GOVERNOR AND
EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive
Council convened at
The Governor and Executive
Council on motion of Councilor Wieczorek, seconded by
Councilor Burton, accepted the minutes of
The Governor and Executive
Council, on motion of Councilor Burton, seconded by Councilor Spaulding
approved the appointment of several persons nominated for Civil Commissions from
the
The Governor placed in nomination
the several persons who applied for Civil Commissions.
RESIGNATIONS
The Governor and Council accepted the following with regret:
Joint
Promotional Program Steering Committee
(Lodging)
Stephen
Barba, Concord Effective: Upon acceptance
Public
Water Access Advisory Board
(Fishing)
John
R. Cowan, Weare Effective: Upon acceptance
CONFIRMATIONS
The Governor and Council confirmed the following:
Artist Laureate
Nominated by the NH State Council
on the Arts
James Aponovich,
Hancock Effective:
Succeeding: M. Marguerite Mathews,
Board of
Barbering. Cosmetology and Esthetics
(Manicurist)
Deborah A. Booth,
Succeeding: Anne Dalton,
(Public member)
Glenn E. English,
Reappointment Term:
(Public member)
John B. Tucker,
Reappointment Term:
Economic Development Matching
Grants Program
Nominated by the
Bryan Christiansen,
Succeeding :
Economic Development Matching
Grants Program
Nominated by the
Larry Hersh,
Succeeding: Scott Flegal,
Equalization Standards Board
Nominated by the
Kathryn H. Temchack,
Succeeding: Guy Santagate,
Health Services Planning &
Review Board
(
Robert M. Chase,
Succeeding: William F. Sturtevant,
Lakes Management Advisory Committee
(Member representing Marine
Dealers Association)
Kenneth P. Wilson, Gilford Effective:
Succeeding Paul W. Goodwin,
Gilford Term:
State Lottery Commission
Richard J. Campbell, New
Reappointment Term:
Board of Medicine –
Councilor Pignatelli abstained.
Amy Feitelson,
MD,
Succeeding: Cynthia Cooper, MD,
Board of Mental Health
Practice
(Public member)
David J. Braiterman,
Succeeding: Michael Mortimer,
Milk Sanitation Board
(Milk Producer)
Martha C. Crete, Boscawen Effective:
Succeeding: Glenn Bohanan,
Contoocook Term:
Oil Fund Disbursement Board
(Representing Petroleum Refiners)
Thomas J. Frawley, Lyme Effective:
Reappointment Term:
Pari-Mutuel
Commission – Councilor Pignatelli voted no.
(Thoroughbred and Harness Horse Racing Interests)
Timothy J. Connors,
Reappointment Term:
Personnel Appeals Board
Joseph M. Casey,
Succeeding: Robert Preston, Seabrook (resigned) Term:
Residential Ratepayers
Advisory Board
(Representing interests of small
business owners)
Nathan Cass, Cornish Effective:
Succeeding Richard Stoner,
Department of Safety: Director
of the Division of Administration
Nominated by the Commissioner of
the Department of Safety
Wesley J. Colby,
Reappointment Term:
Salary: GG maximum - $80,376.00
Department of Safety: Director of the Division of Motor Vehicles
– Councilor Pignatelli voted no.
Nominated by the Commissioner of
the Department of Safety
Virginia C. Beecher, Bow Effective:
Reappointment Term:
Salary: II maximum - $92,729.00
Department of Safety: Director of the Division of State Police
Nominated by the Commissioner of
the Department of Safety
Frederick H. Booth, New
Reappointment Term:
Salary: II maximum - $92,729.00
Advisory Committee on Travel
and Tourism – Councilor
(Retail Industry)
Nominated by the Commissioner of
the Department of Resources and Economic Development
Eileen B. Freedman,
Succeeding: Nancy Kyle, Pembroke (resigned) Term:
as set pursuant
to RSA 4:4
TABLED
The Governor and Council on
motion of Councilor Pignatelli, seconded by Councilor
Spaulding, voted to table the
following confirmation:
Department of Education
(District 3)
Daphne A. Kenyon, Ph.D.,
Succeeding: William E. Boc,
NOMINATIONS
The Governor placed into
nomination the following:
Agricultural
Advisory Board
(
Jesse
Laflamme, Monroe Effective: Upon
confirmation
Succeeding: Lisa Knapton, Piermont (reached term limit) Term:
Aviation
Users Advisory Board
(General
Aviation)
Joseph
R. Brigham, Bow Effective: Upon
confirmation
Reappointment Term:
Rich
McLeod, Franconia Effective: Upon
confirmation
Succeeding: Kenneth B. MacLeod,
Fire
Standards and Training Commission
Nominated
by the
John
A. Maclean, Keene Effective: Upon
confirmation
Succeeding: Peter Russell, Meredith (no longer a
representative member of the Municipal Association)
Term:
Marital
Master: Administrative Office of the Courts
Diane
M. Nicolosi, Concord Effective: Upon
confirmation
Vacancy Term: 3 years from confirmation
New
Motor Vehicle Arbitration Board
Billie
Tooley, Portsmouth Effective: Upon
confirmation
Reapointment Term:
Pre-Engineering
Technology Advisory Council
(Public
Member)
Daniel
McGuire, Manchester Effective: Upon
confirmation
Succeeding: Michael Heffron,
Pre-Engineering
Technology Advisory Council
(Public
Member)
Bruce
D. Smith, PE, Hancock Effective: Upon
confirmation
Succeeding: William Johnson, Weare Term:
Public
Water Access Advisory Board
(Fishing)
Richard
Smith, Hancock Effective: Upon
confirmation
Succeeding: John Cowan, Weare Term:
Board
of Veterinary Medicine
Nominated
by the
Jennifer
Sula, DVM, Salisbury Effective: Upon confirmation
Succeeding: Craig Kelleher,
BUSINESS
FINANCE AUTHORITY
#1 The Governor and Executive Council on motion of Councilor
Burton, seconded by Councilor Wieczorek and further
on a roll call vote as follows: Councilor Burton – yes, Councilor Spaulding –
yes, Councilor Griffin – yes, Councilor Wieczorek –
yes, and Councilor Pignatelli – yes, authorized to
hold a Public Hearing with respect to the financing of a loan to Grafton County
Economic Development Council and North Country Council, Inc. for the benefit of
EXTRACT FROM
THE MINUTES OF THE MEETING OF THE
GOVERNOR AND
COUNCIL HELD ON
STATE HOUSE,
* * * * * *
At approximately
* * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING A LOAN UNDER RSA
162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF THE STATE OF
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 a loan by the
Authority
to Grafton County Economic Development Council and North Country Council, Inc.
(collectively, the "Borrower") in the original principal amount of up
to $1,500,000 to provide
financing
for construction and permanent financing for the Dartmouth Regional Technology
Center
in
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
Loan by the Authority upon the making of specific findings after public
hearing;
WHEREAS, the Governor and
Council will receive all the documentation and information with respect to the
proposed 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 Determination. On the basis of the documentation and
information received by the Governor and Council, after a public hearing, the
Governor and Council find:
a. Special Findings.
(i) The Loan in
consistent with local or regional development plans or policies.
b. General Findings.
(i) The
Loan that the Authority has proposed will serve a public use and provide a
public benefit.
(ii)
The Loan that the
Authority has proposed is within the policy of, and the authority conferred, by
RSA Chapter 162-A.
(iii)
The Loan that the Authority has
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 Loan that the Authority has proposed will promote the
orderly development of business activities, create or preserve employment
opportunities, or protect the physical environment.
2. Approval.
Governor and Council approve the Loan by the Authority as recommended by the
Authority and authorize the Authority to cause the execution and delivery of
the loan documents substantially in the form submitted to Governor and Council
and to take such further action as 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
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as
follows:
#2 Authorized to reclassify position #11110, Supervisor of
Computer Operation, labor grade 19, salary $30,342, to a Technical Support
Specialist III, labor grade 25, salary $39,195.
100% Other
Funds.
#3 Authorized to reclassify position #19493, Systems
Development Specialist IV, LG 30, ($48,867), to a Technical Support Specialist
VI, LG 32 ($53,508). 100% Other Funds.
#4 Authorized to reclassify position #10511, Data Control
Clerk III, LG 12 ($22,854), to a Supervisor of Computer Operations, LG 19
($30,342). 100% Other Funds.
#5 Authorized with Councilor Pignatelli
voting no, to enter into a sole source retroactive contract with
CBE Technologies Inc.,
OFFICE OF ENERGY AND PLANNING
#6 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Spaulding authorized the request to conduct a one day
conference on Saturday April 1, 2006 at the Radisson Hotel Manchester to
provide training to local land use board members for a total cost not to exceed
$15,158.29. (2)Further Authorized to
accept and expend registration fees to help defray the costs of the conference
above. (3)Further
Authorized to enter into an agreement with JPA Management III, d/b/a Radisson
Hotel,
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as
follows:
#7 Authorized under the Community
Development Block Grant program to enter into an agreement with the Town of
#8 Authorized under the Community
Development Block Grant program to enter into an agreement with the City of
Claremont, NH, for the purpose of constructing a child care facility in
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as
follows:
#9 Authorized that Peter L. Corey, Whitefield, NH, be
confirmed to the rank of Colonel, NH Army National Guard.
#10 Authorized that William K. Sylla,
#11 Authorized to enter into a lease renewal agreement with
Gerald P. McCarthy Properties,
#11A Authorized to accept donations of building parts &
supplies, equipment repairs & parts and temporary grave markers in the
amount of $1,364.94 for the NH State Veterans Cemetery to be used for the
betterment of the cemetery as detailed in letter dated
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as
follows:
#12 Authorized to accept and place on file the Report and
Findings of Councilor Ruth L. Griffin with regard to financing the
construction, renovation, furnishing and equipping of certain new facilities in
connection with Seacoast Hospice,
#13 Authorized to accept and place on file the Report and
Findings of Councilor Ruth L. Griffin with regard to financing the acquisition
of land, the construction, renovation, furnishing and equipping of certain new
facilities as well as the refinancing of certain existing indebtedness in
connection with The Mental Health Center for Southern NH d/b/a CLM Center for
Life Management, Salem, NH.
#14 Authorized to award a sum of $2,500 in individual amounts
of $500 each, to Joy Hotchkiss, Denise Smith, Leanne Topolosky,
Mary Lee Glidden and Jo Mercier of NH Employment Security. Effective upon G&C
approval.
#15 Authorized to accept and place on file the Report and
Findings of Councilor Raymond J. Wieczorek with
regard to financing the construction, renovation, furnishing and equipping of
certain facilities as well as the refinancing of certain existing indebtedness
in connection with
#16 Authorized to accept and place on file the Report and
Findings of Councilor Raymond J. Wieczorek with
regard to financing the construction, renovation, furnishing and equipping of
certain facilities in connection with The Trustees of the Currier Museum of
Art,
#17 Authorized to accept and place on file the adjustments to
agency’s quarterly allotments for the period through
#18 Authorized to reclassify position #41140 from Data Base
Administrator, labor grade 30, to Financial Data Specialist, labor grade 30.
#19 Authorized to amend a statewide contract with G4
Communications, Inc.,
#19A Authorized to enter into a second amendment of the existing
Prescription Drug Program Agreement with the Local Government Center
HealthTrust, LLC, to provide for the provision of certain administrative
services incident to the State’s participation in the Medicare Retiree
Prescription Drug Subsidy Program Fees for the services as detailed in letter
dated March 10, 2006, which have not yet been negotiated by the State and the
Local Governments Center HealthTrust and will be determined in a separated
agreement provided that a legislative appropriation therefore is enacted by the
General Court in its current Session.
#19B Authorized a Working Capital Warrant
in the amount of $420,000,000 to cover expenditures for the month of April
2006. (2)Further Authorized a Working
Capital Warrant reporting expenditures of $267,007,810.99 for the month of
February and recommends the balance of $462,992,189.01 be lapsed.
NH DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
The Governor and Council acted as
follows:
#20 Authorized Division of Animal Industry, to amend a
cooperative agreement (previously approved by G&C on 1-26-06, item # 20),
for Garbage Feeding in the amount of $29,000 by extending the completion date
to September 29, 2006 from March 31, 2006.
#21 Authorized Division of Animal Industry to amend a
cooperative agreement (previously approved by G&C on
#22 Authorized Division of Animal Industry to amend a
cooperative agreement (previously approved by G&C on
#23 Authorized Division of Pesticide Control to accept and
expend additional grant funds revenues from US Environmental Protection Agency
to be utilized for the Certification, Groundwater Management, Worker Protection
and Enforcement Program in the amount of $21,943. Effective upon G&C
approval through
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as
follows:
#24 Authorized Division of Libraries to retroactively pay an FY 05 invoice to Weed Family Automotive,
#25 Authorized Division of Historic Resources, to accept a Term
Historic Preservation Easement consisting of the real property and structure
known as the Music Hall, Portsmouth, and no appraised value, from The Music
Hall, Portsmouth, a NH voluntary corporation, for the term of fifty years from
G&C approval.
#26 Authorized with Councilor Pignatelli
voting no, to enter into a sole source contract with Rodger
Martin, Harrisbille, NH, for the coordination of the
“Poetry Out loud” competition to be held at the Representatives’ Hall in the
State House in Concord, on April 10, 2006 in the amount of $4,800. 100% Federal Funds.
#27 Authorized Division of Arts to award an Organizational
Support Project Planning Grant in the amount of $6,450 to Opera North,
Lebanon. Effective
upon G&C approval through
#28 Authorized Division of Arts to award a Community Arts
Project grant to the NH Theatre Project,
#29 Authorized Division of Arts to award an Art Links grant to
TREASURY DEPARTMENT
#30 The Governor and Council on motion of Councilor Wieczorek, 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 $13,219.17 to the rightful owners of
abandoned or unclaimed funds. 100% General Funds.
ATTORNEY GENERAL
The Governor and Council acted as
follows:
#31 Authorized to accept a gift to the State of
#32 Authorized to conduct a two-day training seminar for law
enforcement personnel scheduled for April 6-7, 2006, and entitled “Drug Investigations
& Clandestine Methamphetamine Laboratories Training” to be held at the
Nashua Holiday Inn in Nashua, NH, at a cost not to exceed $6,186.88. (2)Further Authorized to accept and expend Streetsweeper grant funds in the amount of $4,500 from the
Office of the US Attorney for the District of NH, for a Drug Task Force
training seminar. Effective
upon G&C approval through
#33 DENIED – The
Governor and Council on motion of Councilor Spaulding, seconded by Councilor
Griffin, voted to deny the petition
of Mark Robert Lacerte requesting a pardon hearing
for the offense of Simple Assault (2 counts).
The petitioner is not eligible for an annulment.
#34 DENIED – The
Governor and Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek, voted to deny
the petition of Prayer Feather Farrow requesting a pardon hearing for the
offense of First Degree Murder. The
petitioner is not eligible for an annulment.
#35 NOT USED
PUBLIC UTILITIES COMMISSION
#36 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the
request to retroactively accept a gift on behalf of the State in the amount of $750
for travel expenses.
LIQUOR COMMISSION
#37 The Governor and Council on motion of Councilor Spaulding,
seconded by Councilor Wieczorek authorized the
request to accept and expend Enforcing Underage Drinking grant funds totaling
$8,314 from the Office of Juvenile Justice and Delinquency Prevention of the US
Department of Justice through the NH Department of Justice. Effective upon G&C
approval through
PARI-MUTUEL COMMISSION
#38 A motion by Councilor Spaulding,
seconded by Councilor Pignatelli to table, failed
with Councilor Burton, Councilor Griffin and Councilor Wieczorek
voting no. A motion by Councilor Burton, seconded by
Councilor Griffin and with Councilor Spaulding and Councilor Pignatelli voting no,
authorized the request to accept and place on file the Annual Report for the
Calendar Year ending
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as
follows:
#39 Authorized to reclassify position #16292 from Accounting
Technician, LG 12, to Program Specialist IV, LG 25. Effective upon G&C
approval.
#40 Authorized to enter into a contract with Neat NH Cleaning
Service Inc.,
#41 Authorized to enter into a contract with Apex Cleaning
Company, LLC for the provision of cleaning services for the Division of Field
Service’s
#42 Authorized with Councilor Pignatelli
voting no, to enter into a sole source contract for accreditation
of the NH Department of Corrections facilities as detailed in letter, with the
American Correctional Association,
#43 Authorized to enter into a lease agreement with the
Strafford County Commissioners,
FISH AND GAME DEPARTMENT
The Governor and Council acted as
follows:
#44 Authorized to enter into Off
Highway Recreational Vehicle Law Enforcement contracts with the NH Police
Departments as detailed in letter dated
#45 Authorized to amend a Cooperative Project Agreement with
the
#46 Authorized to enter into a Cooperative Project Agreement
with the
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as
follows:
#47 Authorized Division of Parks and Recreation to reclassify
position #16759 from Administrative Secretary, labor grade 14 to Program
Assistant III, labor grade 17. 100
#48 Authorized Division of Forests and Lands to reclassify
position #19427 from Executive Secretary, labor grade 11 to Program Assistant
I, labor grade 12. 100% General Funds.
#49 Authorized Division of Forests and
Lands to budget prior years carry forward funds in the amount of $18,074 from
the Combined Federal Flood Control Fund for the purpose of funding a vehicle
replacement. 100% Other Funds.
#50 Authorized Division of Travel and Tourism Development to
award a grant under the Joint Promotional Program to the Arts Alliance of
Northern NH, for Historic & Heritage Sites of Northern NH: A Map &
Guide in the amount of $5,000. Effective upon G&C approval through
#51 Authorized Division of Travel and Tourism Development to
award a grant under the Joint Promotional Program to the Mt Washington Valley
Chamber of Commerce for Summer Marketing in the amount of $17,368.50. Effective upon G&C
approval through
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as
follows:
#52 Authorized to enter into a memorandum of agreement with the
Office of Energy and Planning in order to provide continued funding for the
alternative transportation fuel programs.
Effective upon G&C approval through
#53 Authorized to enter into a grant agreement with the NH
Lakes Association,
#54 Authorized to enter into an agreement with the Exeter River
Local Advisory Committee,
#55 Authorized to amend a contract with Weston Solutions, Inc.,
Manchester, NH, (previously approved by G&C on 3-23-05, item #46), for
operations and maintenance and data evaluation services, by extending the date
from March 31, 2006 to March 31, 2007.
#56 Authorized to amend an existing agreement with MWH
Preservation Limited Partnership d/b/a Mt. Washington Resort at Bretton Woods (previously approved by G&C on 2-8-06,
item #47B),by increasing the contract amount by $3,750 from $22,482 to
$26,232. Effective
upon G&C approval through
#57 Authorized to retroactively
amend a memorandum of agreement with the Department of Transportation
(previously approved by G&C on 3-23-05, item #43), for the development of the Natural Stream
Channel Design and Streambank Stabilization
Guidelines, by extending the end date from December 31, 2005 to June 30,
2007. (2)Further Authorized to retroactively amend a grant agreement
with Milone and MacBroom
Inc., Cheshire, CT (previously approved by G&C on 3-23-05, item #43), for
the development of the Natural Stream Channel Design and Streambank
Stabilization Guidelines, by extending the completion date from December 31,
2005 to June 30, 2007.
#58 Authorized to retroactively
amend a contract with Veolia Water North America
Operating Services LLC, Houston, TX (previously approved by G&C on 2-23-94,
item #47), for maintenance and response activities at Gilson Road Superfund
Hazardous Waste Site in Nashua, NH, by extending the completion date from
December 31, 2005 to December 31, 2006.
#59 Authorized to amend a loan agreement with the Winnipesaukee River Basin Project to increase the loan by
$750,000 from $6,250,000 to $7,000,000 to complete dewatering
improvements. Effective
upon G&C approval. 100% Other Funds.
#60 Authorized to award a Local Source Water Protection grant
to the Department of Health and Human Services, Glencliff
Home for the Elderly,
#61 Authorized to award a Local Source Water Protection grant
to the Southern NH Planning Commission,
#62 Authorized to award a Local Source Water Protection grant
to the North Conway Water Precinct,
#63 Authorized Sagamore Landing
Condominium Associates request to replace an existing wooden ramp with an
aluminum ramp and the addition of three floats to an existing dock, overall
structure length is 126 ft., providing two full sized slips on frontage on Sagamore Creek,
#64 Authorized
#65 Authorized Nelson Cook’s request to
construct a fixed pier to a ramp to a float providing one slip on frontage on
the
#65A Authorized to enter into an agreement with
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as
follows:
#66 Authorized with Councilor Pignatelli
voting no, to
name the new gymnasium being constructed at the
Office
of the Commissioner
#66A Authorized an Educational Tuition
Agreement between
Division of Public Health Services
#67 Authorized Bureau of Prevention Services, Alcohol, Tobacco,
and Other Drug Prevention Section, NH Strategic Prevention Framework Program to
enter into an agreement with BDB Health Promotions, Londonderry, NH, to ensure
the NH SPF Program implements culturally competent policies, programs, and
practices as condition of this substance Abuse and Mental Health Services
Administration grant in an amount not to exceed $50,000. Effective upon G&C
approval through
#68 Authorized Bureau of Prevention Services Chronic Disease
Prevention and Control Section, Breast & Cervical Cancer Program to amend
an agreement with Trustees of Dartmouth College, Hanover, NH, (previously
approved by G&C on 6-25-03, item #203, amended on 5-4-05, item #103), to
fund increased reimbursement rates for screening services through the
Administrative and Screening Center for Breast and Cervical Cancer, and fund
designated breast and cervical cancer initiatives to meet the goals of the
Comprehensive Cancer Control Plan, by increasing the price by $121,140 from
$1,274,792 to $1,395,932. Effective upon G&C approval. 100% Federal Funds.
#69 Authorized Bureau of Disease Control and Health Statistics,
Environmental Health Tracking Program to retroactively
reimburse Misty Richard, for relocation expenses of up to $1,295 based on
actual expenses incurred. 100% Federal Funds.
#69A Authorized Bureau of Prevention Services, Asthma Control
Program to amend an agreement with Lamprey Health Care Inc, Raymond, NH,
(previously approved by G&C on 1-26-05, item #53), to build capacity to
improve health outcomes for people with asthma, by increasing the price by
$88,866 from $135,915 to $224,781, and by extending the completion date to June
30, 2007. 100% Federal Funds.
Division of Family Assistance
#70 Authorized to retroactively reimburse Diane L. Chick, Family Service Specialist from State Fiscal Year 2006 appropriations, $115.94 for travel expenses incur