GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
November 14, 2012, 10:00 a.m.
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The Governor and Executive Council convened at 10:00 a.m. with all members present.
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Councilor Wheeler offered the prayer and Councilor Wieczorek led the Pledge of Allegiance.
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The Governor and Executive Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, accepted the minutes of October 17, 2012.
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The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Sununu, approved the appointment of several persons nominated for Civil Commissions from the October 17, 2012 meeting.
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The Governor placed into nomination the several persons who applied for Civil Commissions.
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CONFIRMATIONS
The Governor and Council confirmed the following:
Board
of Accountancy - RSA: 309-B
(Certified
Public Accountant)
Frederick
G. Briggs, Jr., Rye Effective: December 2,
2012
Reappointment Expiration:
December 2, 2017
Board
of Acupuncture Licensing - RSA: 328-G
(Acupuncturist)
L.
Cindy Theroux-Jette, Nashua Effective: November 14,
2012
Succeeding: Patty Jensen, Henniker (resigned) Expiration:
October 14, 2013
Advanced
Manufacturing Education Advisory Council - RSA: 188-E:22
(Public
Member)
Victor
C. Kissell, Westmoreland Effective: December 18,
2012
Reappointment Expiration:
December 18, 2015
Advisory
Board for the Division of Children, Youth and Families - RSA: 170-G:6
(Belknap
County)
Matthew
D. Huot, Laconia Effective: November 14,
2012
Vacancy Expiration:
July 1, 2014
Community
College System of NH Board of Trustees - RSA: 188-F
(General
Public)
John
C. Calhoun IV, Harrisville Effective: November 14,
2012
Succeeding: Robert L. Mallot, Jr., Keene (resigned) Expiration:
June 30, 2015
Fish and Game
Commission – RSA 206:2
(Coastal Commission
Member)
Frederick C. Clews
Jr., Hampton Effective:
November 14, 2012
Reappointment Term:
September 13, 2017
Health
Exchange Advisory Committee - RSA: 2012 Chapter
231 (HB 1297)
(Representing
Employers)
Scott
Baetz, Windham Effective: November 14,
2012
Vacancy Expiration:
November 14, 2013
State
Historical Resources Council - RSA: 227-C
(Historical
Preservation)
Nancy
C. Dutton, Wilmot Effective: December 10,
2012
Reappointment Expiration:
December 10, 2017
NH
Housing Finance Authority - RSA: 204-C
(Public
Member)
John
A. Cuddy, Freedom Effective: November 14,
2012
Vacancy Expiration:
July 1, 2013
NH
Housing Finance Authority - RSA: 204-C
(Public
Member)
Pauline
A. Ikawa, Manchester Effective: November 14,
2012
Succeeding: William B. Cashin Expiration:
July 1, 2016
Board
of Natural Scientists - RSA: 310-A:81
(Public
Member)
Mary
A. Currier, Kingston Effective: December 17,
2012
Reappointment Expiration:
December 17, 2017
Board
of Nursing
- RSA: 326-B
(Public
Member)
James
M. Kuras, Francestown Effective: December 21,
2012
Reappointment Expiration:
December 21, 2015
Ports
and Harbors Advisory Council - RSA: 12-G:44
Roger
C. Groux, Dover Effective: December 16,
2012
Reappointment Expiration:
December 16, 2017
Telecommunications
Planning and Development Advisory Committee - RSA: 12-A
(Industry)
Marc
A. Violette, Warner Effective: November 14,
2012
Reappointment Expiration:
October 18, 2015
Volunteer
NH Board of Directors - RSA: 19-H
Annmarie
J. Woods, Manchester Effective: November 15,
2012
Reappointment Expiration:
November 15, 2015
NOMINATIONS
The Governor placed into nomination the following:
Adult
Parole Board - RSA: 651-A:3
Barbara
A. M. Maloney, Manchester Effective:
Upon confirmation
Succeeding: Pierre J. Morin, Berlin Expiration: September 29, 2017
Advanced Manufacturing Education Advisory Council - RSA: 188-E:22
(Superintendent)
Debra Livingston, Charlestown Effective:
December 18, 2012
Reappointment Expiration:
December 18, 2015
Advanced
Manufacturing Education Advisory Council - RSA: 188-E:22
(Public
Member)
Susan
Bloom Newcomer, Spofford Effective:
December 18, 2012
Reappointment Expiration:
December 18, 2015
State
Council on the Arts - RSA: 19-A
Richard
W. Ayers, Sanbornton Effective:
Upon confirmation
Reappointment Expiration:
November 10, 2017
Compensation
Appeals Board - RSA: 281-A:42
(Attorney)
Timothy
S. Wheelock, Portsmouth Effective:
Upon confirmation
Reappointment Expiration:
November 15, 2015
Connecticut
River Atlantic Salmon Compact Commission - RSA: 213-N
Duncan
McInnes, Merrimack Effective:
Upon confirmation
Succeeding: Richard C. Shelton, Newmarket Expiration:
June 20, 2015
Board
of Professional Geologists - RSA: 310-A
Muriel
S. Robinette, Gilmanton Iron Works Effective:
Upon confirmation
Succeeding: John E. Cotton, East Andover (term limited) Expiration:
October 4, 2017
Lakes
Management Advisory Council - RSA: 483-A
(Member
of a conservation commission)
Martha
Twombly, Hebron Effective:
Upon confirmation
Succeeding: Diane Hanley, Laconia (resigned) Expiration:
August 22, 2013
Medical
Review Subcommittee - RSA: 329:17-V-a
(Physician
Assistant)
Nominated
by the Board of Medicine
Mark
C. Iber, Strafford Effective:
December 9, 2012
Reappointment Expiration:
December 9, 2015
Medical
Review Subcommittee - RSA: 329:17-V-a
Nominated
by the Board of Medicine
Peter
H. Wilson, Hopkinton Effective:
Upon confirmation
Succeeding: Michael Barr, Nashua (resigned) Expiration:
December 3, 2015
Northeast
Interstate Dairy Compact Commission - RSA: 184-A
(Consumer
Interest)
Douglas
E. Morris, Durham Effective:
Upon confirmation
Reappointment Expiration:
June 19, 2015
Real
Estate Appraisers Board - RSA: 310-B
(Rep.
NH Lending Institution)
Cynthia
L. Baron, Sunapee Effective:
Upon confirmation
Succeeding: Richard N. Burgess, Jr. Ashland (resigned) Expiration:
August 12, 2013
NH
Retirement System Board of Trustees - RSA: 100-A:14
(Rep.
Management of State Employees)
John
T. Beardmore, Hopkinton Effective:
Upon confirmation
Vacancy Expiration:
July 13, 2013
Director
of the Division of Emergency Services, Communications and Management - RSA: 21-P:48-a
Nominated
by the Commissioner of the Department of Safety
Bruce
G. Cheney, Laconia Effective:
Upon confirmation
Reappointment Expiration:
December 1, 2016
Salary: Grade II;
maximum step - $104,364
COMMUNITY
DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:
#1 Authorized to amend a grant agreement with the City of Keene, NH (originally approved by G&C on 9-14-11, item #7, in the amount of $500,000), to allow for finalization of construction work to be completed on the Monadnock Community Market Cooperative, by extending the completion date to December 31, 2013 from December 31, 2012. No Additional Funding. 100% Federal Funds.
#2 Authorized to amend a grant agreement with the County of Merrimack, Boscawen, NH (originally approved by G&C on 1-19-11, item #5, in the amount of $225,000), to allow for finalization of building upgrade improvements to be completed to the McKenna House Shelter, by extending the completion date to June 30, 2013 from December 31, 2012. No Additional Funding. 100% Federal Funds.
#3 Authorized to amend a grant agreement with the County of Merrimack, Boscawen, NH (originally approved by G&C on 3-30-11, item #3, in the amount of $275,000), to allow for finalization of road improvement work, by extending the completion date to December 31, 2013 from December 31, 2012. No Additional Funding. 100% Federal Funds.
#4 Authorized to award a grant to the County of Belknap, Laconia, NH, in the amount of $500,000 to assist the Community Action Program of Belknap-Merrimack Counties with weatherization activities. Effective upon G&C approval through December 31, 2013. 100% Federal Funds.
#5 Authorized to award a grant to the Town of Plymouth, NH, in the amount of $140,000 to assist a nonprofit regional development corporation, Grafton County Economic Development Council, to fit up a space for Narrative1 Software LLC, who will occupy approximately half of the first floor space of the newly created Enterprise Center at Plymouth. Effective upon G&C approval through June 30, 2014. 100% Federal Funds.
BUSINESS FINANCE
AUTHORITY
#6 The
Governor and Executive Council on motion of Councilor Burton, seconded by
Councilor St. Hilaire and further on a roll call vote
as follows: Councilor Burton – yes, Councilor St. Hilaire
– yes, Councilor Sununu – yes, Councilor Wieczorek –
yes, and Councilor Wheeler – no,
authorized to hold a Public Hearing to approve an award of a
State Guarantee under RSA 162-A:13-a with respect to a loan from TD Bank to
Tri-County Community Action Program located in Berlin, New Hampshire. Action
will Authorized a Resolution under RSA 162-A:18 to
determine the financing will serve a public use, provide public benefit and is
within the policy and authority of the Act.
EXTRACT FROM
THE MINUTES OF THE MEETING OF THE
GOVERNOR AND
COUNCIL HELD ON NOVEMBER 14, 2012
COUNCIL CHAMBER,
CONCORD, NEW HAMPSHIRE
* * * * * * *
At approximately 10:25 a.m., the
Governor announced that the next matter to be considered would be the award of
a State guarantee under the Working Capital Line of Credit Guarantee Program of
the Business Finance Authority in connection with a loan to be made by TD Bank
to Tri-County Community Action Program and declared that the public hearing on
the subject had commenced. He said that
he and the members of the Council had received written material from the
Authority with respect to the proposed loans and State guarantee. The Governor then said that the meeting would
hear anyone wishing to speak on the subject and introduced, Michael B. Donahue,
Senior Credit Officer of the Authority who briefly explained the project. The
Governor then repeated that the proceedings were a public hearing and asked
whether any other person wished to speak; there being none, Councilor Burton
introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM TD BANK TO TRI-COUNTY COMMUNITY ACTION
PROGRAM" and moved its adoption, which was seconded by Councilor St. Hilaire. There being
no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and
Councilor Burton, Councilor St. Hilaire, Councilor
Sununu, and
Councilor Wieczorek;
those abstaining were Councilor (s):
None; and those voting against were Councilor (s): Councilor Wheeler. The Governor declared that the resolution was
passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE
UNDER RSA
162-A:13-a WITH RESPECT TO A LOAN FROM
TD BANK TO TRI-COUNTY COMMUNITY ACTION PROGRAM
WHEREAS, the Governor and
Council (the "Governor and Council") of the State of New Hampshire
(the "State") have received from the Business Finance Authority of
the State of New Hampshire (the "Authority") its written
recommendation that the Governor and Council make certain findings and
determinations pursuant to RSA 162-A:18 with respect to the award of a
guarantee of the Authority in an amount equal to seventy-five percent (75%) of
the principal amount of a loan up to $750,000 from TD Bank to Tri-County
Community Action Program pursuant to RSA 162-A:13-a (the Working Capital Loan
Guarantee Program or the "WAG Program");
WHEREAS, the proposed guarantee
would require the pledge of the full faith and credit of the Authority in an
amount not to exceed seventy-five percent (75%) of the proposed financing;
WHEREAS, pursuant to the
provisions of RSA Chapter 162-A, the Governor and Council is authorized to
approve the recommendation of the Authority and to award the recommended guarantee
upon the making of specific findings after public hearing;
WHEREAS, the Governor and
Council have received all the documentation and information with respect to the
proposed award of the Authority's guarantee which they have requested; and
WHEREAS, further action by the
Authority with respect to the proposed transaction is subject to the passage of
this resolution and cannot be taken until after its passage;
NOW, THEREFORE, IT IS HEREBY
RESOLVED THAT:
1. Findings and Determinations. On the basis of the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special Findings.
(i) The
award of the guarantee as proposed will contribute significantly to the success
of the financing.
(ii) Reasonable and appropriate measures
have been taken to minimize the risk of loss to the Authority and to ensure
that any private benefit from the award of the guarantee will be only
incidental to the public purpose served thereby.
(b) General Findings.
(i) The
award of the guarantee as proposed will serve a public use and provide a public
benefit.
(ii) The award of the guarantee as
proposed is within the policy of, and the authority conferred by RSA Chapter
162-A.
(iii)
The award of the guarantee as
proposed will preserve or increase the social welfare or economic prosperity of
the state and one or more of its political subdivisions, and will promote the
general welfare of the state's citizens.
(iv) The award
of the guarantee as proposed will promote the orderly development of business activities,
create or preserve employment opportunities, or protect the physical
environment.
2. Approval.
The Governor and Council approve the Authority's taking such further
action under the Act with respect to the award of the guarantee as may be required
and authorize the Authority to take such further action with respect to such
proposed execution as is necessary and appropriate to carry out the proposed
transaction.
3. Effective
Date. This resolution shall take
effect upon its passage.
OFFICE OF ENERGY AND PLANNING
#7 Authorized to enter into a sole source agreement with the University of NH, Earth Systems Research Center, Durham, NH, to continue implementation of the State’s Floodplain/Risk Map Program, as approved by FEMA, in the amount of $44,280. Effective upon G&C approval through September 14, 2013. 100% Federal Funds.
DEPARTMENT OF INFORMATION TECHNOLOGY
#8 The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Burton authorized the request to accept and expend $7,000 from the Racing and Charitable Gaming Commission for the procurement of information technology software. Effective upon G&C approval through June 30, 2013. 100% Other Funds (Agency Class 027) Funds; the agency class 027 used by Racing and Charitable Gaming Commission to reimburse DoIT is 100% Sweepstakes Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#8A Authorized confirmation of Douglas J. Fortier, Farmington, NH, to the rank of Lieutenant Colonel, NH Army National Guard.
#8B Authorized confirmation of Richard A. Westhaver, Tewksbury, MA, to the rank of Major, NH Army National Guard.
#8C Authorized nomination of Mark J. Curdo, Wilmington, MA, for appointment 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.
#8D Authorized nomination of Major Paul M. Kell, Durham, NH, 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.
#8E Authorized nomination of Major Jeffrey M. Denton, Stratham, NH, 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.
#8F Authorized nomination of Major Brian G. Waters, York, ME, 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.
#8G Authorized nomination of Captain Brian M. Carloni, Exeter, NH, 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.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#9 Authorized to transfer and reallocate appropriations for personnel from the Departments of Safety and the Department of Administrative Services with their respective unexpended FY 2013 appropriations in the amount of $365,070 to the Department of Administrative Services to establish a Shared Services Center for the consolidation of business processing within state government. (2)Further authorized to establish the number of total personnel required for business processing functions in the executive branch of state government and to initiate the initial transfer of personnel, along with such items as identified in the law as necessary from their respective agencies, to the Department of Administrative Services to establish a Shared Services Center for the consolidation of business processing within the state government. Effective November 16, 2012 through June 30, 2013. Contingent upon Fiscal Committee approval on November 8, 2012.
#10 Authorized the Division of Personnel’s request for waiver of classification decisions. Effective upon G&C approval.
#11 Authorized to amend item #23B approved by G&C on May 23, 2012, by modifying the mortgage deed agreement with the Community Development Finance Authority, by reducing the amount by $100,000 from $500,000 to $400,000 which is the net award amount of the CDFA grant. Effective upon G&C approval through October 10, 2020. This agreement established the Department of Administrative Services on behalf of the State of NH as beneficiary of the original CDFA award to the Friends of the Bridges House, with the building and land to serve as financial security for the award.
#12 Authorized to accept and place on file the report of all vehicles which have non-business use exceeding 20% for Fiscal Year 2012.
#13 Authorized to retroactively amend a sole source memorandum of agreement with the Laconia Police Department, Laconia, NH, (originally approved by G&C on 6-20-12, item #37A), for security services at the Lakes Region Facility in Laconia, NH, by increasing the amount by $31,422.44 from $11,975.52 to $43,397.96. Effective August 15, 2012 through June 30, 2013. 100% General Funds.
#14 Authorized the Bureau of Facilities and Assets Management to enter into a sole source agreement with Control Technologies Inc., Manchester, NH, for the completion of the Digital Distributed Controls for the Dolloff Building, Concord, in the amount of $7,720. Effective upon G&C approval through November 30, 2012. 100% Other State Agency Funds.
#15 Authorized the Bureau of Graphic Services to enter into a contract with Offtech of Maine Inc., Westbrook, ME, to cover the cost of a Graphic Equipment Repair and Maintenance contract, in the amount of $140,997.77. Effective upon G&C approval through October 31, 2015. (2)Further authorized a contingency for emergency repair services and concomitant repair parts required outside the normal hours of contract service coverage in the amount of $3,000 for a total amount of $143,997.77. 100% Agency Income (Graphic Services Fees).
#16 Authorized the Bureau of Purchase and Property to enter into a contract with Weld Power Service Co., Auburn, MA, for generator maintenance, in an amount not to exceed $200,000. Effective upon G&C approval through December 31, 2015.
#17 FAILED – The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, and with Councilors Sununu, Wieczorek, and Wheeler voting no, failed to authorize the Bureau of Purchase and Property to enter into a contract with FM Generator Inc., Canton, MA, for generator maintenance, in an amount not to exceed $200,000. Effective upon G&C approval through December 31, 2015.
#18 Authorized to enter into a contract with Paetec Communications Inc., Little Rock, AR, for Session Initiation Protocol to Public Switched Telephone Network Connectivity Services required for internet based telephone systems to connect with analog phone systems for a price of $462,392. (2)Further authorized a contingency in the amount not to exceed $47,608, to cover any additional VoIP phones lines, bringing the total to $510,000. Effective upon G&C approval through October 8, 2015, with the option to renew for two years.
#19 WITHDRAWN – The Agency withdrew the request to retroactively amend an agreement with the Local Government Center, Health Trust LLC, Concord, NH (originally approved by G&C on 11-17-10, item #34A), for the provision of a revised minimum rebate guarantee and a revised minimum generic dispensing rate guarantee. The current total price of the agreement of $188,138,958 is reduced by approximately $6.8 million as a result of recent plan design and administrative changes, for a revised total price of $181,338,958 million. Effective November 1, 2011 through December 31, 2013. 40% General, 16% Federal, 26% Enterprise, 16% Highway, 2% Turnpike Funds.
#20 Authorized the Bureau of Public Works Design and Construction to amend a contract with Skyline Roofing Inc., Manchester, NH, for the Campus Edge Building Roof Replacement, Sununu Youth Development Center, Manchester, NH, by increasing amount by $12,680 from $90,000 to $102,680. Effective upon G&C approval through November 1, 2012. 100% General/Capital Funds.
#21 Authorized the Bureau of Public Works Design and Construction to enter into a contract with Meridian Construction Corp., Gilford, NH, for the NHARNG Readiness Center Energy Upgrades, Concord, NH, for a price not to exceed $1,059,700. (2)Further authorized a contingency in the amount of $75,000 for unanticipated expense for the Geothermal Energy Upgrades, bringing the total to $1,134,700. Effective upon G&C approval through June 30, 2013. 50% General, 50% Federal Funds. (3)Further authorized the amount of $27,650 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $1,162,350. 100% Federal Funds.
#21A Authorized a Working Capital Warrant in the amount of $630,000,000 to cover the payment of expenditures for the month of December.
#21B Authorized the Bureau of Public Works Design and Construction to enter into a sole source contract with Merrimack Valley Corp – Merrimack Sheet Metal, Methuen, MA, for modifications to the HVAC system at the Hillsborough County Courthouse North, for a total not to exceed $70,479. Effective upon G&C approval through December 31, 2013. 34% Capital (General), 41% General, 25% Reimbursement Funds.
STATE TREASURY
#22 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to issue a warrant from funds not otherwise appropriated in the amount of $106,707 and the State Treasurer to issue checks in the amount of $107,706.07 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:
#23 Authorized the Division of Historical Resources to award a Certified Local Government Grant to the town of Newington in the amount of $11,450. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.
#24 Authorized to award Conservation Number Plate Grants in the amount of $6,300 to the Town of Hooksett. Effective upon G&C approval through June 30, 2013. 100% Conservation Plate Funds.
JOINT BOARD OF LICENSURE AND CERTIFICATION
#25 The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, and with Councilor Wheeler abstaining, authorized the request to amend a sole source lease with McCarthy Properties, Wareham, MA (originally approved by G&C on 11-28-07, item #35), to provide office space comprised of 3,205 square feet, Concord, NH, by extending the end date from February 1, 2013 through January 31, 2014, and by increasing the price by $40,863.72 from $202,153.64 to $243,017.36. 100% General Funds.
DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
The Governor and Council acted as follows:
#26 Authorized the Division of Plant Industry to enter into a sole source agreement with the University of NH, Durham, NH, to conduct public outreach and detection campaign of Asian longhorned beetle, emerald ash borer and other invasive forest insects of interest, in the amount of $14,257. Effective upon G&C approval through August 30, 2013. 100% Federal Funds.
#27 Authorized the Division of Agricultural Development to enter into an agreement with Plymouth State University, Plymouth, NH, to conduct a study of the regional meat processing industry, in the amount of $21,239. Effective upon G&C approval through June 30, 2014. 100% Other – Risk Management Program.
ATTORNEY GENERAL – DEPARTMENT OF JUSTICE
The Governor and Council acted as follows:
#28 Authorized to accept and expend a sum not to exceed $600,000 from funds not otherwise appropriated for the purpose of covering projected shortfalls in the general litigation expenses incurred in the defense of the State and the prosecution of criminal law. Effective upon G&C approval through June 30, 2013. Contingent upon Fiscal Committee approval on November 8, 2012.
#29 Authorized to reappoint Elizabeth Woodcock as an Assistant Attorney General at a salary of $75,226. Effective December 4, 2012 through December 4, 2017.
#30 Authorized to reappoint Michael K. Brown as an Assistant Attorney General at a salary of $91,795. Effective December 11, 2012 through December 11, 2017.
#31 Authorized to designate Brian Buonamano as an Attorney at a salary of $56,500. Effective November 16, 2012.
#32 Authorized to enter into a sub grant with the Merrimack County Nursing Home, in the amount of $15,000 from a grant received from the US Department of Justice, Office on Violence Against Women, entitled “Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program”, to provide training to law enforcement and services providers and to support direct services to victims of elder abuse including domestic violence, sexual assault and stalking. Effective upon G&C approval through June 30, 2013. 100% Federal Funding.
#33 Authorized to enter into sub grants with Belknap, Cheshire, Strafford, and Sullivan County Department of Corrections totaling $80,000 for residential substance abuse treatment programming from the FFY 2011 Residential Substance Abuse Treatment Grant Program. Effective upon G&C approval through September 30, 2014. 100% Federal Funds.
#34 Authorized to amend item #38A, approved by G&C on 5-2-07, by reallocating $7,790.67 for funds received from investigative fees judgments and settlements for Medicaid Fraud to be used for equipment acquisition and to provide additional investigative and litigation support for the Medicaid Fraud Unit. (2)Further authorized to accept and expend $15,779.11 to be used for equipment acquisition and to provide additional investigative and litigation support for the Medicaid Fraud Unit. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
#35 Authorized to accept and expend $833 in a stipend form the Massachusetts College of Pharmacy and Health Sciences, Boston, MA, for a student interning in the Office of the Chief Medical Examiner. Effective upon G&C approval through June 30, 2013. 100% Agency Income.
#36 Authorized to enter into a sub grant with the NH Coalition Against Domestic and Sexual Violence, in the amount of $226,157 from the US Department of Justice, Office on Violence Against Women, Sexual Assault Support Program, for the purpose of providing services for victims of sexual assault in NH. Effective upon G&C approval through June 30, 2014. 100% Federal Funds.
#37 WITHDRAWN – The Agency withdrew the request for the petition of James Russo (age 28) requesting a pardon hearing for the offense of Reckless Conduct and Escape. The petitioner is not eligible for an annulment.
#37A WITHDRAWN – The Agency withdrew the request for the petition of Thomas K. Schoolcraft (age 27) requesting a pardon hearing for the offense of Burglary (all counts). The petitioner is not eligible for an annulment until 2016.
NEW HAMPSHIRE EMPLOYMENT SECURITY
The Governor and Council acted as follows:
#38 Authorized to extend three positions in a temporary status for one year beginning December 13, 2012 through December 13, 2013, with an estimated fiscal impact to SFY 2012 in the amount of $68,669.25. 100% Federal Funds.
#39 Authorized to enter into a contract with RWN Property Services Inc., North Conway, NH, to provide services to tie-in the NHES Conway local office to the Town of Conway sewer system, recently made available, in the amount of $22,665. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
#39A Authorized to enter into a contract with Capital Appraisal Associates Inc., Concord, NH, to provide updated commercial real estate assessment services for 4 NHES’s offices, in the amount of $6,000. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
INSURANCE DEPARTMENT
The Governor and Council acted as follows:
#40 Authorized to accept and place on file the Annual Report for the period of July 1, 2011 through June 30, 2012.
#41 Authorized to retroactively amend a contract with Compass Health Analytics Inc., Portland, ME, (originally approved by G&C on 4-18-12, item #49B), for consulting services in connection with the premium rate review initiative, by extending the end date from September 30, 2012 to December 31, 2012. No Additional Funds. 100% Federal Funds.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
Bureau
of Human Resource Management
#42 Authorized to finalize the determination made by the Commissioner that on September 27, 2012, Timothy McKenna, Mental Health Worker II, at the NH Hospital, sustained an injury in the line of duty and due to hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.
#43 Authorized to finalize the determination made by the Commissioner that on September 21, 2012, Shanita Johnson, Mental Health Worker II, at the NH Hospital, sustained an injury in the line of duty and due to hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.
Office of Medicaid Business and Policy
#44 Authorized with Councilor Wheeler voting no, to pay the National Association of Medicaid Directors, Washington, DC, $7,350 for annual membership dues. Effective retroactive to July 1, 2012 through June 30, 2013. 50% Federal, 50% General Funds.
#45 Authorized to enter into an agreement with the University of Massachusetts Medical School, Center for Health Law and Economics, Worcester, MA, to provide policy and technical services for NH Disproportionate Share Hospital Program in an amount not to exceed $602,883. Effective upon G&C approval through October 31, 2015. 50% Federal, 50% General Funds.
Bureau of Homeless and Housing Services
#46 Authorized to enter into an agreement with Southwestern Community Services Inc., Keene, NH, to provide services to homeless individuals, in an amount not to exceed $188,813. Effective upon G&C approval through October 31, 2015. 100% Federal Funds.
Bureau of Facilities and Assets Management
#47 Authorized to amend a sole source retroactive lease with the City of Dover, NH, (originally approved by G&C on 10-25-06, item #63), for Dover Itinerant Office space, by increasing the price in the amount of $44,749.20 to $181,913.04 from $137,163.84, and by extending the term to September 30, 2014 retroactive to October 1, 2012. 40% Federal, 60% General Funds.
Division of Family Assistance
#48 Authorized to enter into a Cooperative Project Agreement with the University System of NH, Durham, NH, for the purpose of providing nutrition education programs in an amount not to exceed $999,288. Effective retroactive to October 1, 2012 through September 30, 2013. 100% Federal Funds.
#49 Authorized with Councilor Wheeler voting no, to make a one-time payment in the amount of $13,895 to renew agency membership in the American Public Human Services Association known as the American Public Welfare Association, Washington, DC for the period of January 1, 2013 through December 31, 2013. 46% Federal, 54% General Funds.
Division of Public Health Services
#50 Authorized with Councilor Wheeler voting no, to pay the Association of Maternal & Child Health Programs, Washington, DC, $4,400 for the annual membership dues. Effective retroactive to October 1, 2012 through September 30, 2013. 65% Federal, 35% General Funds.
#51 Authorized the Bureau of Population Health and Community Services, Healthy Eating and Physical Activity Section, Special Supplemental Nutrition Program for Women, Infants, and Children to exercise a contract renew and amend option with Hero Group Inc., d/b/a Beech Nut Nutrition, Amsterdam, NY, (originally approved by G&C on 12-9-09, item #116), to provide rebates on selected infant foods purchased with food instruments issued by the Special Supplemental Nutrition Program for Women, Infants, and Children, by increasing the price by $204,000 from $612,000 to $816,000, and by extending the completion date to September 30, 2013, effective retroactive to October 1, 2012. 100% Other Revenue.
#52 Authorized the Bureau of Population Health and Community Services, Chronic Disease Prevention and Screening Section, Oral Health Program to accept and expend federal funds in the amount of $308,262 from the US Department of Health and Human Services, Health Resources and Services Administration to fund the Grants to States to Support Oral Health Workforce Activities. Effective upon G&C approval through June 30, 2013. Contingent upon Fiscal Committee approval on November 8, 2012.
#53 Authorized the Bureau of Infectious Disease Control to amend a sole source agreement with NH Hospital Association, Concord, NH (originally approved by G&C on 7-13-11, item #68), to provide hospital emergency preparedness planning services, by increasing the price by $286,318 from $1,512,418 to $1,798,736. Effective upon G&C approval. 100% Federal Funds.
#54 Authorized the Bureau of Infectious Disease Control, Infectious Disease Prevention, Investigation and Care Section to enter into an agreement with the Mary Hitchcock Memorial Hospital, Lebanon, NH, to develop, implement and evaluate a Human Immunodeficiency Virus routine testing in primary healthcare settings assessment project, in an amount not to exceed $106,000. Effective upon G&C approval through June 30, 2014. 100% Federal Funds.
Division of Community Based Care Services
#55 Authorized to accept and expend System of Care Implementation federal funds from the Substance Abuse and Mental Health Services Administration in the amount of $749,879. Effective upon G&C approval through June 30, 2013. 100% Federal Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
Bureau of Behavioral Health
#56 Authorized with Councilor Wheeler voting no, to pay the National Association of State Mental Health Program Directors, Alexandria, VA, $8,979 for annual membership dues. Effective retroactive to July 1, 2012 through June 30, 2013. 34% Federal, 66% General Funds.
New Hampshire Hospital
#57 Authorized to make a sole source retroactive payment of $7,526.54 to KCI USA, Houston, TX, for equipment rental and supplies required to treat a patient’s serious wound. Effective September 11, 2012 through June 30, 2013. 32% Federal, 68% General Funds.
#58 Authorized to make a sole source retroactive payment of $16,850 to The Joint Commission, Oakbrook Terrace, IL, for on-site survey fees. Effective upon G&C approval through June 30, 2013. 68% General, 32% Federal Funds.
#59 Authorized to enter into an agreement with the University of Vermont Technical Services Program, Burlington, VT, to provide clinical equipment repair and preventative maintenance, in an amount not to exceed $16,740. Effective upon G&C approval through June 30, 2014. 31% Federal, 69% General Funds.
Glencliff Home
#60 Authorized to enter into an agreement with Pemi-Baker Community Health, Plymouth, NH, to provide Physical Therapy and Occupational Therapy services, in an amount not to exceed $10,020. Effective upon G&C approval through June 30, 2013.
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#61 Authorized to transfer funds in the amount of $204,872 within a budgeted federal grant entitled State Criminal Alien Assistance Program, which will realign appropriated funds that will be utilized by the NH Department of Corrections for correctional purposes. (2)Further authorized to accept and expend additional funds in the amount of $173,306 from the US Department of Justice, Bureau of Justice Assistance, State Criminal Alien Assistance Program for expenses related to the care and custody of criminal aliens in the NH Corrections system. Effective upon G&C approval through June 30, 2013. 100% Federal Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
#62 Authorized to amend a sub grant received from The Council of State Governments, a nonprofit organization (originally approved by G&C on 6-6-12, item #87), to provide technical assistance and training for parole board members, Parole/Probation and Community Corrections staff in the latest effective approaches to manage re-entering offenders and upgrade data gathering capabilities, by extending the end date from February 20, 2013 to May 31, 2013. 100% Agency Income (federal funds at origin). Contingent upon Fiscal Committee approval on November 8, 2012.
#63 Authorized to establish one part-time temporary Teacher III, labor grade 22. (2)Further authorized to accept and expend Federal Adult Basic Education sub-grant funds in the amount of $49,351 from the NH Department of Education, which will be utilized for a part time GED/Special Education Instructor. Effective upon G&C approval through June 30, 2013. 100% Agency Income (federal funds at origin). Contingent upon Fiscal Committee approval on November 8, 2012.
#64 Authorized to accept and expend funds made available through a Victims of Crime Act sub grant from NH Department of Justice, in the amount of $22,166 to supplant $8,223 of General Funds and provide for a net increase in sending authority of $13,943 for assistance to crime victims and their families. Effective upon G&C approval through June 30, 2013. 100% Agency Income. (federal funds at origin).
#65 Authorized to enter into a retroactive sole source contract with the University of Cincinnati, Cincinnati, OH, to provide the technical assistance and training for parole board members, Parole/Probation and Community Corrections staff in the latest effective approaches to manage re-entering offenders in the amount of $108,000. Effective July 1, 2012 through May 31, 2013. 100% Agency Income (federal funds at origin).
PUBLIC UTILITIES COMMISSION
The Governor and Council acted as follows:
#66 Authorized with Councilor Wheeler voting no, to continue its membership and participation in the New England Conference of Public Utilities Commissioners Inc, for an amount of $24,000. Effective upon G&C approval through September 30, 2013. 100% Other (Utilities Assessment).
#67 Authorized to enter into a contract with Steven E. Patnaude LCR, Boscawen, NH, to provide court reporting services in an amount not to exceed $4,500 and with an option to renew for an additional two-year period, in an amount not to exceed $4,500. 100% Utilities Assessment.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#68 Authorized to accept and place on file the reports of transfer of funds for the Division of Parks and Recreation for the period ending September 30, 2012.
#69 Authorized with Councilor Sununu recusing himself, to accept and place on file the report regarding season passes issued for Cannon Mountain during fiscal year 2013.
#70 Authorized the Office of Workforce Opportunity to amend a sole source contract with NH Department of Education, Concord, NH, (originally approved by G&C on 11-11-11, item #36), for the delivery of Workforce Investment Act re-employment services, by extending the end date from December 31, 2012 to June 30, 2013. 100% Federal – Governor’s Discretionary Funds.
#71 Authorized the Office of Workforce Opportunity to retroactively amend a sole source contract with Safety Health of Northern New England, Concord, NH, (originally approved by G&C on 3-16-11, item #59, in the amount of $74,368), for the delivery of training to meet the federal Mine Safety and Health Administration safety training requirements in NH, by extending the end date from September 30, 2012 to September 30, 2013. 100% Federal Funds.
#72 Authorized the Office of Workforce Opportunity to amend a sole source contract with Southern NH Services Inc., Manchester, NH, (originally approved by G&C on 10-20-10, item #32), for the delivery of Workforce Investment Act On-the-Job employment and training services, by increasing the amount from $1,548,071.18 to $3,510,698.18, an increase of $1,962,627, and by extending the end date from June 30, 2013 to June 30, 2014. 100% Federal NEG Workforce Investment Act Funds.
#73 Authorized the Division of Parks and Recreation, Bureau of Historic Sites to amend a sole source retroactive contract with Brian J. Barrett, Henniker, NH, (originally approved by G&C on 8-10-11, item #43), for additional repairs not covered under the original contract’s scope of services for painting, siding and chimney restoration of the Franklin Pierce Homestead Historic Site, by increasing the amount by $17,530 from $79,500 to $97,030. 100% Other Funds (Agency Income).
#74 Authorized to transfer 100 +/- acres of land outside the White Mountain National Forest proclamation boundary, owned by the Town of Whitefield and located in the Towns of Jefferson and Carroll, to the White Mountain National Forest.
#75 Authorized the Office of Workforce Opportunity to amend a contract with Southern NH Services Inc., Manchester, NH, (originally approved by G&C on 9-14-11, item #54), for the delivery of Workforce Investment Act Incentive Grant services, by increasing the amount from $13,750,688 to $14,150,626, an increase of $399,938, and by amending the end date from June 30, 2015 to June 30, 2014. 100% Federal Funds.
#76 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain to amend a sole source agreement with International Financial Services Corporation, Libertyville, IL (originally approved by G&C on 12-9-09, item #46), to lease a new Bison X Snow Groomer, in the total amount of $284,042. Effective December 1, 2012 through April 1, 2016. 100% Ski Area Funds.
#77 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain to renew a 2012/2013 Membership and Radio Agreement with the New England Ski Areas Council, Lebanon, NH, in the amount of $11,531.92 or the upcoming ski season. Effective upon G&C approval through June 30, 2013. 100% Ski Area Funds.
#78 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain to enter into a membership with Loon Mountain d/b/a New Hampshire Ski Group, Lincoln, NH, for the 2012-2013 ski season, in the amount of $16,006. Effective upon G&C approval through June 30, 2013. 100% Ski Area Funds.
#79 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain to enter into a sole source contract with Doppelmayr USA Inc., Salt Lake City, UT, for the annual inspection of the Aerial Tramway at Cannon Mountain Ski Area, in the amount of $14,175. (2)Further authorized a 10% contingency in the amount of $1,418 to cover any unforeseen damage found, that isn’t under the original scope of services, once the testing is underway. Effective upon G&C approval through November 21, 2012. 100% Ski Area Funds.
#80 Authorized the Division of Parks and Recreation to make a retroactive payment to American Excavating Corp., Derry, NH, for waterline repairs at Hampton Beach State Park on July 16-17, 2012. 100% Capital Funds.
#81 Authorized the Division of Parks and Recreation to amend a sole source contract with The Student Conservation Association Inc., Charlestown, NH, (originally approved by G&C on 5-9-12, item #69B), to provide services for various park objects, by increasing the amount by $1,900 from $95,160 to $97,060. Effective upon G&C approval through June 30, 2013. 100% Capital Funds.
#82 Authorized the Division of Economic Development to amend a sole source contract with Plymouth Area Renewable Energy Initiative, Plymouth, NH (originally approved by G&C on 3-16-11, item #57), to include the management of energy efficiency training programs and other programs, by increasing the amount by $35,346 from $100,000 to $135,346. Effective upon G&C approval through June 30, 2013. 100% Agency Income (Greenhouse Gas Emissions Reduction Fund).
#83 Authorized the Division of Economic Development, Office of International Commerce to enter into a retroactive sole source contract with Southern NH University, School of Business, Manchester, NH, to provide for an International Training Manager of the oversight of training objectives outlined in the State Trade and Export Promotion II grant awarded by the US Small Business Administration, in the amount of $75,000. Effective November 1, 2012 through September 29, 2013. 100% Federal Funds.
#84 Authorized the Bureau of Trails to purchase a recreational trail easement in an amount not to exceed $2,000 from Gloria Riel, Deerfield, NH. 100% Snowmobile and OHRV Fund.
#85 Authorized the Bureau of Trails to amend a Grant-in-Aid Trail Maintenance and Equipment Contract with Pittsburg Ridge Runners Snowmobile Club (originally approved by G&C on 6-20-12, item #156), by increasing the amount by $8,310 from $93,345 to $101,655. 100% OHRV and Snowmobile Funds.
#86 Authorized the Division of Travel and Tourism Development to award grants to the organizations as detailed in letter dated October 1, 2012, in the total amount of $11,532 for their 2012/2013 in-state and out-of-state marketing projects under the Joint Promotional Program. Effective upon G&C approval. 100% General Funds.
#87 Authorized the Division of Forests and Lands to purchase approximately 97 acres of undeveloped forestland abutting Vincent State Forest in the Town of Deering from Mrs. Lucy F. Davison, for $46,075. A recent appraisal by Scot Heath of Heath Appraisal Services places the value at $58,200. (2)Further authorized to purchase a recently appraised value of $15,00 approximately 21 acres of undeveloped forestland abutting Vincent State Forest in the Town of Deering from the Society for the Protection of NH Forests. 100% Forest Improvement Fund.
#87A Authorized the Division of Forests and Lands, Natural Heritage Bureau to accept and expend $55,612 of federal funds from the US Environmental Protection Agency to conduct a Wetland Program Development Grant project “Modeling Vernal Pool Locations and Vernal Pool Outreach”. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
#87B Authorized to enter into a sole source contract with the Granite State District Export Council, West Lebanon, NH, to provide financial administration, oversight and reporting services in compliance with the State Trade and Export Promotion II grant awarded by the US Small Business Administration, in the amount of $198,418. (2)Further authorized to make a disbursement in the amount of $118,578 to the District Export Council for their initial management of the Cross Sector Grant program and the Paris International Air Show activities for NH’s Aerospace Sector. Effective upon G&C approval through September 29, 2013. 100% Federal Funds.
FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:
#88 Authorized to transfer $100,000 of unexpended funds from Excess Registration fees to the Fish and Game OHRV Fiscal Year 2013 Operating Budget. 100% OHRV Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
#89 Authorized to acquire the fee title to a 0.8 +/- acre boat launching facility on Lake Winnipesaukee in Alton, NH from Downing Brothers Inc., Alton, NH, for the amount of $1,000,000. Effective upon G&C approval through December 31, 2012. 57% Federal, 43% Other (Public Boat Access Funds).
#90 Authorized to enter into a sole source contract with SAFE Boats International, Port Orchard Washington, to remove and replace the collar system on the Department’s marine boat, in the amount of $25,960.72. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#91 Authorized to accept and place on file the annual report of the Oil Fund Disbursement Board.
#92 Authorized to retroactively pay the Ground Water Protection Council, OK, in the amount of $7,500 for the 2012 membership dues for calendar year 2012. Effective upon G&C approval. 100% Federal Funds.
#93 Authorized to accept and expend additional funds in the amount of $89,952 from the US Environmental Protection Agency for the DES Environmental Dashboard Project. Effective upon G&C approval through September 30, 2014. 100% Federal Funds.
#94 Authorized to retroactively pay the 2013 membership dues to The Environmental Council of the States, Washington DC, in the amount of $11,000. Effective October 1, 2012 through September 30, 2013. 100% Federal Funds.
#95 Authorized to amend a sole source contract with the Business Finance Authority, Concord, NH (originally approved by G&C on 9-28-11, item #85), to assist the Drinking Water State Revolving Fund loan program in underwriting services for privately owned public water systems, by increasing the amount by $30,000 from $45,000 to $75,000. Effective upon G&C approval through June 30, 2014. 100% Federal Funds.
#96 Authorized to amend an agreement with the Town of Milford (originally approved by G&C on 7-14-10, item #66), for the Souhegan River Restoration Project: Phase 1 Feasibility Study project by changing the completion date to June 30, 2013 from December 31, 2012. No Additional Funds. 100% Federal Funds.
#97 Authorized to award grants totaling $8,520 to: the Town of Bradford, in the amount of $2,500; the Town of Danville, in the amount of $2,500; the Town of Lisbon, in the amount of $1,170; the Town of Unity, in the amount of $850; and the Town of Walpole, in the amount of $1,500 for the purpose of used oil collections. Effective upon G&C approval through November 14, 2013. 100% Hazardous Waste Cleanup Funds.
#98 Authorized to award grants totaling $10,000 to: the Town of Bennington, in the amount of $2,500; the Town of Greenfield, in the amount of $2,500; the Town of Hollis, in the amount of $2,500; and the Town of Northfield, in the amount of $2,500 for the purpose of used oil collections. Effective upon G&C approval through December 5, 2013. 100% Hazardous Waste Cleanup Funds.
#99 Authorized to amend an existing Aquatic Resource Mitigation Fund grant with the City of Franklin, NH (originally approved by G&C on 8-10-11, item #69), by increasing the ARM Fund grant amount by $18,000 to $131,500 from $113,500, and by extending the completion date to June 30, 2013 from December 31, 2012. 100% Aquatic Resource Mitigation Funds.
#100 Authorized to enter into a grant agreement with the Town of Londonderry, totaling $4,293 to fund Household Hazardous Waste collection projects. Effective upon G&C approval through June 30, 2013. 100% Hazardous Waste Funds.
#101 Authorized to amend an Aquatic Resource Mitigation Fund grant to the Trust for Public Lands, Portland, ME (originally approved by G&C On 8-10-11, item #70), by extending the completion date to June 30, 2013 from December 31, 2012. No Additional Funds. 100% Aquatic Resource Mitigation Funds.
#102 Authorized to enter into a Grant Agreement with the Province Lake Association, Effingham, NH, to complete the Development of a Watershed Plan for Province Lake Project, in the amount of $74,440. Effective upon G&C approval through December 31, 2015. 100% Federal Funds.
#103 Authorized to enter into a retroactive grant agreement with the Town of Bow, totaling $1,758 to fund Household Hazardous Waste collection projects. Effective October 1, 2012 through June 30, 2013. 100% Hazardous Waste Funds.
#104 Authorized to enter into a Grant Agreement with the Cobbetts Pond Improvement Association Inc., Windham, NH, to complete the Cobbetts Pond Restoration Plan Implementation, Phase II: Farmer Road and Horseshoe Road Areas Project, in the amount of $77,000. Effective upon G&C approval through December 31, 2014. 100% Federal Funds.
#105 Authorized to enter into retroactive grant agreements with the Town of Salem, in the amount of $3,252, and with the Town of Conway, in the amount of $2,988, totaling $6,240 to fund Household Hazardous Waste collection projects. Effective September 8, 2012 through June 30, 2013. 100% Hazardous Waste Funds.
#106 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 $28,000. Effective upon G&C approval through December 31, 2013. 100% Federal Funds.
#107 Authorized to enter into a Grant Agreement with the Town of Rye, NH, to complete the Parsons Creek Watershed Management Plan Implementation Phase I: Demonstration Stormwater BMPs and Septic System Maintenance Ordinance Proposal and Outreach Project, in the amount of $42,465. Effective upon G&C approval through December 31, 2014. 100% Federal Funds.
#108 Authorized an Allonge to Promissory Note and amendment of Loan Agreement with Stagecoach Farms Homeowners Association, Durham, NH (originally approved by G&C on 8-3-05, item #97), to finance the water system improvements project, by reducing the amount of $87,000 by $25,910.68 for a final amount of $61,089.92. Effective upon G&C approval. 100% Drinking Water State Revolving Loan Repayment Funds.
#109 Authorized a Supplemental Loan Agreement with the City of Manchester, NH, (originally approved by G&C on 7-15-09, item #53), which finalizes the original loan agreement in the amount of $5,750,000. Effective upon G&C approval. 41.5% Clean Water State Revolving Fund, 8.5% Capital (General) Funds, 50% Federal ARRA Funds.
#110 Authorized to amend a contract with GeoInsight Inc., Manchester, NH, (originally approved by G&C on 8-10-11, item #61), for site investigations, groundwater monitoring, design and remediation of petroleum contaminated sites, by increasing the amount by $20,000 from $2,008,000 to $2,028,000. (2)Further authorized to amend a contract with GZA GeoEnvironmental Inc., Manchester, NH, (originally approved by G&C on 7-13-11, item #54), for site investigations, groundwater monitoring, design and remediation of petroleum contaminated sites, by increasing the amount by $25,000 from $3,495,000 to $3,520,000. (3)Further authorized to amend a contract with Ransom Environmental Consultants Inc., Portsmouth, NH, (originally approved by G&C on 7-13-11, item #51), for site investigations, groundwater monitoring, design and remediation of petroleum contaminated sites, by increasing the amount by $25,000 from $1,715,000 to $1,740,000. Effective upon G&C approval through June 30, 2015. 100% Oil Pollution Control Funds. (4)Further authorized to amend a contract with Weston Solutions Inc., Concord, NH, (originally approved by G&C on 7-13-11, item #53), for site investigations, groundwater monitoring, design and remediation of petroleum contaminated sites, by increasing the amount by $130,000 from $4,657,000 to $4,787,000. Effective upon G&C approval through June 30, 2015. 23% Oil Pollution Control, 77% GREEF.
#111 Authorized to retroactively enter into a sole source Joint Funding Agreement with the US Geological Survey, Pembroke, NH, for streamflow gaging, in the amount of $140,947.50. Effective October 1, 2012 through June 30, 2013. 26.4% Dam Maintenance, 73.6% General Funds.
#112 Authorized to enter into a retroactive sole source agreement with the University of Massachusetts, Department of Geosciences, Amherst, MA, to perform laboratory analyses on 64 bedrock samples, in the amount of $10,000. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
#113 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 $156,600. Effective upon G&C approval through June 30, 2015. 100% WRBP Funds.
#114 Authorized to enter into an agreement with GEI Consultants Inc., Portland, ME, to complete engineering analyses for the Alton Power Dam and the Milton Three Ponds Dam in Alton and Milton, NH, in an amount not to exceed $297,033. Effective upon G&C approval through December 31, 2013. 100% Capital General Funds.
#115 Authorized to amend an agreement with Jeffrey H. Taylor & Associates Inc., Concord, NH, (originally approved by G&C on 4-4-07, item #63A), for facilitation and research services in support of the Salt Reduction Workgroup relative to the I-93 expansion project, by extending the completion date to December 31, 2014 from December 31, 2012, by changing the schedule and payment amounts associated with Tasks 7, 8, and 9, and by increasing the amount by $7,000 to $127,800 from $120,800. 100% Interagency Transfer Funds.
#116 Authorized Gail and Joel Wildstein’s request to perform work on Lake Winnipesaukee in Gilford.
#117 Authorized Timothy Ciasulli’s request to perform work on Lake Winnipesaukee in Tuftonboro.
#118 Authorized the City of Portsmouth DPW’s request to perform work on the Piscataqua River in Portsmouth.
NEW HAMPSHIRE VETERANS HOME
The Governor and Council acted as follows:
#119 Authorized to accept and place on file the list of monies totaling $11,180.34 received during the period of July 1, 2012 to September 30, 2012 as a result of fundraising drives from various organizations and from personal contributions.
#120 Authorized to exercise a retroactive sole source contract extension with Daniels Equipment Co Inc., Auburn, NH, (originally approved by G&C on 10-3-07, item #76), for the sole purpose of providing Ozone Laundry Washing System and Preventative Maintenance for the NH Veterans Home, by increasing the amount by $16,800 from $75,600 to $92,400. Effective July 1, 2012 through June 30, 2013. 100% General Funds.
DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:
#121 Authorized to amend the sole source contract with The National Center for the Improvement of Education Assessment Inc., Dover, NH, (originally approved by G&C on 7-11-12, item #90), to provide technical assistance for the NH state assessment and accountability systems, by increasing the amount by $120,000, to an amount not to exceed $284,120. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 49% General, 44% Federal ARRA, 7% Teacher Credential Funds.
#122 Authorized to enter into a contract with the Plymouth State University College of Graduate Studies, to support the NH Department of Education Title IIA State Agency for Higher Education initiative to support Rural School Districts in NH, in an amount not to exceed $570,258. Effective upon GT&C approval through June 30, 2013. 100% Federal Funds.
#123 Authorized the Division of Instruction to contract with Diane Law, East Rochester, NH, to provide technical assistance and support to schools and districts in need of improvement, in an amount not to exceed $17,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds
#124 Authorized the Division of Instruction to contract with Barbara Cohen, Antrim, NH, to provide technical assistance and support to schools and districts in need of improvement, in an amount not to exceed $17,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds
#125 Authorized to enter into a contract with Southeastern Regional Education Service Center, Bedford, NH, to develop a comprehensive professional development plan and service delivery model for transitioning NH educators to the Common Core Standards, in an amount not to exceed $99,981. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#126 Authorized with Councilor Wheeler voting no, to retroactively pay the FY 2013 membership renewal fee to the MBA Research and Curriculum Center MarkED Resource Center, in the amount of $2,768. 100% General Funds.
#127 Authorized with Councilor Wheeler voting no, the Bureau of Career Development to retroactively pay the FY 2013 membership renewal fee to the National Association of State Directors of Career and Technical Education Consortium, in the amount of $4,907. 97% General, 3% Federal Funds.
#128 Authorized with Councilor Wheeler voting no, to pay the State Consortium on Educator Effectiveness of the Council of Chief State School Officers, an FY 13 annual service fee in the amount of $18,500. 100% Teacher Certification Funds.
#129 Authorized the Division of Higher Education to retroactively amend a memorandum of agreement with Community College System of NH, Concord, NH (originally approved by G&C on 10-12-11, item #69), to increase the knowledge of community college opportunities and awareness of mathematics pre-requisites and graduation requirements, increase the financial literacy of students and their postsecondary aspirations, enrollment and persistence, improve guidance and admissions staff knowledge and understanding of mathematics requirements, and increase the mathematics preparedness of at-risk students through its Mathematics Learning Communities, by extending the end date from August 14, 2012 through January 31, 2013. No Additional Funds.
#130 Authorized the Division of Instruction to contract with Diane Law, East Rochester, NH, to provide technical assistance and support to Title I schools and districts in need of improvement, in an amount not to exceed $10,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#131 Authorized the Division of Instruction to contract with Martha Brennan, Pittsfield, NH, to provide technical assistance and support to Title I schools and districts in need of improvement, in an amount not to exceed $8,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#132 Authorized to secure the services of Brian Philpot, Westford, MA, for the purpose of collaborating with the Department of Education to develop reports and queries using Structured Query Language and to develop and/or enhance ASP.net applications. The consultant will be assigned to work on existing systems or create renew reports, queries and web applications to meet the outcomes specified in the Statewide Longitudinal Data System grant, in an amount not to exceed $39,100. Effective December 1, 2012 or upon G&C approval, whichever is later, through June 30, 2013. 100% Federal Funds.
#133 Authorized to enter into a contract with 2Revolutions LLC, New Rochelle, NY, to create a comprehensive statewide solutions to support all districts in participation of on-line virtual networks. This includes expanding the Department’s KnowledgeBase of targeted education content, providing an expansive support system to ensure successful engagement across NH educators, and providing a social media network to enable online collaboration, training and resource collection, in an amount not to exceed $802,500. Effective upon G&C approval through October 31, 2017. 100% Federal Funds.
#134 Authorized the Division of Instruction to contract with KAL Consulting, Dover, NH, to provide improvement support and technical assistance to NH schools and districts as part of the Statewide System of Support to improve student achievement, in an amount not to exceed $43,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#135 Authorized the Division of Instruction to contract with Rose Colby, Epping, NH, to provide technical assistance and support in the development of high quality competencies, in an amount not to exceed $27,500. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#136 Authorized the Division of Instruction to contract with Robert F. Hanson Jr., Strafford, NH, to provide improvement support and technical assistance to NH schools and districts as part of the Statewide System of Support to improve student achievement, in an amount not to exceed $23,600. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
#136A Authorized to enter into a contract with the Center for Collaborative Education, Boston, MA, to take the lead in the development of a statewide performance assessment system for NH students, in an amount not to exceed $375,000. Effective upon G&C approval through June 30, 2013, with the option to renew for up to one additional fiscal year. 100% Federal Funds.
MCAULIFFE-SHEPARD DISCOVERY CENTER
#136B The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu authorized the request to enter into an agreement with Tier One Construction Inc., Manchester, NH, to construct a canopy over the emergency exit door on the Discovery Center’s north side, in an amount not to exceed $13,721.98. (2)Further authorized to make a payment in the amount of $2,000. Effective upon G&C approval through December 31, 2012. 100% Capital Funds.
DEPARTMENT OF SAFETY
The Governor and Council acted as follows:
#137 Authorized the Division of Fire Standards and Training and Emergency Medical Services to budget and expend $454,500 of the prior year carry forward balance in the Fire Standards Instruction account to fund additional personnel and travel expenses for the part-time instructors and evaluators. Effective upon G&C approval through June 30, 2013. 100% Agency Income. Contingent upon Fiscal Committee approval on November 8, 2012.
#138 Authorized to retroactively approve the continuation of one temporary part-time Program Assistant II (LG 15), (originally approved by G&C on 8-8-12, item #122), from the original end date of September 30, 2012 through June 30, 2013, to provide training on interlock devices and maintain communication with associated divisions and agencies involved with the Ignition Interlock Program. (2)Further authorized to accept and expend $37,098 for increased training on interlock devices as detailed above, utilizing the previously established part-time position. Effective September 30, 2012 through June 30, 2013. 100% Agency Income. Contingent upon Fiscal Committee approval on November 8, 2012.
#139 Authorized the Division of State Police to amend a grant received from the Department of Justice, Office of Justice Programs ( originally approved by G&C on 5-9-12, item #98), for the purpose of reducing and deterring serious crime in NH, by retroactively extending the end date of the grant from September 30, 2012 to June 30, 2013. No Additional Funds. (2)Further authorized to retroactively amend a memorandum of agreement with the City of Manchester, for the enforcement of activities relating to gang, undercover drug investigations, by extending the end date from September 30, 2012 to September 30, 2013. 100% Federal Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
#140 Authorized the Division of State Police to amend item #329, approved by G&C on June 22, 2011, by retroactively extending the end date from September 30, 2012 to December 31, 2012, and to reallocate grant funds of $25,825 from the Department of Justice, Office of Justice Programs, for the purpose of reducing and deterring serious crime in NH. No Additional Funds. 100% Federal Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
#141 Authorized to transfer $618,478 within federal grants entitled “FY 2008 Homeland Security Grant Program”, “FY 2009 Homeland Security Grant Program”, and “FY 2010 Homeland Security Grant Program” from the US Department of Homeland Security/FEMA, Preparedness Directorate, to re-align appropriated funds for the purpose of executing the mission of the Homeland Security Grant funding at the local and state level. Effective upon G&C approval through June 30, 2013. 100% Federal Funds. Contingent upon Fiscal Committee approval on November 8, 2012.
#142 Authorized with Councilor Wheeler voting no, the Division of State Police to retroactively pay annual membership dues in the amount of $6,000 to the National Association of State Boating Law Administrators Inc., Lexington, KY, for the period of October 1, 2012 through September 30, 2013. 100% Federal Funds.
#143 Authorized with Councilor Wheeler voting no, the Division of Fire Standards and Training and Emergency Medical Services to pay sole source annual licensing fees to the International Association of Firefighters, Washington, DC, for an amount not to exceed $5,000, for a one year licensing agreement, to continue to provide the Candidate Physical Ability Test. Effective upon G&C approval through June 30, 2013. 100% Agency Income (fees charged to candidates to take the CPAT exam).
#144 Authorized the Division of Motor Vehicles to retroactively pay Jorge Archundia for hours worked from July 23, 2011 through June 30, 2012 in the amount of $1,455.35 for pas due increment using SFY13 funds, for services provided in SFY12. Effective upon G&C approval. 100% Highway Funds.
#145 Authorized the Division of Fire Standards & Training and Emergency Medical Services to enter into a sole source agreement with the National Registry of Emergency Medical Technicians, Columbus, OH, to provide voucher numbers for on-line testing services, in an amount not to exceed $37,800. Effective upon G&C approval through June 30, 2014. 100% Fire and EMS Funds.
#146 Authorized to accept and expend Disaster FEMA funds in the amount of $2,637 from the State of NH, Department of Safety, Division of Homeland Security and Emergency Management, for cost incurred during the declared event of the May 2012 Floods. Effective upon G&C approval through June 30, 2013. 100% Agency Income.
#147 Authorized the Division of Homeland Security and Emergency Management to accept and expend Legislative Pre-Disaster Mitigation funds from the Federal Emergency Management Agency in the amount of $53,822 for the implementation of cost-effective flood mitigation projects. Effective upon G&C approval through June 30, 2013. 100% Federal Funds.
#148 Authorized the Division of Homeland Security and Emergency Management to amend a grant agreement with the Town of Dorchester, NH (originally approved by G&C On 5-25-11, item #113), for the completion of three projects, by extending the end date from December 31, 2012 to December 31, 2013. 100% Federal Funds.
#149 Authorized the Division of Homeland Security and Emergency Management to enter into a grant agreement with the Town of Bedford, to purchase 28 multi-band portable radios for the Police Department for a total of $65,655. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.
#150 Authorized the Division of Homeland Security and Emergency Management to enter into a grant agreement with the Town of Bedford, to upgrade their communications dispatch center, which is part of the community’s Emergency Operations Center, with dispatch console stations, base radios, a dual band mobile radio, and two microwave links for a total amount of $154,000. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.
#151 Authorized the Division of Homeland Security and Emergency Management to enter into a grant agreement with the Town of Goffstown to enhance the Public Works Department’s radio system by purchasing mobile radios, portable radios, base radios and repeaters for a total amount of $53,790. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.
#152 Authorized the Division of Homeland Security and Emergency Management to enter into a grant agreement with the Rockingham Planning Commission, for the purpose of developing and writing the Seacoast Climate Adaptation and Mitigation Plan, in the amount of $72,486. Effective upon G&C approval through September 6, 2015. 100% Federal Funds.
#153 Authorized the Division of Homeland Security and Emergency Management to amend a grant agreement with the Town of Greenville, NH (originally approved by G&C on 8-10-11, item #122), to complete a project, by extending the end date from December 31, 2012 to March 8, 2014. No Additional Funds. 100% Federal Funds.
DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:
#154 Authorized the Bureau of Right of Way petition for a hearing on the reconstruction of US 2 (Bridge Street) and US 3 (Main Street, North Main Street), in the Town of Lancaster, and if the necessity is found, to layout the new highway at this location, with a suggested budget of $2,500.
#155 Authorized the Bureau of Right of Way to pay various owners $1,286,690.26 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from September 25, 2012 through October 17, 2012. Effective upon G&C approval.
#156 Authorized the Bureau of Finance and Contracts to pay Small Claims in the previous first quarter of FY 2013 totaling $923.20 for individual amounts less than $600. (2)Further authorized to pay small claims for the next fiscal year quarter, October 1, 2012 through December 31, 2012. 100% Highway Funds.
#157 Authorized the Bureau of Right of Way to sell and grant an access point through the Limited Access Right of Way of NH Route 111 for the connection of Frye Road and NH Route 111 in Danville to the Town of Danville for $25,500 plus a $1,100 Administrative Fee. Effective upon G&C approval. 50% Federal, 50% Highway Funds.
#158 Authorized the Bureau of Right of Way to transfer control and maintenance responsibility of State owned land with improvements consisting of 6 +/- acres located in the Town of Bartlett to the NH Department of Resources and Economic Development for a period of two years. (2)Further authorized the Department of Resources and Economic Development to accept control and maintenance responsibility of a parcel of State owned land with improvements consisting of 6 +/- acres located in the Town of Bartlett from the NH Department of Transportation, to the NH Department of Resources and Economic Development at no cost. Effective upon G&C approval.
#159 Authorized the Bureau of Mechanical Services amended DOT Equipment Acquisition Plan for Fiscal Year 2013. (2)Further authorized to expend, encumber or obligate funds from the appropriations with the amounts appropriated for Fiscal Year 2013.
#160 Authorized the Bureau of Turnpikes to enter into a contract with Interstate Electrical Services Corp., Bedford, NH, for Fire Alarm Inspection and Services for facilities maintained by the Bureaus of Turnpikes, Traffic and District 5. Effective upon G&C approval through June 30, 2014. 65% Turnpike, 35% Highway Funds.
#161 Authorized the Bureau of Highway Design to amend an agreement with McFarland-Johnson Inc., Concord, NH, and Binghamton, NY (originally approved by G&C on 6-25-08, item #309), for preliminary and final design for the rehabilitation of four red-listed bridges along the Interstate 93 corridor in the Town of Bow and City of Concord, by increasing the fee by $520,859.66 from $1,505,028.45 to $2,025,888.11, and by extending the completion date from November 20, 2012 to June 2, 2014. 100% Turnpike Funds.
#162 Authorized the Bureau of Rail & Transit to enter into a retroactive renewal of an Operating Agreement with the New England Southern Railroad Inc., Goffstown, NH (originally approved by G&C on 6-27-90). Effective July 1, 2012 through June 30, 2022. 100% Agency Income.
#163 Authorized the Bureau of Rail & Transit to enter into an agreement with Flight Line Inc., Salem, NH, to initiate daily bus service between Portsmouth and Manchester, for an amount not to exceed $2,436,135. Effective upon G&C approval through June 30, 2016. 100% Federal Funds.
#164 Authorized the Bureau of Turnpikes to enter into a contract with Travelers Marketing LLC, Wellesley, MA, for sponsorship of the Bureau of Turnpikes Motor Service Patrol along Interstate 95 and the Spaulding Turnpike for a fee to be paid to the Bureau of Turnpikes in the amount of $145,500. Effective upon G&C approval through November 30, 2015, with the option to renew for two additional two-year periods. (2)Further authorized to accept and expend Sponsorship Fees from Travelers Marketing LLC for sponsorship of the Bureau of Turnpikes Motor Services Patrol along Interstate 95 and the Spaulding Turnpike, in the amount of $45,300. Effective upon G&C approval through June 30, 2013. 100% Other Funds – Sponsorship Fees.
#165 Authorized the Bureau of Turnpikes to transfer funds in the amount of $85,000 from the Turnpike General Reserve Account to budget and expend revenue for training essential to ensure staff members are compliant with various safety related items and for compensation for auxiliary volunteer winter maintenance workers. Effective upon G&C approval through June 30, 2013. 100% Turnpike Funds.
#166 Authorized the Bureau of Construction to enter into a contract with Weaver Brothers Construction Co Inc., Concord, NH, for removal of the US 1 bridge over the US 1 bypass and reconstruction of the US Route 1 bypass and US Route 1 intersection in Portsmouth, on the basis of a low bid of $4,317,581.60. (2)Further authorized a contingency in the amount of $215,879.08 for payment of latent conditions which may appear during the construction of the project. Effective upon G&C approval through August 22, 2014. 100% Federal Funds.
*
ITEM REMOVED FROM TABLE
The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, voted to remove item
#29- which was tabled at the October 17, 2012 Meeting.
ATTORNEY GENERAL – DEPARTMENT OF JUSTICE
#29 DENIED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, voted to deny the petition of Joshua D. Brunet (age 27) requesting a pardon hearing for the offenses of Habitual Offender and Operating After Suspension. The petitioner is not eligible for an annulment.
*
ITEM REMOVED FROM TABLE
The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, voted to remove item
#30- which was tabled at the October 17, 2012 Meeting.
ATTORNEY GENERAL – DEPARTMENT OF JUSTICE
#30 DENIED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu, voted to deny the petition of Darryl Bickham (age 51) requesting a pardon hearing for the offense of Aggravated Felonious Sexual Assault. The petitioner is not eligible for an annulment.
*
LATE ITEM – TABLED
DEPARTMENT
OF ADMINISTRATIVE SERVICES
A2. TABLED – The
Governor and Council on motion of Councilor Wheeler, seconded by Councilor
Sununu, and with Councilor St. Hilaire voting no, tabled the request of the Bureau of
Public Works Design and Construction to enter into a sole source contract
with Greene & Russell, Inc., Concord, for a total price not to exceed
$223,225, for the Regional Training Institute and Barracks Facility in
Pembroke. Effective
upon G&C approval through June 30, 2013, unless extended in accordance with
the contract terms. 100% Federal Funds.
*
APPROVED LATE ITEMS
A1. Authorized to accept and place on file the report and findings of Councilor Raymond Wieczorek with regard to the financing of certain improvements as well as refinancing of certain existing indebtedness in connection with Catholic Medical Center, Manchester.
B. Authorized to amend grant funds from grant
#SBAHQ-11-IT-0038 in the amount of $33,490 between classes for the best use of
available funds awarded by the US Small Business Administration-State Trade and
Export Promotion (STEP) Grant and retroactively extend the grant end
date from Sept. 29, 2012 to June 30, 2013.
100% Federal Funds. Approved by Fiscal
Committee Nov. 8, 2012.
C. Authorized
to enter into a contract with Robert Half International, Manchester, for
temporary data entry services in an amount not to exceed $117,000 to commence
upon the date of G&C approval and extend up to 20 consecutive weeks,
beginning on or about Nov. 15, 2012 to April 11, 2013. 100% General Funds.
*
The Next regular Governor and Executive Council meeting is scheduled for Wednesday, December 5, 2012, at the State House, Concord, NH.
Honorable Board then
Adjourned at 12:30 p.m.