A 10-day public comment period for Amendment #4 to the 2019 TIP begins Saturday, May 2, 2020 and concludes on Tuesday, May 12, 2020. Due to the State of Emergency declared by Governor Sununu as a result of the COVID-19 pandemic and in accordance with Emergency Order #12 pursuant to Executive Order 2020-08, following the public comment period, a virtual public hearing to review comments and solicit any final feedback regarding Amendment #4 to the TIP and Plan has been scheduled for 7:00 PM on Wednesday May 13, 2020. The Planning Commission will meet after the public hearing to consider and adopt the revisions. The Chair of the RPC has found that, due to the State of Emergency declared by the Governor, RPC is authorized to meet electronically. Please note that, pursuant to the Governor’s Emergency Order, there is no physical location to participate in this meeting. RPC is engaging commissioners via a Zoom virtual meeting while the general public can participate via the RPC public engagement portal. Further information is available in the public engagement portal and on the TIP Amendments page of the RPC website.
[Public Notices][Transportation]
The RPC office may be closed to the public but the staff is hard at work planning! Here are just a few projects we are working on around the region. Topics include: Bike Pedestrian Planning, Traffic Reduction, Water Protection, Fremont Residents Love Their Town, Seacoast Corridor Vulnerability, GIS Team Update, 2019 State Clean Diesel Program (DERA), Governor's Executive Orders, Help for Small Businesses, Local Farms: A Great Resource, and RPC Contacts.
Click HERE to read April's newsletter
From the New Hampshire Municipal Association: "Due to concerns about Covid-19, many municipalities have asked how their public bodies may continue to conduct board business while also complying with Governor Sununu’s Emergency Order #16 prohibiting gatherings of 10 or more people, and CDC guidance on social distancing and minimization of in-person interactions. “Social distancing” means “remaining out of crowded public places where close contact with others may occur, such as shopping centers, movie theaters, stadiums, avoiding mass gatherings, and maintaining distance (approximately 6 feet or 2 meters) from others when possible.” In many municipalities, it will be difficult to ensure that any board meeting does not result in a gathering of 10 or more people and even more difficult to find appropriate space which allows for maintaining social distance and avoiding close contact with members of the public during public meetings. Nevertheless, municipal boards must meet to ensure that local government keeps functioning." To read more, CLICK HERE (PDF).
You can also visit the NH Municipal Association's website for more information: https://www.nhmunicipal.org/covid-19-resources
Memorandum from Governor Sununu and Attorney General MacDonald (PDF)
Click the above link to read a memorandum from the Governor and Attorney General in regards to Compliance with New Hampshire's Right to Know Law (RSA 91-A) in light of COVID-19 Concerns and issuance of Executive Order 2020-04.
Updated March 15, 2020. This situation is evolving rapidly; please check NHMA website for updates: www.nhmunicipal.org/covid-19-resources
Due to concerns about Covid-19, many municipalities have asked how their public bodies may continue to conduct board business while also complying with CDC guidance on social distancing and minimization of in-person interactions. “Social distancing” means “remaining out of crowded public places where close contact with others may occur, such as shopping centers, movie theaters, stadiums, avoiding mass gatherings, and maintaining distance (approximately 6 feet or 2 meters) from others when possible.” In many municipalities, it will be difficult to find appropriate space which allows for maintaining social distance and avoiding close contact with members of the public during public meetings. Nevertheless, municipal boards must meet to ensure that local government keeps functioning.
Public Attendance at Meetings
Under RSA 91-A:2, when a quorum of a public body meets in person, or communicates contemporaneously with each other, for the purpose of discussing or acting upon matters over which the public body has supervision, control, jurisdiction, or advisory power, the statute requires that those “meetings” shall be “open to the public.”
“Open to the public” is defined in that statute as follows: “[e]ach part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at the location specified in the meeting notice as the location of the meeting.” RSA 91-A:2, III(c). Therefore, the statute contemplates that the location of the meeting will be a physical location, and the public is permitted to be in attendance at that meeting.
In line with CDC guidance, NHMA recommends that municipalities take reasonable steps to notify the public of the risk of Covid-19, including posting notices asking people who exhibit symptoms of the disease not to attend meetings, and provide alternate means of attendance – whether through live webcast or telephonic conference call or other means.
Board Attendance at Meetings
Municipalities have also expressed concern regarding board attendance at meetings. RSA 91-A:2, III(b) requires that “a quorum of the public body shall be physically present at the location specified in the meeting notice as the location of the meeting” except in an emergency. That statute defines an “emergency” as a situation in which “immediate action is imperative and the physical presence of a quorum is not reasonably practical within the period of time requiring action.” RSA 91-A:2, III(b).
One example of an “emergency” is a serious weather event which causes major infrastructure damage and the town must begin taking action to close roads/bridges in order to prevent harm to people or property. In light of the nature of Covid-19 and the guidance on social distancing from the CDC, it may be the case that “imperative action” includes deadlines for land use boards and it may be the case that “the physical presence of a quorum is not reasonably practical within the period of time requiring action” due to the risk of infection. It is impossible to issue blanket advice on this matter due to the rapidly evolving situation, so we would encourage boards and officials to work with applicants, abutters, and interested parties in all situations to try to secure agreements – preferably written – regarding timeline extensions and other matters which may be deferred until a time when risk of infection has passed.
If a board does decide that Covid-19 merits qualification as an “emergency,” the determination must be made by the chair of the board. RSA 91-A:2, III(b). Note that “the facts upon which that determination is based shall be included in the minutes of the meeting.” RSA 91-A:2, III(b).
If it is the case that one or more members (but less than a quorum) of a board cannot be physically present for a meeting, “a public body may, but is not required to, allow one or more members of the body to participate in a meeting by electronic or other means of communication for the benefit of the public and the governing body…only when such attendance is not reasonably practical.” RSA 91-A:2, III. “Any reason that such attendance is not reasonably practical shall be stated in the minutes of the meeting.” RSA 91-A:2, III(a). Note, of course, that a body which allows members to participate electronically must still abide by the requirement that a quorum of the body be physically present except in an emergency, as outlined above.
Further Advice
NHMA encourages public boards and bodies to keep abreast of the news about Covid-19 through the CDC and DHHS websites (information available on the NHMA Resources Covid-19 Page), and work with their citizens and within their government to implement practices which will mitigate the effect of the disease. It is a good idea to designate someone on the board to keep track as agreements are secured to delay hearings on applications or delays implemented in accordance with CDC and DHHS guidance. That way, when things get back to normal, there is a clear record of what follow-up a board needs to do.
NHMA is also encouraging municipalities to consider alternative means of public participation, including virtual options. If it is possible to allow the public to appear at hearings telephonically or via an internet-based option where they can hear those who are presenting or speaking and, as necessary, be heard, that is an option which may both serve the interest of allowing public attendance and participation while also adhering to CDC and DHHS guidance to practice social distancing. If that is not possible, public bodies should consider allowing and encouraging the public to submit written comments in advance of public meetings and hearings that are read aloud at the meeting or hearing. This will allow those who would like to participate but do not wish to attend a public gathering to still be heard. But always keep in mind that under the current state of the law, the public cannot be required to use these alternatives for participating and must be allowed to attend a public meeting or hearing in person.
When meetings and hearings are held, municipal officials should strive to follow CDC guidelines for public gatherings, including:
Stephen C. Buckley
Legal Services Counsel
25 Triangle Park Drive
Concord, NH 03301
Tel: (603) 224-7447
Email: sbuckley@nhmunicipal.org
Rockingham Planning Commission (RPC) is seeking two interns to assist with transportation and water resource planning projects in communities within the RPC region in southeastern New Hampshire. The interns’ primary roles will be assisting staff with fieldwork inventories and data analysis for RPC’s Road Surface Management System (RSMS) and Regional Stream Crossing Assessment (RSCA) projects.
RPC’s RSMS project provides state agencies and municipalities within the region information on the road system’s condition and estimates for future maintenance costs. The main objective of this project is to identify distressed pavement manifestations such as cracking or rutting so that municipalities can look to prioritize maintenance to maximize their return on investment and road quality.
RPC’s RSCA project provides state agencies and municipalities within the region information to identify critical and hazardous crossings. The main objective of this project is to identify those stream crossings that may fail, particularly during storm events. Failures can cause infrastructure and property damage, cut off critical transportation routes, negatively affect waterways, and harm aquatic life. Knowing the condition of stream crossings can help guide municipalities and state agencies to prioritize those crossings most in need of retrofit or replacement. Results from this assessment will be incorporated into municipal and regional hazard mitigation plans, vulnerability assessments, and site-specific restoration and mitigation projects.
Other duties will include assisting with GIS projects and other regional planning projects as needed. To the extent possible, assigned projects will be related to an intern’s areas of interest.
Desired experience and skills:
Compensation:
The compensation rate for these positions is up to $15.00 per hour for up to 24 hours per week. Ideal candidates would be available to start in mid-May and work through at least late August. For questions or to apply, please submit a cover letter, resume, and two references by April 17, 2020 to:
Christian Matthews
Rockingham Planning Commission
156 Water Street
Exeter, NH 03833
603-658-0523
cmatthews@therpc.org
Note: E-mailed applications preferred. This position will remain open until filled or the recruitment is cancelled. RPC is an equal opportunity employer.
In consultation with the Chair of the RPC, we have decided to postpone the March meeting due to concerns over the Coronavirus. With so much still unknown about the extent of the virus we felt it was best to postpone. There are no actionable items on the agenda. We will reschedule the agenda topics to a future meeting date. In the meantime if you have questions about any of the topics or presentations, please pass them along and I will share them with our guests.
Thank you for your patience and understanding.
Tim Roache, Executive Director
RPC is seeking municipalities interested in participating in this summer’s RSMS Program. This program will help fund RSMS implementation. RPC is pleased to offer this service beginning May, 2020 through November, 2020. The RSMS Program will require a 50% cash match from the municipality. These funds are estimated to cover the complete implementation for most of the communities in the RPC region. Letters of interest should be submitted by Friday, March 20, 2020. For more information CLICK HERE.
A 15-day public comment period for Amendment 3 to the 2019 TIP begins Tuesday, January 28, 2020 and concludes on Tuesday, February 11, 2020. A public hearing to consider the changes and any received comments is scheduled for Wednesday February 12, 2020, beginning at 7:00 PM at the Kingston Community Library (56 Church Street, Kingston). The Planning Commission will met after the public hearing and adopted the changes to the TIP. Amendment #3 considers changes to four regional projects and thirteen statewide projects and programs. Full details are found on the TIP Amendments page of the website that is linked below.2019 TIP Amendment #3 Details
[Public Notices][Transportation]
Rockingham Planning Commission is seeking qualification submissions for Travel Demand Model Technical Consulting Assistance. This RFQ is issued for the purpose of securing the services of a qualified vendor to provide travel demand model technical consulting assistance in support of the agency’s transportation planning program. Click here to review the full RFQ: Download RFQ
Submissions must be received by 4:30 PM on Friday, January 31, 2020
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