GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                Division of Children, Youth and Families, Manchester, NH

                                                                                October 3, 2007, 10:00 a.m.

 

The Governor and Executive Council convened at 10:00 a.m. with all members present.

 

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Shea, accepted the minutes of September 19, 2007.

 

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Hollingworth approved the appointment of several persons nominated for Civil Commissions from the September 19, 2007 meeting.

 

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

 

RESIGNATIONS

The Governor and Council, with regret, accepted the following resignations:

 

Board of Barbering, Cosmetology and Esthetics

(Cosmetologist)

Sheila Osborn, Amherst                                                                                      Effective:  October 3, 2007

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

Adult Parole Board

Megan C. DeVorsey, Concord                                                                          Effective:  October 3, 2007

Succeeding:  Cecile Hartigan, Concord (resigned)                                        Term:  March 15, 2010

 

Assessing Standards Board

Nominated by the Association of Assessing Officials

Scott W. Bartlett, Manchester                                                                           Effective:  October 3, 2007

Reappointment                                                                                                    Term:  September 19, 2009

 

Assessing Standards Board

(Public Member)

Leonard Gerzon, Amherst                                                                                 Effective:  October 3, 2007

Reappointment                                                                                                    Term:  September 19, 2009

 

Assessing Standards Board

Nominated by the Association of Assessing Officials

(Assessing Official for a City)

Stephan W. Hamilton, Salem                                                                           Effective:  October 3, 2007

Succeeding:  David M. McMullen, Gilmanton                                              Term:  September 19, 2009

 

Assessing Standards Board

(Assessing official for a town with a population of less than 5,000)

Nominated by the New Hampshire Association of Assessing Officials

Todd Haywood, Concord                                                                                  Effective:  October 3, 2007

Succeeding:  Gregory Heyn, Milford                                                               Term:  September 19, 2009

 

Assessing Standards Board

Nominated by the New Hampshire Association of Assessing Officials

(Assessing official for a town with a population of more than 5,000)

Joseph W. Lessard, Jr., Salem                                                                           Effective:  October 3, 2007

Succeeding:  James A. Michaud, Hooksett                                                    Term:  September 19, 2009

 

Assessing Standards Board

(Municipal official of a town with a population of less than 5,000)

Eric G. Stohl, Colebrook                                                                                     Effective:  October 3, 2007

Reappointment                                                                                                    Term:  September 17, 2009

 

Assessing Standards Board

(Public Member)

Thomas N. Thomson, Orford                                                                            Effective:  October 3, 2007

Reappointment                                                                                                    Term:  September 19, 2009

 

Christa McAuliffe Planetarium Commission

Paul A. Burkett, Bow                                                                                          Effective:  October 3, 2007

Succeeding:  Gregory G. Carson, Londonderry                                             Term:  September 19, 2010

 

Board of Court Reporters

Alix M. Godbout, Center Harbor                                                                      Effective:  October 3, 2007

Vacancy                                                                                                                Term:  October 3, 2010

 

Board of Court Reporters

Camille M. Palladino-Duffy, Somersworth                                                    Effective:  October 3, 2007

Vacancy                                                                                                                Term:  October 3, 2012

 

Board of Court Reporters

(Attorney)

Thomas H. Richards, Sunapee                                                                         Effective:  October 3, 2007

Vacancy                                                                                                                Term:  October 3, 2008

 

Board of Court Reporters

Michele R. York, Candia                                                                                   Effective:  October 3, 2007

Vacancy                                                                                                                Term:  October 3, 2009

 

Economic Development Matching Grants Program Steering Committee

Nominated by the New Hampshire Municipal Association

Robert M. Belmore, Dover                                                                                Effective:  October 3, 2007

Succeeding:  Keith Hickey, Bedford                                                               Term:  September 8, 2009

 

Equalization Standards Board

(Assessing official for a town with a population of less than 5,000)

Nominated by the New Hampshire Association of Assessing Officials

Robert A. Estey, Rochester                                                                                Effective:  October 3, 2007

Succeeding:  Richard A. Vincent, Hill                                                              Term:  September 19, 2009

 

Equalization Standards Board

(Assessing official for a town with a population of more than 5,000)

Nominated by the New Hampshire Association of Assessing Officials

Robert J. Gagne, Manchester                                                                            Effective:  October 3, 2007

Succeeding:  Stephan W. Hamilton, Salem                                                    Term:  September 19, 2009

 

Board of Professional Geologists

John E. Cotton, East Andover                                                                          Effective:  October 3, 2007

Reappointment                                                                                                    Term:  October 4, 2012

 

New Hampshire Housing Finance Authority

(Public Member)

Amy L. Lockwood, (i), Concord                                                                       Effective:  October 3, 2007

Succeeding:  David Haney, Bow (resigned)                                                   Term:  July 1, 2008

 

Board of Licensure of Interpreters for the Deaf and Hard of Hearing

(Recommended by the New Hampshire Registration of Interpreters for the Deaf)

Terry  Linehan, Amherst                                                                                    Effective:  October 10, 2007

Succeeding:  Karen Braz, Weare (reached term limit)                                 Term:  October 10, 2010

 

Board of Licensure of Interpreters for the Deaf and Hard of Hearing

(Recommended by the New Hampshire Registration of Interpreters for the Deaf)

Karen L. Phillips, Londonderry                                                                         Effective:  October 10, 2007

Succeeding:  Jack Hoza, Newburyport, MA (reached term limit)              Term:  October 10, 2010

 

Pharmacy Board

George L. Bowersox, Hudson                                                                           Effective:  October 3, 2007

Reappointment                                                                                                    Term:  September 7, 2012

 

State Radiation Advisory Committee

(Physical Science)

James J. Cherniack, Derry                                                                                 Effective:  October 14, 2007

Reappointment                                                                                                    Term:  October 14, 2011

 

State Radiation Advisory Committee

(Medical)              

Edward J. Farmlett, Laconia                                                                             Effective:  October 14, 2007

Reappointment                                                                                                    Term:  October 14, 2011

 

State Radiation Advisory Committee

(Industry)

Kenneth E. Mayo, Nashua                                                                                Effective:  October 14, 2007

Reappointment                                                                                                    Term:  October 14, 2011

 

Real Estate Appraisers Board

(Representative of a New Hampshire Lending Institution)

Richard M. Wallis, Dover                                                                                   Effective:  October 3, 2007

Succeeding: Robert E. Curtis, Laconia                                                            Term:  August 12, 2010

 

Telecommunications Planning and Development Advisory Committee

(Industry)

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

Teresa R. Rosenberger, Concord                                                                      Effective:  October 3, 2007

Vacancy                                                                                                                Term:  October 3, 2010

 

 

NOMINATIONS

The Governor placed into nomination the following:

 

Board of Acupuncture Licensing

(Acupuncturist)

Sheryl Wookey, Hampton                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 14, 2010

 

Board of Architects

(Public Member)

Ty Gagne, Holderness                                                                                        Effective:  Upon confirmation

Succeeding:  Edward S. Kelly, Bedford                                                          Term:  September 9, 2012

 

Christa McAuliffe Planetarium Commission

Erle Pierce, Bow                                                                                                   Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 10, 2010

 

Dropout Prevention and Dropout Recovery Oversight Council

George A. Cushing, Milton                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 8, 2009

 

Economic Development Matching Grants Program

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

James T. McKim, Jr., Goffstown                                                                      Effective:  Upon confirmation

Succeeding:  Jennifer Quinlan, Portsmouth                                                    Term:  September 8, 2010

 

Equalization Standards Board

(Public Member)

Richard H. Rugg, Greenland                                                                             Effective:  Upon confirmation

Reappointment                                                                                                    Term:  September 19, 2010

 

Lakes Management Advisory Committee

(Member of a Conservation Commission)

Nominated by the New Hampshire Association of Conservation Commissions

Diane Hanley, Laconia                                                                                      Effective:  Upon confirmation

Succeeding:  Marsha Lavallee Huntoon, Wakefield                                    Term:  August 22, 2010

 

Advisory Committee on Marine Fisheries

Peter A. Whalen, Portsmouth                                                                            Effective:  Upon confirmation

Reappointment                                                                                                    Term:  September 29, 2010

 

Occupational Therapy Governing Board

(Public Member)

Barbara D. Richardson, Concord                                                                     Effective:  Upon confirmation

Succeeding:  Jeffrey D. Spill, Dunbarton                                                        Term:  August 18, 2010

 

Public Employee Labor Relations Board

(Labor)

E. Vincent Hall, Nashua                                                                                     Effective:  October 29, 2007

Reappointment                                                                                                    Term:  October 29, 2013

 

Public Water Access Advisory Board

(Power Boating)

Paul F. Blizzard, Laconia                                                                                   Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Public Water Access Advisory Board

(Governor’s Commission on Disability)

Cheryl L. Killam, Newton                                                                                  Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Public Water Access Advisory Board

(Fishing)

Richard D. Smith, Hancock                                                                              Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Associate Justice:  Superior Court

Kenneth C. Brown, Manchester                                                                       Effective:  Upon confirmation

Term:  Until 70 years of age

 

Associate Justice:  Superior Court

Diane M. Nicolosi, Concord                                                                              Effective:  Upon confirmation

Term:  Until 70 years of age

 

Associate Justice:  Superior Court

Brian  T. Tucker, Hopkinton                                                                             Effective:  Upon confirmation

Term:  Until 70 years of age

 

Telecommunications Development and Advisory Commission

(Large Business Telecommunications User)

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

Jeffrey J. Rose, Manchester                                                                              Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 18, 2010

 

Warden: New Hampshire State Prison for Women

Nominated by the Commissioner of the Department of Corrections

Joanne Fortier, Bow                                                                                            Effective:  Upon confirmation

Vacancy                                                                                                                Term:  Serves at Commissioners pleasure

Salary:  FF (Max) $76,852.00

 

New Hampshire Water Well Board

(Public Member)

Christopher L. Covel, Lyndeborough                                                              Effective:  Upon confirmation

Reappointment                                                                                                    Term:  September 15, 2010

 

Advisory Council on Workers Compensation

(Representing Self-Funded Employers)

Jonathan G. Steiner, Bradford                                                                          Effective:  October 18, 2007

Reappointment                                                                                                    Term:  October 18, 2010

 

 

                                OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

 

#1           Authorized to accept and expend federal funds in the amount of $46,106.50 from the US Department of Energy, State Energy Program grant for the 25x25 Renewable Energy Plan initiative.  Effective upon G&C approvals through June 30, 2008.  100% Federal Funds. 

 

#2           Authorized to enter into a contract with Innovative Natural Resource Solutions LLC, Antrim, NH, for the purpose of developing the State’s 25x25 Renewable Energy Plan in partnership with OEP, the Department of Environmental Services, and the Department of Resources and Economic Development in the amount of $38,940.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

#3           Authorized to enter into a contract with the NH Minority Health Coalition, Manchester, NH, for the purpose of conducting cultural competency trainings in the Manchester School District in the amount of $5,000.  Effective upon G&C approval through August 14, 2008.  100% Federal Funds. 

 

                                OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

 

#4           Authorized Teresa L. Bascom, Nottingham, NH, be confirmed for appointment 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.

 

#5           Authorized Major Randall F. Dyer, Kittery Point, ME, be confirmed for promotion to the rank of Lieutenant Colonel, NH Air National Guard.

 

#6           Authorized Major John W. Pogorek, Strafford, NH, be confirmed for promotion to the rank of Lieutenant Colonel, NH Air National Guard.

 

#7           Authorized Captain William A. Wilson, Danville, NH, be confirmed for promotion to the rank of Major, NH Air National Guard. 

 

#8           Authorized Captain Eric B. Hogancamp, Bradford, NH, be confirmed to the rank of Major, NH Army National Guard.

 

                                TREASURY DEPARTMENT

#9           The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Burton authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $57,630.61 to the rightful owners of abandoned or unclaimed funds.

 

                                DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

 

#10         Authorized to award a Conservation Number Plate Grant in the amount of $7,492 to the City of Manchester, NH, for the preservation of City of Manchester Records of the School Committee in the amount of $7,492.  Effective upon G&C approval through June 30, 2008.  100% Other Funds. 

 

#11         Authorized to award Conservation Number Plate Grants to the organizations as detailed in letter dated September 14, 2007, totaling $56,150.  Effective upon G&C approval through June 30, 2008.  100% Other Funds. 

 

#12         Authorized to award a Conservation Number Plate Grant to the Town of Deering in the amount of $10,000 for the program entitled Deering’s Story.  Effective upon G&C approval through June 30, 2008.  100% Other Funds. 

 

#13         Authorized to award a Conservation Number Plate Grant in the amount of $10,000 to the Town of Newbury, for the Conservation of Newbury Town Book “C”.  100% Other Funds. 

 

#14         Authorized Division of Arts to award Traditional Arts Apprenticeship Grants totaling $8,940 to the artists as detailed in letter dated September 13, 2007.  Effective upon G&C approval through June 30, 2008.  100% General Funds. 

 

#15         Authorized Division of Arts to award Traditional Arts Apprenticeship Grants totaling $5,996 to the artists as detailed in letter dated September 13, 2007.  Effective upon G&C approval through June 30, 2008.  33% General, 67% Other Funds. 

 

#16         Authorized Division of Arts to award Operating Grants totaling $75,600 to the organizations as detailed in letter dated September 13, 2007.  Effective upon G&C approval through June 30, 2009.  100% General Funds. 

 

#17         Authorized Division of Arts to award two Arts in Education Partnership Grants totaling $13,500 to the Arts Alliance of Northern NH, Littleton.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

                                BOARD OF TAX AND LAND APPEALS

#18         FAILED - The Governor and Council with all Councilors voting no, failed to approve the request of a retroactive unencumbered payment in the amount of $546.33 to Riteway Carpet LLC, Concord, NH, for carpet installation.  77% General, 23% Other Funds. 

 

                                ATTORNEY GENERAL

The Governor and Council acted as follows:

 

#19         Authorized to retroactively amend the sole source contract with Charles A. Catanese, M.D., Smithtown, NY, a substitute medical examiner, by increasing the total by $50,000 from $35,000 to $85,000 to conduct autopsies as needed in the absence of the State Medical Examiner and the Deputy Chief Medical Examiner.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#20         Authorized to designate Francesca Stabile, as an attorney at a salary of $55,500.  Effective upon G&C approval.

 

#21         Authorized to designate Roberta J. O’Leary as an attorney at a salary of $68,000.  Effective upon G&C approval.

 

#22         Authorized to conduct a multidisciplinary training for professionals from around the State entitled “Invisible Threat: Creating a Multi Disciplinary Response to Stalking” to be held on November 15-16, 2007 at the Holiday Inn Concord, NH, at a cost not to exceed $26,733.  (2)Further Authorized to accept and expend registration fees for the training in the amount of $100 from each of an estimated 200 participants for a total amount not to exceed $20,000 to help defray the cost of this training and facility expenses.  Effective upon G&C approval through December 31, 2007.  (3)Further Authorized to enter into an agreement with the Holiday Inn, Concord, in an amount not to exceed $19,935 for the necessary conferences facilities and food services.  Effective upon G&C approval through November 30, 2007.  25% Federal, 75% Agency Income (Registration Fees). 

 

#23         Authorized to designate Rosemary Wiant as an attorney at a salary of $57,500.  Effective upon G&C approval.

 

#24         Authorized to designate Deborah B. Weissbard as an attorney at a salary of $70,000.  Effective upon G&C approval.

 

#25         DENIED – The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Wieczorek, voted to deny the petition of Brant Matthew Kurisko requesting a pardon hearing for the offense of Criminal Threatening.  The petitioner is not eligible for an annulment until April 10, 2017.

 

#26         DENIED – The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Hollingworth, voted to deny the petition of Jonathan Fauth requesting a pardon hearing for the offense of First Degree Assault.  The petitioner is not eligible for an annulment until December 11, 2020.

 

                                HIGHWAY SAFETY AGENCY

#27         The Governor and Council on motion of Councilor Burton, seconded by Councilor Hollingworth authorized the request to enter into a sole source contractual agreement with the NH Association of Broadcasters in the amount of $76,000 for the production and training of highway safety-related radio announcements.  Effective retroactive to October 1, 2007 through September 30, 2008.  100% Federal Funds. 

 

                                EMPLOYMENT SECURITY

#28         The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Shea authorized the request to accept and place on file the 2006-2007 Biennial Report.

 

                                PUBLIC UTILITIES COMMISSION

#29         The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Wieczorek authorized the request to accept and place on file the Biennial Report for the period ending June 30, 2007.

 

                                DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

 

#30         Authorized Division of Parks and Recreation to enter into a contract with ReserveAmerica Inc., Ballston Spa, NY for a Camping Reservation and Retail Management System in the amount of $351,380.  Effective upon G&C approval through October 31, 2011.  100% Park Funds. 

 

#31         Authorized to accept and place on file the report of transfer of funds for Cannon Mountain Ski area for the quarter ending September 30, 2007.

 

#32         Authorized Division of Parks and Recreation to retroactively pay the invoice from Nor’East Landscape Construction, Rye Beach, NH in the amount of $5,882.50 for emergency excavation work at Odiorne Point State Park on June 18, 2007.  100% Other Funds. 

 

#33         Authorized Division of Economic Development to enter into a contract with GDS Associates Inc., Marietta, GA in the amount of $45,000 for energy efficiency audits.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

                                NH FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

 

#34         Authorized to enter into a contract with Eastern Analytical Inc., Concord, NH, to perform wastewater monitoring chemical analysis at six fish hatchery facilities in the amount of $30,000.  Effective upon G&C approval through June 30, 2009.  100% Fish and Game Funds. 

 

#35         Authorized to enter into a contract with Fermata Inc., Austin, TX, to conduct a natural resources  inventory and develop a plan for a series of linked wildlife viewing sites in the Merrimack River Watershed that will be known as the Merrimack River Wildlife Heritage Trail for $9,950.  Effective upon G&C approval through January 15, 2008.  75% Federal, 25% Other (Donation) Funds. 

 

                                DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

 

#36         Authorized to enter into grant agreements with the entities as detailed in letter dated August 23, 2007, to fund Household Hazardous Waste collection projects totaling $14,829.47.  Effective upon G&C approval through June 30, 2008.  100% Other Funds. 

 

#37         Authorized to enter into a contract with Granite State Rural Water Association Inc., Penacook, NH, to provide technical assistance to small public water system in the amount of $90,000.  Effective upon G&C approval through September 30, 2008.  100% Federal Funds. 

 

#38         Authorized to amend a memorandum of agreement with the US Geological Survey, Pembroke, NH, (previously approved by G&C on 6-13-07, item #132), to continue evaluating the effectiveness of the remedial action at the OK Tool site, by increasing the amount by $25,000 from $109,900 to $134,900.  

 

#39         Authorized to enter into a sole source contract with SPECTRO Analytical Instruments Inc., Mahwah, NJ, for laboratory instrument maintenance in the amount of $29,400.  Effective upon G&C approval through August 31, 2010.  (2)Further Authorized to make an advance payment to SPECTRO Analytical Instruments Inc., in the amount of $29,400 for the full cost of the maintenance contract.  100% Other Funds. 

 

#40         Authorized to expend funds not to exceed $181,538 to complete the reconstruction of Big Brook Bog Dam in Pittsburg on a force account basis (previously approved by G&C on 5-16-07, late item #E).  Effective upon G&C approval through June 30, 2009.  100% Other Funds. 

 

#41         Authorized to approve a loan agreement with the City of Portsmouth, in the amount of $4,000,000 to finance the Lincoln Area Sewer Separation.  Effective upon G&C approval.  80% Federal, 20% Capital Funds. 

 

#42         Authorized to approve a loan agreement with the Town of Exeter, in the amount of $485,000 to finance the Langdon Avenue Pumping Station Improvements.  Effective upon G&C approval.  80% Federal, 20% Capital Funds. 

 

#43         Authorized to approve a loan amendment with the City of Rochester, NH, to complete the South Main Street Sewer Replacement, by increasing the amount by $770,000 from $700,000 to $1,470,000.  Effective upon G&C approval.  80% Federal, 20% Capital Funds. 

 

#44         Authorized with Councilor Pignatelli voting no, to enter into a retroactive sole source contract with the Appalachian Mountain Club for the purpose of providing funding for AMC to support DES’ ambient air monitoring efforts in Coos County in the amount of $10,000.  Effective July 1, 2007 through June 30, 2009.  100% Federal Funds. 

 

#45         Authorized Wide Waters LLC’s request to remove an existing concrete boat ramp, construct two piling piers and four piling piers connected by a piling supported walkway accessed by a walkway, and drive four 3-pile ice clusters on frontage on Lake Winnipesaukee in Gilford.

 

#46         Authorized Eugene & Deborah Brewer’s request to reconfigure the existing breakwater docking system to a breakwater with a gap at the shoreline attached to a “W-shaped” docking system consisting of a cantilevered dock, a piling supported dock and a piling supported deck accessed  by a walkway, and restore access road with native vegetation on frontage in Alton on Lake Winnipesaukee.