GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
January 30, 2008, 10:00 a.m.
The Governor and Executive
Council convened at
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The Governor and Executive Council on motion of Councilor Hollingworth, seconded by Councilor Burton, accepted the minutes of January 16, 2008.
*
The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Shea approved the appointment of several persons nominated for Civil Commissions from the January 16, 2008 meeting.
*
The Governor placed in nomination the several persons who applied for Civil Commissions.
*
The Governor and Executive Council swore into office the following Representative-elect:
Rockingham District 1 (Candia,
Deerfield, Northwood, Nottingham)
Maureen R. Mann, d, Deerfield (52 Stage Road) 03037
RESIGNATIONS
The Governor and
Council, with regret, accepted the following resignation
Commissioner:
Department of Administrative Services
Donald
S. Hill, Pembroke Effective: February 29,
2008
CONFIRMATIONS
The Governor and Council confirmed 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: January 30,
2008
Succeeding: Jay Waldner, Hopkinton (resigned) Term: October 10, 2008
Air
Resources Council
(General
Public)
J.
Ryan Bielagus, Amherst Effective: January 30,
2008
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: January 30,
2008
Reappointment Term: January 28, 2011
New
Hampshire State Council on the Arts
Wendy
M. Cahill, Concord Effective: January 30,
2008
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: January 30,
2008
Vacancy Term: Serves at Commissioners pleasure
Salary: JJ Step 3, $93,975
Board
of Court Reporters
(Public
Member)
Brent
T. Lemire, Litchfield Effective: January 30,
2008
Vacancy Term: January 30, 2011
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: January 30,
2008
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: January 30,
2008
Reappointment Term: January 2, 2011
State
Historical Records Advisory Board
Edouard
L. Desrochers, Exeter Effective: January 30,
2008
Reappointment Term: December 19, 2010
New
Hampshire Commission for Human Rights
David
N. Cole, Hanover Effective: January 30,
2008
Succeeding: Purnell F. Ross, Jr., Dover Term: January 1, 2013
New
Hampshire Commission for Human Rights
Laura
Simoes, Concord Effective: January 30, 2008
Reappointment Term: January 1, 2013
Judicial
Council
(Lay
Person)
David
N. Page, Sunapee Effective: January 30,
2008
Reappointment Term: January 1, 2011
Judicial
Council
(Attorney)
Wendy
Roberts, Whitefield Effective: January 30,
2008
Succeeding:
Alethea L. Froburg, Berlin Term: October 18, 2010
Deputy
Chief Medical Examiner
Nominated
by the Attorney General
Jennie
V. Duval, MD, Concord Effective: January 30,
2008
Reappointment Term: January 28, 2013
Salary: NN $118,204
Board
of Medicine
Catherine
Florio Pipas, Lebanon Effective:
January 30, 2008
Succeeding: Bruce J. Friedman, Etna Term: December 3, 2011
Moorings
Appeals Board
Robert
W. Ball, Jefferson Effective: January 30,
2008
Vacancy Term: October 28, 2010
New
Hampshire Motor Vehicle Industry Board
William
S. Fenollosa, Hopkinton Effective: January 30,
2008
Reappointment Term: January 9, 2012
Physical
Therapy Governing Board
(Public
Member)
James
H. Bradley, Goffstown Effective: January 30,
2008
Vacancy Term: September 16, 2010
Ports
and Harbors Advisory Council
Diane
B.Terragni, Dunbarton Effective: January 30,
2008
Reappointment Term: December 16, 2012
Pre-Engineering
Technology Advisory Council
Thomas
J. Brennan, Jr. , New London Effective: January 30,
2008
Succeeding: Richard W. Ayers, Sanbornton (resigned) Term: September 4, 2008
Respiratory
Care Practitioners Governing Board
Robert
G. Fishwick, Allenstown Effective: January 30,
2008
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: January 30,
2008
Reappointment Term: October 18, 2010
Victim’s
Assistance Commission
Nominated
by the Attorney General
David
A. Gruette, Center Barnstead Effective: January 30,
2008
Reappointment Term: December 15, 2010
Victim’s
Assistance Commission
Nominated
by the Attorney General
Dennis
R. Harney, Concord Effective: January 30,
2008
Reappointment Term: December 15, 2010
Waste
Management Council
(Municipal
Official)
Stephen
R. Crean, Goffstown Effective: January 30,
2008
Reappointment Term: September 7, 2011
NOMINATIONS
The Governor placed into nomination the following:
Athletic
Trainers Governing Board
Kerri
A. Lafond, Keene Effective:
Upon confirmation
Succeeding: Maren C. McElwee, Gilmanton (reached term
limit) Term: January 8, 2011
Community
College System Board of Trustees
(High
School Vocational Director)
Stephen
Guyer, Gilford Effective:
February 17, 2008
Reappointment Term: June 30, 2010
Compensation
Appeals Board
(Labor)
Anne
C. Eaton, Concord Effective:
Upon confirmation
Reappointment Term:
February 13, 2011
Compensation
Appeals Board
(Employer/Insurer)
David
F. Foster, Northfield Effective:
Upon confirmation
Reappointment Term:
February 9, 2011
Compensation
Appeals Board
(Labor)
Robert
J. Kirby, Manchester Effective:
Upon confirmation
Reappointment Term;
February 13, 2011
Compensation
Appeals Board
(Labor)
Mark
S. MacKenzie, Manchester Effective:
Upon confirmation
Reappointment Term:
February 9, 2011
Compensation
Appeals Board
(Labor)
Denis
W. Parker, Hooksett Effective:
Upon confirmation
Reappointment Term:
February 9, 2011
Compensation
Appeals Board
(Employer/Insurer)
Dennis
Teravainen, Hooksett Effective:
Upon confirmation
Reappointment February
13, 2011
Compensation
Appeals Board
(Employers/Insurers)
George
T. Wells, Derry Effective:
Upon confirmation
Reappointment Term:
February 9, 2011
State
Conservation Committee
(Coos/Grafton)
Calvin
J. Perkins, Rumney Effective:
Upon confirmation
Reappointment Term:
August 1, 2011
Fire
Standards and Training Commission
(Chief
of a Volunteer Fire Department)
Francis
X. Fraitzl III, Bedford Effective:
Upon confirmation
Succeeding: Carl F. Roediger, New Castle (no longer
volunteer fire chief) Term: November 12,
2009
Fire
Standards and Training Commission
(Fire
Prevention Society)
Mark
W. Tetreault, Epsom Effective:
February 14, 2008
Succeeding: George E. Sykes, Lebanon Term:
February 14, 2011
Chairman:
State Liquor Commission
Mark
Bodi, Portsmouth Effective:
Upon confirmation
Succeeding: Anthony C. Maiola, Newport Term: January 6,
2009
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Bruce
J. Friedman, Etna Effective:
Upon confirmation
Succeeding: Robert P. Cervenka, Manchester Term:
January 1, 2011
Occupational
Therapy Governing Board
(Licensed
Occupational Therapist)
Eileen
Thayer, Epsom Effective:
Upon confirmation
Reappointment Term:
January 8, 2011
Pesticides
Control Board
(Ecologist)
Susan
L. Whittemore, Keene Effective:
Upon confirmation
Reappointment Term:
November 6, 2010
Postsecondary
Education Commission
(Represents
a college not a member of the College & University Council)
John
D. Hutson, Bow Effective:
Upon confirmation
Succeeding: Ronald P. Murro, Littleton (resigned) Term: June
30, 2010
Associate
Justice of the Superior Court
Peter
H. Bornstein, Berlin Effective:
Upon confirmation
Succeeding: Jean Burling, Cornish (resigned) Term:
Until 70 years of age
Advisory
Committee on Travel and Tourism
(Represents statewide trade association)
Nominated by the Commissioner of the Department of
Resources and Economic Development
Nancy
C. Kyle, Pembroke Effective:
Upon confirmation
Succeeding: Katherine J. LaPlante, Pembroke Term:
December 1, 2010
Advisory
Committee on Travel and Tourism
(Member
at large)
Nominated by the Commissioner of the Department of
Resources and Economic Development
Judi
Window, Manchester Effective:
Upon confirmation
Reappointment Term:
December 1, 2010
Advisory
Committee on Travel and Tourism
(Culture,
Arts & History)
Nominated by the Commissioner of the Department of
Resources and Economic Development
Lawrence
Yerdon, Portsmouth Effective:
Upon confirmation
Reappointment Term:
December 1, 2010
NEW HAMPSHIRE BOARD OF ACCOUNTANCY
#1 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to retroactively pay Louise O. Romeo, Executive Director, prior year increment wages that were not processed from December 28, 2006 through June 7, 2007 in the amount of $833.22 for Fiscal Year 2007, to be paid from fiscal year 2008 funds. 100% General Funds.
OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as follows:
#2 Authorized to amend a sole source contract with Community Action Program Belknap-Merrimack Counties Inc., Concord, NH, (previously approved by G&C on 9-19-07, item #9), for the Fuel Assistance Program by increasing the amount by $365,034 from $2,373,087 to $2,738,121. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#3 Authorized to amend a sole source contract with Southern NH Services Inc., Manchester, NH, (previously approved by G&C on 9-19-07, item #5), for the Fuel Assistance Program by increasing the amount by $623,335 from $4,434,180 to $5,057,515. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#4 Authorized to amend a sole source contract with Tri-County Community Action Program Inc., Berlin, NH, (previously approved by G&C on 9-19-07, item #8), for the Fuel Assistance Program by increasing the amount by $1,424,443 from $2,721,120 to $4,145,563. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#5 Authorized to amend a sole source contract with Strafford County Community Action Committee Inc., Dover, NH, (previously approved by G&C on 9-19-07, item #7), for the Fuel Assistance Program by increasing the amount by $454,744 from $1,383,580 to $1,838,324. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#6 Authorized to amend a sole source contract with Southwestern Community Services Inc., Keene, NH, (previously approved by G&C on 9-19-07, item #6), for the Fuel Assistance Program by increasing the amount by $571,554 from $1,715,481 to $2,287,035. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#7 Authorized Captain Amy L. Emanuel, Windham, ME, be confirmed to the rank of Major, NH Air National Guard.
#8 Authorized Major Daniel P. Desautels, Raymond, NH, be nominated for promotion to the rank of Lieutenant Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified.
#8A Authorized to accept and expend additional federal funds in the amount of $100,000 from the federal government (National Guard Bureau) as part of the five-year Federal-State Master Cooperative Agreement to cover the cost of overtime for snow removal and emergency repairs at Pease Air National Guard Base. Effective upon G&C approval through June 30, 2008. Overtime costs for the NH Pease Air National Guard Base operations shall be reimbursed 100% by the Federal Government. Fiscal Committee approved.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#9 Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditures for the Month of February 2008. (2)Further Authorized a Working Capital Warrant reporting expenditures of $586,057,554.98 for the Month of December and recommend the balance of $153,942,445.02 be lapsed.
#10 Authorized to pay Victor Virgin Corp., Franklin, NH, for emergency water main repairs that were performed on state property near the Supreme Court building in Concord on December 18, 2007. 100% General Funds.
TREASURY DEPARTMENT
#11 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 $64,930.47 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF REVENUE ADMINISTRATION
#12 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 fiscal year ending June 30, 2007.
ATTORNEY GENERAL
The Governor and Council acted as follows:
#13 Authorized to designate Sarah T. Blodgett as an attorney at a salary of $55,500 effective upon G&C approval.
#14 DENIED – The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, voted to deny the petition of Stephen Earle Spencer requesting a pardon hearing for the offense of Second Degree Murder. The petitioner is not eligible for an annulment.
#14A Authorized to designate John R. Lilly, as an attorney at a salary of $55,000. Effective upon G&C approval.
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#15 Authorized to accept retroactive donations of goods and supplies with a total value of $14,217.46 from various contributors from May 3, 2007 through November 30, 2007. Effective upon G&C approval.
#16 Authorized to continue a 30% salary enhancement for position #19851 Chief Pharmacist, LG 30 and positions #19848, #19553 and #12997 Pharmacist, LG 27, also, to continue an hourly rate enhancement of 30% for four part-time temporary Pharmacists. Effective retroactive to September 18, 2007 through September 17, 2009. 100% General Funds.
#17 Authorized to make a one-time retroactive payment of salary and benefits to Pharmacist Lisa Mutina in the amount of $4,157.09 for the period of November 21, 2006 through April 26, 2007 with current fiscal year funds.
#18 Authorized to make a one-time retroactive payment of salary and benefits to Chief Pharmacist Judy LaForest in the amount of $4,896.17 for the period of November 21, 2006 through April 26, 2007 with current fiscal year funds.
#19 Authorized with Councilor Pignatelli voting no, to retroactively exercise a contract renewal option with Apex Cleaning Company LLC, Exeter, NH, (previously approved by G&C on 3-22-06, item #41), for the provision of cleaning services for the Exeter Probation/Parole District Office located in Exeter, NH, in the amount of $9,120, by extending the expiration date to December 27, 2009 from December 27, 2007. 100% General Funds.
#20 Authorized to reclassify position #19947 Health Facilities Cleaner, labor grade 8 ($23,046.40) to Medical Records Technician, labor grade 11 ($24,258). 100% General Funds.
LIQUOR COMMISSION
The Governor and Council acted as follows:
#21 Authorized retroactive pay for Diane Kirkwood, Retail Store Clerk I, in the amount of $254.48 for October 31, 2006 through December 27, 2007. 100% General Funds.
#22 Authorized to amend a contract with Thermal Stor Refrigeration Inc., Hooksett, NH, (previously amended by G&C on 5-3-06, item #19), to provide heating and air conditioning service for various Liquor Commission locations throughout NH, by increasing the amount from $215,301.50 to $375,145.50, and by extending the completion date through January 31, 2010. 100% General Funds.
#22A Authorized to enter into a contract with Eckhardt & Johnson Inc., Manchester, NH, to provide heating and air conditioning services at various liquor store locations throughout NH, for a total contract price of $184,736.49. Effective upon G&C approval through December 31, 2010. 100% General Funds.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#23 Authorized Division of Parks and Recreation to reclassify position #8T016 Park Manager I, labor grade 9 to Program Assistant II, labor grade 15.
#24 Authorized Division of Travel and Tourism Development to award grants to the organizations as detailed in letter dated January 30, 2008, in the total amount of $18,996.88 for the 2007/2008 out-of-state marketing projects under the Joint Promotional Program. Effective upon G&C approval. 100% General Funds.
#25 Authorized Division of Parks and Recreation, Cannon Mountain to pay a sole source retroactive invoice from NH Electric Motors Inc., Laconia, NH, in the amount of $12,348 for emergency repairs to a snowmaking compressor motor. Effective November 29, 2007 through December 3, 2007. 100% Ski Area Funds.
#26 Authorized Division of Forests and Lands to accept a donation of 10.66 acres of undeveloped forestland located in the Town of Bethlehem from Mr. James Orefice of Virginia.
#27 Authorized Division of Travel and Tourism Development to reclassify position #41310 Program Assistant I, labor grade 12 to a Program Specialist I, labor grade 19. 100% General Funds.
#28 Authorized Division of Forests and Lands to convey a sanitary protection area by easement deed to HT NH I, LTD, for 3 wells that are located on their property but in close proximity to Paugus Bay State Forest boundary in Laconia, NH. (2)Further Authorized to accept the gift of 11 acres of land directly abutting Paugus Bay State Forest, and a vehicular right of way into the Forest from HT NH I, LTD, in Laconia, NH. 0% State Funds.
#28A Authorized Division of Parks and Recreation to enter into a contract with Elizabeth Durfee-Hengen, Concord, NH, for a historical survey of Umbagog State Park in the amount of $5,400. Effective upon G&C approval through April 30, 2008. 100% General Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#29 Authorized to adjust the budget previously approved for the original grant (approved by G&C on 2-25-05), by rebudgeting the funds between the classes as detailed in letter dated January 3, 2008, for the best use of available funding.
#30 Authorized to amend a sole source contract with Woodard & Curran Environmental Services Inc., Portland, ME, (previously approved by G&C on 8-22-07, item #159), for engineering services to complete a 5-year review for the Keefe Environmental Services Hazardous Waste site, by increasing the amount by $50,000 from $3,998,714 to $4,048,714. Effective upon G&C approval.
#31 Authorized to retroactively amend a Local Source Water Protection grant to the Milton Water District, Milton, NH, (previously approved by G&C on 3-8-06, item #49, amended on 6-27-07, item #106), to complete a project to better protect drinking water from contamination, by extending the completion date to September 30, 2008 from December 31, 2007.
#32 Authorized to award grants to the entities as detailed in letter dated January 3, 2008, for purposes of used oil collection. Effective upon G&C approval through January 16, 2009. 100% Other Funds.
#33 Authorized to amend an agreement with the Lamprey River Watershed Association Inc., Lee, NH, by modifying Exhibit C to allow the LRWA to employ a part-time employee of the DES project coordinator for the Assessment of Physical Factors Affecting Water Quality in the Lamprey River project. Effective upon G&C approval.
#34 Authorized to retroactively enter into a memorandum of agreement with the University of NH, Office of Sponsored Research, Durham, NH, in the amount of $60,000 to carry out activities to implement portions of the NH Estuaries Project Management Plan. Effective January 1, 2008 through Decmeber 31, 2008. 100% Other Funds.
#35 Authorized to approve a Supplemental Loan Agreement with the City of Rochester for construction of the Homemakers Sewer Extension in the amount of $341,373.13. Effective upon G&C approval.
#36 Authorized to reclassify position #12042 Program Assistant I, labor grade 12 to Accounting Technician, labor grade 12. 72% General, 28% Other Funds.
#37 Authorized Town of Newinton’s request to conduct necessary repair/reconstruction at the Newington Town Landing, including: reconstructing the existing deteriorated boat ramp by replacing deteriorated surface with concrete planks; repairing in-kind existing granite seawall, including cutting back in one section of eroded fill extension in the upland tidal buffer zone, and resetting all existing granite, and; installing of new rip-rap to stabilize and protect eroded and undercut natural shoreline and to prevent further erosion and loss of mature trees critical as habitat for wintering bald eagles.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
Bureau
of Elderly & Adult Services
#38 Authorized to amend an existing agreement with Lakes Region Partnership for Public Health Inc., Laconia, NH (previously approved by G&C on 12-7-05, item #77, amended on 4-19-06, item #64, amended on 12-12-06, item #134, amended no 6-13-07, item #344), to provide a cost of living increase for information and referral and assessment and counseling services provided by the ServiceLink Resource Center of Belknap County and one time relocation costs, by increasing the amount by $14,060.08 from $699,939.45 to $713,999.53. Effective retroactive to July 1, 2007 through June 30, 2009. 17% Federal, 83% General Funds.
#39 Authorized to amend an existing agreement with Tri-County Community Action Program Inc., Berlin, NH (previously amended by G&C on 6-13-07, item #343), acting as fiscal agent to ServiceLink Resource Center of Coos County, to provide cost of living increases for information and referral and assessment and counseling services, by increasing the amount by $8,060.08 from $863,521.40 to $871,581.48. Effective retroactive to July 1, 2007 through June 30, 2009. 29% Federal, 71% General Funds.
#40 Authorized to provide Senior Wellness Programming Initiative grant awards as detailed in letter dated January 9, 2008, in an amount not to exceed $2,500 per grant award to twenty-three senior centers and the NH Association of Senior Centers for a total of $60,000. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#41 Authorized to reclassify position #11609 Youth Counselor I, salary grade 11 to Program Planning and Review Specialist, salary grade 28. 100% Federal Funds.
#42 Authorized to amend an existing sole source agreement with Southern NH Services, Inc., Manchester, NH (previously amended by G&C on 1-16-08, item #96), to provide elderly residents with disaster assistance grant funds for recovery activities associated with the April 2007 severe weather event. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.
Division of Public Health Services
#43 Authorized Bureau of Community Health Services, Sexually Transmitted Disease and Human Immunodeficiency Virus Section to reclassify position #18986 Assistant State Epidemiologist, salary grade 23 to Health Promotion Advisor, salary grade 23. 100% Federal Funds.
#44 Authorized Bureau of Disease Control and Health Statistics, Food Protection Section to reclassify position #42885 Licensing and Evaluation Coordinator, salary grade 20 to Program Specialist III, salary grade 23. 85.5% Federal, 14.5% General Funds.