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Minutes
November 5, 2003
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
November 5, 2003 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 Spaulding, seconded by Councilor Wheeler accepted the minutes of October 22, 2003.

The Governor and Executive Council, on motion of Councilor Griffin, seconded by Councilor Spaulding confirmed the appointment of several persons nominated for Civil Commissions from the October 22, 2003 meeting.

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

The Governor and Council, on motion of Councilor Spaulding, seconded by Councilor Wieczorek, voted to set the special election for state representative in Merrimack County District No.34.

The Governor and Council, on motion of Councilor Wieczorek, seconded by Councilor Wheeler, voted to set the special election for state representative in Rockingham County District No.77.

CONFIRMATIONS

The Governor and Council confirmed the following:

Athletic Trainers Governing Board
Licensed Athletic Trainer Effective: November 5, 2003
Laura C. Decoster, Manchester Term: January 8, 2007
Reappointment

Children, Youth, and Families Advisory Board
Sullivan County Effective: November 5, 2003
Michael L. Prozzo, Jr., Claremont Term: December 16, 2005
(Replacing Jamie Gallagher)

Office of Consumer Advocate
Consumer Advocate Effective: November 5, 2003
F. Anne Ross, Salisbury Term: November 5, 2007
(Replacing Michael W Holmes) Salary: FF Min. $53,611

Board Of Licensure of Interpreters for the Deaf and Hard of Hearing
NH Association Of the Deaf Effective: November 5, 2003
Susan Wolf-Downes, Concord Term: October 10, 2006
(Replacing Joan E. Case)

Fire Standards and Training Commission
Full time career Fire Chief Effective: November 5, 2003
Ronald O'Keefe, Lee Term: November 12, 2006
Reappointment

Fire Standards and Training Commission
NH Municipal Association Effective: November 5, 2003
Peter Russell, Meredith Term: November 16, 2006
Reappointment

Fire Standards and Training Commission
Volunteer Fire Chief Effective: November 5, 2003
Norman S. Weden, Ashland Term: November 12, 2006
(Replacing Les A. Cartier)

Commission on the Status of Men
Anthony W. Raymond, Plymouth Effective: November 5, 2003
(Replacing Christopher Emond) Term: October 23, 2006

Board of Mental Health Practice
Pastoral Psychotherapist Effective: November 5, 2003
Ronald P. Dieter, Contoocook Term: October 31, 2006
Reappointment

Board of Nursing
Public Member Effective: November 5, 2003
Gail A. Barba, Dixville Notch Term: December 21, 2006
Reappointment

Retirement System Board of Trustees
Representative of NH Education Asso. Effective: November 5, 2003
Samuel J. Giarrusso, Amherst Term: July 1, 2005
(Replacing Sandra Amlaw)

State Commission on the Status of Women - Designated Chairman
Patricia R. Yosha, Hampton Effective: November 5, 2003

State Commission on the Status of Women - Designated Vice-Chair
Elizabeth J. Corell, Bedford Effective: November 5, 2003

State Commission on the Status of Women - Designated Treasurer
Laurie L. Chandler, East Kingston Effective: November 5, 2003

NOMINATIONS

The Governor placed into nomination the following:

State Board of Accountancy
Certified Public Accountant Effective: Upon Confirmation
Jefferson M. Chickering, Manchester Term: 5 yrs from confirmation
(New position)

Board of Acupuncture Licensing
Acupuncturist Effective: Upon Confirmation
Alice G. Meattey, Dover Term: September 8, 2006
Reappointment

Business Finance Authority
Regional Planning Effective: Upon Confirmation
Michael J. King, Bethlehem Term: November 3, 2006
Reappointment

Business Finance Authority
Katherine Williams, North Hampton Effective: Upon Confirmation
Reappointment Term: November 3, 2006

Division for Children, Youth, and Families Advisory Board
Hillsborough County Effective: Upon Confirmation
David A. Coombs, Hillsborough Term: July 1, 2006
(Replacing Judith A. MacDonald)

Board of Licensure of Interpreters for the Deaf and Hard of Hearing
National Level Licensee / Rec. by NH Registry of Interpreters for the Deaf
Julia Barnwell Emley, Concord Effective: Upon Confirmation
Reappointment Term: October 10, 2006

State Board of Education
At large member Effective: Upon Confirmation
John E. Lyons, Jr., Portsmouth Term: January 31, 2008
(Replacing Judith T. Reever)

Equalization Standards Board
NH Municipal Association Effective: Upon Confirmation
Guy A. Santagate, Claremont Term: October 10, 2005
Reappointment

Fish and Game Commission
Rockingham County Effective: Upon Confirmation
Stephen C. Savage, Plaistow Term: June 29, 2008
(Replacing Douglas A. Ross)

State Historical Records Advisory Board
Richard C. Close, Dover Effective: Upon Confirmation
(Replacing Richard E. Winslow III) Term: December 6, 2006

Judicial Retirement Plan Board of Trustees
Business Experience Effective: Upon Confirmation
Stephen R. Hudson, Bedford Term: 1 year from confirmation
(New Board)

Juvenile Justice Advisory Board
Parent Effective: Upon Confirmation
Gerald Gulezian, Londonderry Term: October 4, 2006
(Replacing Tina Greenlaw)

Juvenile Parole Board
Edward B. Boyle, Manchester Effective: Upon Confirmation
(Filling Vacancy) Term: July 1, 2005

Midwifery Council
Midwife Effective: Upon Confirmation
Virginia M. Chapman, Sanbornton Term: September 28, 2007
(Replacing Carol Leonard)

State Board for the Licensing and Regulation of Plumbers
Journeyman Plumber Effective: Upon Confirmation
David M. Rieth, Laconia Term: July 1, 2005
(Filling Vacancy)

Residential Ratepayers Advisory Board
Small Business Effective: Upon Confirmation
Richard Stoner, Manchester Term: January 5, 2006
(Replacing Francis J. Moynihan)

OFFICE OF STATE PLANNING AND ENERGY PROGRAMS
The Governor and Council acted as follows:

#1 Authorized to enter into an agreement with the University of NH, Cooperative Extension Sea Grant Program, Office of Sponsored Research, Durham, NH, to support Great Bay Coast Watch, to conduct non-point source pollution outreach under the provisions of the NH Coastal Program, in the amount of $14,000. Effective upon G&C approval through June 30, 2004.

#2 Authorized to conduct a four day mobile home weatherization training for the NH Weatherization Program on December 1, 2003 through December 4, 2003 at a total cost not to exceed $8,300. (2)Further Authorized to enter into a contract with Cal Steiner, Dickinson, ND, for the development of curriculum for and instruction of a mobile home weatherization training, in an amount not to exceed $8,300. Effective upon G&C approval through December 31, 2003.

#3 Authorized to retroactively accept a grant in the amount of $754,154 from the US Department of Health & Human Services, Administration for Children and Families, Office of Community Services' Residential Energy Assistance Challenge Option Program. Effective September 30, 2003 to September 30, 2006. (2)Further Authorized to budget $735,989 of this grant. $18,165 of this grant will replace Fuel Assistance Program Funds previously budgeted. (3)Further Authorized to enter into a contract with Tri-County Community Action Program, Inc., Berlin, NH, as a grant recipient under the Low-Income Furnace Cleaning Initiative during the period November 5, 2003 to September 30, 2006 in an amount not to exceed $650,347. 100% Federal Funds.

#4 Authorized to amend the Fuel Assistance Program contract with Southern NH Services, Inc., Manchester, NH, (previously approved by G&C on 9-17-03, item #9), by increasing the amount of the contract from $1,610,478 by $1,255,096 to an amount not to exceed $2,865,574. Federal Funds.

#5 Authorized to amend the Fuel Assistance Program contract with Tri-County Community Action Program, Inc., Berlin, NH, (previously approved by G&C on 9-17-03, item #6), by increasing the amount of the contract from $1,282,978 by $986,326 to an amount not to exceed $2,269,304. Federal Funds.

#6 Authorized to amend the Fuel Assistance Program contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, (previously approved by G&C on 9-17-03, item #7), by increasing the amount of the contract from $935,491 by $709,114 to an amount not to exceed $1,644,605. Federal Funds.

#7 Authorized to amend the Fuel Assistance Program contract with Southwestern Community Services, Inc., Keene, NH, (previously approved by G&C on 9-17-03, item #11), by increasing the amount of the contract from $698,535 by $519,948 to an amount not to exceed $1,218,483. Federal Funds.

#8 Authorized to amend the Fuel Assistance Program contract with Strafford County Community Action Committee, Inc., Dover, NH, (previously approved by G&C on 9-17-03, item #10), by increasing the amount of the contract from $470,274.60 by $340,337 to an amount not to exceed $810,611.60. Federal Funds.

#9 Authorized to amend the Fuel Assistance Program contract with Rockingham Community Action, Inc., Portsmouth, NH, (previously approved by G&C on 9-17-03, item #6), by increasing the amount of the contract from $662,735 by $489,180 to an amount not to exceed $1,151,915. Federal Funds.

OFFICE OF INFORMATION TECHNOLOGY
#10 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized to enter into a three year agreement with G4 Communications Corporation, Manchester, NH, to purchase 10 megabits per second (Mb/s) full duplex Internet Service delivered to Room 21 in the State House Annex, Concord, NH, in the amount of $90,000. Effective upon G&C approval through October 21, 2006.

DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:

#11 Authorized to accept and expend funds from the Department of Justice and the Commissioner's Ad Hoc Homeland Grant Review Committee, to purchase specific security upgrades for the State House and State House Annex, in the amount of $182,117.

#12 Authorized adjustments to agency's quarterly allotments for the period through June 30, 2003.

#13 Authorized the Report and Findings of Councilor David K. Wheeler with regard to a certain proposal for the refinancing of existing indebtedness and financing of certain routine capital expenditures in connection with Southern NH Medical Center, Nashua, NH.

#14 Authorized Division of Plant and Property Management to amend a current contract with Celco Partnership dba Verizon Wireless of Woburn, MA, (previously approved by G&C on 10-9-03), for wireless cellular services, to add computer wireless cellular services to the current contract in the estimated amount of $60,000. Effective upon G&C approval through August 18, 2005.

#15 Authorized Bureau of Court Facilities to enter into a contract with Elf's Landscaping, Inc., for snow and ice removal services at the Rochester District Court in the amount of $12,440. Effective November 1, 2003 or upon G&C approval, whichever is later, through April 30, 2006.

#16 Authorized Bureau of Court Facilities to enter into a contract with Bob Sherwood Landscape Co., for snow removal services at the Dover District Court in the amount of $16,500. Effective November 1, 2003 or upon G&C approval, whichever is later, through April 30, 2006.

DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:

#17 Authorized Division of Libraries, to accept and expend a grant from the Madeline G. Von Weber Trust, Manchester, NH, for the Summer Reading Experience, in the amount of $1,500. 100% Other Funds.

#18 Authorized Division of Arts to grant an award to the New England Foundation for the Arts, Boston, MA, for the subsidized funding of NH Artists and Presenters, in the amount of $19,500. 100% Federal Funds.
#19 Authorized Division of Arts to award an Annual Advancement grant in the amount of $5,600 to the Monadnock Art in Education, Keene. 100% Federal Funds.

#20 Authorized Division of Arts to award Annual Advancement Cultural Conservation grants totaling $19,000 to the organization as detailed in letter dated October 22, 2003. 100% Federal Funds.

#21 Authorized with Councilor Wheeler voting - no, the Division of Arts to award an Artist Services New Works grant to Tricinium LTD, in the amount of $5,000. 100% Federal Funds.

#22 Authorized Division of Arts to award Operating Grants totaling $61,600 to the organizations as detailed in letter dated October 20, 2003 for the period ending June 30, 2005 upon G&C approval. 100% General Funds.

TREASURY DEPARTMENT
The Governor and Council acted as follows:

#23 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $5,443.06 to the rightful owners of abandoned or unclaimed. General Funds.

#24 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton and further on a roll call vote of: Councilor Burton - yes, Councilor Spaulding - yes, Councilor Griffin - yes, Councilor Wieczorek - yes and Councilor Wheeler - yes, authorized the State Treasurer to proceed with the sale and issuance of up to $80 million of general obligation bonds in the manner most advantageous to the state.

ATTORNEY GENERAL

The Governor and Council acted as follows:

#25 The Governor on motion of Councilor Wieczorek, seconded by Councilor Burton, and further on a roll call vote of: Councilor Burton - yes, Councilor Spaulding - yes, Councilor Griffin - yes, Councilor Wieczorek - yes and Councilor Wheeler - yes, Authorized to accept and expend a grant from the NH Highway Safety Agency in the amount of $8,123.92 to be utilized to present a Motor Vehicle Homicide Seminar. Effective upon G&C approval through December 31, 2003. 100% Other Funds.

#26 Authorized to enter into a sub-grant for crisis shelter accessibility in the amount of $4,800. Effective upon G&C approval through September 30, 2004. 100% Federal Funds.

#27 Authorized to amend a federal grant received from the National Institute of Justice (previously approved by G&C on 3-5-03, item #18), to enhance forensic science services at both the NH State Police Crime Laboratory and the Office of the Chief Medical Examiner, by retroactively extending the end date from September 30, 2003 to September 30, 2004. (2)Further Authorized to amend the sub-grant to the NH Department of Safety, Division of State Police (previously approved by G&C on 3-5-03, item #18), to assist the State Police crime Laboratory in the American Society of Crime Laboratory Directors accreditation process, by retroactively extending the end date from September 30, 2003 to September 30, 2004. 100% Federal Funds.

#27A Authorized to accept and expend a retroactive grant in the amount of $69,664 from the US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics for the 2003 Statistical Analysis Center. (2)Further Authorized to enter into a retroactive sub-grant totaling $69,664 with the agency as listed in letter dated October 9, 2003, to develop user-friendly applications for NH police departments that will enable them to better utilize the data they collect for the National Incident Based Reporting System. Effective May 1, 2003 through April 30, 2003. 100% Federal Funds.

LIQUOR COMMISSION
#28 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized to utilize the banking services of the Bank of NH, Brookline, NH, as the depository of funds for the NH State Liquor Store #22, Brookline, NH.

#29 NOT USED

PUBLIC UTILITIES COMMISSION
The Governor and Council acted as follows:

#30 Authorized to retroactively accept a gift on behalf of the State from the National Association of Regulatory Utility Commissioners for travel expenses for Jody O'Marra, Utility Analyst III, to travel to Washington, DC on October 22 through October 24, 2003 to attend the NARUC Ad Hoc Committee on Critical Infrastructure Protection Cost Recovery Workshop, in an amount not to exceed $1,000.

#30A Authorized the reclassification of position number #14369, Assistant Finance Director, PUC, Salary Grade 29, to an Administrator III, Salary Grade 31, at the Public Utilities Commission. (2)Further Authorized the reclassification of position number #14350, Chief Auditor, PUC, Salary grade 27, to an Administrator II, Salary grade 29.

DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:

#31 Authorized to accept a donation of several jigsaw puzzles from Karin and Bear Shaw of Mason, NH. The approximate total value of this donation is $24.00.

#32 Authorized to accept a donation of 158 books from Dianne Patenande of The Toadstool Bookshop of Keene, NH. The approximate total value of this donation is $158.00.

#33 Authorized to pay $27,962 in overtime for permanent personnel services out of salaries for vacant positions due to pending recruitment for the period July 1, 2003 through October 16, 2003. Funds have been expended from overtime allocations at a greater than anticipated rate and permission to transfer expenditures back to permanent personnel services is requested.

#34 Authorized to accept a donation of 24 Reader's Digest Condensed Books from the mother of inmate Robert Callan. The approximate total value of this donation is $569.00.

#35 Authorized to accept a donation of books from Sgt. John Masse. The approximate total value of the donation is $1,956.94.

#36 Authorized to accept a donation of 12 assorted musical binders and books from the Reverend Merle Albert of the Good Sheperd Parish of Berlin, NH. The approximate total value of this donation is $117.00.

#37 TABLED - The Governor and Council on motion of Councilor Griffin, seconded by Councilor Spaulding, voted to table the request to accept a donation of various sewing notions and fabric, books and plants as per the attached sheet. The approximate total value of this donation is $1,255.00.

#38 Authorized to exercise its option retroactive to October 1, 2003 to extend its lease agreement with the Strafford County Commissioners, Dover, NH, for rental of probation/parole office space located at the Strafford County Justice & Administrative Building, Dover, NH for one additional two year term. This agreement extends the end date of the agreement from September 30, 2003 to September 30, 2005 for a total agreement amount of $57,240.96. This lease contract extension reflects a yearly rental increase which is based on the consumer price index increase in the Boston area as of January each year. 100% General Funds.

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#39 Authorized to enter into an amended sole source service agreement with Eckhardt & Johnson, Inc. (previously approved by G&C on 8-14-02, item #73), for heating, ventilation, and air conditioning services at NHES's office in Concord, NH, by increasing the agreement price limitation of $115,000 by $15,000 to the revised agreement price limitation of $130,000 through June 30, 2005. 100% Federal Funds.
#40 Authorized to enter into an amended sole source service agreement with Capital Glass & Mirror Co. Inc. (previously approved by G&C on 7-17-03, item #37), for glass replacement services at NHES's offices statewide, by increasing the agreement price limitation of $21,000 by $5,500 to the revised agreement price limitation of $26,500 through June 30, 2006. 100% Federal Funds.

#41 Authorized to enter into a service agreement with Englewood Construction, Inc., to provide aluminum siding and vinyl soffit installation services at NHES's Manchester, NH Offices, in an amount not to exceed $8,995. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

#42 Authorized to enter into a service agreement with Imperial Painting, for painting & wallpapering services at NHES's Laconia Office, in the amount of $24,650. Effective upon G&C approval through May 30, 2004.

#43 Authorized to enter into a service agreement with Capitol Alarm Systems Inc., for building security systems maintenance and repairs at the NHES offices statewide, for a total amount not to exceed $60,000. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

#44 Authorized to enter into a service agreement with ABC Moving & Storage Co. for general moving and storage services at NHES's offices statewide, for a total amount not to exceed $45,000. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

#45 Authorized to enter into a service agreement with John C. Pratt Company for ceiling renovation services at NHES's Manchester Local Office, in the amount of $10,850. Effective upon G&C approval through December 30, 2003. 100% Federal Funds.

#46 Authorized to enter into a service agreement with John C. Pratt Company for ceiling renovation services at NHES's Laconia Local Office, in the amount of $7,627. Effective upon G&C approval through December 31, 2003. 100% Federal Funds.

#47 Authorized to enter into an agreement with Pitney Bowes, Inc., for machine maintenance and postage meter rental services, for a total of $181,863. Effective retroactive to July 1, 2003. 100% Federal Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
The Governor and Council acted as follows:

#48 Authorized Bureau of Ski Operations to submit the information as detailed in letter dated October 10, 2003, regarding season passes issued for Cannon Mountain for the quarter ending September 30, 2003.

#49 Authorized Division of Forests and Lands to accept and expend $10,000 received from the Department of Environmental Services resulting from a memorandum of agreement for the period ending June 24, 2024. Federal.

#50 Authorized Division of Forests and Lands to convey a Vehicle Access Easement across a small section of Blue Job State Forest, in Farmington.

#51 Authorized to enter into a grant agreement with Monadnock Economic Development Corporation of Keene, NH, to provide a match for a Comprehensive Economic Development Strategy Economic Adjustment Grant for the Southwest Region of NH, in the amount of $15,000. (2)Further Authorized full payment upon G&C approval. 100% General Funds.

NEW HAMPSHIRE FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:

#52 Authorized to amend a contract with Hamel Air L.L.C., Milan, NH, (previously approved by G&C on 5-15-02, Late item #K), to carry out aerial monitoring of moose in an ongoing study entitled Moose Habitat Use and Mortality Assessments In New Hampshire, by extending the termination date from December 31, 2003 to December 31, 2005 and increasing the contract price from $30,000 to an amount not to exceed $60,000. 100% Other.

#53 Authorized to accept the transfer of a 92.4 acre parcel of land in Durham, NH from the Nature Conservancy, NH Chapter. The parcel of land known as the Powers tract is located on Route 108.

#54 TABLED - The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, with Councilor Spaulding voting - no, and Councilor Griffin voting - no, voted to table the request to enter into a memorandum of agreement with the Office of State Planning and Energy Programs under the provisions of the National Oceanic and Atmospheric Administration for the purpose of researching marsh bird species of concern, in the amount of $23,000. (2)Further Authorized to accept and expend funds received from Office of State Planning and Energy Programs in support of the above noted memorandum of agreement in the amount of $23,000. Effective upon G&C approval through September 30, 2004. (3)Further Authorized to enter into a Cooperative Project Agreement with the University of NH, under the terms and conditions of the Master Agreement for Cooperative Projects in the amount of $65,000 for the purpose of researching marsh bird species of concern. Effective upon G&C approval through January 31, 2006. 100% Federal.

DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:

#55 Authorized the "Assignment of the Contract Laconia Compound Phase I Improvements" as executed by Charwill Construction Inc. (Charwill), United States Fidelity and Guaranty Company, CDM Constructors, Inc., and the Department of Environmental Services.

#56 Authorized to amend an agreement with the University of NH, Durham, NH, (previously approved by G&C on 9-4-02, item #87), to assess the environmental quality of Hodgson Brook, Portsmouth, NH, by increasing the amount from $30,802 to $35, 802. 100% Federal Funds.

#57 Authorized to accept and expend $210,751 in Federal Funds from the US Environmental Protection Agency for emergency preparedness assistance to community water systems through December 31, 2004. (2)Further Authorized to enter into a contract with Custer Battles, LLC, Fairfax, VA to assist community water systems with completing vulnerability assessments and developing emergency plans, in the amount of $33,560. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

#58 Authorized to amend a Local Source Water Protection grant award to the Whitefield Department, Whitefield, NH, (previously approved by G&C on 6-4-03, item #78), to complete a project to protect drinking water from contamination, by extending the completion date to September 1, 2004 from December 31, 2003.

#59 Authorized to enter into a grant in aid agreement with the Town of Holderness, NH, for closure of the Town of Holderness's Unlined Municipal Landfill in an amount not to exceed $20,330.25. Effective upon G&C approval. 100% General Funds.

#60 Authorized to award Wastewater State Aid Grants in an aggregate amount of $1,098,267 for water pollution control projects. Effective upon G&C approval. 100% State.

#61 Authorized Albert & Donna Frost's request to construct a permanent pier supported by pilings, and ramp leading to a float providing one slip on frontage on property along the Squamscott River in Stratham.

#62 Authorized City of Portsmouth's request to impact within both tidal waters and the tidal buffer zone for the Lincoln Area sewer separation project in an around the South Mill Pond in the City of Portsmouth. Project impacts below the highest observable tide line and includes the installation of a temporary cofferdam below the mean high tide line for the construction of a riprap apron at the outfall of a proposed box culvert with an associated headwall and wing walls to be installed for stormwater runoff from a proposed stormwater treatment system, and the installation of one subsurface discharge pipe for groundwater runoff. Project impacts in the tidal buffer zone include the cutting and removal of rusted CMP as well as those pipes along the bank of South Mill Pond that are no longer serving any function, the installation of separate underground drainage and sewerage pipes in the tidal buffer zone surrounding the pond, the planting of Rosa Rugosa shrubs, and the restoration of the parking areas, lawn, and fields that will be disturbed as a result of the proposed impacts on property located at South Mill Pond in Portsmouth.

#63 Authorized the Waste Management Council 2002 Annual Report. Informational Item.

#63A Authorized to accept and expend $286,434.69 under the US Environmental Agency/State Cooperative Agreement for the Kearsarge Metallurgical Corporation Superfund Site. Effective upon G&C approval through May 30, 2004. 100% Federal. (2)Further Authorized to enter into a sole source contract amendment for remedial action a the KMC site with Cyn Environmental Services of Stoughton, MA, (previously approved by G&C on 9-17-03, item #59), for $276,750 from $480,540 to $757,290, and allow an additional 37 days for the contractor to reach substantial completion, and extend the project completion date to May 30, 2004.. Effective upon G&C approval. 90% Federal, 10% State General Funds.

NEW HAMPSHIRE VETERANS HOME
#64 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized to accept a list of monies, as detailed in letter dated October 22, 2003, totaling $31,413.24 received during the period of July 1, 2003 to September 30, 2003, as a result of fundraising drives from various organizations and from personal contributions. These monies are placed in the Veterans Home Benefit Fund. (2)Further Authorized to accept memorial donations totaling $275 received in memory of Robert N. Burrows to the Guy Thompson Memorial Trust.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:

Office of Community & Public Health
#65 Authorized to enter into a retroactive Educational Tuition Agreement, effective October 23, 2003 and to pay said costs in the amount of $1,179 as detailed in letter dated October 10, 2003. 100% Federal.

#66 Authorized Asthma Control Program to amend an existing retroactive agreement with Gretchen Cherington, Meriden, NH, (previously approved by G&C on 12-4-02, item #122A), to continue to provide Asthma Control Program facilitation services by extending the contract from the original date of October 31, 2003 to March 31, 2004. 100% Federal.

#67 Authorized to retroactively amend and extend an agreement with Davis and Towle Insurance and Financial Services, Penacook, NH, (previously approved by G&C on 10-9-02, item #88), to purchase general liability insurance for foster parents, by increasing the price limitation from $60,037 to $127,578, an increase of $67,541, and by extending the completion date from October 10, 2003 to October 11, 2004. Effective upon G&C approval. 50% Federal, 12.5% County, 37.5% General.

#68 Authorized with Councilor Wheeler voting - no, to enter into a sole source agreement with the Child Welfare League of America, Washington, DC, for child welfare accreditation planning services, in an amount not to exceed $36,097. Effective November 5, 2003 or upon G&C approval, whichever is later, through January 31, 2004. 100% Federal.

#69 NOT USED

#70 NOT USED

Division of Behavioral Health
#71 Authorized to amend a sole source contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, (previously approved by G&C on 6-25-03, item #275), to provide homeless assistance services, by increasing the price limitation by $2,000,000 from $270,000 to $2,270,000. Effective upon G&C approval through June 30, 2005. 100% Federal.

#72 Authorized to amend a sole source contract with Community Services Council of NH, Inc., Concord, NH, (previously approved by G&C on 5-21-03, item #76), to provide services to homeless individuals, by increasing the price limitation by $203,712 from $70,000 to $273,712. Effective retroactive to July 1, 2003 June 30, 2005. 100% Federal.

Division of Alcohol & Drug Abuse Prevention and Recovery
#73 Authorized to enter into an agreement with United Way of Merrimack County, Concord, NH, to provide prevention services, in an amount not to exceed $37,959. Effective upon G&C approval through June 30, 2004. 15% Highway, 85% General.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#74 Authorized to enter into a contract with the NH Minority Health Coalition, Manchester, NH, to conduct a community-based youth outreach program, in an amount not to exceed $5,000. Effective upon G&C approval through February 29, 2004. (2)Further Authorized to waive Section 311.07(a) (5) of the NH Code of Administrative Rules and to make an advance payment of $2,500. 100% Federal Funds.

#75 NOT USED

#76 Authorized with Councilor Wheeler voting - no, to participate in a three-day technology conference, the 2002 Christa McAuliffee Technology Conference, to be held December 2, 3, and 4, 2003 at the Sheraton Nashua Hotel, Nashua, NH at a cost not to exceed $7,504. (2)Further Authorized to grant funds at the state's share of defraying the cost of hosting the conference to the NH School Administrators Association, in the amount of $3,500 which is part of the total cost above. (3)Further Authorized to pay the Sheraton Nashua for refreshments and meeting room space for an Educational Technology Projects reception for 100 attendees from the Oversight Committees of Each of the state's four Local Educational Support Centers and the Statewide Educational Technology Council, with reception expenses in the amount of $1,200, which is part of the total cost above. (4)Further Authorized expenditures of $2,804 which is part of total cost above, for conference registration, travel, and lodging expenses of participants as detailed in letter dated October 20, 2003. 50% Other, 41% Federal, 9% General.

#77 Authorized to enter into a retroactive contract with Eugene A. Blumkin, Sole Proprietor, Marblehead, MA, to provide rehabilitation technology consultant services, in an amount not to exceed $13,654. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. Effective October 1, 2003 to September 30, 2004. 100% Federal.

#78 NOT USED

#79 NOT USED

NEW HAMPSHIRE TECHNICAL COLLEGE SYSTEM
The Governor and Council acted as follows:

#80 Authorized NHCTC Stratham/Pease to enter into a contract with Airamar Mechanical, Northwood, NH, for the purpose of maintenance and emergency repair of HVAC equipment at the Stratham and Pease campuses, in the amount of $2,400. Effective upon G&C approval through June 15, 2004. 58% General, 42% Other Funds.

#81 Authorized to enter into a contract with National Enterprise, Solon, OH, to provide collection services for our delinquent student loans and other debts owed to the System. Effective upon G&C approval through June 30, 2008. 100% Other Funds.

NEW HAMPSHIRE HEALTH AND EDUCATION FACILITIES AUTHORITY
#82 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wheeler authorized to accept and place on file the Biennial Report for the fiscal years 2002 and 2003.

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#83 Authorized Division of Administration to accept and expend a $195,000 grant titled NMVTIS-NH 12 from the American Association of Motor Vehicles Administration, as detailed in letter dated October 13, 2003. Effective upon G&C approval through November 30, 2004.

#84 Authorized to pay annual membership charges to the organizations as detailed in letter dated October 14, 2003.

#85 Authorized Division of State Police to accept and expend a 2003, $1,490,250 "Operation Street Sweeper" grant from the US Department of Justice, as detailed in letter dated October 10, 2003. Effective upon G&C approval through September 30, 2005.

#86 NOT USED

#87 Authorized Division of Fire Safety and Emergency Management to enter into a sole source agreement with Titan Systems Corporation to develop and deliver an emergency operations center exercise training program for state emergency response personnel, in the amount of $135,474. Effective upon G&C approval through June 30, 2004. 100% Federal.

#88 Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to accept and expend Pre-Disaster Mitigation Grant funds from the Federal Emergency Management Agency for the purpose of developing cost effective hazard mitigation activities that complement a comprehensive mitigation program, in the amount of $248,375. (2)Further Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to enter into grant agreements with each of the nine NH Regional Planning Commissions as detailed in letter dated September 10, 2003, for the purpose of developing local hazard mitigation plans, for a total of $270,000. Effective upon G&C approval through September 30, 2004. 100% Federal.

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#89 Authorized Bureau of Rail Transit to expend an amount not to exceed $30,000 from the Special Railroad Fund for necessary maintenance and repairs to the active state-owned railroad corridors, as specified in letter dated October 15, 2003. Fiscal Committee approved.

#90 Authorized to accept and place on file the Bureau of Right-of-Way's Contemplated Award List for the period October 1, 2003 through October 17, 2003.

#91 Authorized to quitclaim to the Town of Conway, approximately 4,533 meters of Control of Access Highway know as "The North/South Local Road". This highway was acquired as part of the above mentioned project as a Class II Highway, with the understanding that once this roadway was completed it would be turned over to the Town of Conway as a Class V Highway.

#92 Authorized the Bureau of Right of Way to sell a 1.37 of an acre parcel located in the Town of Bethlehem to Eugene Girdwood and Mary E. Lockhart for $4,500, which includes an Administrative Fee of $500.

#93 Authorized Bureau of Right of Way to sell a .17 of an acre parcel, more or less, to Clermont Labonte for $5,700.

#94 NOT USED

#95 Authorized Bureau of Rail & Transit to enter into an agreement with Advance Transit, Inc., Wilder, VT, for an amount not to exceed $83,200 in Federal Highway Administration Statewide Planning and Research Program funds to administer the Upper Valley Rideshare Program. 100% Federal.

#96 Authorized Bureau of Rail & Transit to enter into a lease agreement for a parcel of land with private pedestrian crossing with Anthony and Barbara DeStefano, Woburn, MA, on the State-owned Concord to Lincoln Railroad Line in Laconia for $1,300 per year for a period of five years and negotiable for an additional five year period.

#97 Authorized Bureau of Highway Maintenance to enter into an agreement with Priscilla's Cleaning Solutions, Ashuelot, NH, for the purpose of providing janitorial services at the District 4 Office, Swanzey, NH, totaling $13,700. Effective upon G&C approval through June 30, 2005. Highway Funds.

#98 Authorized Bureau of Highway Design to modify the Department's Agreement for engineering services with TranSystems Corporation, Derry, NH, (previously approved by G&C on 1-24-01, item #175), by increasing the total amount payable under the agreement by $30,667 from $387,750 to $418,417.

#99 NOT USED

#100 Authorized Bureau of Construction contract with Chesterfield Associates, Inc., Westhampton Beach, NY, on the basis of a low bid of $224,477, for removal and relocation of two through-truss spans of the historic bridge that carries bypassed Meadow Road over Androscoggin River. Effective upon G&C approval through May 21, 2004.

#101 Authorized Bureau of Highway Maintenance contract with Capital Well Company, Inc., Dunbarton, NH, on the basis of a low bid of $14,195, for the installation of a drilled well and pump on the property of George Varley, Exeter, NH. Effective upon G&C approval. Highway Funds.

#102 Authorized Bureau of Highway Maintenance contract with Capital Well Company, Inc., Dunbarton, NH, on the basis of a low bid of $16,020, for the construction of a drilled well and pump on the property of Gladys Smith, New London, NH. Effective upon G&C approval. Highway Funds.

#103 Authorized Bureau of Highway Maintenance contract with L.G. Cushing & Sons, Inc., Walpole, NH, on the basis of a low bid of $22,460, for the construction of a drilled well and pump on the property of Edwin Coolbroth, Brookfield, NH. Effective upon G&C approval. Highway Funds.

#104 Authorized Bureau of Highway Maintenance contract with L.G. Cushing & Sons, Inc., Walpole, NH, on the basis of a low bid of $2,270, for installation of a filter on the property of Glenn English, No. Haverhill, NH. Effective upon G&C approval. Highway Funds.

#105 Authorized Bureau of Highway Maintenance contract with Larry G. Cushing & Sons, Inc., Walpole, NH, on the basis of a low bid of $24,210, for a drilled well and pump on the property of Mae Dargie, Pike, NH. Effective upon G&C approval. Highway Funds.

#106 Authorized Bureau of Highway Maintenance contract with Capital Well Company, Inc., Dunbarton, NH, on the basis of a low bid of $13,520, for the construction of a drilled well and pump on the property of John Anderson, Alstead, NH. Effective upon G&C approval. Highway Funds.

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

A. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Scott Fifield, Disability Examiner Trainee, in the course entitled "Principles of Case Management".

B. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Lorraine Payeur, Executive Secretary Stenographer, in the course entitled "Financial Accounting".

C. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Lorraine Payeur, Executive Secretary Stenographer, in the course entitled "Principles of Marketing".

D. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,179.00 for the sole purpose of enrolling Anne Prehemo, Disability Examiner, in the course entitled "Biostatistics".

E. EDUCATION - Request permission to pay Professional Career Development Institute, Norcross, GA, the sum of $315.60 for the sole purpose of enrolling Linda Turner, Clerk IV, in the Internet courses entitled "Business Communications I" and "Business Mathematics".

F. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,179.00 for the sole purpose of enrolling Peggy Vieira, Disability Examiner, in the course entitled "Biostatistics".

G. STATE PLANNING AND ENERGY PROGRAMS - Request permission to pay New Hampshire Community Technical College, Manchester, NH, the sum of $455.00 for the sole purpose of enrolling Charles Kellam, Project Assistant, in the course entitled "Database Design & Management".

H. TRANSPORTATION - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $572.00 for the sole purpose of enrolling Raymond Grogan, Bridge Maintainer II, in the courses entitled "English Composition" and "Pre-Calculus".

LATE ITEMS

ATTORNEY GENERAL
A. That approval be, and it hereby is, given to the Attorney General to reclassify Position #41892 from Paralegal II, Labor Grade 19, to Program Specialist III, Labor grade 23, as Authorized by the Division of Personnel, retroactive to February 5, 2003. (Appropriation #010-020-2617-0103). No General Funds required. Retroactive.

ATTORNEY GENERAL
B. Authorized to accept and expend a grant in the amount of $285,000 from the US Department of Justice, Office of Justice Programs Bureau of Justice Assistance for the 2003 Project Safe Neighborhoods, for programs to implement multi-faceted strategies to deter and punish gun violence. (2)Further Authorized to enter into sub-grants totaling $263,625 with the agencies as detailed in letter dated September 25, 2003. Effective upon G&C approval through September 30, 2005. 100% Federal Funds.

DEPARTMENT OF EDUCATION
C. Authorized with Councilor Spaulding voting - no, to hire Consultants and establish one Education Consultant II position and one Program Assistant I position through June 30, 2005 as specified in letter dated October 15, 2003. 100% Federal. Fiscal Committee approved.

DEPARTMENT OF ENVIRONMENTAL SERVICES
D. Authorized with Councilor Spaulding voting - no, Robert & Leslie Dahl's request to dredge 71 cu yd from 962 sq ft of lakebed and excavate 212 sq ft along 47 linear ft of bank to construct a dredged inlet providing two slips and a 34 ft 10 in x 40 ft 10 in two slip dug-in boathouse on an average of 620 ft of frontage on Squam Lake in Center Harbor. File # 2002-2335. This project does not conflict with Governor and Council policy. This permit is subject to appeal.

DEPARTMENT OF TRANSPORTATION
E. Resolved that the Department of Transportation is hereby Authorized to modify the Department's Agreement (Contract No. 716257) with Rescue Inc. of 541 Canal St., Brattleboro, Vermont (Vendor Code 118276) by increasing the total amount payable by $11,250.00, from $22,500.00 to $33,750.00. This is a sole-source Agreement, as Hinsdale currently receives emergency medical services from Rescue Inc. and needs to continue to do so when the Department closes the NH Route 119 Bridges for deck replacement. Funds totaling $11,250.00 are available in the Department's Consolidated Federal Aid Account No. 015-096-3054-090-0104. These are Construction/Reconstruction Funds and are non-lapsing (RSA 228:11)

DEPARTMENT OF TRANSPORTATION
F. Authorized to sell a .7 acre parcel of State owned land located in the Town of Merrimack to GFI Merrimack, LLC for $30,500.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Spaulding, voted to remove item #121 - which was tabled at the September 17, 2003 meeting.

DEPARTMENT OF EDUCATION
WITHDRAWN - The agency withdrew the request to enter into a contract with The Youth Council, Nashua, NH, to provide suspended and expelled students with community service activities to occupy their time away from school and develop a tool-kit for assisting other communities in developing this program, in an amount not to exceed $62,603. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, voted to remove item #9 - which was tabled at the October 8, 2003 meeting.

OFFICE OF STATE PLANNING AND ENERGY PROGRAMS
The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek voted to approve the request to amend an existing memorandum of agreement with the NH Fish and Game Department, Non-game and Endangered Wildlife Program, Concord, NH, (previously approved by G&C on 4-3-02, item #3), by modifying work tasks of the agreement to reflect new program activities at Fish and Game, which now include development of a Statewide Comprehensive Wildlife Plan.

Next Governor and Executive Council meeting is scheduled for Wednesday, November 19, 2003 at 10:00 a.m. at the State House in Concord, NH.

The Honorable Board then Adjourned

 

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