GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

January 14, 2009, 10:00 a.m.

 

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

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The Governor and Executive Council on motion of Councilor Shea, seconded by Councilor Wieczorek, accepted the minutes of January 8, 2009.

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

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RESIGNATIONS

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

 

Adjutant General

Kenneth R. Clark, Stratham                                                                             Effective:  March 7, 2009

 

Alcohol and Other Drug Abuse Professionals

David Pierce, Etna                                                                                               Effective:  January 14, 2009

(Public Member)

 

Commission on the Status of Men

Scott Garman, Rochester                                                                                   Effective:  January 14, 2009

 

Public Water Access Advisory Board

Richard D. Smith, Hancock                                                                              Effective:  January 14, 2009

(Fishing)

 

New Hampshire Supreme Court

Associate Justice

Richard E. Galway, Manchester                                                                       Effective:  February 1, 2009

 

Commission on the Status of Women

Pamela B. Remick, Lancaster                                                                          Effective:  January 14, 2009

 

NOMINATIONS

The Governor placed into nomination the following:

 

Board of Licensing for Alcohol and Other Drug Use Professionals

(Licensed Clinical Supervisor)

Jacqueline H. Abikoff, Gilford                                                                          Effective:  Upon confirmation

Succeeding:  Robert O. Kelley, Jr., Lee (term limited)                                  Term:  January 28, 2012

 

Cannon Mountain Advisory Council

Dennis E. Murphy Jr., Center Harbor                                                              Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 1, 2012

 

State Board of Education

(District 4)

Stephen R. L’Heureux, Hooksett                                                                     Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 31, 2013

 

State Board of Education

(District 2)

Thomas Raffio, Bow                                                                                          Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 31, 2013

 

Equalization Standards Board

(Experienced with Equalization Process)

John W. McSorley, Nottingham                                                                       Effective:  Upon confirmation

Succeeding:  Joyce M. Fulweiler, Northfield                                                   Term:  October 10, 2009

 

Health Services Planning and Review Board

(Consumer)

Joseph M. Miller, Durham                                                                                 Effective:  Upon confirmation

Succeeding:  Katherine W. Wheeler, Durham (term limited)                      Term:  December 1, 2011

 

Board of Hearing Care Providers

(Public Member)

A. Hope MacDonald, Wolfeboro                                                                     Effective:  Upon confirmation

Succeeding:  Caroletta C. Alicea, Boscawen                                                 Term:  April 23, 2009

 

Independent Investment Committee, NH Retirement System

Thomas Silvia, Amherst                                                                                     Effective:  Upon confirmation

Vacancy                                                                                                                Term:  Serves at G&C pleasure

 

Motor Vehicle Industry Board

William F. Perry, Swanzey                                                                                 Effective:  Upon confirmation

Succeeding:  Charles Frank Yanko, Manchester                                          Term:  January 9, 2013

 

Occupational Therapy Governing Board

(Licensed Occupational Therapist)

Carol Lewis, Amherst                                                                                         Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 8, 2012

 

Oil Fund Disbursement Board

(Petroleum Refinery)

Thomas J. Frawley, Lyme                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 1, 2012

 

Oil Fund Disbursement Board

(Petroleum Distributor)

James E. Robertson, Spofford                                                                          Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 1, 2012

 

Oil Fund Disbursement Board

(Public Member)

Kevin A. Sheppard, Manchester                                                                      Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 1, 2012

 

Physical Therapy Governing Board

Laurel L. Clute, Lempster                                                                                  Effective:  Upon confirmation

Reappointment                                                                                                    Term:  January 8, 2012

 

Public Water Access Advisory Board

(Fishing)

Ronald R. Poirier, Pembroke                                                                             Effective:  Upon confirmation

Succeeding:  Richard Smith, Hancock (resigned)                                         Term:  October 27, 2010

Real Estate Commission

(Attorney)

David C. Dunn, Manchester                                                                              Effective:  Upon confirmation

Succeeding:  Robert Stephen, Manchester                                                     Term:  September 15, 2013

 

Respiratory Care Practitioners Governing Board

Michael H. W. Quinlan, Bedford                                                                      Effective:  Upon confirmation

Succeeding:  J. Sean Kenneally, Meredith (term limited)                            Term:  January 8, 2012

 

Water Council

Nominated by the Granite State Designers and Installers Association

Bruce A. Barnard, Hebron                                                                                 Effective:  Upon confirmation

Succeeding:  Kenneth A. Bradley Jr., Concord (resigned)                           Term:  June 13, 2010

 

Advisory Council on Worker’s Compensation

(Health Care Provider)

Douglas M. Goumas, Bedford                                                                          Effective:  Upon confirmation

Succeeding:  Gary L. Woods, Bow                                                                   Term:  January 12, 2012

 

 

                                COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

 

#1           Authorized to enter into an agreement with the Town of Belmont, NH, for improvements to the water, drainage, and roadway system of the Pleasant Valley neighborhood in order to bring the systems up to compliance with DES regulations in the amount of $500,000.  Effective upon G&C approval through June 30, 2010.  100% Federal Funds. 

 

#2           Authorized to enter into an agreement with the Town of Derry, NH, for the purpose of assisting Derry Housing and Redevelopment Authority in the renovation of Vintage Grace housing in Derry, NH, in the amount of $100,000.  Effective upon G&C approval through June 30, 2010.  100% Federal Funds. 

 

#3           Authorized to enter into an agreement with the City of Lebanon, NH, for the purpose of constructing a federally rent subsidized sixteen unit housing project, in the amount of $400,000.  Effective upon G&C approval through June 30, 2010.  100% Federal Funds. 

 

                                OFFICE OF ENERGY AND PLANNING

#4           The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to accept and expend federal grant funds in the amount of $40,304 from the US Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement, for the refugee cash and medical program.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds.  Fiscal Committee approved. 

 

                                DEPARTMENT OF INFORMATION TECHNOLOGY

#5           The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Hollingworth and with Councilor Pignatelli voting no, authorized the request to enter into retroactive high-speed internet agreements with multiple Digital Subscriber Line and cable internet providers in the State of NH for an amount not to exceed $174,548.  Effective January 1, 2009 through June 30, 2010.  100% Other (Agency class 27: approximately 3.5% GF; 96.5% Highway Funds from class 027) funds: the Agency Class 27 funds used by DOT are 100% Highway Funds and the Agency Class 27 funds used by DRED are 100% General Funds. 

 

                                OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

 

#6           Authorized to enter into a memorandum of agreement with the Department of Fish and Game to perform Habitat Management and Monitoring of the Concord Municipal Airport Conservation Zones in the amount of $177,860.  Effective upon G&C approval through March 31, 2011.  100% Federal Funds. 

 

#7           Authorized confirmation of Major John G. Newhall, North Berwick, ME, for promotion to the rank of Lieutenant Colonel, NH Air National Guard.

 

#8           Authorized confirmation of James P. Challender, Bow, NH, to the rank of Lieutenant Colonel, NH Army National Guard. 

 

#9           Authorized confirmation of Frederick B. Harris, Potomac, MD, to the rank of Lieutenant Colonel, NH Army National Guard. 

 

#10         Authorized to accept and expend monetary contributions in the amount of $270 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.  Donations received during the period of July 25, 2008 through August 26, 2008. 

 

#11         Authorized to accept donations of computer services, monument engraving, computer hard drives and New England Cemetery Association membership in the amount of $3,523.83 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.

 

#11A      Authorized to accept and place on file the report that the NH National Guard has gone through a process called transformation, which includes a major change in the way that the Army trains its soldiers and diversifies its missions.  Included in this transformation is the closure of some of our state armories.  These properties were deeded to the state on the express condition that when they are no longer used for military purposes, ownership of the property would revert back to the grantor towns.  The Dover Armory is one of these facilities.  Informational Item. 

 

                                DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

 

#12         Authorized with Councilor Pignatelli voting no, Surplus Distribution Section to retroactively amend a contract with Community Action Program Belknap-Merrimack Counties Inc., Concord, NH, to continue the coordination and distribution of the statewide surplus Emergency Food Assistance Program in an amount not to exceed $434,025.  Effective January 1, 2009 through February 28, 2009.  100% Federal Funds. 

 

#13         WITHDRAWN – The Agency withdrew the request for the Surplus Distribution Section to enter into a service contract with the NH Catholic Charities d/b/a the NH Food Bank, Manchester, NH, to coordinate and provide statewide surplus food distribution for the Emergency Food Assistance Program in an amount not to exceed $522,000.  Effective March 1, 2009 through July 31, 2011.  100% Federal Funds. 

 

#14         Authorized to enter into a contract with Brookstone Builders, Manchester, NH, for renovations to the third floor women’s restroom in the State House for an amount not to exceed $69,874.  (2)Further Authorized a contingency in the amount of $10,481 for unanticipated expenses related to the renovations bringing the total of $80,355.  Effective upon G&C approval through April 14, 2009.  11% General, 89% Capital (General ) Funds. 

 

#15         Authorized Bureau of Court Facilities to enter into a retroactive lease agreement with the Town of Merrimack, NH, for office and courtroom space in an amount not to exceed $34,094.13.  Effective July 1, 2008 through June 30, 2009.  100% Transfer Funds – Transfer from AOC – Rents from other Agencies – General Funds. 

 

#16         WITHDRAWN – The Agency withdrew the request for the Bureau of Public Works Design and Construction to enter into a contract with TLT Construction Corp., Wakefield, MA, for the construction of the new Merrimack Courthouse for an amount not to exceed $4,275,200.  (2)Further authorized a contingency in the amount of $313,760 for unanticipated expenses for the Merrimack Courthouse, bringing the total to $4,588,960.  (3)Further Authorized a transfer of $21,376 to the State Art Fund, Department of Cultural Resources to purchase art for the Merrimack Courthouse.  Effective upon G&C approval through January 8, 2010.  100% Capital (General) Funds.

 

#17         Authorized Bureau of Public Works Design and Construction to enter into a contract with DEC-TAM Corporation, North Reading, MA, for asbestos and lead paint abatement for an price not to exceed $274,729.60.  (2)Further Authorized a contingency in the amount of $41,210 for unanticipated expense, bringing the total to $315,939.60.  Effective upon G&C approval through February 28, 2009.  100% Capital (General) Funds. 

 

#17A      Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditures for the Month of January 2009.  (2)Further Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditure for the Month of February 2009.  (3)Further Authorized a Working Capital Warrant in the amount of $500,000,000 to cover expenditures for the Month of March 2009.

 

                                TREASURY DEPARTMENT

#18         The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $139,410.85 to the rightful owners of abandoned or unclaimed funds.

 

                                DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

 

#19         Authorized Division of Arts to award an FY 2009 American Masterpieces Grant in the amount of $3,100 to Mountain Top Music Center, Conway.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds. 

 

#20         Authorized Division of the Arts to award a FY 2009, Arts in Education grant in the amount of $7,360 to Northern Stage Company, White River Junction, VT.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds. 

 

                                DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

The Governor and Council acted as follows:

 

#21         Authorized to amend an agricultural preservation restriction on land in the towns of Boscawen and Salisbury.  Effective upon G&C approval. 

 

#22         Authorized Division of Pesticide Control to accept and expend additional grant fund revenues from the US Environmental Protection Agency to be utilized for the Pesticides Program within the Division of Pesticide Control in the amount of $53,897.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds.  Fiscal Committee approved. 

 

#22A      Authorized Division of Animal Industry to amend a retroactive cooperative agreement for the Animal Health Monitoring and Surveillance Program, (previously approved by G&C on 7-16-08, item #35A),  in the amount of $9,000 by extending the completion date to March 31, 2009 from December 31, 2008.  100% Federal Funds. 

 

#22B      Authorized Division of Animal Industry to amend a retroactive cooperative agreement for the Scrapie Disease Surveillance and Flock Certification, (previously approved by G&C on 7-16-08, item #28),  in the amount of $3,000 by extending the completion date to September 30, 2009 from December 31, 2008.  100% Federal Funds. 

 

#22C      Authorized Division of Animal Industry to amend a retroactive cooperative agreement for the Highly Pathogenic Avian Influenza Surveillance Cooperative Agreement Award, (previously approved by G&C on 7-16-08, item #26),  in the amount of $15,000 by extending the completion date to March 31, 2009 from December 31, 2008.  100% Federal Funds. 

 

                                ATTORNEY GENERAL

The Governor and Council acted as follows:

 

#23         Authorized to retroactively amend the sub-grants to the NH Department of Safety, Division of State Police, and to the Office of the Chief Medical Examiner (previously approved by G&C on 10-31-07, item #53A), used to support forensic services in NH, by extending the end date from September 30, 2008 to June 30, 2009.  (2)Further Authorized to retroactively amend the sub-grants to the NH Department of Safety, Division of State Police, and to the Office of the Chief Medical Examiner (previously approved by G&C on 11-28-07, item #45), used to support forensic services in NH, by extending the end date from September 30, 2008 to June 30, 2009.    Effective upon G&C approval.  100% Federal Funds. 

 

#24         Authorized to reappoint M. Kristin Spath as an Associate Attorney General, at a salary level of $96,088.72.  Ms. Spath will be occupying a position with a five year term effective February 3, 2009 through February 3, 2014. 

 

#25         TABLED – The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Shea voted to table the petition of Wayne Allen Robbins requesting a pardon hearing for the offenses of Utterance Bad Checks, Forgery and Assault by Prisoner in Merrimack County.  The Petitioner is eligible for annulment, however, prefers seeking a pardon.

 

#25A      DENIED – The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Hollingworth voted to deny the petition of Bruce B. Manoughian requesting a pardon hearing for the offense of DWI Subsequent.  The petitioner is not eligible for an annulment until July 10, 2011.

 

                                NEW HAMPSHIRE EMPLOYMENT SECURITY

The Governor and Council acted as follows:

 

#26         Authorized to enter into a contract with James Lanove d/b/a Jungle Jims, Epsom, NH, for snow plowing and removal services at NHES’s Local and Administrative Offices, Manchester, NH, in the amount not to exceed $31,950.  Effective upon G&C approval through June 30, 2011.  100% Federal Funds. 

 

#27         Authorized to enter into a contract with Raymond’s Landscaping, LLC, Boscawen, NH, for snow plowing and removal services at NHES’s Local and Administrative Offices, Concord, NH, in the amount not to exceed $41,100.  Effective upon G&C approval through June 30, 2011.  100% Federal Funds. 

 

                                NEW HAMPSHIRE BANKING DEPARTMENT

#28         The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to enter into a grant agreement with the NH Housing Finance Authority in an amount not to exceed $900,000 to provide assistance to either first time home buyers or homeowners wishing to refinance their residential mortgage.  Effective upon G&C approval through June 30, 2011.  100% Assessment Fees. 

 

                                DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

 

#29         Authorized Division of Parks and Recreation to make a retroactive payment to Fairpoint New England, Charlotte, NC, in the amount of $330.28 for telephone services at Miller State Park during the period of April – October 2005.  100% Park Funds. 

 

#30         Authorized Division of Forests and Lands to accept and expend $76,267 of federal funds from the US Environmental Protection Agency to be used to enhance protection of NH wetlands.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds.  Fiscal Committee approved. 

 

#31         Authorized Division of Forests and Lands to accept a Federal grant up to $2,351,000 and assign it directly to The Nature Conservancy to pay the purchase price for acquisition of a Conservation Easement on 801 +/- acres in the Towns of Madison, Ossipee and Freedom, Carroll County, NH, known as the Ossipee Pine Barrens (the project).  (2)Further Authorized to accept the 801 +/- acre Conservation Easement, and enter into a Snowmobile Agreement, to protect natural resource values and insure continued access to the property.  (3)Further Authorized to reimburse The Nature Conservancy for the cost of appraisal and title policy, not to exceed $5,000 for the property on which the Conservation Easement will be acquired.  Fiscal Committee approved. 

 

                                NEW HAMPSHIRE FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

 

#32         Authorized to enter into a Cooperative Project agreement with the University of NH, to conduct genetic analysis of harvested bear hair samples, in support of comprehensive bear management efforts in NH, in the amount of $2,875.  Effective upon G&C approval through April 30, 2009.  100% Other (Game Management) Funds. 

 

#33         Authorized to enter into a contract with the University of Wisconsin Veterinary Diagnostic Laboratory, Madison, WI, to perform immunohistochemical testing of obex or retropharyngeal lymph node tissue from free-ranging cervids, including white-tailed deer or moose, for the presence of chronic wasting disease.  Approximately 400 samples will be submitted for testing annually at a cost not to exceed $21,000.  Effective upon G&C approval through June 30, 2010.  100% Wildlife Management Funds. 

 

#34         Authorized to retroactively amend a contract with the State of Maine, Department of Marine Resources (previously amended by G&C on 8-22-07, item #122), for the purpose of completing the monitoring and research on rainbow smelt by extending the completion date to November 30, 2009 from November 30, 2008. 

 

                                DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

 

#35         Authorized with Councilor Burton voting no, to establish an Environmentalist IV position, labor grade 27.  Effective upon G&C approval through June 30, 2009.  (2)Further Authorized to accept and expend $99,200 in Federal funds from the US Environmental Protection Agency for purposes of funding the development of an Innovative Land Development Technical Assistance and Coordinated Permitting Project.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds.  Fiscal Committee approved. 

 

#36         Authorized to retroactively amend an Environmentalist IV position (previously amended by G&C on 4-9-08, item #42), from September 30, 2008 to June 30, 2009.    100% Federal Funds.  (2)Further Authorized to accept and expend $101,433 in federal flow through funds from the Department of Safety, Division of Homeland Security and Emergency Management to develop a fluvial erosion hazard program within DES.  Effective upon G&C approval through June 30, 2009.  Fiscal Committee approved. 

 

#37         Authorized to establish an Environmental IV position in the Wetlands Bureau.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds.  (2)Further Authorized to accept and expend $68,000 in federal flow through funds from DOT to provide for an Environmentalist IV during the construction of the widening of Interstate 93.  Effective upon G&C approval through June 30, 2009.  (3)Further Authorized to enter into a memorandum of agreement with DOT to provide funding for the establishment of an Environmentalist IV position for the Interstate 93 expansion project.  Effective upon G&C approval through June 30, 2012.  Fiscal Committee approved. 

 

#38         Authorized to pay retroactive salary to Spruce Wheelock of $775.24 for FY 2008 for the period of December 28, 2007 to June 5, 2008.  Effective upon G&C approval.  100% Oil Fund Board Funds. 

 

#39         Authorized to amend a memorandum of agreement with the Fish and Game Department (previously amended by G&C on 10-3-07, item #40), to complete the reconstruction of Big Brook Bog Dam in Pittsburg, by extending the completion date from June 30, 2009 to June 30, 2010.  100% Other Funds. 

 

#40         Authorized to expend an amount not to exceed $20,640 from Dam Maintenance Fund, for repair of a flow control gate at the Souhegan Flood Control Site Dam #26 in Temple.  Effective upon G&C approval through June 30, 2009.  100% Other Funds. 

 

#41         Authorized to accept and expend additional funds from Water Users in the amount of $15,000.  Effective upon G&C approval through June 30, 2009.  100% Piscataquog Project Funds. 

 

#42         Authorized to amend a contract with Weston Solutions Inc., Manchester, NH (previously amended on 7-16-08, item #54), to cover additional cleanup activities at the OK Tool/Savage Well Superfund Site in Milford, NH, by increasing the amount by $74,860 from $1,343,229 to $1,418,089.  90% Federal, 10% Capital Funds – General Funds. 

 

#43         Authorized to approve an Original Loan with North Conway Water Precinct, to finance water system improvements in the amount of $2,060,000.  Effective upon G&C approval.  79% Federal, 21% Capital Funds – General Funds. 

 

#44         Authorized a Supplemental Loan agreement with the Town of Newport, which lowers the Original Loan Agreement by $104,638.50 from $545,000 to $440,361.50.  This finalizes the loan amount used to finance the Guild Pumping Station Upgrade Project.  Effective upon G&C approval.  100% Loan Repayment Funds. 

 

#45         Authorized a Supplemental Loan Agreement with the City of Claremont, which lowers the Original Loan Agreement by $7,481,739.06 from $7,590,000 to $108,260.94.  This finalizes the loan amount used to finance the Collection System Improvements Project.  Effective upon G&C approval.  100% Loan Repayment Funds. 

 

#46         Authorized to enter into an agreement with W. F. Richards & Son Inc., Meredith, NH, for as-needed earthwork repair services for Winnipesaukee River Basin Program infrastructure in the amount of $22,484.  Effective upon G&C approval through December 31, 2010.  100% WRBP Funds. 

 

#47         Authorized to enter into a memorandum of agreement with the City of Manchester, NH, to remove the Maxwell Pond Dam in Manchester in the amount of $188,000.  Effective upon G&C approval through December 31, 2009.  100% Dam Maintenance Funds. 

 

#48         Authorized to amend a contract with O’Brien Oil Pollution Service Inc., (previously approved by G&C on 8-22-07, item #158), for oil spill protection strategy development and testing for the Great bay Estuary, by extending the completion date to August 31, 2009 from August 31, 2008.  100% Oil Pollution Control Funds. 

 

#49         Authorized to award a grant to the Gundalow Company, Portsmouth, NH, to conduct an on-board environmental education series at locations in the Seacoast Region in the amount of $20,000.  Effective upon G&C approval through December 31, 2009.  100% Federal Funds. 

 

#50         Authorized to award a grant to the Blue Ocean Society for Marine Conservation Inc., Portsmouth, NH, to conduct marine debris monitoring, reduction and education in the NH seacoast in the amount of $29,822.  Effective upon G&C approval through December 31, 2009.  100% Federal Funds. 

 

#51         Authorized Raymond A. Skinner’s request to construct a piling supported dock connected to a piling supported dock connected by a walkway in a “U” shaped configuration on property that has an existing seasonal dock on frontage on Lake Winnipesaukee in Tuftonboro.

 

#52         Authorized Donna Johnson Revocable Trust’s request to amend the permit to perform work on 135 ft of frontage on Lake Winnipesaukee in Gilford (previously approved by G&C on 8-13-08, item #96). 

 

                                DEPARTMENT OF CORRECTIONS

#52A      The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to pay $1,630,000 in overtime for permanent personnel services out of the Salary Adjustment Fund.  100% General Funds. 

 

                                DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

 

#53         Authorized to accept and expend Other Funds in the amount of $40,166.26.  Effective upon G&C approval through June 30, 2009.  Fiscal Committee approved. 

 

                                Bureau of Human Resource Management

#54         Authorized to make a one-time payment from State Fiscal Year 2009 funds to Dominique Dionne, Supervisory III, Office of the Commissioner in the amount of $406.30 for wages that were not paid for State Fiscal Year 2008.  50% General, 50% Federal Funds. 

 

#55         Authorized to make a one-time payment from State Fiscal Year 2009 funds to Jane Iarussi, Program Planning & Review Specialist, Developmental Services in the amount of $3,218.25 for wages that were not paid for State Fiscal Years 2006, 2007 & 2008.  100% General Funds. 

 

#56         Authorized to make a one-time payment from State Fiscal Year 2009 funds to Melody Williams, License Clerk, Board of Nursing in the amount of $150.65 for wages that were not paid for State Fiscal Year 2008. 100% General Funds. 

 

#57         Authorized to make a one-time payment from State Fiscal Year 2009 funds to Beth Sedita, Child Support Officer, Office of the Commissioner in the amount of $1,215.45 for wages that were not paid for State Fiscal Year 2008.  66% Federal, 28.5% General, 5.5% Other (Incentive) Funds. 

 

                                Bureau of Facilities and Assets Management

#58         Authorized to enter into a lease renewal with 40 Terrill Park Drive LLC, c/o CPManagement Inc., Exeter, NH, in the amount of $2,528,606.16.  Effective February 1, 2009 through January 31, 2014.  60% General, 40% Federal Funds. 

 

                                Bureau of Elderly & Adult Services

#59         Authorized to award a sole source grant to the NH Association of Counties Inc., Concord, NH, acting as fiscal agent for the counties, for the purpose of studying the current NH Medicaid nursing facility payment and financing system in order to identify and develop options to the current mechanisms of the system and provide report on the outcomes of the study in the amount of $12,000.  (2)Further Authorized an advance payment in the amount of $9,000.  Effective upon G&C approval through June 30, 2009.  100% General Funds. 

 

                                Division of Juvenile Justice Services

#60         TABLED – The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Shea voted to table the request to reclassify position #11662 Youth Development Center Operations Officer I, salary grade 20, to Supervisory III, salary grade 23.  85% General, 15% Other (School District) Funds. 

 

#61         Authorized to enter into an agreement with Reverend R. Raymond Gauthier Jr., Boscawen, NH, to provide spiritual services as a Chaplain Assistant at the Sununu Youth Services Center in an amount not to exceed $15,000.  Effective upon G&C approval through September 30, 2009.  100% Federal Funds. 

 

                                Bureau of Homeless and Housing Services

#62         Authorized to enter into an agreement with Merrimack Valley Assistance Program, Concord, NH, to provide supportive services, long term rental assistance and short term assistance to homeless, low income and very low income individuals who have HIV/AIDS and their families, in an amount not to exceed $940,530.  Effective March 1, 2009 or upon G&C approval, whichever is later, through February 29, 2012.  100% Federal Funds. 

 

                                Division of Child Support Services

#63         Authorized to amend an agreement with ACS State and Local Solutions Inc., Washington, DC (previously approved by G&C on 1-11-06, item #52), for State Disbursement Unit Services, by increasing the amount by $2,832,250.20 from $3,921,577.04 to $6,753,827.24, and by extending the completion date of April 30, 2009 to June 30, 2011.  66% Federal, 34% General Funds. 

 

                                Bureau of Behavioral Health

#64         Authorized to pay the National Association of State Mental Health program Directors, Alexandria, VA, the amount of $8,551 in annual membership dues.  Effective retroactive to July 1, 2008 through June 30, 2009.  100% General Funds. 

 

                                Disability Determination Unit

#65         Authorized to enter into an agreement with Arthur J. Walsh, MD, Fellow of the American College of Surgeons, Pembroke, NH, to function as a Medical Disability Determination Reviewer in an amount not to exceed $18,000.  Effective upon G&C approval through June 30, 2009.  50% Federal, 50% General Funds. 

 

                                Division of Public Health Services

#66         Authorized Bureau of Prevention Services, Nutrition & Health Promotion Section to accept and expend federal funds in the amount of $380,847 from the Centers for Disease Control and Prevention to fund the Obesity Prevention Program.  Effective upon G&C approval through June 30, 2009.  (2)Further Authorized to establish four full-time temporary positions utilizing funds from the Centers for Disease Control and Prevention, Nutrition, Physical Activity and Obesity Program Cooperative Agreement.

 

#67         Authorized Bureau of Community Health Services, Childhood Lead Poisoning Prevention Program to reclassify position #42938 Program Specialist III, salary grade 23 to Program Assistant, salary grade 12.  55% Federal, 45% General Funds. 

 

#68         Authorized Bureau of Disease Control to accept and expend other funds in the amount of $41,798 from the National Center for Health Statistics to fund the transmission of death data, including fact of death and basic demographic information.  (2)Further Authorized to enter into a memorandum of agreement with the Department of State, Division of Vital Records Administration to collaborate in Advancing Strategies to Improve Influenza Surveillance, Pneumonia and Influenza Mortality Reporting Pilot Project in an amount not to exceed $41,798.  Effective upon G&C approval through June 30, 2009.  100% Other Funds. 

 

#69         Authorized Bureau of Prevention Services, Alcohol, Tobacco and Other Drug Prevention Section to make a retroactive one-time payment from State Fiscal Year 2009 funds in the amount of $364.56 to reimburse volunteers for travel expenses incurred performing federally mandated Synar tobacco retailer compliance checks in SFY 2008.  100% Other (Drug Forfeiture) Funds. 

 

#70         Authorized Bureau of Community Health Services, Maternal and Child Health Section, Prenatal Program to renew a contract with Good Beginnings of Sullivan County, Claremont, NH, (previously approved by G&C on 5-16-07, item #98), to provide prenatal services, by increasing the price by $57,600 from $57,600 to $115,200, and by extending the end date to June 30, 2011.  Effective upon G&C approval.  52% General, 48% Federal Funds. 

 

#71         Authorized Bureau of Community Health Services, Maternal and Child Health Section, Childhood Lead Poisoning Prevention Program to amend an agreement with the National Center for Healthy Housing Inc., Columbia, MD (previously approved by G&C on 3-26-08, item #68), to provide additional time to develop and produce a plan for the NH Healthy Homes Project, by extending the completion date to December 31, 2008.  Effective retroactive to October 1, 2008.  52% General, 48% Federal Funds. 

 

#72         Authorized Bureau of Prevention Services, Alcohol, Tobacco, and Other Drug Prevention Section to retroactively renew a contract with The HUB Family Support Center, Dover, NH, (previously approved by G&C on 6-13-07, item #278), to provide substance abuse prevention services, by increasing the price by $31,814 from $31,814 to $63,628, and by extending the end date to June 30, 2009.  Effective upon G&C approval.  100% Federal Funds. 

 

#73         Authorized Bureau of Community Health Services, Maternal and Child Health Section to renew a contract with Good Beginnings of Sullivan County, Claremont, NH, (previously approved by G&C on 5-16-07, item #101), to provide home visiting services, by increasing the price by $60,704 from $60,704 to $121,408, and by extending the end date to June 30, 2011.  Effective upon G&C approval.  100% Federal Funds. 

 

                                New Hampshire Hospital

#74         Authorized to enter into a sole source agreement with Carrier Commercial Service, Greenland, NH, to perform teardown and valve rebuild on the 300-ton Carrier chiller used in the air conditioning service at NHH in the amount of $34,750.  Effective upon G&C approval through March 31, 2009.  69% General, 30% Federal, 1% Other (Transfers from other agency) Funds. 

 

#75         Authorized to accept nonmonetary donations from NH Hospital Association, Foundation for Healthy Communities to support NHH’s emergency preparedness.  (2)Further Authorized to accept and expend other funds of $15,000 from NH Hospital Association, Foundation for Healthy Communities to fund NHH emergency preparedness and the SFY 2008 balance forward of the same said funds $3,816.61.  Effective upon G&C approval through June 30, 2009. 

 

                                BOARD OF PHARMACY

#76         The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea and with Councilor Wieczorek voting no, authorized the request to reclassify position #14338 Administrative Assistant I, salary grade 16 to Business Administrator I, salary grade 21.

 

                                POSTSECONDARY EDUCATION COMMISSION

The Governor and Council acted as follows:

 

#77         Authorized to award a $10,000 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.  Effective upon G&C approval through June 30, 2009.  100% General Funds.  

 

#78         Authorized to enter into a sole source contract with University System of NH, Lee, NH, to expand the Get Ready NH program in the amount of $18,440.  Effective upon G&C approval through August 13, 2009.  100% Federal Funds. 

 

#79         Authorized to enter into a sole source contract with Granite State Management & Resources, Concord, NH, to improve access to college planning and admissions information for students, parents and education professionals, assist North Country students with the financial aid process and increase the number of North Country students enrolling in postsecondary education in the amount of $52,093.  Effective upon G&C approval through August 13, 2009.  100% Federal Funds. 

 

#80         Authorized to enter into a sole source contract with Campus Compact of NH, Concord, NH, to increase college access partnerships, college aspirations and access, and promote college as an option for students at risk of not enrolling in postsecondary education in the amount of $27,660.  Effective upon G&C approval through August 13, 2009.  100% Federal Funds. 

 

#81         Authorized to enter into a sole source contract with NH College and University Council, Concord, NH, to promote student participation in an rigorous high school curriculum to enhance preparation for college, to enhance the quality and number of tools available for schools to encourage postsecondary education, and to expand professional development opportunities for middle and high school guidance personnel regarding academic rigor and areas relating to rigor to enhance college-going rates, in the amount of $138,300.  Effective upon G&C approval through August 13, 2009.  100% Federal Funds. 

 

                                DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

 

#82         Authorized to enter into a sole source contract with the NH Coalition for Citizens with Disabilities Inc., d/b/a Parent Information Center, Concord, NH, to strengthen the partnership between schools and families through high quality professional development and materials in the areas of literacy, behavior and secondary transition services and supports for youth with disabilities and their families in an amount not to exceed $22,008. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the grant.   Effective upon G&C approval through June 30, 2010 with the option to renew for up to three additional fiscal years.  100% Federal Funds. 

 

#83         Authorized to grant funds to Strafford County Department of Corrections to assist in the operation of their approved career and technical education programs for male offenders in the amount of $19,530.  Effective upon G&C approval through November 30, 2009.  100% Federal Funds. 

 

#84         Authorized to grant funds to Strafford County Department of Corrections to assist in the operation of their approved career and technical education programs for female offenders in the amount of $17,864.  Effective upon G&C approval through November 30, 2009.  100% Federal Funds. 

 

#85         Authorized to renew a contract with NH Project Learning Tree, Concord, NH (previously amended by G&C on 6-4-08, item #174), to continue Phase II of the Building Science Literacy in Grades K-8 project to improve the content knowledge of NH science teachers and to improve science instruction and learning, in an amount not to exceed $119,000. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the grant.   Effective upon G&C approval through December 31, 2009 with the option to renew for up to one additional fiscal year.  100% Federal Funds. 

 

#86         Authorized Services for the Blind and Visually Impaired to enter into an agreement with NH Department of Transportation for vending services at the Seabrook Welcome Center facility on Interstate 95 for a period of two years.  100% Vending Revolving Funds. 

 

                                NEW HAMPSHIRE LOTTERY

#87         The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea and with Councilor Wieczorek voting no, authorized the request to reclassify position #16637 Accountant III, labor grade 21 ($48,769.50) to Human Resource Coordinator II, labor grade 23 ($50,914.50).  100% Lottery Funds. 

 

                                DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

 

#88         Authorized Division of Fire Standards & Training and Emergency Medical Services to enter into a sole source contract with Interstate Emergency Unit Fire Mutual Aid, Stratham, NH, to provide one Firefighter certification course in Rockingham County in an amount not to exceed $39,360.  Effective upon G&C approval through June 30, 2009.  100% Fire and EMS Funds. 

 

#89         Authorized Division of Motor Vehicles to retroactively pay an invoice from the American Association of Motor Vehicles, Arlington, VA, in the amount of $6,331 for annual membership dues.  Effective upon G&C approval.  100% Highway Funds. 

 

#90         Authorized Division of Homeland Security and Emergency Management to enter into a sole source grant agreement with Community Action Program Belknap-Merrimack Counties Inc., for recovery activities associated with the July 2008 Tornado, in the amount of $25,000.  Effective upon G&C approval through September 30, 2009.  100% Federal Funds. 

 

#91         Authorized Division of Safety Services to retroactively pay annual membership dues of $6,000 to the National Association of State Boating Law Administration Inc., Lexington, KY.  Effective October 1, 2008 through September 30, 2009.  100% Federal Funds. 

 

#91A      Authorized Division of Motor Vehicles to enter into a retroactive lease agreement with Mareld Company, Nashua, NH, to lease office space at the Harris Pond Office Park in an amount not to exceed $76,762.44.  Effective January 1, 2009 through December 31, 2011.  100% Highway Funds. 

 

                                DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

 

#92         TABLED – The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Hollingworth voted to table the request to accept and place on file the Monthly Equipment Acquisition Plan status report for the period ending November 30, 2008. 

 

#93         Authorized Bureau of Highway Design to retroactively amend a contract with Clough Harbour & Associates LLP, Keene, NH, (previously approved by G&C on 3-22-00, item #159), for the preliminary design for the replacement of the Sewalls Falls Road bridge in the City of Concord, by extending the completion date from December 31, 2008 to December 31, 2009.

 

#94         Authorized Bureau of Right of Way to sell a 1.99 acre parcel in Windham to Abaco Development LLC for $235,000 plus a $1,100 Administrative Fee.  (2)Further Authorized to compensate Prudential Verani Realty from the proceeds of the subject sale in the amount of $14,100 for real estate services.  Effective upon G&C approval.

 

#95         Authorized Bureau of Right of Way petition for a hearing on the reconstruction and widening of a segment of US 3/NH 28 and drainage improvements to Dalton Brook in the Town of Hooksett, NH, with a suggested budget of $3,240.

 

#96         Authorized Bureau of Right of Way to quitclaim whatever interest the State of NH may have in the Old NH Route 28 Highway Easement that lies westerly of the westerly Right of Way limit of NH Route 28, as now travelled, in the Town of Epsom to Pathfinders Academy where it abuts other land of said Pathfinders Academy, for a $1,100 Administrative Fee.  Effective upon G&C approval.  100% Unrestricted Highway Funds. 

 

#97         Authorized to accept and place on file the Bureau of Right of Way Contemplated Award List for amounts less than $5,000, for a sum total of $64,091.52, for the period extending from July 1, 2008 through September 30, 2008.

 

#98         Authorized Bureau of Right of Way to retroactively amend an agreement with the Adjutant General’s Department, for the purpose of providing additional equipment storage space at Stickney Ave, Concord, NH, by increasing the amount from $48,000 to $58,950.03.  Effective upon G&C approval through June 30, 2009.  100% Federal Funds. 

 

#99         Authorized Bureau of Right of Way to pay various owners $825,000 as documented in the Contemplated Awards List for Amounts greater than $5,000 for the period extending from November 27, 2008 through December 29, 2008.  Effective upon G&C approval. 

 

#100       Authorized Bureau of Right of Way to quitclaim whatever interest the State of NH may have in the Old NH Route 153 Highway Easement that lies westerly of a line forty feet westerly of and parallel with NH Route 153 centerline, as now travelled, in the Town of Wakefield to Clifford Bardsley and Michele D. Bardsley, where it abuts other land of said Bardsley, for a $1,100 Administrative Fee.  Effective upon G&C approval. 

 

#101       Authorized Bureau of Right of Way to quitclaim to the City of Manchester, the Department’s interest in a 2,300 foot section of relocated Allard Drive, located in Manchester, which was acquired by the Department as part of the Manchester 10622-A project, with the understanding that once this roadway was reconstructed and completed it would be turned over to the City of Manchester as a Class V Highway. 

 

#102       Authorized Bureau of Right of Way to quitclaim to the Town of Salem, approximately 1,000 square feet of Raymond Avenue and additional right of way acquired for South Policy Street, which were acquired as part of the Salem-Manchester 10418-C project, with the understanding that once the construction was completed they would be turned over to the Town of Salem as Class V Highways.

 

#103       Authorized Bureau of Right of Way to sell a 3,900 square foot parcel of State owned land in Gorham to Laconia Savings Bank for $21,100 which includes a $1,100 Administrative Fee.  Effective upon G&C approval.

 

#104       Authorized Bureau of Materials & Research to execute three sole source Cooperative Project Agreements with the UNH Office of Sponsored Research, Durham, NH, for transportation research services related to construction materials and pavements in the amount of $257,755.  Effective upon G&C approval through June 30, 2011.  80% Federal, 20% Highway Funds. 

 

#105       Authorized Bureau of Construction to enter into a contract with SUR Construction Inc., Rochester, NH, for roadway reconstruction and widening of the northbound barrel of the Spaulding Turnpike at Exit 12, on the basis of a low bid of $17,197,100.  (2)Further Authorized a contingency in the amount of $859,855 for payment of latent conditions, which may appear during the construction of the project.  Effective upon G&C approval through October 15, 2010.  100% Turnpike Funds. 

 

 

 

 

 

Next Governor and Executive Council meeting is scheduled for Wednesday, February 4, 2009 at 10:00 a.m. at the State House, Concord, New Hampshire.

 

The Honorable Board then Adjourned at 12:10 p.m.