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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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Legislative Policy Conference is THIS FRIDAY, September 14th!
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Join Us this Friday for NHMA's Legislative Policy Conference
9:00 am,
Friday, September 14th
The Legislative Policy Conference is set for Friday, September 14, 2018, at 9:00 a.m. at NHMA's offices at 25 Triangle Park Drive in Concord.
Currently we have nearly 70 voting delegates registered for this member event.
To review the full slate of policy recommendations,
go here.
To review the floor policy proposals,
go here.
To view Legislative Principles,
go here.
To view Legislative Policy Process Questions & Answers,
go here.
This is an important opportunity for each member municipality to participate in determining NHMA legislative policy for the 2019-2020 biennium--we count on your input!
As always, please do not hesitate to call or
e-mail
the Government Affairs Staff with any questions, comments, or concerns. We look forward to seeing you this Friday.
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NHRS Sets Employer Contributions for FY 2020 & 2021
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Board of Trustee's Certifies New Rates Effective 7/1/19
At its meeting on September 11, 2018, the Board of Trustees of the New Hampshire Retirement System (NHRS) certified employer contribution rates for fiscal years 2020 and 2021 (July 1, 2019 through June 30, 2021). Employer contribution rates for three of the four membership classifications - employee, police and fire - have decreased from the current rates, mainly due to strong investment performance over the five-year period ending June 30, 2017. Despite the positive investment experience, employer contribution rates for teacher members have increased slightly, primarily due to slower than expected teacher payroll growth and the continuing decline in the number of active teachers.
The Board's certification of the 2020-21 employer contribution rates - mandated under state law (RSA 100-A:16, III) - formalized the draft rates that were developed by GRS, the retirement system's consulting actuary, in the biennial actuarial valuation for the year ending June 30, 2017. Part I, Article 36-a of the New Hampshire Constitution requires NHRS Trustees to set actuarially sound employer contribution rates and requires employers to annually pay those rates in full. Employer rates are calculated every two years to reflect the cost of benefits as they accrue as well as pay down existing unfunded liabilities.
Employer contribution rates for political subdivision employers (cities, towns, school districts and counties) are available on the
NHRS website. A printable copy of the political subdivision rates is
available here. In addition, NHRS has prepared answers to frequently asked questions (FAQ) on the new employer rates which is
available here
.
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ATTENTION LOCAL LAND USE OFFICIALS
2018 Municipal Law Lecture Series in September and October!
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2018 Municipal Law Lecture Series
These lectures are open to members of the New Hampshire Municipal Association and intended for municipal officials with an interest in or responsibility for any aspect of municipal land use regulation, including members of planning and zoning boards, planners, land use administrators, select boards, town and city councilors, building inspectors, code enforcement officers, and public works personnel.
$90.00 for Three Lectures or $35.00 Per Lecture
Lecture 1: Planning Board Fundamentals
Whether you are a planning board member in a municipality with over 30,000 residents with a full-time planning director or in a municipality with less than 1,000 residents and no full-time staff, you are required to comply with the same state laws and regulations in performing your duties. This lecture will familiarize attendees with the duty to assist applicants and the public, accepting applications and determining completeness, board review of applications, and challenges facing boards with limited or no staff support. The lecture materials also provide sample documents and forms, including template checklists, sample abutter notices, sample public hearing notices, and a sample final decision.
C. Christine Fillmore, Esq.,
Gardner Fulton & Waugh PLLC
Diane M. Gorrow, Esq.,
Soule, Leslie, Kidder,
Sayward & Loughman, PLLC
Lecture 2: How to Read a Survey Plan & the Professionals Involved
This lecture will provide an outline of the different professionals that are involved in the local land use process and specifically in the development of the plans. Most people know that surveyors and engineers are involved in the process but do not have a full understanding of the role of each professional. A plan (also known as a plat) is a scaled drawing showing existing physical features of a tract of land and proposed changes to accommodate development. This lecture will provide an outline of the professionals who draft plans that are reviewed by land use boards, discuss what elements are commonly found in plans, and review some of the key skills needed to effectively read and analyze plans.
Stephan Nix, Esq.,
Licensed Land Surveyor
Nate Miller, AICP, Deputy Director,
Southern NH Planning Commission
Lecture 3 : Model Solar Ordinance & Guidance
This session will address the topical and sometimes controversial issue of developing solar arrays in New Hampshire. Using a model solar zoning ordinance as the basis for discussion, the presenters will provide an overview of solar arrays, relevant New Hampshire land use laws, and issues related to solar development. They will also discuss possible approaches toward regulating solar development in New Hampshire.
Clayton R. Mitchell, Ph.D., Esq.,
University of New Hampshire
John T. Ratigan, Esq.,
Donahue, Tucker & Ciandella, PLLC
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All Wednesday evening workshops run from 7:00 pm - 9:00 pm.
Join us for an all-day workshop on Saturday, October 20th. Cost is $100, includes continental breakfast and program materials. Program runs from 9:00 am - 4:00 pm.
Pre-registration is required. If you register and do not attend and do not cancel within 48 hours prior to the event, you will still be charged the cost of the workshop which covers meals, materials and administrative processing fees.
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Budget & Finance Workshop in Lincoln on September 20th!
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One More Budget and Finance Workshop Left
9:00 am - 4:30 pm
Thursday, September 20
(The Mountain Club on Loon, Lincoln, NH)
The Budget and Finance workshops are targeted at municipal officials and employees involved in the budgeting process, including members of governing bodies and budget committees, town managers, administrators, and finance staff.
Registration Fee: $90
Attendees will receive a copy of NHMA's 2017 edition of
The Basic Law of Budgeting: A Guide for Towns, Village Districts and School Districts and the 2018 Supplement.
Continental breakfast and lunch will be provided.
Program Description
Fundamentals of the Municipal Budget Process
Using the 2017 edition of NHMA's Basic Law of Budgeting and the 2018 Supplement as a guide, this full-morning session will address all aspects of the municipal budget process focusing on appropriations, gross-basis budgeting, separate vs. special warrant articles, multi-year contracts, transfers, lapses, spending limitations, no-means-no, duties of official budget committees, disallowed appropriations, special budget requirements under the SB 2 process (official ballot voting) including recent law changes, and other topics.
Presented by: Stephen Buckley, NHMA Legal Services Counsel, and Margaret Byrnes, NHMA Staff Attorney II.
How to Pay for the Budget You Want
This session will address the numerous ways to finance the municipal budget including user fees, reserve and special revenue funds, unanticipated revenue, use of fund balance, long-term debt, leases, Tax Increment Financing (TIF), and of course property taxation.
Presented by: Stephen Buckley, NHMA Legal Services Counsel, and Barbara Reid, NHMA Government Finance Advisor.
Understanding the Property Tax System
This session will describe how the property tax system works, including school, county and village district components of property tax rates.
Presented by: Barbara Reid, NHMA Government Finance Advisor.
Data Analysis for Decision-Making
The final session of the day will explore the information and data available to municipal officials and the public on the New Hampshire Public Finance Consortium website.
Presented by: Barbara Reid, NHMA Government Finance Advisor.
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2019 Important Date Calendars Now Available Online
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2019 Important Date Calendars Now Available
Visit
www.nhmunicipal.org to see the 2019 Important Date Calendars, which detail important dates and deadlines for March and May traditional meetings and March, April and May SB2 meetings, as well as a general calendar. These Important Date Calendars are located in the Legal Services box.
You may also download your 2019 calendar here:
Printed calendars will be distributed to members in September.
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ATTENTION:
Cemetery Trustees, Library Trustees and Trustees of Trust Funds
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Does NHMA Have Your Correct and Updated Email and Mailing Addresses?
If you are a cemetery trustee, library trustee and/or a trustee of a trust fund, please make sure we have your correct email and mailing addresses on file. This is how we communicate with you in a timely fashion regarding upcoming NHMA training events and educational resources.
As NHMA assumes our new training responsibilities for trustees, it is important that we have your updated email and mailing address on file for future notifications.
Please send your email and mailing addresses to
[email protected]
. Thank you!
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NHMA Right-to-Know Law Workshop:
Public Meetings and Nonpublic Sessions
9:00 am - 12:30 pm
Friday, September 28, 2018
NHMA Offices, 25 Triangle Park Drive, Concord
Cost is $75 and includes breakfast and publication
Join Legal Services Counsel Stephen Buckley and Staff Attorney Margaret Byrnes, who will discuss the requirements for holding a proper public meeting, as well as the exceptions to the meeting requirement (the so-called "non-meeting"). Then the attorneys will discuss the purposes for which public bodies may hold a nonpublic session, as well as the procedural requirements for a proper nonpublic session. This workshop will also address difficult "meeting" issues, such as communications outside a meeting and electronic means of communicating. There will be ample time for questions and answers.
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NHMA Workshop: A New Hard Road to Travel
9:00 am - 12:30 pm
Thursday, October 4, 2018
NHMA Offices, 25 Triangle Park Drive, Concord
Costs $60
(does not include publication)
If a Class VI road is washed out, can the town really do nothing?
Can public works cut trees on a scenic road?
Do there really need to be summer cottages on a "highway to summer cottages"?
Join NHMA Attorneys Stephen Buckley and Margaret Byrnes for the answers to these questions-and many more! The attorneys will discuss the "stranger" side of municipal road law, including bridges, municipal trails, sidewalk maintenance, scenic roads, highways to summer cottages, and winter roads. Ample time will also be spent on Class VI and private roads, including what municipalities-and residents-can and cannot do on these roads.
This workshop will benefit not only road agents and public works, but also governing bodies, land use boards, and administrators who want to better understand the different roles and responsibilities of various municipal officials in these situations.
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NHMA Right-to-Know Law Workshop: The Right-to-Know Law and Governmental Records
9:00 am - 12:30 pm
Tuesday, October 16, 2018
NHMA Offices, 25 Triangle Park Drive, Concord
Cost is $75 and includes breakfast and publication
Join NHMA's Legal Services Counsel Stephen Buckley and Staff Attorney Margaret Byrnes who will share strategies to assist municipalities in handling governmental records 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.
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Upcoming Webinars -
Training Without Leaving Your Office!
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NHMA Webinar: The ABCs of RPCs
12:00 noon - 1:00 pm
Wednesday, September 19, 2018
New Hampshire is comprised of nine Regional Planning Commissions (RPCs) and each represents a unique association of local governments that provide comprehensive planning services to meet the diverse needs of the geographic region they serve.
The traditional role of RPCs was to plan for the physical development of the areas they served. This involved planning issues such as land use, transportation, and natural resource protection. While this function has continued to be important, additional program responsibilities have been added, including technical assistance in such areas as economic development, grant and loan services, reviewing developments of regional impact and compiling housing needs assessments.
Join Nathan Miller, AICP, Deputy Executive Director with the Southern New Hampshire RPC, and Stephen C. Buckley, Esq., NHMA's Legal Services Counsel and Chair of the New Hampshire Association of RPCs (NHARPC), who will outline the strategic partnerships and current program of work of the RPCs on behalf of their member communities, and by extension, all cities and towns across New Hampshire.
This webinar is open to NHMA members and is of interest to all municipal officials and employees and members of the New Hampshire Association of Regional Planning Commissions.
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State & Local Legal Center: Supreme Court Preview Webinar
12:30 pm
Tuesday, September 25, 2018
So far the United States Supreme Court has agreed to hear about 40 cases next term, many involving state and local government. Topics range from employment to preemption, and in three cases the Court may overturn precedent.
Join Tom Fisher, Indiana Solicitor General, who will argue a forfeiture case, Matt Zinn, Shute, Mihaly & Weinberger LLP, who co-wrote the State and Local Legal Center's amicus brief in a takings case and Brianne Gorod, Constitutional Accountability Center, who filed an amicus brief in the forfeiture case and a double jeopardy case, in a discussion of the most interesting and relevant cases for state and local governments accepted so far this term.
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NHMA Webinar:
Elections: From Registration to Results
12:00 noon - 1:00 pm
Wednesday, October 3, 2018
The State General Election is Tuesday, November 6, 2018. Are you ready?
Join Dee-Ann Decker, Chairman, Supervisor of the Checklist in the Town of Nottingham, Henniker Town Moderator Cordell A. Johnston (also NHMA's Government Affairs Counsel) and Stephen C. Buckley, Esq., NHMA's Legal Services Counsel, who will explore and discuss important election law changes affecting all New Hampshire municipalities. The legislature made significant voter registration changes via SB 3 that must be implemented by local election officials. One of those changes, a bifurcated voter registration process, must be used by election officials with different forms and procedures for registration more than 30 days before an election as opposed to voter registration less than 30 days before an election or on election day. Recently enacted HB 1264 (effective on July 1, 2019) modifies the general statutory definitions of "resident or inhabitant" and "residence or residency" for voter eligibility and registration purposes.
Come learn from the experts about the new responsibilities election officials have to keep in mind when preparing for the next general election.
This webinar is open to NHMA members and is of interest to all municipal officials and employees, particularly those officials with election responsibilities.
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EPA Webinar: Success with Stormwater Fees
2:00 pm - 3:30 pm
Wednesday, September 12, 2018
The United States Environmental Protection Agency's (EPA's) Water Infrastructure and Resiliency Finance Center is hosting this webinar which will provide examples of how cities and towns have successfully supported their stormwater programs using stormwater fees.
Hear about successes, challenges, and lessons learned on implementing stormwater fees from the Philadelphia Water Department, PA; City of Santa Monica, CA; and City of Abilene, TX.
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NHFPI Releases Issue Brief:
"Measuring New Hampshire's Municipalities: Economic Disparities and Fiscal Capacities"
The New Hampshire Fiscal Policy Institute (NHFPI) recently released an Issue Brief titled "Measuring New Hampshire's Municipalities: Economic Disparities and Fiscal Capacities". This Issue Brief
uses data at the local level to show the disparities in economic conditions and fiscal capacities of municipalities within and between different regions of the state, and discusses the impacts these disparities may have on the ability of local governments to provide needed services in New Hampshire communities. The report examines differences in the number and age of populations across the state, the property valuations of different communities, median household incomes and concentrations of higher-income earners, and Medicaid and Food Stamp enrollment by municipality.
The NHFPI website also contains a series of interactive maps associated with the report. Visit the
NHFPI website
to access both the Issue Brief and the interactive maps.
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7:30 am - 12:00 pm
Friday, September 14, 2018
Eversource Energy, 780 N. Commercial St., Manchester
This EBC New Hampshire program will focus on recent improvements to the EPA Brownfields Program made possible by the 2018 Better Utilization of Investments Leading to Development Act (BUILD Act).
The program welcomes EPA Brownfields staff to discuss how the BUILD Act will improve the execution of EPA funded Brownfields projects. You will learn how EPA Brownfields funds are helping to facilitate redevelopment successes in New Hampshire. Representatives from the Upper Valley Lakes Sunapee Regional Planning Commission (UVLSRPC) and City of Claremont will discuss the positive impact of Brownfields funding on New Hampshire community Brownfield's programs. Finally, the moderated panel discussion will discuss how the BUILD Act can be further leveraged to create even more success and facilitate redevelopment projects. Adequate time will be provided for active audience Q & A.
Cost is $25.00 for government, municipal and non-profits.
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New Hampshire Housing Finance Authority Issues Homeowner Guide to Accessory Dwelling Units (ADUs)
Since the New Hampshire Accessory Dwelling Unit (ADU) statute (RSA 674:71 - 73) became law in 2017, many Granite State homeowners have seen how an ADU would be advantageous not only to them and their families, but also to their communities.
NHHFA wrote this useful guide for homeowners considering constructing an ADU, or renovating space in one's home into an ADU.
Last year NHHFA published a guide for municipal officials, to assist them in complying with the law and guiding their community's homeowners. You can download PDFs of that ADU guide and this one at www.NHHFA.org/ADU.
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NHDES Now Accepting Funding Applications for 2018 State Clean
"DERA Overview" Webinar, 1:00 pm, Friday, October 5, 2018
The New Hampshire Department of Environmental Services (NHDES) will have funds available in October 2018 through the Environmental Protection Agency's (EPA) Diesel Emissions Reduction Act (DERA) program to help diesel equipment owners in New Hampshire reduce emissions.
This year's program will have up to one million dollars for funding projects (including Volkswagen Funds). DERA provides partial funding for local/state governments and businesses to reduce emissions through idle reduction technologies; exhaust controls; or replacement of older on or off road diesel engines/vehicles/equipment with newer engines/vehicles/equipment. The first round of project proposal requests will be from October 1st through October 22nd. Round 2 applications (if funds are still available) will be accepted from October 23rd through November 16th and if needed a third round will be held from November 17th through December 14th. Additional information as well as a draft application is available on NHDES's
website
.
Q
uestions can be directed to Elizabeth Strachan at [email protected] or at (603) 271.8330.
A webinar about the program and the application process will be held on Friday, October 5th, at 1:00 pm.
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New Hampshire Coalition for Sustaining Agriculture Releases "Local Regulation of Agriculture" Toolkit
Developed with grant funds provided by Farm Credit East Northeast AgEnhancement, the New Hampshire Coalition for Sustaining Agriculture has developed this Toolkit for farmers and municipal decision makers to guide development of farm friendly regulatory environments in which agricultural enterprises can operate successfully, and the traditions of New Hampshire's working landscape of farms and forests can continue.
The Toolkit includes:
* a checklist for assessing the farm friendliness of local regulations and policies;
* a flowchart of state laws governing farming and agricultural activities;
* a glossary of terms, and discussion on the relationship between state and municipal laws;
* a resource list of agencies, organizations, and publications for farmers and municipalities to address conflicts and pro-actively develop farm-friendly regulatory environments.
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NHRS...Now You Know: The Importance of Having a Plan
In an effort to inform stakeholders and other interested parties, the New Hampshire Retirement System (NHRS) has developed "NHRS ... Now You Know," a series of issue briefs designed to provide plain talk about some of the major topics concerning the retirement system. The latest issue brief, "The importance of having a plan," is now available at: https://www.nhrs.org/now-you-know.
Here is an excerpt: "If you have heard anyone from NHRS give an update on the state of the retirement system in recent years, chances are you have heard the phrase, 'There is a plan in place.' The plan in question is the long-term effort to address the retirement system's unfunded actuarial accrued liability (UAAL) of approximately $5 billion. ... a lot of plans can look good in theory, but how can we be sure we are doing the right things and that NHRS' funding plan will be successful in reality? A simple look to the east reveals an encouraging picture."
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HIVE: Achieve More With Skilled Volunteers
There has never been a better time to engage volunteers. Boomers are retiring and looking for engagement in meaningful activity. GenXers are at the stage of life where they are settled in their communities and looking to increase involvement. Millennials were raised on volunteering and are seeking to align their giving activities with life goals. More and more companies are encouraging employees to volunteer.
The High-Impact Volunteer Engagement (HIVE) initiative, offered through the NH Center for Non-Profits, is an intensive one-year program that offers staff and volunteer leaders the opportunity to explore the latest trends and best practices in volunteer engagement and supports organizations to pilot one strategic innovation in volunteer engagement that will measurably build capacity. Over the course of the year, participating organizations will receive an introductory webinar, a full-day training in volunteer engagement, four individualized coaching calls and two group coaching calls, evaluation support, and a full-day project reunion.
Applications for the upcoming November program are now open and will be accepted until 5:00 pm on Wednesday, September 17.
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Financial Management for Small Water Systems Workshop:
Planning for the Next 5 Years and Beyond
9:00 am - 4:30 pm
Wednesday, October 3, 2018
NHDES Offices, 29 Hazen Drive, Concord
Hosted by the Environmental Finance Center Network (EFCN), this free workshop will provide you with the tools to improve the fiscal health of your utility without compromising service or deferring maintenance. You will learn how to:
1. Design appropriate rate structures 2. Track and benchmark financial performance 3. Plan for future capital costs 4. Identify external funding sources (loans and grants) This complimentary workshop is designed specifically for water systems serving 10,000 or fewer people (though systems of any size may attend), especially targeting local government systems facing financial challenges. Local government drinking water system managers, clerks, treasurers, elected officials, and others who budget and/or set rates are encouraged to attend. Owners of privately owned systems, consultants and technical assistance providers serving water systems are also invited to attend.
Trainer is Glenn Barnes, Associate Director, with the Environmental Finance Center at The University of North Carolina.
Contact is
Allison Perch at
[email protected].
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The mission of the New Hampshire Local Energy Solutions (LES) Work Group is to provide collaborative guidance and technical support to Local Energy Committees & Commissions, municipalities, schools, and other political subdivisions seeking to reduce energy use, minimize energy costs, and/or reduce fossil-fuel consumption.
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GFOA Offers "Better Budgeting" Webinar Series
The
Government Finance Officers Association (GFOA) is offering a series of three webinars focused on "Better Budgeting." Each webinar is a separate topic and stand-alone training session. Click on the webinar title below for program description and registration information. Or
click here
to register for the entire 3-part series.
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State Revolving Loan Fund (SRF) Workshop
The New Hampshire Drinking Water State Revolving Loan Fund (DWSRF) will be hosting a joint SRF workshop with the Clean Water State Revolving Fund (CWSRF) on October 16, 2018 at the New Hampshire Department of Environmental Services (NHDES), 29 Hazen Drive, Concord, NH.
The event will offer a series of topics including updates regarding SRF and the NH Drinking Water and Groundwater Trust Fund as well as individual breakout sessions for drinking water, wastewater and stormwater systems. The intended audience includes current and future Loan Recipients, Community/Financial Decision Makers, Consultants/Engineers, Operators and others interested in the SRF Loan Programs.
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FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment
After more than a year of deliberation, the Federal Communications Commission (FCC) has released its draft
Declaratory Ruling and Third Report and Order
, focusing on state and local management of small cell wireless infrastructure deployment. The document, if approved by a majority of commissioners at the FCC's September 26 open meeting, would enact substantial new limits on local wireless siting review.
The proposal would result in huge revenue losses for local governments from small cell lease agreements, new unfunded mandates and a loss of local control over issues like undergrounding, negotiations for public benefits and the ability to fully control the appearance of municipal streets.
The proposal offers many of the benefits of utility status to wireless providers, without any resulting requirement to build out and provide service to all residents in a timely fashion. By removing the leverage that cities and towns have in negotiations with wireless providers, this proposal threatens to widen the digital divide, allowing providers to cherry-pick the most marketable areas for infrastructure, while leaving rural and less-profitable places behind.
If approved during the open meeting, the new regulations would go into effect 30 days after publication in the Federal Register. Local governments could then face enforcement action if wireless providers or other small cell applicants challenge them in court based on noncompliance with the above requirements.
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September 12th TRIVIA QUESTION:
Name the New Hampshire town or city which attempted to join Vermont in 1781. It houses Shaws Corner and is known for being an excellent geological area with quantities of quartz, gold, silver, copper and lead. Amos Pollard, who was the chief surgeon of the Alamo garrison who died during the battle on March 6, 1836, grew up here.
Please send your response to
[email protected]
. 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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August 29th TRIVIA QUESTION:
Name the New Hampshire town or city which houses Crystal Lake and the Little White Church? Incorporated in 1766, it's eastern border is the State of Maine.
Correct Response: Town of Eaton
August 29th Winner: Karen Hatch, Town Administrator, Town of Freedom
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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
The Employment Law Hotline is an NHMA Member Benefit
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SAVE THESE DATES
Other Important Upcoming Workshops and Events!
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ATTENDEE REGISTRATION TO OPEN SOON!
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Thank You to Our Annual Conference Sponsors!
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Please Forward
NewsLink to Your Fellow Workers!
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New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, NH 03301
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