GOVERNOR AND
EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive
Council convened at
The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Pignatelli,
accepted the minutes of
The Governor placed in nomination the several persons who applied for Civil Commissions.
RESIGNATIONS
The Governor and
Council, with regret, accepted the following:
Department
of Administrative Services: Accounting Services Director
Sheri
L. Rockburn,
State
Board of Education
Debra
L. Hamel, Keene Effective:
Human
Rights Commission
Deborah
R. Reynolds,
Associate
Justice of the Superior Court
Bruce
E. Mohl,
Associate
Justice of the Superior Court
Robert
E. K. Morrill,
NOMINATIONS
The Governor placed into
nomination the following:
Agricultural
Advisory Board
(Petroleum
Industry)
Thomas
Prescott, Bow Effective: Upon
confirmation
Succeeding: Brian Boudreau,
Automotive
Technology Advisory Council
(NH
Auto Dealers Association)
Peggy
A. Proko-Weisman, Hollis Effective: Upon
confirmation
Reappointment Term:
Aviation
Users Advisory Board
(Airport
Manager)
Kevin
A. Dillon, Brentwood Effective: Upon
confirmation
Reappointment Term:
Commissioner: Banking Department
Peter
C. Hildreth, Concord Effective: Upon
confirmation
Reappointment Term:
Salary: II - Maximum: $94,584
Community
Development Finance Authority
(Community
Development Organization)
Klaas
Nijhuis, Nashua Effective: Upon
confirmation
Reappointment Term:
State
Conservation Committee
(Hillsborough/Merrimack)
George
A. Travers, Hollis Effective: Upon
confirmation
Succeeding: Peter Blakeman, North Sutton (resigned) Term:
Current
Use Advisory Board
(Public
Member/Agriculture)
Rebecca
Nelson, Newport Effective: Upon
confirmation
Succeeding: Sheila Stone, Cornish Term:
Current
Use Advisory Board
(Public
Member)
Thomas
N. Thomson, Orford Effective:
Upon confirmation
Reappointment Term:
Board
of Dental Examiners
(Public
Member)
Vivian
J. Desmarais, Manchester Effective: Upon
confirmation
Succeeding: Karen Clough,
Board
of Education
(At
large)
Frederick
J. Bramante, Jr.,
Reappointment Term:
Assistant
Commissioner: Department of Environmental Services
Nominated
by the Commissioner of the Department of Environmental Services
Michael
J. Walls, Concord Effective: Upon
confirmation
Reappointment Term:
Salary: II - Maximum: $94,584
Fish
& Game Commission
(
Robert
Rowan , (r), Center Sandwich Effective: Upon
confirmation
Succeeding: Nelson M. Russell,
Joint
Promotional Program Screening Committee
(Regional
Associations)
Nominated
by the
Jayne
S. O’Connor, Franconia Effective: Upon
confirmation
Succeeding: Richard Hamilton,
Juvenile
Parole Board
(Alternate
Member)
Edward
B. Boyle, Manchester Effective: Upon
confirmation
Vacancy Term: 5 yrs from confirmation
Juvenile
Parole Board
Frank
E. Jones, Bow Effective: Upon
confirmation
Reappointment Term:
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Robert
Feder, MD, Hollis Effective: Upon
confirmation
Reappointment Term:
Medical
Review Subcommittee
(Public
Member)
Nominated
by the Board of Medicine
Patricia
Waldvogel, Loudon Effective: Upon
confirmation
Reappointment Term:
Board
of Medicine
Robert
J. Andelman, MD, Portsmouth Effective: Upon
confirmation
Succeeding: James H. Clifford, MD, Lee Term:
(State
Representative)
Martha
McLeod, Franconia Effective: Upon confirmation
Vacancy Term: 5 yrs from confirmation
Northeast
Interstate Dairy Compact Commission
(Consumer
Interests)
Douglas
E. Morris, Durham Effective:
Upon confirmation
Reappointment Term:
Pesticides
Control Board
(Physician)
Joseph
R. Snow, Concord Effective: Upon
confirmation
Succeeding: James Young, Hillsborough Term:
State
Board for the Licensing and Regulation of Plumbers
(Public
Member)
Daniel
Duckett, Manchester Effective: Upon confirmation
Succeeding: Robert Hill, Bow (resigned) Term:
Public
Employee Labor Relations Board
(Management)
Carol
M. Granfield, Meredith Effective: Upon
confirmation
Succeeding:
Recreation
Therapy Governing Board
(Public
Member)
Linda
M. Rodger, Whitefield Effective: Upon
confirmation
Vacancy Term: 2 yrs from confirmation
Volunteer
NH Board of Directors
Thomas
J. Roberts, Exeter Effective: Upon confirmation
Vacancy Term: 3 yrs from confirmation
State
Commission on the Status of Women
A.
Ronnie Sandler, Easton Effective: Upon
confirmation
Succeeding: Patricia R. Yosha,
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Wieczorek,
seconded by Councilor Burton and further on a roll call vote as follows:
Councilor Burton – yes, Councilor Shea – yes,
Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli
– yes, authorized to hold a Public Hearing with respect to the
contract (“Capital Access Program:
Lender Participation Agreement”) with Pentucket
Bank. Action will Authorized Resolutions
under RSA 162-A:18 to determine the contract will
serve a public use, provide public benefit, the proposed participating bank is
qualified to participate, appropriate measures have been taken to ensure CAP
loans will be made under the requirements of the Act, the contract complies
with RSA 162-A:12, and reasonable precautions have been made to minimize loss,
all within the policy and authority of the Act.
EXTRACT FROM
THE MINUTES OF THE MEETING OF THE
GOVERNOR AND
COUNCIL HELD ON
COUNCIL
CHAMBER,
* * * * * *
At approximately
* * * * * *
A RESOLUTION
UNDER RSA 162-A:18 APPROVING THE EXECUTION
OF THE
STANDARD CONTRACT ENTITLED "CAPITAL ACCESS PROGRAM: LENDER PARTICIPATION AGREEMENT" OF THE
BUSINESS FINANCE AUTHORITY OF THE STATE OF
WHEREAS,
the Governor and Council (the "Governor and Council") of the State of
New Hampshire (the "State") have previously, upon recommendation of
the Business Finance Authority of the State of New Hampshire (the
"Authority"), approved the Authority's standard contract entitled
"CAPITAL ACCESS PROGRAM: LENDER
PARTICIPATION AGREEMENT" (the "Standard Contract") by resolution
dated September 2, 1992 (the "Approving Resolution"); and
WHEREAS, at the time of such approval of
the Standard Contract, the Governor and Council made, upon recommendation of
the Authority, certain findings and determinations pursuant to RSA 162-A:18
with respect to the approval of the Standard Contract, which findings and determinations
are stated in the Approving Resolution;
WHEREAS, in the Approving Resolution, the Governor and
Council authorized the Authority to take necessary and appropriate steps to
cause the execution of the Standard Contract with qualifying State banking
institutions; and
WHEREAS, acting pursuant to the direction
of the Authority, the Executive Director of the Authority has received interest
from Pentucket Bank (the "Specific Bank")
to execute the Standard Contract and participate in the Authority's Capital
Access Program through such execution; and
WHEREAS, the Executive Director of the
Authority has examined such information as he has deemed necessary and
appropriate and has determined that the Specific Bank is a duly organized bank
or trust company authorized to make loans and accept deposits in the State of
New Hampshire and accordingly is qualified to execute the Standard Contract and
participate in the Capital Access Program;
WHEREAS, the Governor and Council have
received all the documentation and information with respect to the proposed
execution of the Standard Contract which they have requested;
NOW, THEREFORE, IT IS HEREBY RESOLVED
THAT:
Findings and
Determinations. On the basis
of the documentation and information
received by the Governor and Council, and assuming (1) the execution of the
Standard Contract as approved by the Governor and Council on September 2, 1992,
by the Authority and an authorized officer of the Specific Bank, and (2) review
and acceptance of the executed Standard Contract by an appropriate official of
the Office of Attorney General upon receipt of a certificate of registration of
the Specific Bank and a resolution of the board of directors of the Specific
Bank authorizing execution of the Standard Contract, the Governor and Council
hereby find:
(a) The
proposed execution of the Standard Contract and the actions of the Authority
and parties executing such Standard Contract taken pursuant to the terms of
such Contract will serve a public use and provide a public benefit.
(b)
The proposed execution of the Standard
Contract and the actions of the Authority and parties executing such Standard
Contract taken pursuant to the terms of such Contract is within the policy of,
and the authority conferred by RSA Chapter 162-A.
(c) The
proposed execution of the Standard Contract and the actions of the Authority
and parties executing such Standard Contract taken pursuant to the terms of
such Contract will preserve or increase the social welfare or economic
prosperity of the state and one or more of its political subdivisions, and will
promote the general welfare of the state's citizens.
(d) The
proposed execution of the Standard Contract and the actions of the Authority
and parties executing such Standard Contract taken pursuant to the terms of
such Contract will promote the orderly development of business activities,
create or preserve employment opportunities, or protect the physical
environment.
(e) Appropriate
measures have been taken to ensure that a the Specific Bank participating under
the terms of such Standard Contract makes only loans which meet the requirements
of RSA 162-A:12, IV.
(f) The Standard Contract complies with RSA 162-A:12, III.
(g) Reasonable
precautions have been taken to minimize the risk of loss to any reserve fund
which is established under the terms of the proposed Standard Contract.
(h) The
Specific Bank is qualified to execute the Standard Contract and to participate
under the terms of such Standard Contract and the applicable provisions of RSA
Chapter 162-A.
Approval.
Subject to (1) the execution of the Standard Contract as approved by the
Governor and Council on September 2, 1992, by the Authority and an authorized
officer of the Specific Bank, and (2) review and acceptance of the executed
Standard Contract by an appropriate official of the Office of Attorney General
upon receipt of a certificate of registration of the Specific Bank and a
resolution of the board of directors of the Specific Bank authorizing execution
of the Standard Contract, the Governor and Council approve the proposed
execution of the Standard Contract by the Authority and authorize the Authority
to take such further action with respect to such proposed execution as is
necessary and appropriate to carry out the proposed transaction.
Effective Date. This
resolution shall take effect upon its passage.
Passed
and Agreed to
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as
follows:
#2 Authorized to award a grant to the
#3 Authorized to enter into an agreement with the City of
Berlin, NH, for the purpose of rehabilitating at least 25 housing units in
downtown
#4 Authorized to enter into an agreement with the Town of
#5 Authorized to enter into an agreement with the Town of
#6 Authorized to enter into an agreement with the
#7 Authorized to enter into an agreement with the Town of
Bristol, NH, for the purpose of upgrading the municipal wastewater system in
order to alleviate a threat to public health and safety in the amount of
$250,000. Effective
upon G&C approval through
GOVERNOR’S COMMISSION ON DISABILITY
The Governor and Council acted as
follows:
#8 Authorized to accept and expend $15,163.99 in federal
funds for the Client Assistance Program.
Effective upon G&C approval through
#9 Authorized to budget and expend $5,500 in fiscal year
2006 carry forward funds for the purpose of providing for current expenses and
mileage reimbursement for the Commissioner’s Public Awareness Program. Effective upon G&C
approval through
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as
follows:
#10 Authorized to enter into a sole source retroactive contract with Software House International
Inc.,
#11 Authorized to amend a sole source contract with SSA Global Technologies, Inc., Chicago, IL (previously approved by G&C on 6-7-06), for maintenance and support of the Liquor Commissions financial operations software by extending the end date only from June 30, 2008 to June 30, 2009.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as
follows:
#12 Authorized John J. Coughlin, Mont Vernon, NH, be nominated
for promotion to the rank of
#13 Authorized Craig E. Bennett,
#14 Authorized Richard D. Lynch,
#15 Authorized Jennifer E. Haggard, Hanscom AFB, MA, be confirmed for appointment to the rank of Major, NH Air National Guard.
#16 Authorized Matthew B. Holloway,
#16A Authorized Chrisopher W. Hurley,
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as
follows:
#17 Authorized Bureau of Public Works Design and Construction
to amend a contract with Oak Point Associates, Portsmouth, NH, (previously
approved by G&C on 9-3-03, item #166), for consultant services to oversee
the design and construction of the Readiness Center Addition/Renovation and
Civil Support Team Ready Building, NH State Military Reservation, Concord, NH,
by increasing the amount by $215,259.38 from $733,466 to $948,725.38. Effective upon G&C
approval through
#18 Authorized Bureau of Court Facilities to enter into a
six-month hold over amendment with the City of Laconia, NH, for 8,600 square
feet of the Laconia District Court Building, Laconia, NH, for an amount not to
exceed $13,908.98. Effective
retroactive to
#19 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Seppala Construction
Company Inc., Rindge, NH, for design/build of the Wellness Center and
Renovations, NH Community Technical College – Nashua, NH, for a total price not
to exceed $7,385,000. Effective
upon G&C approval through
#20 Authorized to purchase the Laconia District Court building
and land appurtenant to the building located in
#21 Authorized to amend a contract with Raymond’s Landscaping
LLC, Boscawen, NH, (previously approved by G&C on 11-16-05, item #12), for
snow and ice removal at the Records & Archives building in Concord, NH, by
increasing the amount by $2,400 from $177,000 to $179,400. Effective upon G&C
approval through
#22 Authorized to enter into an emergency sole source retroactive contract and pay Helmsman Management
Services LLC,
#23 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Skyline Roofing Inc., Manchester, NH, for Fish
and Game Headquarters Roof, Concord, NH, for a total price not to exceed
$133,000. Effective
upon G&C approval through
#24 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Royal Electric Co., Inc., Woodsville, NH, for the
Dolloff Building Electrical/Fire Alarm Replacement,
Concord, NH, for a total price not to exceed $309,735. Effective upon G&C
approval through
#25 Authorized Bureau of Public Works Design and Construction
to enter into an agreement with McFarland – Johnson Inc., Binghamton, NY, for
Professional Services for the Design of the NH State Office Park South, Phase I
Roadway Design and Parking Improvements, Concord, NH, for a total amount not to
exceed $249,900. Effective
upon G&C approval through
#26 Authorized Bureau of Public Works Design and Construction
to enter into an agreement with John F. Penney Consulting Services, P.C.,
Chester, VT, for professional Mechanical services required for planning, design
and construction of various Public Work’s Projects as necessary and required by
the Department in an amount not to exceed $300,000. Effective upon G&C
approval through
NH BOARD OF ACCOUNTANCY
The Governor and Council acted as
follows:
#27 Authorized to amend an existing sole source agreement with Richard Nusbaum,
Esquire,
#28 Authorized to pay Mary Whittier, part-time Clerk III for
the Board, retro-active pay in the amount of $1,459.65 for the period of
TREASURY DEPARTMENT
#29 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $70,153.94 to the rightful owners of abandoned or unclaimed funds. 100% General Funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as
follows:
#30 Authorized to award a Conservation License Plate grant to
the Town of
#31 Authorized to award a Conservation License Plate grant to
the Town of
#32 Authorized NH State Library to make a one time payment to
Northeast Document Conservation Center, Andover, MA, for the microfilming of
the Colebrook News & Sentinel and microfilm storage in the amount of
$7,943.79. Effective
upon G&C approval through
#33 Authorized Division of the Arts to
award a Mini-Grant in the amount of $800 to Arts in Reach: Encouraging Growth
through the Arts,
#34 Authorized Division of the Arts to purchase artwork in the amount of $7,000 from Gary Haven Smith, Northwood. Effective upon G&C approval. 100% General Funds.
#35 Authorized to award a Conservation License Plate grant in
the amount of $6,600 to the Town of
#36 Authorized Division of the Arts to award an American
Masterpieces grant in the amount of $3,575 to Pontine Movement Theater,
#37 Authorized Division of the Arts to award a Organizational
Support Project Planning Grant in the amount of $5,650 to Opera North,
Lebanon. Effective
upon G&C approval through
#38 Authorized to award a Conservation Number Plate Grant in
the amount of $7,815 to the Rochester Heritage Trust,
#39 Authorized Division of the Arts to award Saint Kiernan
Community Center for the Arts,
#40 Authorized Division of the Arts to award a Cultural
Facility Grant to New England College, Henniker, in the amount of $8,000. Effective upon G&C
approval through
DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
#41 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Shea authorized the request to
enter into an agreement with George Deenihan, West
Springfield, MA, to provide year-round custodial and general maintenance work
at the Eastern States Exposition NH Building, West Springfield, MA in the
amount of $5,800. Effective
upon G&C approval through
ATTORNEY GENERAL
The Governor and Council acted as
follows:
#42 Authorized to enter into a sole source retroactive license agreement with Capital Region
Health Care Development Corporation (
#43 Authorized to provide J. Christopher Marshall, Attorney III, with a salary increase to $81,000.
#44 Authorized to designate Naomi N. Butterfield as an attorney at a salary of $70,000. Effective upon G&C approval.
#45 Authorized to appoint Richard W. Head as an Associate
Attorney General at a salary level of $88,000, for a term ending
EMPLOYMENT SECURITY
#46 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Wieczorek authorized the
request to enter into a contract with R.E. McLean Trucking & Excavation,
Laconia, NH, for snow plowing and removal services at NHES’s
Laconia local office in the amount of $13,230.
Effective upon G&C approval through
DEPARTMENT OF CORRECTIONS
#47 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to reclassify position #41511, Corrections Sergeant, labor grade 18, to a Corrections Counselor/Case Manager, labor grade 20.
PUBLIC UTILITIES COMMISSION
#48 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Hollingworth authorized the
request of a retroactive salary
increment of $4,988 be Authorized for Commissioner Clifton C. Below. Effective
PARI-MUTUEL COMMISSION
#49 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to continue membership and participation in the Association of Racing Commissioners for the period retroactive to January 1, 2007 through December 31, 2007, in the amount of $13,000. 85% General, 15% Other Funds.
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
The Governor and Council acted as
follows:
#50 Authorized to assign vehicle D4 on a 24 hour, seven day a week basis to the Director of the Divison of Economic Development.
#51 Authorized Division of Parks and Recreation to accept a
donation of material and labor from the
NH FISH AND GAME DEPARTMENT
The Governor and Council acted as
follows:
#52 Authorized to enter into a no cost contract with the New
England School of Archery Inc.,
#53 Authorized to hold the 18th Annual Discover Wild
NH Day at its headquarters in
#54 Authorized to budget and expend $30,000 from the
Publication, Specialty Items and Fundraising Revolving Fund for the purpose of
entering into a contract with Petrocelli Sports Inc.,
d/b/a Petrocelli Marketing Group for producing,
marketing and selling NHFG merchandise. Effective upon G&C approval through
#55 Authorized to accept a transfer with an estimated value of
$18,170 from the
#56 Authorized to pay for the retroactive invoices/statement dated
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as
follows:
#57 Authorized to retroactively amend a contract with Veolia
Water North America Operating Services, LLC,
#58 Authorized to reclassify position #14654, Supervisor VI, Labor Grade 27 to a Business Systems Analyst I, labor grade 28. 100% General Funds.
#59 Authorized to reclassify position #11381, Carpenter II, labor grade 14, to that of Construction Technician, labor grade 15 with the Dam Maintenance Bureau. 100% Maintenance of Dams Funds.
#60 Authorized to retroactively amend a sole source contract with Veolia Water North America Operating Services LLC, Houston, TX, for the operation and maintenance of the groundwater treatment facility at the OK Tool/Salvage Well Superfund Site in Milford, by extending the completion date from December 31, 2006 to December 31, 2007, and by increasing the price limitation amount by $447,638.07 from $3,184,094.28 to $3,631,732.35. 90% Federal, 10% State Funds.
#61 Authorized a loan agreement with the City of Portsmouth, NH in the amount of $1,000,000 to finance a 201 Wastewater Facilities Plan Update. Effective upon G&C approval.
#62 Authorized to accept an access easement from
#63 Authorized with Councilor Pignatelli
voting no, to retroactively extend a lease agreement with McCarthy Properties,
#64 Authorized to award Businesses
United for Water Security Installation grants to the entities, as detailed in
letter dated
#65 Authorized to award Businesses United for Water Security
Installation grants to the Merrimack Village District,
#66 Authorized to enter into an agreement with W.F. Richards
& Son Inc.,
#67 Authorized to amend a contract with Normandeau
Associates Inc.,
#68 Authorized to approve a Supplemental Loan Agreement with
the Town of
#69 Authorized Skiffington Homes’ request to repair an existing breakwater with a gap at the shoreline and replace two piles supporting an existing pier connected to a piling pier by a walkway in a “U” configuration