GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
January 16, 2008, 10:00 a.m.
The Governor and Executive
Council convened at
*
The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, accepted the minutes of December 11, 2007.
*
The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Pignatelli approved the appointment of several persons nominated for Civil Commissions from the December 11, 2007 meeting.
*
The Governor placed in nomination the several persons who applied for Civil Commissions.
RESIGNATIONS
The Governor and
Council accepted the following resignation
Agricultural
Lands Preservation Committee
Jay
D. Waldner, Jr., Canaan Effective: January 16,
2008
New
Hampshire Health and Education Facilities Authority
Major
W. Wheelock, (Harrisville) Bonita Springs Effective: January 16,
2008
New
Hampshire Retirement System Board
Charlton
MacVeagh, Jr., Marlborough Effective: January 31,
2008
Associate
Justice of the Superior Court
Jean
K. Burling, Cornish Effective: January 1,
2008
CONFIRMATIONS
The Governor and Council confirmed the following:
State
Committee on Aging
(Belknap
County)
Russell
A. Armstrong, Gilford Effective: January 16,
2008
Vacancy Term: June 24, 2010
Community
College System Board of Trustees
(General
Public)
Ned
Densmore, Franconia Effective: January 16,
2008
Reappointment Term: June 30, 2011
Community
College System Board of Trustees
(Business
and Industry)
Lori
B. Hitchcock, Nottingham Effective: January 16,
2008
Succeeding: Thomas Wilhelmsen, Hollis (resigned) Term: February 17, 2009
Community
College System Board of Trustees
(General
Public)
Robert
L. Mallat, Jr., Keene Effective: January 16,
2008
Reappointment Term: June 30, 2011
Community
Development Finance Authority
(Community
Development Organization)
Richard
W. Ingram, North Hampton Effective: January 16, 2008
Succeeding: Janice Hill, Concord Term: July 1, 2012
Current
Use Advisory Board
(Representing
assessing official from a town with less than 5,000 population)
Normand
G. Bernaiche, Acworth Effective: January 16,
2008
Reappointment Term: December 23, 2009
Current
Use Advisory Board
(Representing
assessing official from a town with more than 5,000 population)
Normand
R. Pelletier, Hudson Effective: January 16,
2008
Reappointment Term: December 23, 2009
Board
of Licensed Dietitians
Carole
A. Palmer, Penacook Effective: January 16,
2008
Succeeding: Patricia L. Walker, Wolfeboro Term: December 6, 2010
Energy
Planning Advisory Board
Wendell
W. Jesseman, Landaff Effective: January 16,
2008
Reappointment Term: November 10, 2010
Equalization
Standards Board
Nominated
by the New Hampshire Municipal Association
Kathryn
H. Temchack, Canterbury Effective: January 16,
2008
Reappointment Term: October 10, 2009
Commissioner:
Department of Health and Human Services
Nicholas
A. Toumpas, Rye Effective: January 16,
2008
Vacancy Term: January 16, 2012
Salary: $109,985
New
Hampshire Commission for Human Rights
Gayle
E. Troy, Dunbarton
Effective: January 16, 2008
Reappointment Term: January 1, 2013
Judicial
Council
(Lay
Person)
Alan
Seidman, Bedford Effective: January 16,
2008
Reappointment Term: January 1, 2011
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Amy
Feitelson, Rye Effective: January 16,
2008
Succeeding: James G. Sise, Keene Term: December 3, 2010
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Will
Abbott, Holderness Effective: January 16, 2008
Succeeding
Robert A. Cruess, Amherst Term: September 30, 2011
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Frederick
J. McNeill, Manchester Effective: January 16,
2008
Succeeding: Frank Thomas, Merrimack Term: August 12, 2011
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Nelson
L. Thibault, Nottingham Effective: January 16,
2008
Reappointment Term: September 30, 2011
Board
of Nursing
(RN)
Nora
C. Fortin, Stratham Effective: January 16,
2008
Succeeding: Kristine A. Day, Alexandria Term: May 10, 2010
Oil
Fund Disbursement Board
(Public
Member)
Ronald
R. Poirier, Manchester Effective: January 16,
2008
Reappointment Term: January 1, 2011
NOMINATIONS
The Governor placed into nomination the following:
Agricultural
Advisory Board
(Carroll
County)
Justin
Hussey, North Conway Effective: January 31,
2008
Succeeding: David L. Babson Jr., Ossipee Term: January 31, 2013
Agricultural
Advisory Board
(Strafford
County)
Frank
W. Reinhold, Jr., Lee Effective: January 31,
2008
Succeeding: Leon Meader, Rochester Term: January 31, 2013
Agricultural
Lands Preservation Committee
Peter
S. Helm, Contoocook Effective: Upon
confirmation
Succeeding: Jay Waldner, Hopkinton (resigned) Term: October 10, 2008
Air
Resources Council
(General
Public)
J.
Ryan Bielagus, Amherst Effective: Upon
confirmation
Reappointment Term: December 6, 2011
Board
of Licensing for Alcohol and Other Drug Abuse Professionals
(Licensed
Alcohol and Drug Abuse Councilor)
Eileen
M. Fiori, Nashua Effective: Upon
confirmation
Reappointment Term: January 28, 2011
New
Hampshire State Council on the Arts
Wendy
M. Cahill, Concord Effective: Upon
confirmation
Succeeding: Gary Samson, Concord Term: November 23, 2012
Assistant
Commissioner: Department of Corrections
Nominated
by the Commissioner of the Department of Corrections
William
G McGonagle, Concord Effective: Upon
confirmation
Vacancy Term: Serves at Commissioners pleasure
Salary: JJ Step 3, $93,975
Board
of Court Reporters
(Public
Member)
Brent
T. Lemire, Litchfield Effective: Upon
confirmation
Vacancy Term: 3 yrs from confirmation
State
Board of Education
Helen
G. Honorow, Nashua Effective: January 31,
2008
Reappointment Term: January 31, 2012
State
Board of Education
John
E. Lyons, Jr., Portsmouth Effective: January 31,
2008
Reappointment Term: January 31, 2012
State
Board of Education
William
D. Walker, Thornton Effective: January 31,
2008
Reappointment Term: January 31, 2012
Board
of Foresters
(Public
Member)
Roland
E. Olivier, Manchester Effective: Upon
confirmation
Succeeding: Leon Meader, Rochester Term: November 7, 2012
State
Coordinator of Highway Safety
Peter
M. Thomson, Orford Effective: February 3,
2008
Reappointment Term: February 3, 2013
Salary: EE Maximum, $74,376
State
Historical Records Advisory Board
Paul
R. Bergeron, Nashua Effective: Upon
confirmation
Reappointment Term: January 2, 2011
State
Historical Records Advisory Board
Edouard
L. Desrochers, Exeter Effective: Upon
confirmation
Reappointment Term: December 19, 2010
New
Hampshire Commission for Human Rights
David
N. Cole, Hanover Effective: Upon
confirmation
Succeeding: Purnell F. Ross, Jr., Dover Term: January 1, 2013
New
Hampshire Commission for Human Rights
Laura
Simoes, Concord Effective: Upon
confirmation
Reappointment Term: January 1, 2013
Judicial
Council
(Lay
Person)
David
N. Page, Sunapee Effective: Upon
confirmation
Reappointment Term: January 1, 2011
Judicial
Council
(Attorney)
Wendy
Roberts, Whitefield Effective: Upon
confirmation
Succeeding:
Alethea L. Froburg, Berlin Term: October 18, 2010
Marital
Master
Nominated
by the Judge of the New Hampshire Judicial Branch Family Division
Thomas
G. Cooper, Concord Effective: Upon
confirmation
Term: 3 yrs from confirmation
Deputy
Chief Medical Examiner
Nominated
by the Attorney General
Jennie
V. Duval, MD, Concord Effective: Upon
confirmation
Reappointment Term: January 28, 2013
Salary: NN $118,204
Board
of Medicine
Catherine
Florio Pipas, Lebanon Effective:
Upon confirmation
Succeeding: Bruce J. Friedman, Etna Term: December 3, 2011
Moorings
Appeals Board
Robert
W. Ball, Jefferson Effective: Upon
confirmation
Vacancy Term: October 28, 2010
New
Hampshire Motor Vehicle Industry Board
William
S. Fenollosa, Hopkinton Effective: Upon
confirmation
Reappointment Term: January 9, 2012
Physical
Therapy Governing Board
(Public
Member)
James
H. Bradley, Goffstown Effective: Upon
confirmation
Vacancy Term: September 16, 2010
Ports
and Harbors Advisory Council
Diane
B.Terragni, Dunbarton Effective: Upon
confirmation
Reappointment Term: December 16, 2012
Pre-Engineering
Technology Advisory Council
Thomas
J. Brennan, Jr. , New London Effective: Upon
confirmation
Succeeding: Richard W. Ayers, Sanbornton (resigned) Term: September 4, 2008
Respiratory
Care Practitioners Governing Board
Robert
G. Fishwick, Allenstown Effective: Upon
confirmation
Reappointment Term: January 8, 2011
New
Hampshire Retirement System Board of Trustees
Lisa
Shapiro, Canterbury Effective:
February 1, 2008
Succeeding: Carlton MacVeagh, Marlborough (resigned) Term: July 13, 2009
Telecommunications
Planning and Development Advisory Board
Nominated by the Commissioner of the Department of
Resources and Economic Development
Residential
Telecom User
Theodore
R. Jastrzembski, Hanover Effective: Upon
confirmation
Reappointment Term: October 18, 2010
Victim’s
Assistance Commission
Nominated
by the Attorney General
David
A. Gruette, Center Barnstead Effective: Upon
confirmation
Reappointment Term: December 15, 2010
Victim’s
Assistance Commission
Nominated
by the Attorney General
Dennis
R. Harney, Concord Effective: Upon
confirmation
Reappointment Term: December 15, 2010
Waste
Management Council
(Municipal
Official)
Stephen
R. Crean, Goffstown Effective: Upon
confirmation
Reappointment Term: September 7, 2011
NEW HAMPSHIRE MUNICIPAL BOND BANK
#1 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to accept and place on file the Annual Report for the fiscal year ended June 30, 2007.
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:
#2 Authorized to enter into an agreement with the City of Somersworth, NH, for the purpose of constructing an addition to the Somersworth Early Learning Center in the amount of $500,000. Effective upon G&C approval through June 30, 2009. 100%Federal Funds.
#3 Authorized to retroactively amend an existing agreement with the Town of Londonderry, NH (previously approved by G&C on 1-11-06, item #2), for the purpose of eliminating a threat to public health and safety, by extending the completion date to December 31, 2008 from December 31, 2007. 100% Federal Funds.
#4 Authorized to enter into an agreement with the County of Merrimack, Concord, NH, to relocate an existing day care facility in the County Facility in Boscawen, NH in the amount of $363,002. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.
#5 Authorized to enter into an agreement with the County of Merrimack, Concord, NH, to assist the NH Technical Institute to pay for furnishings and technology equipment for the academic spaces in the Health Education Center in Concord, NH, in the amount of $355,000. Effective upon G&C approval through December 31, 2010. 100% Federal Funds.
#6 Authorized to enter into an agreement with the City of Claremont, NH, for the purpose of establishing the Sullivan County Dental Center in Claremont in the amount of $500,000. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.
#7 Authorized to enter into an agreement with the Town of Meredith, NH, for site improvements for the development of thirty-two units of affordable housing in the amount of $500,000. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.
#8 Authorized to enter into an agreement with the Town of Pembroke, NH, to make wastewater system upgrades that will assist the Belknap-Merrimack Community Action Program in the construction of a twenty-three unit elderly housing project, in the amount of $289,700. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as follows:
#9 Authorized to amend a sole source contract with Information Management Corporation of North Grafton, MA, for information technology services required by the NH Liquor Commission, Bureau of Liquor Enforcement, by increasing the amount by $16,400 to $41,225. Effective retroactive to January 1, 2008 through December 31, 2009. 100% Other Funds.
#9A Authorized to reclassify position #42514 IT Manager II, labor grade 30 ($52,611) to a Technical Support Specialist VI, labor grade 32 ($57,525). 100% Other Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#10 Authorized to accept and expend funds in the amount of $107,269.05 from the NH Department of Safety, Division of Homeland Security and Emergency Management for expenses incurred during the May 2006 and April 2007 floods in NH. 100% Transfer Funds. Fiscal Committee approved.
#11 Authorized Captain Amy L. Emanuel, Windham, ME, be nominated for promotion to the rank of Major, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified.
#12 Authorized to accept monetary contributions in the amount of $325 received during the period of September 18, 2007 through December 18, 2007 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.
#13 Authorized to accept donations of computer services, brick & monument engraving, granite benches, granite post and carpet/chair cleaning service in the amount of $3,893.78 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#14 Authorized Plant and Property Management to enter into a contract with Easter Seals New Hampshire Inc., Manchester, NH, to provide employee shuttle service for state employees who work in the State House complex for a total amount not to exceed $55,478.80. Effective upon G&C approval through June 30, 2009. 100% General Funds.
#15 Authorized to accept and place on file the Report and Findings of Councilor Debora Pignatelli with regard to the refinancing of certain existing indebtedness, the renovation and expansion of the College’s library, the renovation of two of the College’s dormitories and the funding of a debt service reserve fund in connection with Rivier College, Nashua, NH.
#16 Authorized to accept and place on file the audited Comprehensive Annual Financial Report for the year ended June 30, 2007.
#16A Authorized to enter into a sole source contract Maine Health Information Center, Manchester, NH, to provide health claims data analysis and reporting with respect to the State Employee and Retiree Health Benefits Program in an amount not to exceed $11,000. Effective upon G&C approval through January 31, 2009.
#16B Authorized Risk Management Unit to amend a contract with The Segal Company, Farmington, CT, (previously approved by G&C on 10-6-04, item #11, amended on 9-27-06, item #30C), for Actuarial, Claims Audit and Employee Benefits Consulting Services agreement, by increasing the amount by $100,000 from $680,000 to $780,000. Effective upon G&C approval through August 31, 2008.
TREASURY DEPARTMENT
#17 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 $195,734.62 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF REVENUE ADMINISTRATION
#18 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to amend a lease with Bert Whittemore Revocable Trust of 1993, Concord, NH, (previously approved by G&C on 11-19-97, item #26), for office space in Concord, NH, in the amount of $550,550, by extending the date from July 14, 2008 to July 14, 2009. 100% General Funds.
JOINT BOARD OF LICENSURE AND CERTIFICATION
The Governor and Council acted as follows:
#19 Authorized to enter into a sole source contract with the National Council of Examiners for Engineering and Surveying, Clemson, SC, for the preparation and scoring of the national professional engineering and land surveying examinations in the amount of $90,000. Effective April 1, 2008 through March 31, 2010. 100% General Funds.
#19A Authorized to budget and expend $13,765 in examination fees collected from the Principals and Practices of Engineering and Land Surveying Examinations and the Fundamentals of Engineering and Land Surveying Examinations for direct expenses of these examinations. Effective upon G&C approval through June 30, 2008. 100% General Funds.
DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
The Governor and Council acted as follows:
#20 Authorized Division of Animal Industry to make a retroactive payment for emergency response Avian Influenza equipment preparedness trailer, from Lab Safety Supply in the amount of $2,993.68. 100% Federal Funds.
#20A Authorized 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 $6,000. Effective upon G&C approval through November 29, 2008. 13.72% General, 86.28% Other Funds.
ATTORNEY GENERAL
The Governor and Council acted as follows:
#21 DENIED – The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Pignatelli voted to deny the petition of Nicholas Heinemann requesting a pardon hearing for the offense of Second Degree Murder. The petitioner is not eligible for an annulment.
#22 Authorized to appoint Lucy Carrillo as an Assistant Attorney General, at a salary of $64,994.40, for a term expiring October 31, 2010.
#23 Authorized to enter into a sub-grant with the Nashua Police Athletic League, to support the continued operation of the Youth Safe Havens program in Nashua in the amount of $20,000. Effective upon G&C approval through September 30, 2009. 100% Federal Funds.
#24 Authorized to grant an annual salary increment to Kim K. Fallon, Forensic Investigator, from group BB, Step 2, ($54,291) to group BB, Step 3 ($57,423). Effective upon G&C approval.
PARI-MUTUEL COMMISSION
#25 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to transfer $57,000. 88.74% General, 11.26% Other Funds. Fiscal Committee approved.
DEPARTMENT OF CULTURAL RESOURCES
#26 The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton authorized the request of the Division of Historical Resources to enter in to a contract with TMS Architects, Portsmouth, NH, for the condition report of the Old State House in the amount of $11,100. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#27 Authorized Division of Parks and Recreation to enter into a sole source contract with The Student Conservation Association Inc., Charlestown, NH, to provide services for park projects in the amount of $206,463. Effective upon G&C approval thorugh October 15, 2008. 68% General, 32% Park Funds.
#28 Authorized Division of Parks and Recreation to enter into a contract with Turnstone Corporation, Milford, NH, for the site drainage, ADA ramp and stairway report of Catamount Pond Pavilion at Bear Brook State Park in the amount of $226,350. Effective upon G&C approval through June 27, 2008. 100% General Funds.
#29 Authorized Division of Parks and Recreation to enter into a contract with Samyn-D’Elia Architects, P.A., Ashland, NH, for design and engineering services for redevelopment of Hampton Beach State Park in the amount of $217,920. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#30 Authorized to accept and place on file a detailed analysis of Park Revenue and Expenditures, including Cannon Mountain Ski area, for fiscal year 2007.
#31 Authorized Trails Bureau to budget and expend unbudgeted revenues due to excess registrations in FY 2007 in the income and expenditure accounts as detailed in letter dated November 2, 2007. 100% Transfer Funds. Fiscal Committee approved.
#32 Authorized Division of Parks and Recreation to accept a donation towards the preservation for the Odiorne House from Winnifred Odiorne Coffin valued at $200, and budget as detailed in letter dated January 16, 2008.
#33 Authorized Division of Forests and Lands to reimburse The Trust for Public Land, Boston, MA, for title insurance & recording fees associated with the acquisition of a conservation easement on the Forest Legacy Program Willard Pond Project – Robb Reservoir Tract in the amount of $5,225.07. Effective upon G&C approval. 100% Federal Funds.
FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:
#34 Authorized to reclassify position #19218, labor grade 14, Carpenter II, to a Maintenance Mechanic III, labor grade 14. 52.81% Fish and Game, 35.38% Federal, 11.81% Other Funds.
#35 Authorized to enter into a sole source contract with International Mountain Climbing School, North Conway, NH, to provide a three-day winter mountaineering training course to members of the Law Enforcement Division in the amount of $2,800. Effective upon G&C approval through June 30, 2008. 100% Other (Search and Rescue) Funds.
#36 Authorized to enter into a Cooperative Service Agreement with the US Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services, to work cooperatively to support and implement wildlife damage control efforts. Effective upon G&C approval through September 30, 2008.
#37 Authorized to pay the Association of Fish and Wildlife Agencies, Washington, DC $17,000 annual membership dues. Effective upon G&C approval through June 30, 2008. 100% Fish and Game Funds.
#38 Authorized to enter into a contract with Francis & Cheryl Dore Enterprises LLC d/b/a ServiceMaster by Hydratech of Ashland NH, to provide janitorial services for the Owl Brook Hunter Education Center in Holderness, in the amount of $7,020. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#39 Authorized to accept and expend $511,917 in federal funds from the US Environmental Protection Agency for purposes of funding remediation efforts at Comprehensive Environmental Response, Compensation and Liability Act sites. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.