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Minutes
May 5, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
May 5, 2004

Councilor Griffin read the following history about Franconia Notch at the beginning of the Executive Council meeting.

In 1926, James J. Storrow’s gift in his will of $100,000 for acquisition of timber reserves made it possible to purchase Franconia Notch. His son acquiesced in the splendid use of his bequest. The Notch was purchased from C. H. Greenleaf, proprietor of the Profile House which burned in 1922.

UNH President Allen Hollis, with the assistance of state officials arrived at an option price of $400,000, for 6,000 acres of the Notch from Observatory Point north of Echo Lake to below the Flume. $66. per acre seemed high. The scenic value was so enthusiastically received that in 1925 the legislature, with Governor Winant’s support, appropriated $200,000 for its purchase if and when equal amounts were forthcoming from private sources. This was extended by the 1927 legislature with the approval of Governor H. Spaulding. Additional private funds came from N.H. Liberated women, $70,000, with the final $30,000 by Rotary, Kiwanis, Grange, Isaac Walton League, Chamber of Commerce, and New Hampshire school children.

The dedication of the Notch north (5,000 acres), Echo and Profile Lakes, The Old Man of the Mountain, and the Basin, was on a gray September 15, 1928. The dedication of the Notch as a memorial to our veterans was carried out by the Forestry Department. W. R. Brown, a commissioner said in part, “It is unique because here New Hampshire pays a fitting tribute to her sons and daughters who have served the country with the steadfastness of these hills, paying a tribute that would seem most appropriate to them, by dedicating its service to the lives of others.”

Former Governor John Winant said in part, “Seldom has all that is lovely in nature and unseen in the memory of man been so perfectly united as in the dedication of this Memorial Park, given to perpetuate the memory of patriotic people.”

Yesterday, Governor Benson, you called May 3 Old Man of the Mountain Day. Today we joined the legislature in welcoming to New Hampshire the United States Secretary of Veterans Affairs.

Today is another day to bring two events together – remembering Franconia Notch and our honored Veterans

CONFIRMATIONS

The Governor and Council confirmed the following:

American & Canadian French Cultural Exchange Commission
Robert W. Therrien Sr., Keene Effective: May 5, 2004
(Replacing Ronald O. Mailhot) Term: February 6, 2010

Division of Children, Youth and Families Advisory Board
(Hillsborough County)
R. Craig Peterson, Merrimack Effective: May 5, 2004
(Reappointment) Term: July 1, 2007

Deferred Compensation Commission
(Unclassified State Employee)
Richard M. Flynn, Dover Effective: May 5, 2004
(Reappointment) Term: July 15, 2007

Hazardous Waste Facility Siting Board
(Public Member)
Burnham Judd, Pittsburg Effective: May 5, 2004
  Term: December 28, 2004

Housing Finance Authority
(Real Estate-Selling or Renting)
Sandra Ziehm, Nashua Effective: May 5, 2004
(Replacing Martha Bauman) Term: July 1, 2009

Board of Licensure of Interpreters for the Deaf and Hard of Hearing
Association of the Deaf
Joan E. Case, Weare Effective: May 5, 2004
(Replacing Susan Wolf-Downes) Term: October 10, 2006

Lakes Management Advisory Committee
BIA
Wendell Berry Jr., Newport Effective: May 5, 2004
(Replacing Allan Palmer) Term: July 8, 2007

Board of Managers of the NH Veteran’s Home
Disabled American Veterans Auxiliary
Wanda Furbish, Portsmouth Effective: May 5, 2004
(Replacing Elizabeth W. Castricone) Term: March 1, 2006

New Hampshire Retirement System
Non-Member Trustee
Debra M. Douglas, Concord Effective: May 5, 2004
(Replacing Andrea Amodeo-Vickery) Term: July 13, 2006

New Hampshire School Building Authority
Jane M. Bergeron-Beaulieu, Litchfield Effective: May 5, 2004
(Reappointment) Term: July 1, 2007

University System of New Hampshire Board of Trustees
Education
Walter R. Peterson, Peterborough Effective: May 5, 2004
(Reappointment) Term: June 30, 2008

Veterans Council
Kenneth Leidner, Concord Effective: May 5, 2004
(Reappointment) Term: June 30, 2007

Nominations

The Governor placed in nomination the following:

Committee on Aging
Hillsborough County
Robert H. Montgomery, Goffstown Effective: Upon Confirmation
(Reappointment) Term: June 24, 2007

Committee on Aging
Grafton County
Susan M. Presby, Littleton Effective: Upon Confirmation
(Reappointment) Term: June 24, 2007

Committee on Aging
Rockingham County
Robert W. Forsing, Raymond Effective: Upon Confirmation
(Reappointment) Term: June 24, 2007

Advisory Panel on Cancer and Chronic Diseases
Carroll County
Maryellen LaRoche, Conway Effective: Upon Confirmation
(Replacing Paula H. Lehmann) Term: December 3, 2005

Fire Standards and Training Commission
Insurance Services Office recommendation
John Hoglund, Nashua Effective: Upon Confirmation
(Reappointment) Term: April 14, 2007

Board of Land Surveyors
Kevin M. McEneaney, Dover Effective: Upon Confirmation
(Reappointment) Term: July 11, 2009

Board of Medicine
Wassfy M. Hanna, Rye Effective: Upon Confirmation
(Reappointment) Term: April 21, 2009

Personnel Director
Karen Levchuk, Concord Effective: Upon Confirmation
(Replacing Joseph D’Alessandro) Term: January 1, 2007

New Hampshire Supreme Court
Chief Justice Effective: Upon Confirmation
John Broderick, Manchester Term: Upon reaching 70 years of age

Volunteer New Hampshire, Board of Directors
Local Labor
Frank Emiro, Londonderry Effective: Upon Confirmation
(New Appointment) Term: Three years from date of Confirmation

OFFICE OF ENERGY AND STATE PLANNING

The Governor and Council acted as follows:

#1 Authorized to enter into a memorandum of agreement with the Department of Health and Human Services, Office of Community & Public Health, 29 Hazen Drive, Concord in the amount of $27,396 to analyze shellfish and water samples for bacteria and toxins. Effective upon approval G&C approval to December 31, 2004. 100% Federal Funds

#2 Authorized to enter into an agreement with the NH Department of Safety, Division of Fire Safety and Management, Bureau of Emergency Management for the purpose of managing the National Flood Insurance Program-Community Assistance, which provides technical assistance to communities on floodplain issues. Effective upon G&C approval to September 30, 2004. (2) Further Authorized to budget and expend $7,499 in prior year federal funds the NH Department of Safety, Division of Fire Safety and Emergency, Bureau of Emergency Management for the National Flood Insurance Program. Effective upon G&C approval to June 30, 2004. 100% Other Funds

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

#3 Authorized under the Community Development Block Grant Program to retroactively amend an existing agreement with the Town of Campton, 1307 NH Route 175, Campton, NH 03223 (previously approved on 8/12/98 and 6/26/02) by extending the completion date from December 31, 2003 to December 31, 2004, No additional state or federal funds are required by this action.

#4 Authorized under the Community Development Block Grant Program to retroactively amend an agreement with the Town of Alstead, PO Box 60, Alstead, NH (previously approved on 6/26/02) by extending the completion date from December 31, 2003 to December 31, 2005. No additional state of federal funds are required by this action.

TREASURY DEPARTMENT

#5 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $8,639.01 to the rightful owners of abandoned or unclaimed funds that have escheated to the general fund.

INSURANCE DEPARTMENT

#6 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler authorized the Insurance Department to pay the National Conference of Insurance Legislators dues assessment for 2004 from account 010-024-2520-026. No General Funds are required. 100% Other Funds

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#7 Authorized Christopher E. Conley, Wolfeboro, NH be confirmed to the rank of Lieutenant Colonel, New Hampshire Army National Guard.

#8 Authorized the New Hampshire State Veterans Cemetery to accept donations in the amount of $2,300, as listed on the attachment of letter of April 6, 2004, to be used for the betterment of the cemetery.

#8A Authorized to establish one full-time temporary Electronic Technician II position, salary grade 20, class 059, effective upon G&C approval through September 30, 2004.

#8B Authorized to transfer appropriated funds in the amount of $27,731.32 within and among organizational units of the appropriation warrant dated July 1, 2003, Chapter 318, Laws of 2003, for fiscal year 2004, to compensate for expected shortfalls and to adjust the budget as specified in letter of April 5, 2004. Fiscal Committee approved

DEPARTMENT OF ADMINISTRATIVE SERVICES

#8C The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, authorized Bureau of Court Facilities to transfer $50,000 in FY 2004 appropriations for necessary improvements to the heating, ventilation, and air conditioning system in the Rockingham County Courthouse, Brentwood, NH. Fiscal Committee approved

DEPARTMENT OF AGRICULTURE, MARKETS AND FOODS

#9 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton, authorized to enter into a sole source agreement with Dr. Jane H. Ricky, Oakland, ME as a component of a Bovine Spongiform Encephalopathy, Foot and Mouth and Emergency Management Surveillance Program in the amount of $64,553 upon G&C approval through April 30, 2005. 100% Federal Funds

DEPARTMENT OF JUSTICE

The Governor and Council acted as follows:

#10 Authorized to designate Diane L. Lawton (position #9U049, appropriation #010-0202611-013-0100 as a salary of $59,000 effective May 10, 2004.

#10A Authorized to amend and approve request to utilize $75,000 in funds previously approved in the case of State v. Manuel Gehring for litigation costs incurred by the Department in other criminal and civil litigation cases as specified in their letter dated March 30, 2004. Fiscal Committee approved

#10B Authorized to accept and expend a grant in the amount of $357,660 from the Federal Office of Juvenile Justice and Delinquency Prevention for Enforcing Underage Drinking Laws. Effective upon G&C approval through May 31, 2005. (2) Authorized to enter into sub-grants totaling $338,653. with the agencies and in the amounts as specified in letter of April 22, 2004. 100% Federal Funds

NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS

#11 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, authorized to budget and expend prior year unexpended federal revenues, received from the US Equal Employment Opportunity Commission, in the amount of $2,000 to be utilized for out of state travel for investigator training needs. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

LIQUOR COMMISSION

#12 The Governor and Executive Council on motion of Councilor Wheeler, seconded by Councilor Burton, authorized to enter into a contract with High Point Communications Group, Inc. 553 Rte 3A Bldg. #3, Bow NH for a total contract price limitation of $48,300 for the sole purpose of providing a public information campaign for Underage Drinking Initiative. 100% Other Funds

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#13 Authorized Division of Forests and Lands to budget prior year carry forward funds in the amount of $55,530 from the Stone Property Trust for the purpose of completing the construction of the Maintenance Barn located at the Urban Forestry Center in Portsmouth and replace equipment lost in the fire of December 10, 2002.

#14 Authorized the Division of Park and Recreation, Bureau of Trails to enter into a Recreational Trails Program Education grant with the Granite State ATV Association, PO Box 2181, Concord, NH for the amount of $5,000. Effective upon date of G&C approval with a completion date of September 20, 2006.

#15 Authorized Division of Economic Development to enter into a grant agreement with North Country Council, Inc., Bethlehem, NH in the amount of $20,000 to provide a match to the North Country Council’s Economic Development Administration Planning Grant. Payment effective upon G&C approval. 100% General Funds

#16 Authorized Division of Economic Development to enter into a grant agreement with The Family Resource Center at Gorham, NH in the amount of $5,000 to assist with funding for the Leadership North Country Project. Effective upon G&C approval through December 31, 2004. 100% General Funds

#17 Authorized Division of Economic Development to enter into a grant agreement with nhfirstJob, Inc., Gilford, NH in the amount of $10,000 to assist with the funding for the nhfirstJob program. Effective upon G&C approval through December 31, 2004. 100% Federal Funds

#18 Authorized Division of Design, Development and Maintenance to enter into a contract with D&D Restoration, LLC, 33 Londonderry Rd, Ste. 4, Londonderry, NH, on the basis of a low bid of $4,975 for the roof replacement on the Brick Freight House at the Fremont Depot, Fremont, NH. Effective upon G&C approval through August 31, 2004. 100% Other Funds

#18A Authorized Division of Economic Development to expend $25,000 from the New Hampshire Economic Development Fund and budget as specified in letter of April 21, 2004. (2) Authorized to enter into a grant agreement of $25,000 with the Manchester Area Convention and Visitors Bureau, 889 Elm St., Manchester, NH for continued support of the Manchester Area Convention and Visitors Bureau for the period ending December 31, 2004. (3) Further Authorized payment of $20,000 from this grant upon G&C approval. 100%Transer

#18B Authorized Division of Economic Development to expend $20,000 from the New Hampshire Economic Development Fund and budget as specified in letter of April 21, 2004. (2) Authorized to enter into a grant agreement in the amount of $20,000 with MechTech of New Hampshire, Inc., 127 Main St., Nashua, NH to promote careers in the machining industry through the MechTech of New Hampshire Apprenticeship Program for the period ending December 31, 2004. (3) Further Authorized payment of $20,000 from this grant upon G&C approval. 100% Transfer

#18C Authorized Division of Economic Development to expend $18,000 from the New Hampshire Economic Development Fund, and budget as specified in letter of April 21, 2004. (2) Authorized to enter into a grant agreement in the amount of $18,000 with the New Hampshire Biotechnology Council, 339 Little Bay Rd., Newington, NH to provide support for the New Hampshire Biotechnology Council’s efforts to upgrade marketing tools to better represent the biotechnology industry and New Hampshire businesses for the period ending December 31, 2004. (3) Further Authorized the payment of $18,000 from this grant upon G&C approval. 100% Transfer

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#19 Authorized to accept and expend $119,512 of federal flow through funds from the Dept. of Health & Human Services, Office of Community and Public Health, Bureau of Environmental and Occupational Health as stipulated by the MOU to enhance the data quality and compatibility between related databases. Effective upon G&C approval through September 30, 2005.

#20 Authorized to enter into a sole source agreement with the University of New Hampshire, Complex Systems Research Center, Durham, NH in the amount of $66502 to develop high resolution hydrographic spatial data for six drainage basins. Effective upon G&C approval through June 30, 2005. Further Authorized an advance payment in the amount of $16,627 in accordance the terms of the Cooperative Project Agreement. 100% Federal Funds

#21 Authorized to enter into an agreement with John Lucas Tree Experts Company, Plymouth, NH in the amount of $11,100 for tree and brush clearing. Effective upon G&C approval through September 30, 2004.

#22 Authorized to enter into an agreement with RAF-Tech Inc., North Hampton, NH in the amount of $14,850 for industrial painting services. Effective upon G&C approval through June 15, 2004.

#23 Authorized to enter into an amended memorandum of agreement with the New England Interstate Water Pollution Control Commission (previously approved by G&C on 4/16/03 item #70) to extend the end date from May 31, 2004 to May 31, 2005 for the purpose of carrying out activities related to the Total Maximum Daily Load Program. This is a no cost time extension.

#24 Authorized to approve an original loan agreement between the Department and the City of Claremont, NH in the amount of 1,750,000 to finance the upgrade of the existing surface water treatment facility. Effective upon G&C approval.

#25 Authorized to approve a supplemental loan agreement with the City of Manchester, NH, which lowers the original loan agreement by $461,180.06 from $2,500,000. to $2,038,819.94 to finance the design of the water treatment plant upgrade. Effective upon G&C approval. 100% Other

#26 Authorized to enter into a grant agreement with the Town of North Hampton, NH in the amount of $7,060 for storm drainage system mapping. Effective upon G&C approval through December 31, 2004. (2) Authorized to award an advance payment in the amount of $1,000 to the Town of North Hampton in accordance with the terms of the grant agreement. 100% Federal Funds

#27 Authorized to award a Local Source Water Protection grant to the Moriarty Management Co., Inc., Campton, NH in the amount of $6,430 to complete a project to install fencing to protect drinking water supply sources. Effective upon G&C approval through June 30, 2005. 100% Federal Funds

#28 Authorized to award a Local Source Water Protection grant to the Town of Colebrook, NH in the amount of $6,634 to complete a project to install fencing to protect drinking water supply sources. Effective upon G&C approval through June 30, 2005. (2) Authorized the Department to award a Local Source Water Protection grant to the Hill Top Cooperative, Inc. (Englewood Park), Raymond, NH in the amount of $5,100 to complete a project to install fencing to protect drinking water supply sources. Effective upon G&C approval through June 30, 2005. 100% Federal Funds

#29 Authorized to award a Household Hazardous Waste grant to the Pemi-Baker Solid Waste District, Bethlehem, NH for an amount not to exceed $5,286.56 for the purpose of conducting a household hazardous waste collection project. Effective upon G&C approval through December 31, 2004. 100% Other Funds

#30 Authorized to award Wastewater State Aid Grants in an aggregate amount of $525,125 for water pollution control projects for the organizations and in the amounts as specified in letter of April 24, 2004. Effective upon G&C approval. Funding for these grants is contingent upon the availability and continued appropriation of funds. 100% General Funds

#31 Authorized to approve Joan Dwyer’s request to attach and construct a 4 ft. x 4ft. permanent platform and a 3 ft x 20 ft. ramp leading to an 8 ft. x 8 ft. float, to an existing 4 ft. x 45 ft. pier along 102 feet of frontage on property located along the Piscataqua River Back Channel in New Castle. This project will not significantly impair the resources this tidal river.

NEW HAMPSHIRE FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#32 Authorized to accept donations of educational supplies, materials and others to support specific programs donated by the Great Bay Stewards as follows: school program supplies ($1,899.65), materials for Sandy Point Discovery Center ($1,122.09) and a model horseshoe crab (415.00). The total for these donations is $3,436.74.

#33 Authorized to accept a lake trout mount, valued at approximately $500. from Mr. and Mrs. Robert Mosher in the memory of their son Edward Mosher.

#33A Authorized the transfer of $16,260 from the Operating Reserve to the Fish and FY 2004 Operating Budget to be used for a matching grant toward the completion of Owl Brook Hunter Education Center in Holderness, NH. (2)Accept and expend $71,495 in Federal Aid in Wildlife Restoration funds to complete the development of the Owl Brook Hunter Education Center. Effective from G&C approval to December 31, 2005. Fiscal Committee approved

#33B Authorized to transfer and expend $195,557 to cover the cost of the billing sent by Administrative Services for the Statewide Cost Allocation Plan and allow for the continuation of retirees health insurance premiums for the remainder of the fiscal year 2004. Fiscal Committee approved

#33C Authorized to transfer $13,000 to increase the original appropriation and allow for continue payment of necessary heat, electricity and water expenses. Fiscal Committee approved

NEW HAMPSHIRE VETERANS HOME

#34 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton, authorized to accept the list of monies totaling $18,149.52 as specified in the letter of April 19, 2004, received during the period of January 1, 2004 to March 31, 2004, as a result of fundraising drives from various organizations and from personal contributions. These monies are placed in the Veterans Home Benefit Fund.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

#34A TABLED – The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, voted to table the request to accept and expend $1,265,720 in federal funds and $603,541 in others funds, and transfer $5,313,410 as specified in their letter of April 12, 2004 to address projected expenses in the Department. Fiscal Committee approved

#34B Authorized to transfer $407,456.50 in state general funds otherwise un-appropriated, and accept and expend $407,893.96 in federal funds, as specified in their letter dated April 9, 2004. Fiscal Committee approved

#35 NOT USED

Division of Family Assistance
#36 Authorized to enter into a sole source agreement with the New Hampshire Department of Education, Division of Adult Learning and Rehabilitation, through inter-governmental transactions, in the amount of $340,438.86 to provide medical assessment services from April 1, 2004 or date of G&C approval whichever is later, through June 30, 2005. 100% Federal Funds

#36A Authorized to enter into a retroactive Educational Tuition Agreement and to pay said costs in the amount of $793 to the College of Lifelong Learning, 66 Main St., Gorham, NH for Lucille L. Wiemer, for a course entitled “Seminar in Behavioral Science” from 4/10/04 to 6/19/04. 50% Federal Funds/50% General Funds

Office of Program Support
#37 Authorized Bureau of Food Protection to enter into a sole source agreement with the New Hampshire Grocers Association, 110 Stark Street, Manchester, NH in the amount of $4,000 to provide meeting space and administrative support to NH Safe Food Alliance. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

Division of Children, Youth and Families
#38 Authorized to retroactively enter into a sole source agreement with Southern New Hampshire Services, Inc. Manchester, NH in the amount of $5,000 to provide Head Start Oral Health Conference Planning and Coordination services for the period of April 12, 2004 through April 13, 2004. 100% Federal Funds

Office of Community and Public Health
#39 Authorized Bureau of Rural Health and Primary Care to enter into an agreement totaling $19,258 with The Memorial Hospital, PO Box 5001, North Conway, NH for the Small Hospital Improvement Program. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

#40 Authorized Bureau of Rural Health and Primary Care to enter into an agreement with Melissa Hanrahan, MD, Northfield, NH for an amount not to exceed $20,000 for physician loan repayment. Effective upon G&C approval through June 30, 2006. 100% Federal Funds

#41 Authorized the Department and the Department of Safety under authority of the memorandum of understanding signed on September 4, 2003 to enter into an agreement totaling $120,399 with the Home Care Association of New Hampshire, 8 Green Street, Concord, NH to provide bioterrorism preparedness training to home care agencies, for the period of March 24, 2004 or the date of G&C approval whichever is later, through June 30, 2005. (2)Authorized an advance payment not to exceed 25% of the contract amount for initial startup costs for projects with the contract. 100% Federal Funds

#42 Authorized the Department and the Department of Safety under authority of the memorandum of understanding signed on September 4, 2003 to enter into an agreement totaling $31,727 with the Macro International, Inc., 126 College Street, Burlington, VT to conduct a statewide survey to assess the food safety and security awareness, attitudes, and procedures for food establishments. This agreement will begin on May 1, 2004 or G&C approval date whichever is later and end on September 31, 2004. 100% Federal Funds

#43 NOT USED

Division of Elderly and Adult Services
#44 Authorized to enter into a sole sourceretroactive agreement with Manchester Housing & Redevelopment Authority, Manchester, NH in an amount not to exceed $118,787 to provide Congregate Housing Services. Effective retroactive to March 1, 2004 through June 30, 2005. 100% General Funds

New Hampshire Hospital
#45 Authorized to make a retroactive unencumbered payment in the amount of $1,734. to Melanson Company, Inc., 5 Old Ferry Road, NH for emergency roof repairs completed in previous fiscal years. 100% General Funds

#46 Authorized an agreement between the hospital and the New Hampshire Technical Institute for Enhanced Nurse Development and Training a (previously approved by G&C on 5/15/2002, item #144) and an authorization for Adam Mahair to receive tuition assistance in the amount not to exceed $8,205 (previously approved by G&C on 9/4/02, item #131A) Authorized Adam Mahair to receive additional tuition assistance under this program in the amount of $2,993. and a total amount not to exceed $11,198. Effective upon G&C approval through the completion of all course requirements for the Institute’s Registered Nurse Associate Degree Program 100% General Funds

#47 NOT USED

Division of Behavioral Health
#48 Authorized to enter into a retroactive agreement with Families in Transition, Inc., 122 Market Street, Manchester, NH in an amount not to exceed $30,000 to provide services to homeless individuals. This amount represents an award retroactive to January 1, 2004 through December 31, 2004. 100% Federal Funds

#49 Authorized to enter into a retroactive agreement with My Friend’s Place, 368 Washington Street, Dover, NH in an amount not to exceed $40,000 to provide services to homeless individuals. This amount represents an award retroactive to January 1, 2004 through December 31, 2004. 100%Federal Funds

#50 Authorized to enter into a retroactive agreement with Community Services Council of New Hampshire, PO Box 2338, Concord, NH in an amount not to exceed $22,150. to provide services to homeless individuals. This amount represents an award retroactive to January 1, 2004 through December 31, 2004. 100%Federal Funds

#51 Authorized to enter into a retroactive agreement with Community Action Program Belknap-Merrimack Counties, Inc., PO Box 1016, Concord, NH in an amount not to exceed $79,000 to provide services to homeless individuals. This amount represents an award retroactive to January 1, 2004 through December 31, 2004. 100%Federal Funds

Office of Research & Analysis
#51A Authorized to accept and expend a State Innovation Grant in the amount $262,797 from the US Department of Health and Human Services, National Institute of Child Health and Human Development. The purpose of the grant program is to invite state agencies to plan for, or implement, innovative approaches for the delivery of health and human services. Fiscal Committee approved

#51B Authorized to enter into a lease agreement with Nyane Associates Limited Partnership, 300 Bedford St., Manchester, NH for a ten-year and four month term commencing May 5, 2004 and ending September 15, 2014. Occupancy of the premises and commencement of rental payments shall be four months thereafter, September 15, 2004 after completion of all specified renovations. The total cost of the lease is $6,457,963.92 and the annual cost for the first fiscal years is $469,439.20, which is $19.28 per square foot. The space is comprised of 28,780 gross square feet of space located on the first floor of “Mill West Corporate Center”, 195 McGregor St., Manchester, NH. 45% Federal Funds/55% General Funds

NEW HAMPSHIRE BOARD OF NURSING

#51C The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek

authorized to transfer $19,180 to provide for the continued efficient operation of the Board. The transfers are necessary to make certain the Board is sufficiently staffed to ensure the safety of the public against the unprofessional behavior of the licensees regulated and licensed by the Board.

Fiscal Committee approved

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#52 Authorized to establish the salary level of Virginia O’Brien Irwin, Director, Division of Instruction, to Group GG, Step 3 ($69,533) effective retroactive to March 17, 2004 the date of her appointment by the State Board of Education. 100% General Funds

#53 Authorized the reclassification of Position #13219, Administrator I (Labor Grade 27) to an Educational Consultant III (Labor Grade 28) in the Department of Education. 100% Federal Funds

#54 Authorized the reclassification of Position #13294, Education Consultant II, Salary Grade 27, to an Administrator II, Salary Grade 29 in the Department of Education. 100% Federal Funds

#55 Authorized to budget and expend additional grant funds from the US Department of Education for the NAEP assessments required by the No Child Left Behind legislation. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

#56 Authorized renewal option and grant funds to the College for Lifelong Learning, Concord, NH in an amount not to exceed $215,002 (previously approved by G&C on 4/2/03, to provide assistance to school districts in the professional development of paraeducators. Effective from July 1, 2004 through June 30, 2005, and Authorized the said unencumbered payment of said grant with internal accounting control within the Department of Education. 100% Federal Funds

#56A Authorized Division of Adult Learning and Rehabilitation to enter into a lease agreement with Nyane Associates Limited Partnership, 300 Bedford Street, Manchester, NH for a ten-year and four month term commencing May 5, 2004 and ending September 14, 2014. Occupancy of the premises and commencement of rental payments shall be four months thereafter, Sept. 15, 2004, after completion of all specified renovations. The total cost of the lease is $617,175.24, and the annual cost for the first year is $53,833.08 which is $13.00 per square foot. The space is comprised at 4,141 gross square feet of space located on the first floor of “Mill West Corporate Center”, 195 McGregor Street, Manchester, NH. 75% Federal Funds/25% General Funds

NH COMMUNITY TECHNICAL COLLEGE SYTEM

#57 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized to enter into a contract with Daniel G. Boudette Specialized Turf Services, 271 Church Road, Pembroke, NH in the amount of $6,120,80 for the purpose of athletic field maintenance at NHTI. Effective upon G&C approval through November 15, 2004. 100% Other Funds

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#58 Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to hold a workshop titled “Debris Management” on May 11, 12, and 13, 2004 at the Cabot Motor Inn, Lancaster, NH. The total cost of the workshop shall to exceed $6,050.49. (2)Further Authorized a contract with the Cabot Motor Inn, Lancaster, NH, the only qualified bidder, for a function room, meals and rooms in the amount of $5,300.49. Effective upon G&C approval through May 13, 2004.

(3)Further Authorized a sole source contract with Alan Cote in the amount of $750 to serve as the workshop instructor. Effective upon G&C approval through May 13, 2004. 100% Federal Funds

#59 Authorized Division of Fire Standards and Training/EMS to enter into a retroactivesole source maintenance agreement in the amount of $6,936. with Economy Plumbing and Heating Company, d/b/a Controtech Division of Keene, NH to provide annual inspection and maintenance service on the boilers at the Fire Academy. Effective April 1, 2004 to March 31, 2005. 100% Revolving

#60 Authorized Division of State Police to enter into a $8,000 sole source contract with Adaltis US, Inc. of Allenstown, PA to provide maintenance for the Personal Lab Chemistry Analyzer in the Forensic Laboratory. Effective upon G&C approval through March 31, 2005. 100% Highway

#61 Authorized Division of Administration to accept and expend an additional $3,950 grant from the Federal Highway Administration for the Federal/State Motor Fuel Tax Compliance Project. 100% Federal Funds

#62 Authorized the renewal permit of Cottage Owners Association located on Sunapee Lake in Newbury, NH, for a congregate mooring field, renewal of 25 moorings.

#63 Authorized the renewal permit of Colonial Cottages Homeowners Association on Newfound Lake, Bristol, NH, for a congregate mooring field, renewal of 8 moorings.

#64 Authorized the renewal permit of Bristol Shores Association on Newfound Lake in Bristol, NH, for a congregate mooring field, renewal of 14 moorings.

#65 Authorized the renewal permit of Camp Pasquaney located on Newfound Lake in Hebron, NH, for a congregate mooring field, renewal of 12 moorings, plus one new additional mooring for a total of 13.

#66 Authorized the renewal permit of Camp Kabeyun located on Lake Winnipesaukee, Alton, NH for a congregate mooring field, renewal of 8 moorings.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#67 Authorized the Bureau of Right-of-Way petition for a hearing on alteration to NH Route 4A and Main Street in the Town of Enfield, as detailed in letter dated April 5, 2004. (2) Further authorized to appoint the suggested commission to hold the hearing, to layout the new highway at this location, for a suggested budget of $3,493.75.

#68 Authorized the Bureau of Right-of-Way petition for a hearing on alterations to NH Route 125 in the Towns of Plaistow and Kingston, as detailed in letter dated April 6, 2004. (2) Further authorized to appoint a commission to hold the hearing, and, if the necessity is found, to layout the new highway at this location, for a suggested budget $17,587.50.

#69 Authorized to accept and place on file the Bureau of Right of Way’s Contemplated Award List for the period April 2, 2004 through April 14, 2004.

#70 Authorized the Informational Report “Contemplated Awards List for amounts less than $5,000 for the time period extending from January 1, 2004 through March 31, 2004”.

#71 Authorized the Informational Report “Contemplated Awards List for amounts less than $5,000 for the time period extending from October 1, 2003 through December 31, 2003.

#72 Authorized the Informational Report “Contemplated Awards List for amounts less than $5,000 for the time period extending from July 1, 2003 to September 30, 2003.

#73 Authorized to enter into a sole source agreement with the New Hampshire Association of Broadcasters, 707 Chestnut St., Manchester, NH for the airing of radio announcements between May 20, 2004 and August 31, 2004 emphasizing work zone safety. This contract will utilize $30,000 from a Federal incentive grant aimed at supporting initiatives enhancing highway safety throughout the State.

#74 Authorized to enter into an agreement with the City of Manchester, delineating duties and responsibilities of both parties for planning, constructing, and maintaining improvements to Granite Street from Elm Street to Main Street in Manchester, NH.

#75 Authorized to enter into an agreement with Vanasse Hangen Brustlin, Inc., 6 Bedford Farms, Ste 607, Bedford, NH for a fee not to exceed $200,000 to enable the Department to meet the implementation requirements imposed under the Environmental Protection Agency NPDES Phase II regulations. Compensation to the consultant will be made on a specific rate of pay basis. Effective upon G&C approval with completion date for all services 2 years from the effective date.

#76 Authorized contract #856173 with Larry G. Cushing & Sons, Inc., Walpole, NH on the basis of a low bid of $2,258. This contract provides for filter installation for Wayne Wright, 307 High Street, Candia, NH. Effective upon G&C approval.

#77 NOT USED

#78 NOT USED

#79 TABLED – The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding, voted to table the request of Bureau of Rail and Transit to enter into a new lease agreement for a parcel of land with Canterbury Classics, Inc., 100 New Salem Street, Laconia, NH, on the state-owned Concord to Lincoln Railroad Corridor in Laconia for $986. per year for a period of 5 years, and negotiable for an additional five year period.

#80 Authorized contract with NES Traffic Safety, LP, Avon, MA on the basis of a low bid of $2,645,515 for replacement of existing signs, installation of new signs and removal of old signs allowing for the implementation of an electronic toll collection system at ten toll plazas. Effective upon G&C approval with final completion date of May 6, 2005.

#81 Authorized contract #856194 with Pike Industries, Inc., Belmont, NH on the basis of a low bid of $1,356,997.76 for the reconstruction of the NH Route 11 and NH Route 153 intersection.

#82 Authorized to increase contract #712335 with M. E. Latulippe Construction Co., Inc. 61 Thompson Street, Ashland, NH by $85,000 for a new contract total of $330,000. (Previously approved by G&C on 6/4/03, item #165).

#83 Authorized an increase of Fiscal Year 2004 appropriated funds for the Bureau of Turnpikes, to provide for maintenance and toll operations expenditures as specified in letter of April 26, 2004. The total request of $1,044,000 will be transferred from Turnpike Retained Earnings.

#84 Authorized to transfer $1,398.500 to the Bureau of Traffic account, Bureau of Highway Maintenance Account, Bureau of Mechanical Services Account, and Bureaus of Bridge Design Construction, Materials and Research and Right of Way Accounts to have funds available and work for the remainder of the fiscal year can be completed with the balance after the transfer. Fiscal Committee approved

#85NOT USED

#86 Authorized to accept Federal Funds in the amount of $398,311 for this AIP-17 project to install fencing and gates (approximately 5,300 LF) and replace/install four new obstruction lights. (2) Further resolve to authorize to match the $398,311 in Federal Funding with state funds in the amount of $44,256.50 (10%) totaling $444,2567.50 for this AIP-17 project. (3) Further resolve to authorize to enter into a contract with Cassidy Electric Co., 146 Londonderry Tpk., Hooksett, NH in the amount of $262,967.50 for the installation of access gates and approximately 5,300 LF of fencing at the Skyhaven Airport, Rochester, NH. (4) Further resolve to enter into a contract with Moulison North Corporation, PO Box 348, Biddeford, ME in the amount of $95,800 for the construction of airport obstruction lights at the Skyhaven Airport, Rochester, NH. (5) Further resolve to Authorized the expenditure of $1,000 for administrative costs to the Department of Transportation, Bureau of Finance and Contracts.

#87 TUITION REQUESTS

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, with Councilor Wheeler voting NO on J, and O withdrawn by agency authorized the requests:

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Walden University, Baltimore, MD, the sum of $1,172.50 for the sole purpose of enrolling Kathleen Dotter, Assistant Professor, in the on-line courses entitled “Developmental Psychology” and “ Statistics I”.

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $270.00 for the sole purpose of enrolling Wendy Ann Smith, Associate Professor, in the course entitled “Issues in College Teaching”.

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $540.00 for the sole purpose of enrolling Wendy Ann Smith, Associate Professor, in the course entitled “Teaching with Writing”.

D. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,218.00 for the sole purpose of enrolling Patricia North, Air Pollution Control Engineer III, in the course entitled “Work Environment Policy and the Health of Workers”.

E. HEALTH & HUMAN SERVICES, Division of Alcohol & Drug Abuse Prevention and Recovery - Request permission to pay Southern New Hampshire University, Nashua, NH, the sum of $627.00 for the sole purpose of enrolling Samantha Lucier, Accountant III, in the course entitled “Organizational Leadership”.

F. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Manchester, NH, the sum of $1,600.00 for the sole purpose of enrolling Robert Boisvert, Assistant Administrator, in the courses entitled “Building Multicultural Organizations and Communities” and “Program Evaluation”.

G. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Rivier College, Nashua, NH, the sum of $1,179.00 for the sole purpose of enrolling Melissa Brien, Child Protective Service Worker Coordinator, in the course entitled “Counseling Theory”.

H. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $979.00 for the sole purpose of enrolling Lori-Jean Brodeur, Juvenile Probation & Parole Officer, in the course entitled “Counseling Theory and Practice”.

I. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay Springfield College, Manchester, NH, the sum of $1,600.00 for the sole purpose of enrolling Jade Marston, Child Protective Service Worker, in the courses entitled “Human Service Delivery Systems” and “ Genre/Gender & Justice”.

J. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Manchester, NH, the sum of $2,000.00 for the sole purpose of enrolling Anna Phinney, Child Protective Service Worker, in the courses entitled “Building Multicultural Organizations and Communities” and “Project IV”.

K. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,179.00 for the sole purpose of enrolling Teresa Brown, Health Promotion Advisor, in the course entitled “Public Health, Work, Environmental Policy and Health of Workers”.

L. HEALTH & HUMAN SERVICES, Employee Assistance Program - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $490.00 for the sole purpose of enrolling Linda Brewer, Employee Assistance Program Specialist, in the course entitled “Research Methods in Social Work”.

M. HEALTH & HUMAN SERVICES, Office of Program Support - Request permission to pay New Hampshire Technical College, Laconia, NH, the sum of $452.00 for the sole purpose of enrolling Susan Dupuis, Executive Secretary, in the course entitled “Spreadsheets”.

N. HEALTH & HUMAN SERVICES, Office of Program Support - Request permission to pay New Hampshire Technical College, Laconia, NH, the sum of $408.00 for the sole purpose of enrolling Susan Dupuis, Executive Secretary, in the course entitled “Critical Thinking and Decision Making”.

O. WITHDRAWN BY AGENCY-INSURANCE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $699.00 for the sole purpose of enrolling Christine Wenners, Secretary II, in the course entitled “Human Relations in Administration”.

#88 TRAVEL REQUESTS

The Governor and executive council on motion of Councilor Griffin, seconded by Councilor Burton, authorized the request:

A. SAFETY, Division of State Police - Request permission for (1) employee, Mark Armaganian, Sergeant Major Crime Unit, or designee, to travel to Fort Indiantown Gap, Annville, PA on August 16-November 5, 2004, to attend the Polygraph Examiner Training. Permission is also requested for a waiver to exceed the 300-mile radius by state vehicle. Total Cost: $500.00. Source of Funds: 100% Highway Funds. No Registration Fees.

LATE ITEM AGENDA

DEPARTMENT OF JUSTICE

A. Authorize the Department of Justice to enter into sub grants for programs aimed to promote gun safety, totaling $23,486.00, from the date of Governor And Executive Council approval to September 30, 2005.

B. Authorize the Department of Justice to enter into a sub grant for a program aimed at reducing gun crime, totaling $91,978.00 from the date of Governor and Executive Council approval to September 30, 2005.

DEPARTMENT OF ADMINISTRATIVE SERVICES

C. Request permission to pay New England College, Henniker, the sum of $400.00 for the sole purpose of enrolling Kelly Brown, Agency Records Auditor, in the course entitled “Organizational Management and Leadership”.

D. Request permission to pay New England College, Henniker, the sum of $400.00 for the sole purpose of enrolling Ann-Marie Hartshorin, Agency Record Auditor, in the course entitled, “Organizational Management and Leadership”.

DEPARTMENT OF TRANSPORATION

E. Authorize to enter into a contract with North Branch Construction, Inc., 50 Western Avenue, Henniker, NH for a lump sum price of $29,190,716 for an Architecturally Secure Facility for Juveniles, Youth Development Center, 1056 River Road, Manchester, NH. Further resolve contract #710974 with Lavallee/Brensinger Professional Association, 155 Dow Street, Suite 1, Manchester, NH. Further resolve that the amount of $50,000 be approved for payment to NH Department of Transportation, Bureau of Public Works for engineering services provided.

Item removed from Table

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Community & Public Health
#79 The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Wheeler, voted to remove Item #79 which was tabled at the March 24, 2004 Governor and Executive Council Meeting. Councilor Wheeler. seconded by Councilor Wieczorek, voted to approve the request of the Bureau of Maternal and Child Health with the following amendment “that the Grant provide “Abstinence only” education only, and that the Guarantee will require parental permission before a child may participate in said education as laid out by the Commissioner’s letter to the council” to amend the agreement with Valley Regional Healthcare, Inc., Claremont, NH, (previously approved by G&C on 6-25-03, item #233D, amended on 1-21-04, Late Item P), to provide abstinence education to youth ages 11-15 years old and who are residing in Sullivan County, by increasing the price limitation by $4,500 from $576,116 to $580,616. Effective upon G&C approval through June 30, 2005. (2)Further Authorize to process an advance payment of 33% of the contract upon G&C approval. 100% Federal.

Next Council meeting is scheduled for Wednesday May 19, 2004 at 10:00 a.m. at the State House in Concord, NH.

The Honorable Board then Adjourned.

The Governor and Executive Council convened at 1:30 p.m. with Councilor Burton, Councilor Spaulding, Councilor Wieczorek, and Councilor Wheeler present and Council Griffin absent

PARDON HEARING

A hearing for the pardon of Theodore Brian Korpi was held. Mr. Korpi testified on his own behalf with no opposing parties present. The Governor closed the hearing and the Governor and Executive Council met with legal counsel in private session. After the meeting with legal counsel, the Governor and Executive Council returned to the table and announced the motion of Councilor Burton, seconded by Councilor Wheeler and further on a roll call vote of: Councilor Burton – yes, Councilor Spaulding – yes, Councilor Griffin – absent, Councilor Wieczorek – yes, and Councilor Wheeler –yes, approved the request of Theodore Brian Korpi for a pardon for the offense of Hindering Apprehension.

The Honorable Board then Adjourned.

 

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