GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

                                                                                January 24, 2007, 10:00 a.m.

 

The Governor and Executive Council convened at 10:00 a.m. with Councilor Pignatelli absent, and all other members present.

 

The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Shea, accepted the minutes of January 10, 2007.

 

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wieczorek approved the appointment of several persons nominated for Civil Commissions from the January 10, 2007 meeting.

 

The Governor placed in nomination the several persons who applied for Civil Commissions.

 

RESIGNATIONS

The Governor and Council, with thanks for their service, accepted the following:

 

Director of the Division of Educational Improvement/Department of Education

Virginia O’Brien Irwin, Newport                                                                        Effective:  January 24, 2007

 

Oil Fund Disbursement Board

(Public Member)

James E. Connolly, Jr., Manchester                                                                  Effective:  Upon acceptance

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

Agricultural Advisory Board

(Petroleum Industry)

Thomas Prescott, Bow                                                                                        Effective:  January 24, 2007

Succeeding:  Brian Boudreau, Rochester                                                         Term:  June 19, 2011

 

Automotive Technology Advisory Council

(NH Auto Dealers Association)

Peggy A. Proko-Weisman, Hollis                                                                      Effective:  January 24, 2007

Reappointment                                                                                                     Term:  October 8, 2009

 

Aviation Users Advisory Board

(Airport Manager)

Kevin A. Dillon, Brentwood                                                                               Effective:  January 24, 2007

Reappointment                                                                                                     Term:  October 29, 2010

 

Commissioner:  Banking Department

Peter C. Hildreth, Concord                                                                                  Effective:  January 24, 2007

Reappointment                                                                                                     Term:  January 1, 2013

Salary:  II - Maximum: $94,584

 

Community Development Finance Authority

(Community Development Organization)

Klaas Nijhuis, Nashua                                                                                         Effective:  January 24, 2007

Reappointment                                                                                                     Term:  December 18, 2011

 

State Conservation Committee

(Hillsborough/Merrimack)

George A. Travers, Hollis                                                                                   Effective:  January 24, 2007

Succeeding:  Peter Blakeman, North Sutton (resigned)                                 Term:  August 1, 2007

 

Current Use Advisory Board

(Public Member/Agriculture)

Rebecca Nelson, Newport                                                                                  Effective:  January 24, 2007

Succeeding:  Sheila Stone, Cornish                                                                  Term:  November 16, 2008

 

Current Use Advisory Board

(Public Member)

Thomas N. Thomson, Orford                                                                             Effective:  January 24, 2007

Reappointment                                                                                                     Term:  November 16, 2008

 

Board of Dental Examiners

(Public Member)

Vivian J. Desmarais, Manchester                                                                      Effective:  January 24, 2007

Succeeding:  Karen Clough, Danville (reached term limit)                            Term:  August 12, 2011

 

Board of Education

(At large)

Frederick J. Bramante, Jr., Durham                                                                    Effective:  January 31, 2007

Reappointment                                                                                                     Term:  January 31, 2011

 

Assistant Commissioner: Department of Environmental Services

Nominated by the Commissioner of the Department of Environmental Services

Michael J. Walls, Concord                                                                                 Effective:  January 24, 2007

Reappointment                                                                                                     Term:  January 8, 2011

Salary:  II - Maximum: $94,584

 

Joint Promotional Program Screening Committee

(Regional Associations)

Nominated by the New Hampshire Travel Council

Jayne S. O’Connor, Franconia                                                                           Effective:  January 24, 2007

Succeeding:  Richard Hamilton, Littleton                                                         Term:  July 13, 2009

 

Juvenile Parole Board

(Alternate Member)

Edward B. Boyle, Manchester                                                                           Effective:  January 24, 2007

Vacancy                                                                                                                 Term:  January 24, 2012

 

Juvenile Parole Board

Frank E. Jones, Bow                                                                                            Effective:  January 24, 2007

Reappointment                                                                                                     Term:  July 1, 2011

 

Medical Review Subcommittee

Nominated by the Board of Medicine

Robert Feder, MD, Hollis                                                                                    Effective:  January 24, 2007

Reappointment                                                                                                     Term:  December 3, 2009

 

Medical Review Subcommittee

(Public Member)

Nominated by the Board of Medicine

Patricia Waldvogel, Loudon                                                                              Effective:  January 24, 2007

Reappointment                                                                                                     Term:  December 3, 2009

 

Board of Medicine

Robert J. Andelman, MD, Portsmouth                                                             Effective:  January 24, 2007

Succeeding:  James H. Clifford, MD, Lee                                                         Term:  December 3, 2011

 

Mount Washington Commission

(State Representative)

Martha McLeod, Franconia                                                                               Effective:  January 24, 2007

Vacancy                                                                                                                 Term:  January 24, 2012

 

Northeast Interstate Dairy Compact Commission

(Consumer Interests)

Douglas E. Morris, Durham                                                                                Effective:  January 24, 2007

Reappointment                                                                                                     Term:  June 19, 2009

 

Pesticides Control Board

(Physician)

Joseph R. Snow, Concord                                                                                  Effective:  January 24, 2007

Succeeding:  James Young, Hillsborough                                                       Term:  January 5, 2010

 

State Board for the Licensing and Regulation of Plumbers

(Public Member)

Daniel Duckett, Manchester                                                                              Effective:  January 24, 2007

Succeeding:  Robert Hill, Bow (resigned)                                                        Term:  February 3, 2012

 

Public Employee Labor Relations Board

(Management)

Carol M. Granfield, Meredith                                                                             Effective:  January 24, 2007

Succeeding: Seymour Osman, Dover (deceased)                                           Term:  October 15, 2008

 

Recreation Therapy Governing Board

(Public Member)

Linda M. Rodger, Whitefield                                                                             Effective:  January 24, 2007

Vacancy                                                                                                                 Term:  January 24, 2009

 

Volunteer NH Board of Directors

Thomas J. Roberts, Exeter                                                                                  Effective:  January 24, 2007

Vacancy                                                                                                                 Term:  January 24, 2010

 

State Commission on the Status of Women

A. Ronnie Sandler, Easton                                                                                 Effective:  January 24, 2007

Succeeding:  Patricia R. Yosha, Hampton (reached term limit)                     Term:  October 20, 2009

 

NOMINATIONS

The Governor placed into nomination the following:

 

State Committee on Aging

(Strafford County)

Joanne A. Dodge, (d), Dover                                                                             Effective:  Upon confirmation

Succeeding:  Shirley Thompson, Durham                                                        Term:  June 24, 2009

 

Board of Licensing for Alcohol and Other Drug Abuse Professionals

(Consumer of Substance Abuse Counseling Services)

Judith E. Cooper, Hollis                                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 28, 2010

 

New Hampshire Council on the Arts

Sara W. Germain, Dublin                                                                                     Effective:  Upon confirmation

Succeeding:  Jasmine Shah, Nashua                                                                 Term:  November 23, 2011

 

New Hampshire Council on the Arts

Robert J. Begiebing, Newfields                                                                          Effective:  Upon confirmation

Succeeding:  James Patrick Kelly, Portsmouth                                                Term:  October 14, 2011

 

New Hampshire Council on the Arts

Dorothy J. Yanish, Peterborough                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 23, 2011

 

Compensation Appeals Board

(Employer-Insurer)

Maureen E. Dwyer-Heinrichs, Kingston                                                          Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 1, 2010

 

Compensation Appeals Board

(Attorney)

John C. Emery, Bedford                                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 1, 2010

 

Compensation Appeals Board

(Labor)

Roger E. Gagnon, Manchester                                                                           Effective:  February 9, 2007

Reappointment                                                                                                     Term:  February 9, 2010

 

Compensation Appeals Board

(Labor)

Albert G. Karam, Manchester                                                                            Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 1, 2010

 

Compensation Appeals Board

(Labor)

Daniel P. Manning, Manchester                                                                        Effective:  February 9, 2007

Reappointment                                                                                                     Term:  February 9, 2010

 

Compensation Appeals Board

(Attorney)

Richard A. Mitchell, Candia                                                                               Effective:  February 13, 2007

Reappointment                                                                                                     Term:  February 13, 2010

 

Compensation Appeals Board

(Attorney)

Norman J. Patenaude, Portsmouth                                                                    Effective:  February 15, 2007

Succeeding:  Peter Wright, Jr. Henniker                                                           Term:  February 15, 2010

 

Compensation Appeals Board

(Attorney)

William J. Schubert, Manchester                                                                       Effective:  February 15, 2007

Reappointment                                                                                                     Term:  February 15, 2010

 

Compensation Appeals Board

(Attorney)

S. David Siff, Concord                                                                                         Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 1, 2010

 

State Board of Education

(District 4)

Stephen R. L’Heureux, Hooksett                                                                       Effective:  Upon confirmation

Succeeding:  Mary Elizabeth McNeil, Bedford (resigned)                            Term:  January 31, 2009

 

Juvenile Parole Board

Kelly Stoller, Milford                                                                                           Effective:  Upon confirmation

Succeeding:  Edward B. Boyle, Manchester                                                    Term:  July 1, 2010

 

Juvenile Parole Board

(Alternate Member)

Yvonne M. Vissing, Durham                                                                              Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  5 yrs from confirmation

 

Board of Medicine

(Public Member)

Gail A. Barba, Concord                                                                                       Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  5 yrs from confirmation

 

State Commission on the Status of Men

Scott A. Garman, Dover                                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  September 1, 2007

 

Board of Mental Health Practice

(Pastoral Psychotherapist)

David L. Sundell, Salem                                                                                      Effective:  Upon confirmation

Succeeding:  Ronald P. Dieter, Contoocook (reached term limit) Term:  October 31, 2009

 

Oil Fund Disbursement Board

(Public Member)

Ronald R. Poirier, Manchester                                                                           Effective:  Upon confirmation

Succeeding:  James Connolly, Jr. (resigned)                                                   Term:  January 1, 2011

 

Rockingham County Probate Judge

Peter G. Hurd, Kingston                                                                                      Effective:  Upon confirmation

Succeeding:  John R. Maher, Portsmouth (resigned)                                     Term:  Until 70 years of age

 

Skyhaven Airport Commission

William S. Richard, Durham                                                                                Effective:  Upon confirmation

Succeeding:  Fred Hochgraf, Durham (resigned)                                            Term:  August 14, 2008

 

Telecommunications Planning and Development Advisory Commission

Nominated by the Commissioner of the Department of Resources and Economic Development

(Industry)

Jeremy L. Katz, Lebanon                                                                                     Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 18, 2009

 

Telecommunications Planning and Development Advisory Commission

Nominated by the Commissioner of the Department of Resources and Economic Development

 (Industry)

Carol Miller, Gorham                                                                                            Effective:  Upon confirmation

Reappointment                                                                                                     Term:  December 6, 2009

 

Telecommunications Planning and Development Advisory Commission

Nominated by the Commissioner of the Department of Resources and Economic Development

(Industry)

William R. Stafford, Weare                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 18, 2009

 

Advisory Commission on Travel and Tourism

Nominated by the Commissioner of the Department of Resources and Economic Development

 (Attractions)

James S. Morash, Meredith                                                                                Effective:  Upon confirmation

Reappointment                                                                                                     Term:  December 1, 2009

 

Advisory Commission on Travel and Tourism

Nominated by the Commissioner of the Department of Resources and Economic Development

(Education)

Katharine Eneguess, Jaffrey                                                                              Effective:  Upon confirmation

Reappointment                                                                                                     Term:  December 1, 2009

 

Advisory Commission on Travel and Tourism

Nominated by the Commissioner of the Department of Resources and Economic Development

(Food and Beverage)

Scott G. Rice, North Woodstock                                                                       Effective:  Upon confirmation

Reappointment                                                                                                     Term:  December 15, 2009

 

Advisory Commission on Travel and Tourism

Nominated by the Commissioner of the Department of Resources and Economic Development

(Chambers of Commerce)

Timothy G. Sink, Concord                                                                                  Effective:  Upon confirmation

Reappointment                                                                                                     Term:  December 1, 2009

 

Wetlands Council

Nominated by the NH Association of Conservation Districts

(Member of a Soil or Water Conservation District)

David A. Thompson, Lincoln                                                                            Effective:  Upon confirmation

Succeeding:  W. Michael Dennehy, Woodsville                                            Term:  December 6, 2009

 

 

                                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 ending June 30, 2006.

 

                                BUSINESS FINANCE AUTHORITY

#2            The Governor and Executive Council on motion of Councilor Hollingworth, seconded by Councilor Wieczorek and further on a roll call vote as follows: Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli – absent, Authorized to hold a Public Hearing with respect to the purchase by the Business Finance Authority of a loan made by Strafford Economic Development Corporation to Samco, Inc. located in Farmington, NH.  Action will Authorized a Resolution under RSA 162-A:18 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

 

 

EXTRACT FROM THE MINUTES OF THE MEETING OF THE

GOVERNOR AND COUNCIL HELD ON JANUARY 24, 2007

COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

 

*                              *                              *                              *                              *                              *

 

                At approximately 10:40 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan to be made by Strafford Economic Development Corporation and declared that the public hearing on the subject had commenced.  He said that he and the members of the Council had received written material from the Authority with respect to the proposed loan.  The Governor then said that the meeting would hear anyone wishing to speak on the subject. Michael Donahue, Executive Director of the Authority, briefly explained the project and introduced Dennis McCann, Executive Director of Strafford Economic Development Corporation and Jeanine Lewis of Samco, Inc.  The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Hollingworth introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:10  WITH RESPECT TO A CERTAIN LOAN FROM STRAFFORD ECONOMIC DEVELOPMENT  CORPORATION" and moved its adoption, which was seconded by Councilor Wieczorek.  There being no discussion, the Governor called for a vote on the motion.  Those voting in favor were: The Governor and Councilor Burton, Councilor Shea, Councilor Hollingworth, and Councilor Wieczorek; those abstaining were Councilor(s):  None; and those voting against were Councilor(s):  None.  Absent was Councilor Pignatelli.  The Governor declared that the resolution was passed.

 

*                              *                              *                              *                              *                              *

A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN

PURCHASE UNDER RSA 162-A:10 WITH RESPECT TO A

CERTAIN LOAN FROM THE STRAFFORD ECONOMIC

DEVELOPMENT CORPORATION TO SAMCO, INC.

 

                WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to the purchase and acquisition by the Authority of a loan in the principal amount of up to Six Hundred Thousand Dollars ($600,000) (the "Loan") made by the Strafford Economic Development Corporation, a corporation, organized and existing under the laws of the State of New Hampshire and a local development organization (the "Lender") to Samco, Inc., a New Hampshire corporation (the "Borrower") used to refinance and restructure debt.

 

                WHEREAS, pursuant to the provisions of RSA Chapter 162-A, the Governor and Council is authorized to approve the recommendation of the Authority and to authorize and approve the purchase of the Loan by the Authority upon the making of specific findings after public hearing;

 

                WHEREAS, the Governor and Council have received all the documentation and information with respect to the proposed purchase of the Loan by the Authority; and

 

                WHEREAS, further action by the Authority with respect to the proposed transaction is subject to the passage of this resolution and cannot be taken until after its passage.

 

                NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

 

                1.             Findings and Determinations.  On the basis of the documentation and information received by the Governor and Council, and after a public hearing the Governor and Council find:

 

                                (a)           Special Findings.

 

                                (i)  The purchase and acquisition of the Loan will make available funds for the local or regional promotion, encouragement, or development of business activities in an area where such funds are needed; and

 

                                (ii)  The Loan to be purchased by the Authority does not impose an undue risk of loss to the Authority.

 

                                (b)           General Findings.

 

                                (i)  The purchase of the Loan by the Authority as proposed will serve a public use and provide a public benefit.

 

                                (ii)  The purchase of the Loan by the Authority as proposed is within the policy of, and the authority conferred by RSA Chapter 162-A.

 

                                (iii)  The purchase of the Loan by the Authority as proposed 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.

 

                                (iv)  The purchase of the Loan by the Authority as proposed will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

 

                2.             Approval.  The Governor and Council approve the purchase of the Loan by the Authority as recommended by the Authority and authorize the Authority to cause the execution and delivery of a Loan Purchase Agreement substantially in the form submitted to the Governor and Council and to take such further action under the Act with respect to the transaction as may be required.

 

                3.             Effective Date.  This resolution shall take effect upon its passage.

 

Passed and Agreed to January 24, 2007.

 

 

When the governor announced that this item was open for public input, Joseph Haas asked that the minutes reflect that he requests a written progress report on a complaint he has previously made against the state treasurer.

 

 

                                OFFICE OF INFORMATION TECHNOLOGY

#3            The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton Authorized the request to enter into a contract with CBE Technologies Inc., Boston, MA, for the procurement, installation, deployment and 4 ½ years of maintenance for NH State Liquor Commission Point-of-Sale systems located in all of the retail stores and headquarters in the amount of $1,486,528.45.  (2)Further Authorized to enter into a contract with Lake Sunapee Bank of Newport, NH, for the purpose of financing the procurement and implementation of the NH State Liquor Commission Point-of-Sale systems in the amount of $1,352,014.50.  Effective upon G&C approval through January 31, 2012.  100% Other Funds. 

 

                                OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

 

#4            Authorized Christopher W. Hurley, Winthrop, MA, be confirmed for promotion to the rank of Lieutenant Colonel, NH Air National Guard. 

 

#5            Authorized John J. Coughlin, Mont Vernon, NH, be confirmed to the rank of Lieutenant Colonel, NH Army National Guard.

 

#6            Authorized Matthew B. Holloway, Portsmouth, NH, be confirmed to the rank of Major, NH Air National Guard.

 

                                DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

 

#7            Authorized to waive the State’s workers’ compensation lien related to Elmer Rule.  Liberty Mutual, serving as the State’s insurer of the State Employees’ Workers’ Compensation Program at the time of in