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Minutes
November 19, 2003
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
November 19, 2003 10:00 a.m.

The Governor and Executive Council convened at 10:00 a.m. with Councilor Burton, Councilor Spaulding, Councilor Wieczorek, and Councilor Wheeler present, and Councilor Griffin absent.

Councilor Spaulding, seconded by Councilor Wheeler offered the following amendment to the minutes of the November 5, 2003 Governor and Council meeting:

The vote to hold special elections in two state representative districts was reconsidered by the councilors by a phone poll held on November 7, 2003.
The Governor and Executive Council, on motion of Councilor Wieczorek, seconded by Councilor Wheeler voted to confirm the reconsideration and approve the minutes as amended.

The Governor withdrew the requests for special elections for state representative from Merrimack District No. 34 and Rockingham County District No. 77.

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 November 5, 2003 meeting.

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

CONFIRMATIONS

The Governor and Council confirmed the following:

State Board of Accountancy
Certified Public AccountantEffective: November 19, 2003
Jefferson M. Chickering, ManchesterTerm: November 19, 2008
(New position)

Board of Acupuncture Licensing
AcupuncturistEffective: November 19, 2003
Alice G. Meattey, DoverTerm:September 8, 2006
Reappointment

Business Finance Authority
Regional PlanningEffective: November 19, 2003
Michael J. King, BethlehemTerm: November 3, 2006
Reappointment

Business Finance Authority
Katherine Williams, North Hampton Effective: November 19, 2003
ReappointmentTerm: November 3, 2006

Division for Children, Youth, and Families Advisory Board
Hillsborough CountyEffective: November 19, 2003
David A. Coombs, HillsboroughTerm: July 1, 2006
(Replacing Judith A. MacDonald)

State Board of Education
At large memberEffective: November 19, 2003
John E. Lyons, Jr., PortsmouthTerm: January 31, 2008
(Replacing Judith T. Reever)

Equalization Standards Board
NH Municipal AssociationEffective: November 19, 2003
Guy A. Santagate, ClaremontTerm: October 10, 2005
Reappointment

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, ConcordEffective: November 19, 2003
ReappointmentTerm: October 10, 2006

State Historical Records Advisory Board
Richard C. Close, DoverEffective: November 19, 2003
(Replacing Richard E. Winslow III)Term: December 6, 2006

Judicial Retirement Plan Board of Trustees
Business ExperienceEffective: November 19, 2003
Stephen R. Hudson, BedfordTerm: November 19, 2004
(New Board)

Juvenile Justice Advisory Board
ParentEffective: November 19, 2003
Gerald Gulezian, LondonderryTerm: October 4, 2006
(Replacing Tina Greenlaw)

Juvenile Parole Board
Edward B. Boyle, ManchesterEffective: November 19, 2003
(Filling Vacancy)Term: July 1, 2005

Midwifery Council
MidwifeEffective: November 19, 2003
Virginia M. Chapman, SanborntonTerm: September 28, 2007
(Replacing Carol Leonard)

State Board for the Licensing and Regulation of Plumbers
Journeyman PlumberEffective: November 19, 2003
David M. Rieth, LaconiaTerm: July 1, 2005
(Filling Vacancy)

Residential Ratepayers Advisory Board
Small BusinessEffective: November 19, 2003
Richard Stoner, ManchesterTerm: January 5, 2006
(Replacing Francis J. Moynihan)

NOMINATIONS

The Governor placed into nomination the following:

Agricultural Advisory Board
Ellen R. Clement, WestmorelandEffective: Upon Confirmation
ReappointmentTerm: January 31, 2009

New Hampshire State Council on the Arts
Karen B. Smith, ExeterEffective: Upon Confirmation
(Replacing Gerald Auten)Term: November 23, 2008

State Board of Education
Dist. 5Effective: Upon Confirmation
Debra Hamel-Kearney, KeeneTerm: January 31, 2008
(Replacing Ann M. Logan)

Board of Registration of Funeral Directors and Embalmers
Daniel J. Healy, ManchesterEffective: Upon Confirmation
ReappointmentTerm: June 13, 2008

Juvenile Justice Advisory Board
Public MemberEffective: Upon Confirmation
David J. Landry, LochmereTerm: September 20, 2006
(Replacing Timothy K. Mayes)

Moorings Appeals Board
Melvin Borrin, Center HarborEffective: Upon Confirmation
ReappointmentTerm: December 16, 2006

New Hampshire Motor Vehicle Industry Board
William S. Fenollosa, HopkintonEffective: Upon Confirmation
ReappointmentTerm: January 9, 2008

New Hampshire Motor Vehicle Industry Board
Walter F. McCarthy, ManchesterEffective: Upon Confirmation
ReappointmentTerm: January 9, 2008

Board of Nursing
LPNEffective: Upon Confirmation
Sharon Dyer, GreenfieldTerm: November 16, 2006
(Replacing Constance E. Theberge)

Penalty Appeal Board
LaborEffective: Upon Confirmation
David W. Laughton, AuburnTerm: January 5, 2007
Reappointment

Pesticides Control Board
PhysicianEffective: Upon Confirmation
James W. Young, HillsboroughTerm: January 5, 2007
Reappointment

Public Employee Labor Relations Board
Alternate Member Representative, ManagementEffective: Upon Confirmation
Carol M. Granfield, DerryTerm: December 19, 2009
Reappointment

Public Employee Labor Relations Board
Alternate Member Representative, LaborEffective: Upon Confirmation
Teresa B. Jones, DoverTerm: December 6, 2009
Reappointment

Public Employee Labor Relations Board
Alternate Member Representative, PublicEffective: Upon Confirmation
Bruce K. Johnson, GilfordTerm: February 13, 2010
Reappointment

Regional Community Technical Colleges Board of Trustees
High School Vocational DirectorEffective: Upon Confirmation
Gwen Blair, PlymouthTerm: February 17, 2007
(Replacing Steven Guyer)

New Hampshire Retirement System
NH Police AssociationEffective: Upon Confirmation
Craig H. Wiggin, MeredithTerm: July 1, 2005
Reappointment

Volunteer New Hampshire Board of Directors
Community-based OrganizationEffective: Upon Confirmation
Deborah Emery-Gigliotti, RochesterTerm: October 10, 2006
Reappointment

Waste Management Council
DirectorEffective: Upon Confirmation
Tony P. Giunta, FranklinTerm: May 13, 2007
(Replacing Philip J. O’Brien)

Water Council
Industrial InterestsEffective: Upon Confirmation
James Varotsis, PortsmouthTerm: November 29, 2007
Reappointment

Wetlands Council
Member of Soil or Water Conservation Dist. Effective: Upon Confirmation
W. Michael Dannehy, WoodsvilleTerm: December 6, 2006
Reappointment

State Commission on the Status of Women
Pamela B. Remick, LancasterEffective: Upon Confirmation
(Replacing Jane Stapleton)Term: October 20, 2006

BUSINESS FINANCE AUTHORITY
#1 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek and further on a roll call vote as follows: Councilor Burton - yes, Councilor Spaulding - yes, Councilor Griffin - absent, Councilor Wieczorek - yes, and Councilor Wheeler - yes, authorized to hold a Public Hearing with respect to the financing of a loan to Seacoast Business Alliance Corporation for the benefit of The Lollipop Tree, Inc. located in Portsmouth, NH. Action will Authorize a Resolution under RSA 162-A:18 to determine the financing will serve a public use provide public benefit and is within the policy and authority of the Act.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD ON NOVEMBER 19, 2003
COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

* * * * * * *

At approximately 10:10 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan to be made by Seacoast Business Alliance Corporation and declared that the public hearing on the subject had commenced. He said that he and the members of the Council had received written material from the Authority with respect to the proposed loan. The Governor then said that the meeting would hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the Authority, briefly explained the project and introduced Daniel Gray, Managing Director of Seacoast Business Alliance Corporation and Robert Lynch, President of The Lollipop Tree, Inc. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Spaulding introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:7 WITH RESPECT TO A CERTAIN LOAN TO SEACOAST BUSINESS ALLIANCE CORPORATION" and moved its adoption, which was seconded by Councilor Wieczorek. There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and Councilor Burton, Councilor Spaulding, Councilor Wieczorek, and Councilor Wheeler; those abstaining were Councilor(s): None; those voting against were Councilor(s): None; and those absent were: Councilor Griffin. The Governor declared that the resolution was passed.

* * * * * * *

A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN
UNDER RSA 162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF
THE STATE OF NEW HAMPSHIRE TO SEACOAST BUSINESS ALLIANCE CORPORATION

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to a loan by the Authority to Seacoast Business Alliance Corporation (the "Borrower") in the original principal amount of up to $200,000 to provide refinancing of debt and working capital for The Lollipop Tree, Inc., of Portsmouth, New Hampshire (the "Loan")

WHEREAS, pursuant to the provisions of RSA Chapter 162-A, the Governor and Council is authorized to approve the recommendation of the Authority and to authorize and approve the Loan by the Authority upon the making of specific findings after public hearing;

WHEREAS, the Governor and Council will receive all the documentation and information with respect to the proposed Loan by the Authority; and

WHEREAS, further action by the Authority with respect to the proposed transaction is subject to the passage of this Resolution and cannot be taken until after its passage.

NOW, THEREFORE, it is hereby resolved that:

1. Findings and Determination. On the basis of the documentation and information received by the Governor and Council, after a public hearing, the Governor and Council find:

a. Special Findings.

(i) The Loan in consistent with local or regional development plans or policies.

b. General Findings.

(i) The Loan that the Authority has proposed will serve a public use and provide a public benefit.

(ii) The Loan that the Authority has proposed is within the policy of, and the authority conferred, by RSA Chapter 162-A.

(iii) The Loan that the Authority has proposed will preserve or increase the social welfare or economic prosperity of the State and one or more of its political subdivisions, and will promote the general welfare of the State's citizens.

(iv) The Loan that the Authority has proposed will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

2. Approval. Governor and Council approve the Loan by the Authority as recommended by the Authority and authorize the Authority to cause the execution and delivery of the loan documents substantially in the form submitted to Governor and Council and to take such further action as the act with respect to the transaction as may be required.

3. Effective Date. This Resolution shall take effect upon its passage.

Passed and agreed to November 19, 2003.

#2 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding authorized to accept and place on file the Annual Report for FY 2003. Informational Item.

OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:

#3 Authorized David L. Labrie, Concord, NH, currently a Captain in the NH Army National Guard, be nominated for promotion to the rank of Major, NH Army National Guard. This office meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.

#4 Authorized to enter into a sole source contract with CD Boiler Works, Inc., Hooksett, NH, to repair a steam heating boiler at the Manchester Armory in the amount of $34,890. Effective upon G&C approval through March 31, 2004. 100% General Funds.

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

#5 Authorized to accept two Xerox M15 Copier/Printers at no charge from the Xerox Corporation. The copiers are worth approximately $2,000 each.

#6 Authorized Division of Personnel to enter into a sole source contract with Employee Benefit Management, Inc, in an amount not to exceed $50,000 per year. Effective upon January 1, 2004 through December 31, 2004.

#6A Authorized a Working Capital Warrant in the amount of $570,000,000 to cover expenditures for the Month of December 2003. (2)Further Authorized a working capital warrant be amended to increase the total from $570,000,000 to $657,000,000 which was originally approved by G&C on 9-17-03, item #17. (3)Further Authorized the Working Capital Warrant reporting expenditures of $656,590,116.25 for the Month of October and recommends the balance of $409,883.75 be lapsed.

#6B Authorized Bureau of Court Facilities to enter into a contract with Groundhog Landscaping & Property Maintenance, Inc., Londonderry, NH, for snow and ice removal services at Auburn and Derry District Courts in the amount of $21,000. Effective November 1, 2003 or upon G&C approval, whichever is later, through April 30, 2006.

#6C Authorized Bureau of Court Facilities to enter into a contract with Mountainshade LLC, for snow and ice removal services at the Jaffrey-Peterborough District Court in the amount of $22,200. Effective November 1, 2003 or upon G&C approval, whichever is later, through April 30, 2006.

TREASURY DEPARTMENT
#7 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $19,017.29 to the rightful owners of abandoned or unclaimed funds.

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

#8 Authorized to take possession and ownership of a Civil War Dog Tag, valued at $1,450, from Mr. Van Wilkinson of Shasta, CA.

#9 Authorized Division of the Arts to award the Arts Alliance of Northern NH, Littleton, a Community Arts Development Grant in the amount of $5,600 and an Annual Advancement Grant in the amount of $5,600. 100% Federal Funds.

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

#10 Authorized to retroactively extend the period for the NH Building Energy Codes Project (previously approved by G&C on 11-13-02, item #15), by changing the ending date from September 30, 2003 to July 30, 2004. (2)Further Authorized to budget and expend federal funds carried forward from the prior year in the amount of $21,030. (3)Further Authorized to enter into a contract with Public Service Company of NH, Manchester, NH, to provide building energy codes training sessions for an amount not to exceed $21,000. Effective upon G&C approval through June 30, 2004. Federal Funds.

#11 Authorized to enter into a memorandum of understanding (MOU) with the Department of Resources and Economic Development for the purposes of monitoring the State of NH's interests in privately owned conservation lands. (2)Further Authorized to accept and expend an additional $3,168 from the Department of Resources and Economic Development to complete the conservation easement monitoring according to the MOU in conjunction with the monitoring being undertaken through the Land Conservation Investment Program. (3)Further Authorized to enter into a MOU with the LCHIP for the purposes of reviewing and commenting on draft language for conservation easements and fee simple interests on agreed upon parcels in the amount of $2,100. (4)Further Authorized to accept and expend $2,100 from the LCHIP to undertake deed reviews in accordance with the MOU. Effective upon G&C approval through June 30, 2004. Other Funds.

#12 NOT USED

#13 NOT USED

#14 Authorized to amend an existing agreement with the City of Dover, NH, (previously approved by G&C on 12-4-02, item #1B), to evaluate traffic circulation patterns in the downtown core and to examine the reuse of the city's 33-acre waterfront property, for the purpose of extending the end date form December 31, 2003 to June 30, 2004.

#15 NOT USED

COMMUNITY DEVELOPMENT FINANCE AUTHORITY
#16 The Governor and Executive Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek authorized to enter into an agreement with the Town of Swanzey, NH, under the Community Block Grant Program for a municipal wastewater collection system, in the amount of $350,000. Effective upon G&C approval through December 31, 2004. Federal Funds.

#17 NOT USED

#18 NOT USED

ATTORNEY GENERAL
The Governor and Council acted as follows:

#19 Authorized to accept and expend a grant in the amount of $268,230 from the US Department of Justice to be used to provide equipment and training to criminal justice personnel. Effective upon G&C approval to October 21, 2005. 100% Federal Funds.

#20 Authorized to accept and expend a grant in the amount of $326,564 from the US Department of Justice, Office of Justice Programs for the 2003 Residential Substance Abuse Treatment Grant Program. (2)Further Authorized to enter into sub grants totaling $313,501 with the agencies as detailed in letter dated September 25, 2003, for residential substance abuse treatment programs. Effective upon G&C approval through September 30, 2006. 100% Federal Funds.

#21 Authorized to enter into sub-grants with the State agencies, as detailed in letter dated November 5, 2003, to mitigate against a "weapons of mass destruction" type incident. 100% Federal Funds.

#22 Authorized to enter into a sub-grant with the Division of State Police, in the amount of $1,309,659.65 to be used to purchase portable and mobile radios for county and local fire and emergency medical service agencies in order to better prepare them for a potential weapons of mass destruction type incident. Effective upon G&C approval to June 30, 2004. 100% Federal Funds.

#23 Authorized to enter into sub-grants totaling $100,000 from the FY 2003 Byrne Formula Grant Program, to be utilized to continue two program evaluations. Effective December 1, 2003 to September 30, 2006. 100% Federal Funds.

#24 DENIED - The Governor and Councilor on motion of Councilor Spaulding, seconded by Councilor Wheeler, voted to deny the petition of Prayer Feather (first known as Gary) Farrow requesting a pardon hearing for the offense of First Degree Murder. Mr. Farrow is not eligible for an annulment.

HIGHWAY SAFETY AGENCY
#25 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler authorized to accept and expend an additional $224,151 in State Highway Safety Data Incentive Grant Funds from the National Highway Traffic Safety Administration and $524,350.73 in FY 2003 carry forward funds for a total of $748,501.73. Effective upon G&C approval through December 31, 2005. (2)Further Authorized to adjust its quarterly allotment for federal grants as indicated in letter dated November 6, 2003.

INSURANCE DEPARTMENT
#26 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized to accept and place on file the Annual Report for the Fiscal Year 2003.

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#27 Authorized to enter into an amended agreement with GE Capital Modular Space (previously approved by G&C on 1-15-03, item #37), for rental of a box office trailer to be located in Laconia, NH, for temporary claims adjudication training activities, extending the original agreement beyond the original end date, by six months through May 30, 2004 and increasing the original cost of $10,500 by $1,920 to a revised total cost of $12,420. 100% Federal Funds.

#28 Authorized to enter into a retroactive amended agreement with Symbiosys Solutions, Inc., (previously approved by G&C on 9-20-00, item #48), for web-enabled claims application system development increased from the current assigned amount of $371,375 by $81,500 to the new assigned agreement total of $452,875 and to extend the agreement end date from October 31, 2003 to February, 29, 2004. 100% Federal Funds.

LIQUOR COMMISSION
The Governor and Council acted as follows:

#29 Authorized to retroactively enter into an amended agreement with The Doty Group, Inc., Hollis, NH, (previously approved by G&C on 12-20-00, item #53), to provide snow and ice removal services at Liquor Store #69 - Nashua, by increasing the contract price limitation from $16,200 to $27,400, an increase of $11,200 and extending the termination date for two years from May 31, 2003 to May 31, 2005. 100% General Funds.

#30 Authorized to retroactively enter into an amended agreement with Garabedian Landscaping, Inc., Salem, NH, (previously approved by G&C on 12-20-00, item #56), to provide snow and ice removal services at Liquor Store #34 - Salem, by increasing the contract price limitation from $32,400 to $54,000 an increase of $21,600 and extending the termination date for two years from May 31, 2003 to May 31, 2005. 100% General Funds.

#31 Authorized to enter into a three year contract for snow and ice removal services at various Liquor Store and Office locations throughout the state with Great Bay Contracting LLC, Pembroke, NH, for a total contract price limitation of $141,870. Effective upon G&C approval through May 31, 2006. 100% General Funds.

#32 Authorized to retroactively enter into an amended agreement with Maryea Construction, LLC, Deerfield, NH, (previously approved by G&C on 12-20-00, item #57), to provide snow and ice removal services at Liquor Store #62 - Raymond, by increasing the contract price limitation from $21,750 to $37,750 an increase of $16,00 and extending the termination date for two years from May 31, 2003 to May 31, 2005. 100% General Funds.

#33 Authorized to retroactively enter into an amended agreement with Ali-Di Properties, LLC, Ashland, NH, (previously approved by G&C on 12-20-00, item #52), to provide snow and ice removal services at Liquor Store #46 - Ashland, by increasing the contract price limitation from $7,200 to $12,400 an increase of $5,200 and extending the termination date for two years from May 31, 2003 to May 31, 2005. 100% General Funds.

DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:

#34 Authorized to accept a donation of 10 one-year subscriptions of the newspaper, "News For You" from the Jackson Community Church of Jackson. The approximate total value of this donation is $158.40.

#35 Authorized to accept a donation of (10) Honey Packets, (1) Shofar and (1) Lulav & Estrog Set from the Aleph Institute of Surfside, FL. The approximate total value of this donation is $100.

#36 NOT USED

#37 Authorized to accept a donation of one pound of sage from Shirley Bear of Indian Cliff, Eagles Nest Emporium. The approximate total value of this donation is $24.99.

#38 NOT USED

#39 Authorized to pay wages and benefits to Richard Allen in the amount of $1,290.62, Bureau of District Offices for FY 01 out of FY 04 funds due to recent approval of a temporary promotion.

#40 Authorized to enter into a sole source contract with Norment Security Group of Montgomery, AL, for repairs and new equipment related to the computer system in the Maximum Security Unit at the NH State Prison for Men, in the amount of $13,850.88. Effective upon G&C approval through January 31, 2004.

#41 Authorized to enter into a contract with Terminix International for pest control services, for a total contract of $15,840. Effective December 1, 2003 or upon G&C approval, whichever is later and has the option to renew for an additional period of two years. 100% General Funds.

COMMISSION ON THE STATUS OF WOMEN
#42 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek authorized to accept and place on file the Biennial Report for the period of July 1, 2001 to June 30, 2003.

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

#43 Authorized to accept and expend $9,170.46 from the Federal Emergency Management Agency via the Department of Safety, in order to reimburse expenses for mitigating spring 2003 rain storm damage in Cheshire county. Effective upon G&C approval to March 15, 2005.

#44 Authorized to enter into a five year lease agreement with a five year renewal with the Federal Aviation Administration, New England Region in Miller State Park at an annual fee of $2,400. Effective retroactive to October 1, 2002 and ending on September 30, 2007.

#45 Authorized Division of Parks and Recreation to retroactively extend the temporary employees, as detailed in letter dated November 3, 2003, beyond their one-year anniversary date of full time employment.

#46 Authorized Division of Parks and Recreation to enter into a contract with American Conservation Consortium, Ltd., Fremont, NH, for professional conservation services to develop a Moisture Management Plan and provide technical assistance in improvements to environmental conditions at the Wentworth-Coolidge Mansion, Portsmouth, NH, in the amount of $28,415. Effective upon G&C approval through November 30, 2004. 100% Other.

#47 Authorized Trails Bureau to retroactively extend the Recreational Trails Program grant with Bedford Land Trust, Bedford, NH, (previously approved by G&C on 9-30-03, item #43), from September 30, 2003 to August 31, 2004.

#48 Authorized Design, Development, and Maintenance to enter into a contract with Mink Hill Timber Frame Homes, Inc., Bradford, NH, on the basis of a low bid of $39,800 for the roof restoration and asphalt shingling of the Franklin Pierce Homestead, Hillsborough, NH. Effective upon G&C approval through June 11, 2004. 100% Other.

#49 Authorized Design, Development, and Maintenance to enter into a contract with Fay, Spofford & Thorndike, LLC, Bedford, NH, for the site engineering and landscape architecture services for Gilson Pond Campground at Monadnock State Park, Jaffrey, NH in the amount of $86,492.79. Effective upon G&C approval through March 24, 2004. Capital-Park Funds.

#50 Authorized Division of Forests and Lands to accept and expend $30,032 of federal funds to provide assistance for training and equipment to rural fire departments. Effective upon G&C approval through September 30, 2005.

#51 Authorized Division of Forests and Lands to enter into a agreement with John C. Brown & Sons, Inc., Weare, NH, for a wildlife habitat improvement project at Bear Brook State Park in Allenstown, NH, for a cost not to exceed $7,500. Effective upon G&C approval through December 1, 2003. 100% Federal.

#52 Authorized Division of Forests and Lands to accept and expend $91,193 from the US Department of Agriculture for the Forest Land Enhancement Program. Effective upon G&C approval through September 30, 2005. 100% Federal.

#53 Authorized Division of Forests and Lands to accept and expend $50,000 received from the US Department of Environmental Services resulting from a memorandum of agreement for the period ending September 30, 2006. (2)Further Authorized to enter into an agreement with The Nature Conservancy to conduct the assessment and inventory work for a total of $50,000 during the period of G&C approval to June 30, 2005. 100% Other.

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

#54 Authorized to accept a transfer of 454 acres of land in Exeter and Newfields, NH from The Nature Conservancy. The parcel of land known as the Webb property is located on Beech Hill and Cubie Roads in Exeter and Newfields.

#55 Authorized to accept a conservation easement on 95.362 acres of land in Durham, NH from The Nature Conservancy. The parcel of land known as the Minichiello tract is located on Dame Road in Durham near the Department's Beckwith and Brown Conservation Easement.

#56 Authorized to accept the transfer of a 92.06 acre parcel of land in Durham, NH from The Nature Conservancy. The parcel of land known as the Solomon tract is located on Dame Road in Durham near the Department's Pearson Conservancy Easement.

#57 NOT USED

#58 Authorized to enter into a two-year contract for cleaning services with Reed Alan Spaulding, dba Spaulding Restorations, Lancaster, NH for a total amount of $15,120. Effective upon G&C approval through June 30, 2005 and may be extended for one additional two year period. 100% Fish and Game.

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

#59 Authorized to accept and expend $24,410.59 in federal funds under the OneStop Environmental Reporting and Information Access Program. Effective retroactive to July 1, 2003 through December 31, 2003.

#60 Authorized to accept and expend $130,000 in federal funds from the US Environmental Protection Agency for emergency preparedness assistance to community water systems through December 31, 2004.

#61 NOT USED

#62 Authorized to accept and expend funds from the Environmental Protection Agency for work associated with assessing waterbodies and documenting waterbody impairments, in the amount of $38,866. Effective upon G&C approval to September 30, 2005. 100% Federal Funds.

#63 Authorized to enter into a grant agreement with the Town of Hudson, NH, for Robinson Pond Watershed outreach phase II, in the amount of $1,445. Effective upon G&C approval through December 31, 2004. 100% Federal Funds.

#64 Authorized to enter into a grant agreement with the City of Dover, NH, for illicit discharge elimination, in the amount of $5,000. Effective upon G&C approval through December 31, 2004. 100% Federal Funds.

#65 Authorized supplemental loan agreement with the City of Claremont in the principal amount of $147,597.04, as detailed in letter dated October 29, 2003. 80% Federal, 20% General Funds.

#66 Authorized to award a Public Water System Emergency Interconnection grant to the Goffstown Village Precinct, Goffstown, NH, to complete a project to better protect public water supplies from future potential terrorist attacks, in the amount of $9,800. (2)Further Authorized to award a Public Water System Emergency Interconnection grant to the Town of Jaffrey, NH, to complete a project to better protect public water supplies from future potential terrorist attacks, in the amount of $15,000. Effective upon G&C approval through September 30, 2004. 100% Federal Funds.

#67 Authorized to enter into agreements with the nine Regional Planning Agencies in NH, as detailed in letter dated October 23, 2003, to implement the seventh year of the Regional Environmental Planning Program, for a total of $209,250. (2)Further Authorized to award an advance payment in the amount of $5,000 to each of the nine RPA's in accordance with the terms of the grant agreements. Effective upon G&C approval through June 30, 2004. 100% General Funds.

#68 Authorized Mary Anne and Lester Taufen's request to construct a fixed pier and a ramp connected to a float and a float arranged in a T-shape on the Lamprey River in Newmarket.

#69 Authorized Gary & Sue Marique's request to maintain an existing brook channel by dredging accumulated sand to an elevation of 413.5 ft from an un-named tributary to Northeast Pond, Milton.

DEVELOPMENTAL DISABILITIES COUNCIL
#70 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized to enter into a sole source agreement with Respitality by Design, LLC, Litchfield, NH, to assist with the startup costs involved in a new program providing Respitality statewide to organizations that provide family support or early support services to families of individuals with special needs, for $16,666 SFY 04, and $3,334 SFY 05. Effective retroactive to October 1, 2003 through September 30, 2004. 100% Federal.

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

Office of Administration
#71 Authorized to enter into a lease renewal agreement with 40 Terrill Park Drive, LLC, C/O CPManagement, Inc., Merrimack, NH, for office space in Concord, NH, in the amount of $2,307,516.81. Effective retroactive to November 1, 2003 or upon G&C approval, whichever is later, and to end sixty months thereafter. 45% Federal, 55% General.

#72 Authorized to enter into a lease renewal agreement with 30 Maplewood Avenue Trust, Quincy MA, for office space in Portsmouth, NH, in the amount of $1,524,027.96. Effective retroactive to November 1, 2003 or upon G&C approval, whichever is later, and to end sixty months thereafter. 45% Federal, 55% General.

Office of Health Planning & Medicaid
#73 Authorized to amend an existing contract with NH Dental Society, Concord, NH, (previously approved by G&C on 8-14-02, item, #128), to provide comprehensive support and treatment services for oral health care, by retroactively extending the completion date from June 30, 2003 to June 30, 2004. 100% General.

Division for Children, Youth & Families
#74 Authorized to retroactively reimburse the individuals from current year funds for travel expenses incurred while in the performance of official state business during last state fiscal year, as detailed in letter dated October 28, 2003. 50% Federal, 50% General.

#75 Authorized to enter into an agreement with A. Hurd Consultant, LLC, Kingston, NH, to provide adoption search services, in the amount of $23,750. Effective November 5, 2003 or upon G&C approval, whichever is later, through September 30, 2005. 100% Federal.

Office of Finance
#76 Authorized to enter into a sole source contract with Southern NH Services, Inc., Manchester, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $834,525. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

#77 Authorized to enter into a sole source contract with Rockingham Community Action, Inc., Portsmouth, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $463,226. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

#78 Authorized to enter into a sole source contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $413,819. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

#79 Authorized to enter into a sole source contract with Southwestern Community Services, Inc., Keene, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $373,514. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

#80 Authorized to enter into a sole source contract with Tri-County Community Action Program, Inc., Berlin, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $573,418. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

#81 Authorized to enter into a sole source contract with Strafford County Community Action Committee, Inc., Dover, NH, as a grant recipient under the Community Services Block Grant to provide nutritional services, community based services and anti-poverty programs to low-income families, in an amount not to exceed $345,847. Effective retroactive to October 1, 2003 to September 30, 2004. 100% Federal.

Office of Community & Public Health
#82 Authorized Bureau of Health Statistics and Data Management to hold a one-day External Cause of Injury Training Session on November 24, 2003 at a total cost not to exceed $4,225. (2)Further Authorized Bureau of Health Statistics and Data Management to enter into an agreement with Gerry Berenholz, RHIA, MPH, Lexington, MA, to provide a one day "External Cause of Injury Training" to health record coders on November 24, 2003, in an amount not to exceed $3,875. 100% Federal.

#83 Authorized to retroactively amend a sole source memorandum of understanding with the Department of Safety (previously approved by G&C on 12-18-02, item #99), for emergency medical disaster response and emergency preparedness planning services with the Trustees of Dartmouth College of Hanover, NH, by extending the completion date from August 30, 2003 to August 30, 2005 and increasing the price limitation by $652,932 from $323,911 to $976,843. Effective upon G&C approval. 100% Federal.

#84 Authorized to retroactively amend a sole source memorandum of understanding with the Department of Safety (previously approved by G&C on 11-13-02, item #120), for public health emergency preparedness planning services, by extending the completion date from August 30, 2003 to August 30, 2005, and increasing the price limitation by $510,000 from $400,000 to $910,000. Effective upon G&C approval. 100% Federal.

#85 Authorized Bureau of Rural Health and Primary Care to enter into an agreement totaling $19,258 with Littleton Hospital Association, Littleton, NH, for the Small Hospital Improvement Program, a federally funded initiative. Effective November 19, 2003 or upon G&C approval, whichever is later through June 30, 2004. 100% Federal.

#86 Authorized H&H Services and Department of Safety to enter into a sole source agreement totaling $375,000 with Mary Hitchcock Memorial Hospital, Lebanon, NH, to provide poison information center services. Effective November 5, 2003 or upon G&C approval, whichever is later, through June 30, 2004. 100% Federal.

#87 NOT USED

Division of Alcohol & Drug Abuse Prevention and Recovery
#88 Authorized to award one-time grants totaling $18,748 to the organizations as detailed in letter dated October 9, 2003, for substance abuse prevention and education programs. Effective October 1, 2003 or upon G&C approval, whichever is later, through June 30, 2004. 100% Federal.

#89 NOT USED

Division of Elderly & Adult Services
#90 Authorized to amend an existing sole source agreement with Community Services Council of NH, Concord, NH, (previously approved by G&C on 10-22-03, item #74), for the "Health Care Waste, Fraud and Abuse Senior Medicare Patrol Project", by increasing the amount by $34,647 from $166,250 to $200,897. Effective upon G&C approval through June 30, 2004. 100% Federal.

#91 NOT USED

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#92 Authorized to budget and expend prior year unexpended funds in the amount of $3,615,167.59 from the US Department of Education, to support the Reading Excellence/Reading First Act to help poor and educationally disadvantaged students to read. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

#93 Authorized to hold an awards banquet to recognize the NH Teacher of the Year and the NH Teacher of the Year Finalist, the NH Presidential Award for Excellence in Mathematics Teaching Recipients, and the NH Milken National Educators, for a total cost not to exceed $4,504.66. (2)Further Authorized to enter into a contract with the Wayfarer Inn, Bedford, NH, to provide the necessary conference facilities, and food service for the banquet for up to 150 attendees on December 11, 2003 in an amount not to exceed $4,504.66, which is part of the cost above. 100% Other Funds.

#94 Authorized to enter into a contract with Barbara E. Stone, sole proprietor, Sunapee, NH, to provide technical and monitoring assistance to school districts, and disseminate best practices information from State Improvement Grant projects, for an amount not to exceed $56,000. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. Effective upon G&C approval through August 31, 2004. 100% Federal Funds.
#95 Authorized to amend a contract with College for Lifelong Learning, Concord, NH, (previously approved by G&C on 9-3-03, item #139B), to support an alternative certification center for potential teaching candidates by extending the ending date from June 30, 2004 to June 30, 2005 and increasing the amount by $48,600 from $100,000 to an amount not to exceed $148,600. 100% Federal Funds.

#96 NOT USED

#97 NOT USED

NH COMMUNITY TECHNICAL COLLEGE SYSTEM
The Governor and Council acted as follows:

#98 Authorized NHCTC Stratham, Pease, and Manchester Campuses to enter into a contract with Waste Management of NH, Londonderry, NH, for weekly trash removal, in the amount of $46,168.08. Effective upon G&C approval through November 1, 2007. 40% General, 60% Other Funds.

#99 Authorized to enter into a contract with Windham Professionals, Inc., Salem, NH, to provide collection services for delinquent student loans and other debts owed to the System. Effective upon G&C approval through June 30, 2008. 100% Other Funds.

POLICE STANDARDS & TRAINING COUNCIL
#100 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler authorized to enter into a service agreement with the Peters Public Safety Consulting in Lafayette Hill, PA, to teach three specialized in-service classes during FY 04 to police officers at the NH Police Standards & Training Council facility in Concord, in the amount of $12,639. 100% Other Funds.

NEW HAMPSHIRE POSTSECONDARY EDUCATION COMMISSION
#101 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized to accept and place on file the Biennial Report for fiscal years July 1, 2001 to June 30, 2003.

ELECTRICIAN BOARD
#102 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler authorized a two year extension of lease with McCarthy Properties, for office space in Concord, for $9,500 for each fiscal year of the extension.

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#103 Authorized to accept and expend a $9,164,503 grant from the Federal Emergency Management Agency entitled FY2003 "Emergency Operations Center Phase II." Effective upon G&C approval through April 30, 2005. 100% Federal.

#104 Authorized Division of Fire Safety and Emergency Management to accept and expend a $9,074 grant entitled "Comprehensive Environmental Response, Compensation and Liability Act". Effective upon G&C approval through August 31, 2004. 100% Federal.

#105 Authorized a retroactive extension to the Prosecution of Trucking Laws Project (previously approved by G&C on 10-24-01, item #112), for $498,898, by extending the date from March 31, 2002 to December 31, 2003. 100% Federal.

#106 Authorized Division of Fires Standards and Training/EMS to enter into a $43,066 sole source contract with Interstate Emergency Unit Fire Mutual Aid, Inc., Stratham, NH, to conduct one Fire Fighter I Course and one Firefighter II Course in Rockingham County. Effective upon G&C approval through December 31, 2003.

#107 Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to retroactively enter into a grant with the City of Lebanon in the amount of $6,322.45 for costs associated with the execution of a weapons of mass destruction full scale exercise on September 13, 2003. 100% Federal.

#108 Authorized Division of State Police to retroactively enter into a contract with Justicetrax, Inc., Phoenix, AZ, to provide software maintenance for the Laboratory Information Management System in the State Police Laboratory, for a total amount of $25,920. 30% General, 70% Highway.

#109 NOT USED

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#110 Authorized to accept and place on file the Bureau of Right of Way's Contemplated Award List for the period October 18, 2003 through October 29, 2003.

#111 Authorized Bureau of Highway Design to enter into an agreement with Edwards and Kelcey, Manchester, NH, for a time-and-materials fee not to exceed $500,000. Effective upon G&C approval through thirty-six months from the date of Notice to Proceed.

#112 Authorized Bureau of Highway Maintenance to extend an agreement with North Winds Weather, Center Sandwich, NH, (previously approved by G&C on 10-23-02, item #91), for the purpose of providing statewide weather forecasting coverage for the Department's six Maintenance Districts and Turnpikes, increasing the contract amount by $8,196 from $7,968 to an amended total of $16,164. Effective upon G&C approval through June 30, 2004. 100% Highway.

#113 Authorized Bureau of Rail & Transit to lease a parcel of land to Merrimack Valley Railroad Company Inc., Franklin, NH, on the State-owned Concord to Lincoln Branch railroad corridor in Northfield for five years at $2,500 per year, plus a one time administrative fee of $500.

#114 Authorized Construction Bureau to increase the contract amount with Barletta Heavy Division, Inc., Roslindale, MA, (previously approved by G&C on 4-16-03, item #121), for pavement rehabilitation and safety work along US Route 4 in the Towns of Northwood, Nottingham, Barrington, and Lee and along NH Route 125 in the Town of Lee, by $75,000.

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

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $340.00 for the sole purpose of enrolling Maryanne Cantor, Professor, in the course entitled "Managing Organizational Behavior".

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Penn State University, University Park, PA, the sum of $1,331.00 for the sole purpose of enrolling John Marcley, Professor, in the on-line course entitled "Professional Seminar: Research and Adult Education".

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Penn State University, University Park, PA, the sum of $1,331.00 for the sole purpose of enrolling Wendy Ann Smith, Associate Professor, in the on-line course entitled "Professional Seminar: Research and Adult Education".

D. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $1,222.00 for the sole purpose of enrolling David Reichel, Program Planner III, in the course entitled "Principles of Statistical Inference".

E. SWEEPSTAKES - Request permission to pay New Hampshire Technical College, Laconia, NH, the sum of $408.00 for the sole purpose of enrolling Tonya Loving, Data Control Clerk II, in the course entitled "Accounting I".

F. SWEEPSTAKES - Request permission to pay New Hampshire Technical College, Laconia, NH, the sum of $408.00 for the sole purpose of enrolling Ashley Robichaud, Cashier, in the course entitled "Accounting I".

G. TRANSPORTATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $649.50 for the sole purpose of enrolling William Oldenburg, Chief of Preliminary Design, in the course entitled "Marketing Strategies".

H. TRANSPORTATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $649.50 for the sole purpose of enrolling Diana Smestad, Accountant IV, in the course entitled "Business Law".

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

A. CULTURAL RESOURCES - Request permission for (3) employees, Rebecca Lawrence, Director, Catherine O'Brian, Grants Program Coordinator, and Yvonne Stahr, Program Information Officer, or designee, to travel to Charleston, SC on December 2 - 7, 2003, to attend the Old Traditions /New Directions 2003 NASAA Annual Meeting and Pre-Conference. ALSO A CASH ADVANCE OF $1,000.00 IS REQUESTED FOR Catherine O'Brian, $1,000.00 IS REQUESTED FOR Yvonne Stahr, and $800.00 IS REQUESTED FOR Rebecca Lawrence. Total Cost: $6,536.00. Source of Funds: 100% Federal Funds. Registration Fee: $1,400.00.

B. EDUCATION - Request permission for (2) employees, Christine Noon, Education Consultant, and Evelyn Gandia, Parent Delegate, or designee, to travel to Washington, DC on December 1 - 4, 2003, to attend the Office of English Language Acquisition Summit II of 2003. ALSO REQUEST AN ADVANCED PAYMENT OF $1,038.00, THIS REQUEST IS FOR Two Room Reservations (3 Nights) at the Hilton Washington Hotel, 1919 Connecticut Avenue NW, Washington, DC 20009. ALSO A CASH ADVANCE OF $224.72 IS REQUESTED FOR Christine Noon. Total Cost: $2,367.72. Source of Funds: 100% Federal Funds. Registration Fee: $590.00.

LATE ITEMS

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
A. Authorized Division of Parks and Recreation to enter into a Lease Agreement with Bickford's Sport Center, Epsom, NH, for a two year lease of 11 snowmobiles for the period of December 1, 2003 through March 31, 2004 and December 1, 2004 through March 31, 2005. (2)Further authorize an advance payment of $20,280 by December 1st of each year.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Developmental Services
B. Authorized H&H Services and the Department of Education Division of Instruction to support a co-funded sole source agreement with the Institute on Disability at the University of NH. (2)Further authorize to enter into an agreement with the Institute on Disability, University of NH, Durham, NH, in the amount of $220,000. Effective retroactive to July 1, 2003 through June 30, 2004. 23% Other (Federal), 77% General.

DEPARTMENT OF TRANSPORTATION
C. Resolved that the Governor and Council approve the referenced contract #856099 with Jay-Mor Enterprises, Inc., Vendor #111145 of Pelham, NH on the basis of a low bid of $113211.00. This contract provides for the demolition of four buildings and the partial demolition of a fifth building in the city of Nashua.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY
D. Authorized to enter into an agreement with the Town of Plymouth, NH, under the Community Block Grant Program for the purpose of evaluating infrastructure improvements in the area of South Main St in downtown Plymouth in the amount of $12,000. Effective upon G&C approval through December 31, 2004. Federal Funds.

E. Authorized to enter into an agreement with the Town of Plaistow, NH, under the Community Block Grant Program for the purpose of studying handicapped accessibility for the Plaistow Town Hall, in the amount of $12,000. Effective upon G&C approval through December 31, 2004. Federal Funds.

F. Authorized to enter into an agreement with the Town of Warren, NH, under the Community Block Grant Program for the purpose of evaluating water improvements in the South Main St Water District, in the amount of $12,000. Effective upon G&C approval through December 31, 2004. Federal Funds.

Next Governor and Executive Council meeting is scheduled for Wednesday, December 3, 2003 at 10:00 a.m. at the State House in Concord, NH.

The Honorable Board then Adjourned

 

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