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Minutes
December 1, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
December 1, 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 Griffin, accepted the minutes of November 10, 2004 AS AMENDED:               Change the nomination of Lloyd S Doughty made at the November 10, 2004 meeting to represent a "Consumer of Substance Abuse Services" rather than a public member representative, to the Board of Licensing for Alcohol and Other Drug Abuse Professionals.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Griffin approved the appointment of several persons nominated for Civil Commissions from the November 10, 2004 meeting.

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

Councilor Burton, seconded by Councilor Wheeler moved to approve and ratify the letter sent to Commissioner Richard Flynn on November 24, 2004, in response to the October 6, 2004, report of the deputy attorney general regarding the investigation of former Attorney General Peter Heed.

The Governor and Executive Council swore into office the following representatives-elect:

Grafton County District No. 4
Bonnie Ham, r&d, Woodstock (796 DWH, North Woodstock) 03262

Hillsborough District No. 19
Robert W. Brundige, r, Merrimack (19 Level Street) 03054

Hillsborough District No. 21
Elenore "Casey" Crane, r, Nashua (37 Burnside Street) 03064

Merrimack District No. 13
Mary Beth Walz, d, Bow (25 One Stock Drive) 03304

RESIGNATIONS

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

Department of Resources and Economic Department
Director of the Division of Parks and Recreation
Richard McLeod, Franconia Effective: January 1, 2005

State Commission on The Status of Men
Chairman
Gerard J. Boyle, Plymouth  Effective: December 1, 2004

CONFIRMATIONS

The Governor and Council confirmed the following:

Adjutant General
Kenneth R. Clark, Stratham Effective: December 1, 2004
Replacing John E. Blair, Barnstead                Term: upon the age of 65
Salary Grade II $89,128

Alcohol and Drug Abuse Prevention, Intervention, and Treatment Commission - Councilor Griffin voted no.
Betsy Abrahams, Merrimack Effective: December 1, 2004
Reappointment Term: September 20, 2007

American and Canadian French Cultural Exchange Commission
Joseph Dion, Manchester  Effective: December 1, 2004
Replacing Georgette L. Hippauf, Nashua Term: July 17, 2011

American and Canadian French Cultural Exchange Commission
Beniot L. Lamontagne, Colebrook                  Effective: December 1, 2004
Replacing Albert E. Nault, Campton                  Term: May 23, 2010

American and Canadian French Cultural Exchange Commission
J. Claude LaRoche, Manchester Effective: December 1, 2004
Filling Vacancy Term: July 17, 2010

Current Use Advisory Board
Public Member
Thomas N. Thomson, Orford       Effective: Upon Cofirmation
Reappointment Term: November 16, 2006

Concord District Court - Vote by roll call as follows: Councilor Burton - yes, Coucilor Spaulding -no, Councilor Griffin -no, Councilor Wieczorek - yes, and Councilor Wheeler - yes.
Justice
Gerard J. Boyle, Plymouth  Effective: January 4, 2005
Replacing Arthur E Robbins        Term: upon mandatory retirement age

Derry District Court
Justice
John Coughlin, Mont Vernon      Effective: December 24, 2004
Replacing Lawrence F Warhall, Londonderry Term: upon mandatory retirement age

Derry District Court -Councilor Griffin, seconded by Councilor Spaulding, made a motion to table the confirmation. On a roll call vote as follows: Councilor Burton - no , Coucilor Spaulding - yes , Councilor Griffin - yes , Councilor Wieczorek - no , and Councilor Wheeler - no , the tabling motion failed . Councilor Wieczorek, seconded by Councilor Wheeler, with Councilor Spaulding and Councilor Griffin voting no , confirmed the following:
Special Justice
Robert S. Stephen, Manchester   Effective: December 1, 2004
Filling Vacancy Term: upon mandatory retirement age

Dover District Court
Justice
Stephen M. Morrison, Dover       Effective: December 12, 2004
Replacing Robert L. Cullinane, Somersworth  Term: upon mandatory retirement age

Department of Employment Security - Vote by roll call as follows: Councilor Burton - yes, Coucilor Spaulding - yes , Councilor Griffin - no, Councilor Wieczorek - no , and Councilor Wheeler - yes.
Commissioner
Richard S. Brothers, Thornton     Effective: December 1, 2004
Replacing John J. Ratoff, Exeter  Term: April 1, 2009
Salary Grade II Step 5 $89,128

Department of Health and Human Services - Vote by roll call as follows: Councilor Burton - yes, Coucilor Spaulding - no, Councilor Griffin - yes , Councilor Wieczorek - yes, and Councilor Wheeler - yes.
Deputy Commissioner
Nicholas Toumpas, Concord       Effective: December 1, 2004
Filling Vacancy Term: August 18, 2008
Salary Grade KK Step 3 $86,812

Healthy Kids Subcommittee
Harvey Schwartz, Harrisville        Effective: December 1, 2004
Reappointment Term: May 29, 2006

Office of Information Technology
Chief Information Officer
Richard C. Bailey Jr., Bow                Effective: December 1, 2004
Filling Vacancy (Currently Serving as Interim CIO)       Term: Serves at pleasure of the Governor
Salary $95,000

Lakes Management Advisory Committee
Conservation
Larry Sunderland, Deering Effective: December 1, 2004
Replacing Leslie Enroth, North Sutton           Term: September 19, 2007

Merrimack River Valley Flood Control Commission
Merton L. Mann, Dunbarton       Effective : December 1, 2004
Reappointment Term: March 1, 2007

Nashua Police Commission - Councilor Griffin voted no. Vote by roll call as follows: Councilor Burton - yes, Coucilor Spaulding -no, Councilor Griffin -no, Councilor Wieczorek - yes, and Councilor Wheeler - yes.
Robert E. Valade, Nashua   Effective: December 1, 2004
Replacing Maurice Arel, Nashua                   Term: September 1, 2007

Department of Safety
Assistant Director of the Division of Emergency Services, Communications, and Management
Kathryn E. Doutt, Chichester       Effective: December 1, 2004
Salary Grade EE Max $66,779       Term: serves at pleasure of commissioner

Department of Safety
Director of the Division of Emergency Services, Communications, and Management
Bruce G. Cheney, Laconia  Effective: December 1, 2004

Department of Transportation
Assistant Commissioner  
David J. Brillhart, Concord              Effective: December 1, 2004
Salary Grade KK Step 4 $91,637  Term: February 28, 2006

CONFIRMATION FAILED

The Governor and Council on motion of Councilor Burton, seconded by Councilor Wheeler, and with Councilors, Spaulding, Councilor Griffin, and Councilor Wieczorek voting no, voted to deny the following:

Human Right Commission
Henry P. Mock, Jackson     Effective Upon Confirmation
Replacing Arthur L. Hilson, Portsmouth        Term: November 1, 2009

NOMINATIONS

The Governor placed into nomination the following:

American and Canadian French Cultural Exchange Commission
Emile D. Beaulieu, Goffstown       Effective: Upon Confirmation
Replacing Margaret S Langford, Keene         Term: July 17, 2011

Division for Children, Youth, and Families Advisory Board
Melissa A. Gould, Woodsville    Effective: Upon Confirmation
Replacing Cheryl Molloy, Alexandria Term: July 1, 2007

Compensation Appeals Board
Employment/Insurer
Tom Jordan, Manchester    Effective: Upon Confirmation
Filling Vacancy Term: February 13, 2006

Current Use Advisory Board
Representing Assessing Official in a City
David S. Woodward, Milan          Effective: Upon Confirmation
Replacing Kathryn Temchack, Laconia        Term: March 15, 2006

Derry District Court
Justice
David LaFrancois                Effective: Upon Confirmation
Replacing John Coughlin, Mont. Vernon      Term: upon mandatory retirement age

Nashua District Court
Justice
John Coughlin, Mont. Vernon     Effective: Upon Confirmation
Filling Vacancy Term: upon mandatory retirement age

Department of Education
Commissioner
John Graziano, Pembroke    Effective: Upon Confirmation
Replacing Nicholas Donohue, Concord       Term: November 15, 2008
Salary Grade KK $72,349-$96,461

Employment Security Appellate Board
Labor
Jean Brassard, Bow             Effective: Upon Confirmation
Replacing Richard Fudala   Term: August 23, 2008

Fish and Game Commission
Merrimack County Commissioner
William Carney, Bow           Effective: Upon Confirmation
Filling Vacancy Term: June 29, 2007

Board of Foresters
Public Member
David W. Tellman, Whitefield     Effective: Upon Confirmation
Replacing Thomas N Thomson, Orford       Term: August 22, 2009

Health Services Planning and Review Board
Represents Association of Counties
William F. Sturtevant, Exeter        Effective: Upon Confirmation
Newly Created Position      Term: December 1, 2007

State Board for the Licensing and Regulation of Plumbers
Public Member
Robert A Hill, Bow               Effective: Upon Confirmation
Filling Vacancy Term: February 3, 2007

McAuliffe Planetarium Commission
Richard Ashooh, Bedford  Effective: Upon Confirmation
Reappointment Term: September 19, 2007

McAuliffe Planetarium Commission
Karen Bianco, Gilford         Effective: Upon Confirmation
Reappointment Term: September 19, 2007

McAuliffe Planetarium Commission
Education Community
Gregory G. Carson, Londonderry                   Effective: Upon Confirmation
Replacing Nicholas Donohue, Concord       Term: September 19, 2007

McAuliffe Planetarium Commission
Educations Community
Antoinette B. Galvin, Portsmouth                  Effective: Upon Confirmation
Reappointment Term: September 19, 2007

McAuliffe Planetarium Commission
Daniel St. Hilaire, Penacook         Effective: Upon Confirmation
Replacing David W Davis, Keene                  Term: September 19, 2007

McAuliffe Planetarium Commission
William Lambrukos, Concord       Effective: Upon Confirmation
Reappointment Term: September 19, 2007

McAuliffe Planetarium Commission
Erle Pierce, Bow                   Effective: Upon Confirmation
Replacing Francis J Hanines Jr., North Sutton                Term: October 10, 2007

Mental Health Practice Board
Public Member
Yvonne Cyr Bresnahan, Manchester            Effective: Upon Confirmation
Filling Vacancy Term: February 17, 2005

Public Water Access Advisory Board
Lakes Association
Maynard Goldman, Grantham      Effective: Upon Confirmation
Replacing Kathleen Paine, Concord              Term: October 27, 2007

Real Estate Appraisers Board
Michael F. Wihby, Manchester   Effective: Upon Confirmation
Replacing Alfred C Lerandeau     Term: May 13, 2007

Rivers Management Advisory Committee
Historical/Archaeological
Wesley R. Stinson, Concord        Effective: Upon Confirmation
Reappointment Term: June 15, 2008

New Hampshire Victims Assistance Commission
Jo Davidson, Hollis             Effective: Upon Confirmation
Reappointment Term: 3 yrs from confirmation

New Hampshire Victims Assistance Commission
David Gruette, Barnstead   Effective: Upon Confirmation
Reappointment     Term: 3 yrs from confirmation

New Hampshire Victims Assistance Commission
Dennis Harney, Concord    Effective: Upon Confirmation
Reappointment Term: 3 yrs from confirmation

Wetlands Council
Municipal Conservation Commission
Camilla C. Lockwood, Chester     Effective: Upon Confirmation
Reappointment Term: November 21, 2007

OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

#1     Authorized to enter into a contract with Southwestern Community Services, Inc., Keene, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $35,042. Effective upon G&C approval through June 30, 2005.

#2     Authorized to enter into a contract with Tri-County Community Action Program, Inc., Berlin, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $41,148. Effective upon G&C approval through June 30, 2005.

#3     Authorized to enter into a contract with Rockingham Community Action, Inc., Portsmouth, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $26,185.Effective upon G&C approval through June 30, 2005.

#4     Authorized to enter into a contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $44,792. Effective upon G&C approval through June 30, 2005.

#5     Authorized to enter into a contract with Southern NH Services, Manchester, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $53,673. Effective upon G&C approval through June 30, 2005.

#6     Authorized to enter into a contract with Strafford County Community Action Committee, Inc., Dover, NH, as a grant recipient under the Head Start Program, in an amount not to exceed $40,497. Effective upon G&C approval through June 30, 2005.

#7     Authorized to amend a short term contract with ASA Cleaning Service, Pembroke, NH, by extending the completion date from November 30, 2004 to November 30, 2005, and increasing the contract amount by $9,850 for a new total of $12,220. 36% General, 40% Federal, 24% Other Funds. 

#8     Authorized to enter into a lease agreement with McCarthy Properties, Wareham, MA, for office space, in the amount of $187,200. Effective December 1, 2004 through November 30, 2007. 49% General, 38% Federal, 13% Other Funds. 

           COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

#9     Authorized to amend an agreement with the Town of Boscawen, NH, (previously approved by G&C on 6-26-02, Item #6, amended on 1-7-04, item #9), to upgrade water sewer collection systems, by extending the completion date from December 31, 2004 to December 31, 2005 and increasing the price limitation by $350,000 for a new total of $700,000.

#10     Authorized under the Community Development Block Grant Program to amend an existing agreement with the City of Concord, NH, (previously approved by G&C on 8-13-03, item #197), for the purpose of rehabilitating 25 units of low to moderate income housing, by changing the end date from December 31, 2004 to June 30, 2005.

#11     Authorized to amend an agreement with the Town of Swanzey, NH, (previously approved by G&C on 11-19-03, item #16), for a municipal wastewater collection system, by extending the completion date from December 31, 2004 to December 31, 2005 and increasing the price limitation by $350,000 for a new total of $700,000.

           OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#12     Authorized Deborah L Carter, Lee, NH, be nominated for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#13     Authorized Ricky J Maffei, Nottingham, NH, be nominated for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#14     Authorized Gretchen S Dunkelberger, Eliot, ME, be nominated for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#15     Authorized Eugene R. Mozzoni, Dover, NH, be nominated for promotion to the rank of Major, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#16     Authorized Michael J Mawson, Dover, NH, be nominated for promotion to the rank of Lieutenant Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This promotion was approved by a board convened in accordance with the Reserve Officer Personnel Management Act.

#17     Authorized Patrick J Racz, Bristol, NH, be nominated for promotion to the rank of Major, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified. This promotion was approved by a board convened in accordance with the Reserve Officer Personnel Management Act.

#18     Authorized to enter into an agreement with Doty Group, Inc., Hollis, NH, for snowplowing and winter surface treatment services at the Manchester State Armory, Manchester, NH, at a price not to exceed $11,980. Effective upon G&C approval through April 30, 2006. 99% General, 1% Federal Funds. 

        DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#19     Authorized to accept and place on file the Report and Findings of Councilor Ruth L. Griffin with regard to the proposal for the major construction, renovation, expansion, capital equipment and furnishing project and the refinancing of existing indebtedness in connection with the University System of New Hampshire, Durham and Keene, NH.

#20     Authorized to accept and place on file the list of agency transfers Authorized for Fiscal Year 2005 during the month of October.

#21          NOT USED

#22     Authorized to partially waive the State's workers' compensation lien related to John Pacheco. Liberty Mutual, serving as the State's insurer of the State Employee's Workers' Compensation Program at the time of injury, recommends that partial lien waiver be granted. Approval of this action will allow $8,333.31 to be returned to State Funds.

#23     Authorized to partially waive the State's workers' compensation lien related to Virginia Doyle. Liberty Mutual, serving as the State's insurer of the State Employee's Workers' Compensation Program at the time of injury, recommends that partial lien waiver be granted. Approval of this action will allow $17,214.52 to be returned to State Funds.

#24     Authorized to accept and place on file the list of vendors that agencies have contracted with for the period of July 1, 2004 through September 30, 2004. 

#24A     Authorized Division of Personnel to enter into a contract with Employee Benefit Management, Inc., to administer a Flexible Spending plan for state employees in an amount not to exceed $50,000 per year for the period January 1, 2005 through December 31, 2005.

           BANKING DEPARTMENT

#24B       The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, Authorized retroactive permission for Peter C Hildreth, Commissioner, to travel to Hershey PA, by state automobile in lieu of common carrier, to attend the Conference of State Bank Supervisors District I Meeting, held October 26, 2004 through October 28, 2004. 100% Other.

           NH DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

The Governor and Council acted as follows:

#25     Authorized to enter into an agreement with Screenvision Direct, Rochester, NY, to develop and advertisement that will be seen on movie theater screens in six NH movies theaters for the purpose of promoting the state's agriculture industry and products during the holiday shopping season, in the amount of $2,445. Effective retroactively to November 13, 2004 to December 24, 2004. 94% General, 6% Other Funds. 

#26     Authorized with Councilor Griffin voting no, to enter into a contract with Rockingham County Conservation District, Brentwood, NH, to provide administrative assistance to the State Conservation Committee for their Conservation Number Plate Grant Program, in the amount of $27,000. Effective upon G&C approval through October 31, 2005. 100% Other Funds. 

           TREASURY DEPARTMENT

The Governor and Council acted as follows:

#27     Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $9,558.41 to the rightful owners of abandoned or unclaimed funds.

#28     Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $14,723.30 to the rightful owners of abandoned or unclaimed funds.

           ATTORNEY GENERAL

The Governor and Council acted as follows:

#29     Authorized with Councilor Wheeler voting no, to retroactively pay Fiscal Year 2005 dues to the National Association of Attorneys General in the amount of $21,721. This request covers the period July 1, 2004 through June 30, 2005. 100% General Funds. 

#30     Authorized to accept and expend a grant in the amount of $398,290 from the US Department of Justice, Violence Against Women Office to implement the Rural Domestic Violence and Child Victimization Enhancement Grant to assist women and their children who are victims of violent crime in NH. (2)Further Authorized to enter into a sub-grant with the NH Coalition Against Domestic and Sexual Violence in the amount of $394,305 to fund three Domestic Violence Prevention Specialists at DCYF District Offices in Coos, Grafton, Carroll and Sullivan Counties. Effective upon G&C approval through December 31, 2006. 100% Federal Funds. 

#31                WITHDRAWN - The Governor withdrew the request to appoint Orville B. Fitch, as a Senior Assistant Attorney General, at a salary level of $60,675, for a term ending May 26, 2007.Effective upon G&C approval.

           DEPARTMENT OF LABOR

#32          The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler, Authorized to exercise its option, under the same terms and conditions, to renew the lease with Concord Business Center/Liberty/Lighthouse Trust, Concord, NH, for 2,700 square feet of storage space located in Concord, NH, in an amount not to exceed $25,560. Effective January 1, 2005 through December 31, 2005. 100% Other Funds. 

           EMPLOYMENT SECURITY

#33          The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, Authorized to reclassify one position #30117, Program Assistant I, salary grade 12, to Program Specialist I, salary grade 19. 100% Federal Funds.

           PUBLIC UTILITIES COMMISSION

The Governor and Council acted as follows:

#34     Authorized to continue its membership and participation in the New England Conference of Public Utilities Commissioners, for an amount of $24,000. Effective retroactively to October 1, 2004 through September 30, 2005. 100% Other Funds. 

#35     Authorized to amend a contract with Steven E Patnaude, CCR, Concord, NH, (Previously approved by G&C on 2-19-03, item #41), to provide court-reporting services, by extending the contract termination date for an additional six months, from December 31, 2004 to June 30, 2005.

           DEPARTMENT OF CORRECTIONS

The Governor and Council acted as follows:

#36     Authorized retroactive payment of on-call services provided by Keith Courtney, MD, in the amount of $4,450 from February 2004 through June 2004.100% General Funds. 

#37     Authorized retroactive payment of Supplemental Military Pay to employee Jay Degreenia in the amount of $1,812.40, for the period of January 14, 2004 through June 10, 2004 for SFY 2005. 100% General Funds. 

#38     Authorized to retroactively grant a salary increment for Robert MacLeod, Administrative Director of Medical and Forensic Services, increasing his salary from Group HH, Step 4, $80,019 annually, to Group HH, Maximum Step, $84,232, annually, effective October 25, 2004, his anniversary date of employment.

#39     Authorized to reimburse Warden Bruce Cattell for the cost of relocation expenses as a result of Warden Cattell's transfer from the Northern NH Correctional Facility to the Warden for the NH State Prison for Men in Concord, NH with the confirmation date of September 22, 2004, for an amount not to exceed $5,000. 100% General Funds. 

#40     Authorized to reclassify position #41453, Teacher III, LG 22, to Chaplain I, LG 21.

#41     Authorized to enter into a sole source retroactive contract with VL Peterson Associates, Concord, NH, for interpretation services for a Chinese speaking inmate currently housed at the NH State Prison in Concord, NH. Effective February 9, 2004 through June 30, 2005. 100% General Funds. 

#42     Authorized to enter into a two-year contract in the amount of $34,785 with Interstate Fire Protection, Inc. to provide portable fire extinguisher and range guard maintenance, inspection, testing and recharging at the Northern Correctional Facility in Berlin, NH. Effective retroactive to September 1, 2004 through August 31, 2006 and has the option for additional period of two years. 100% General Funds. 

           DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#43     Authorized Bureau of Ski Operations to submit the information, as detailed in letter dated November 10, 2004, regarding season passes issued for Cannon Mountain for the quarter ending September 30, 2004. 

#44     Authorized Division of Travel and Tourism Development to submit the information, as detailed in letter dated November 4, 2004, regarding the Tourism Development Fund for the period ending June 30, 2004.

#45     Authorized Bureau of Trails to enter into Grant-in-Aid Trail Maintenance Contracts (Winter Trail Grooming) with the OHRV Clubs as detailed in letter dated December 1, 2004, for a total amount of $1,467,278.28. Effective upon G&C approval through May 1, 2005. 100% Other.

#46     Authorized Trails Bureau to enter into an agreement with The Rowley Agency Inc., Concord, NH, for a "Landowner Liability Insurance Policy" for the off-highway recreational vehicle program, in the amount of $197,280. Effective January 1, 2005 through January 1, 2008. 100% Other.

#47     Authorized Division of Forests and Lands to license 91 camp lots at Nash Stream Forest, retroactive to July 1, 2004, using the enclosed Camp Lot License for five years at an annual fee of $530 per camp lot.

#48     Authorized Division of Forests and Lands to enter into a contract with SBI Aircraft Services Laconia LLC, Gilford NH, for aircraft flight services for mapping of insect and disease damaged areas for a contract cost of $6,000. Effective upon G&C approval through April 30, 2006. (2)Further Authorized to pay $1000 each year of the contract to SBI, upon G&C approval, for required comprehensive insurance. 100% Other. 

           NH FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#49     Authorized to accept and expend an additional $75,922 in federal funds from the National Oceanic and Atmospheric Administration Office for Law Enforcement, to enforce federal laws and regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Endangered Species Act of 1973. Effective upon G&C approval through September 30, 2005.

#50     Authorized to reclassify position #40466, LG 17, which is currently a vacant Biological Technician position, to a Biologist I position, LG 21.

#51     Authorized to enter into a sole source agreement with Macro International, Inc., Burlington, VT, and to reimburse NHFG up to $9,602.93 for collection of information on catch by NH marine recreational anglers. (2)Further Authorized to accept and expend an estimated $9,602.93 for the above performed services. Effective upon G&C approval through June 30, 2005.

#52     Authorized to enter into a contract with Zero Waste and Recycling Services Inc., Bow, NH, to provide waste removal services at NHFG headquarters, Concord, NH, for an amount not to exceed $6,000. Effective January 1, 2005 through January 1, 2007 and may be extended for one additional two-year period with no change to fee structure. 100% Fish and Game. 

#53     Authorized to amend a sole source contract with John Brown & Sons, Inc., Weare, NH, (previously approved by G&C on 6-23-04, item #115), to conduct habitat restoration for the federally and state endangered Karner blue butterfly, by extending the termination date from January 31, 2005 to April 30, 2006.

           DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#54     Authorized to accept and expend $100,000 from the US Environmental Protection Agency, for a program to reduce emissions from school buses in the Manchester and Nashua school districts through installation of pollution control technology. Effective upon G&C approval through June 17, 2006.

#55     Authorized to retroactively enter into a Joint Funding Agreement with the US Geological Survey, Pembroke, NH, in the amount of $111,794, for streamflow gaging from July 1, 2004 through June 30, 2005. 74% General, 26% Other Funds. 

#56     Authorized a memorandum of agreement with the City of Lebanon for air quality monitoring activities at the Lebanon Municipal Airport, upon G&C approval through December 31, 2025.(2)Further Authorized to provide a one time $7,475 payment to the City of Lebanon, Lebanon Municipal Airport upon G&C approval.

#57     Authorized to enter into an agreement with the Blue Ocean Society for Marine Conservation, Inc., Greenland, NH, to increase the public awareness and involvement in local marine debris monitoring and clean up, in the amount of $45,191. Effective upon G&C approval through December 31, 2005.100% Federal Funds. 

#58     Authorized to enter into an agreement with the Town of Newfields, NH, for the protection of freshwater wetlands in Newfields, NH, in the amount of $50,000. Effective upon G&C approval through December 31, 2005. 100% Federal Funds. 

#59     Authorized a loan agreement with the City of Manchester, NH, to finance the design and construction of the West Bridge/Lorraine/Bremer Street Basin Separation, in the principal amount of $5,135,950 under the provisions of NH Administrative Rules Env-C 500. Effective upon G&C approval. 100% Other. 

#60     Authorized to enter into agreements with the nine Regional Planning Agencies in NH, as detailed in letter dated November 4, 2004, in order to implement the 2005 Regional Environmental Planning Program, for a total of $215,000. Effective upon G&C approval through June 30, 2005. (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. 100% General Funds. 

#61     Authorized Harilla Landing Yacht Club's request to dredge from lakebed to improve access to an existing major docking facility and boat ramp on frontage on property located at Duck Trap Cove on Lake Winnipesaukee in Moultonborough.

#62     Authorized John Dorn's request to dredge from lakebed and fill to construct breadwater in a slight "L" configuration with a gap at the shoreline, construct a cantilevered pier connected to a piling supported wharf by a walkway accessed by a walkway with a seasonal boatlift and canopy on joint frontage on property located at Tuftonboro Neck on Lake Winnipesaukee in Tuftonboro.

            

BOARD OF PHARMACY

#63          The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, Authorized to budget and expend $6,000 in funds not otherwise appropriated, for the appointment of an independent investigator to conduct an informal investigation into the practice of a certain NH licensed pharmacy, with and at the direction of the Office of the Attorney General. Effective retroactive to October 1, 2004 through June 30, 2005. (2)Further Authorized a sole source contract for professional services with Paul D Parnass, Bow, NH, for an aggregate amount not to exceed $6,000, commencing on October 1, 2004 through June 30, 2005.

           BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

#64          The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler, Authorized to budget and expend $10,000 in general funds from examination fees, not otherwise appropriated. Effective upon G&C approval through June 30, 2005.

           DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

           Developmental Disabilities Council

#65     Authorized to enter into an agreement with Moore Center Services, Inc., Manchester, NH, to pilot a training series for frontline supervisors of direct care staff who serve citizens with developmental disabilities, in the amount of $14,000. Effective retroactively to April 1, 2004 December 31, 2004. 100% Federal.

           Division of Public Health Services

#66     Authorized Public Health Laboratories to pay the enrollment fees for proficiency testing programs to be subscribed to in State Fiscal Year 2005, to be supplied by the vendors as detailed in letter dated October 29, 2004. 58% General, 39% Federal, 3% Other Funds.

#67     Authorized Bureau of Prevention Services, Radiological Health Section to retroactively provide reimbursement to Dennis O'Dowd in the amount of $275 for conference registration incurred May 21, 2004. 100% Other Funds. 

           Division of Family Assistance

#67A     Authorized to accept and expend $66,499 in federal funds, as specified in letter dated November 23, 2004. Fiscal Committee approved. 

           Office of Medicaid Business and Policy

#68     Authorized Special Medical Services Bureau to enter into an agreement with Upper Valley Support Group for Parents of Children With Special Needs, Lebanon, NH, to staff a toll-free telephone number for NH Families calling to seek information, referral, literature or related services for their child(ren) with special health care needs, and to furnish an individual to be a Parent-to-Parent Coordinator who will provide referral and matching services to parents of children with special health care needs, for an amount not to exceed $16,269. Effective upon G&C approval through June 30, 2005. 68% General, 32% Federal Funds. 

#69     Authorized to amend its existing contract with Southern NH Services, Incorporated, Manchester, NH, (previously approved by G&C on 10-24-01, amended on 10-8-03, item #73), by extending the termination date from September 30, 2004 to September 30, 2005, and by increasing the price limitation by $61,822 from $247,287 to $309,109, effective retroactive to October 1, 2004. 58% General, 42% Federal Funds. 

           New Hampshire Hospital

#70     Authorized to amend the Consultants List (previously approved by G&C on 6-25-03, item #263, amended on 9-17-03, item #94, amended on 3-24-04, item #97), by adding Margarita Curtis, Concord, NH, as a substitute teacher at the rte of $12.00 per hour.Effective upon G&C approval through June 30, 2005. 100% General Funds. 

#71     Authorized to enter into an agreement with the Concord Hospital, Concord, NH, to provide Clinical Equipment Repair and Maintenance, Laboratory/Pathology Services and Employee Health Services at the Hospital, in the amount of $413,000. Effective retroactive to July 1, 2004 through June 30, 2006. 99% General, 1% Other Funds. 

           DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#72     Authorized to enter into a contract with William Preble, sole proprietor, Henniker, NH, to provide project research services for the Integrated Arts Learning Project in an amount not to exceed $13,000. Effective upon G&C approval through June 30, 2005. 100% Other Funds. 

#73     Authorized to enter into a contract with NH Alliance for Arts Education, Northfield, NH, to provide resource guide project coordinator services for the integrated learning arts project in an amount not to exceed $7,500. Effective upon G&C approval through June 30, 2005. 100% Other Funds. 

#74     Authorized to enter into a contract with North American Family Institute, Inc., Contoocook, NH, for a Pre-Charter Planning Grant, to provide financial resources to study, design a charter school proposal, and advertise said charter, for an amount not to exceed $17,997.90. Effective upon G&C approval through December 31, 2004. 100% Federal Funds. (2)Further Authorized an advance payment in the amount of $17,997.90 to North American Family Institute, Inc., upon G&C approval.

#75     Authorized with Councilor Wheeler voting no, to enter into a retroactive contract with Private Secretary, Inc., Cranston, RI, to provide transcription services for a total cost of $116,550. Effective July 1, 2004 through July 10, 2005. (2)Further Authorized to exercise a renewal option for one additional fiscal year pending legislative approval of the next biennium budget.(3)Further Authorized to waive the 25% withholding requirement per NH Code of Administrative Rules Section 311.07(a) (5), as this is a fee for services agreement. 100% Federal Funds. 

#76     Authorized to utilize the services of Patricia A Salt, Ph.D., to provide psychological consultations, upon G&C approval through June 30, 2005, for up to an estimated total of $21,760 during Fiscal Year 2005 and Authorized unencumbered payments on a fee for service basis. 100% Federal Funds. 

#77     Authorized to budget and expend prior year unexpended funds in the amount of $493,881 from the US Department of Education to provide the Reading First/Reading Excellence programs to help poor and educationally disadvantaged students during the year ending June 30, 2005. 100% Federal Funds. 

#78     Authorized to enter into a sole source contract with Measured Progress, Inc., Dover, NH, to administer the NHEIAP Alternative Assessment and the NHEIAP High School Assessment in an amount not to exceed $1,285,149 pending legislative approval of the next biennium budget. Effective upon G&C approval through December 31, 2005.100% Federal Funds. (2)Further Authorized the payment for services rendered and approved on the basis of invoices which are supported by a summary of activities that have taken place in accordance with the terms of the contract, along with a detailed listing of expenses incurred in lien of withholding 25% of the total value of the contract.(3)Further Authorized to exercise a renewal option on this contract for up to five additional fiscal years, subject to the contractors acceptable performance of the terms therein and pending legislative approval for the next 2 biennium budgets.

           POSTSECONDARY EDUCATION COMMISSION

The Governor and Council acted as follows:

#79     Authorized to award a $12,500 grant to Hesser College for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit. 100% General Funds. 

#80     Authorized to award a $8,500 grant to Colby-Sawyer College for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.100% General Funds. 

#81     Authorized to award a $27,500 grant to Keene State College for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.100% General Funds. 

#82     Authorized to award a $25,000 grant to Plymouth State University for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.100% General Funds. 

#83     Authorized to award a $16,000 grant to Saint Anselm College for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.100% General Funds. 

#84     Authorized to award a $24,750 grant to Southern NH University for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.100% General Funds. 

           NH COMMUNITY TECHNICAL COLLEGE SYSTEM

#85          The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler, Authorized to enter into a License for Use of Premises, retroactively, with Dave's Motorboat Shoppe, LLC, Gilford, NH, for the purpose of leasing space for marine engine training, in the amount of $37,400.Effective October 27, 2004 through January 31, 2009 pending legislature approval of future budgets. 50% General, 50% Other Funds. 

           DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#86     Authorized Division of Motor Vehicle an exemption from NH Purchasing Rule Number 607.03 (c) which limits the size of an agency's fleet, to purchase three new Highway Patrol vehicles.

#87     Authorized Division of Emergency Services, Communications and Management, Bureau of Emergency Management to hold a workshop for "Homeland Security for Local Governments" on December 7,8, and 9, 2004 at the Wynwood Hotel & Suites, Portsmouth, NH, for a total not to exceed $6,645.90. (2)Further Authorized a contract with Serfred Corporation dba the Wynwood Hotel & Suites, Portsmouth, NH, for a function room, meals, and rooms in the amount of $6,645.90 for the period from G&C approval through December 9, 2004. 100% Federal. 

#88     Authorized with Councilor Wheeler voting no, the Division of Safety Services to enter into a sole source contract with Drake Electric, Lakeport, NH, for NH Marine Patrol's building electrical needs, in the amount of $4,500. Effective upon G&C approval through May 15, 2005. 

#89     Authorized Division of Motor Vehicles to enter into a sole source retroactive agreement with Tri-Town Ice Arena, Hooksett, NH, to provide training classroom and range for the Motorcycle Rider Training program, in the amount of $21,125. Effective April 1, 2004 through October 31, 2005. 

#90     Authorized Division of Fire Standards and Training/EMS to enter into a second year extension, $36,340 for contract maintenance for the Live Training System at the Academy with Kidde Fire Trainers Inc., formerly Symtrol Systems Inc. (previously approved by G&C on 12-13-03, item #60).

#91     Authorized Division of State Police to enter into a retroactive sole source agreement with Perkin Elmer, Inc., Shelton, CT, for the maintenance of two gas chromatographs in the Forensic Laboratory, in the amount of $9,732.Effective upon G&C approval through July 31, 2005.

#92     Authorized Division of State Police to enter into a contract with Piecuch Enterprises, Lee, NH, for snow removal at Troop A in Epping, in the amount of $8,100. Effective upon G&C approval through June 30, 2005.

#93     Authorized Division of Motor Vehicles and the Office of Information Technology to amend an existing agreement with Bearing Point, formerly KPMG Consulting, Inc., increases the scope and extends the date of completion of the Municipal Agent Automation Program from June 30, 2005 to July 31, 2005, and by increasing the amount by $999,000 from $4,687,980 to $5,686,980. Effective upon G&C approval.

           DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#94     Authorized to accept and place on file the Bureau of Right-of-Way's Contemplated Award List for the period of October 21, 2004 through November 9, 2004.

#95     Authorized Bureau of Finance and Contracts to pay Small Claims submitted for the period of January, 2005 to March, 2005.

#96     Authorized to enter into an agreement with the City of Dover, NH, to study the use and application of salt brine as a pre-storm treatment alternative in municipal environments, for a total fee of $55,000. Effective upon G&C approval through nine months from the date of Notice to Proceed.

#97     Authorized Bureau of Rail & Transit to enter into a lease agreement for a parcel of land with South Down Boat Club, Laconia, NH, on the State-Owned Concord to Lincoln Railroad Line in Laconia for $5,000 per year for a period of five years and negotiable for an additional five year period, and a one-time administrative fee of $350.

#98     Authorized Bureau of Right-of-Way to quitclaim 0.07 of an acre of State Owned land and apartment building to the City of Berlin.

#99     Authorized to sell a 3,700 square foot parcel of State Owned land and quitclaim whatever interest the State may have in the Old Hampstead Road Highway Easement where is abuts other land of David B Benedict and Dianne M benedict located in the Town of Derry to David B Benedict and Dianne M Benedict for $3,300.

#100                WITHDRAWN - The agency withdrew the request to sell a 1.8 acre parcel of State Owned land to Constance Gauthier for $250,500, which includes an Administrative Fee of $500.

#101     Authorized to quitclaim whatever interest the State of NH may have in a parcel of land located northerly of Indian Rock Road a/k/a NH Route 111 in the Town of Windham to Donald D Wilson and Alan B Wilson.

#102     Authorized to sell a 0.25 of an acre parcel of Sate owned land located in Epsom to the Town of Epsom for $2,800.

#103     Authorized to quitclaim whatever interest the State of NH may have in the Old NH Route 3A Highway Easement that is more than 50 feet easterly of the NH Route 3A center line, as now traveled, in the Town of Bristol to Thomas Ryan and Ellen Ryan where it abuts other land of said Ryan.

#104     Authorized Bureau of Highway Design to enter into an agreement with Clough, Harbour & Associates LLP of Keene, NH, for a time-and-materials fee not to exceed $500,000. Effective upon G&C approval through 36 months from the state of Notice to Proceed.

#105     Authorized Bureau of Human Resources to enter into an agreement with Louis Berger Group, Inc., Manchester, NH, on the basis of a low bid for a total fee of $64,938.40, for technical services to support EEO/affirmative action goals in accordance with Title VI of the Civil Rights Act of 1964. Effective January 1, 2005 or upon G&C approval, whichever is later, through December 31, 2005.

#106     Authorized Bureau of Construction contract with Pike Industries, Inc., Belmont, NH, on the basis of a low bid of $1,543,520, for cold plane and inlay with hot bituminous pavement of a section of the existing I-89 traveled way pavement, beginning at a pavement joint from a previous project on the northbound barrel at mile market 53 and continues north to just south of the Exit 20 median crossover. Effective upon G&C approval through July 29, 2005.

#107     Authorized Bureau of Public Works to enter into a contract with Turnstone Corporation, Milford, NH, for a lump sum price of $954,261 for low bid design/build coastal conservation center at Sandy point, Greenland, NH. (2)Further Authorized the amount of $17,000 be approved for payment to NH Department of Transportation, Bureau of Public Works for engineering services provided. 

#108          TUITION REQUESTS

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, Authorized with Councilor Spaulding voting no on #E, the requests:

A. ADMINISTRATIVE SERVICES - Request permission to pay New England College, Henniker, NH, the sum of $300.00 for the sole purpose of enrolling Kelly Brown, Agency Records Auditor, in the course entitled "Managerial Accounting and Decision Making".

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Rivier College, Nashua, NH, the sum of $1,227.00 for the sole purpose of enrolling Michelle Capozzi, College Counselor, in the course entitled "Perspectives in Cultural Diversity".

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $839.00 for the sole purpose of enrolling Barbara Dunn, Professor, in the course entitled "Pharmacology".

D. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Penn State University, University Park, PA, the sum of $1,511.00 for the sole purpose of enrolling John Marcley, Professor, in the on-line course entitled "Research and Evaluation in Distance Education".

E. EDUCATION - Request permission to pay the University of Arkansas, Little Rock, AK, the sum of $2,880.00 for the sole purpose of enrolling Elizabeth Durant, Vocational Rehabilitation Supervisor, in the Internet course entitled "Internship in Rehabilitation Counseling".

F. NH LOTTERY - Request permission to pay NH Technical Institute, Concord, NH, the sum of $474.00 for the sole purpose of enrolling Margaret Anderson, Accounting Technician, in the course entitled "Accounting II".

G. TRANSPORTATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling David Chandler, Chief of Labor Compliance, in the courses entitled "Principals of Management" and "Financial Accounting".

H. TRANSPORTATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $699.00 for the sole purpose of enrolling Donald Lasell, Project Manager, in the on-line course entitled "Short Term Financial Management".

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler, voted to remove item #42 - which was tabled at the November 10, 2004 Meeting.

           EMPLOYMENT SECURITY

#42          The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton voted to approve the request to enter into a service agreement with Imperial Painting for painting and wallpapering services at NHES's offices located throughout the central and southern area of NH, in the amount of $20,000. Effective upon G&C approval through June 30, 2005. 100% Federal Funds. 

LATE ITEMS

DEPARTMENT OF SAFETY

A.       Authorized to designate the new Division of Motor Vehicles building on Hazen Drive in Concord as the "Governor Stephen H. Merrill Motor Vehicle Building."

DEPARTMENT OF ADMINISTRATIVE SERVICES

B.       Authorized to enter into a contract agreement with Fiber Technologies Networks LLC of Rochester, NY for leased dark fiber optic cable. Term of contract shall be 66 months beginning with GC approval and ending on April 30, 2010. Total project cost not to exceed $260,000.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

C.       Authorized the Department of Health and Human Services to name the new facility being constructed at the Youth Development Center, North River Road, NH as the "Governor John H. Sununu Youth Services Center."

D.       Authorized the New Hampshire Department of Health and Human Services, Division of Family Assistance to enter into an agreement with the New Hampshire Department of Education (NHDOE), Division of Adult Learning and Rehabilitation through inter-governmental transactions, in the amount of $133,259.00 to provide employment and training services to economically disadvantaged youth from December 1, 2004 or date of Council approval whichever is later, through June 30, 2005.

E.       Authorized with Councilor Spaulding voting no, the New Hampshire Department of Health and Human Services, Office of Medicaid Business and Policy to enter into an agreement with Fox Systems Inc., Scottsdale, AZ to provide quality assurance services for the Medicaid Management Information System in the amount of $2,977,955.00 from December 1, 2004 or Council approval, whichever is later, though June 30, 2007.

F.       Authorized the Division of Family Assistance to enter into a sole source contract with the University System of New Hampshire, Durham, NH in the amount of $744,255.46 effective retroactive to October 1, 2004, through September 30, 2005 to provide nutrition education programs.

DEPARTMENT OF STATE

G. Authorized to accept and place on file the return of votes cast at the biennial election held on November 2, 2004 in the several town and wards of the State for Presidential Electors, United States Senator, Representatives in Congress from the First and Second Districts and the proposed amendment the New Hampshire Constitution.

Next Governor and Executive Council meeting is scheduled for Wednesday, December 15, 2004 at 10:00 a.m. at The State House, Concord, NH.

The Honorable Board then Adjourned

 

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