GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
April 9, 2008, 10:00 a.m.
The Governor and Executive Council convened at 10:00 a.m. with all members present.
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The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Hollingworth, accepted the minutes of March 26, 2008.
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The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wieczorek approved the appointment of several persons nominated for Civil Commissions from the March 26, 2008 meeting.
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The Governor placed in nomination the several persons who applied for Civil Commissions.
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RESIGNATIONS
The Governor and
Council, with thanks, accepted the following resignations
Associate
Justice of the Concord District Court
Michael
F. Sullivan, Concord Effective: May 30, 2008
Justice
of the Laconia District Court
David
O. Huot, Laconia Effective: June 30, 2008
Justice
of the Lancaster District Court; Justice of the Berlin District Court; and
Special Justice of the Gorham District Court
Peter
H. Bornstein, Berlin Effective:
April 18, 2008
Public
Water Access Advisory Board
(Public Member)
Allen
K. MacNeil, Plymouth Effective:
April 9, 2008
Associate
Justice of the Superior Court
Peter
H. Fauver, Freedom Effective: May 31, 2008
CONFIRMATIONS
The Governor and Council confirmed the following:
Department
of Administrative Services: Financial
Data Manager
Nominated
by the Commissioner of the Department of Administrative Services
Charles
Russell, Derry Effective: April 9, 2008
Succeeding: Michael E. Barlow, Concord Term: April
9, 2012
Salary: HH Step 3:
$84,297
Current
Use Advisory Board
(Represents
Assessing Official in a City)
Laura
J. Thibodeau, Sullivan Effective: April 9, 2008
Reappointment Term: March 15, 2010
Economic
Development Matching Grants Program
Nominated
by the Business and Industry Association
David
A. Juvet, Barnstead Effective: April 9, 2008
Vacancy Term: April 9, 2011
Health Services Planning and Review Board – TABLED – The Governor and Council
on motion of Councilor Wieczorek, seconded by
Councilor Burton voted to table the following confirmation:
(Consumer)
Constance A. Jones,
Grantham Effective:
Upon Confirmation
Succeeding:
Elizabeth Crory, Hanover Term:
April 19, 2009
Marital
Mediator Certification Board
(Mental
Health Professional)
I. Terry
Sturke, Concord Effective: April 10, 2008
Reappointment Term: April 10, 2011
Midwifery
Council
(Obstetrician)
Sylvia
Horsley, MD, Nashua Effective: April 9, 2008
Succeeding: Lisa K. Stolper, MD, Gilsum Term: September 28, 2011
Penalty
Appeals Board
(Management)
Gayle
E. Troy, Dunbarton Effective:
April 11, 2008
Reappointment Term: April 11, 2011
Physical
Therapy Governing Board
Greg
Woodsum, Weare Effective: April 9, 2008
Succeeding: Robert P. Brunton, Wolfeboro Term: January 8, 2011
Commissioner: Department of Transportation
George
N. Campbell, Jr., Portsmouth Effective:
April 9,
2008
Succeeding: Charles P. O’Leary, Hopkinton, MA Term: December 3, 2011
Salary: LL: $110,114
University
System of New Hampshire Board of Trustees
Carol
S. Perkins, Plymouth Effective: April 9, 2008
Succeeding: Ann M. Sprague, Plainfield (resigned) Term: June 30, 2009
Board
of Veterinary Medicine
Nominated
by the New Hampshire Veterinary Medical Association
Laurie
A. Farrell, DVM, Bradford Effective: April 9, 2008
Succeeding: Brad Taylor, Canterbury (reached term limit) Term: March 5, 2013
State
Commission on the Status of Women
Sandra
Matheson, Hooksett Effective: April 9, 2008
Succeeding: Marie Metoyer, Manchester (reached term
limit) Term: October 20, 2010
NOMINATIONS
The Governor placed into nomination the following:
Alcohol
and Drug Abuse Prevention, Intervention and Treatment Commission
(Drug
Abuse Prevention)
Valerie
Herres, Lancaster Effective: Upon
confirmation
Succeeding: Alan Robichaud, Belmont (resigned) Term: September 20, 2008
Business
Finance Authority
Pamela
Diamantis, Greenland Effective: Upon
confirmation
Succeeding: Wayne Semprini, New Castle Term: November 3, 2010
Business
Finance Authority
Stephen
M. Duprey, Concord Effective: Upon
confirmation
Reappointment Term: November 3, 2010
Business
Finance Authority
Karen
G. Pollard, Rochester Effective: Upon
confirmation
Succeeding: Michael P. Nolin, Jr., Bow Term: November 3, 2010
Compensation
Appeals Board
(Attorney)
Christopher
T. Regan, Durham Effective: Upon
confirmation
Reappointment Term: April 14, 2011
Board
of Licensed Dietitians
(Public
Member)
Margaret
E. Lynott, Swanzey Effective: Upon
confirmation
Vacancy Term: March 28, 2009
Equalization
Standards Board
Nominated
by the School Board Association
R.
Dean Michener, Durham Effective: Upon
confirmation
Reappointment Term: October 10, 2009
Fish
& Game Commission
(Merrimack
County)
Eric
P. Orff, (i),
Epsom Effective: Upon
confirmation
Succeeding: William Carney, Bow Term: June 29, 2012
Deputy
Commissioner: Department of Health and
Human Services
Appointed
by the Commissioner of the Department of Health and Human Services
Mary
Ann Cooney, Manchester Effective: Upon
confirmation
Vacancy Term: August 18, 2008
Salary: KK-Maximum: $106,977
Christa
McAuliffe Planetarium Commission
Byron
O. Champlin, Concord Effective: Upon
confirmation
Reappointment Term: April 17, 2011
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Malcolm
W. Mackenzie, Nelson Village Effective: Upon
confirmation
Succeeding: Diane L. Arsenault, Campton Term: December 3, 2010
Railroad
Appeals Board
(Alternate/Legal
Profession)
David
Woodbury, New Boston Effective: Upon
confirmation
Reappointment Term: April 23, 2011
Recreational
Therapy Governing Board
Robert
C. DuPont, Penacook Effective: Upon
confirmation
Succeeding: Deborah Ann Robinson, Merrimack (resigned) Term: October 25, 2010
Volunteer
NH Board of Directors
(Local
Government)
Leslie
A. Nepveu, Hooksett Effective: Upon
confirmation
Succeeding: Robert J. Landman, North Hampton (resigned) Term: October 10, 2008
OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as follows:
#1 Authorized to accept and expend federal funds in the
amount of $1,549,697 from the US Department of Health & Human Services,
Administration for Children and Families for the Low Income Home Energy
Assistance Program. Effective
upon G&C approval through
#2 Authorized to accept and expend federal funds in the
amount of $1,621,798 from the US Department of Health & Human Services,
Administration for Children and Families for the Low Income Home Energy Assistance
Program. Effective
upon G&C approval through
#2A WITHDRAWN – The Agency withdrew the request to enter into a contract with FaciliClean LLC, Concord, NH, for office cleaning services in the amount of $9,415. Effective upon G&C approval through July 31, 2009. 28% Federal, 72% General Funds.
JUDICIAL COUNCIL
#3 The Governor and Council on motion of Councilor Shea,
seconded by Councilor Burton authorized the request to receive additional
General Funds from funds not otherwise appropriated in the amount of
$285,000. Effective
upon G&C approval through
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#4 Authorized Lieutenant Colonel John F. Cuddy,
#5 Authorized Major Ian S. Tate be confirmed for appointment to the rank of Major, NH Air National Guard.
#6 Authorized Captain Davie F. Erb,
#7 Authorized Major Brian G. Water,
#8 Authorized Lieutenant Colonel Francine I. Swan, Bristol, NH, be confirmed for promotion to the rank of Colonel, NH Air National Guard.
#9 Authorized to accept and expend funds in the amount of $1,374.27 from the Fish and Game Department for expenses incurred on February 11, 2008 Aerial Search and Rescue support in NH. 100% Transfer Funds.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#10 Authorized Bureau of Public Works Design and Construction to
enter into a contract with Xcel Fire Protection Inc., Salem, NH, for Fire
Sprinkler Replacement at the Main Building, NH Hospital, Concord, NH, in an
amount not to exceed $424,000. Effective upon G&C approval through
#11 Authorized to accept and place on file the Report and Findings of Councilor John D. Shea with regard to Revenue Anticipation Note-Capital Note program in construction, renovation and equipping of certain of the Borrowers’ facilities and the provision of working capital as well as the refinancing of certain existing indebtedness in connection with this Statewide Project.
#12 Authorized to accept and place on file the Report and
Findings of Councilor John D. Shea with regard to the NH Higher Education Loan
Corporation –
#13 Authorized to accept and place on file the Report and
Findings of Councilor John D. Shea in financing miscellaneous construction,
renovation and equipping facilities as well as the refinancing of certain
existing indebtedness in connection with Franklin Pierce Law Center
Corporation,
#14 Authorized to accept and place on file the Report and Findings of Councilor Debora Pignatelli with regard in the refinancing of certain existing indebtedness and the financing of certain capital expenditures in connection with the Saint Anselm College, Goffstown, NH.
#15 Authorized an annual salary step increase for Karen Hutchins
from Grade HH, Step 2 (salary $79,672) to Grade HH, Step 3 (salary $84,297) effective
#15A Authorized Bureau of Public Works Design and Construction to
enter into an agreement with Stantec Consulting
Services Inc., North Springfield, VT, for Professional Services for the Design
of the Energy Enhancements at the Veterans’ Home, Tilton, NH, for an amount not
to exceed $393,000. Effective
upon G&C approval through
#15B Authorized Bureau of Public Works Design and Construction to
enter into an agreement with SMRT Inc., Portland, ME
for professional services to develop the Feasibility Study design of Cheshire
& Merrimack County Courthouses, and Keene District Court, located in
Concord and Keene, NH. Effective upon G&C approval through
#15C Authorized Bureau of General Services to pay Northeast Mechanical Corporation, South Portland, ME, for emergency boiler repairs that were performed at Health and Human Services on March 14, 2008 in an amount not to exceed $3,690.
#15D Authorized Bureau of Public Works Design and Construction to enter into a contract with Custom Copper and Slate, Medfield, MA, for roof repairs at the Hugh Gallen State Office Park, Concord, NH, for a total price not to exceed $545,800. (2)Further Authorized a contingency in the amount of $54,850 for unanticipated expense bringing the total to $600,380. Effective upon G&C approval through June 30, 2008. 100% General Funds.
TREASURY DEPARTMENT
The Governor and Council acted as follows:
#16 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $39,025.01 to the rightful owners of abandoned or unclaimed funds.
#17 Authorized to continue membership and participation in the
National Association of State Treasurers in the amount of $6,800. Effective upon G&C approval through
#18 Authorized to amend a sole
source contract with Public Resources Advisory Group Inc, New York, NY,
(previously approved by G&C on 7-19-06, item
#28), to provide financial advisory services including debt affordability and
debt management to the Treasury, by increasing the amount by $65,000 from
$254,250 to $319,250. Effective
upon G&C approval through
DEPARTMENT OF STATE
#19 The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Wieczorek authorized the request to accept and place on file the Annual Report for 2007.
JOINT BOARD OF LICENSURE AND CERTIFICATION
The Governor and Council acted as follows:
#20 Authorized to amend a lease agreement with McCarthy
Properties (previously approved by G&C on
11-28-07, item #35), for office space, Concord, NH, in the amount of $13,900.88
from $197,177.76 to $208,078.64 for a one time renovation and an additional 135
square feet of space. Effective
#21 Authorized to enter into a sole source contract with the National Association of State Boards
of Geology,
NH DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
The Governor and Council acted as follows:
#22 Authorized to amend a contract for the Town of Effingham
Wildlife Action Plan implementation (previously approved by G&C
on 6-27-07, item #55A), by reallocating funds in the amount of $18,450 from FY
2009 and adding it to the current FY 2008.
Effective upon G&C
approval through
#23 Authorized to enter into an agreement with the Harvest New
England Association Inc.,
ATTORNEY GENERAL
The Governor and Council acted as follows:
#24 Authorized to expend a sum not to exceed $200,000 from funds not otherwise appropriated for the purpose of covering projected shortfalls in the general litigation expenses incurred in the defense of the State and the prosecution of criminal law. Fiscal Committee approved.
#25 Authorized to expend a sum not to exceed $482,833 from funds
not otherwise appropriated for the purpose of continuing to cover costs
associated with the prosecution of the
#26 Authorized to amend a subgrant to the Hillsborough County Sheriff’s Department to be used to support the continuation of the Project Safe Neighborhoods Gun Crime Investigator, by increasing the amount by $45,593.30 from $64,000 to $109,593.30. 100% Federal Funds.
#27 DENIED – The
Governor and Council on motion of Councilor Burton, seconded by Councilor Shea
voted to deny the petition of Paula Reichey requesting a pardon hearing for the offense of
Second Degree Murder. The petitioner is
not eligible for an annulment until
EMPLOYMENT SECURITY
#28 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Shea authorized the request to enter into a contract with
St. Pierre Inc.,
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#29 Authorized to accept and expend additional funds in the
amount of $222,861 from the US Department of Justice, Bureau of Justice
Assistance, State Criminal Alien Assistance Program for expenses related to the
care and custody of criminal aliens in the NH Corrections system. Effective upon G&C approval through
#30 Authorized to transfer the sum of $1,800,000 from and within
accounts as detailed in letter dated
LIQUOR COMMISSION
#31 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the
request to enter into a sole source contract
with New Hampshire Fisher Cats, Manchester, NH, for the sole purpose of
providing a sponsorship agreement in the amount of $13,000. Effective upon G&C approval through
#32 NOT USED
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#33 Authorized Trails Bureau to amend a retroactive sole source contact with Jungle Jims,
Epsom, NH, for plowing of the snowmobile parking lot at Bear Brook State Park,
Allenstown, NH, by increasing the amount by $2,850 from $2,850 to $5,700. Effective
#34 Authorized Division of Economic Development and the NH
Insurance Department to enter into a contract with Square Spot Publishing LLC
d/b/a Square Spot Design., Manchester, NH, for domestic advertising, marketing,
and promotional services in the amount of $173,980.90. Effective upon G&C approval through
#35 Authorized Division of Parks and Recreation to accept the donation of a Memorial Park Bench given by Donald Brehm, Spofford, NH valued at $1,128 to be installed in Pisgah State Park in Chesterfield, NH, dedicated to the memory of Steven Brehm.
#36 Authorized Division of Parks and Recreation to enter into a
contract with Multi-State Roofing Inc., Winchendon, MA for roof replacement at
Hampton and Kingston state parks in the amount of $32,283. Effective upon G&C approval through
#36A Authorized Division of Parks and Recreation Cannon Mountain Ski
Area to enter into a retroactive contract
with Robertson Transit Inc., Campton, NH, for the transport of groups to Cannon
Mt Ski Area for daily skiing in the amount of $9,750. Effective
FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:
#37 Authorized to enter into a contract with Robert J. Condit
d/b/a Maple Ridge Septic Service, North Sandwich, NH, for the cleaning of
department-owned portable restrooms for the Squam
Lake Boat Access facility in the amount of $5,985. Effective upon G&C approval through
#38 Authorized to reclassify position #19852 Supervisor VI, labor grade 27, to Public Works Project Manager III, labor grade 27.
#39 Authorized to enter into a sole source contract with
#40 Authorized to pay $3,948.21 to the Wildlife Management
Institute in support of the regional Northeast Wildlife Teamwork Strategy. Effective upon G&C approval through
#40A Authorized with Councilor Pignatelli voting no, to enter into a contract with Joe Brigham Inc., Pembroke, NH, to carry out aerial stocking and water sample collection (acid rain analysis) of remote, high altitude trout ponds in the amount of $13,150. Effective upon G&C approval through June 30, 2008. 21% Fish and Game, 64% Federal, 15% Other (donations) Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#41 Authorized to accept and expend $112,791.11 in Federal Funds
from the US Environmental Protection Agency for projects to be conducted by the
Department’s Pollution Prevention Program.
Effective upon G&C
approval through
#42 Authorized to establish an Environmentalist IV position in
the Geological Survey Unit and to hire a consultant. (2)Further Authorized to accept and expend
$100,000 in federal flow through funds from the Department of Safety, Homeland
Security and Emergency Management to develop a fluvial erosion hazards
program. Effective
upon G&C approval through
#43 Authorized with Councilor Wieczorek voting no, to reclassify position #12059 & #40145, Sanitarian I, labor grade 17 to Environmentalist III, labor grade 23. Effective upon G&C approval. 100% General Funds.
#44 NOT USED
#45 Authorized to approve a loan agreement with the City of
#46 Authorized to approve an Original Loan Agreement with Conway
Village Fire District in the amount of $3,200,000 to finance water system
improvements. Effective
upon G&C approval. 100
#47 Authorized to award a Local Source Water Protection grant to
Monadnock Tenants Cooperative Inc.,
#48 Authorized to accept and expend $12,500 in federal funds
from the US Department of Energy via Research and Development Solutions LLC,
for data collection, reporting, and assessment for the Granite State Clean
Cities Coalition, and for Coalition technical assistance and activities
support. Effective
upon G&C approval through
#49 Authorized to enter into a grant agreement with the Town of
#50 Authorized to budget and expend additional project funds for
a geomorphic assessment of the
#51 Authorized NH Department of Transportation’s request to
rehabilitate the bridge on
#52 Authorized Akwa Marina Yacht Club LLC’s request to transfer 3 boatslips from an adjacent property and relocate one slip which is subject to sand accumulation into a permitted major docking facility increasing the total number of permitted slips from 73 up to 76 on property having an average of 340 ft of frontage on Lake Winnipesaukee in Laconia.
#53 Authorized to enter into a contract with Feeley
& Driscoll P.C.,
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
Bureau of Medical Services
#54 Authorized to enter into a sole source agreement with the
#55 Authorized Disability Determination Section to enter into an
agreement with J. David Brand, MD, Chocorua, NH, to
function as a Medical Disability Determination Reviewer in the amount of
$102,400. Effective
upon G&C approval through
#56 Authorized Disability Determination Section to amend an agreement with Joyce E. Butterworth, Registered Nurse, Penacook, NH, (previously approved by G&C on 10-3-07, item #63), to function as a Disability Determination Reviewer, by increasing the amount from $4,940 to $17,940 and by extending the completion date from June 30, 2008 to June 30, 2009. 50% Federal, 50% General Funds.
#57 Authorized Disability Determination Section to amend an agreement with Sandra J. Sattler, Registered Nurse, Tilton, NH, (previously approved by G&C on 10-31-07, item #98), to function as a Disability Determination Reviewer, by increasing the amount by an amount not to exceed $22,360 from $18,200 to $40,560 and by extending the completion date from June 30, 2008 to June 30, 2009. 50% Federal, 50% General Funds.
Division for Children, Youth & Families
#58 Authorized to accept and expend funds in the amount of
$12,653 in SFY 2008 and $118,094.67 in SFY 2009 from Parental Reimbursement funds that will be
matched with additional Federal funds, and to accept and expend corresponding
Federal funds in the amount of $12,653 in SFY 2008
and $118,094.68 in SFY 2009 based on the Federally
approved Department of Cost Allocation Plan and worker Random Moment Time
Sample results, to support Parental Reimbursement and billing activities. (2)Further Authorized
Division of Children, Youth and Families to establish four full-time temporary
positions. Effective
upon G&C approval through
#59 Authorized to conduct two organized meetings for an
initiative entitled “I Am Moving, I Am Learning”, for
early childhood professionals and parent representative to be held on
Division for Juvenile Justice Services
#60 Authorized
Tobey School
#61 Authorized to accept material donations according to the
list as detailed in letter dated
#62 Authorized to amend a sole
source contract with Hobart Corporation,
Division for Child Support Services
#63 Authorized with Councilor Wieczorek voting no, to reclassify position #12140 from Account Clerk III, salary grade 9 to Case Technician Trainee I, salary grade 12-14. 64% Federal, 36% General Funds.
Division of Family Assistance
#64 Authorized to reimburse Amy Newbury, Family Services
Specialist, and Adina Jones, Family Services Specialist from State Fiscal Year
2008 appropriations $338.03 and $6.78 respectively, for travel expenses
incurred from
#65 Authorized to amend a contract with Second Start, concord, NH (previously approved by G&C on 10-3-07, item #64), to deliver job skills instruction for employment training and experiential education for NH Employment Program participants, by increasing the amount by $264,910.02 from $2,031,555 to $2,296,465.02. Effective upon G&C approval. 78% Federal, 22% General Funds.
Bureau of Behavioral Health
#66 Authorized to enter into a sole source agreement with Easter Seals NH Inc., Manchester, NH, to provide accompanied transportation services for individuals in need of inpatient psychiatric services in an amount not to exceed $211,464. Effective upon G&C approval through June 30, 2009. 100% General Funds.