New Hampshire Town and City November - December, 2016

November/December 2016

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue:

See Annual Conference Center Spread Preparing for a Changing Climate: Resources for Municipalities....................................................................... 8 The Municipal Role in Managing a Drought Emergency in New Hampshire......................................... 13 Private Wells: An Opportunity for Municipalities to Improve Public Health....................................................... 17

Contents Table of

Volume LIX • Number 6

November/December 2016

3 A Message from the

NHMA Executive Director

5 Happenings 7 Upcoming Events 34 Up Close and Personal on the Board: Priscilla Hodgkins 35 Up Close and Personal in the Field: David “Swens” Swenson 36 Tech Insights: A Look at Modern Security 40 Legal Q and A: Frequently Asked Questions About the New Hampshire Rivers Management and Protection Program

8

Preparing for a Changing Climate: Resources for Municipalities

13

The Municipal Role in Managing a Drought Emergency in New Hampshire

17

Private Wells: An Opportunity for Municipalities to Improve Public Health

21

Are You Ready for This?

26

Recent History of the NHMA (2006-2010)

Cover Photo: Linda Blood, a longtime resident of Kensington.

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

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 2016 New Hampshire Municipal Association

www.nhmunicipal.org

NOVEMBER/DECEMBER 2016

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New Hampshire Municipal Association

Board of Directors The Board of Directors oversees NHMA’s league services. The board is comprised of 25 local officials elected by NHMA member municipalities.

Seated, left to right: Chris Dwyer (Councilor, Portsmouth), Stephen Fournier (Town Administrator, Newmarket; Immediate Past President), Donna Nashawaty (Town Manager, Sunapee; Treasurer); Scott Myers (City Manager, Laconia; Chairman), Shelagh Connelly (Selectman, Holderness; Vice Chairman), Elizabeth Dragon (City Manager, Franklin), Elizabeth Fox (Assistant City Manager/Human Resource Director, Keene), and Elaine Lauterborn (Councilor, Rochester).

Standing, left to right: Eric Stohl (Selectman, Columbia), Ben Bynum (Clerk/Tax Collector, Canterbury), Bill Herman (Town Administrator, Auburn), Hal Lynde (Selectman, Pelham); Phil D’Avanza (Planning Board, Goffstown), John Scruton (Town Administrator, Barrington), Brent Lemire (Selectman, Litchfield), Teresa Williams (Town Administrator, Wakefield), Patrick Long (Alderman, Manchester), David Caron (Town Administrator, Jaffrey), Shaun Mulholland (Town Administrator, Allenstown) and Jim Maggiore (Selectman, North Hampton).

Missing: Candace Bouchard (Councilor, Concord), Butch Burbank (Town Manager, Lincoln), Priscilla Hodgkins (Clerk/Tax Collector, New Castle), Nancy Rollins (Selectman, New London) and David Stack (Town Manager, Bow).

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www.nhmunicipal.org

A Message from the

NHMA

Executive Director Judy Silva

N

HMA’s Legislative Policy Conference drew 58 local officials to the NHMA offices in September to determine the legislative policies NHMA staff will advocate during the coming legislative biennium. Appointed and elected officials from small towns, such as Stoddard (1,256)*, Wilmot (1,358), and Hancock (1,644) to large cities, including Concord (42,390), Dover (30,524), Rochester (29,875), and Portsmouth (21,496) participated, representing their municipalities in this member-driven process of setting priorities.

The policy conference attendees debated, explained, amended, passed, and killed policy proposals—some by wide margins while some were squeakers! The end result is the 2017-2018 Legislative Policy Positions which you will find as an insert in this magazine. This member-driven policy process is one of the most important events NHMA member municipalities can participate in, and we thank the officials who served on the three policy committees and those who attended the policy conference.

MUNICIPAL ENGINEERING Supporting NH Municipalities Since 1962

TRANSPORTATION

Roads, Bridges, Sidewalks, Traffic, Airports

SITE DEVELOPMENT Civil/Site, Stormwater, Survey, Permitting

NATURAL RESOURCES Wetlands, Dams, River Restoration

Are you ready for NHMA’s 75th Anniversary Annual Conference? It’s not too late to register! On November 16 and 17, we have two days of great activities planned, with over 50 educational sessions for everyone from all walks of the municipal world.

We also will host over 100 exhibitors in the Expo Hall, who will have information on the latest products to help run your town or city. Our Wednesday keynote speaker, Loretta Laroche, is a popular entertainer who delivers great messaging on dealing with stress—starting with a lot of laughter!

We also have a special 75th Anniversary Celebration Gala planned, which will include a cocktail hour with music, dinner, and after dinner entertainment by Dueling Pianos—no, that’s not Barbara Reid and Cordell Johnston who have so ably provided keyboard accompaniment to our exhibitor reception! The only thing that will be missing from the Gala will be a collection of long-winded speeches! We will briefly recognize this impressive milestone and allow plenty of time for networking with friends, music, and celebration. Our members are the most important thing for NHMA, and we do hope to see you there. *population based on 2015 OEP estimates

WATER/WASTEWATER Collection, Treatment, Storage, Distribution

FACILITIES

Warmest regards,

Mechanical, Electrical, and Structural Engineering

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

Judy Silva NHMA Executive Director

www.dubois-king.com

www.nhmunicipal.org

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Asset Management Time Machine: Is it the Wave of the Future, or the Bridge to the Past, or Both?

Wednesday, November 9 12:00 pm—1:00 pm

Upcoming

Webinars NHMA will be hosting two webinars in November and December for members of the New Hampshire Municipal Association.



Asset Management Time Machine

Our local infrastructure is the basic foundation of the health and economic well-being of municipalities across New Hampshire. When cities and towns talk about economic development, it all begins with our local infrastructure – roads, bridges, water and wastewater treatment facilities, and other physical assets. The way we manage the local infrastructure we own is called asset management.

Join representatives from the New Hampshire Department of Environmental Services Water Division, Luis Adorno (drinking water), Sharon Rivard (wastewater); and Barbara McMillan (stormwater) who will help us understand why now is the time for municipalities to climb aboard the asset management time machine and go for a ride. Having a clearer picture of the current state of your municipal infrastructure can help all of us make more informed decisions about asset operations, maintenance and renewal.

Exploring Infrastructure Funding Strategies Wednesday, December 7 12:00 pm—1:00 pm



Exploring Infrastructure Funding Strategies

Loan officers from the New Hampshire Department of Environmental Services (NHDES) and the USDA Rural Development Office, will walk us through the “life of a project,” from concept through construction and into repayment. Presenters will briefly describe program financial incentives and the process of preparing for construction.

Join Johnna McKenna, NHDES Drinking Water State Revolving (DWSRF) Loan Program; Eric Law, Community Loan Specialist VT/NH, US Department of Agriculture, Rural Development: and Beth Malcolm, NHDES Clean Water State Revolving Land Fund (CWSRF) Loan Program, to learn how these subsidized loans and grant programs work together.

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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www.nhmunicipal.org

HAPPENINGS NHMA Staff On The Road in September and October Fall is always a busy season for NHMA’s attorneys and staff, who increasingly provide presentations by request at member locations. In September, Government Affairs Counsel, Cordell Johnston, gave a Right-to-Know Law presentation in the Town of Albany.

In late September, Legal Services Counsel, Stephen Buckley, also presented on the Right-to-Know Law in the Town of Sandwich. NHMA attorneys and staff presented dozens of additional presentations this fall, some of which are provided below:

geared to participants on how to be a successful professional planner. The first class focused on rules of conduct, code of ethics, and generally the area of professional conduct.

NHMA’s Legal Services Counsel, Stephen Buckley (pictured bottom left), addressed a small but attentive audience at the Stratham Town Offices on September 22 to review current issues under the state’s Right-to-Know Law. Buckley addressed some of the most difficult issues under the law, including confidential information, electronic records and communication, procedures for non-public sessions, and communications outside a meeting.

Budget and Finance Workshops a Hit!

NHMA’s Government Affairs Counsel, Cordell Johnston, and NHMA’s Staff Attorney, Margaret Byrnes, (both pictured top right in photo) addressed a gathering of fifteen regional planning professionals from across the state at NHMA offices on September 19. The Regional Planner Training Initiative, organized by the Nashua Regional Planning Commission, is a series of eight educational classes

www.nhmunicipal.org

NHMA’s Budget and Finance Workshops provided valuable training to 237 individuals serving their municipalities as selectpersons, finance directors, treasurers, budget committee members, town managers/administrators, town clerks, tax collectors, and in other capacities. Workshop participants benefited from several educational sessions that reviewed municipal budget law, budgetary comparisons through the use of the NH Public Finance Consortium redesigned data model, and legal and fiduciary responsibilities for Trustees of Trust Funds, Library Trustees and Cemetery Trustees. The ever-popular Q&A session provided answers to burning budget questions to the NHMA panel of experts. The full-day workshops, held September 20 at the Puritan Conference and Event Center in Manchester and September 27 at The Attitash Grand Summit Hotel in Bartlett, were presented by NHMA’s Government Finance Advisor, Barbara

Reid, NHMA’s Legal Services Counsel, Stephen Buckley, and Margaret Byrnes, NHMA Staff Attorney.

Attorney Matt Serge of Drummond Woodsum and NHMA’s Staff Attorney Margaret Byrnes present a law lecture workshop held on September 28 at the Lincoln Town Offices.

Municipal Law Lecture Series Held Around the State Another successful run of the Municipal Law Lecture Series, held in multiple locations in September and October, has concluded. These lectures, held in Keene, Derry, Lincoln, Newington and Concord, were well attended by over 250 municipal officials seeking advice and guidance for carrying out their local government responsibilities. The topics of this year’s program included developments in the law, conflicts of interest, and code enforcement. NHMA would like to thank the following speakers for their time and efforts: Ben Frost, New Hampshire Housing; Timothy Corwin, City of Lebanon; Matthew Serge, Drummond Woodsum; and Christopher Hilson, Eric Maher and Justin Pasay, Donahue, Tucker & Ciandella, PLLC.

Elected City and Town Officials Gather for Training Event Elected officials from New Hampshire’s 13 cities and those serving in NOVEMBER/DECEMBER 2016

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HAPPENINGS from page 5 “representative” local government, namely town council towns, attended NHMA’s Workshop for City and Town Councilors, Mayors, and Aldermen held on Saturday, September 17 at NHMA offices in Concord. Topics included legislative update and outlook, budget update and outlook, court update and outlook, city charters, the Right-toKnow Law, conflicts of interest, and incompatible offices. NHMA staff presentations were made by Judy Silva, Executive Director; Cordell Johnston, Government Affairs Counsel; Barbara Reid, Government Finance Advisor; Stephen Buckley, Legal Services Counsel; and Margaret Byrnes, Staff Attorney. The event provided an opportunity for city and town officials to participate in an exchange of ideas and forge new relationships with counterparts from around the state. Attendees received a copy of the 2016 edition of Guidebook for New Hampshire City and Town Councilors, Mayors, and Aldermen.

Elected city officials not in attendance will also receive a copy of the publication; additional copies are available for purchase by calling 800.852.3358, or through NHMA’s online store located at www.nhmunicipal.org.

NHMA’s Legal Counsel, Stephen Buckley, addressed a group of 50 interested municipal officials on September 29 at an Accessory Dwelling Unit Workshop at the Exeter Public Library.

This workshop was hosted by the Rockingham Planning Commission.

than 50 action, priority, and standing policies during the nearly three-hour event. Resulting member-approved policies will guide actions and priorities of NHMA’s Government Affairs staff as they represent municipal interests before the state legislature during the 2017-2018 biennium.

NHMA’s Reid Recognized For Her Legislative Efforts

Members Cast Their Votes at Legislative Policy Conference Nearly 60 members from 54 member municipalities gathered in Concord for the New Hampshire Municipal Association’s Legislative Policy Conference on September 23. Participants discussed, debated and voted on recommended policies covering a broad array of local government concerns. Delegates represented a range of population and governance structures, from the City of Portsmouth to the Town of Wilmot. Representatives engaged in lively debate of more

NHMA’s Government Finance Advisor, Barbara Reid, was recognized in September by the Granite State Rural Water Association (GSRWA) for her work on securing additional funding promised to cities and towns under the State’s environmental state aid grant program. Reid was presented the 2016 Rural Water Advocate Award for working successfully with the state legislature to secure over $5 million in grant assistance for eight voter-approved infrastructure projects.

The state legislature had suspended funding for these infrastructure projects in 2008. Rep. Peter Leishman and Rep. David Danielson received recognitions for their legislative efforts as well.

NHMA’s Buckley Presents on Accessory Dwelling Units in Exeter

From left to right: Phil Maltais, GSRWA Secretary/ Treasurer; Rep. Peter Leishman; NHMA’s Barbara Reid, Rep. David Danielson; and Jennifer Palmiotto, GSRWA Executive Director.

From Left to right: Phil Wilson, Chair, Rockingham Planning Commission; Ben Frost, NH Housing Finance Authority; NHMA’s Stephen Buckley; Glenn Greenwood, Assistant Director, Rockingham Planning Commission.

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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.

NOVEMBER

DECEMBER

Webinar: Asset Management Time Machine Wednesday, November 7 12:00 p.m. – 1:00 p.m.

Webinar: Exploring Infrastructure Funding Strategies Wednesday, December 7 12:00 p.m. – 1:00 p.m.

NHMA Annual Conference and 75th Anniversary Gala Radisson Hotel, Manchester Wednesday, November 16 Conference: 10:00 a.m. – 4:30 p.m.

Gala: 5:30 p.m. – 9:30 p.m.

NHMA Annual Conference and Exhibition Radisson Hotel, Manchester Thursday, November 17 9:00 a.m. – 4:00 p.m.

Workshop: Right-to-Know Law: Current Issues Wednesday, December 7 6:00 p.m. – 8:00 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord Day After Christmas (NHMA Offices Closed) Monday, December 26

Thanksgiving Day (NHMA Offices Closed) Thursday, November 24 Day After Thanksgiving (NHMA Offices Closed) Friday, November 25

www.nhmunicipal.org

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Preparing for a Changing Climate: Resources for Municipalities

By Pete Walker

W

hen turning on the news, it’s hard to miss the seemingly near-daily stream of warnings and images related to extreme weather events resulting from a changing climate. The messages often appear bleak, but New Hampshire municipalities can take action now to prepare us for the future.

The Impact on Municipal Infrastructure According to numerous academic and government studies, New Hampshire can expect to feel impacts related to the changing climate. Perhaps the most obviously vulnerable communities are those along the coast. Here, climate change is already resulting in increased flooding from intense precipitation events, coastal storm surges, and sealevel rise. Coastal communities are not the only ones who will be impacted, though: Inland areas will also experience changes, most notably increased precipitation and more extreme precipitation events. In fact, climate data already show an increase in the frequency and magnitude of significant flood events throughout the United States, including New England. Interestingly enough, the National Oceanic and Atmospheric Administration (NOAA) cites several studies that find this increase in flooding has occurred not as a slow progression over many years or decades, but rather as a step-change that took place around the year 1970. Meanwhile, temperature increases will impact everyone across the state, raising the likelihood of heat waves and more frequent extreme heat events that have serious implications for public health, natural resources, and industries like agriculture and forestry.

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NEW HAMPSHIRE TOWN AND CITY

What does this mean for our towns and cities? For one thing, thousands of parcels of land across the state—including municipally-owned, residential, and private properties—could be at moderate to high risk of flooding over the long term, potentially impacting property values and tax base. Moreover, the infrastructure that we rely so heavily upon for economic, recreational, and daily activities is left at risk. For example, increased damage from extreme water and heat can increase costs for staff and supplies to maintain or replace roadways, culverts, bridges, railways, harbors, and airport runways. Similarly, strong storm events may impact our access to essential transportation infrastructure—potentially for an extended period of time, depending on severity. For New Hampshire, where tourism, fishing, and agricultural-related activities contribute greatly to the local economy, these types of infrastructure vulnerabilities may translate to further lost revenue.

The list of potential impacts to municipal infrastructure continues. For instance, water events may stress dams and wastewater treatment facilities, also requiring more effort and funds. Extreme changes in temperature may result in higher costs for heating and cooling, placing further burden on our energy resources. Additionally, communities may need to invest more in emergency preparedness activities, including potential evacuation planning. By no means is this list of possible impacts exhaustive, either—not to mention exclusive of the many adverse ecological impacts that could be felt.

Planning and Adaptation Strategies Fortunately for New Hampshire municipalities, there are www.nhmunicipal.org

The Town of Exeter plans to remove the Great Dam from the Exeter River in 2016, in part to reduce the risk of flooding and increase the Town’s resiliency to climate change. The technical analysis and public vote to remove the dam included consideration of the likely effects of climate change on flooding adjacent to the river.

actions that can be taken to strengthen our infrastructure and increase our resiliency to climate change impacts. Climate adaptation involves changing the management of human and ecological infrastructure to help offset adverse effects. To be most effective, adaptation planning should be guided by a collaborative process that evaluates community resources to identify vulnerabilities and opportunities, then incorporates adaptation recommendations into community plans (e.g., master plans, hazard mitigation plans, capital improvement plans), land use regulations, and future infrastructure projects.

Examples of first-step actions that communities can take include mapping areas impacted by rising sea levels and updating community plans. Similarly, communities can account for increased storm intensity in engineering design flows that guide infrastructure such as culverts and bridges. Communities have even planned for climate change when considering management of dam infrastructure, choosing to remove dams that no longer serve an important function in an effort to lessen the effects of increased flooding; such action has the added benefit of improving the ecological resilience of the river system. Adaptation strategies can also involve the restoration of wetland, floodplain, and stream ecosystems, which helps to buffer the effects of increased precipitation and wave energy.

Over the last decade, the need for communities to take these types of actions to address the numerous potential impacts of climate change has been picking up steam. Critical to the effort was an executive order issued by Governor Lynch in December 2007. The order established a Climate Change www.nhmunicipal.org

Policy Task Force and charged the Task Force with developing a Climate Action Plan for the State of New Hampshire, which was issued on March 25, 2009. While the plan focused on actions needed to reduce greenhouse gas emissions in an attempt to mitigate the magnitude of the predicted change, there is growing recognition that communities should also plan to adapt to the effects of climate change. More recently, the New Hampshire Coastal Risk and Hazards Commission (NHCRHC) released a draft report, Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation, that summarizes our state’s vulnerabilities to projected coastal flood hazards and puts forth recommendations to minimize risk and improve resilience. Public comment is being accepted on the draft report, which is available on the Commission’s website (http://nhcrhc.stormsmart.org/ draft-for-comment/), as well as at public libraries and town and city halls located in coastal zone municipalities.

Resources Available to Communities By preparing for climate change early and taking appropriate actions now, communities can avoid significant costs—whether economic, social, or ecological. From technical assistance to grant funding opportunities, a number of resources are available to help New Hampshire municipalities plan for the future, save money, and protect valuable infrastructure.

Information and Technical Resources • US Climate Change Resiliency Tool Kit. This resource provides scientific tools, information, and expertise to M AY / J U N E 2 0 1 5

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CHANGING CLIMATE from page 9 help manage climate-related risks and opportunities, and to improve resilience to extreme events.

The website includes technical guidance and has a compendium of information on federal and non-governmental funding opportunities that New Hampshire communities can investigate. Further information can be found here: https://toolkit.climate.gov/.

• NH Department of Environmental Services (NHDES) Climate Adaptation Toolkit. This toolkit provides a variety of adaptation tools and resources for assessing and planning for climate change impacts. The toolkit allows a community to choose the path to take, starting with where it currently is in assessing and planning. Further information can be found here: http://des.nh.gov/ organization/divisions/air/tsb/tps/ climate/toolkit/learn.htm.

• NHCRHC. Formed in 2013 by legislation, the NHCRHC has been charged with making recommendations on policies and actions needed to prepare coastal New Hampshire for projected rises in sea level and other natural hazards. The result of their study is now available in a draft report, Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation. Further information can be found here: http://nhcrhc.stormsmart.org.

• The New Hampshire Coastal Adaptation Workgroup (NHCAW).

NHCAW is a collaboration of 22 organizations that seeks to help communities in New Hampshire’s seacoast area prepare for the effects of extreme weather events and other effects 10

of long-term climate change.

They also offer a range of helpful resources such as workshops, an annual NH Climate Summit, and direct technical assistance through collaborative projects.

Further information can be found here: www.nhcaw.org.

• NH Coastal Viewer. This online mapping tool offers coastal resources, spatial data, hazards-related spatial data, and other spatial data sets within New Hampshire’s 42 coastal watershed communities—all together in one place. The mapper is an easy-to-use resource to help visualize community resources for those involved in planning risk assessment or adaptation projects. Further information can be found here: http://www.granit. unh.edu/nhcoastalviewer/.

• Climate Solutions New England (CSNE). Founded by the University of New Hampshire Sustainability Institute, CSNE promotes energy self-reliance and weather resiliency as keys to a prosperity for New England communities. They host events, including presentations and workshops, to further this mission. Further information can be found here: http://www.climatesolutionsne.org.

• Upper Valley Adaptation Workgroup (UVAW). This workgroup seeks to help build weather-resilient communities in this region of New Hampshire and Vermont. The UVAW hosts workshops, and their website contains links to helpful resources. Further information can be found here: http://uvaw.uvlsrpc.org.

Funding Opportunities • National Oceanic and Atmospheric Administration Grants.

NEW HAMPSHIRE TOWN AND CITY

NOAA has a variety of funding opportunities available for local communities, including grants for implementation of climate resiliency projects. Further information can be found at https:// coast.noaa.gov/resilience-grant/ and http://www.noaa.gov/budgetgrants-and-corporate-services.

• US Environmental Protection Agency (EPA) Smart Growth Grants. The EPA’s Office of Sustainable Communities occasionally offers grants to support activities that improve the quality of development and protect human health and the environment. Further information can be found here: https://www. epa.gov/smartgrowth/epa-smartgrowth-grants-and-other-funding.

• Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance. FEMA offers a range of grants intended to protect life and property from future natural disasters. Examples include: –– Hazard Mitigation Grant Program: Assists in implementing long-term hazard mitigation measures following a major disaster; –– Pre-Disaster Mitigation: Provides funds for hazard mitigation planning and projects on an annual basis; –– Flood Mitigation Assistance: Provides funds for projects to reduce or eliminate risk of flood damage to buildings that are insured under the National Flood Insurance Program on an annual basis Further information can be found here: http://www.fema.gov/hazard-mitigation-assistance.

• NH Aquatic Resource Mitigation www.nhmunicipal.org

Fund. The NHDES administers this program, which can be used to fund land protection and habitat restoration projects throughout the state. Grant funds are available annually and have been used to conduct community-based projects that increase climate resiliency. Further information can be found here: http:// des.nh.gov/organization/divisions/ water/wetlands/wmp/.

damage, as well as those that increase public understanding of vulnerabilities and opportunities to reduce risk. Further information can be found here: http:// des.nh.gov/organization/divisions/ water/wmb/coastal/index.htm.

Pete Walker is a principal with the environmental services group at VHB in Bedford, NH. He has also previously

worked at NHDES and has been actively involved in state-level environmental advisory committees for proposed policy and regulatory changes. Pete can be reached at: pwalker@vhb.com. Pete would like to thank the New Hampshire Coastal Program’s Kevin Lucey and Kirsten Howard for assistance preparing and reviewing this article.

• NH Coastal Program Coastal Resilience Funding. Two rounds of funding have been issued through this new grant program, and more funding may become available in the future. Funds from this program are intended to support communication, planning and design, and construction projects that address coastal hazards at the local level—including projects that reduce the risk of future

www.nhmunicipal.org

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Wednesday, December 7, 2016 6:00 p.m.— 8:00 p.m.

NHMA Offices, 25 Triangle Park Drive, Concord The Right‐to‐Know Law affects every aspect of local government in our state.

Every board, commi�ee, commission, and sub‐commi�ee in every town, city, and village district in New Hampshire must comply with this law. As a result, all local officials and employees should be aware of the law and what their responsibili‐ �es are regarding both public mee�ngs and governmental records.

This free session is open to all local officials from NHMA member municipali�es.

NHMA staff will provide an overview of the law and address some of the most difficult issues under the law, including conden�al informa�on, electronic rec‐ ords and communica�on, procedures for non‐public session, and communica‐ �ons outside a mee�ng. There will be ample �me for ques�ons and answers on all aspects of the law.

Register online at www.nhmunicipal.org under CALENDAR OF EVENTS

QuesƟons? Please call 800.852.3358, ext. 3350 or email NHMAregistraƟons@nhmunicipal.org.

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www.nhmunicipal.org

The Municipal Role in Managing a Drought Emergency in New Hampshire

By Brandon Kernan

S

outhern New Hampshire is experiencing a drought emergency, having received about 50% of its normal rainfall over the last six months. Streamflow and groundwater levels are at historic lows. Some New Hampshire residents on private wells, as well as some community water systems, are experiencing water supply shortages.

More widespread shortages are imminent if rainfall does not replenish our lakes, streams, and groundwater supplies before winter weather sets in, as our water resources will probably not be substantially refilled until after the snowmelt during the spring of 2017. The drought condition is a very slow-moving natural disaster that may continue to worsen. So what is the municipal role in managing such a drought emergency in New Hampshire?

Municipal Authority to Restrict Lawn Watering - Average indoor water use per capita in New Hampshire is approximately 63 gallons per day. In the summer, total water use increases to 93 gallons per capita per day due to outdoor water use, mostly attributed to lawn watering.

Since July of this year, the New Hampshire Department of Environmental Services (NHDES) has encouraged New Hampshire residents to stop lawn watering immediately in response to the drought. Public water systems in New Hampshire have authority to restrict or ban residential lawn watering by their customers. Municipalities have broader authority under RSA 41:11-d to adopt regulations to restrict or ban outdoor lawn watering for households that obtain water from either a private well or public water system. Those restrictions can take effect when the state or federal government has declared a state of drought.

www.nhmunicipal.org

In order to adopt residential lawn watering regulations for drought conditions, the local governing body may establish the regulations after public notice that includes publication in a paper of general circulation in the municipality and in at least two public places. The regulations may be implemented and enforced three calendar days following notification. The minimum notification requirements are provided in the statute, but towns are encouraged to find supplemental means of notification to residents. RSA 41:11-d allows for broad flexibility in developing residential lawn watering restrictions. The governing body of the municipality can specify how, where, when, and to what extent the lawn watering restrictions apply. The governing body may also enforce the lawn watering restrictions by imposing fines in accordance with RSA 625:9. More information about lawn watering restrictions, including model regulations, can be found at http://des.nh.gov/organization/divisions/water/dwgb/ water_conservation/documents/mo-lawn-watering-rstrctn.pdf.

Municipalities Providing Emergency Water Supplies to the Public A number of municipalities have provided access to an emergency water supply for use by residents that rely on private wells impacted by drought. Some municipalities have designated a location in town where people can get water. Where possible, municipalities should designate a local source of water that is already associated with a state regulated public water system to ensure the water is safe. If a source of drinking water is made available to the public that is not associated with a public water system, please contact NHDES at (603) 271-0660 to request testing of the water to ensure its safety.

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DROUGHT from page 13 Fire departments have also delivered drinking water to area farms to provide water for livestock or to irrigate crops. These efforts are critical to area farmers who are struggling to grow food for their livestock and provide them drinking water. Fire departments should not use their tanks to deliver water to households by refilling wells, nor should water from fire department tanks be used for human drinking and cooking. This activity could result in contamination of groundwater and cause people consuming the water to become sick.

Wintertime Recommendations for Households on Private Wells All wells are susceptible to the effects of drought, and households with private wells that fail may incur substantial expenses to improve or replace their well.

There are several things well users can do to deal with this situation.

• Manage Your Water Use Spread out the timing of water use so that multiple water uses do not co-occur so the well has time to replenish.

• Address Water Supply Problems Before Winter - If your water supply is currently becoming dewatered, now is the time to address the deficiencies.

Deferring work is risky because completing the work may not be possible and/or could be more costly in the winter.

• Financial Preparedness - Households should identify savings or other financing options for addressing failed water supply wells.

• Well Location and Basic Information – Maintain records showing the exact location of 14

the well and/or maintain a well location marker that can be identified during all seasons. Maintain records regarding your well construction and pump work.

Records for wells constructed after 1984 can be found online at http://www4.des.state.nh.us/ DESOnestop/BasicSearch.aspx.

• Detailed drought guidance for households on private wells including financial assistance programs for very low income households in rural areas can be found at http://des.nh.gov/organization/divisions/water/dam/ drought/documents/droughtguidehome.pdf.

Reducing Water Use in the Winter Months Even during the winter, when lawn watering is not occurring, hundreds of gallons of water a day can be conserved in the home. Opportunities for reducing water use are listed below.

• Sink Faucets – Whether you are brushing your teeth, washing your hands, or washing dishes, turn off the faucet to save 2.5 gallons per minute (gpm). For further savings, replace bathroom sink aerators with a 1.5 gpm aerator.

• Showerheads - Reduce shower time to save anywhere from 2.5 gpm to 5 gpm. Look closely at your showerhead for the labeled flow rate (gpm) and consider replacing it with a WaterSense certified showerhead that guarantees performance at 2.0 gpm or less.

• Clothes Washers – Wash only full loads and replace clothes washers that are more than 10 years old with new Energy Star certified washers to reduce water use from 23 to 40 gallons per load to 13 gallons per load and to

NEW HAMPSHIRE TOWN AND CITY

cut energy use by 25%. For more information, go to https://www. energystar.gov/. NHsaves.com offers a $30 rebate for energy efficient washing machines. Rebate forms are also often available with the retailer.

• Toilets – Fix running toilets to eliminate hundreds of gallons a day of wasted water. To test your toilet for a leak, place 15 drops of food coloring in the water tank of the toilet and wait 15 minutes to see if the color appears in the toilet bowl. If the color appears in the bowl, a common cause is the toilet flapper, which can be replaced with little effort or cost.

• Toilets older than 1994 may use anywhere from 3.5 gallons per flush (gpf ) to 7 gpf. Replace older toilets with WaterSense certified toilets (1.28 gpf ) to save hundreds of gallons a week. *WaterSense certified showerheads, toilets, and sink aerators have been tested for performance and are guaranteed to use 20% less water than today’s standard products. Look for the WaterSense label on the packaging at your local home improvement retailer or in the product information online. For more information about the products, go to https://www3.epa.gov/watersense/ and click on ‘Products.’

Brandon Kernen, a hydrogeologist in the Drinking Water Source Protection Program at the New Hampshire Department of Environmental Services, can be reach by email at Brandon.Kernen@des. nh.gov or by phone at 603.271.0660.

www.nhmunicipal.org

www.nhmunicipal.org

NOVEMBER/DECEMBER 2016

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Private Wells:

An Opportunity for Municipalities to Improve Public Health

By Paul Susca

Lead Contamination: Beyond Flint, Michigan

Perfluorinated Compounds: A New Focus

Water from the Flint River began flowing to the taps of Flint, Michigan residents in April 2014. Within less than a month, Flint residents began complaining about the water’s color and odor, but it wasn’t until late the following year that the Flint water crisis was consistently making national headlines. As is now common knowledge, the problem with water from the Flint River was that it was “corrosive:” although it did not have much lead when it left the treatment plant and entered the City’s distribution system, it leached lead out of old service lines (from the water main to the home) and plumbing within customers’ homes. As a consequence, Flint residents – children in particular – were exposed to high levels of lead in their tap water. As the Flint story made national headlines in 2014 and 2015, focus on lead in drinking water resulting from inadequate corrosion control spread throughout the country.

While lead continues to earn attention in the media and the drinking water community, in New Hampshire focus has turned to perfluorinated compounds (PFCs), which were used in certain types of firefighting foam and to make materials such as Teflon and GORE-TEX. PFCs first showed up in a well serving the Pease Tradeport water system in May 2014 and in the Merrimack Village District water system in February 2016. The latter triggered an ongoing statewide hunt for other areas where groundwater might be affected

by PFCs, leading to the discovery (as of mid-September) of three more sites that needed further investigation. Unlike typical groundwater contaminants, the PFCs in the Merrimack area (including areas in Litchfield, Bedford and Manchester) were transported by air deposition and affected a much larger area. Since then the state’s response – blood testing, bottled water distribution, wellhead treatment, and extension of water service lines in the affected areas – has earned ongoing media coverage.

While federal authorities work on reforming the regulatory approach to lead in drinking water, New Hampshire Department of Environmental Services (NHDES) has asked schools and child care providers to test for and address elevated lead levels in their facilities. NHDES is also urging community water systems to look for lead components in their distribution systems (sooner than may be required by federal rules) with the goal of removing all lead from water system infrastructure as soon as possible. The good news is that many of New Hampshire’s municipal water systems set this goal for themselves long ago and have little lead remaining in their systems. Outreach is also planned for homeowners to similarly identify and remove lead in premise plumbing and to always run the water cold in the morning or when it has been sitting unused for more than 6 hours. www.nhmunicipal.org

The Significance of Private Wells For those affected by PFC contamination of their water supply, the potential health risks are clearly concerning. But the numbers bear comparison with more widespread drinking water contamination in New Hampshire.

As of mid-September 2016, NHDES’s PFC investigations had found 171 wells in the Merrimack area and 16 in Amherst with levels of PFCs at or above USEPA’s new health advisory level of 70 parts per trillion. In contrast, a report released in 2014 by the U.S. Geological Survey (USGS) estimated that 80,000 residents of southeast New Hampshire are using private wells with levels of toxic metals higher than NOVEMBER/DECEMBER 2016

17

PRIVATE WELLS from page 17 USEPA’s drinking water standards.1 And a report by Dartmouth College for NHDES in 2014 estimated that 62,000 private well users in New Hampshire are drinking water with arsenic at or above USEPA’s health-based limit of 10 parts per billion (ppb).2 How is it that so many people are drinking contaminated water? A significant factor is the number of private well users in the state—who make up nearly half (46 percent) of the state’s residents. In the 2014 Dartmouth College study, most private well users responding to a survey had not had their well water tested within the previous three years, and one in five had never had their water tested. And even when Granite Staters do have their water tested, they often leave out important tests. In the same survey nearly half of those who had their water tested did not have it tested for arsenic, one of the most common toxics in our groundwater. USGS has estimated that 20 percent of private wells in the state have arsenic above the 10 ppb limit that is enforceable for public water systems.3 And NHDES estimates that 24 percent of bedrock wells have radon levels at or above 10,000 pCi/L, the level at which treatment of water is recommended in conjunction with mitigation of indoor air radon. Testing wells for arsenic and radon is the only way to know what the levels of those contaminants are.

The same is true of the other toxic metals in the USGS study and other common contaminants.

For private well users, lead is no less of a problem. A USGS study released in July of 2016 identified New Hampshire as one of 12 states (and the District of Columbia) with a “very high prevalence of potentially corrosive groundwater.” Results from private well samples analyzed by the NH Department of Health and Human 18

Services’ Public Health Laboratory show how widespread the problem of corrosive well water is. Of more than 10,000 samples of “stagnant” (left sitting overnight) tap water, 70% had detectable amounts of lead and 15% had lead over the 15 ppb “action level” that requires public water systems to control corrosion. Keeping in mind that 15 ppb is not a healthbased standard – USEPA’s stated goal for lead in drinking water is zero – if that 15% exceedance rate is true of private wells statewide, then roughly 90,000 Granite Staters are living in homes with potentially high levels of lead in their home plumbing. In many cases, drinking water only from the cold water tap and flushing the tap if the water has been sitting overnight will substantially reduce lead levels.

But proper testing of tap water is the only way to know whether the stagnant – or even the flushed – water is safe in terms of lead. The same holds true for copper. NHDES recommends that private well users include tests for stagnant and flushed lead and copper when they have their water tested.

A Teachable Moment In the drinking water program at NHDES, we hear from municipal officials that some homeowners are not even aware that they have private wells, particularly if they have moved from an area where they were served by a public water system. Months after moving in, they call the town office to ask why they haven’t received a water bill! Reviewing the seller’s disclosure is a teachable moment for those home buyers, and NH Association of Realtors (NHAR) has worked with NHDES to ensure that Realtors are better able to inform home buyers about private wells and about our testing recommendations. In 2015 NHAR and NHDES supported an amendment to RSA 477:4-a, the statute

NEW HAMPSHIRE TOWN AND CITY

that requires certain non-property specific notifications on the purchase and sales agreement, adding new language regarding both arsenic and radon in private wells.

The goal of NHDES’s drinking water program and its partners in private well outreach is that periodic testing of water supplies will be the norm for private well users, and that they will use that information to make informed decisions about treatment of the well water they consume.

Research in New Hampshire and elsewhere has identified the barriers to this goal, which include well users not knowing how to have their water tested, the absence of an obvious problem with their water or their health, cost, and not knowing what to do with the results. After studying these barriers and piloting several approaches to addressing them with funding from the U.S. Centers for Disease Control and Prevention, NHDES and its partners have focused their efforts on two approaches: encouraging community well testing events, and making it easier for well users to move from testing their water to making informed decisions about water treatment systems.

What Can Municipalities Do? The bad news is that naturally occurring contamination is extensive, and the federal and state drinking water programs have no authority to protect New Hampshire private well users from this threat. The good news is that municipalities do have authority, and this presents an opportunity for municipalities to improve public health. A dozen or so New Hampshire municipalities have already taken steps to protect public health by requiring – or at least promoting – private well testing. Bow, Chester, Derry, Pelham, Salem, and Windham require testing of private wells in connection with either a certificate of occupancy or a www.nhmunicipal.org

property transfer. Another half dozen towns have held community well testing events, and NHDES knows of several more planning to do so. There is now a “toolkit” that local organizers can use to plan and implement local testing events; search the web for “Well Water Community Action Toolkit Dartmouth College.” NHDES has also developed a new online tool, “Be Well Informed,” which enables well users to enter the results of their well water tests and receive authoritative guidance about water treatment options based on their unique test results.

Another way for municipalities to increase private well testing is to modify building codes to incorporate a refined definition of “potable water,” as described in a guidance document developed by NH Building Officials Association, NH Health Officers Association, NH Planners Association, and NHDES. “Guidance to Refine the Potable Water Definition in New Hampshire Municipal Building Codes” was developed in response to inquiries from health officers and code enforcement officials who want to better protect the health of residents. New Hampshire’s State Building Code requires that occupied structures with plumbing fixtures be provided with a potable water supply, defined as “water free from impurities in amounts sufficient to cause disease and harmful physiological effects.” Interpreting and administering this definition is difficult for local officials as it does not clearly state which impurities should be considered, nor the amounts in drinking water that are harmful. The new guidance addresses both of those issues. When incorporated into a local building code along with a requirement for water testing, the refined definition does more than require testing; in many cases it would require treatment in order to ensure potability.

testing and treatment using a variety of media such as fliers, community access cable, and workshops. However, experience has shown that these methods are of limited effectiveness, and that towns can do more to improve public health through the regulatory approaches described here or through community well testing events.

NHDES’s Drinking Water and Groundwater Bureau has a variety of information and tools on its website – search for “NHDES Private Well Testing.” Staff are also happy to speak at local workshops and to provide guidance to municipal officials.

Without widespread use of the tools described in this article or other significant changes from the status quo, a large percentage of New Hampshire residents will continue to take their drinking water for granted and be exposed to harmful levels of contaminants – mostly of natural origin – in their private well-based water supplies.

Municipal officials are uniquely positioned to change that.

Flanagan, S.M., Belaval, Marcel, and Ayotte, J.D., “Arsenic, iron, lead, manganese, and uranium concentrations in private bedrock wells in southeastern New Hampshire, 2012–2013: U.S. Geological Survey Fact Sheet 2014–3042,” http://dx.doi. org/10.3133/fs20143042.

1

Borsuk, Mark, Rardin, Laurie, Paul, Michael, and Hampton, Thomas, “Arsenic in Private Wells in NH, Year 1 Final Report, Public Health Contract, Annual Performance Report, CDC Grant #1U53/EH001110-01,” October 3, 2014, http://www.dartmouth. edu/~toxmetal/assets/pdf/Wellreport.pdf

2

Ayotte, J.D., Cahillane, Matthew, Hayes, Laura, and Robinson, K.W., “Estimated probability of arsenic in groundwater from bedrock aquifers in New Hampshire, 2011: U.S. Geological Survey Scientific Investigations Report 2012–5156,” http://pubs.usgs. gov/sir/2012/5156/.

3

Paul Susca is an administrator in the Drinking Water and Groundwater Bureau at the NH Department of Environmental Services. Paul can be reached by email at paul.susca@des.nh.gov or by phone at 603.271.7061.

Asset Management Coastal Facilities Energy Infrastructure

Municipalities can help promote improved public health through well www.nhmunicipal.org

NOVEMBER/DECEMBER 2016

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

Are You Ready For This?

By Jim Gove

I

t is called the new MS4 permit, formally named the 2014 Municipal Separate Storm Sewer System permit because it was first introduced in 2014. It was issued in Massachusetts this past summer, and our time for the permit is coming later this year.

An interesting Technical Memorandum was prepared by the U.S. Environmental Protection Agency (EPA) staff of Region 1 (NH is in Region 1) that compares the cost of Permit Action Items (PAIs) from the 2003 mandates to the 2014 mandates. This is for the first five-year cycle of the permit. These projected costs have been separated into rural, suburban and urban communities. Of course, here in New Hampshire, we have some smaller (populationwise) communities that were never called MS4 communities until now.

Without making this an exhaustive regurgitation of the data, basically, over the next five years, a rural community will have to spend a half million dollars. A suburban community will have to spend one and a half million dollars, and an urban community will have to spend two and a half million dollars. These are the EPA’s estimates. Could be more.

The first year after the permit is issued is a planning time.

Once the plans are drawn-up, the implementation begins.

What will be done in the planning phase? Every outfall from the community that discharges to every single water body, stream, lake or river will be identified. The water coming out of that pipe will be analyzed both during the dry periods and during rain events. Now, that pipe might be discharging water from a parking lot, a major road, or a back country road. All will be sampled. What comes out of that pipe will www.nhmunicipal.org

be analyzed and then the community will be told what they have to do about it. Then the community must implement this and that until the water runs clean enough, or they get to just keep on spending money to try to clean it up.

Yet, what if a community just says, “Hold on! We don’t have the money for this! We need a new school. We need a new cruiser or a new fire truck. We can’t spend this money!”

The EPA was very clear on this point in a recent seminar I attended. After the town says they don’t have the money, the next communication from the EPA to the community the selectmen will be a not-so-nicely-worded letter from a federal attorney. Then there will be the fine and a nice write-up in the newspaper. Nasty stuff.

What is actually being done? What is actually the goal of the EPA? There is a map on the NH Department of Environmental Services web site that shows all the “severe and marginally impaired waters” of the state, based upon the “2012 All Impaired Waters of the 305(b) and 303(d) List Final” (as approved by the EPA). The “impaired waters” are everywhere across the state. The Final 2012 List of All Impaired or Threatened Waters is massive.

The surface waters of the State have been assessed. The assessment determined whether the waters provide for the designated uses of protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the waters. There is no question that many of the waters have impairments to the designated NOVEMBER/DECEMBER 2016

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ARE YOU READY? from page 21 uses. Some of the impairments are linked to pollutants such as bacteria, nutrients and sediment. Runoff from impervious surfaces can be one of the sources of the contaminants.

The goal of the EPA is to set standards for how clean the water must be before it can be removed from the impaired list. The goal of the EPA is to get cleaner water that will support the designated uses. The thorny question in this scenario is “how realistic are the standards?”

Make no mistake. Municipalities have spent millions in dealing with stormwater. This is not something that municipalities have ignored. But the coming MS4 permit will have a massive financial impact.

In the first year of the permit, nothing much happens because it is the planning phase. But the first problem for municipalities is how do they even begin the process of testing all their outfalls? How do they even find all the outfalls?

I have already heard about the beginning of the “consultant parade.” Many consulting firms are parading their expertise to the towns, showing how they can do the job. The message is: “Our folks from our big shiny office building can do it better and cheaper than those other folks from their big shiny office building!”

development community. Once the permit is in effect, every single new development, every single re-development, every single retail development, every single residential development, will be viewed through the lens of the MS4 permit. Prepare for the term “innovative stormwater management” to become a standard in your vocabulary.

In case you have not noticed, the age of the stormwater detention basins and treatment swales has passed. You will be doing porous pavement, gravel wetlands, and maybe even green roofs.

More than one dog is in this hunt.

I don’t have any magic words of wisdom for this issue. No quick fix.

No way out. I do know that we have many demands already placed upon our municipal official and staff with very limited budgets. Where will the money come from?

As I heard in the seminar, the EPA said there was no nest egg of money set aside to help all our cash-strapped communities. There is virtually no assistance. In fact, as I was leaving the seminar, one of the municipal folks expressed his relief that he would be retired by the time the “real money” needs to be spent in five years’ time.

That is the point. The estimate of costs for the first five years is just to collect the data of how badly your community is contributing to impairing the waters of New Hampshire. The fol-

lowing 20 years is for all the corrective actions (PAIs) that will have to be put in place. That is when the real money will be spent.

No one is anti-clean water. No one wants to have impaired waters. Everyone wants to support cleaning our waters. But there are many and varied challenges that our communities are facing. Do you suppose the homeless person is worrying about the phosphorus levels in our lakes? Do you think the guy who can’t get his teeth fixed because he does not have the medical coverage is losing sleep over the nitrogen levels in Great Bay? Do you think the mother with the part-time job and kids who are hungry because there is no food in the house is upset that bacteria is showing up in the local river?

Priorities.

Jim Gove, principal at Gove Environmental Services, Inc., has been working in the field of soil and wetland science since 1978, including eight years as a soil scientist with the US Department of Agriculture Soil Conservation Service.

Jim is recognized as a state expert on wetlands and writes frequently on this and other environmental issues. Jim may be contacted at 603.778.0644 ext. 15 or jgove@gesinc.biz.

Once the permit is issued, there is a 120-day window to take legal action to put the brakes on implementation.

After that window, there will be no appeals to the permit. As they say, “now you live with it.”

This is a cautionary tale not only to the municipal folks, but also to the

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NEW HAMPSHIRE TOWN AND CITY

www.nhmunicipal.org

 Telecommunica�ons  Tax Assessment  Eminent Domain

We represent towns and ci�es throughout the state and bring value to our clients through decades of experience and adhering to the budgetary constraints under which municipali�es operate. We emphasize preven�ve and �mely legal counsel to our clients with a view toward avoiding problems that result in li�ga�on.

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OFFICES IN EXETER, PORTSMOUTH, MEREDITH & CONCORD, NEW HAMPSHIRE

WWW.DTCLAWYERS.COM DONAHUE, TUCKER & CIANDELLA, PLLC

E‐mail: info@DTCLawyers.com

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Toll Free: (800) 566‐0506

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NEW HAMPSHIRE MUNICIPAL ASSOC Session Topics:

November 16 – 17, 2016 _________________

The Radisson Hotel Manchester, New Hampshire

• 2016 Court and Legislative Updates • Family & Medical Leave Act/Fair Standards Labor Act • The New Law of Accessory Dwelling Units • Right-to-Know Law • Municipal Financing Alternatives • Budget Comparisons Made Easy • MS4 Toolbox: What Your Municipality Needs to do to be Ready • Recycling Markets 4.0 – Is It Time for a Reboot?

• Understanding NHRS Rates and the Impact of Employment Trends • A Road by Any Other Name is…Wait, What Kind of Road is This, Anyway?

• And much, much more!

CONFERENCE SCHEDULE Wednesday, November 16, 2016 7:30 a.m.

Registration Opens Outside of Exhibit Hall

7:30 a.m.

Registration Opens Outside of Exhibit Hall

8–9 a.m.

Opening Breakfast Buffet Armory

9–10 a.m.

Keynote Speaker: Loretta LaRoche Salon A

8–9 a.m.

Opening Breakfast/Exhibit Hall/ Wellness Fair Open (8-4:30) Exhibit Hall

9–10:15 a.m.

Concurrent Sessions

10 a.m.

Exhibit Hall/Wellness Fair Opens (10-4:30) 10–10:45 a.m. Morning Break

Exhibit Hall 10:45–12 p.m. Concurrent Sessions 12–1:15 p.m.

Exhibit Hall Luncheon

1:30–2:45 p.m. Concurrent Sessions 2:45–3:15 p.m. Afternoon Break

Exhibit Hall 3:15–4:30 p.m. Concurrent Sessions 5:30–6:30 p.m. Exhibit Hall/75th Anniversary

Social Hour

Armory 6:30–9:30 p.m. 75th Anniversary Dinner Gala

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Thursday, November 20, 2016

NEW HAMPSHIRE TOWN AND CITY

10:15–10:45 a.m. Morning Break

Exhibit Hall 10:45–12 p.m. Concurrent Sessions 12:1:15 p.m.

Municipal Advocate of the Year Award Luncheon Armory

1:30–2:45 p.m. Concurrent Sessions 2:45 p.m.

NHMA Annual Meeting Curriers

2:45–3:15 p.m. Afternoon Break

Exhibit Hall 3:15–4:30 p.m. Concurrent Sessions 4:30 p.m.

Conference Concludes

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CIATION’S 75TH ANNUAL CONFERENCE You’re Invited

to

NHMA’s

Anniversary

Gala Event

NHMA will be marking its 75th anniversary with a Gala Dinner celebration on Wednesday night.

Here’s the night of fun we have planned for you.

Thank You 2016 Sponsors — Diamond Level —

— Platinum Level —

Exhibitor Social Hour (5:30 pm – 6:30 pm) Join NHMA’s staff, board of directors, past directors and staff, and our exhibitors for a social hour featuring light hors d’oeuvres, music and a chance to mingle. The Freeze Brothers Big Band Combo will provide musical entertainment during the social hour.

— Gold Level —

Dinner Gala (6:30 pm – 8:00 pm) Dinner guests enjoy a delicious dining experience, music and some brief (promise!) recognitions.

Entertainment (8:00 pm – 9:30 pm) Guests will enjoy the high energy and interactive fun of “Dueling Pianos” who will keep the audience involved, laughing and happy from 8:00 p.m. to 9:30 p.m., to conclude our anniversary celebration.

Individual tickets are $40. Tables of 8 can be purchased at a discounted price of $280.00. Please visit our website at www.nhmunicipal.org frequently for more information.

— Silver Level —

— Bronze Level — Peter J. Riemer, LLC

For More Information and Session Schedules

— Program Support —

Visit NHMA’s website at www.nhmunicipal.org/annualconference to view the latest information on concurrent sessions, speakers and presenters, and other conference details.

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NOVEMBER/DECEMBER 2016

25

2006

2007

2008

2009

2010

The Recent History of the New Hampshire Municipal Association (2006-2010) 2006

pandemic plans at the state and local level.

• As the cost of energy continued to rise, New H a m p s h i r e ’s cities and towns began to explore saving tax dollars through energy efficiency. The City of Manchester replaced more than 3,300 traffic lights with energy-efficient light emitting diode (LED) traffic lamps, saving the city nearly $100,000 per year. The Town of Amherst saved nearly $20,000 a year by installing energy efficient lighting, occupancy sensors, and other equipment upgrades at municipal and school buildings.

• Due to world developments in the area of avian flu, NHLGC held a first-of-its-kind workshop focused on helping cities and towns prepare for emergency situations. The day-long training provided attendees with response techniques for protecting their municipalities during large-scale natural, public health or terrorist event. The state Department of Health and Human Services received over $800,000 in federal funding to assist with the development of 26

• NHLGC hosted another firstof-its-kind event in 2006: a joint legislative workshop co-sponsored with the New Hampshire School Boards Association. At this special event, legislative leaders provided perspective on the 2006 legislative session, with an overview of bills of interest to local government and school officials.

• NHMA’s Committee on Government Affairs (CGA) met in March to begin the development of legislative policy proposals to present to the biennial Legislative Policy Conference in September.

• Mayors from across the state gathered in March for a Mayors Roundtable at Manchester City Hall. The meeting provided an opportunity to brainstorm common issues, share ideas and new programs, and provide support for one another in an effort to lead city government more effectively. Three issues were identified as needing action:

NEW HAMPSHIRE TOWN AND CITY

tax increment financing; retirement system shortfalls; and the research and development tax credit and its effect on economic development.

• NHLGC launches new and improved look of its magazine, the New Hampshire Town and City, with full color cover and interior pages. Published 10 times per year at that time, the Town and City provides timely, informative and educational content that supports the work of municipal government officials and employees.

• The 2006 New Hampshire Selectperson Institute, offered by Antioch New England Institute, together with the NHLGC, held four sessions for a record-breaking class of 36 selectmen. The Selectperson Institute had served New Hampshire selectmen since 1999, and included sessions on management and leadership, as www.nhmunicipal.org

well as technical issues faced by selectmen everywhere.

• The City of Berlin was the home to New Hampshire’s first wind farm. In 2006, three 160-foot windmills began spinning on the top of Jericho Mountain. Wind proposals often faced furious opposition from local citizens, but Berlin welcomed the idea with open arms, and in fact encouraged the developer to come to the area.

• Governor John Lynch signed the Broadband Bonding Bill (HB 653) into law in June. Municipalities could now issue bonds for construction of infrastructure to accommodate broadband availability. The success of this bill was due to a statewide grassroots campaign waged by local officials desiring access to highspeed Internet for their communities. Julia Griffin, Hanover Town Manager, was a driving force behind the grassroots effort to rally local officials.

• NHLGC redesigned the 2007 “Important Dates for Towns Calendars” for easier mailing and use: the calendars were mailed in folded format and were accompanied by a CD version of the calendar, enabling dates to be easily incorporated into municipal documents.

www.nhmunicipal.org

2007 • NHLGC’s latest publication, Basic Financial Policies: A Guide for New Hampshire Cities and Towns, made its debut at the annual conference. This guide included an internal control checklist, a recommended policy format, and a CD containing 30 sample policies in effect in New Hampshire municipalities.

• NHLGC’s 65th Annual Conference, themed Citizens in Action, attracted more than 600 municipal, school, and county officials from throughout New Hampshire. The event offered a variety of sessions focused on action-oriented tools and solutions to help local government officials govern effectively.

• NHLGC received 74 applications for the 2007 LGC Scholarship program, open to children of New Hampshire municipal, school, county, and village district employees and officials that are participants in LGC services.

A minimum of 10 scholarships in the amount of $750 were awarded statewide.

• In 1936, the U.S. Army Corps of Engineers announced a new flood control program that would build a dam, now known as the Franklin Falls Dam, to help control the flooding prob-

lem many areas were facing. This plan, however, turned Hill Village into a flood control reservoir.

Through an association formed to purchase land on which the new Hill Village would stand, by 1941, 30 houses were completed and occupied, the water system completed, and the schoolhouse and town hall were built.

• The NHLGC website, www. nhlgc.org, offered members a daily dose of news of interest to New Hampshire municipal officials. Culled each day from a variety of New Hampshire news sources, the daily news update presented the latest news pertaining to local government.

• The NHDES awarded over $1 million in water supply land grants in 2007. Since the inception of the program in 2000, over $5 million had been awarded to municipalities leveraging over $20 million in additional public and private funds and had permanently protected over 3,800 acres of critical water supply lands.

• New Hampshire’s Town Meeting season made national news in 2007, as 183 municipalities voted on a non-binding climate change resolution. In the end, 162 towns had passed the non-binding resolution, 12 towns rejected and five tabled the article.

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RECENT HISTORY from page 27

• Nearly 220 local officials representing 98 municipalities attended the 2007 Local Officials Workshops. NHLGC has hosted this annual workshop series each spring as an educational resource for newly elected and appointed officials, as well as for those seeking an update on latest changes to municipal law.

• The official start of the 2010 Census was underway when the U.S. Census Bureau began mailing informational booklets to all state and local governments to provide updated addresses for their cities or towns, known as the Local Update of Census Addresses. Census data drive reapportionment and redistricting decisions and directly affect the distribution of more than $200 billion in federal funding each year.

• Effective July 1, the state effectively banned the disposal of televisions and computer monitors in the state’s landfills and incinerators.

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Most towns and cities in the state had electronics recycling programs in place at the time.

• The biennial state budget was passed and cities and towns fared well, with meals and rooms, revenue sharing, flood control reimbursement, and the NH Land and Community Heritage Investment Program provided funding in the budget. NHMA followed more than 370 bills in 2007, 17 as policy of the Association: 10 were resolved in favor of local government, three were not. There were over 55 study committees created by chapter law or statute in this session.

• David Connell joined the NHLGC Legal Services and Government Affairs Department as Legal Services Counsel. Connell had extensive experience in municipal law, having led the City of Nashua’s legal department for seven years, and prior to that as an attorney for 14 years with a municipal emphasis.

• Judy Pearson joined the NHLGC Communications Department as a Program Associate.

Judy had previously worked for Property Liability Trust in various positions over six years and as a service representative at a large investment firm. Judy received her Bachelor’s

NEW HAMPSHIRE TOWN AND CITY

degree in communications from the University of New Hampshire – Manchester. Today Judy serves as NHMA’s Member Relations Coordinator.

2008 • Representatives from NHLGC attended the 2008 business meeting of the National League of Cities which approved polices that guide NLC staff in representing municipal interests in Washington.

Delegates from across the nation identified local economic and fiscal conditions and investing in public infrastructure as the top challenges facing cities and towns.

• The National League of Cities reported that 7 in 10 city finance officers felt their cities were better able to meet fiscal needs during 2007 than in the previous year.

Municipal officials, however, expected a slowdown in revenues and increased spending pressures in 2008, complicated by a sliding real estate market and the potential impacts on property tax revenues.

• The U.S. Geological Survey released its MtBE (a chemical which is highly soluble in water and is resistant to biodegradation) study results which found that wells on the same property as fuel storage tanks, typically transient water supplies and community water supplies serving mobile home parks, are particularly susceptible to MtBE contamination. The study revealed the unintended consequences of the widespread use of this chemical in the environment. www.nhmunicipal.org

vided a unique combination of live instruction plus e-learning with online resources. These classes were very popular and had a waiting list for future courses.

• NHLGC developed two reference posters to serve as reminder of the public meeting and public record provisions of the Right-toKnow Law, RSA Chapter 91-A, which affects every aspect of local government in New Hampshire.

• 65 municipal officials from around the state engaged in lively debate about the direction municipal legislative policy should take in the 2009-2010 legislative biennium. Three NHMA legislative policy committees proposed 54 policy positions with an additional six floor policy submitted.

• There were many challenging and often contentious issues that involved municipal government in 2008, not the least of which were affordable housing, the Right-to-Know Law and retirement. Of the 391 bills that passed this year, NHMA followed 105.

• The Town of New Durham was the first in New Hampshire to pass an ordinance based on a land conservation plan. New Durham incorporated a new conservation overlay district into its zoning ordinance that identified lands having exceptional significance for the protection of natural resources and water quality. The goal of the ordinance was to guide development away from the highest-quality wildlife habitat, streams, wetlands and forests.

• The NHLGC kicked off its inaugural class of The LGC Academy. Launched in partnership with Municipal Resources, Inc. (MRI), The LGC Academy prowww.nhmunicipal.org

• The New Hampshire Municipal Bond Bank, which had provided loans to Granite State municipal governments for three decades, turned 30 in 2008. One thousand sixty-five loans, totaling $1,911,659,184, were issued to municipalities from 1978 to 2008. In recent years, funding requests for conservation purposes first started to appear, and loan requests for dam repairs had increased due to the major flooding across the state.

2009 • Wendy Lee Parker, NHLGC’s Assistant Director for Risk Services, was appointed to a two-year term on the Board of Directors for the

National League of Cities’ Risk Information Sharing Consortium, which offers networking, information sharing, training and education opportunities for members of state municipal league-endorsed intergovernmental risk-sharing pools in 34 states, including the NHLGC. • In 2008, NH Department of Transportation Commissioner, George Campbell, announced a new municipal task force initiative aimed at fostering closer working relationships with cities and towns. The task force explored better coordination during emergencies, joint purchasing initiatives and strengthening state-local partnerships.

• The New Hampshire Department of Environmental Services unveiled a new guide titled Innovative Land Use Planning Techniques: A Handbook for Sustainable Development. Together with other partners, including the NHLGC, DES spent two years researching the topics included in the guide. Towns and cities have been authorized by law to use innovative land use controls since the 1980s, but, until now, there was little guidance available for their use.

• There had been much discussion in Washington about the need for an economic stimulus package to address the nation’s infrastructure needs in hopes of getting the economy moving again. In response, NHMA requested members to submit their prioritized list of infrastructure projects along with cost estimates.

Over 100 members responded with a bottom-line cost estimate for these projects alone exceeding $1.8 billion.

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RECENT HISTORY from page 29 • With the year 2010 looming, the Office of Energy and Planning (OEP) began working with municipalities to prepare for the next census count. Census questionnaires were to be mailed or delivered to every household in the United States starting in March, 2010. Reports indicated that New Hampshire received close to $10 billion dollars in fiscal year 2007.

• Local governments face unprecedented challenges in this time of fiscal uncertainty. The economic stimulus bill was signed into law, and officials at all levels of New Hampshire government were endeavoring to learn what this new bill meant for them. Local governments and the citizens they serve collectively looked forward to reaping the benefits this infusion of funding is expected to bring.

• NHLGC’s Legal Services attorneys responded to a monthly average of 424 telephone, email and written requests for legal opinions in 2009.

• The American Recovery and Reinvestment Act of 2009 (ARRA) was designed to save and create jobs almost immediately. The approximate cost of the economic stimulus package was estimated at $831 billion and included direct spending in infrastructure, education, health and energy, federal tax incentives and expansion of unemployment benefits and other social welfare provisions.

• Municipalities in New Hampshire began focusing on energy issues large and small, from the 30

changing of light bulbs in town hall to building Leadership in Energy and Environmental Design (LEED) certified public spaces. The Portsmouth Public Library was the first municipal building in the Granite State to achieve LEED certification.

• Address canvassing is the first major activity that prepares for the 2010 Census. From late April through early July, census employees verified the address and physical locations of New Hampshire’s dwellings. The 2010 Census had one of the shortest census questionnaires in the history of the United States, dating back to the first census in 1790.

• Visitors to the NHLGC were now welcomed to use a new public entrance accessible from the newly-paved and expanded parking lot behind the main building. It connects to LGC’s recently completed building addition, which features supplemental conference space and a geothermal heating and cooling system. Energy efficiency was a top priority for NHLGC, and the new addition achieved the goal with the award of a five-star Energy Star rating.

• The American Recovery and Reinvestment Act (ARRA) sent to New Hampshire $610 million in federal funding designed to create jobs, allow infrastructure and public works projects to be completed more quickly, provide middle-class tax relief, and help the state cope with budget shortfalls and stimulate long-term economic growth.

ecutive Director of the NHLGC. NHLGC’s Board of Directors appointed Maura Carroll, Esq., as interim executive director to succeed him. Carroll most recently served as LGC’s general counsel, a position she held since 2000.

• There were 86 chapter laws affecting municipalities which were passed in 2009. Among the successful legislation were penalties for land use violations, selection of ZBA members, acceptance of electronic payments, extending lease options up to five years, and allowing special meetings to address ARRA funding.

• In 2009, the NHMA convened the New Hampshire Municipal Energy Committee. This new committee focused on a broad spectrum of energy issues – from best practices for energy efficiency to reviewing proposed legislation that may impact municipalities.

2010 • The social media phenomenon was sweeping the world in 2010.

Social media became a new tool for municipalities to improve communication with residents,

• John B. Andrews retired in September after 34-plus years as Ex-

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solicit valuable feedback, disseminate critical information, and encourage more active participation in local government from a diverse age group – all at virtually no cost.

electronically submit classified advertisements, a shopping cart for purchasing publications, and a scrolling, daily news feed with statewide news of interest to municipal officials.

• New Hampshire municipalities regulate land use independently and are inclined to assess their housing supply with a local view, yet the State’s workforce housing statute compels them to look at housing needs on a regional basis. To assist municipal officials, New Hampshire Housing developed a resource, Meeting the Workforce Housing Challenge: A Guidebook for New Hampshire Municipalities to help local land use boards address the requirement of the statute.

• For financial statements beginning after June 15, 2010, municipalities and school districts were now required to report fund balances differently. To assist local officials with this new reporting requirement, the GFOA issued a new publication titled, What Everyone Needs to Know About the New Fund Balance, which was made available to all municipal officials involved in budgeting and fiscal policy-making.

• The Town of Seabrook received the largest ARRA loan for a drinking water improvement project in the state. Seabrook received $5 million of the $7.344 million in construction cost and brought the town into compliance with an Administrative Order the town entered into with state officials. In total, NHDES provided ARRA loans for 56 drinking water system projects statement and 48 wastewater system projects.

• In the wake of an extended global economic slump, many municipalities pushed ahead and expanded their green building programs. A survey found that the Eastern region saw a 75% increase in green building programs since 2007.

• NHLGC unveiled its new and improved website, which included convenient access to New Hampshire Town and City magazine articles, a fillable PDF to www.nhmunicipal.org

• The New Hampshire Municipal Lawyers Association (NHMLA) became LGC’s newest affiliate group in 2010. NHMLA is a non-profit association dedicated to meeting the education, communication and service needs of lawyers who represent the interests of municipal governments. At the time, LGC had a total of 38 affiliate groups representing nearly every aspect of local government.

• Janice Seaver, who worked for LGC/NHMA for 28 years and was for many years the “voice” of NHMA, passed away in April. Janice was the first person members would encounter on the phone or when you entered the building. Janice worked tirelessly on the LGC holiday char-

ity which gave gifts to children less fortunate at Christmastime.

This project grew every year, and this annual event was eventually named “Janice’s Christmas Kids” in her honor and is still active today.

• Towns across New Hampshire are searching for ways to revitalize town meeting, improve voter participation, and maintain their sense of community. Declining participation, increased complexity of the issues, escalating financial pressures, increased mobility, and a weakening of ties to small-town communities have all strained the open town meeting form of government.

• More than 300 elected officials from nearly 100 municipalities located throughout the state had graduated from the New Hampshire Selectperson Institute since it was co-launched by the NHLGC and Antioch University New England in 1988.

• Based on an NHMA survey of readers of New Hampshire Town and City, it was reported that 47% of respondents shared their copy of Town and City with someone else each month.

When asked what readers would

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RECENT HISTORY from page 31 like to see more of, respondents answered that they’d like to see more legal content, additional legislative update information as well as finance information.

• Based on new enabling legislation, cities and towns began establishing agricultural commissions to support and protect local agricultural resources. The Town of Lee had created an agricultural committee in 2006, which, after the Legislature passed enabling legislation, became one of the first agricultural commissions in the state.

• NHLGC surveyed members to take an inventory of New Hampshire’s inter-municipal cooperative agreements and what types of personnel, services, programs, equipment municipalities may share between one another.

Results indicated that sharing ambulance/emergency medical technicians and services were most popular, followed by many shared transfer stations and recycling facilities. Shared prosecutorial services rounded out the top three shared services between municipalities.

• New Hampshire Governor Frank Rollins founded the Old Home

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Day Association to form what has since become one of New Hampshire’s most celebrated traditions. In the first year, over 44 towns participated in this event.

Towns invited former residents to come back and visit “the old home where you were born” to see all that they were missing in New Hampshire.

• The NHMA advocacy staff followed more than 300 bills of municipal interest during the past session. Some were killed, some were sent to study, and 85 became law. Staff worked particularly hard to kill the temporary property tax exemption for poles and wires owned by telecommunications companies.

Because the bill did not pass, the exemption ended July 1. That was a very big win for municipalities and taxpayers.

• The NHLGC undertook a comprehensive Member Outreach Survey sent to 1,033 LGC members and affiliate group representatives to gain helpful insights from the people LGC serves about their perception of the member-driven organization, plus its program and services. It was of no real surprise that the top three issues survey participants feel are most pressing to deal with in the next five years

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to be financing local government, containing costs of employee benefits, and dealing with state tax structure, including cost shifting to local governments.

• Representatives from 69 municipalities gathered for NHMA’s Legislative Policy Conference in September. Delegates represented one-third of the state’s municipalities, plus a wide range of populations and governance structures – from the City of Nashua to the Town of Waterville Valley.

• Perambulation, or boundary walking, as required by state law, requires selectmen of towns (and cities) to survey the marks and bounds every 7 years. While perambulation was a colonial import, perambulation of municipal boundaries became a secular, civic responsibility in this county. In recent years, the state legislature had considered updating this mandate without reaching consensus.

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

O

n September 4, 2009, John B. Andrews retired after nearly 35 years as executive director of the New Hampshire Municipal Association and the Local Government Center (LGC). Since 1975, Andrews worked hard to improve the fundamental State-local relationship and structure of governance in New Hampshire. Andrews was also recognized as an innovator and national leader in the arena of risk management, as well as many other notable achievements.

Maura Carroll was appointed LGC’s interim executive director by the LGC Board of Directors following Andrews retirement. Maura joined NHMA in 1988 serving as staff attorney until March 1989, when she was appointed Government Affairs Director. She held that position until 2000 when she took the position of NHMA’s general counsel for legal services and government affairs, when those two departments were combined. Maura brought a unique “big picture” view of local government to her new job as interim executive director. As a former New Hampshire legislator and Concord city councilor, Maura had a deep understanding and appreciation of the state-municipal relationship and how decisions are made at these levels.

Maura took over the reins of LGC at a watershed moment for our organization. Just prior to her stepping into role of interim executive director of the LGC, the legislature passed a bill providing regulatory oversight of its risk pool programs, which provide insurance-type products to local governments and their employees, to the Secretary of State’s office.

Although there was tension on the regulatory front, which led to litigation and, ultimately, to the demise of an effective risk pool program serving local government, a number of initiatives were accomplished during that time, as well. Maura was instrumental in bringing General Counsel services in-house for the first time, resulting in significant cost savings and greater access to legal advice. The Board adopted a strategic plan and voted to reorganize and downsize. As a result of the reorganization, lay-offs occurred and a total of 40 positions were eliminated. Improvements were made in Information Technology, resulting in the first-time hiring of a Chief Information Officer. A generator was purchased and allowed the organization to avoid literally all power outages, which were frequent in our Concord location, and which continues to provide uninterrupted service to our members today.

Despite the significant external challenges of that period in the organization’s history, what Maura will be most recognized for was her unwavering support of LGC staff and commitment to LGC’s members. At staff meetings, Maura would often remind staff of the important work it was doing serving municipalities and how proud she was to have the opportunity to work with such a dedicated, professional and ethical staff. Membership was successfully retained and quality service to members continued as always. Throughout setbacks, NHMA maintained a fierce determination to meet the needs of members no matter the external pressures and a belief that supporting each other would help all to weather the storm.

Just prior to her 25th anniversary with NHMA, Maura volunteered to step down from her position in an effort to move the organization forward beyond the legal challenges, seeing her role as that of protecting the organization, members and staff. But she didn’t leave local government altogether and she continues to serve cities and towns in another capacity today. In July, 2015, Maura stepped into the role of executive director of the Vermont League of Cities and Towns. Local government is Maura’s passion, and we are all delighted to see her continue working with local government in Vermont.

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UP CLOSE AND PERSONAL

T

he Up Close and Personal column is designed to give readers a closer look at NHMA Board members. In this issue, we introduce Priscilla Hodgkins, town clerk/tax collector with the Town of New Castle. Priscilla has been volunteering her time on the NHMA board since 2016.

T&C: What are your duties and responsibilities as Town Clerk/Tax Collector?

PH: A town clerk has four main areas of responsibility: elections, vital statistics, town records, and motor vehicles. They all require a lot of detailed knowledge for each entity: New Hampshire’s laws, procedures and exceptions to the procedures and exceptions to the exceptions. It’s a never-ending treasure hunt. The work of tax collector is fairly straight-forward until a property is in default for non-payment. I work with the owners to help them understand the lien and deeding parameters, their options, and the rules, which I have set out in a large black binder. Once again, knowledge of the RSAs is imperative. NHMA is a valuable source of information when the issues get sticky with a property that has to be deeded to the town and there are multiple owners and humorless bankers. The New Hampshire Tax Collectors Association is also an important source for interpreting the tax laws.

Priscilla Hodgkins

T&C: What is your biggest challenge in performing your duties?

PH: Town clerk/tax collector is a great job for the fastidious – those who keep the left side of the brain busy with sequencing and mathematics. I am not fastidious. My brain lights up brightly on the right side – the part that likes to imagine and create, not count and analyze.

I have to work hard to pay attention to the details, the rules, all the lines and boxes. It turns out to be a good offset to the other work I do as a writer and teacher of creative writing.

T&C: How has NHMA helped you to do your job?

PH: I use NHMA’s online resources quite often and now and then send an email to request legal advice. I read the monthly bulletins about the legislature and municipal outlook. The training NHMA offers to towns is enormously important. Where else can someone attend a workshop on how to be a town moderator?

T&C: Has your job changed the way you look at the role of government?

PH: Yes, definitely. The most important part of my job and the part I am most invested in is elections. I get my hands on the workings of the basis of our republic. This is going to sound silly, but the best part of any day is helping someone register to vote.

I also went to school to learn how to be an effective town clerk/tax collector. This was through a program presented by the New Hampshire Tax Collectors Association and the New Hampshire City and Town Clerks Association that meets for a week each summer. It takes four years to complete the requirements and get certified. These associations also host three-day conferences each fall, which offer a good opportunity to talk shop with veterans in the trade. There seems to be no end to what I could learn about municipal government.

T&C: Anything else you would like to discuss about your job?

PH: Sure – bring your town clerk a nice bar of chocolate.

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UP CLOSE & In the Field

PERSONAL W

elcome to Up Close and Personal – In the Field, a regular column in New Hampshire Town and City, dedicated to giving readers a closer look at local government officials from New Hampshire municipalities. In this issue, we hope you enjoy meeting David “Swens” Swenson, selectman in the Town of New Durham.

T&C: What are your duties and responsibilities as selectman?

SWENS: I view the board of selectmen as the senior administrative body in each town. The board of selectmen sets the town’s policies and strategic direction. The duties and responsibilities of the select board include oversight responsibility for all public safety agencies of the town (fire department, police department, public works) and the ethical and fiduciary responsibility to carry out the wishes of the voters in budgetary, operational, and governing matters. The select board, in my opinion, oversteps its bounds by getting involved in the daily operations of a department or they are too quick to try to solve problems that should be handled by others.

David “Swens” Swenson

T&C: What is your biggest challenge in performing your duties?

SWENS: An effective selectman needs to have the ability to take the patchwork of laws and bylaws that comprise the board’s authority and turn it into a positive action agenda. The challenge is to continually show leadership by making decisions based on facts and logic and then solve problems by looking for and addressing the root cause. Leaders lead by example and decisions in the best interests of the taxpayer and not by words, personal agendas, raw power, or manipulation.

T&C: How has NHMA helped you to do your job?

SWENS: NHMA has been a valued resource in multiple instances during my tenure as selectman for New Durham. Its services from Right-to-Know knowledge, court updates, and numerous workshops have provided information and a network of contacts with which to dialogue on a variety of topics. The two resources I have used the most are the legal services and the NHMA Annual Conference. Specifically, I have used the NHMA legal inquiry resources several times over the past four years and have found their advice to be useful and timely. Additionally, the NHMA Annual Conference provides an opportunity to network with peers and also provides high quality programs that are informative and applicable to real municipal issues.

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 townandcity@nhmunicipal.org.

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Legislative advocacy is a critical service from NHMA and one which allows its members to actively participate in developing key issues and priorities. NHMA works to maintain municipal revenue streams and advocate for local authority, and to develop, review, and/or recommend legislative policy proposals, allowing its members to prioritize these initiatives based on their interests. Having participated in the most legislative policy process, I can attest that thorough reviews are done and members provide an interesting cross-section of municipal responsibilities.

T&C: What lessons about human nature have you learned in your role?

SWENS: My positions of leadership have offered many lessons in human nature, but perhaps the most important one is how a board’s behavior sets a tone for the town. A board which is constantly bickering or frequently stymied by personal agendas and disagreements loses credibility with the public, other town officials, and town employees. A successful select board must view its role as fulfilling the wishes of the voter with a strategic “eye” on advancing an environment that works to bring a vibrant, welcoming, and caring sense of community.

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Tech

Insights

A Look at Modern Security

By Tim Howard

Don’t under estimate the threat of a cyber-attack.

Municipalities today, no matter large or small, are faced with endless cyber security risks. These security risks are forecasted to grow at an exponential rate in the years to come. Think back 10 to 15 years ago: Each employee usually worked on one desktop PC, and at home they maybe had one shared PC per household.

Today each person is connected to an average of approximately three devices each. With this increased size in attack surface, and the growing sophistication of cyber-attacks, protecting your municipalities network and citizen’s data will only become more challenging. So, where can you begin? One way is by reducing your attack surface by improving your endpoint security.

Reduce your Attack Surface with a Modern Endpoint Security

Consider Endpoint Security as the new and improved antivirus protection—but it is so much more. The Endpoint Security software available today features Application, Device, and Web Control. These tools allow you to control what the user can actually do, which will reduce your “attack surface.” They also provide a means for your IT Administrator to enforce security and appropriate usage policies.

Application Control allows you to block the use of unwanted applications. You may even want to block legitimate applications from user’s computers as well. Although they may not be malicious sites, they may be unproductive sites, like games, instant messaging programs, Facebook, or iTunes.

Device Control can restrict the use of USB drives, network adapters and other peripheral devices. You can block all USBs,

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except those that have been supplied by the IT Department.

New and unapproved devices can be detected, and then notify the network administrator. The IT Administrator can then choose to authorize the new device or not.

Web Control allows you to decide which websites to block or allow. You can do this based on categories like adult websites or shopping websites. Because web control is located on the Endpoint itself, these rules will apply whether they are on the corporate website, at home, or at Dunkin Donuts; this is really important feature if you have a mobile workforce.

Additionally, modern Endpoint Protection software can sync with your Microsoft Active Directory (AD). This allows for the two services to communicate with each other. Policies and user groups that are created or modified in AD can be pushed in to the Endpoint console. This communication greatly simplifies and improves the security management process.

Open the lines of communication with a Synchronized Security Solution

For decades, the security industry has been treating network security and endpoint security as completely different entities.

A traditional security solution is like putting one security guard outside the building and another inside the building, but not allowing them to talk to each other. Today a revolutionary, yet simple Synchronized Security Solution can be implemented.

Synchronized Security is like handing those same two security guards a 2-way radio, so that when one of them spots an issue, the other knows about it instantly. Synchronized Security allows next generation endpoints and network security solutions to continuously share meaningful information about

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suspicious and confirmed bad behavior across an organization’s entire infrastructure including mobile devices.

Mobile devices are rapidly growing in number: first laptops, then phones, then tablets, and now watches! How can you begin to manage all of the devices employees are now using? This is a huge challenge, AND employees are using mobile devices more than you or your IT Administrators may even be aware of (See Related Graph). The graph highlights that, whether you want to believe it or not, more and more company data is ending up on employee devices. This makes it even more important to have Mobile Device Security in place to protect your company information that appears in emails, company internet, and company documents that are being shared via email, and collaboration sites using cloud storage. The use of mobile devices has created an entirely new workplace, with a true 24-7 business landscape. Today, the productivity door is

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wide open, and YOU need to adjust to how your employees are now working.

No matter your organization size, you need to stop and assess the risks you may be facing, and put the right security solution in place. How much risk are you willing to take? To reverse the trend of increasing incidents and breaches, we must take a much different approach to I.T. security than we have done in the past. To do this, we must implement

new solutions that are simple, effective, automated, and coordinated. The good news is that this capability is already available today; they just need to be prioritized, and implemented accordingly.

Tim Howard is President and CEO of RMON Networks, an IT Support Company specializing in services for municipalities since 2002. Tim can be reached at thoward@rmonnetworks.com or at 603.869.7323.

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Legal

Q and A

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

Frequently Asked Questions About the New Hampshire Rivers Management and Protection Program Q. When and why did the State of New Hampshire establish the Rivers Management and Protection Program?

A. In 1988, the State Legislature responded to the increasing and competing uses of the State’s rivers by creating the New Hampshire Rivers Management and Protection Program (RMPP). The purpose of the program is to protect the State’s significant river resources for the benefit of present and future generations through a unique combination of state and local resource management and protection.

Q. What law was adopted to create the Rivers Management and Protection Program?

A. The New Hampshire Rivers Management and Protection Program was originally adopted in 1988 as RSA Chapter 227-F, effective June 29, 1988. The Act established a statewide rivers program based on a unique cooperative approach: State designation of significant rivers to manage and protect the rivers’ values and characteristics, and local oversight of the rivers’ resources through the development and implementation of river corridor management plans and involvement in the state, local and federal permitting process for activities that may impact the river. The law also declared an immediate moratorium on the approval of new dams on the following rivers: Pemigewasset, Saco, Swift, Contoocook, Merrimack and Connecticut south of the Israel River in the Town of Lancaster. RSA Chapter 227-F was recodified as RSA Chapter 483.

Q. How is the Rivers Management and Protection Program administered by the State of New Hampshire?

A. RMPP is administered by the New Hampshire Department of Environmental Services (NHDES) Water Division 40

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and is staffed by a Rivers and Lakes Program Manager. The Act also established the statewide Rivers Management Advisory Committee (RMAC). The RMAC members represent a wide range of river interests and work closely with NHDES in an advisory capacity. The members of the RMAC are appointed by the Governor and Executive Council for threeyear terms. There are seventeen committee members, eleven voting and six non-voting. Among its advisory duties, the RMAC is responsible for reviewing proposed disposals of state-owned lands near rivers and for preparing a recommendation to the DES Commissioner on the merits of new nominations into the RMPP. More detailed information about the RMAC may be found at http://des.nh.gov/organization/divisions/water/wmb/rivers/rmac/index.htm.

Q. What is the process of designating a river or river segment for protection under the Rivers Management and Protection Program?

A. A river or river segment may be nominated for State designation by any citizen or organization in the State. Sponsors must submit a description of the river’s values and characteristics to the Commissioner of NHDES. Each river nomination is evaluated by the RMAC and the NHDES Commissioner to ensure that the river’s designation would be consistent with the purpose of RSA Chapter 483. If the commissioner determines that the river or river segment meets the criteria in RSA 483:6, IV, the nomination is forwarded to the State Legislature. The final step in the designation process is the State Legislature’s consideration of a bill to designate the nominated river. When the bill gets passed and signed by the governor, this formally designates the river into RMPP. Each designated river is protected and managed to maintain and enhance instream river values such as water quality and instream flows. A more detailed www.nhmunicipal.org

description of the river nomination process, along with other information and related forms may be found at: http://des.nh.gov/organization/divisions/ water/wmb/rivers/index.htm.

Q. What is the effect of designating a river for protection under the Rivers Management and Protection Program?

A. RMPP provides certain protection measures for the water flowing in the stream channel of a designated river, known as instream flow. RMPP also provides a river classification system to match general river characteristics with the specific protection measures.

According to RSA 483:7-a, rivers can be classified as natural, rural, ruralcommunity or community. For each river classification, RSA Chapter 483 establishes specific protection measures which pertain to structures and activities within the river such as: dams, hydroelectric energy facilities, channel alterations, maintenance of water quality, protected instream flows, inter-basin water transfers, and recreational uses of those river segments classified as “natural.� There are very specific protection measures that pertain to the siting of solid waste facilities within 250 of the normal high water mark of a designated river.

Q. Does the Shoreland Protection Act, RSA Chapter 483-B, provide any other forms of protection for designated rivers?

A. As of 2008, designated rivers benefit from additional protective measures found in the Shoreland Water Quality Protection Act (SWQPA), RSA Chapter 483-B, regardless of the size of the river. All fourth order and higher rivers in New Hampshire are subject the SWQPA. A partial description of these additional protective measures can be found at: http://des.nh.gov/organization/commissioner/pip/factsheets/ rl/documents/rl-14.pdf. www.nhmunicipal.org

Q. What is the local implementation process for a river designation under the Rivers Management and Protection Program?

ignated rivers in the state. The designated rivers include:

A. An important and unique feature of RMPP is the opportunity for municipalities to participate, through local river management advisory committees (LACs), in multi-town river corridor planning and implementation efforts. A LAC is appointed for each designated river. Each LAC is comprised of representatives from each riverfront municipality and is responsible for developing a local river corridor management plan and reviewing and commenting on activities affecting the river that require state or federal permits. The river corridor includes the river and the land area located within 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.

LAC representatives come from a broad range of interests including, but not limited to, local government, business, conservation, recreation, agriculture and riparian landowners. This diversity helps bring a variety of perspectives to bear on resource protection and development issues. Because the river corridor management plan is locally developed and implemented, it reflects the specific needs of the individual river combined with the interests and concerns of local citizens.

More detailed information about the existing Local River Management Advisory Committees may be found at: http://xml2.des.state.nh.us/blogs/rivers/.

Q. What rivers or river segments are currently protected under the Rivers Management and Protection Program?

A. Currently there are 18 rivers or river segments included in RMPP, resulting in approximately 1,000 miles of des-

Ammonoosuc River Ashuelot River Cocheco River Cold River Connecticut River Contoocook & North Branch Rivers Exeter & Squamscott Rivers Isinglass River Lamprey River Watershed Mascoma River Merrimack River (Lower) Merrimack River (Upper) Oyster River Pemigewasset River Piscataquog River Saco River Souhegan River Swift River

Q. How does designation of a river into the Rivers Management and Protection Program benefit a town or city?

A. River designation increases public awareness of the river and creates a local community planning and management effort centered specifically on the river and its resources. The establishment of a local river management advisory committees (LAC) creates a forum for multi-town and multiinterest coordination of efforts to protect and manage valuable river resources and creates an incentive for the riverfront communities to adopt and implement local river corridor management plans. The plans include recommendations regarding the use and conservation of the shoreline and adjacent lands within the river corridor.

Will river designation limit local land use control in the river corridor?

A. The land use protection measures that are added with a river designation are those that prohibit solid and hazardous waste facilities in the applicable river corridor and protected shoreland.

Finally, RSA 483:2 specifically pro-

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LEGAL Q & A from page 41 vides that, notwithstanding the provisions of RSA 483-B, nothing in RSA Chapter 483 shall be interpreted to preempt any planning and zoning authority granted to New Hampshire municipalities under RSA title LXIV. Stephen C. Buckley is Legal Services Counsel with the New Hampshire Municipal Association. He may be reached at 800.852.3358 ext. 3408 or at legalinquiries@nhmunicipal.org.

This FAQ was compiled from a fact sheet published by the New Hampshire Department of Environmental Services entitled The New Hampshire Rivers Management and Protection Program, dated 2015, with 2016 updates.

N E W

Court

Update

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: Annulment Protects Person, not Record from Disclosure Grafton County Attorney’s Office v. Elizabeth Canner, New Hampshire Supreme Court No. 2015-0536, 8/23/2016

H A M P S H I R E

M U N I C I P A L

• B ond issue approved by governmental entity • Completed application approved by Bond Bank Board

• Local bond counsel opinion

NEW HAMPSHIRE MUNICIPAL BOND BANK

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B O N D

B A N K

The Bond Bank’s Bond Sale Schedule

Basic Loan Requirements:

• Audit by CPA Firm

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

Bond Sale Date:

Application Deadline:

January 11, 2017

November 15, 2016

Are you planning a capital project for 2016?

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.

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 Sheila M. St. Germain, Executive Director, at info@nhmbb.com or call (603) 271-2595 or toll-free in NH at (800) 393-6422. For more information, visit our website at www.nhmbb.org.

NEW HAMPSHIRE TOWN AND CITY

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New Hampshire Town and City

2016 Index of Featured Articles Budget & Finance A Capital Improvements Program (CIP) is Not Just a Wishlist.................................................................................. Sept/Oct..................................................13 Field of Dreams: How Tax Increment Financing Can Help Development Dreams Come True................................. Sept/Oct....................................................8 Financing Capital Projects......................................................................................................................................... Sept/Oct..................................................21 The Science of Games and Budgeting........................................................................................................................ Sept/Oct..................................................17 Human Resources/Workplace Can Local Governments Prohibit Employees from Possessing Firearms in the Workplace?........................................ July/Aug..................................................36 Discipline with Dignity............................................................................................................................................. Mar/Apr..................................................34 If You See Something Suspicious, Say Something to Local Law Enforcement............................................................ May/June................................................15 NH Supreme Court Holds That All Employees Face Individual Liablity for Workplace Harassment......................... May/June................................................30 Recruiting a More Diverse Fire Service...................................................................................................................... May/June................................................13 Responding to the Challenge of Rising Health Insurance Premiums......................................................................... Jan/Feb....................................................38 Six Steps to Recruiting a Great Police of Fire Chief................................................................................................... May/June................................................17 Volunteer, On-Call, and Employee Fire Departments: Understanding the Law........................................................ May/June..................................................9 Land Use and Environment Are You Ready for This?............................................................................................................................................ Nov/Dec.................................................21 Local Regulation of Biosolids and Septage Use.......................................................................................................... July/Aug..................................................15 Make Room for Daddy: The New Law on Accessory Dwelling Units....................................................................... July/Aug..................................................19 Preparing for a Changing Climate: Resources for Municipalities.............................................................................. Nov/Dec.................................................. 8 Private Wells: An Opportunity for Municipalities to Improve Public Health............................................................ Nov/Dec.................................................17 SB 380, New Hampshire’s Drinking Water and State Assistance Fund...................................................................... July/Aug..................................................11 The Municipal Role in Managing a Drought Emergency in New Hampshire............................................................ Nov/Dec................................................ 13 Watershed Management Strategies and Resources..................................................................................................... July/Aug....................................................8 Why Should I Care About the MS4 Permit?.............................................................................................................. July/Aug..................................................13 Contracting 101........................................................................................................................................................ July/Aug..................................................38 Legal Questions and Answers Deploying Police Body Cams -- Issues & Limitations Under NH Law...................................................................... May/June................................................32 Election Readiness..................................................................................................................................................... Jan/Feb....................................................40 Ensuring a Clean Vote in Your Municipality.............................................................................................................. Mar/Apr..................................................36 Multi-Year Contracts................................................................................................................................................. Sept/Oct..................................................46 FAQ’s About the New Hampshire Rivers Management and Protection Program....................................................... Nov/Dec.................................................40 Legislative 15 Tips for a Successful Legislative Session................................................................................................................ Jan/Feb....................................................17 Committees Complete Work on 2017-2018 Legislative Policy Recommendations.................................................... Sept/Oct..................................................27 Concerned Legislators Form Coalition of Legislators Against Downshifting (CLAD)................................................ Jan/Feb....................................................19 Don’t Watch from the Sidelines, Get Involved in NHMAs’ Legislative Policy Process................................................ Jan/Feb....................................................25 Model Behavior: Working Closely with Your Local Legislative Delegation............................................................... Jan/Feb....................................................23 The Calm Before the Storm: Legislature Has Plenty in Store on Municial Issues...................................................... Jan/Feb....................................................13 Miscellaneous An Extraordinary Year............................................................................................................................................... Jan/Feb......................................................8 More Recent History of the New Hampshire Municipal Association (2006-2010).................................................... Nov/Dec.................................................26 Qualifications-Based Selection for Design Professionals............................................................................................. July/Aug..................................................17 The Early Years of the New Hampshire Municipal Association (1934-1962)............................................................. Jan/Feb....................................................30 The Early Years of the New Hampshire Municipal Association (1962-1974)............................................................. Mar/Apr..................................................22 The Early Years of the New Hampshire Municipal Association (1975-1984)............................................................. May/June................................................19 The Middle Years of the New Hampshire Municipal Association (1985-1995).......................................................... July/Aug..................................................22 The Recent History of the New Hampshire Municipal Association (1996-2005)...................................................... Sept/Oct..................................................32 Right-to-Know Issues Just Below the Surface: Current Issues Under RSA Chaper 91-A.............................................................................. Mar/Apr..................................................19 Let the Sunshine In!.................................................................................................................................................. Mar/Apr..................................................21 Non-Public Sessions Under the Right-to-Know Law: Practical Issues....................................................................... Mar/Apr....................................................8 To Disclose or Not to Disclose.................................................................................................................................. Mar/Apr..................................................15 Technology A Look at Modern Security....................................................................................................................................... Nov/Dec.................................................36 Are Your Prepared for Disaster?................................................................................................................................. May/June................................................28 File Sharing: A Potential Security Risk for Municipalities......................................................................................... July/Aug..................................................34 Hook, Line & Sinker!................................................................................................................................................ Jan/Feb....................................................36 Stop Digging Through Old Record!s......................................................................................................................... Sept/Oct..................................................44 What Technology Strategies are You Committed to in 2016?.................................................................................... Mar/Apr..................................................32

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NEW HAMPSHIRE TOWN AND CITY

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