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NewsLink
is a bi-weekly newsletter of the New Hampshire Municipal Association.
Its purpose is to keep you up-to-date on the latest information
of interest to municipal officials.
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Update Your Official Municipal Roster - Deadline of May 31st
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Please Update Your Official Roster and Membership Contact Information
Help Keep NHMA's Database Current!
After each town or city election, we ask our members to identify and update all newly-elected and reelected officials from your city or town. By this action, you will help us maintain the 2019-2020 New Hampshire Municipal Officials Directory as a valuable member resource.
NHMA relies on this vital information to reach municipal officials and staff with timely information regarding available training, program and services as well as important legal and legislative updates throughout the year. This publication is also used extensively as a valuable reference tool by city, town, school and other local government officials.
Please log onto
www.nhmunicipal.org and go to Member Directory Updates in the Member Toolbox. If you don't know who in your city or town has access to do this, please contact NHMA's Judy Pearson at
jpearson@nhmunicipal.org or via phone at 230.3355. This is also a good time to update who receives a complimentary
New Hampshire Town and City magazine subscription as part of your membership with us.
Please update your official roster at your earliest convenience, but no later than May 31st! Thank you in advance for all your help.
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FREE WORKSHOP FOR LOCAL OFFICIALS
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2019 LOCAL OFFICIALS WORKSHOP
9:00 am- 4:00 pm (
Registration begins at 8:30 am)
Continental breakfast will be provided.
12:00 noon -1:00 pm
(LUNCH ON YOUR OWN)
Time provided for attendees to get lunch!
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Presented by NHMA's Legal Services attorneys, this workshop will provide municipal officials with the tools and information to effectively serve their communities. Topics will include the Right-to-Know Law, ethics and conflicts, town governance, municipal roads, and more. Ample time allowed for questions, answers, and discussion.
Attendees will receive a complimentary copy of NHMA's 2019 edition of the publication,
Knowing the Territory.
Cancellation must be received 48 hours in advance. If cancellation is not received 48 hours in advance, NHMA will charge you $20 to cover workshop costs, including any meals.
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Do You Have the 2015 Hard Road to Travel Publication?
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Do You Need the 2019 Supplemental Update?
You can now download the update from the NHMA Shop!
$5 for members/$10 non-members.
You can also buy the book with the update included if you don't already have the book.
$55 members/$110 non-members.
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A Continuing Legal Education Seminar, hosted by NHMA and the New Hampshire Municipal Lawyers Association:
Managing Public Rights of Way: 5-G Deployments and Taxation
1:00 pm - 4:15 pm
Thursday, May 30, 2019
NHMA Offices, 25 Triangle Park Drive, Concord
$40 per attendee/Online Registration Only
This seminar will cover the evolving pressures on municipalities for access to public rights of way for wireless telecommunications, broadband fiber and traditional telephone and electrical poles and conduits, and the changing requirements for taxing private company uses of the public rights of way.
Both emerging technologies and new laws are challenging the way municipalities have traditionally managed their public rights of way, and being pro-active is the best approach. This seminar will provide specific guidance on staying ahead of these developments, with examples of documents and procedures.
Presenters include Kate Miller, Partner at DTC Lawyers and DTC Associate Brendan A. O'Donnell.
As with all NHMLA/NHMA seminars, this is an educational seminar and is not intended to provide legal advice, and attendance or participation does not create an attorney-client relationship.
Registration includes materials delivered electronically - no hard copies of materials will be provided.
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A Continuing Legal Education Seminar, hosted by NHMA and the New Hampshire Municipal Lawyers Association:
Ethics for Municipal Attorneys
1:00 pm - 4:00 pm
Friday, June 14, 2019
NHMA Offices, 25 Triangle Park Drive, Concord
$40 per attendee/Online Registration Only
Seminar Description:
The municipal attorney is a valuable part of any municipal governance team and, when used effectively, can ensure the city or town carries out its responsibilities and lawfully achieve its goals while at the same time protect the municipality and its officials and employees from significant liability.
Join Attorney Russ Hilliard of Upton & Hatfield and Concord City Solicitor, James W. Kennedy, who will review professional ethics as applied to the position of municipal attorney. This seminar, though primarily aimed at municipal attorneys, also provides helpful information for other municipal officials and administrators, including:
* Identifying the control group in litigation - who can opposing counsel speak to in the municipality during litigation and not be in violation of Rule 4.2;
* Texting, as it relates to spoliation of evidence and Rule 3.4;
* Who is the client, relative to when a municipal entity creates a committee with another separate and distinct entity;
* When a zoning board makes a decision and the administration does not agree - how to proceed;
* When an elected official violates an ethics standard, what are the options to investigate;
* Conflict issues when municipalities change law firms; and
* Conflict issues created when a lawyer's action for one client materially limits the lawyer's effectiveness in representing another client in a different case.
As with all NHMLA/NHMA seminars, this is an educational seminar and is not intended to provide legal advice, and attendance or participation does not create an attorney-client relationship.
Registration includes materials delivered electronically - no hard copies of materials will be provided.
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2019 Municipal Trustees Training Workshops
9:00 am - 3:30 pm
NHMA Offices, 25 Triangle Park Drive Concord
9:00 am - 3:30 pm
Medallion Opera House, 20 Park Street Gorham
Cost: $60, includes continental breakfast, lunch and program materials
Trustees 101 - Governance and Right-to-Know Law
9:00 am-10:30 am
NHMA Attorneys
Carrying out your duties as a Library Trustee, Cemetery Trustee or Trustees of Trust Funds starts with understanding how to conduct public meetings in compliance with the Right-to-Know Law. Governance of your trustee committee or board also requires effective meeting rules of procedure, and an understanding of your relationship with your governing body; select board, town council or city council.
Trustees 101 will cover these topics, along
with attention paid to the special roles and responsibilities that Cemetery and Library Trustees and Trustees of Trust Funds have over gifts and other donations given in trust to your municipality.
10:30 am - 10:45 - BREAK
A Little Help From My Friends
10:45 am-12:30 pm
Terry Knowles, Assistant Director of Charitable Trusts Division, Office of Attorney General
Have you recently been elected or appointed to the office of Trustees of Trust Funds, Cemetery Trustee or Library Trustee and you have no idea what to do? Then this session is for you! Presenter Terry Knowles will explain the duties, responsibilities, and reporting requirements of these offices and how the trustees interact with other municipal officials.
12:30 pm to 1:15 pm - LUNCH
Electronic Reporting for Trustees of the Trust Funds
1:15 pm-2:00 pm
David Salzer, Principal, Axiomatic
An electronic portal is now available for Trustees of the Trust Funds to submit the MS-9 and MS-10 forms. The portal streamlines the annual submission process by enabling trustees to enter trust fund information through a user-friendly interface that allows a direct data upload. This session will provide an overview of the system, including its features and functions.
2:00 pm to 2:15 pm - BREAK
Trust Fund Administration
2:15 pm-3:30 pm
Jamie Dow, Municipal Accounts Auditor, New Hampshire Department of Revenue Administration
Trustees of Trust Funds are responsible for the custody of municipal money placed into expendable trusts and capital reserve funds, the rules for which are somewhat different than private funds held in trust. This session will explain those differences, focusing on when capital reserve funds and expendable trust should be established; the process for establishing, adding to, and withdrawing from the funds; and the proper documentation for establishment, appropriations, and withdrawals. Additionally, the roles of the "agents to expend" versus the "trustees as custodians" will be discussed.
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NHMA Webinar:
2019 Legislative Wrap-up
12:00 pm - 1:00 pm
Wednesday, June 26, 2019
Join Executive Director Margaret Byrnes, Government Affairs Counsel Cordell Johnston, and Government Finance Advisor Barbara Reid for a review of the highlights of the 2019 legislative session.
This will be after the legislative session ends, so except for possible vetoes, all legislative action will be final.
This webinar will discuss the most significant bills of municipal interest that made it through the legislature this year, as well as a few that failed but may be back in the future.
The discussion will include, among others, state budget, assessing issues, water quality standards, the Right-to-Know law, the retirement system, planning and zoning issues, election law matters, including postponement of town meeting, and other changes affecting municipal governance and administration.
This webinar is open to NHMA members and is of interest to all municipal officials and employees.
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NHMA Webinar:
The Right-to-Know Law and Governmental Records
12:00 pm - 1:00 pm
Wednesday, July 10, 2019
Join NHMA's Executive Director Margaret Byrnes and Legal Services Counsel Stephen Buckley who will share strategies to assist municipalities in handling governmental record matters arising under the Right-to-Know Law. Handling governmental records requests requires an understanding of all aspects of request processing including: the requirements for availability, storage, electronic records, redaction, cost estimates, mandated access for certain records and appointments for review of records. Guidance will be provided on determining what is a governmental record, and when and how access and copies of public records must be provided. This workshop will also address what records are exempt from disclosure, along with whether a record request that would require a search for multiple documents must be fulfilled or whether a request impermissibly seeks to create a record that does not exist. In addition, guidance will be provided on the retention of governmental records and how claims under the Right-to-Know Law are enforced.
This webinar is open to NHMA members and is of interest to all municipal officials and employees.
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NHDRA Readopting Excavation Tax Rules Without Amendments
The
New Hampshire Department of Revenue Administration (NHDRA) is readopting Rev 500 rules governing the excavation tax and taxation of the excavation area, including definitions and requirements of filing of forms, certification by municipal assessing officials, distribution of forms, bonding, and appeals.
A public hearing will be held at
2:00 pm, Friday, June 7, 2019 at the NHDRA Offices located at 109 Pleasant Street, 2nd Floor Training Room, in Concord. Deadline for submission of written comments are due
Monday, June 17, 2019.
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NHOSI Forming "Complete Count Committee" and Invite Your Participation!
9:00 am - 12:00 pm, Thursday, June 20, 2019
New Hampshire Municipal Association
25 Triangle Park Drive
Concord, NH 03301
Learn how you can help to ensure that the population of
New Hampshire
is fully counted on April 1, 2020
The 2020 Census will be the only chance in 10 years to fully count New Hampshire's population, ensuring representation in Congress and distribution of federal dollars. New Hampshire is forming a Complete Count Committee to ensure that everyone in the state is accurately counted in 2020. We will look at challenges to counting the state's population and begin to discuss ways to meet those challenges. Outreach and communication are key.
Come to the meeting and consider whether you would like to join the New Hampshire Complete Count Committee and help spread the news of the importance of a complete and accurate census!
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CDFA Hosting Two Workshops for Interested Organizations Applying for CDBG Funds
The Community Development Finance Authority (CDFA) will be conducting workshops for organizations interested in applying for Community Development Block Grant (CDBG) funds or learning more about the program. Deadline to register for these workshops is Friday, May 31.
The workshop is encouraged for grant administrators, grantees and any projects that intend to apply for the following programs: Housing, Public Facilities, Economic Development, Emergency or Feasibility.
Interested applicants should register for only one of the following events as space is limited and the same content will be covered at each workshop:
If you have any questions, please contact Shelley Hadfield, Interim Director of Community Development, at 603-226-2170 or
cddirector@nhcdfa.org.
ABOUT THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
T
he Community Development Block Grant (CDBG) program awards funds to support economic development, housing and community-based initiatives that primarily benefit low- and moderate-income persons or households.
Funding for the CDBG program is provided to New Hampshire through the U.S. Department of Housing and Urban Development. New Hampshire's statewide CDBG program has been administered by CDFA since 2003.
Eligible applicants for CDBG funds include most New Hampshire incorporated counties, cities, and towns. A nonprofit agency may also apply through its municipality or county as a sub-recipient of CDBG funds.
Please note the federally-designated entitlement communities of Dover, Manchester, Nashua, Portsmouth, and Rochester are ineligible to apply as they receive CDBG funds directly from the U.S. Department of Housing and Urban Development.
ADDITIONAL INFORMATION
Individuals who need auxiliary aids for effective communication in programs and services are invited to make their needs and preferences known to CDFA, 14 Dixon Ave., Concord, NH 03301 (phone: 603-226-2170; fax: 603-226-2816; TDY/TDD Access Relay NH: 800-735-2964), prior to the meeting. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.
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Members Input Sought on Fire Service Training and Certification-Related Rules
Survey Deadline Extended to May 24!
The New Hampshire Fire Standards and Training Commission (NHFSTC) is responsible for the establishment of standards statewide for fire service related training curricula and issuing a certificate(s) upon successfully completing the related fire service courses.
The Commission is currently considering amending its administrative rules in order to clarify what specific infractions warrant revoking a New Hampshire firefighter's certification and, as a separate matter, is also considering establishing a voluntary credentialing process for various disciplines in the New Hampshire fire service that recognizes those fire service members who complete ongoing professional development beyond just completing a one time series of courses that result in issuance of a certificate.
Below are links to two brief surveys for each topic, if you could spare just a few short minutes to provide your feedback on these topics, it would be much appreciated.
The Commission is hoping to have your feedback submitted by May 24, 2019.
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The
Drummond Woodsum Employment and Labor Group
invites you to its quarterly complimentary Human Resources get-together. Employers face a myriad of challenges when attracting and hiring new employees. Everything from initial communications and offer letters, setting job expectations, and new-hire administration implicates legal compliance. This program will focus on helping employers put themselves on sound legal footing for a positive start to the employment relationship.
Topics will include:
- Questions and topics to avoid when communicating with applicants or new hires
- Offer letters and position descriptions
- Medical exams
- I-9 compliance and other new hire paperwork
- Diversity issues in the workplace
Please forward any questions you may have on this topic to Anna Cole at
acole@dwmlaw.com
by June 3, 2019. These questions and others that arise will be addressed during the program.
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NHDES Seeking Pre-applications for Drinking Water Projects
Pre-apps due by Friday, June 14, 2019
The New Hampshire Department of Environmental Services (NHDES) is now soliciting pre-applications for drinking water projects through the Drinking Water State Revolving Fund (DWSRF) program.
The SRF program is a low-interest loan program that assists community public water systems with the planning, design, and construction of eligible drinking water infrastructure improvement projects.
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NATIONAL LEAGUE OF CITIES: What a Broadband Preemption Victory in Arkansas Means for Rural Cities
Private-sector competition is touted as the solution to America's connectivity problems. But private companies haven't provided the broadband infrastructure necessary for rural residents to reliably stream TV shows-let alone start or nurture small businesses.
Until recently, the Arkansas legislature preempted local governments from establishing municipal broadband services, leaving Arkansas communities at the mercy of private companies focused on profit. Now, Arkansas is looking to build the infrastructure it needs now for all of its communities, urban and rural. The state's legislature, with help from the Arkansas Municipal League and other organizations, unanimously passed a bill overturning the state's eight-year-old municipal broadband preemption law. The bill was signed into law by governor Asa Hutchinson on March 6 of this year. Now, towns in Arkansas can work towards providing their citizens with quality internet access. This has the potential to be a national movement, as other states like Mississippi have taken similar actions.
In 2018, NLC found 20 states had preempted municipal broadband, including Arkansas. Learn more about preemption of municipal broadband and other policy areas in NLC's 2018 report,
City Rights in an Era of Preemption.
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May 22nd TRIVIA QUESTION:
Name the New Hampshire city or town that takes its name from a suburb of London, England. It is home to one of the largest private game reserves in New England featuring bison, boar and elk. Samuel Read Hall, the grandson of one of the original grantees was born here. He became the first teacher to use a blackboard, created the first teacher training school in the United States and the first instructional book for teachers.
Please send your response to
newslink@nhmunicipal.org
. A winner will be recognized in the next
NewsLink
issue and be eligible for a grand prize of no particular value whatsoever at the end of the year.
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May 8th TRIVIA QUESTION:
According to Wikipedia, name the New Hampshire city or town which was known as "Number Six" in a line of settlements running between the Merrimack and Connecticut rivers. In 1752, the Masonian Proprietors granted the land to Andrew Todd, who called it "Todd's Town." Settled in 1761 by James Peter, it was dubbed "New Marlborough" by others from Marlboro, Massachusetts. It is rumored that the game of paintballl originated here in 1981.
Correct Response: Town of Henniker
May 8th Winners: Ron Fontaine, Town Clerk, and Ashlee Crosby, Assistant Town Clerk, Town of Swanzey
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Benefit Plans for the Public Sector
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Before you act on an employment or labor issue,
call the
Drummond Woodsum
EMPLOYMENT LAW HOTLINE
@ 623.2500
The Employment Law Hotline is an NHMA Member Benefit
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SAVE THESE DATES - UPCOMING EVENTS!
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NewsLink. Yes, totally free. Sign up today!
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New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, NH 03301
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