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Minutes
May 19, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
May 19, 2004 10:00 a.m.

The Governor and Executive Council convened at 10:00 a.m. with all members present.

The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler, accepted the minutes of May 5, 2004.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Spaulding approved the appointment of several persons nominated for Civil Commissions from the May 5, 2004 meeting.

The Governor placed in nomination the several persons who applied for Civil Commissions.

Resignations

The Governor and Executive Council, with regret , accepted the following

American & Canadian French Cultural Exchange Commission
Henri R. Bersoux, Bennington Effective: May 19, 2004

Fish and Game Commissioner
Stephen G. Hodges, Meredith Effective: May 19, 2004
(Belknap County)

University of New Hampshire Board of Trustees
John H. Lynch, Hopkinton Effective: May 19, 2004

The Governor and Executive Council, with regret and thanks, accepted the following:

Adult Parole Board
Leon Cyr, Candia Effective: July 1, 2004

Confirmations

The Governor and Executive Council confirmed the following:

Committee on Aging
Hillsborough County
Robert H. Montgomery, Goffstown Effective: May 19, 2004
(Reappointment) Term: June 24, 2007

Committee on Aging
Grafton County
Susan M. Presby, Littleton Effective: May 19, 2004
(Reappointment) Term: June 24, 2007

Committee on Aging
Rockingham County
Robert W. Forsing, Raymond Effective: May 19, 2004
(Reappointment) Term: June 24, 2007

Advisory Panel on Cancer and Chronic Diseases
Carroll County
Maryellen LaRoche, Conway Effective: May 19, 2004
(Replacing Paula H. Lehmann) Term: December 3, 2005

Fire Standards and Training Commission
Insurance Services Office recommendation
John Hoglund, Nashua Effective: May 19, 2004
(Reappointment) Term: April 14, 2007

Board of Land Surveyors
Kevin M. McEneaney, Dover Effective: May 19, 2004
(Reappointment) Term: July 11, 2009

Volunteer New Hampshire, Board of Directors
Local Labor
Frank Emiro, Londonderry Effective: May 19, 2004
(New Appointment) Term: May 19, 2007

The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek, voted to confirm Karen Levchuk, Rye as Personnel Director with the following amendment: Salary Grade HH, Step 3.

Personnel Director
Karen Levchuk, Concord Effective: May 19, 2004
(Replacing Joseph D’Alessandro) Term: January 1, 2007

FAILED-The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Spaulding, with Councilor Wieczorek, Councilor Wheeler, and Councilor Burton all voting NO, FAILED to confirm Wassfy Hanna, Rye to the Board of Medicine.

Board of Medicine
Wassfy Hanna, Rye

Nominations

Business Finance Authority
Michael P. Nolin Jr, Bow Effective: Upon Confirmation
Replacing Ralph White Term: November 3, 2004

Children, Youth and Families Advisory Board
Merrimack County
Donna Raycraft, Penacook Effective: Upon Confirmation
Reappointment Term: July 1, 2007

Dental Examiners Board
(Dental Hygienists)
Linda Seedner, Lee Effective: Upon Confirmation
Reappointment Term: July 15, 2009

Dental Examiners Board
Charles Post, Keene Effective: Upon Confirmation
Reappointment Term: July 15, 2009

Dental Examiner Board
Elliot Paisner, Nashua Effective: Upon Confirmation
Reappointment Term: July 26, 2009

Housing Finance Authority
Residential Mortgage Banking
Harold A. Acres, Nashua Effective: Upon Confirmation
Replacing Hollis E. Harrington, Jr. Term: July 1, 2009

Nashua District Court Effective: Upon Confirmation
Clifford Kinghorn, Amherst Term: Upon reaching
70 years of age

Passenger Tramway Safety Board
Insurance Industry
Selden Hannah, Rochester Effective: Upon Confirmation
Reappointment Term: June 1, 2008

Waste Management Council
Licensed Sanitary or Environmental Engineer from Private Industry
Arthur Cunningham, Bow Effective: Upon Confirmation
Reappointment Term: April 21, 2008

OFFICE OF ENERGY AND STATE PLANNING

#1 NOT USED

#2 NOT USED

OFFICE OF INFORMATION TECHNOLOGY

#3 The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized to accept and expend a gift of in kind services for transportation from Concord, NH to Framingham, MA in the sum of $1,254, effective on date of G&C approval to be accepted on May 19, 2004.

OFFICE OF ADJUTANT GENERAL

The Governor and Council acted as follows:

#4 Authorized Kevin M. Major, Sandown, NH be nominated for promotion to the rank of Lieutenant Colonel, New Hampshire Army National Guard. This officer meets all perquisites for this grade, having been found to be physically, mentally, and professionally qualified.

#5 Authorized to enter into a contract with JWC Enterprises d/b/a Chemserve in an amount not to exceed $34,376.34 for hazardous waste and environmental testing at New Hampshire Army National Guard facilities for the period July 1, 2004 to June 30, 2006. 100% Federal Funds

#6 Authorized Lt. Commander Christopher E. Cieurzo, 13 Merrill Road, Freeport, ME be nominated for appointment to the rank of Major, New Hampshire Air National Guard. This officer meets all perquisites for this grade, having been found to be physically, mentally, morally, and professionally qualified.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#7 Authorized list of Governor and Council meeting dates for the period of June through December 2004.

#8 Authorized the Salary Adjustment Fund and the Employee Benefit Adjustment Fund for agency transfers for the month of April.

#9 Authorized to accept and place on file “Informational Item” report containing a list of vendors that agencies have contracted with for the period of January 1, 2004 through March 31, 2004 as detailed in letter of April 26, 2004.

#10 Authorized a Working Capital Warrant in the amount of $480,000,000 to cover expenditures for the month of June 2004. (2)Further authorized the acceptance of a Working Capital Warrant reporting expenditures of $290,263,048.55 for the month of April and recommends the balance of $79,736,951.45 be lapsed.

#11 Authorized Bureau of Court Facilities to enter a lease extension with Merrimack County, 4 Court Street, Ste. 2, Concord, NH in the amount of $495,500.16 covering office and courtroom space located on 163 N Main Street, Concord, (previously approved on June 6, 2001, item #6) which includes janitorial services reimbursement. Effective July 1, 2004 through June 30, 2006.

#12 Authorized Bureau of Court Facilities to enter a lease extension with Merrimack County, 4 Court Street, Ste. 2, Concord, NH in the amount of $176,866.56 covering office and courtroom space located on 163 N Main Street, Concord, (previously approved on June 6, 2001, item #8) which includes janitorial services reimbursement. Effective July 1, 2004 through June 30, 2006.

#13 Authorized list of agencies transfers for the Fiscal Year 2004 during the month of April.

#14 Authorized Bureau of Court Facilities to enter a lease extension with the City of Berlin, 168 Main St., Berlin, NH in the amount of $31,297.56 covering office and courtroom space located on 220 Main Street, Berlin, NH (previously approved on June 4, 2003, item #19).

#15 Authorized to amend a contract with Class Act Cleaning Service, LLC, Berlin, CT (previously approved on June 25, 2003, item #32) and increasing the cost of $42,511.46 from $527,257.20 to $569,768.66 for janitorial services, at the Health and Human Services Building, 29 Hazen Drive, Concord, NH .

TREASURY DEPARTMENT

#16 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 $7,539.73 to the rightful owners of abandoned or unclaimed funds that have escheated to the general fund.

DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

#17 Authorized Division of Arts to enter into a contract with Dreeszen & Associates, Florence, MA in the amount of $10,500 to assist the State Council on the Arts with the design and documentation of a Federally mandated update to the New Hampshire State Council on the Arts strategic plan for the national Endowment for Arts. Effective upon approval of G&C through December 30, 2004. 100% Federal Funds

#18 Authorized Division of Libraries, to accept and expend a grant from Cogswell Benevolent Trust, Manchester in the amount of $1,500 for the Summer Reading Experience with the budget as specified in letter of May 3, 2004.

100% Other Funds

DEPARTMENT OF JUSTICE

The Governor and Council acted as follows:

#19 Authorized to designate Katherine Cooper (Position #9U223) as an attorney at a salary of $55,000. Effective June 14, 2004.

#20 WITHDRAWN BY GOVERNOR

#21 Authorized to retroactively reappoint Nancy J. Smith (Position #9U288), as an Assistant Attorney General effective September 1, 2003 through September 1, 2008.

EMPLOYMENT SECURITY

The Governor and Council acted as follows:

#22 Authorized to accept and expend additional funds in the amount of $62,297 from the Workforce Opportunity Council, Inc. for services to be provided by NHES associated with the NH Works Jac Pac Worker Assistance Project. Effective May 1, 2004 or the date of G&C approval, whichever is later, through May 1, 2005.

#22A Authorized to accept and place on file the “Informational Item” letter advising that the Department intends to exercise an option in its agreement for construction and lease purchase for property located at 6 Townsend West, Nash, New Hampshire with Nashua Astoria, LLC to buy out the balance of the lease/purchase agreement. (Originally approved on 6/26/02, item #78A).

DEPARTMENT OF LABOR

#23 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wheeler, authorized to accept and expend additional grant funds in the amount of $36,909 from the federal US Department of Labor, Mine Safety and Health Administration to administer and promote a mine worker training program in New Hampshire. Effective from G&C approval to September 30, 2004. (2) Further authorized to retroactively accept and expend registration fees in the amount of $35.00 from each participant in mine training seminars, as part of the federal program noted above, totaling $10,045 to defray the cost of facility expenses for the period from October 1, 2003 to September 30, 2004

DEPARTMENT OF CORRECTIONS

The Governor and Council as acted follows:

#24 Authorized to accept a donation of an iron from Susan Young of the North Country Facility. The total value of this donation is $7.00.

#25 Authorized to accept a donation of $50 from Kathleen D. Fletcher, Secretary of the Association of NH Law Libraries, One Noble Drive, Concord. The total value of this donation is $50.

#26 Authorized to accept a donation of GED math books from Regina Lavoie, Education Supervisor at the North Country Facility. The total value of this donation is $117.53.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#27 Authorized to accept and expend from Acadia Insurance Co., Westbrook, ME a settlement of $11,500 for roof damages to the Baldwin Forestry Center at Fox Research Forest by their insured Garland Lumber Company Inc. during forestry operations on said property, and budget these funds as specified in letter of April 9, 2004. (2) Further Authorized a sole source retroactive amendment to contract with D&D Restoration, LLC, 33 Londonderry Road, Londonderry, NH by increasing said contract by $11,600 for a new total of $35,595.20 and to retroactively extend the end date to June 30, 2004 in order to repair the roof damage to the Baldwin Forestry Center. Effective upon G&C approval. 100% Other Funds

#28 Authorized Design, Development and Maintenance to enter into a contract with Seacoast Drywall, LLC, 55 Old Beach road, Rye, NH on the basis of a low bid of $9,275 for the installation of drywall at the Urban Forestry Center, Portsmouth, NH. Effective upon G&C approval to June 30, 2004. 100% Other Funds

#29 Authorized Division of Parks and Recreation, Bureau of Trails to retroactively enter into Grant-in-Aid Trail Maintenance Contracts (Winter Trail Grooming) with the OHRV clubs as specified in letter of April 20, 2004.

#30 Authorized the Division of Parks and Recreation to accept and expend $10,000 from a grant given by the Department of Cultural Resources for the conservation of the Wentworth-Coolidge Mansion; and the budget the receipt and expenditures of these funds as specified in letter of April 28, 2004. 100% Other Funds

FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#31 Authorized to accept a donation in the amount of $3,239.98 to support the activities at the Sandy Point Discovery Center.

#32 Authorized to accept a $520 donation from the Newington Wal-Mart be deposited into the “Let’s Go Fishing” Program.

#33 Authorized to enter into a contract with Sean Tracey Associates, Portsmouth, NH to provide editing, graphics and post productions services for the development of a video for school children in an amount not to exceed $9,440. Effective upon G&C approval through August 30, 2004. (2) Further Authorized advance payment in the amount of $3,146.66 upon G&C approval.

#34 Authorized to enter into a contract with Danley Demolition, Inc., Fremont, NH in the amount of $19,900 to remove several dilapidated and abandoned buildings on land managed through the Great Bay National Estuarine Research Reserve. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#35 Authorized to enter into an agreement with the Green Mountain Conservation Group, South Effingham, NH in the amount of $30,000 for the Ossipee Watershed Environmental Planning Initiative. Effective upon G&C approval through December 31, 2006. 100% Federal Funds

#36 Authorized to approve an amendment to a loan agreement with the City of Manchester, by increasing the amount by $470,000 from $2,500,000 to $2,970,000 to finance the upgrade of the existing water treatment facility under the provision of RSA 486:14 and NH Admin Rules Env-C500. Effective upon G&C approval. 100% Other Funds

#37 Authorized to amend an agreement with the Lakes Region Planning Commission, by extending the completion date to December 31, 2004 from June 30, 2004. The original grant was for $23,250 in order to implement the seventh year of the Regional Environmental Planning Program. No additional funding in this time extension. (Previously approved by G&C on November 19, 2003, item #67). (2) Authorized to amend an agreement with the Southwest Regional Planning Commission, by extending the completion date to December 31, 2004 from June 30, 2004. The original grant was for $23,250 to implement the seventh year of the Regional Environmental Planning Program. No additional funding is involved in this time extension. (Previously approved by G&C on November 19, 2003, item #67. 100% General Funds

#38 WITHDRAWN BY AGENCY.

#39 Authorized to enter into a loan agreement with 200 Main Street, LLC, 8 Newmarket Road, Durham, NH to provide a loan in the amount of $225,000 under the provisions of RSA 147-F:20, State Brownfields Cleanup Revolving Loan Fund.

#40 Authorized to enter into a contract with Premier Marine Group, LLC d/b/a Meredith Marina, Meredith, NH for $12,000 to install a boat sewage pump out station. Effective upon G&C approval through September 30, 2004. 100% Federal Funds

#41 Authorized to enter into an agreement with the University of New Hampshire, Durham, NH in the amount $59,022 for management of the sources of fecal-bone bacteria in the Hampton/Seabrook Harbor watershed. Effective upon G&C approval through December 31, 2006. (2) Authorized to enter into an agreement with the City of Portsmouth, Portsmouth, NH in the amount of $50,000 for installation of a storm water treatment device on Bartlett Street. Effective upon G&C approval through December 31, 2006. (3) Authorized to enter into an agreement with the University of New Hampshire, Durham, NH in the amount of $22,563 for protecting water resources in New Hampshire’s coastal communities. Effective upon G&C approval through December 31, 2006. 100% Federal Funds

$42 Authorized to amend a Local Source Water Protection grant award to Pennichuck Water Works, Nashua, NH by extending the completion date to June 30, 2005 from June 30, 2004. The original grant was for $15,000 to complete a project to map and stencil storm drains within the Pennichuck Watershed. (Original grant was approved by G&C on 7/10/02, item #63 and deadline extensions approved on 6/25/03 item #143 and 10/22/ 03 item #40. (2) Authorized to amend a Local Source Water Protection grant award to the Manchester Water Works, Manchester, NH by extending the completion date to December 31, 2004 from June 30, 2004. The original grant was for $15,000 to complete a project to develop a watershed protection overlay ordinance. No additional funding is involved in the time extension. (Original grant approved by G&C on 6/4/03 item #78).

#43 Authorized to enter into matching grant agreement with the Manchester Water Works in the amount of $7,407.50 for the purpose of variable milfoil and fanwort control in Lake Massabesic, Auburn, NH. Effective upon G&C approval through November 30, 2004. (2) Further Authorized to award the entire grant amount $7,407.50 to the Manchester Water Works as an advance payment to purchase material for the exotic plant control project in Lake Massabesic in accordance with the terms of the grant agreement. 100% Other Funds

#44 Authorized to transfer control of approximately 200 +/- acres of forested land and any improvements thereon, known as “Baker River Flood Control Site 7” (the Property), in the Town of Wentworth, NH to the Department of Resources and Economic Development. (2) In accordance with RSA 227-H:3, Authorized DRED’s acceptance of the above transfer. (3) Authorized the naming of the property to “Foster & Colburn State Forest”, Foster and Colburn being early settlers of the land.

#45 Authorized to budget and expend prior year carry forward funds from the Water Users under the provisions of RSA 481:3 in the amount of $2,000, to repair a discharge gate at Squam Lake Dam. Effective upon G&C approval through June 30, 2004. Funding to be budgeted as specified in letter of March 24, 2004. 100% Other Funds

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

#46 NOT USED

Office of Health Planning & Medicaid

#47 Authorized to amend an existing agreement with the New Hampshire Dental Society of Concord, NH to provide comprehensive support and treatment services for oral health care, (originally approved by G&C on 8/14/02, item #128, amended to extend completion date from 6/30/03 to 6/30/04 and on 11/19/03, item #73, by increasing the price limitation by $20,000 from $36,000 to $56,000. 50% General Funds/50% Federal Funds

#48 NOT USED

Office of Community & Public Health

#49 Authorized the Bureau of Maternal and Child Health, Early Hearing Detection and Intervention Program to enter into an agreement totaling $22,900 with Ear, Nose and Throat Physicians, PA, Tarrytown Road, Manchester, NH to provide for development of fully functional Pediatric Audio logy Diagnostic Centers in the Manchester-Nashua area of New Hampshire to facilitate the follow-up testing of all infants referred by newborn hearing screening programs. Effective upon G&C approval through June 30, 2004. 100% Federal Funds

#50 Authorized Bureau of Rural Health and Primary Care/Oral Health Program to enter into an agreement with Kari Jones, 215 Cambridge Drive, Athens, GA in the amount of $30,000 to provide a retrospective economic and impact analysis of three Medicaid program strategies and use the results to develop a comprehensive resource allocation model to assist in guiding future oral health funding decisions that will minimize dental access problems and improve oral health statues. Effective upon G&C approval through June 30, 2005. (2) Authorized the OCPH to process and advance payment of 33% of the agreement upon G&C approval. The payment of $395 a day will cover the first 20 days of data analysis and $2000 travel expenses to New Hampshire to work with data experts from Medicaid and Northeast Delta Dental. 9% General Funds/15% Federal Funds/76% Other Funds

#51 Authorized Bureau of Rural Health & Primary Care to enter into an agreement with Hasan Duymazlar, MD, Meredith, 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

#52 Authorized Bureau of Health Statistics and Data Management to amend an agreement with the Trustees of Dartmouth College, Hanover, NH by increasing the price limitation by $505,840 from $1,016,510 to $1,522,350 to provide funds for the operation and maintenance of the New Hampshire State Cancer Registry, effective July 1, 2004, or the date of G&C approval, whichever is later, through June 30, 2005. (Originally approved by G&C on May 15, 2002, item #107, and amended on 1/7/04, item #85). 100% Federal Funds

#53 Authorized Bureau of Health & Primary Care, Oral Health Program to enter into an agreement totaling $18,507 with Trustees of Dartmouth College, 6210 Rope Ferry Road, Hanover, NH to provide a statewide parental oral health educational program for prenatal providers who serve low-income, uninsured, underinsured prenatal populations and clients of Home Visiting New Hampshire. Effective upon G&C approval through December 31, 2004. 100% Federal Funds

Division of Behavioral Health

#54 NOT USED

#55 Authorized to enter into a sole source, retroactive agreement with Merrimack Valley Assistance Program, 8 Wall Street, Concord, NH in an amount not to exceed $592,340 to provide housing assistance and supportive services to individuals with HIV/AIDS and their families. This amount represents an award retroactive to March 1, 2004 through February 28, 2007. 100% Federal Funds

#56 NOT USED

#57 NOT USED

#58 NOT USED

#59 NOT USED

New Hampshire Hospital

#60 Authorized to enter into an agreement with New England Emergency Response Systems, Inc., 7 Church Street, Dover, NH in the amount of $11,500 to provide emergency response equipment and service. Effective July 1, 2004 or date of G&C approval, whichever is later, through June 30, 2006. 82.3% General Funds/5.3% Federal Funds/12.4% Other Funds

JOINT BOARD OF LICENSURE AND CERTIFICATION

#61 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized sole source retroactive contract between the Joint Board and the National Association of State Boards of Geology in an amount not to exceed $30,000 for two years. Effective date of contract is May 1, 2004 to April 30, 2006 for the preparation and scoring of the national geologist examinations. The cost of the examinations depends on the number of examinees.

NEW HAMPSHIRE BOARD OF NURSING

#62 NOT USED

NEW HAMPSHIRE VETERANS HOME

#63 The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Wheeler, authorized to amend the existing sole source contract with M. Jonathan Mishcon, MD (originally approved by G&C on 6/25/03, item #432), by extending the price limitation by $126,131 form $176,515.48 to $302,646.48.

33% Federal Funds/40% Income Funds/27% General Funds

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#64 Authorized to enter into a contract with Loretta Y. Jones, sole proprietor, Manchester, NH in an amount not to exceed $30,000 to provide transcription service as required by 300 CFR 509(c)(2). Effective upon G&C approval through June 30, 2005. (2) Authorized to exercise a renewal option on this contract for up to two additional years, subject to the contractor’s acceptable performance of the terms therein. (3) Authorized the payment of services rendered and approved in lieu of withholding at least 25% of the total value of the contract. 100% General Funds

#65 Authorized Janet Catalfano, or designee, to stay overnight at the New England Center, Durham, NH which is within a 50 mile radius of her official headquarters for five nights starting June 27, 2004 to July 1, 2004 for the purpose of attending the NH Reading First Summer Reading Academy. Ms. Catalfano is the Reading First Program Coordinator for the State of New Hampshire. (2) Authorized an advance payment to the New England Center, Durham, NH in the amount of $869.15 which represents payment for Ms. Catalfano’s room and meals for the NH Reading First Summer Reading Academy from June 27, 2004 to July 2, 2004. 1005 Federal Funds

#66 Authorized to enter into a sole source contact with Measured Progress, Inc., Dover, NH in an amount not to exceed $2,347,780 to secure the preparation, distribution, collection, analysis, scoring and reporting of the New England Common Assessment Program. Effective upon G&C approval through June 30, 2005. 100% Federal Funds

#67-72 NOT USED

#73 Authorized Division of Adult Learning and Rehabilitation to enter into a contract with Philip Louis Chabot, sole proprietor, Berlin, NH in an amount not to exceed $34,502.74 to provide home modifications to a client’s residence. Effective upon G&C approval to June 30, 2004. (2) Authorized Division of Adult Learning and Rehabilitation to withhold 10% of the contract price until satisfactory completion of all contract requirements. 100% General Funds

NEW HAMPSHIRE COMMUNITY TECHNICAL COMMUNITY SYSTEM

The Governor and Council acted as follows:

#74 Authorized NHCTC Stratham to accept and expend grant funds from Campus Compact for New Hampshire in the amount of $10,000 for the Community Service Work-Study sub-grant for the project period of G&C approval to June 30, 2005. 100% Other Funds

#75 Authorized to accept and expend federal funds on behalf of the Workforce Opportunity Council, Inc. in the amount of $7,574,781. (2) Further authorized the comptroller to increase account #010-058-3649 as specified in letter of April 26, 2004. 100% Federal Funds

#76 Authorized to enter into a contract with Delta Management Associates, Inc., Chelsea, MA to provide collection services for our delinquent student loans, and other debts owed to the System, for the period upon G&C approval through June 30, 2008, with a one-year extension option, with mutual agreement by both parties and approval by G&C. No Cost

#77 Authorized to enter into a contract with NCO Financial Systems, Inc., to provide collection services for our delinquent student loans and other debts owed to the System, for the period upon G&C approval to June 30, 2008, with a one-year extension option, with mutual agreement by both parties and approved by G&C. No Cost

#78 Authorized NHCTC Nashua to accept and expend grant funds from Campus Compact for New Hampshire in the amount of $10,000 for the Community Service Work-Study sub-grant for the project period of Governor and Council approval to June 30, 2005. 100% Other Funds

CHRISTA MCAULIFFE PLANETARIUM

The Governor and Council acted as follows:

#79 Authorized to accept and expend $15,000 from the University System of New Hampshire for outreach efforts under the NASA Space Grant through February 28, 2005. 100% Other Funds

#80 Authorized to accept and expend $14,420 from the University System of New Hampshire for outreach efforts under the National Aviation and Space Administration STEREO Education and Public Outreach initiative through September 30, 2004. 100% Federal Funds

#81 Authorized to reclassify position #42397, Park Guide II (LG 9) to Program Specialist I (LG 19). 57% General Funds/43% Other Funds

#82 Authorized to reclassify position #42394, Park Guide II (LG 9) to Program Specialist I (LG 19). 57% General Funds/43% Other Funds

POLICE STANDARDS & TRAINING COUNCIL

The Governor and Council acted as follows:

#83 NOT USED

#84 NOT USED

#85 Authorized to accept and expend grant funds in the amount of $222,000 in a sub-grant from the New Hampshire Department of Justice (previously approved by G&C 4/7/04, item #24) on date of G&C approval through August 31, 2004 to create, establish and institutionalize terrorism threat training to police officers throughout the State. (2) Further Authorized to contract with the New Hampshire Community Technical College System and the Bureau of Emergency Management, Department of Safety, through a memorandum of agreement to establish and operate the two new sites created under this grant. (3) Further Authorized the New Hampshire Community Technical College System to accept and expend grant funds in the amount of $222,000 from the New Hampshire Police Standards and Training Council for the period from G&C approval through June 30, 2005 to establish and operate two videoconference sites as outlined in the memorandum of agreement dated May 4, 2005. Funding for this agreement should be budgeted as specified in letter of April 21, 2004. 100% Federal Funds

NEW HAMPSHIRE LOTTERY

#86 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wheeler, authorized the Sweepstakes Commission to purchase instant gaming tickets for distribution from May 19, 2004 through June 30, 2004 in an amount not to exceed $600,000. (2) Further approve a two year contract with one two year renewal option (item #302 on 6/26/02) for instant ticket printing and related services with Creative Games International, Inc., Plant City, Florida in an amount not to exceed $4,600,000 from July 1, 2002 to June 30, 2004.

(3) Further to transfer $600,000 from Sweepstakes Special Revenue Account for the purchase of instant tickets and related services.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#87 Authorized the Division of Fire Safety and Emergency Management, Bureau of Emergency Management and Safe Transportation Training Specialists, LLC, 160 West Carmel Drive, Ste 285, Carmel, IN, in the amount of $39,895 for the period through May 28, 2004 for five “Surviving the Hot Zone” Workshops for hazardous materials teams. 100% Federal Funds

#88 NOT USED

#89 Authorized Division of State Police to amend an existing cleaning contract with B&D Cleaning, Nashua, NH, by increasing the current $12,000 by $1,170 to $13,170 for FY 2004, an increase of $65.00 per week. Effective upon G&C approval through 6/30/04.

#90 Authorized to grant a $250,000 Homeland Security Training Grant to the Police Standards and Training Council to provide Homeland Defense Training statewide. Grant is effective upon G&C approval through March 31, 2005. (2) Authorized The Police Standards and Training Council to accept and expend $250,000 from the New Department of Safety to create and provide homeland defense training to New Hampshire law enforcement officers, including training on chemical, biological, radiological and nuclear threats in order to better protect the citizens of New Hampshire.

#91 Authorized Division of Motor Vehicles to enter into a sole source memorandum of understanding with the NH Community Technical College in an amount not to exceed $27,500 to provide space for the Motorcycle Rider Training Program. Effective upon G&C approval through October 31, 2005.

#92 Authorized Division of Fire Safety & Emergency Management, Bureau of Emergency Management to enter into a one-year, sole source contract with the New Hampshire Association of Broadcasters in an amount not to exceed $66,000 to purchase airtime for, and produce, radio and television Non-Commercial Sustaining Announcements on emergency management programs, projects and information on emergency. Effective upon G&C approval through March 31, 2005.

#93 NOT USED

#94 Authorized Division of State Police to reallocate funds with 010-023-4388 “No Suspect Casework DNA Backlog Reduction Program FY 2001” (originally approved on 9/4/02, item #179) as specified in letter of May 3, 2004.

#95 Authorized the renewal permit of Deer Cove Condominium Association located on Ossipee Lake in Ossipee, NH, for a congregate mooring field, renewal of 19 moorings.

#96 Authorized the renewal permit of Cottagers’ Cove Association located on Squam Lake in Holderness, NH for a congregate mooring field, renewal of 9 moorings.

#97 Authorized the renewal permit of Camp Mowglis located on Newfound Lake in Hebron, NH for a congregate mooring field, renewal of 9 moorings.

#98 Authorized the renewal permit of Center Harbor Inn located on Lake Winnipesaukee in Center Harbor, NH for a congregate mooring field, renewal of 8 moorings.

#99 Authorized the renewal permit for Camp Brookwoods and Camp Deer Run located on Lake Winnipesaukee in Alton, NH for a congregate mooring field of 9 moorings.

#100 Authorized the renewal permit for Fay’s Boatyard, Inc. located on Lake Winnipesaukee in Guildford, NH for a congregate mooring field of 16 moorings.

DEPARTMENT OF TRANSPORTATION

The Governor and Executive Council acted as follows:

#101 Authorized to accept and place on file the Bureau of Right of Way’s Contemplated Award List for the period of April 15, 2004 through April 27, 2004.

#102 Authorized Division of Aeronautics to enter into a grant agreement with the Town of Newport, owner of Parlin Field, to provide 50% state matching funds in the amount of $7,790 to install radio controlled low intensity airport runway lighting at Parlin Field, Newport, NH.

#103 NOT USED

#104 Authorized Bureau of Highway Design to enter into an agreement with Paul M. Darbyshire Associates, 289 Sawtooth Road, Gilmanton, NH for a time and materials fee not to exceed $350,000. Effective May 5, 2004 or date of G&C approval, whichever is later with a completion date of 36 months from the date of Notice to Proceed.

#105 NOT USED

#106 NOT USED

#107 Authorized Bureau of Public Works to enter into a contract with Gerard A. Laflamme, Inc., 100 Harvey Road, Londonderry, NH for a lump sum price of $128,710 for life safety improvements, NH Liquor Commission Warehouse, 50 Storrs Street, Concord, NH. (2) Funding for this project in the amount of $128,710 available as specified in letter of April 27, 2004. Capitol Funds

#108 NOT USED

#109 Authorized Bureau of Public Works to enter into an agreement with Edwards and Kelcey, Inc., One Sundial Avenue, Ste. 410, Manchester, NH in an amount not to exceed $300,000 for professional services for design and construction documents, on-site observation, and inspection services for various Public Works’ Projects as necessary and required by the Department. (2) Further Authorized for the period to December 31, 2006.

#109A Authorized contract with Pike Industries, Inc., Belmont, NH on the basis of a low bid of $1,846,806. This contract provides for the resurfacing of 70.62 miles of roadways in District V and in Hillsborough, Merrimack and Rockingham counties. (2) Funds totaling 1,846,806 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon G&C approval with final completion date of September 17, 2004. These are Construction/Reconstruction funds and are non-lapsing (RSA 228:11).

#109B Authorized contract with Pike Industries, Inc., Belmont, NH on the basis of a single bid of $1,947,025. This contract provides for the resurfacing of 70.46 miles in Districts II and III located in Belknap, Carroll, Grafton and Merrimack counties. (2) Funds totaling $1,947,025 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon approval by G&C with final completion date of September 17, 2004. These are Construction/Reconstruction funds and are non-lapsing (RSA 228:11).

#109C Authorized contract with Pike Industries, Inc., Belmont, NH on the basis of single bid of $1,733,400. This contract provides for the resurfacing of 58.20 miles of roadways in District I and in Coos, Carroll and Grafton counties. (2) Funds totaling $1,733,400 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon approval by G&C with final completion date of September 17, 2004.

#109D Authorized contract with Pike Industries, Inc., Belmont, NH on the basis of a low bid of $1,739,625. This contract provides for the resurfacing of 72.76 miles of roadways in District VI and in Rockingham and Strafford counties. (2) Funds totaling $1,739,625 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon approval by G&C with final completion date of September 17, 2004. These are Construction/Reconstruction funds and are non-lapsing (RSA 288:11).

#110 TUITION REQUESTS

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized the requests:

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Lesley University, Cambridge, MA, the sum of $1,275.00 for the sole purpose of enrolling Christopher Crowley, Assistant Professor, in the on-line course entitled “Fundamentals of Computer Structure”.

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $467.00 for the sole purpose of enrolling Patricia Finnigan-Allen, Associate Professor, in the course entitled “Independent Study”.

C. EDUCATION - Request permission to pay the University of Arkansas, Little Rock, AR, the sum of $675.00 for the sole purpose of enrolling Elizabeth Durant, Vocational Rehabilitation Supervisor, in the Internet course entitled “Rehabilitation Case Management”.

D. EDUCATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,299.00 for the sole purpose of enrolling Sallie Fellows, Systems Development Specialist VI, in the course entitled “Human Behavior in Organizations”.

E. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay New Hampshire Community Technical College, Stratham, NH, the sum of $411.00 for the sole purpose of enrolling Nicole Cailler, Child Protective Service Worker, in the course entitled “The Human Body”.

F. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $755.00 for the sole purpose of enrolling Cheryl Reid, Child Protective Service Worker, in the course entitled “Advanced Standing Seminar”.

G. JOINT BOARD OF LICENSURE AND CERTIFICATION - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $572.00 for the sole purpose of enrolling Julie Levesque, Senior Accounting Technician, in the course entitled “Intermediate Algebra”.

H. PUBLIC UTILITIES COMMISSION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $1,140.00 for the sole purpose of enrolling Karen Moran, PUC Examiner, in the course entitled “Marketing Management”.

I. TRANSPORTATION - Request permission to pay the College for Lifelong Learning, Concord, NH, the sum of $364.00 for the sole purpose of enrolling David Chandler, Chief of Labor Compliance, in the course entitled “Nutrition Concepts and Controversies”.

J. TRANSPORTATION - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $420.00 for the sole purpose of enrolling Kathryn Dow, Account Clerk III, in the course entitled “Environmental Geology”.

LATE ITEMS

NEW HAMPSHIRE BOARD OF NURSING
#A The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized to conduct an organized meeting at the Radisson Hotel and Conference Center, Executive Park Drive, Merrimack, NH in the amount of $15,626.17 for the purpose of informing and educating licensed nurses on the rules and regulations that govern their licensure. (2) Further authorized to enter into agreement with the facility in the amount of $10,265.92 for the purpose of providing the participants attending the meeting with lunch and refreshments. (3) Further authorize one overnight stay in the amount of $96.12 for the primary speaker Diana Crowell who will be traveling from Maine to speak at the conference. 100% Other Funds

DEPARTMENT OF SAFETY
#B The Governor and Executive Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, authorized Office of the Commissioner to accept and expend a $22,231,000 2004 Homeland Security Grant from the US Department of Homeland Security. Effective upon G&C approval through November 30, 2005. 100% Federal Funds

#C The Governor and Executive Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, authorized Division of Motor Vehicles and the Office of Information Technology to amend an existing ITSO agreement with Bearing Point/formerly KPMG consulting Inc., by increasing the scope of work on the Municipal Agency Program and increasing the cost by $626,360 from $4,061,620 to $4,687,980. Effective upon G&C approval through 6/30/05.

DEPARTMENT OF TRANSPORTATION
#D The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, authorized Construction Bureau to increase the contract with R.D. Edmunds & Sons, Inc., Franklin, NH by $305,000 from $1,438,052 to $1,743,052 (originally approved by G&C on 9/2/03 item #165) on a basis of a low bid of $1,438,052. (2) Further authorize to increase referenced contract encumbrance to $1,743,052 for signalization of West Bow St. and US 3.

#E The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, authorized Construction Bureau contract with Pike Industries, Inc., Belmont, NH on the basis of a low bid of $3,743,780. This project involves cold plane and inlay with hot bituminous pavement sections of existing pavement on I-93 and ramps at Exit 1, Exit 2, Exit 4 NB off-ramps, as well as deck repair and joint work on the bridges. (2) Funds totaling $3,743,780 are available from the Consolidated Federal Aid Appropriation Account #015-096-3054-090-0309. (3) Effective upon G&C approval with final date of completion of September 24, 2004. These are Construction/Reconstruction funds and are non-lapsing.

#F The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek,, authorized Construction Bureau contract with F.W. Whitcomb Construction Corp, Walpole, NH on the basis of a low bid of $1,682,026.20. This contract provides for the resurfacing of 60.62 miles in District IV and in Cheshire, Hillsborough and Sullivan Counties. (2) Funds totaling $1,682,026.20 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon G&C approval with a completion date of September 17, 2004. These are Construction/Reconstruction funds and are non-lapsing.

#G The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, authorized Construction Bureau contract with F.W. Whitcomb Construction Corp, Walpole, NH on the basis of a low bid of $1,630,429. This contract provides for the resurfacing of 67.50 miles of roadways in District II located in Grafton, Merrimack and Sullivan Counties. (2) Funds totaling $1,630,429 are available from Highway Betterment Appropriation Account #015-096-3039.50-090-0309. (3) Effective upon G&C approval with a completion date of September 17, 2004. These are Construction/Reconstruction funds and are non-lapsing.

#H The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler, authorized the Department of Health and Human Services, Office of the Commissioner award a one-time grant in the amount of $4,000 to the NH District Court Administrative Office, PO Box 389, Concord, NH to provide support for youth substance abuse initiatives. Effective upon G&C approval through December 31, 2004.

Item removed from Table

DEPARTMENT OF HEALTH AND HUMAN SERVICES (Tabled at 5-5-04 Meeting)

#34A The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Wheeler, voted to remove Item #34A which was tabled at the May 5, 2004 Governor and Executive Council Meeting. Councilor Griffin, seconded by Councilor Spaulding made a motion to TABLE the item. Councilor Wieczorek, Councilor Wheeler, and Councilor Burton voted NO to the tabling motion. Tabled motion failed. Councilor Wieczorek, seconded by Councilor Burton, with Councilor Griffin and Councilor Spaulding voting NO, voted to approve 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

Next Council meeting is scheduled for Wednesday, June 2, 2004 at 10:00 a.m. at the State House in Concord, NH.

The Honorable Board then Adjourned.

 

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