bond issue approved by governmental entity • Completed application approved by Bond Bank Board • Audit by CPA firm • Local bond counsel opinion

To schedule a meeting, obtain debt service schedules, or for details about our schedule, fees, Bond Anticipation Note programs, and current interest rates, please contact Tammy J. St. Gelais, Executive Director, at tstgelais@nhmbb.com. Visit our website at www.nhmbb.org.

Lebanon Middle School, Lebanon, NH

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NEW HAMPSHIRE TOWN AND CITY

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Springtime Thaw: New Tools To Help Local Decision-makers During Mud Season

By Dr. Jennifer Jacobs, Ph. D., P.E. and Heather Miller, Ph.D., P.E.

Introduction

N

ew Hampshire’s local roads are notorious for heaving, cracking, and opening up potholes during the winter, while turning into mud or seeping water during the spring. Public works departments are at the front lines, trying to anticipate and address issues as quickly as possible, often repairing the same site multiple times each year. Some municipalities such as Manchester, Exeter, Dover, and Nashua even have dedicated “pothole hotlines.”

Managing roads that freeze in the fall and thaw in the spring is a continual battle and often quite costly. It is also a fine art with public works employees using their experience to understand which roads are already deteriorated or susceptible to damage and when damage is likely to occur. A refresher on what is new on the topic might help New Hampshire’s cities and towns make the most of their limited resources.

What is the Root of this Evil?

In many northern states, seasonal fluctuations in temperature (known as “freeze-thaw” conditions) can make lowvolume roads especially vulnerable to damage from frost action. In the fall, roads begin to freeze, starting at the top and moving deeper. When water has entered the road base soils through cracks in the surface and/or via capillary action, ice lenses are formed, and the soil begins to move upward causing frost heaves and potentially cracking the pavement or even completely breaking it apart. The silver lining is that in the heart of winter, the roads are very stiff and strong because they are frozen and can take additional weight. Some states, such as Maine, take advantage of this increased strength and stiffness and apply winter weight www.nhmunicipal.org

premiums—increases in the allowable weight trucks can haul on these roads. However, New Hampshire does not have a winter weight premium policy.

During the spring, when temperatures rise, the once-frozen roads begin to thaw from the top downward. As the ice lenses thaw, the meltwater is trapped in the soil above the still-frozen lower layers causing the thawed layer to be saturated. In this condition, the structural integrity of the roads is weakened, making them more susceptible to damage from heavy trucks. For unpaved roads, the spring mud season is particularly noticeable because the road surface turns to mud; vehicles driving on the roads can sink to the frozen layer leaving behind large ruts that refreeze and pond water.

Although one early experiment on a New Hampshire silt soil found that a wet, 6-inch thick soil sample expanded to 10 inches as it froze, or heaved by 70%, not all roads are impacted so dramatically. The most problematic roads have water in the soils below the paved surfaces, freezing temperatures, and frost susceptible soils. The source of water can come from shallow groundwater tables, precipitation, lakes, streams or wetlands. Typical frost susceptible soils are silts, silty sands and very fine sands. These soils are fine enough to be able to wick water upward (capillary action) yet permeable enough to allow the water to move upward.

How Can Damage be Prevented?

While not a new problem, pavement damage from winter conditions continues to be a pressing issue. American Society of Civil Engineers’ Cold Regions Engineering Division MARCH/APRIL 2018

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SPRINGTIME THAW from page 15 (CRED) partnered with Minnesota Local Road Research Board (MN LRRB) to create a new educational video “Frost Damage in Pavement: Causes and Cures” in 2013. (https://www. youtube.com/watch?feature=player_ embedded&v=qnI7T5wbNjc).

This video summarizes the causes of damage and engineering design practices to consider for particularly challenging roads. The key is to keep water out of the pavement. There are a number of techniques with a range of costs. Frost susceptible subgrade materials can be removed and replaced with non-frost susceptible materials or existing soils can be blended with non-frost susceptible soil or a stabilizing additive.

The frost layer’s downward movement can be prevented by adding an insulate layer below the top layers, but at an adequate depth to prevent surface icing problems. A coarse drainable base or “rock cap” can be added to prevent upward wicking of water. Finally, water can be drained to the road’s side into ditches by a variety of means including specially designed synthetic materials, crowning the subgrade, or adding drainage tiles.

Posting Roads: Balancing Flow of Commerce and Protecting Local Infrastructure During spring thaw periods (a.k.a. “mud season”), these frozen roads begin to weaken as they thaw, becoming subject to damage from heavy trucks, or even entirely unusable. As a preventative measure, state and local agencies often restrict the amount of weight that can be carried over a roadway by setting seasonal load restrictions (SLRs).

Although beneficial for preserving road surface quality, these restrictions can have impacts on local industry and economies. Thus, a key challenge is maintaining a balance between allowing commerce to flow during restricted periods and preventing road damage.

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While municipalities may favor protecting their infrastructure investment and seek to limit damage to roads, state policies may make that difficult by exempting some industries.

What are the Relevant Statutes Regarding Road Postings?

New Hampshire municipalities can protect those roads by imposing weight restrictions via RSA 231:190 and 231:191. However, exceptions can be granted for “any owner of land or a commercial enterprise served by such highway, who demonstrates that such limits would entail practical difficulty or unnecessary hardship, and who complies with all conditions and regulations concerning bonding and restoration, shall be granted an exemption unless the exemption would be detrimental to public safety.” Furthermore, RSA 236:3-a creates an exception for heating fuel delivery vehicles, trucks delivering processed milk products, trucks carrying sap for maple syrup production, and septic pumper trucks and accompanying supply trucks. RSA 266:24 exempts “implements of husbandry” (farm equipment). Emergency fire fighting vehicles (RSA 266:19-a) and winter maintenance equipment that is owned, leased or rented by the state

or any political subdivision of the state (RSA 266:21) are also exempt.

Upon receipt of a request from an impacted business, RSA 231:191 dictates that a “hearing shall be held within 15 working days of receipt of a certified letter by the local governing body from the impacted business requesting a hearing, otherwise enforcement of the maximum weight limits established by that municipality shall be suspended for the remainder of the year or until such hearing is held.”

Tools to Help Set Load Restrictions Road managers and state Department of Transportation (DOTs) use a variety of tools to judge when roads should be posted. Tools include visual inspections, expert judgement, rudimentary calculations, and weather forecasts. In order to balance the needs of the industry with conservation of the roads, state DOT and municipalities are increasingly looking for scientific approaches to the decision-making process. One of those scientific approaches, developed by the Minnesota Department of Transportation (MNDOT), uses air-freezing and air-thawing indices.

Air-freezing indices are accumulated daily indexes of how many degrees

Cumulative freezing indices showing the freeze onset during December 2017 including forecasts during a long cold snap. MnDOT recommends that the additional weight can be allowed on roads when the 3-day weather forecast indicates that the cumulative freezing index (CFI) will exceed 280°Fdays and extended forecasts predict continued freezing temperatures.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

the temperature is below 32oF, the freezing point for water. Air-thawing indices are a little more complicated; they incorporate accumulated daily indexes of degrees above 32oF, as well as several other variables. According to the MNDOT, when the cumulative freezing index (CFI) gets up above 280oF-days, the roads should be frozen enough to accommodate winter weight premiums. Conversely, the agency recommends that when the cumulative thawing index (CTI) exceeds 25oF-days, spring load restrictions should go into effect.

These CFI and CTI thresholds have been found to be reasonable estimators of freeze and thaw for New England conditions.

A Real-time and Shortterm Forecast Road Freeze-thaw Tool To help New England road managers make road freeze-thaw predictions, the MNDOT indices were turned into a web-based road conditions maps for the Northeast.

The Infrastructure & Climate Network (ICNet), including Dr. Jennifer Jacobs at the University of New Hampshire and Dr. Heather Miller at the University of Massachusetts– Dartmouth, both Professors of Civil and Environmental Engineering, and NOAA’s Northeast Regional Climate Center (NRCC) led by Arthur T. DeGaetano, Professor of Earth and Atmospheric Sciences at Cornell University, brought together expertise on winter road conditions and weather forecasting to create this tool. The resulting web-based roadway freezethaw map interface (patterned after a similar interface developed by Minnesota Department of Transportation) allows road managers in the northeast to better assess when load restrictions should be applied or suspended. The map interface tool can be viewed at www.nrcc.cornell.edu/industry/roads. www.nhmunicipal.org

Cumulative thawing indices showing the winter melt in late February 2017 where unseasonably warm conditions rapidly made roads susceptible to damage. MnDOT recommends that the SLR be scheduled when the 3-day weather forecast indicates that the cumulative thawing index (CTI) for a zone will exceed 25°F-days and longer-range forecasts predict continued warmth.

The Roadway Freezing/Thawing tool provides daily updates regarding freeze-thaw conditions on a particular day and incorporates weather forecasts to predict conditions for up to 6 days in advance. Up and running since November 2016, the interface has the potential to help road managers make decisions about enacting or removing load restrictions more objectively. Last spring, Maine DOT found that at instrumented test sites, the tool showed thawing at the same time the roads were, in fact, thawing.

Because three to five days advanced notice is needed to enact weight restrictions, being able to see road conditions in advance—to know that, although it’s been warm for a couple days, it’s going get colder, or vice versa, and having a tool to translate weather forecasts to road conditions—should help municipalities operate more efficiently. Better information means a higher level of confidence that roads are posted when the limits are needed.

It also helps road managers to more strategically exempt impacted businesses, and handle emergencies such as when someone’s well went down (and they need drills, excavators).

difficult. It is even more challenging to find the funds to reclaim the roads and to stabilize them to withstand freeze-thaw action. NOAA’s new roadway freeze-thaw map interface can help prevent damage by helping road managers to make better informed decisions about posting roads during the spring thaw weakened period.

Jennifer Jacobs is a Professor in the Department of Civil Engineering at the University of New Hampshire. Jacobs was assisted in this article by Heather Miller and Lee Friess. Jacobs’ research uses new technologies and big data to understand infrastructure response to climate and extreme weather with a focus on extreme precipitation, flooding, and winter snow and freeze-thaw conditions. She may be reached at 603.862.0635 or by email at Jennifer.jacobs@unh.edu. Miller’s research focus is on freeze-thaw processes in soils, seasonal load restriction protocols, and most recently, the effects of climate change on those processes and policies.

She may be reached at 508-999-8481 or by e-mail at hmiller@umassd.edu.

The general sentiment is that just getting funding to maintain roads is MARCH/APRIL 2018

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Water Management To Reduce Spring Flooding

By James W. Gallagher, Jr., P.E.

F

loods, New Hampshire’s most common natural disaster, occur in every season. Floods caused by tropical depressions, like Tropical Storms Sandy and Irene, occur in the summer and fall hurricane season. Winter floods can also occur due to unseasonable thawing conditions and heavy precipitation combined with ice jams, like those that occurred in January of this year in locations largely south of the White Mountains. But it is the spring when the state is most likely to experience floods.

Unlike other parts of the country where precipitation is higher in the spring, New Hampshire’s spring precipitation is not much different than the precipitation that falls on it over the other three seasons. On average, New Hampshire receives 3½ to 4 inches of rain each month.

However, in the early spring, when the ground is typically saturated from the melting of the winter’s snow, and before the vegetation, which absorbs large amounts of water, has budded out, the amount of runoff from that rainfall is much greater than it is during other seasons of the year. This seasonal pattern of rainfall and runoff is shown on the figure below, which illustrates the monthly rainfall and streamflow into Lake Waukewan in Meredith, New Hampton and Center Harbor.

The high April flows are also the result of the melting of the snowpack that is usually present at the beginning of April.

Based on approximately 50 years of snow data collected by the New Hampshire Department of Environmental Services (NHDES), there is usually between 4½ and 5 inches of water content in the snow pack in New Hampshire at the beginning of April, which is greater than the amount of precipitation that normally falls in a month.

www.nhmunicipal.org

NHDES is responsible for operating 211 state-owned dams.

To help reduce damages due to spring flooding, NHDES lowers the water level on the 50 largest lakes impounded by state owned dams, to depths ranging from one to 7½ feet to provide storage to capture these high spring flows, providing a level of protection to both property along the shoreline of the lakes as well as downstream of the dams.

These drawdowns also can reduce erosion of the shoreline along the lakes. High water conditions, in combination with heavy winds, cause erosion of the shoreline above the normal water line. Drawdowns lower the water level so that the erosive forces of waves are acting below the normal shoreline. Drawdowns also provide vertical space so that if water levels rise as a result of high runoff, they come up to normal levels rather than overtopping the dam as could be the case if the waterbody were kept full through the winter and spring flood season.

The lakes are also drawn down to reduce winter ice damage to shoreline properties. Lake ice can reach a thickness of two feet or more. The force of massive ice is exerted in three ways. Under the warming spring sun, as the lake ice expands, it can exert considerable force on anything in its path including docks, walls, and the natural shoreline. Should lake levels fluctuate when the ice is frozen onto an object, that object will be moved accordingly up or down. As the near shore areas thaw in the spring, the remaining ice sheet can be driven by the wind onto the shore. Drawdowns are effective at transferring the location at which these forces are exerted away from the natural shoreline and structures built there. To protect shoreline structures, many municipal and private owners of dams also drawdown their lakes for the winter.

MARCH/APRIL 2018

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FLOODING from page 19 The drawdowns generally occur around Columbus Day each year so that they occur before amphibians have begun hibernating and before fish that spawn in the fall begin laying their eggs. Over the past several years there has been an increased interest from boaters to postpone the drawdown date to lengthen the boating season, but because of the potential negative impact to aquatic species these efforts have been resisted.

Should there be a very dry spring, it may be difficult to refill the lakes completely before the summer recreation season, while still maintaining instream flow needs downstream. Spring refill requires careful attention to current and forecasted conditions to refill the lakes by the end of May, while still

20

providing some level of flood protection during the spring flood season.

James Gallagher is the Administrator and Chief Engineer of the Dam Bureau

NEW HAMPSHIRE TOWN AND CITY

in the New Hampshire Department of Environmental Services. James may be reached by phone at 603.271.1961 or by email at james.gallagher@des.nh.us.

www.nhmunicipal.org

Coming to an Ash Tree Near You:

Emerald Ash Borer in New Hampshire’s Towns and Cities

By Karen Bennett

Introduction—Trees and forests are important

EAB found in Concord in 2013

New Hampshire is covered in trees—84% of the land is forested—and that doesn’t include the trees on town and city streets and parks and in yards. Trees and forests shape New Hampshire, contributing clean water, beautiful scenery, autumn color, abundant wildlife, fresh air, natural and cultural heritage, not to mention our forest industry and much of our recreation.

In March 2013, a sharp-eyed entomologist speeding along Rte. 93 spotted an ash tree that looked all wrong. It showed the tell-tale signs of “blonding”—the classic sign of EAB infestation (more on blonding later). Within days, samples were analyzed by the U.S. Dept. of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS) and for those of us who work with trees, things haven’t been the same since.

Non-native, exotic insects cause more problems than native insects Trees are rife with native insects and diseases, most of which cause no lasting harm because the trees evolved with them and “learned to live with them” by developing mechanisms to fend-off and recover from attack. Because of global trade, insects and disease are moved from one continent to another. Once moved to a new area, almost without fail, these non-native insects are more damaging to the local trees because the trees lack the defenses they’ve developed against the co-evolved native insects. Complicating the picture— the non-native insects don’t bring along their predators and usually thrive in the new area, unchecked by predators.

Emerald ash borer is a non-native insect that infests ash—and only ash trees Emerald ash borer (EAB), a non-native insect, was first detected in Detroit in 2002. It was likely introduced into the port of Detroit in untreated wood-based packing material shipped from Asia in the 1990s. EAB infests and kills “true” ash (Fraxinus spp.). Mountain ash isn’t a true ash and isn’t attacked. In New Hampshire we have white, green and black (sometimes called brown) ash. www.nhmunicipal.org

The arrival of EAB into New Hampshire was not unexpected. The State had been monitoring EAB’s eastward march and preparing for its arrival by pulling together a team from the N.H. Division of Forests and Lands, N.H. Dept. of Agriculture, Markets and Food, USDA-APHIS, U.S. Forest Service and UNH Cooperative Extension.

This team works on monitoring, regulation, education, and outreach and uses www.nhbugs.org as a one-stop-shop to disseminate information.

A word about the ash quarantine Since that initial find, EAB has been found in 41 communities in five counties—Belknap, Hillsborough, Merrimack, Rockingham, and Strafford counties. As a federally regulated pest, county-wide quarantines were imposed to slow the spread, but they haven’t been able to stop the spread. For towns in the quarantine area, road crews should be aware they can’t move firewood outside of the quarantine, nor can they move chips with ash wood in them beyond the quarantine area. The topic of state and federal quarantines is beyond the scope if this article, but a thorough treatment is on www.nhbugs.org and for the authoritative answers to MARCH/APRIL 2018

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ASH TREE from page 21 specific questions, contact State Entomologist, Piera Siegert (271-2561 or piera.siegert@agr.nh.gov).

Why the big concern?

Once EAB attacks an ash tree, the infested tree, if untreated, will die within three to five years—and as far as we know, no ash tree is immune from infestation and death. However, because ash trees aren’t attacked until they’re one to two inches in diameter (at breast height), we should always have small ash trees and EAB. Ash trees are important ecologically, economically and aesthetically. We estimate 25 million ash trees over 5-inches in diameter and another 750 million seedlings and saplings are growing in New Hampshire—six percent of the northern hardwood forest.

As a forest product, ash contributes over $1 million dollars to New Hampshire’s economy annually. The potential disappearance of ash means one less food source for wildlife.

In many cities and towns, ash replaced the stately elm trees lost in the 1950s and 1960s to Dutch elm disease. Ash has been planted extensively as a landscape tree in housing and commercial developments over the past 30 years or more.

tree. Most of the canopy will be dead within two years after the first symptoms of decline appear.

Use the emerald ash borer management zones to plan Left untreated, infested ash die. However, with planning and foresight trees can be “triaged” into different categories such as treat and save; remove before death; let die and remove; and let die, remove and replace.

... before the leaves emerge, is a good time to check for blonding since it is easier to see the bark.

Though the main means of spread is by people moving EAB in firewood, bark, wood chips, and other wood products, the insect moves naturally as it expands its feeding grounds. To account for this natural spread and give towns and communities time to plan, we divided New Hampshire into zones. Knowing where your community is in relation to the infestations helps you make informed-decisions.

The zones are:

Because EAB larvae live just under the bark, woodpeckers search for the larvae by flecking away outer layers of bark, causing the bark to look lighter—an appearance called “blonding.” Winter and spring, before the leaves emerge, is a good time to check for blonding since it is easier to see the bark.

Infested ash crowns thin above infested portions of the trunk and major branches. Up to half the branches may die in a year, starting at the top of the

Assume any ash in the “Generally Infested Area” is infested or will become infested in the near future. A tree may be infested for several years before it

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Landscape trees in the “Potential Infestation Area” are far enough from any known infestations that treatments can be delayed until nearby trees begin to show signs of decline. To find lists of pesticide applicators and arborists able to give treatment advice, perform pesticide applications, and prune or remove dying trees visit www.nhbugs.org.

Don’t be complacent

• Generally infested area: EAB is in this zone, though not necessarily in all ash trees.

• Potential expansion area: EAB isn’t known to be in the area, but the area is within 10 miles of the outer limits of the known infestation. There is a high probability EAB will spread naturally to this zone within a few years.

• Alert area: EAB isn’t known to be in the area and it is more than 10 miles from the known infestation.

Look for blonding

begins to show signs of decline, so if some ash trees in a given area are exhibiting signs of attack, assume other ash are also infested. Evaluate trees for treatment on a case by case basis, with the rule of thumb—if a tree has more than half of its crown remaining, it can likely be saved using insecticides.

NEW HAMPSHIRE TOWN AND CITY

We expect EAB to march forward into the rest of New Hampshire, especially since there is a lot of ash in the western and northern parts of the state. EAB is a stealthy tree-killer. Because the female EAB lays her eggs high up in a tree, signs of infestation aren’t immediately apparent. Trees can be infested for many years before the infestation is detected. Once the infestation is detected, not all trees are infested at the same time and typically seven years after first infestation only 10 percent of ash trees are dead. However, the next five years will see 80 percent of them die. We’ve found that this lag time between detection and tree-death builds complacency.

Once a given tree is infested, it falls apart quickly and without much notice since it dies from the top down. The late October 2017 windstorm closed roads in EAB-infested towns because the dead ash limbs fell into the roads.

A checklist for cities and towns UNH Cooperative Extension developed a checklist to help municipalities prepare—whether the town is infested, near an infestation, or many years away. Some of these recommendations www.nhmunicipal.org

are highlighted below. For the complete list go to www.nhwoods.org. ✔✔ Don’t plant ash. Every ash you plant now will need to be treated or removed when EAB arrives in your town or city. ✔✔ Look for EAB by driving around in late winter and look for “blonding.” ✔✔ Determine your EAB management zone and examine the current recommendations. ✔✔ Complete an inventory. An ideal inventory includes GPS location of each tree, diameter, and a call on whether it should be treated, removed, or left. ✔✔ Triage trees for treatment and removal. You may be able to complete this step during your inventory work. ✔✔ Budget considering treatment, removal, and replacement costs. ✔✔ Help educate your residents since everyone will be affected when EAB arrives. ✔✔ Hold a field training exercise for municipal staff as well as others who are interested. ✔✔ Make EAB information available at municipal offices and website.

See www.nhbugs.org for printable factsheets. ✔✔ Contact your UNH Cooperative Extension County Forester for help with these recommendations.

Call 1‐800‐444‐8978 to contact your local county forester….and remember to visit www.nhbugs.org

Karen Bennett is Extension Forestry Professional and Specialist with UNH Cooperative Extension. Karen can be reached by phone at 603.862.4861 or by email at karen.bennett@unh.edu.

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Contact Person: Mark H. Puffer, Esquire Preti Flaherty Beliveau & Pachios, LLP (603) 410-1500 | mpuffer@preti.com

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NHMA Looking for Member Volunteers in Legislative Policy Process

—O ­ rganizational Meeting Set for Friday, April 6th —

T

he success of NHMA’s legislative efforts, in large part, depends on you. You work at the level of government that is closest to the citizen and you are uniquely situated to help legislators understand how pending legislation affects your city or town. That’s why we need you to help us out.

As a first step, we are recruiting volunteers to serve on our three legislative policy committees. These committees will review legislative policy proposals submitted by local officials and NHMA affiliate groups and make recommendations on those policies, which will go to the NHMA Legislative Policy Conference in September.

If you are a local official in an NHMA member municipality and are interested in serving on one of the policy committees, please contact the Government Affairs staff at 800-852-3358, ext. 3408, or governmentaffairs@ nhmunicipal.org.

Each of the committees deals with a different set of municipal issues. The committees and their subject areas are as follows: Finance and Revenue – budgeting, revenue, tax exemptions, current use, assessing, tax collection, retirement issues, education funding.

General Administration and Governance – elections, Right-to-Know Law, labor, town meeting, charters, welfare, public safety.

Infrastructure, Development, and Land Use – solid/hazardous waste, transportation, land use, environmental regulation, housing, utilities, code enforcement, economic development.

When you contact us, please indicate your first and second choices for a committee assignment. We will do our best to accommodate everyone’s first choice, but we do need to achieve approximately equal membership among the committees. We hope to have 15-20 members on each committee.

There will be an organizational meeting for all committees on April 6 at NHMA offices in Concord. After that, each committee will meet separately as many times as necessary to review the policy proposals assigned to it—typically three to five meetings, all held on either a Monday or Friday, between early April and the end of May. The committee process will allow for in-depth review and discussion of policy suggestions so all aspects of each proposal, both positive and negative, will be examined. Based on that review, each committee will make recommendations for the adoption of legislative policies.

Once the committees complete their work, their policy recommendations will be printed in Town & City and sent to every municipal member of NHMA. Each municipality’s governing body will be encouraged to review the recommendations and establish positions on them. Members will also have an opportunity to submit floor policy proposals in advance of the Legislative Policy Conference in September.

Included in this issue is a legislative policy proposal form that can be used to submit a proposal for consideration. The deadline for submitting proposals is April 20, although earlier submission is encouraged. Please follow the instructions on the form for submitting your proposal.

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

New Hampshire Municipal Association 2019-2020 Legislative Policy Process

Explanation of Proposed Policy Submitted by (Name):

Date:

Title of Person Submitting Policy: City or Town:

Phone:

To see if NHMA will SUPPORT/OPPOSE:

Municipal interest to be accomplished by proposal:

Explanation:

A sheet like this should accompany each proposed legislative policy. It should include a brief (one or two sentence) policy statement, a statement about the municipal interest served by the proposal and an explanation that describes the nature of the problem or concern from a municipal perspective and discusses the proposed action that is being advocated to address the problem. Mail to NHMA, 25 Triangle Park Drive, Concord, NH 03301; or e-mail to governmentaffairs@nhmunicipal.org no later than the close of business on April 20, 2018.

www.nhmunicipal.org

MARCH/APRIL 2018

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Town of Raymond, NH Proposed New Police Facility

Town of Hudson, NH New Fire Station

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AUBURN

PORTLAND

PORTSMOUTH

BOSTON

www.nhmunicipal.org

Stop Mud Season from Making your Community Trails a Mess

By Emily Lord

S

pring rains reveal the sand, dirt, and debris left behind by melting snow. New dog owners quickly learn their pet’s winter deposits do not melt away. The entire New Hampshire landscape changes as warmer temperatures once again reveal the ground beneath our feet.

Ethics. If you do head outside, bring footwear to match the trail’s conditions. When hikers walk around muddy spots to avoid getting their feet wet, they widen the trail and impact tree roots and other vegetation. Walking single file and going through, not around, muddy sections will help preserve the natural environment of the trail.

Trails that were once a gateway into a wintery wonderland for outdoor enthusiasts with snowshoes and skis are no more.

Leave No Trace’s principles apply in backyards or the backcounA winter of busy recreation has compacted the snow and ice. try, no matter the season. It’s common to find wet or muddy Even if the trailhead and sides of the spots on otherwise dry trails yearroad are free from snow, hikers will round. Check out https://lnt.org/getstill find ice, slush and mush on popinvolved/state/nh for more ideas on About Nature Groupie: In 2018, The ular trails. Woodland trails will hold enjoying our natural world in ways Stewardship Network: New Engsnow even longer due to the cooler that avoid human-created impacts. land changed its name to Nature temperatures and shade found in Groupie to capture the energy, conplaces likes a hemlock grove.

2. Leave your gear by the nection, and spirit of volunteering for nature of our New England network. Nature Groupie is an initiative of UNH Cooperative Extension that empowers generations of outdoor enthusiasts to volunteer for nature in New England.

When trails are muddy, it’s best to encourage your community to fight off cabin fever for a few weeks until trail surfaces dry out and firm up. This will go a long way toward protecting trails. Other things to consider are the long-term cost of trail reconstruction, water quality impacts on nearby streams, soil erosion and hiker safety.

Here are three ways to help your city or town cope with mud season:

1. Walk single file, even when it’s wet and muddy.

This tip comes from the Leave No Trace Center for Outdoor www.nhmunicipal.org

door just a little longer.

Patience is hard, but consider the impact of all these trail activities over time and by numerous people.

Activities like mountain biking or trail running have a higher impact during mud season. The narrow tires on a bike sink into mud, leaving deep ruts in the center of the trail and causing water to pool up. Avoid running during mud season. Running impacts the trail more than walking because of the force of your body’s weight coming down on the trail.

Similarly, equestrian and ATV users should wait a couple weeks until trail surfaces have firmed up. If high-impact use during mud season is a consistent problem in your MARCH/APRIL 2018

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TRAILS from page 27 community, consider posting temporary trail closures.

3. Celebrate with a volunteer workday Let your community know trails are open for use by holding a spring volunteer workday. The best time to get out and start cleaning up the trail is around the start of black fly season (kudos if you can sneak it in before they hatch!). Clean up downed branches and trees and fix blazes and signs that

have fallen into disrepair. Most importantly, this is the time to clean out drainages so that water moves quickly and efficiently off the trail. This way, water doesn’t build up, erode the surface, or flow down the trail.

it easy to recruit volunteers with our free calendar and registration system for outdoor volunteer events. Our volunteer community of outdoor enthusiasts in New England is 2,600 people strong and continues to grow.

Learn about the best ways volunteers can help with trail stewardship in this free guide: Trail Maintenance for Volunteers from the Stewardship Training Guides series published by UNH Cooperative Extension and Nature Groupie. If you decide to invite the public to help, Nature Groupie makes

By Emily Lord is the Stewardship Outreach Coordinator with the UNH Cooperative Extension and a Nature Groupie team member. She can be reached by phone at 603.862.1572 or by email at Emily.Lord@unh.edu.

JOIN US FOR OUR 77TH ANNUAL CONFERENCE

Wednesday, November 14, 2018 Thursday, November 15, 2018 The Radisson Hotel, Manchester

Mark Your Calendars for Next Year!

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Has Your City or Town Ordered NHMA’s NEW Right-to Know Law Book?

If not, it’s time to order NHMA’s new reference guide for public officials when confronted with the numerous legal issues surrounding New Hampshire’s Rightto-Know Law.

“Must-have” reference guide for every city and town !

Only $55 for Members $95 for Non-members

Includes Top Ten Compliance Tips Public Meeting & Governmental Records Posters Is it a Meeting Flow Chart Remote Participation Checklist And More!

The Right-to-Know Law (RSA Chapter 91-A) affects every aspect of local government in our state. Every board, committee, commission, and sub-committee in every town, city and village district in New Hampshire must comply with this law.

As a result, all local officials and employees must understand the law and their responsibilities regarding both public meetings and governmental records.

Go to NHMA’s online store at www.nhmunicipal.org/shop to order your reference copy today!

www.nhmunicipal.org

MARCH/APRIL 2018

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Barbara Raths, CTP Senior Government Banking Officer, SVP 1750 Elm Street, Manchester, NH 03104 603-621-5801 • barbara.raths@peoples.com

©2016 People’s United Bank, N.A. | Member FDIC |

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NHMA members and municipalities across the country are invited to submit postings to appear on our website. Visit www.nhmunicipal.org for more information or submit your ad by email to classifiedads@nhmunicipal.org.

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Stranger Streets: A New Hard Road to Travel Workshop!

If a Class VI road is washed out, can the town really do nothing?

Can public works cut trees on a scenic road?

Do there really need to be summer cottages on a “highway to summer cottages”?

Join NHMA Attorneys Stephen Buckley and Margaret Byrnes for the answers to these questions—and many more! The attorneys will discuss the “stranger” side of municipal road law, including bridges, municipal trails, sidewalk maintenance, scenic roads, highways to summer cottages, and winter roads. Ample time will also be spent on Class VI and private roads, including what municipalities—and residents—can and cannot do on these roads.

Friday, April 27, 2018 9:00 a.m.—12:30 p.m.

Registration and Breakfast at 8:30 a.m.

NHMA Offices 25 Triangle Park Drive Concord NH Cost: $60.00 Register online at www.nhmunicipal.org under Calendar of Events Online pre-registration required one week prior. Space is limited.

Questions? Call 800.852.3358, ext. 3350, or email NHMAregistrations@nhmunicipal.org

www.nhmunicipal.org

MARCH/APRIL 2018

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The

HR

REPORT

Seasonal Employees…and the Well-Seasoned Employee

By Mark T. Broth

F

ederal and state laws establish certain minimum standards for compensating employees. These include minimum wage and overtime requirements, rules regarding the frequency of pay, and rules requiring records of hours worked and notice to employees of their compensation and any changes to their pay and benefits. However, the other terms under which employees are hired, including the frequency and duration of employment, largely remain a matter left to the discretion of employers.

For purposes of personnel administration, employers generally describe employees as falling into one of four categories: full-time; part-time; temporary; and casual employees.

Full-time employees are those who are employed on a year round basis and who regularly work a minimum number of hours defined by the employer (commonly 37.5 or 40 hours for full-time employees).

Part-time employees also generally work on a year round basis, but regularly work less than the number of hours that the employer has established for full-time employment.

Temporary employees are those who are hired for a predetermined period of time (which can vary from a few weeks to several years) or through the completion of a project (for example, an employee hired for the duration of a road paving project). Temporary employees work whatever number of hours the employer deems necessary.

Casual employees are those who are employed on a day to day, as needed basis. Casual employees generally do not have a fixed work schedule and work whatever hours the employer deems necessary. Special police officers and non-volunteer call firefighters (they only work when needed) are examples of casual employees.

Employees in each of these categories must receive at least the minimum wage. All employees can be paid on either an hourly, salary, or per diem basis. Regardless of how employees are paid, those who work in excess of 40 hours in a pay 32

NEW HAMPSHIRE TOWN AND CITY

week (with the exception of police, fire and EMS) must receive overtime pay unless they are exempt from the overtime law. In general, employees are exempt if they are salaried and if their duties fall within the executive, administrative, or professional exemptions from the overtime law.

So what are “seasonal employees”? Generally, seasonal employees are temporary employees hired for a predetermined period of time, usually defined as a calendar season or other defined seasons which may vary in length. Like other temporary employees, seasonal employees can work full or parttime hours, and may be overtime eligible if they are paid hourly and work more than 40 hours in a pay week.

It is common for employers to make different levels of benefits available to different employee classifications. Problems can arise if employers blur the distinctions between classifications.

For example, assume that an employer offers health insurance to full time employees, but not to part time or temporary employees. An employee is hired as a part time employee, but is regularly expected to work full time hours; is this employee eligible to receive health insurance benefits? Generally, courts have held that the actual conditions of employment define classification, not the label placed on the employee at the time of hire. The same can be true with temporary/seasonal employees. If the same employee is hired to work continuously through every season, with no interruption, how are they really distinguished from full time or regular part-time employees? These problems are avoided by primarily keeping employee work hours and periods of employment consistent with how the classification is defined.

“Well-seasoned” is just another way to refer to older workers. In this period of low unemployment and declining labor pools, older workers are an often overlooked resource. Senior employees are often the repository of institutional memory, “as built” information, and time tested techniques and methods for efficient and economical performance of job functions. Throughout the course of employment, employers make significant investment in employee training and education. When an older worker departs, most of that investment www.nhmunicipal.org

is lost. Employers can longer benefit from those investments by repurposing older workers who might no longer be able to meet all of the elements of a job description. Using older workers as trainers, front line supervisors, or offering reduced schedules or job sharing arrangements are all means by which employers can extend an employee’s work life. Employers experiencing difficulty recruiting new employees should consider meeting with its well-seasoned workforce to explore how job functions and organizational structures might be modified so that both employee and employer can benefit from an extended work life.

Mark Broth is a member of DrummondWoodsum’s Labor and Employment Group.

His 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 2018 Drummond Woodsum. These materials may not be reproduced without prior written permission.”

www.nhmunicipal.org

Asset Management Coastal Facilities Energy Infrastructure

MARCH/APRIL 2018

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★

BEST PRACTICES ★

New Hampshire Municipal Association

Best Practices Series

★

BEST PRACTICES ★

Time to Update Mandatory Workplace Posters Employers in New Hampshire are required by law to post certain notices for their employees. In order, to make the employees aware of the rights and remedies available to workers in this state, the Legislature has mandated that employers post the following notices in every work place.

This information is provided as a convenience and reminder, but may not be comprehensive.

Poster

Governing Agency

Phone Number

Website

Statute

Protective Legislation Law

Department of Labor – Inspection Division

603.271.1492 603.271.3176

https://www.nh.gov/labor/

RSA 275

Criteria to Establish an Employee or Independent Contractor

Department of Labor – Inspection Division

603.271.1492 603.271.3176

https://www.nh.gov/labor/

RSA 281-A

New Hampshire Minimum Wage Law

Department of Labor – Inspection Division

603.271.1492 603.271.3176

https://www.nh.gov/labor/

RSA 279

Whistleblowers’ Protection Act

Department of Labor – Inspection Division

603.271.1492 603.271.3176

https://www.nh.gov/labor/

RSA 275-E

Workers Right to Know

Department of Labor

603.271.3176 800.272.4354

https://www.nh.gov/labor/

RSA 277-A

Equal Pay Law

Department of Labor

603.271.3176 800.272.4354

https://www.nh.gov/labor/

RSA 275:37

Unemployment Notice

Department of Employment Security

603.224.3311 800.852.3400

https://www.nhes.nh.gov/

RSA 282-A

Vacation Shutdown Notice (Optional)

Department of Employment Security

603.224.3311 800.852.3400

https://www.nhes.nh.gov/

RSA 282-A:45-a

Employment Discrimination Poster

Commission for Human Rights

603.271.2767

https://www.state.nh.us/hcr

RSA 275:49

Other State Posters

Housing Discrimination Poster

Commission for Human Rights

603.271.2767

https://www.state.nh.us/hcr

RSA345-A

Youth Employment (if employ youth)

Department of Labor – Inspection Division

603.271.1492 603.271.3176

https://www.nh.gov/labor/

RSA 276-A:20

Workers’ Compensation (required poster)

Department of Labor – Workers’ Compensation Division

603.271.3176 800.272.4353

Please obtain from your workers compensation insurance carrier

RSA 281-A

Federal Mandatory Posters: Occupational Safety and Health Administration (OSHA) Poster - http://www.osha.gov/Publications/osha3165.pdf Equal Employment Opportunity (EEO) Poster- http://www1.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf Fair Labor Standards Act (FLSA) Poster - http://www.dol.gov/whd/regs/compliance/posters/minwageP.pdf Employee Rights for Worker’s with Disabilities and Special Minimum Wage Poster – http://www.dol.gov/regs/compliance/posters/disabc.pdf Family and Medical Leave Act (FMLA) Poster – (plus military amendment) - http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf The Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf Employee Polygraph Protection Act Poster - http://www.dol.gov/whd/regs/compliance/posters/eppac.pdf Notice of Military Family Leave Poster - https://www.whoi.edu/fileserver.do?id=58134&pt=10&p=40553 Right to Work E-Verify - http://www.uscis.gov/USCIS/Verification/E-Verify/E-Verify_Native_Documents/Right_to_Work_Poster_English.pdf

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

— This Moment in NHMA History —

60 years ago…..

In its April 1958 edition of Town and City magazine, NHMA replaced its mimeographed Newsletter, for this 6” X 9” cover color publication; tangible evidence of the growth and coming maturity of the Association.

?

?

NAME

THAT

TOWN OR

CITY

?

? ?

www.nhmunicipal.org

Name this New Hampshire town which is centered on its Old Meeting House (see photo below).

Town website reports its first minister, Reverend Joseph Cotton, built the Old Meeting House in 1774. It had an 11-foot high pulpit and marble columns supporting the gallery, and is still an excellent example of early New England church architecture. In fact, this meetinghouse is said to be the finest of its type in New Hampshire, with outstanding craftsmanship and architectural details.

This town was incorporated as a separate town in 1756 by Colonial Governor Benning Wentworth.

It was named after a beautiful seaside resort town in the Isle of Wight, situated off the coast of England. Town website claims that these are the only two such named towns in the world.

Current Town Offices

Old Meeting House

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

ANSWER TO PHOTO IN JANUARY/FEBRUARY, 2018 ISSUE: The photo on page 33 in the last issue of Town and City magazine is the picturesque historic district in the Town of Fitzwilliam. Thanks to all our members who responded with the correct response.

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35

A F F I L I AT E M E M B E R

Sp tlight

The Affiliate Group Spotlight is a new column designed to give readers a closer look at NHMA’s Affiliate Groups. There are over 30 such groups affiliated with NHMA comprised primarily of municipal officials, usually professional organizations, serving a particular position, such as city and town clerks, assessors, health officers, road agents, etc. In this issue, we introduce and spotlight the New Hampshire Library Trustees Association (NHLTA).

The first tax-supported free library in the United States was established in Peterborough, New Hampshire, in 1833. In an era of subscription libraries, it was a revolutionary concept – imagine: the town owned the books and citizens could read them for free! A few years later, in 1849, the New Hampshire State Legislature passed a law authorizing towns to raise money to establish and maintain their own libraries, the first state to pass a law of this nature. Today, RSA 202-A:1, states: Mindful that, as the constitution declares, “knowledge and learning, generally diffused through a community’’ are “essential to the preservation of a free government’’ the legislature recognizes its duty to encourage the people of New Hampshire to extend their education during and beyond the years of formal education.

To this end, it hereby declares that the public library is a valuable supplement to the formal system of free public education and as such deserves adequate financial support from government at all levels.

Since the late 1800s, New Hampshire libraries have been governed by a board of trustees, separate from the government of the town. These trustees are elected by the town, and by law, cannot be compensated for their duties. In general, they are responsible for the budget, for hiring a library director and generally overseeing library operations.

The exceptions are in cities, where other provision has been made by general or special provision of the legislature.

NHLTA President, Susan Gaudiello (top, right), presents the 2017 Library of the Year Award to Natalie Gallo and other board of trustees of the Hampstead Public Library. Congratulations to the Hampstead Public Library and their board of trustees!

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NEW HAMPSHIRE TOWN AND CITY

Realizing the important role libraries play in the state, the New Hampshire Library Trustees Association (NHLTA) was founded in 1957 to “assist Trustees to be knowledgeable and effective in order to serve, improve and promote New Hampshire public libraries.” The NHLTA accomplishes this mission by providing educational opportunities to help trustees understand their responsibilities and duties; offering a forum for the exchange of ideas and information about library developments in general; and advocating for and promoting public library services in New Hampshire.

EDUCATION: NHLTA offers trustee orientation workshops each spring designed to help newly-elected trustees understand their responsibilities. Workshops are also offered in the fall on such topics as personnel management, finance and budgeting, and the roles of board officers. All workshops and webinars are offered free of charge. NHLTA’s Annual Conference, presented each May, brings national speakers to the state as well as local experts for a one-day event attended by over 300 trustees and library directors.

NETWORKING: Library trustees share information and advice through NHLTA’s listserve, website, newsletter and regional meetings held at locations around the state. Members turn to NHLTA for assistance when problems arise that they have been unable to solve at the local level.

ADVOCACY: NHLTA works closely with the New Hampshire Library Association (the membership organization for library directors), the American Library Association, the New Hampshire Association for Non-Profits, and the New Hampshire Municipal Association (NHMA) on state and national legislative issues.

PARTNERSHIP WITH NHMA: NHLTA has relied on NHMA for administrative support services for many years, and has deepened its relationship in the past year to include assistance with the management of the Annual Conference.

In addition, NHMA’s Staff Attorney, Margaret Byrnes, writes a column on timely legal questions for NHLTA’s quarterly newsletter and is a popular speaker, along with other NHMA staff, at NHLTA workshops and conferences.

www.nhmunicipal.org

NLC Report: Investing in Flood Mitigation Programs

By Yucel Ors

A

study conducted by the Economist Intelligence Unit on the benefits of flood mitigation found that investment to make homes and infrastructure more floodproof returns positive economic, environmental, and social benefits for communities.

American cities and towns are increasingly at risk from storm surges caused by frequent, high precipitation weather patterns. Researchers from the University of South Florida found that, “with nearly 40 percent of the U.S. population residing in coastal areas, compound flooding can have devastating impacts for lowlying, densely populated and heavily developed regions when strong storm surge and high rainfall amounts occur together.”

Municipalities that have a large concentration of population in coastal areas that are also subject to potential devastating storm surges are taking steps to mitigate the risk of flooding. According to the Economist Intelligence Unit (the research and analysis division of The Economist Group), “The benefits of mitigation cannot be overstated. Community leaders are driven to take action to revitalize neighborhoods, improve public spaces, enhance public safety, and boost the city’s competitiveness.”

The study provides real-life examples that highlight the benefits local communities received by implementing flood mitigation programs. These communities: • • • • • • • •

Avoided property losses Avoided business & education interruption Avoided loss of critical infrastructure Revitalized neighborhoods Improved public spaces Enhanced public safety Enjoyed ecosystem benefits Increased competitiveness for the community

www.nhmunicipal.org

The analysis found that “the economic benefits from flood mitigation significantly outweigh the costs by as much as five to one.” However, funding flood mitigation is a challenge for many local governments.

Fortunately, there are creative solutions and financing sources that can help local governments fund mitigation projects and ease the financial strain. Along with other governmental assistance programs through the U.S. Department of Housing and Urban Development (HUD), Federal Emergency Management Agency (FEMA) is working to reduce the financial burden for local governments.

One of the most direct benefits from flood mitigation is that communities could receive a significant discount of up to 45 percent on flood insurance rates. The Economist study found that “communities that invested in mitigation improved their Community Rating System (CRS) class and received significant discounts on flood insurance, putting money back in the pockets of property owners.”

The National League of Cities (NLC) believes that Congress must reauthorize the National Flood Insurance Program (NFIP) and keep flood insurance rates affordable for primary, non-primary and business properties while balancing the fiscal solvency of the program. However, to reduce the risk of flooding, local governments need additional resources from the federal government to implement mitigation programs before a flood – not after.

For more information, go to NLC’s website: http://www. nlc.org/article/federal-advocacy-update-week-of-september12-2017#NLC Advocates for NFIP Reauthorization/ Yucel (u-jel) Ors is NLC’s Program Director of Public Safety and Crime Prevention. You may reach Yucel at 202.626.3124 or by email at ors@nlc.org.

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NEW HAMPSHIRE ASSOCIATION OF REGIONAL PLANNING COMMISSIONS

This segment is another in a series highlighting NHARPC’s efforts to provide education on planning-related topics.

38

Rising Seas: Impacting More than Just the Ebb and Flow of the Tides

By Julie LaBranche, Rockingham Planning Commission, and Kyle Pimental, Strafford Regional Planning Commission Living at the Water’s Edge It’s human nature to want to seek out and be close to bodies of water. A quick Google search captures hundreds of articles that attempt to explain why humans are so drawn to the water. Yet, what may have started as a primitive need for survival has evolved into a “way of life,” and shoreline development is now one of the primary economic drivers in coastal states. Based on sale prices driven by the real estate market, assessments of waterfront properties have risen steadily in recent years, and the revenues they generate are substantial. Coastal municipalities also benefit from tourism, which generates additional revenue, employment, and business opportunities. And let’s not forget the psychological factors. People living next to, or even within the sight of, water have reported a variety of positive benefits such as improved mental health and physical well-being. It’s not surprising, then, that nearly 40 percent of the American population lives in coastal areas.

Although demand for these properties is high, owners of homes and businesses in coastal areas are faced with the increased risk of flooding associated with sea level rise and storm surge. The NH Coastal Risk and Hazards Commission Report (2016) and Science and Technical Advisory Panel Report (2014) include the following key findings: • Sea levels in New Hampshire are expected to rise between 0.6 and 2.0 feet by 2050 and between 1.6 and 6.6 feet by 2100.

• Today’s extreme storm surge events will have a significantly greater inundation extent and destructive impact due to higher sea levels.

NEW HAMPSHIRE TOWN AND CITY

Given these future projected conditions, coastal municipalities, home owners and businesses are faced with making decisions today that will ensure protection of critical assets and resources into the future.

Employing a New Paradigm for Our Coasts The New Hampshire Seacoast has been fortunate in recent years to have been spared the ravages of extreme storms such as Hurricane Irene and Superstorm Sandy. Most recently, winter storm Grayson on January 3, 2018 caused blizzard conditions and extensive coastal flooding throughout New England.

One needs only to have read the headlines and numerous articles about the devastation they caused to appreciate the challenges communities faced in rebuilding. In the aftermath of such storms, many communities employed innovative solutions to create more resilient coastlines, including restoring natural shoreline functions and applying more stringent flood protection requirements for both rebuilding and new development. These types of strategies protect against storms today as well as future impacts from long-term sea-level rise.

Examples of recent local actions to increase resilience to a changing climate include: • Master Plan Coastal Hazards and Climate Adaptation Chapter - adopted by Seabrook and Rye; in process by Dover, Greenland and Stratham.

• “Freeboard” requirement to elevate structures above the base flood elevation - adopted by Hampton, Dover, Durham and Rye (pending 2018 town meeting vote).

www.nhmunicipal.org

Photo Credit: Dan Gobbi

• Vulnerability assessment maps and data incorporated into Hazard Mitigation Plan updates: Rollinsford, Durham, Newmarket, Dover, Portsmouth, Rye, North Hampton and Hampton Falls.

• Sand Dune Restoration in Seabrook and inland shoreland restoration projects- in Durham and Dover.

Recognizing that they do have choices, many communities have taken steps to ensure their decisions of today will protect them against flooding in the future. New Hampshire’s coastal municipalities are among those rethinking their long-term vision for their coastal areas. The catalyst in some cases is the “sunny day” flooding many regularly experience from the highest annual and seasonal tides and the increased flooding that occurs during moderate storms. These conditions could become the new normal as sea levels rise and precipitation increases.

How would life change if our coastal areas flooded twice daily at high tide?

No doubt our quality of life would be diminished, as business continuity, employment, and tourism decline and the cost of flood insurance rises.

With funding from federal agency partners, a handful of New Hampshire muwww.nhmunicipal.org

“The sea, the great unifier, is man’s only hope.

Now, as never before, the old phrase has a literal meaning: we are all in the same boat.”

- Jacques Cousteau

nicipalities launched climate adaptation initiatives focused on planning, regulatory reform, assessment of local flood impacts, and community outreach.

These actions have helped gain public support to enact regulatory standards for coastal development, invest in infrastructure improvements, and fund technical assistance and staffing needed to implement new programs and policies.

Envisioning the Future: Science and Sound Planning Guided by the best available science, municipalities recognize that incremental steps are needed now and in the long term to address impacts from coastal flooding and increased precipitation.

A series of actions can help municipalities respond to changing conditions while providing “no regrets” benefits to the community. These actions

include preservation and restoration of shoreline ecosystems and their services, infrastructure that can be adapted to changing conditions, and prohibitions on new development in the areas at highest risk of flooding.

Municipalities have the power today to ensure the viability of their populations in the future. Let’s dare to focus on the big picture through the lens of climate change. New Hampshire’s coastal municipalities have already shown a willingness to embrace innovation to solve the complex problems posed by sea level rise and the possibility of a future with increased coastal storm activity. Whatever we do to improve our resiliency in vulnerable areas today will benefit our future throughout the state.

Julie LaBranche is a Senior Planner with the Rockingham Planning Commission and can be reached by phone at 603.658.0522 or by email at jlabranche@ rpc-nh.org. Kyle Pimental is Principal Regional Planner with the Strafford Regional Planning Commission and can be reached by phone at 603.994.3500 or by email at kpimental@strafford.org.

MARCH/APRIL 2018

39

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. In this issue, we hope you enjoy meeting Charlene Lovett, Mayor in the City of Claremont.

TC: What are your duties and responsibilities as Mayor?

CL: I am the Mayor of Claremont. We are a City Council/City Manager form of government. So, in addition to running Council meetings, making mayoral appointments and acting as the head of the City for all ceremonial purposes, I am part of a nine-member governing body. Additionally, I often travel to Concord to testify on those bills that impact our City.

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

CL: Given the Council is comprised of individuals who are not compensated and often work elsewhere, I must be mindful of their time and use it well. The challenge for me is to ensure that meetings are well organized, topics for consideration are prioritized and Council members have the background information they need to make well-informed decisions.

Charlene Lovett

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

CL: NHMA has been a wonderful resource. Because I have attended annual conferences, participated in webinars, read legislative bulletins and other reference material, I am better prepared to speak on issues that impact the City. By inviting NHMA to present at our meetings, we as a Council and the public have had the opportunity to engage with individuals who are experts in their field. On several occasions, I have used NHMA’s legal assistance for guidance pertaining to language changes in ordinances and other documents. Finally, I have found the Legislative Bulletin to be invaluable in trying to keep current with bills working their way through the legislative process in Concord.

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

CL: As one of the 21 communities at highest risk for lead poisoning, the City Council and School Board elected to make this issue a community-wide priority in December 2016. Since then, we have worked hard to incorporate all stakeholders in the community and educate the public on this issue. As a result, multiple actions have taken place that are increasing screening rates and reducing the exposure of lead in our children.

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.

40

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

CL: As a military retiree, I am often asked to help people with military related requests. Several times, I have been asked by family or friends about the possibility of adding the names of loved ones lost in war to our memorials. Last May, I had the privilege of standing with two families during our Memorial Day service, and recognizing their families’ sacrifice. It was an honor to personally meet the siblings and children of the men who were lost.

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

CL: Generally speaking, people find change to be unsettling. If change is necessary, I have found that people react better if they are given time to learn about the issue and why change is necessary.

I have learned that there are times when the best ideas come from those whom we least expect, and people want to be heard.

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

CL: I would say that it is a lot of work, and there will never be enough time in the day to get everything accomplished that you might like. If you do the job right, it isn’t about you. You are a servant of the people, and it is a privilege to have been given their trust. Be professional and conduct yourself in a manner that brings credit to the community.

NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

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Court

Update

Toll Free: (800) 566‐0506

By Stephen C. Buckley, Legal Services Counsel and Margaret M.L. Byrnes, Staff Attorney

Court Update, previously a regular column in New Hampshire Town and City magazine, has moved to the New Hampshire Municipal Association web site to provide more timely information to NHMA members. Opinions will be posted after they are released, and a reminder will be included here and sent in Newslink. To read previous Court Update columns, please visit www.nhmunicipal.org.

Now available online: Net Book Value Approach in Valuation of Utility Property is Permissible PSNH v. Town of Bow, New Hampshire Supreme Court No. 2016-0668, 12/11/2018

www.nhmunicipal.org

MARCH/APRIL 2018

41

Legal

Q and A

By Stephen C. Buckley, Legal Services Counsel with the New Hampshire Municipal Association

It’s Mud Season: Weight Restrictions on Local Roads Q. Do local officials have the authority to set vehicle weight limits for local roads?

A. Since local officials have a statutory duty to maintain all Class V roads on a year round basis, RSA 231:190 and :191 allow them to take special steps to protect the roads from damage by imposing limits on the weight of vehicles that use the road. The limits may be permanent or temporary.

Local roads, meaning Class IV, V and VI highways, are especially vulnerable to damage in the spring. If there is a problem with a bridge or other structure, the limits may be permanent. If the problem relates to the spring thaw, the restriction is usually temporary.

Q. Why does most of the risk of damage occur in the spring?

A. It’s all about water and the freeze-thaw cycle. If a road is paved, and there is any crack in the surface, a water/ sand/salt mixture will seep into the road base. The salt will cause this area to freeze at a lower temperature than the surrounding area, allowing more water to seep in. When the area eventually freezes, it heaves the pavement as much as four inches over a 10-foot distance in a process called “tenting.” The uneven surface causes more cracks, and the process continues until the pavement is destroyed. On an unpaved road, the surface thaws while the subsurface stays frozen. Water can no longer drain away, and the surface becomes saturated, turning into mud. The mud cannot support the weight of a vehicle, allowing the wheels to sink until they hit the firm frozen layer, creating ruts as the vehicle moves forward. The ruts freeze overnight, and the process continues until the surface becomes impassable. The heavier the vehicle, the greater the potential for damage. Once the weather warms, the frost leaves all layers of the road, the water drains away, and both types of roads return to their ability to support heavy loads. The summer maintenance program must then deal with the damage caused during this vulnerable time.

42

NEW HAMPSHIRE TOWN AND CITY

Q. Since this happens every year, why aren’t all roads built to handle the drainage, and minimize the damage?

A. Because that would require every road to be built like an interstate highway, and local governments simply can’t afford the cost. Many of our local roads came into existence when horses were the primary means of transportation, and the base layers were not built to withstand the weights of modern vehicles.

Adding layer after layer of pavement does not solve the problem, because the base still can’t take the load. Research shows that implementation of a spring restriction program will increase the life of pavement by 10 percent. If pavement is scheduled to last 30 years, that adds three years to the life of the road.

Q. How do local officials implement the maximum weight limit statute to protect local roads?

A. RSA 231:191 allows the governing body, in consultation with the highway agent, to establish and post maximum weight limits when needed to prevent “unreasonable damage or extraordinary municipal maintenance expense” on a Class IV, V or VI highway. Signs must be placed so that drivers of restricted vehicles will know of the restriction before entering the affected road. The restriction can be placed on any local public road. Depending upon the conditions, the restriction might deal only with the heaviest vehicles, such as tractor trailer units, but it could apply down to the passenger car or truck. Thus, even a Class VI road where the municipality has no duty for maintenance, and which is ordinarily passable only by a four-wheel drive vehicle or an ATV, may be restricted to prevent any vehicle from doing additional damage.

Q. What steps must the governing body take to adopt enforceable road weight limits?

A. When the governing body votes to establish a weight limit (whether year-round or seasonal), the written minutes of the meeting should reflect testimony from the road agent or highwww.nhmunicipal.org

way engineer that the limit was necessary “to prevent unreasonable damage or extraordinary municipal maintenance expense.” Municipalities typically lift the restrictions once the weather of “mud season” has passed, but extended closure may be justified. If a road has been seriously damaged, there may be a real need to keep the restriction in place until repairs can be completed.

Q. Once the weight limits are adopted, what else is required?

A. The weight limit must be posted legibly and conspicuously at all entrances from other highways using “weather resistant materials.” RSA 231:191, II. The names of those officials legally authorized to grant exemptions from the weight limit (that is, select boards, highway agents, or street commissioners) must be posted in the town or city hall. Exemptions must be granted “in an expeditious manner.” RSA 231:191, III.

Q. Can we require a bond for the cost of road repair as a condition of granting an exemption?

A. A municipality may condition an exemption upon bonding and restoration of the highway if damage occurs.

The weight limit statute does not discuss allowable bonding requirements further, but guidance may be found in RSA 236:10, under which municipalities are authorized to require a bond as part of permission under RSA 236:9 for any person to disturb the traveled way, ditches, or other areas of a highway. Such bonds may be imposed to provide for the satisfactory restoration of the highway but must “be equitably and reasonably applied to other bonded vehicles using the highway.” The type of commodity being transported cannot be the determining factor when requiring a bond or the dollar amount of the bond. The municipality may also impose other reasonable conditions. For example, an oil delivery truck could be required to use the road prior www.nhmunicipal.org

to 10:00 a.m., when it is more likely that the surface is still somewhat frozen from the overnight drop in temperature, or deliveries could be based on a weather forecast when the temperatures are as low as possible.

Q. Are there any exceptions to the restrictions that need to be allowed?

A. Yes. RSA 231:191 permits landowners and commercial enterprises which use the road to be granted an exception if they show that “practical difficulty or unnecessary hardship” will result from the weight limit. The exception granted may be subject to conditions, and the user may be required to post a bond for the cost of restoring the road. RSA 236:3a excludes heating fuel trucks, trucks delivering processed milk products, trucks carrying sap for maple syrup production and septic pumper trucks from seasonal weight limits. RSA 266:19-a exempts firefighting equipment from the restrictions. RSA 266:21 exempts winter maintenance equipment that is owned, leased or rented by the state or any political subdivision of the state. RSA 266:24 exempts “implements of husbandry” (farm equipment) from the restrictions.

Q. What if the restrictions cause special impacts to a business, such as restricting shipments and deliveries to a warehouse, or preventing a logging company from removing forest products from a parcel of land?

A. RSA 231:191, VII requires the governing body to hold a hearing within 15 days from receipt of a request from an “impacted business.” If the hearing is not held, the weight restriction cannot be enforced. The statute provides little guidance for the governing body who receives such a request. Presumably, the business desires an exception which will allow it to move heavy vehicles over the road, and the governing body must decide whether or not there are conditions which could allow the movements

to be made safely, and also decide how the business will compensate the municipality for any excessive damage that the movements may cause.

Q. How do we know when the time has come to restore regular traffic to the road?

A. Some municipalities create an ordinance which includes a fixed time limit, such as March 1 to May 1, and imposes the restriction year to year. However, it is probably better to respond to the actual conditions that occur. The need for restrictions will depend on variables such as amount of snowfall, ongoing spring precipitation, actual daytime and nighttime temperatures, and specific areas where drainage is poor. Also, research in Minnesota suggests that paved roads recover almost two weeks earlier than unpaved roads. Depending upon the actual conditions, restrictions might be placed or modified earlier or later than a fixed date in March or May. The experience of the road agent is helpful at specific locations.

Q. How are road weight limits enforced?

A. A person who violates the weight limits or the terms of an exemption is guilty of a “violation if a natural person, or a misdemeanor if a corporate or other entity.” RSA 231:191, VI. Criminal prosecution is required to enforce those penalties. In addition, anyone whose action damages the highway is liable for the cost of restoration of the highway (or may be required to restore it themselves) to a condition satisfactory to the person authorized to grant exemptions from weight limits. RSA 231:191, VI. However, the municipality cannot impose restoration costs on anybody without “reason to believe that the…damage…is attributable” to that person. RSA 231:191, IV. Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be contacted at 603.224.7447 or at legalinquiries@nhmunicipal.org.

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