GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
June 4, 2008, 10:00 a.m.
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 May 21, 2008.
*
The Governor and Executive Council, on motion of Councilor Shea, seconded by Councilor Wieczorek approved the appointment of several persons nominated for Civil Commissions from the May 21, 2008 meeting.
*
The Governor placed in nomination the several persons who applied for Civil Commissions.
*
The Governor asked for a motion to call a Special Session of the Legislature.
Pursuant to the authority granted to the Governor with the advice of the Council as set forth in Part 2, Article 50 of the New Hampshire Constitution, I ask for a motion to approve this Proclamation declaring a special session of the Legislature. The Proclamation will authorize the general court to convene in a special session later today to consider legislation that will ensure we retain a balanced budget and remain responsive to the impact of the national economic downturn. The motion was made by Councilor Pignatelli, seconded by Councilor Burton.
The Governor asked for an amended motion to call for a Special Session of the Legislature
“I ask for a motion to approve a corrected proclamation declaring a special session. The first proclamation contained an error in identifying the two fiscal years of the current biennium as the fiscal years “beginning July 1, 2008 and July 1, 2009.”
The new proclamation corrects the typographical error by properly identifying the relevant fiscal years as “beginning July 1, 2007 and July 1, 2008.” Otherwise, the proclamation is identical. “ The motion to amend was made by Councilor Pignatelli, seconded by Councilor Burton.
RESIGNATIONS
The Governor and
Council, with regret, accepted the following resignations:
Justice
of Hillsborough County Probate Court
Raymond
A. Cloutier, Goffstown Effective: July 17, 2008
State
Commission on the Status of Women
Linda
Johnson, Manchester Effective:
June 4, 2008
CONFIRMATIONS
The Governor and Council confirmed the following:
Amusement
Ride Safety Advisory Board
(Insurance
Professional)
Robert
Simpson, Bow Effective: June 4, 2008
Reappointment Term: May 16, 2012
Division
of Children, Youth and Families Advisory Board
Nominated
by the Commissioner of the Department of Health and Human Services
(Carroll
County)
Christine
MacDonald, Ossipee Effective: June 4, 2008
Reappointment Term: May 8, 2011
Division
of Children, Youth and Families Advisory Board
Nominated
by the Commissioner of the Department of Health and Human Services
(Merrimack County)
Marjorie
S. Waters, Concord Effective: June 4, 2008
Vacancy Term: June 4, 2011
Executive
Branch Ethics Committee
Nominated
by the State Treasurer
Alan
W. Johnson, (r), Penacook Effective: June 30, 2008
Succeeding: L. Douglas O’Brien (r), Bow (resigned) Term: June 30, 2011
Executive
Branch Ethics Committee
Karol
A. Lacroix, (i), North Hampton Effective: June 30, 2008
Reappointment Term: June 30, 2011
New
Hampshire Health and Education Facilities Authority
Michael
K. Massey, Bedford Effective: June 30, 2008
Reappointment Term: June 30, 2013
Board
of Hearing Care Providers
(Hearing
Aid Dealer)
Herbert
J. Hodgdon II, Epsom Effective: June 4, 2008
Reappointment Term: April 23, 2010
Board
of Medicine
(Paramedical
Professional)
Mark
C. Sullivan, Stratham Effective: June 4, 2008
Succeeding: Kevin R. Costin, Manchester (reached term
limit) Term: April 21, 2013
Pease
Development Authority
Arthur
H. Nickless, Jr., Rochester,
Chairman Effective: June 4, 2008
Reappointment Term: May 23, 2011
Personnel
Appeals Board
Patrick
H. Wood, (d), Laconia Effective: June 4, 2008
Reappointment Term: June 2, 2011
Postsecondary
Education Commission
(On
recommendation from NH College and University Council)
George
J. Hagerty, Keene Effective:
June 30, 2008
Reappointment Term: June 30, 2013
Postsecondary
Education Commission
(Lay
Public)
Eliezer
Rivera, Keene Effective: June 30, 2008
Reappointment Term: June 30, 2013
Public
Water Access Advisory Board
(Governor’s
Commission on Disability)
Michael
R. Lassonde, Bedford Effective: June 4, 2008
Succeeding: Cheryl Killam, Newton (resigned) Term: October 27, 2010
Public
Water Access Advisory Board
(Public
Member)
Mary
Ellen Pfeifle, Bradford Effective: June 4, 2008
Succeeding: Allen K. MacNeil, Plymouth (resigned) Term: October 27, 2009
Advisory
Council on Workers’ Compensation
(Management)
Thomas
W. Callahan, Sunapee Effective: June 13, 2008
Reappointment Term: June 13, 2011
NOMINATIONS
The Governor placed into nomination the following:
Commissioner: Department of Administrative Services
Linda
M. Hodgdon, Epsom Effective: July 1, 2008
Reappointment Term: July 1, 2012
Salary: LL - $110,114
Amusement
Ride Safety Advisory Board
W.
Scott Miller, Webster Effective: Upon
confirmation
Reappointment Term: June 13, 2012
Aviation
Users Advisory Board
(Aviation
Association of New Hampshire)
Bruce
Hutchings, Lancaster Effective: Upon
confirmation
Reappointment Term: April 23, 2012
Ballot
Law Commission
Stephen
M. Duprey, (r), Concord Effective: Upon
confirmation
Reappointment Term: January 21, 2012
Board
of Barbering, Cosmetology and Esthetics
(Cosmetologist)
Kathleen
A. Humes, Deerfield Effective: July 1, 2008
Reappointment Term: July 1, 2013
Boxing
and Wrestling Commission
Robert
Stephen, Manchester Effective: July 15, 2008
Reappointment Term: July 15, 2011
Division
of Children, Youth and Families Advisory Board
(Cheshire
County)
Nominated
by the Commissioner of the Department of Health and Human Services
Betsy
Wilder, Keene Effective: July 1,2008
Reappointment Term: July 1, 2011
Community
Development Finance Authority
(Small
Business)
Benoit
L. Lamontagne, Colebrook Effective: July 1, 2008
Reappointment Term: July 1, 2013
Compensation
Appeals Board
(Attorney)
Joseph
A. Dickinson, Concord Effective: Upon
confirmation
Reappointment Term: March 17, 2011
Community
College System Board of Trustees
(Community
Service Sector)
William
A. Marcello, Keene Effective: June 30, 2008
Reappointment Term: June 30, 2012
NH
Housing Finance Authority
(Public
Member)
Amy
L. Lockwood, i,
Concord Effective: July 1, 2008
Reappointment Term: July 1, 2013
NH
Housing Finance Authority
(Public
Member)
Harvey
L. Schwartz, Harrisville Effective: July 1, 2008
Reappointment Term: July 1, 2013
Lakes
Management Advisory Committee
(NH
Association of Realtors)
George
P. Quackenbos, New London Effective: June 27, 2008
Succeeding: Kenneth P. Jordan, Canterbury Term: June 27, 2011
Board
of Optometry
(Optometrist)
David
M. Hartenstein, OD, Hampton Falls Effective: July 1, 2008
Reappointment Term: July 1, 2013
Postsecondary
Education Commission
(Lay
Public)
David
L. Mahoney, Nashua Effective: June 30, 2008
Reappointment Term: June 30, 2013
Director
of the Divisions of Operations: Department
of Transportation
Nominated
by the Commissioner of the Department of Transportation
Lyle
Knowlton, Northfield Effective: Upon
confirmation
Reappointment Term: January 7, 2012
Salary: II – Maximum - $98,923
Transportation
Appeals Board
(Alternate/General
Public)
Roy
W. Tilsley, Jr. Lyndeborough Effective:
Upon confirmation
Reappointment Term: May 7, 2011
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Shea, seconded by
Councilor Wieczorek and further on a roll call vote
as follows: Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek
– yes, and Councilor Pignatelli – yes, authorized to
hold a Public Hearing with respect to the financing of a commercial
facility by the Business Finance Authority for NH Public Radio, Inc. located in
Concord, New Hampshire. Action will Authorized a Resolution under RSA 162-I:9 to determine the
financing will serve a public use, provide public benefit and is within the
policy and authority of the Act.
EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD June 4, 2008
IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD
* * * * * *
At 10:35 a.m. the Governor
announced that the next matter to be considered would be the financing of an
industrial facility project by the Business Finance Authority (“Authority”) for
New Hampshire Public Radio, Inc. and declared that the public hearing on the
subject had commenced. He said that he
and the members of the Council had received the written recommendation of the
Authority and other documentation and information with respect to the
project. The Governor said that the
meeting would then hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the
Authority, introduced Betsy Gardella, President of NH
Public Radio and Jason Sargeant, Director of Finance
and briefly explained the project, and emphasized that the credit of the State
was not involved. The Governor then
repeated that the proceedings were a public hearing and asked whether any other
person wished to speak; [there being none], Councilor Shea introduced a
resolution entitled "A RESOLUTION UNDER RSA
162-I:9 WITH RESPECT TO THE FINANCING OF A COMMERCIAL FACILITY BY THE BUSINESS
FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE FOR NEW HAMPSHIRE PUBLIC RADIO,
INC. IN THE CITY OF CONCORD" and moved its adoption, which was seconded by
Councilor Burton. There being no
discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and
Councilor Burton, Councilor Shea, Councilor Hollingworth,
Councilor Wieczorek, and Councilor Pignatelli; those
abstaining were Councilor (s): None; and
those voting against were Councilor(s):
None. The Governor declared that
the resolution was passed.
* * * * * *
A RESOLUTION UNDER RSA 162‑I:9 WITH
RESPECT TO
THE FINANCING of a COMMERCIAL FACILITy BY THE BUSINESS
FINANCE AUTHORITY of the state of new hampshire
FOR NEW HAMPSHIRE PUBLIC RADIO, inc.
in THE CITY OF CONCORD
WHEREAS, the Governor and
Council 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 a determination pursuant to RSA 162‑I:9 with respect to the financing of all
or a portion of the cost of: (i) acquiring,
renovating and equipping a commercial facility for use as office space and
broadcast studios for New Hampshire Public Radio, Inc. (the “Borrower”), at
2 Pillsbury Street, in the City of Concord, New Hampshire;
(ii) financing certain other capital expenditures related to the Borrower;
and (iii) paying the costs of issuance of the Bonds, by the Authority’s
issuance of up to $6,500,000 of its Commercial Facility Tax-Exempt Revenue Bonds
(New Hampshire Public Radio Project) Series 2008A and $750,000 of its
Commercial Facility Taxable Revenue Bonds (New Hampshire Public Radio Project)
Series 2008B under RSA 162‑I (the “Act”);
and
WHEREAS, the Governor and
Council have received all the documentation and information with respect to the
transaction which they have requested; and
WHEREAS, further action by
the Authority with respect to the transaction is subject to the passage of this
Resolution and cannot be taken until after its passage;
IT IS HEREBY RESOLVED THAT:
Section
1.
Findings. On the basis of the Authority’s
recommendation and the documentation and information received by the Governor
and Council, and after a public hearing, the Governor and Council find:
(a)
Special
Findings:
(i)
The Project (which when
completed will constitute the “Facility”) consists of acquiring, renovating and
equipping a commercial facility for use as office space and broadcast studios
for the Borrower, at 2 Pillsbury Street, in the City of Concord. The Project relates to a “commercial
facility”, as defined in the Act, and may be financed under the Act.
(ii)
The establishment and
operation of the Facility will either create or preserve employment
opportunities directly or indirectly within the State of New Hampshire
(the “State”) and will likely be of general benefit to the community as a
whole.
(b)
General
Findings:
(i)
The Project and the
proposed financing of the Project are feasible;
(ii)
The Borrower has the
skills and financial resources necessary to operate the Facility successfully;
(iii)
The Loan and Trust
Agreement (the “Agreement”) contains provisions so that under no circumstances
will the Authority be obligated directly or indirectly to pay project costs,
debt service or expenses of operation, maintenance and upkeep of the Facility except
from Bond proceeds or from funds received under the Agreement, exclusive of
funds received thereunder by the Authority for its
own use;
(iv)
The Agreement does not
purport to create any debt of the State with respect to the Facility other than
a special obligation of the Authority acting on behalf of the State under the
Act; and
(v)
The proposed financing
of the Project by the Authority and the proposed operation and use of the
Facility will serve one or more needs and implement one or more purposes set
forth in RSA 162‑I:1, will preserve or
increase the social 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.
Section
2.
Ultimate Finding and Determination. The Governor
and Council find that the proposed financing, operation and use of the
commercial facility will serve a public use and provide a public benefit; and
the Governor and Council determine that the Authority’s financing of the
Project will be within the policy of, and the authority conferred by, the Act.
Section
3.
Approval. The Governor and Council approve the
Authority’s taking such further action under the Act with respect to the
transaction as may be required.
Section 4.
Effective Date. This Resolution shall take effect upon its
passage. Passed and Agreed to
June 4, 2008.
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as follows:
#2 Authorized to enter into a contract with Stellarware Corporation, Holebrook, MA, for NHDOL web site application enhancement in the amount of $220,120. Effective upon G&C approval through June 30, 2013. 100% Other (Agency) Funds.
#3 Authorized to enter into a contract with Office Store Depot Inc., Arcadia, CA, for contractor support to install and maintain printers in the amount of $143,000. Effective upon G&C approval through June 30, 2011. 100% Other (Agency) Funds.
#4 Authorized to enter into a sole source contract with CA Inc., Islandia, NY, for licenses, usage, and maintenance of software used to maintain and develop software, manage mainframe computing and network resources and technical support services for a firm fixed price of $2,857,389. Effective July 1, 2008 through June 30, 2013. 100% Other (Agency) Funds.
#5 Authorized on behalf of NH Employment Security, to enter into a sole source, retroactive contract with Regional Economic Models Inc., Amherst, MA, to provide support services and maintenance for their proprietary Policy Insight Model 70 Sector, 10 Area of NH software model developed for NHES’ Economic and Labor Market Information Bureau in the amount of $35,200. Effective February 28, 2008 through February 28, 2009. 100% Federal (Agency) Funds.
#5A Authorized on behalf of the Department of Labor, to enter into a contract with Enterprise Consulting Partners, Inc., Herndon, VA, for NHDOL’s Electronic Document Management System development, support and maintenance in the amount of $385,129. Effective upon G&C approval through June 30, 2013. 100% Other (Agency) Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#6 Authorized a salary increment of $4,240 to Deputy Adjutant General Stephen C. Burritt. Effective July 27, 2008. 100% General Funds.
#7 Authorized Robert M. Tyszko, Milford, NH, be nominated for promotion to the rank of Lieutenant Colonel, NH Army National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.
#8 Authorized Lieutenant Colonel James M. Moody, Manchester, NH, be nominated for promotion to the rank of Colonel, NH Army National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.
#9 Authorized Captain Michael E. Terry, Sunapee, NH, be confirmed to the rank of Major, NH Army National Guard.
#10 Authorized to accept the donations of an Easy Access Door Operator in the amount of $1,690 for the NH State Veterans Cemetery.
#11 Authorized to accept donations of computer services, photo development, tree care, refreshments, engraving and new US flags in the amount of $4,539.94 for the NH State Veterans Cemetery.
#11A Authorized the design of the New Hampshire Medal of Honor. Effective upon G&C approval.
#11B Authorized to enter into a contract with Mike Mounsey & Son Foundation and Floors LLC, Concord, NH, for the purpose of constructing a concrete slab and foundation at the NH State Veteran’s Cemetery in the amount of $19,000. Effective upon G&C approval through August 1, 2008. 100% General Funds.
#11C Authorized to enter into a lease agreement with Lawrence and Patricia Baldi, Revocable Trust, Laconia, NH, for the lease of 950 square feet of storefront space, Laconia, NH, for a total price limitation of $54,708.96. Effective August 1, 2008 through July 31, 2011. 100% Federal Funds.
JUDICIAL COUNCIL
The Governor and Council acted as follows:
#11D Authorized to receive additional General Funds from funds not otherwise appropriated in the amount of $100,000. Effective upon G&C approval through June 30, 2008. Fiscal Committee approved.
#11E Authorized to receive additional General Funds from funds not otherwise appropriated in the amount of $120,000. Effective upon G&C approval through June 30, 2008. Fiscal Committee approved.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#12 Authorized adjustments to agency’s quarterly allotments for the period of March 31, 2008.
#13 Authorized to contract with Hay Group Inc., Irvine, CA, to provide consulting services for the administration and management of the classification and compensation plans for unclassified employees in an amount not to exceed $20,000. Effective upon G&C approval through June 30, 2009.
#14 Authorized Division of Personnel, State Suggestion and Extraordinary Service Award Evaluation Committee to award non-monetary recognition to Trisha Gaudette, of the Department of Health and Human Services. Effective upon G&C approval.
#15 Authorized Bureau of Facilities & Assets Management to enter into an agreement with Kang Co. Inc., Concord, NH, for janitorial services at the Thayer Building, Concord, NH in an amount not to exceed $28,600. Effective upon G&C approval through June 30, 2009. 100% Other (Transfer) Funds.
#16 Authorized Bureau of Court Facilities to enter into a lease extension with the City of Keene, NH providing office and courtroom space in the City Hall Building, Keene, NH, in the amount not to exceed $51,574.71. Effective July 1, 2008 through June 30, 2009. 100% Transfer Funds.
#17 Authorized Bureau of Court Facilities to enter into a one-month hold over amendment with Dusty’s Transportation Inc., Auburn, NH, for office and courtroom space in an amount not to exceed $4,137.47. Effective July 1, 2008 through July 31, 2008. 100% Transfer Funds.
#18 Authorized to amend a Master Statewide Contract and Laboratory Information Management System, with ChemWare Inc., NC, (previously amended by G&C on 6-22-05, item #24), for upgraded software licensing, maintenance, support, training, and installation services, by increasing the amount by $125,000 from $500,000 to $625,000. Effective upon G&C approval through June 30, 2010. 100% Other (Agency) Funds.
#19 Authorized Bureau of Education and Training to enter into a lease agreement with Hodges Development Corporation, Concord, NH, for classroom space in an amount not to exceed $191,128.92. Effective July 1, 2008 through June 30, 2013. 100% Revolving Funds.
#19A Authorized to accept and place on file the Report and Findings of Councilor Raymond S. Burton with regard to the financing, construction, renovation, furnishing and equipping of certain facilities and refinancing of certain existing indebtedness in connection with Lakes Region General Hospital, Laconia, NH and Franklin Regional Hospital, Franklin, NH.
#19B Authorized to accept and place on file the Report and Findings of Councilor Raymond S. Burton with regard to the refinancing of certain existing indebtedness in connection with Mary Hitchcock Memorial Hospital, Lebanon, NH.
#19C Authorized Bureau of General Services to amend a contract with Pelmac Industries Inc., Auburn, NH (previously approved by G&C on 8-5-05, item #35), for security monitoring/burglar alarm and access system services, by increasing the cost by $30,786.66 from $92,360 to $123,146.66. Effective July 1, 2008 through June 30, 2009.
#19D Authorized Bureau of Public Works Design and Construction to enter into a contract with D. L. King & Associates Inc., Nashua, NH, for floor abatement & replacement, at Glencliff – Brown Building, Benton, NH, for a total price not to exceed $579,985. (2)Further Authorized a contingency in the amount of $75,000 for unanticipated expense, bringing the total to $654,985. Effective upon G&C approval through October 31, 2008. 100% General Funds.
#19E Authorized Bureau of Public Works Design and Construction to enter into a contract with Ricci Construction Inc., Portsmouth, NH, for the construction of three salt sheds, for a price not to exceed $992,777. (2)Further Authorized a contingency in the amount of $75,000 for unanticipated expense, bringing the total to $654,985. (3)Further Authorized the amount of $26,550 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction for engineering services provided, bringing the total to $1,059,327. Effective upon G&C approval through October 30, 2008. 100% Highway Funds.
TREASURY DEPARTMENT
The Governor and Council acted as follows:
#20 Authorized a contract renewal option with BondLogistix LLC, New York, NY, (previously approved by G&C on 6-7-06, item #35), for Arbitrage Rebate Compliance Services on the State of NH Turnpike System bonds in an amount not to exceed $25,000. Effective July 1, 2008 through June 30, 2009. 100% Turnpike Funds.
#21 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $42,671.74 to the rightful owners of abandoned or unclaimed funds.
#22 Authorized to deposit, as available, funds of the State, in any bank as detailed in letter dated May 9, 2008.
DEPARTMENT OF REVENUE ADMINISTRATION
The Governor and Council acted as follows:
#23 Authorized to hire John Mintken as Field Audit Leader, Unclassified position #9U369, Maximum step for Group DD, at $37.43 per hour not to exceed 30 hours per week at maximum annual salary of $58,390.80. Effective upon G&C approval. 100% General Funds.
#23A Authorized the request that Kathleen J. Sher be hired as Assistant Director of Audit, unclassified position #9U145, and be placed at maximum step for Group FF ($79,542). Effective upon G&C approval.
DEPARTMENT OF CULTURAL RESOURCES
#24 The Governor and Council on motion of Councilor Shea, seconded by Councilor Wieczorek authorized the request of the Division of Historical Resources to enter into a contract with Elizabeth Durfee Hengen, Concord, NH, for the development of a manual to assist in establishing neighborhood conservation districts in the amount of $10,000. Effective upon G&C approval through December 30, 2008. 27% General, 73% Federal Funds.
JOINT BOARD OF LICENSURE AND CERTIFICATION
#25 The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton authorized the request to enter into a sole source contract with the Council of Landscape Architectural Registration Boards, Fairfax, VA, for the preparation and scoring of the natural landscape architect examinations in the amount of $25,000. Effective July 1, 2008 through June 30, 2010. 100% General Funds.
ATTORNEY GENERAL
The Governor and Council acted as follows:
#26 Authorized to appoint Michael S. Lewis as an Assistant Attorney General, at a salary level of $57,994.94 with a five year term effective upon G&C approval.
#26A Authorized to reappoint James T. Boffetti to position #9U500, as an Assistant Attorney General at a salary level of $77,494.42. Effective upon G&C approval for a term ending October 31, 2012.
#26B Authorized to designate Mark R. Syska as an attorney at a salary of $60,000. Effective June 6, 2008.
#26C Authorized to grant a salary raise to John R. Lilly, Attorney, of $2,000 making his salary $57,000. Effective upon G&C approval.
NH EMPLOYMENT SECURITY
#27 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea and with Councilor Wieczorek voting no, authorized the request to retroactively reclassify position #30097 Clerk IV, salary grade 12 to Senior Accounting Technician, salary grade 14. Effective March 14, 2008. 100% Federal Funds.
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#28 Authorized to accept retroactive donations of goods and supplies with a total value of $29,518.84 from various contributors from November 26, 2007 through April 30, 2008. Effective upon G&C approval.