GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

                                                                                February 7, 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 Shea, seconded by Councilor Burton, accepted the minutes of January 24, 2007.

 

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 24, 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

 

Public Employees Labor Relations Board

(Alternate Member/Management)

Carol M. Granfield , Meredith                                                                            Effective:  Upon acceptance

 

Commissioner of the Department of Transportation

Carol A. Murray, Epsom                                                                                     Effective:  March 1, 2007

 

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

State Committee on Aging

(Strafford County)

Joanne A. Dodge, (d), Dover                                                                             Effective:  February 7, 2007

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:  February 7, 2007

Reappointment                                                                                                     Term:  January 28, 2010

 

New Hampshire Council on the Arts

Sara W. Germain, Dublin                                                                                     Effective:  February 7, 2007

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

 

New Hampshire Council on the Arts

Robert J. Begiebing, Newfields                                                                          Effective:  February 7, 2007

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

 

New Hampshire Council on the Arts

Dorothy J. Yanish, Peterborough                                                                      Effective:  February 7, 2007

Reappointment                                                                                                     Term:  November 23, 2011

 

Compensation Appeals Board

(Employer-Insurer)

Maureen E. Dwyer-Heinrichs, Kingston                                                          Effective:  February 7, 2007

Reappointment                                                                                                     Term:  January 1, 2010

 

Compensation Appeals Board

(Attorney)

John C. Emery, Bedford                                                                                      Effective:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

Reappointment                                                                                                     Term:  January 1, 2010

 

State Board of Education

(District 4)

Stephen R. L’Heureux, Hooksett                                                                       Effective:  February 7, 2007

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

 

Juvenile Parole Board

Kelly Stoller, Milford                                                                                           Effective:  February 7, 2007

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

 

Juvenile Parole Board

(Alternate Member)

Yvonne M. Vissing, Durham                                                                              Effective:  February 7, 2007

Vacancy                                                                                                                 Term:  February 7, 2012

 

Board of Medicine

(Public Member)

Gail A. Barba, Concord                                                                                       Effective:  February 7, 2007

Vacancy                                                                                                                 Term:  February 7, 2012

 

State Commission on the Status of Men

Scott A. Garman, Dover                                                                                      Effective:  February 7, 2007

Reappointment                                                                                                     Term:  September 1, 2007

 

Board of Mental Health Practice

(Pastoral Psychotherapist)

David L. Sundell, Salem                                                                                      Effective:  February 7, 2007

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

 

Oil Fund Disbursement Board

(Public Member)

Ronald R. Poirier, Manchester                                                                           Effective:  February 7, 2007

Succeeding:  James Connolly, Jr. (resigned)                                                   Term:  January 1, 2008

 

Skyhaven Airport Commission

(Public Member)

William S. Richard, Durham                                                                                Effective:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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:  February 7, 2007

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

 

NOMINATIONS

The Governor placed into nomination the following:

 

New Hampshire State Council on the Arts

Robert Duff, Etna                                                                                                 Effective:  Upon confirmation

Succeeding:  William Hallager, Lincoln                                                            Term:  October 14, 2011

 

Compensation Appeals Board

(Employers/Insurers)

Susan A. Jeffery, Manchester                                                                           Effective:  Upon confirmation

Reappointment                                                                                                     Term:  February 9, 2010

 

Compensation Appeals Board

(Employer/Insurer)

Thomas F. Parks, Jr., Dover                                                                                Effective:  Upon confirmation

Succeeding:  Robert E. Hynes, Dover                                                              Term:  January 1, 2010

 

Connecticut River Valley Resource Commission

(Statewide Conservation Organization)

Robert W. Christie, Lancaster                                                                            Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 22, 2010

 

Director: Division of the Arts/Department of Cultural Resources

Nominated by the Commissioner of the Department of Cultural Resources

Rebecca L. Lawrence, Concord                                                                         Effective:  March 11, 2007

Reappointment                                                                                                     Term:  March 11, 2011

Salary:  DD - $66,830

 

State Board of Education

(District 5)

Helen G. Honorow, Nashua                                                                                Effective:  Upon confirmation

Succeeding:  Debra Hamel, Keene (resigned)                                                 Term:  January 31, 2008

 

Board of Registration of Funeral Directors and Embalmers

(Public Member)

Gregory A. Moffett, Bow                                                                                    Effective:  Upon confirmation

Succeeding:  John A. Curran, Londonderry                                                    Term:  November 25, 2011

 

Board of Land Surveyors

(Public Member)

Richard W. Bond, Merrimack                                                                             Effective:  Upon confirmation

Succeeding:  Linda Capuchino, Manchester (reached term limit)                Term:  February 3, 2012

 

Board of Optometry

(Public Member)

Joyce E. Egge, Danbury                                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 20, 2012

 

Pari-Mutuel Commission

(Thoroughbred, Harness Horse Racing Interests)

Michael J. Gatsas, Manchester                                                                          Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 21, 2010

 

Physical Therapy Governing Board

(Public Member)

André A. Martel, Manchester                                                                           Effective:  Upon confirmation

Succeeding:  Elizabeth Cary, Derry (reached term limit)                                Term:  October 28, 2009

 

Public Employees Labor Relations Board

(Alternate Member representing Management)

Sanford Roberts, Portsmouth                                                                            Effective:  Upon confirmation

Succeeding:  Carol Granfield, Meredith                                                            Term:  December 19, 2009

 

Telecommunications Development and Advisory Commission

(Industry)

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

Christopher K. Hodgdon, Nashua                                                                    Effective:  Upon confirmation

Succeeding:  Terry Hicks, Gilford                                                                      Term:  November 9, 2009

 

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

Vacancy                                                                                                                 Term:  October 18, 2007

 

Commissioner of the Department of Transportation

Charles P. O’Leary, Hopkinton, MA                                                                 Effective:  March 19, 2007

Succeeding:  Carol A. Murray, Epsom                                                             Term:  December 3, 2007

Salary:  LL - $105,396

 

Board of Managers of the New Hampshire Veterans’ Home

(American Legion)

Robert J. Wyman, Keene                                                                                    Effective:  Upon confirmation

Reappointment                                                                                                     Term:  March 1, 2012

 

Waste Management Council

(Representative of private industries that generate hazardous waste)

Ronald Allard, Barrington                                                                                  Effective:  Upon confirmation

Reappointment                                                                                                     Term:  August 22, 2010

 

 

                                COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

 

#1            Authorized to enter into an agreement with the Town of Hudson, NH, for the purpose of installing new water mains, waterlines, and wastewater lines in the 31 unit Otarnic Pond Cooperative manufactured housing community for connection to Hudson’s municipal system in the amount of $358,600.  Effective upon G&C approval through December 31, 2008.  100% Federal Funds. 

 

#2            Authorized to enter into an agreement with the Town of Greenfield, NH, for the purpose of constructing a subsurface disposal system which will serve 175 units of housing in the amount of $500,000.  Effective upon G&C approval through December 31, 2008.  100% Federal Funds. 

 

#2A        Authorized to enter into an agreement with the Town of Farmington, NH, for the purpose of supporting ongoing operations of Samco, Inc., in the amount of $360,000.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

#2B         Authorized to enter into an agreement with the Town of Gorham, NH, for the purpose of supporting the expansion of operations of Steel Elements, Inc., in the amount of $400,000.  Effective upon G&C approval through December 31, 2008.  100% Federal Funds. 

 

                                OFFICE OF ENERGY AND PLANNING

#3            The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to enter into a memorandum of agreement with DOT for the purpose of administering seven scenic byways projects as detailed in letter dated January 26, 2007, in the amount of $625,709.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

                                OFFICE OF INFORMATION TECHNOLOGY

#4            The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea and with Councilor Pignatelli voting no, authorized the request to enter into a sole source retroactive contract with New Horizons Software, Inc., Lowell, MA, to maintain and support the Municipal Agent Automation Project printers located in approximately 120 town offices, in the amount of $4,698.  Effective July 1, 2006 through August 18, 2006.  100%Other Funds. 

 

                                OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

 

#5            Authorized Wayne W. Santos, Fort Greely, AK, be nominated for appointment to the rank of Major, NH Army National Guard.  This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified. 

 

#6            Authorized David J. Mikolaities, Portsmouth, NH, be nominated for appointment to the rank of Major, NH Army National Guard.  This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified. 

 

#7            Authorized John Mirabello, Belmont, NH, be nominated for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. 

 

#8            Authorized to accept and expend additional federal funds in the amount of $1,653,236 from the federal government (National Guard Bureau) as part of the five-year Federal-State Master Cooperative Agreement to cover the cost of minor construction projects at NH Army National Guard from February 1, 2007 through June 30, 2007.  These cost for the NH Army National Guard minor construction projects shall be reimbursed 100% by the federal government.  100% Federal Funds.  Fiscal committee approved. 

 

#9            Authorized to amend a lease agreement with Gerald P. McCarthy Properties, Wareham, MA, for the lease of 10,317 square feet of office space located at 57 Regional Drive, Concord, NH, for up to six additional months from June 1, 2007 to no later than November 30, 2007.  The Adjutant General’s Office wishes to maintain occupancy in the premises until the new Joint Force Headquarters on the State Military Reservation in Concord is ready for occupancy. 100% Federal Funds. 

 

#10          Authorized to accept donations of bricks and monument engravings for memorial walkway, computer services, public address system accessories and repairs to roads at the cemetery in the amount of $1,892.95 for the NH State Veterans Cemetery to be used for the betterment of the cemetery. 

 

#11          Authorized to accept and expend monetary contributions in the amount of $1,950 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.  These donations were received during the period of December 14, 2006 through January 2, 2007.

 

                                DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

 

#12          Authorized to accept an offer from F.A. Bartlett Tree Expert Company to donate and plant one sugar maple tree at the Bridges House on Mountain Road in Concord, NH.

 

#13          Authorized to pay Hansen-Fox Company Inc., Manchester, NH, for emergency sewer repairs that were performed at the State House, Concord, NH, in mid-December 2006 in the amount of $18,114.54.  100% General Funds. 

 

#13A      Authorized to transfer funds up to $25,000 within departments not to exceed the total amounts of funds available.  (2)Further Authorized to make a report monthly of all such transfers to G&C for their final approval.

 

                                TREASURY DEPARTMENT

#14          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 $11,966.93 to the rightful owners of abandoned or unclaimed funds.  100% General Funds. 

 

                                DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

#14A      The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Pignatelli authorized the request Division of Animal Industry to accept and expend grant funds from the USDA Animal and Plant Health Inspection Services to be used to identify, educate, assist, test and document groups of birds that are presently unidentified and at risk for undetected Highly Pathogenic Avian Influenza in the amount of $28,500.  Effective upon G&C approval through April 30, 2007.  100% Federal Funds. 

 

                                DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

 

#15          Authorized Division of Arts to enter into an agreement with Gene Matras, Pittsfield, for the creation of artwork for the NH Folklife Website in the amount of $3,000.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

#16          Authorized to enter into a memorandum of agreement with the Department of Education to disseminate information on the Achievement of Drop-Out Prevention and Excellence project (APEX II) to parents and community leaders in the amount of $15,000.  Effective upon G&C approval through December 31, 2008.  (2)Further Authorized to accept anticipated funding in the amount of $15,000 as noted above.  100% Federal Funds. 

 

#17          Authorized Division of Arts to award an Organizational Support Project Planning Grant in the amount of $5,650 to North Country Studio Conference, Deerfield.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

#18          Authorized Division of Arts to award Community Arts Project grants totaling $6,825 to the organizations as detailed in letter dated January 18, 2007.  Effective upon G&C approval through June 30, 2007.  100% General Funds. 

 

#19          Authorized Division of Arts to award an Organizational Support American Masterpieces Grant in the amount of $3,400 to League of NH Craftsmen Inc., Concord.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

#20          Authorized Division of Arts to award Operating Grants totaling $29,750 to the organizations as detailed in letter dated January 18, 2007.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

                                ATTORNEY GENERAL

The Governor and Council acted as follows:

 

#21          Authorized to designate Jacqueline Rompre, as an attorney at a salary of $48,000.  Effective upon G&C approval. 

 

#22          Authorized to appoint David J. Hilts as an Assistant Attorney General, at a salary level of $61,100.  Mr. Hilts will be occupying a position with a five year term that expires November 21, 2011.

 

#23          Authorized to reclassify position #19809, from Accountant II, labor grade 18 to Business Administrator II, labor grade 24.  Effective upon G&C approval.

 

#24          Authorized to increase funding for the purpose of renewing a consultant contract to catalogue evidence and other related services at the Office of the Chief Medical Examiner.  (2)Further Authorized on behalf of the Office of the Chief Medical Examiner to accept and expend a grant from the NH Department of Justice in the amount of $40,957 to be used to assist the Office of the Chief Medical Examiner in contract staffing and equipment purchase.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds.  Fiscal committee approved. 

 

#25          Authorized to establish one part-time consultant for the provision of legal advice to the NH Secretary of State to support the preparation of an up-to-date manual on the privileges, duties, and responsibilities of Notaries Public and Justices of the Peace in NH.  (2)Further Authorized a memorandum of understanding with the Secretary of State which sets forth the terms and conditions whereby the Secretary of State will fund a contract attorney in the amount of $15,000 to provide legal research, prepare memoranda of law, and draft a Notary Public/Justice of the Peace policy and procedure manual.  (3)Further Authorized to accept and expend funds for the contract attorney above in the amount of $15,000.  (4)Further Authorized to enter into a sole source contract with Dianne Martin, Concord, NH, to provide legal research, prepare memoranda of law, and draft a Notary Public/Justice of the Peace Policy and procedure manual on behalf of the Secretary of State in an amount not to exceed $15,000.  Effective upon G&C approval through June 30, 2007.  Fiscal committee approved. 

 

#26          Authorized to accept and place on file the Annual Report on the Drug Forfeiture Fund.  Fiscal Committee approved. 

 

#27          Authorized to conduct a multidisciplinary summit for professionals from around the State entitled “Statewide School Violence Summit” to be held on April 10, 2007 at The Courtyard Marriott – Grappone Conference Center, Concord, NH, at a cost not to exceed $19,635.  This figure reflects the anticipated printing costs and supplies, presenter fees and hotel facility costs.  (2)Further Authorized to enter into an agreement with The Courtyard Marriott – Grappone Center in an amount not to exceed $15, 815.  Effective upon G&C approval through April 30, 2007 for the necessary conference facilities and food services, as part of the cost above.  100% Federal Funds. 

 

#28          Authorized to enter into a subgrant for $3,913.20 with UNH Police Department, c/o UNH Office of Sponsored Research to May 31, 2007 for increased enforcement of NH’s underage drinking laws.  100% Federal Funds. 

 

#29          Authorized to conduct a daylong pre-conference training for multidisciplinary sexual response teams (SART) scheduled for June 6, 2007, entitled “Second Statewide SART Training” and a two-day advanced training conference scheduled for June 7-8, 2007, entitled “The Thirteenth Statewide Conference on Domestic and Sexual Violence and Stalking”, both to be held at Attitash Grand Summit Hotel in Bartlett, NH, at a cost not to exceed $83,815.  This amount will be paid in part from registration fees, paid by up to 300 attendees.  (2)Further Authorized to accept and expend registration fees for the two-day advanced training conference above in the amount of $125 from each of the 300 participants, for a total amount of $37,500, to help defray the cost of this conference and facility expenses.  Effective upon G&C approval through September 30, 2007.  (3)Further Authorized to enter into an agreement with Attitash Grand Summit Hotel in an amount not to exceed $64,315 for the day-long pre-conference SART training, and the two-day advanced training conference as part of the cost above.  Effective upon G&C approval through July 31, 2007.  (4)Further Authorized to enter into a sole source contract with Patricia Bland to conduct a keynote address and four seminars.  The contract covers preparation time, travel time, conducting the keynote address and seminars, and travel expenses for the Thirteenth Statewide Conference on Domestic and Sexual Violence and Stalking at a cost not to exceed $4,200.  Effective upon G&C approval through July 31, 2007.  44.7% Other, 55.3% Federal Funds. 

 

                                EMPLOYMENT SECURITY

The Governor and Council acted as follows:

 

#30          Authorized to continue one Program Specialist I, position #8T992, salary grade 19 through June 30, 2007 at an estimated cost of $11,158.  100% Federal Funds. 

 

#31          Authorized to continue one Program Specialist I, position #8T069, salary grade 19 through June 30, 2007 at an estimated cost of $14,251.  100% Federal Funds. 

 

#32          Authorized to continue one Program Assistant I, position #8T172, salary grade 12 through June 30, 2007 at an estimated cost of $7,446.  100% Federal Funds. 

 

#33          Authorized to continue one Grants Program Coordinator, position #8T070, salary grade 23 through June 30, 2007 at an estimated cost of $12,259.  100% Federal Funds. 

 

#34          Authorized to enter into a sole source contract with Regional Economic Models Inc., Amherst, MA, to provide service and maintenance of four NH Policy Insight models developed by REMI for NHES’s Economic and Labor Market Information Bureau in the amount of $35,200.  Effective upon G&C approval through February 28, 2008.  100% Federal Funds. 

 

#35          Authorized to enter into a contract with ABC Moving & Storage Co., LLC, Hudson, NH, to provide general moving and storage services at NHES’s offices statewide in the amount of $35,000.  Effective upon G&C approval through June 3