GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, NH

                                                                                November 2, 2005, 10:00 a.m.

 

 

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

 

The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, accepted the minutes of October 21, 2005.

 

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Burton approved the appointment of several persons nominated for Civil Commissions from the October 21, 2005 meeting. 

 

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

 

The Governor and Executive Council and with Councilor Spaulding, Councilor Griffin and Councilor Wieczorek voting no, denied the request to issue a precept calling for a special election to fill the vacancy for state representative in Hillsborough County District 7. (Goffstown, Weare).

 

The Governor and Executive Council with Councilor Griffin voting no, issued a precept calling for a special election to fill the vacancy for state representative in Rockingham County District 3. (Auburn, Londonderry)

The filing period will be from November 7-14, 2005

The primary election will be held on December 20, 2005

The Special election will be held on January 24, 2006

 

 

RESIGNATIONS

The Governor and Council accepted the following with regret:

 

State Historical Resources Council

Sheryl Hack, Canterbury                                                                                     Effective: Upon Acceptance

 

Associate Justice of the Supreme Court

Joseph P. Nadeau, Durham                                                                                Effective: December 31, 2005

 

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

State Committee on Aging

(Sullivan County)

Sean Lyon, i, Springfield                                                                                     Effective: November 2, 2005

Succeeding: Irene Gavin, Charlestown                                                             Term: June 24, 2007

 

Alcohol and Drug Prevention, Intervention and Treatment Commission

(Drug Abuse Treatment)

Joseph Diament, Newfields                                                                                Effective: November 2, 2005

Succeeding: David Charlesworth, Bedford                                                      Term: September 20, 2008

 

Alcohol and Drug Prevention, Intervention and Treatment Commission

(Drug Abuse Prevention)

Alan Robichaud, Belmont                                                                                  Effective: November 2, 2005

Succeeding: William Butynski, Hinsdale                                                         Term: September 20, 2008

 

Fire Standards and Training Commission

Nominated by the NH Association of Fire Cheifs

Michael Williams, Hooksett                                                                               Effective: November 2, 2005

Succeeding: Ronald P. O’Keefe, Lee (no longer a full-time fire chief)         Term: November 12, 2006

 

Fire Standards and Training Commission

Nominated by the Fire Instructors and Officers Association of NH

Stephen M. Carrier, Gilford                                                                                 Effective: November 2, 2005

Reappointment                                                                                                     Term: February 15, 2008

 

Nash Stream Forest Citizens Committee

(Environmental Organization)

Wendell M. Lees, Kearsarge                                                                              Effective: November 2, 2005

Vacancy                                                                                                                 Term: November 2, 2008

 

State Radiation Advisory Committee

(Life Science)

Richard A. Fralick, Ph. D., Durham                                                                    Effective: November 2, 2005

Reappointment                                                                                                     Term: October 14, 2009

 

State Radiation Advisory Committee

(Physical Science)

James P. Tarzia, East Hampstead                                                                       Effective: November 2, 2005

Reappointment                                                                                                     Term: October 14, 2009

 

Real Estate Appraisers Board

(Real Estate Appraiser)

Steven H. Berg, Portsmouth                                                                               Effective: November 2, 2005

Reappointment                                                                                                     Term: August 12, 2008

 

Real Estate Appraisers Board

(Public Member)

Sally Sullivan, Concord                                                                                       Effective: November 2, 2005

Reappointment                                                                                                     Term: September 16, 2008

 

Rivers Management Advisory Committee

(Representative of Fish & Game Commission)                                                Effective: November 2, 2005

Walter A. Morse, Hillsborough                                                                         Term: September 28, 2006  

Succeeding: James J. Jones, Northfield (no longer a member of the Fish & Game Commission)

 

Waste Management Council

(Professor of Environmental Science in Sanitary Engineering)

Nancy E. Kinner, Ph.D., Lee                                                                               Effective: November 10, 2005

Reappointment                                                                                                     Term: November 10, 2009

 

Waste Management Council

(Municipal Public Works Field)

Carl L. Quiram, PE., Goffstown                                                                           Effective: November 2, 2005

Reappointment                                                                                                     Term: November 10, 2009

 

State Commission on the Status of Women

Laurie L. Chandler, East Kingston                                                                    Effective: November 2, 2005

Reappointment                                                                                                     Term: October 20, 2008

 

State Commission on the Status of Women

Valerie Cunningham, Portsmouth                                                                      Effective: November 2, 2005

Succeeding: Phyllis K. Abel, Portsmouth (reached term limit)                     Term: October 20, 2008

 

State Commission on the Status of Women

Sylvia E. Gale, Nashua                                                                                        Effective: November 2, 2005

Succeeding: Mary Gillette, Nashua                                                                   Term: October 20, 2008

 

State Commission on the Status of Women

Lillye Ramos-Spooner, Concord                                                                        Effective: November 2, 2005

Reappointment                                                                                                     Term: October 20, 2008

 

 

NOMINATIONS

The Governor placed into nomination the following:

 

Board of Accountancy

Deborah B. Butler, Concord                                                                               Effective:  December 2, 2005

Reappointment                                                                                                     Term:  December 2, 2010

 

Air Resources Council

(Steam Power Generating Industry)

John MacDonald, Amherst                                                                                Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 24, 2009

 

Air Resources Council

(Environmental Interests)

Charles Niebling, Boscawen                                                                              Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 24, 2009

 

Athletic Trainers Governing Board

(Public Member)

Donald Manning, Manchester                                                                          Effective:  Upon confirmation

Succeeding:  Carol Burney, Penacook (resigned)                                           Term:  February 17, 2007

 

Business Finance Authority

(Elected or Appointed Official)

Steve Griffin, Berlin                                                                                              Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 3, 2008

 

Current Use Advisory Board

(Forest Landowner)

David Tellman, Whitefield                                                                                  Effective:  Upon confirmation

Reappointment                                                                                                     Term:  September 9, 2007

 

Division of Children, Youth and Families Advisory Board

(Rockingham County)

R. Bruce Boley, Portsmouth                                                                               Effective:  Upon confirmation

Reappointment                                                                                                     Term:  July 1, 2007

 

Division of Children, Youth and Families Advisory Board

(Belknap County)

Sandra T. McGonagle, Gilford                                                                           Effective:  Upon confirmation

Reappointment                                                                                                     Term:  July 1, 2008

 

Division of Children, Youth and Families Advisory Board

(Rockingham County)

Kathleen M. Olson, Windham                                                                           Effective:  Upon confirmation

Succeeding:  Sharon Dalton, Windham                                                           Term:  July 1, 2008

 

Enhanced 911 Commission

(Verizon)

Jill Healey Wurm, Londonderry                                                                         Effective:  Upon confirmation

Reappointment                                                                                                     Term:  July 8, 2008

 

Enhanced 911 Commission

(Firefighter)

Brett Scholbe, Auburn                                                                                        Effective:  Upon confirmation

Succeeding:  David Lang, Hampton                                                                 Term:  September 16, 2008

 

Enhanced 911 Commission

(Police Officer)

George F. Valliere, Gorham                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                     Term:  July 22, 2007

 

Municipal Bond Bank

(Designee of NH Municipal Association)

Kevin A. Clougherty, Manchester                                                                    Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 9, 2010

 

Pesticides Control Board

(NH Plant Growers Association)

Jeffrey Huntington, Loudon                                                                              Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 6, 2008

 

Public Utilities Commission

Clifton C. Below, Lebanon                                                                                  Effective:  Upon confirmation

Succeeding:  Michael Harrington, Strafford                                                    Term:  July 1, 2011

Salary:  JJ, Step 3: $86, 316

 

Waste Management Council

(Elected Official)

Elaine Lauterborn, Rochester                                                                             Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 10, 2009

 

 

                                BUSINESS FINANCE AUTHORITY

#1            The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding Authorized to accept and place on file the Business Finance Authority's annual financial statements and annual report for FY 2005.

 

                                OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

 

#2            Authorized to retroactively accept and expend federal funds in the amount of $165,980.13 from the Department of Homeland Security, Federal Emergency management Agency to upgrade flood hazard data and to create more accurate digital maps that will improve floodplain management across the state.  Effective October 1, 2005 through September 30, 2006.  Fiscal Committee approved.

 

#3            Authorized to accept and expend federal funds in the amount of $227,552.50 from the US Department of Health & Human Services, Administration for Children and Families, Office of Refugee Resettlement, for Social Services programs through September 30, 2006.  Effective upon G&C approval.  Fiscal Committee approved. 

 

#4            Authorized to enter into a retroactive contract with Manchester School District, Manchester, NH, to address the educational, health and mental health needs of refugee children being resettled in the City of Manchester, in an amount not to exceed $97,100.  Effective August 15, 2005 through August 14, 2006.   100% Federal Funds. 

 

#5            Authorized to enter into a memorandum of agreement with the NH Fish and Game Department in the amount of $31,440, the Department of Resources and Economic Development in the amount of $23,004, and the Department of Environmental Services in the amount of $5,000 to provide monitoring services for the State’s interest in privately owned conservation lands.  (2)Further Authorized to accept and expend $13,209.05 from Fish and Game to complete the conservation easement monitoring according the memorandum of agreement.  (3)Further Authorized to accept and expend $10,879.33 from the Department of Resources and Economic Development to complete the conservation easement monitoring according to the memorandum of agreement.  Effective upon G&C approval through June 30, 2006.  100% Other Funds. 

 

#6            Authorized to enter into a sole source agreement with the University of NH, Complex Systems Research Center, Durham, NH, to provide $121,721 to manage data coordination and data delivery activities for the Federal Emergency Management Agency’s flood map modernization program.  Effective November 2, 2005 through September 30, 2006.  100% Federal Funds. 

 

#7            Authorized to enter into a retroactive contract with Lutheran Community Services of NH, Inc., Concord, NH, to provide direct services to NH refugees in an amount not to exceed $159,000.  Effective October 1, 2005 through September 30, 2006.  100% Federal Funds. 

 

#8            Authorized to enter into a retroactive contract with the Order of Saint Benedict of NH, Inc., d/b/a St. Anselm College, Manchester, NH, to provide English for Speakers of Other Languages to NH refugees in an amount not to exceed $34,000.  Effective October 1, 2005 through September 30, 2006.  100% Federal Funds. 

 

#9            Authorized to enter into a retroactive contract with the International Institute of Boston, Boston, MA through its subsidiary the International Institute of NH, to provide direct services to NH refugees in an amount not to exceed $146,000.  Effective October 1, 2005 through September 30, 2006.  100% Federal Funds. 

 

                                OFFICE OF INFORMATION TECHNOLOGY

The Governor and Council acted as follows:

 

#10          Authorized a salary increment of $3,645 to Director Diane Delisle. Effective November 9, 2005.

 

#11          Authorized to amend an existing agreement between First Data Government Solutions, formerly known as GovConnect Incorporated, Cincinnati, OH, and the Department of Revenue Administration (previously approved by G&C on 9-4-02, item #34, amended on 6-25-03, item #53), for hosting and supporting the electronic filing application.  Effective upon G&C approval through June 30, 2009.  (2)Further Authorized to amend an existing agreement between OIT and First Data Government Solutions, formerly known as GovConnect Incorporated, Cincinnati, OH, for hosting and supporting the electronic filing application, by increasing the amount by $109,600 from $753,960 to $863,560.  Effective upon G&C approval.  100% Other Funds. 

 

                                OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

 

#12          Authorized John W. Logsdon, Laconia, NH, be nominated for promotion to the rank of Major, NH Army National Guard.  This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.

 

#13          Authorized Robert J. Stuart, Bedford, NH, be nominated for promotion to the rank of Major, NH Army National Guard.  This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.

 

#14          Authorized Michael A. Jacques, East Kingston, NH, be confirmed to the rank of Lieutenant Colonel, NH Army National Guard.

 

#15          Authorized to accept and expend additional federal funds in the amount of $120,000 from the federal government (National Guard Bureau) as part of the five-year Federal-State Master Cooperative Agreement in support of the NH Army National Guard Building Energy Conservation Initiative and Federal Energy Management Program.  (2)Further Authorized to establish one full-time temporary Engineering Technician V position, salary grade 22, at the State Military Reservation, Concord, NH.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds.   Fiscal Committee approved.

 

                                DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

 

#16          Authorized the revised schedule and status report of Capital Budget Projects Authorized under Chapter 202, Laws of 2001; Chapter 81, Laws of 2002; Chapter 240, Laws of 2003 and Chapter 259, Laws of 2005.

 

#17          Authorized the suggested quarterly allotments for state departments and agencies for Fiscal Year ending June 30, 2006.  (2)Further Authorized the Budget Officer with the prior advise and approval of the Governor to make necessary adjustments in the quarterly allotments not to exceed the total funds available for expenditures for the fiscal year.

 

#18          Authorized the Bureau of Public Works Design and Construction to enter into a contract with Major L. Rodd, Inc., St. Johnsbury, VT, for re-roofing South Pavilion, Concord, NH, for the lump sum price of $63,040.  75% General, 25% Federal Funds. 

 

#19          Authorized Bureau of Court Facilities to enter into a retroactive lease renewal with the City of Claremont, City Hall, Claremont, NH, providing 5,110 square feet of space for use of the “Claremont District Court”.  Effective July 1, 2005 through June 30, 2008.  (2)Further Authorized to waive compliance with RSA 10:B.  The non-budgeted financial burden imposed on the State to test and comply with RSA 10:B to obtain clean air certification is beyond the resources of this agency.

 

#20          Authorized Bureau of Court Facilities to enter into a retroactive lease renewal with the City of Keene, NH, providing 4,856 square feet of space for the “Keene District Court”.  Effective July 1, 2005 through June 30, 2006.  (2)Further Authorized to waive compliance with RSA 10:B.  The non-budgeted financial burden imposed on the State to test and comply with RSA 10:B to obtain clean air certification is beyond the resources of this agency.

 

#21          Authorized Bureau of Graphic Services to contract with Offtech of Maine, Inc., Westbrook, ME, for preventative maintenance and repair of printing and bindery equipment for an amount not to exceed $66,490.02.  Effective upon G&C approval through June 30, 2007.

 

                                NH DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

The Governor and Council acted as follows:

 

#22          Authorized to transfer appropriated funds in the amount of $11,000 within organizational unit of the appropriation warrant dated July 1, 2005, Chapter 176, Laws of 2005, for fiscal year 2006, for unexpected costs to administer the program statewide.  100% Federal Funds.  Fiscal Committee approved. 

 

#23          Authorized Division of Animal Industry to accept and expend grant funds from the USDA Animal and Plant Health Inspection Service in the amount of $50,000 to be used to provide financial assistance to the State in conducting premises identification, animal identification and tracking of animal movements that are collected for registration in the national repository for the National Animal Identification System Implementation.   Effective upon G&C approval through March 31, 2006.  100% Federal Funds. 

 

#24          Authorized Division of Animal Industry to accept and expend grant funds from the USDA Animal and Plant Health Inspection Service in the amount of $45,000 to be used to provide financial assistance to the State in conducting risk assessments, testing, surveillance, training and education for the Johnes Disease Program.  Effective upon G&C approval through August 17, 2006.  100% Federal Funds. 

 

                                TREASURY DEPARTMENT

The Governor and Council acted as follows:

 

#25          Authorized to accept and expend $1,001,648 in Fiscal Year 2006 additional program revenues from the period of Fiscal Committee and G&C approval to June 30, 2006.  Fiscal Committee approved. 

 

#26          Authorized the issuance of up to $44 million of turnpike revenue bonds, 2006 refunding series under RSA 237-A:7 and that the State Treasurer is Authorized to sell the bonds to a syndicate of underwriters managed by A. G. Edwards & Sons Inc.

 

#27          Authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $14,695.17 to the rightful owners of abandoned or unclaimed funds. 

 

#28          Authorized to accept and place on file the Annual Report for fiscal year ended June 30, 2005.

 

                                DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

 

#29          Authorized to award a Conservation Number Plate Grant in the amount of $10,000 to the Town of Cornish.  Effective upon G&C approval through September 30, 2006.  100% Other Funds. 

 

#30          Authorized Division of Arts to award an Operating Grant to the Sharon Arts Center in the amount of $8,400.  Effective upon G&C approval through June 30, 2006.  100% General Funds. 

 

#31          Authorized Division of Arts to award a Cultural Facility grants totaling $13,500 to the organizations as detailed in letter dated October 17, 2005.  Effective upon G&C approval through June 30, 2006.  100% General Funds. 

 

#32          Authorized Division of Arts to award an Art Links grant in the amount of $10,000 to Artists In Residence, Dover, NH.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

#33          Authorized Division of Arts to award an Artist Services New Works grant in the amount of $5,000 to NH Theatre project, Portsmouth, NH.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

#34          Authorized Division of Arts to award grant totaling $13,400 to the Friends of the Colonial Theatre, Bethlehem, NH.  Effective upon G&C approval through June 30, 2006.  60% General, 40% Federal Funds. 

 

#35          Authorized Division of Arts to award an Organizational Support Partnership Initiative Grant in the amount of $13,500 to VSA Arts of NH, Concord, NH.  Effective upon G&C approval through June 30, 2006.  100% Other Funds. 

 

#36          Authorized Division of Arts to award Arts in Education Grants totaling $12,000 to Arts Alliance of Northern NH, Littleton, NH.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

                                ATTORNEY GENERAL

The Governor and Council acted as follows:

 

#37          Authorized to appoint K. Allen Brooks as an Assistant Attorney General, at a salary level of $56,000. Mr. Brooks will be occupying a position with a five year term that expires June 30, 2009.

 

#38          Authorized to appoint Mary E Maloney as an Assistant Attorney General, at a salary level of $66,240.  Ms. Maloney will be occupying a position with a five year term that expires September 20, 2010.

 

#39          Authorized to reappoint Peter K. Odom, as an Assistant Attorney General for a term effective retroactive to October 31, 2005 through October 31, 2010.

 

#40          Authorized to accept and expend a grant from the NH Department of Justice in the amount of $63,032 to be used to assist the Office of the Chief Medical Examiner in contract staffing and equipment purchase.  Effective upon G&C approval through September 30, 2006.  100% Federal Funds.  Fiscal Committee approved. 

 

#41          Authorized to accept and expend a grant in the amount of $1,849,020 from the Federal Bureau of Justice Assistance to be utilized to improve the functioning of the criminal justice system.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds.  Fiscal Committee approved. 

 

#42          Authorized to accept and expend a grant in the amount of $140,051 from the National Institute of Justice to be utilized in support of forensic Services in NH.  (2)Further Authorized to enter into a sub-grant with the NH Department of Safety, Division of State Police, in the amount of $63,014, to be used to assist the State Police Crime Laboratory with forensic services.  (3)Further Authorized to enter into a sub-grant with the NH Office of the Chief Medical Examiner in the amount of $63,032 to be used to assist the Office of the Chief Medical Examiner in contract staffing and equipment purchase.  Effective upon G&C approval through September 30, 2006.  100% Federal Funds.  Fiscal Committee approved. 

 

#43          Authorized to enter into a supplemental sub-grant to the Administrative Office of the Court (previously approved by G&C on 12-15-04, item #40), for $7,003 to continue the Court’s efforts to combat violence against women in NH.  100% Federal Funds. 

 

                                HIGHWAY SAFETY AGENCY

#44          The Governor and Council on motion of Councilor Burton, seconded by Councilor Pignatelli Authorized to enter into a contractual agreement with the Courtyard Marriott & Grappone Conference Center, Concord, NH, to serve as the host site for the 2005 Annual Drunk and Drugged Driving Awareness Month Breakfast scheduled for November 22, 2005 in the amount of $3,450.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

                                PUBLIC UTILITIES COMMISSION

#45          The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding Authorized to continue the membership and participation in the New England Conference of Public Utilities Commissioners, for the amount of $24,000.  Effective upon G&C approval through September 30, 2006.  100% Other Funds. 

 

                                OFFICE OF THE CONSUMER ADVOCATE

#46          The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding Authorized a salary increment of $3,646 to Consumer Advocate F. Anne Ross, effective November 5, 2005.  100% Other Funds. 

 

                                DEPARTMENT OF LABOR

#47          The Governor and Council on motion of Councilor Burton, seconded by Councilor Pignatelli Authorized to renew a lease agreement with Concord Business Center/Lighthouse Trust, Concord, NH, providing 3,000 square feet of storage space located in Concord, NH.  Effective January 1, 2006 through December 31, 2010.  100% Other Funds. 

 

                                EMPLOYMENT SECURITY

The Governor and Council acted as follows:

 

#48          Authorized to enter into a service agreement with The Melanson Co., Inc., for roof replacement at NHES’s Manchester office on Hanover Street, for an amount not to exceed $125,100.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

#49          Authorized to enter into a service agreement with Kenney Locksmithing for locksmith services at NHES’s offices statewide, for an amount not to exceed $21,000.  Effective upon G&C approval through June 30, 2006 with an option to extend for up to two additional one-year periods in the annual amount of $7,000 for a total agreement limitation of $35,000 through June 30, 2008.  100% Federal Funds. 

 

#50          Authorized to enter into an agreement with Waste Management of NH, Inc., for trash removal at NHES’s Manchester office, for the total amount of $15,524.80.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

                                LIQUOR COMMISSION

The Governor and Council acted as follows:

 

#51          Authorized to reclassify position #14316 License Clerk, salary grade 11 to Legal Assistant, salary grade 19.  Effective upon G&C approval.  100% General Funds. 

 

#52          Authorized to enter into a contract with FM Emergency Generator Inc., Canton, MA, for preventative maintenance and repairs at various locations, for a total price limitation of $24,367.50.  Effective upon G&C approval through October 31, 2008.  100% General Funds. 

 

                                DEPARTMENT OF CORRECTIONS

#53          The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding Authorized to accept donations for the period of April 2005 through September 2005 with a total value of $3,753.48. 

 

                                NH FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

 

#54          Authorized to accept and expend $53,839 from the USDA-APHIS Veterinary Services to pay for chronic wasting disease monitoring and surveillance efforts in NH’s wild white-tailed deer.  (2)Further Authorized to renew a sole source contract with Cornell University, College of Veterinary Medicine, Animal Health Diagnostic Laboratory of Ithaca, NY, to perform immunohistochemical testing of wild white-tailed deer obex or retropharyngeal lymph node tissue from approximately 400 samples for the resence of chronic wasting disease for a cost not to exceed $11,500.  Effective upon G&C approval through June 30, 2006 with the option to renew dependent on satisfactory completion of services, availability of State funds and approval of the G&C.  100% Federal Funds.  Fiscal Committee approved. 

 

#55          Authorized to expend an existing 29-acre conservation easement in Newmarket, NH, by amending the easement to include an additional 3+/-acre.

 

                                DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

 

#56          Authorized to accept and expend $233,128 in grant funds awarded by the US Environmental Protection Agency for operation of a regional pollution prevention information center.  (2)Further Authorized to enter into a sole source contract with the Northeast Waste Management Officials’ Association, Boston, MA, to provide funding approved EPA for the Northeast Regional Pollution Prevention Center, in the amount of $232,895.  Effective upon G&C approval through September 30, 2006.  100% Federal Funds. 

 

#57          Authorized to enter into a contract with Michael Hansen Construction LTD, New London, NH, to restore the Browns River salt marsh in Seabrook, NH, in an amount not to exceed $278,900.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. 

 

                                DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

 

#58          Authorized to accept and place on file the transfer of funds for Cannon Mountain ski area for the quarter ending September 30, 2005.

 

#59          Authorized Division of Forests and Lands to establish 3 temporary/part-time Laborer positions to conduct urban and community forestry and forest stewardship activities at the Urban Forestry Center in Portsmouth and the Shieling Forest in Peterborough; 1 temporary/part-time Secretary Typist II to serve the needs of the NH Community Forestry Advisory Council as required by the US Forest Service; and 1 temporary/part-time Clerk III to conduct horticultural activities at the Urban Forestry Center in Portsmouth.  Effective upon G&C approval through June 30, 2006.  (2)Authorized Division of Forest and Lands to accept and expend additional federal grant funds in the amount of $37,018 from the US Forest Service for the presentation of urban forestry informational and educational programs.  Effective upon G&C approval through September 30, 2007.  100% Federal Funds.  Fiscal Committee approved. 

 

#60          Authorized Division of Forest and Lands to establish 3 temporary/part-time Laborer positions to conduct urban and community forestry and forest stewardship activities at the Urban Forestry Center in Portsmouth and the Shieling Forest in Peterborough; 1 temporary/part-time Secretary Typist II to serve the needs of the NH Community Forestry Advisory Council as required by the US Forest Service; and 1 temporary/part-time Clerk III to conduct horticultural activities at the Urban Forestry Center in Portsmouth.  Effective upon G&C approval through June 30, 2006.  (2)Authorized Division of Forest and Lands to accept and expend additional federal grant funds in the amount of $24,337 from the US Forest Service for the presentation of forest stewardship informational and educational programs.  Effective upon G&C approval through September 30, 2007.  100% Federal Funds.  Fiscal Committee approved. 

 

#61          Authorized Division of Forests and Lands to accept and expend $51,362 of federal funds to provide assistance for training and equipment to rural fire departments.  Effective upon G&C approval through September 30, 2006.  100% Federal Funds.  Fiscal Committee approved.

 

#62          Authorized Division of Parks and Recreation, Trails Bureau to budget and expend unbudgeted revenues due to excess registrations in FY 2005 as detailed in letter dated September 9, 2005.  100% Other Funds.  Fiscal Committee approved. 

 

#63          Authorized Division of Forests and Lands to accept and expend $106,345 of federal funds for maintaining statewide forest fire protection and control programs by providing emergency equipment.  Effective upon G&C approval through September 30, 2006.  100% Federal Funds.  Fiscal Committee approved.

 

#64          Authorized Division of Parks and Recreation to accept a donation in the amount of $100 for the memory of Albert Cuccinello.

 

#65          Authorized Division of Parks and Recreation Cannon Mountain to enter into a sole source lease agreement for an aged fleet lease rotation program for snow groomers with Concord Commercial a division of Alter Moneta Corporation, Duluth, GA, in the amount of $94,571.16.  Effective November 1, 2005 to June 30, 2006.  100% Other Funds. 

 

#66          Authorized Division of Parks and Recreation Cannon Mountain to enter into a retroactive service agreement on a sole-source basis with Ingersoll-Rand, Davidson, NC, for emergency repair services on Cannon Mountain’s snowmaking air compressor completed in December 2004, in the amount of $4,735.  100% Other Funds. 

 

                                NEW HAMPSHIRE VETERANS HOME

The Governor and Council acted as follows:

 

#67          Authorized to accept a list of monies, as detailed in letter dated October 17, 2005, totaling $17,728 received during the period of July 1, 2005 to September 30, 2005 as a result of fundraising drives from various organizations and from personal contributions.

 

#68          Authorized to accept and place on file the Annual Report for the Fiscal Year 2005.

 

                                DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

 

                                Glencliff Home for Elderly

#69          Authorized to accept a monetary donation from William Morris, Piermont, NH, in the amount of $1,063, and deposit same into the Patient’s Welfare Fund. 

 

#70          Authorized to accept a monetary donation from Margaret Hurll, Ryl Palm Beach, FL, in the amount of $1,000, and deposit the same into the Patient’s Welfare Fund.

 

#71          Authorized to grant a nine month unpaid leave of absence for Denise M. Downing, Licensed Practical Nurse, for the purpose of completing required courses for the attainment of a Registered Nurse license at the NH Technical College.

 

                                Division for Juvenile Justice Services

#72          Authorized to reclassify position #11659, from Plant Maintenance Engineer I, salary grade 17, to Building Service Worker II, salary grade 8.

 

#73          Authorized to accept and expend carryover balances from the previous fiscal year from the US Department of Justice, Office of Juvenile Justice and Delinquency Prevention in the amount of $355,560.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds.  Fiscal Committee approved. 

 

                                Division of Public Health Services

#74          Authorized Bureau of Disease Control, Environmental Public Health Tracking Program, to amend an agreement with the Department of Environmental Services, (previously approved by G&C on 3-10-04, item #127), to provide support to the EPHT program that includes improving the tracking of environmental hazards, human exposure, and health outcomes, by extending the end date to be retroactively effective on October 1, 2005 through June 30, 2006.

 

#75          Authorized to enter into an agreement with JSI Research & Training Institute, Inc., d/b/a Community Health Institute, Bow, NH, to provide technical writing services in the creation of a report describing the state of health within NH, in the amount of $24,622.95.  Effective upon G&C approval through March 31, 2006.  86% Federal, 14% General Funds. 

 

#76          Authorized Nutrition and Health Promotion Section to amend an agreement with Mead Johnson Nutritionals, Evansville, IN, (previously approved by G&C on 3-6-02, item #67, amended on 10-9-02, item #83, amended on 6-23-04, item #173, amended on 9-21-05, item #127), for infant formula rebate, by adding enhanced infant formula products to the list of products eligible for rebate.  Effective upon G&C approval through September 30, 2006. 

 

                                Office of Medicaid Business and Policy

#77          FAILED - The Governor and Council with Councilor Burton, Councilor Spaulding, and Councilor Griffin voting no, failed to authorize to enter into an agreement with ACS State Healthcare, LLC, Atlanta, GA, to plan, design, develop, implement, support, maintain and operate a new, updated Medicaid Management Information System which will enhance and improve the State’s operation of the Medicaid program, in the amount of $47,134,331 with an option to extend for two years in the amount of $13,726,432.  Effective November 2, 2005 or upon G&C approval, whichever is later, through November 1, 2010.  78% Federal, 22% General Funds. 

 

                                DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

 

#78          Authorized Division of Adult Learning and Rehabilitation to accept and expend agreement funds in the amount of $150,000 from DTI Associates, Inc.  Effective upon G&C approval through June 30, 2006.  100% Other Funds.  Fiscal Committee approved. 

 

#79          Authorized to accept and expend additional grant funds in the amount of $544,685 and unexpended prior year funds in the amount of $498,564.67 from the US Department of Education to improve instruction and achievement in eligible districts.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds. Fiscal Committee approved. 

 

#80          Authorized to budget and expend prior year carry forward funds in the amount of $2,341,248 for the State Assessment under the “No Child Left Behind” legislation.  Effective upon G&C approval through June 30, 2006.  100% Federal Funds.  Fiscal Committee approved. 

 

#81          Authorized to enter into a contract with Dr. Kathe Simons, Merrimack, NH, to provide professional development for the NH Reading First Program in an amount not to exceed $198,000.  (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract.  (3)Further Authorized to exercise a renewal option on this contract for two additional fiscal years, subject to the contractor’s acceptable performance of the terms of the contract as determined by the Reading First State Coordinator.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

#82          Authorized Division of Adult Learning and Rehabilitation to enter into a contract with Kang Company Inc., Concord, NH, to provide janitorial services in an amount not to exceed $9,120.  Effective January 1, 2006 through December 31, 2007 pending legislative approval of the next biennial budget.  (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract.  100% Federal Funds. 

 

#83          Authorized Bureau of Special Education to amend a lease agreement with McCarthy Properties, Wareham, MA, (previously approved by G&C on 12-18-02, Late Item #H), by extending the agreement through December 17, 2007, a at total cost of $34,399.92, pending legislative approval of the next biennium budget.  100% Federal Funds. 

 

#84          Authorized to amend a grant to NH ATECH Services, Concord, NH, (previously approved by G&C on 12-15-04, item #102), to provide technical assistance and educational support to children and youth with vision and hearing impairments not to exceed $649,974.22.  Effective January 1, 2006 through December 30, 2006.  (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education.  54% Federal, 46% General Funds. 

 

                                NH POSTSECONDARY EDUCATION COMMISSION

#85          The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Griffin Authorized to award a $32,000 grant to Keene State College for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.  Effective upon G&C approval through June 30, 2006.  100% General Funds. 

 

#86          NOT USED 

 

                                DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

 

#87          Authorized a transfer from the Highway Surplus account to the departments PAU 02-15-01-01, in the amount of $78,178.  (2)Further Authorized to establish one full-time temporary Paralegal II, labor grade 19, 37.5 hours per week.  Effective upon G&C approval through June 30, 2007.  Fiscal Committee approved. 

 

#88          Authorized Division of Motor Vehicles to retroactively extend a grant of $28,000 from the Federal Motor Carrier Safety Administration to assist in carrying out the provisions of the Commercial Drivers License Program.  Effective September 30, 2005 to September 30, 2006.  100% Federal Funds. 

 

#89          Authorized a waiver from Administrative Rule 308.05(c)(2), which requires the G&C approval for employees to travel out of state over a 300 mile radius via a state or personal vehicle, to be used for trips over the 300 mile radius when the purpose if related to criminal investigations only.  Effective upon G&C approval through June 30, 2007.

 

#90          Authorized Division of Emergency Services, Communications and Management to retroactively pay Erin Linehan, $228.59 for SFY 2005 wages and benefits because the annual evaluation was not received as required.  Effective March 9, 2005 to June 9, 2005.

 

#91          Authorized Division of State Police to enter into a $14,000 contract with 12 East Ridge Property Maintenance of Freedom, NH, for snow removal at the Troop E building in Tamworth.  Effective upon G&C approval through June 30, 2007.

 

                                DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

 

#92          Authorized with Councilor Griffin voting no, to accept and place on file the Bureau of Right of Way’s Contemplated Award List for the period of September 30, 2005 through October 11, 2005.

 

#93          Authorized to accept and place on file the Equipment Acquisition Plan for FY 2006-FY 2007.  (2)Further Authorized to expend, encumber or obligate funds in accordance with the amount appropriated for Fiscal Year 2006 and 2007.

 

#94          Authorized Bureau of Construction to amend a contract with R.S. Audley Inc., Bow, NH, (previously approved by G&C on 4-2-03, item #96), for road and bridge improvements at the NH 101/US 3 interchange in Bedford, by increasing the amount by $1,333,000 from $14,795,336.56 to $16,128,336.56. 90% Federal, 8% General, 2% Other Funds. 

 

#95          Authorized Bureau of Highway Design to enter into a sole source agreement with Maine Technical Source Inc., Yarmouth, ME for maintenance and repairs to total station survey equipment in the amount of $20,000.  Effective upon G&C approval from Notice to proceed through October 19, 2007.  100% Highway Funds. 

 

#96          Authorized Bureau Rail & Transit to accept and expend Federal Transit Administration funds for the Jobs Access and Reverse Commute Program in the amount of $49,534.  (2)Further Authorized to enter into an agreement with Tri-County Community Action program, Berlin, NH, to operate a transit route between Littleton and Lancaster, NH.  Effective upon G&C approval through October 31, 2008.  100% Federal Funds. 

 

#97          Authorized Bureau of Rail & Transit to amend an agreement with VNA@HCS Inc., (previously approved by G&C on 6-22-05, item #538), to assist the public transit agency with additional administrative costs associated with management of the transit system and to purchase a personal computer for scheduling and the dispatching functions for the system, by increasing the amount by $3,000 from $291,658 to $294,658.  6% State, 92% Federal, 2% Other Funds. 

 

#98          Authorized Bureau of Construction to enter into a contract with Winterset Inc., Lyndonville, VT, for replacement of the bridge over the Connection River between the Towns of Clarksville and Pittsburg along NH Route 145 on the basis of a single bid of $2,857,127.60.  Effective upon G&C approval through October 6, 2006.  100% Other Funds. 

 

                                DEPARTMENT OF LABOR

#99          The Governor and Council on motion of Councilor Burton, seconded by Councilor Pignatelli Authorized a salary increment of $4,545 to the Commissioner of Labor, George N. Copadis, effective November 12, 2005.  90% Other, 10% General Funds. 

 

#100                                                        TUITION REQUESTS

The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Burton, Authorized the requests:

 

A.            ENVIRONMENTAL SERVICES - Request permission to pay Hesser College, Manchester, NH, the sum of $699.00 for the sole purpose of enrolling Linda Lester, Clerk III, in the course entitled “Word Information Processing”.

 

B.            HEALTH & HUMAN SERVICES, Division for Children, Youth and Families - Request permission to pay Springfield College, Springfield, MA, the sum of $323.00 for the sole purpose of enrolling Regan Beauchesne, Child Protective Services Worker, in the distance learning course entitled “Human Biology for Social Workers”.

 

C.            HEALTH & HUMAN SERVICES, Division of Community Based Care Services - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $675.00 for the sole purpose of enrolling Cathy Creapaux, Program Specialist IV, in the course entitled “Aging in Modern Society”.

 

D.            HEALTH & HUMAN SERVICES, Office of Medicaid Business and Policy - Request permission to pay Hesser College, Manchester, NH, the sum of $699.00 for the sole purpose of enrolling Jane Hybsch, RN, Administrator III, in the course entitled “Legal Research”.

 

E.             HEALTH & HUMAN SERVICES, Office of Medicaid Business and Policy - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $2,604.00 for the sole purpose of enrolling Rebecca Lorden, Accountant III, in the courses entitled “Seminar in Leadership” and “Marketing Management”.

 

F.             LOTTERY - Request permission to pay Hesser College, Nashua, NH, the sum of $699.00 for the sole purpose of enrolling Leonard Mannino, Chief Security Officer, in the course entitled “Social Anthropology”.

 

 

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

 

#101        Authorized Division of State Police to pay the invoices as detailed in letter dated October 25, 2005, in the amount of $4,125 to JBI Helicopter Services, Pembroke, NH, for the services provided on October 9&11, 2005 to help in the search in the Alstead flood area.  Effective upon G&C approval.  100% Highway Funds. 

 

#102        Authorized with Councilor Pignatelli voting no, Division of Motor Vehicles, to amend an existing contract with Gordon-Darby NHost Services Inc., Louisville, KY, (previously approved by G&C on 3-23-04, item #271), to include the legislative changes to the OBD II electronic emissions and safety inspection program adopted by Chapter 296, laws of 2005 as outlined in letter dated October 18, 2005 and to change the end date of the contract from June 23, 2009 to June 30, 2010.

 

                                DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

#103        TABLED– The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Spaulding, and with Councilor Burton and Councilor Griffin voting no, voted to table to the November 16, 2005 Governor and Council meeting the request of the Division of Parks and Recreation to purchase at the market value of $2,160,000 two certain tracts of undeveloped land totaling $7,200 acres in the Township of Berlin, NH, from Thomas R. Dillon and Scott A. Dillon.  Effective upon G&C approval.  (2)Further Authorized to accept, from the City of Berlin, the gift of 293 acres of land and water, with improvements known as “Jericho Lake” and 10 acres of land completely within the confines of the Dillon property being offered, both located in the Township of Berlin, NH.  (3)Further Authorized to accept the gift of certain 6.6-mile by 30 foot-wide recreational trail easement in the Township of Berlin, NH, from Thomas R. Dillon and Scott A. Dillon.  100% Other Funds. 

 

 

 

LATE ITEMS

 

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

A.            Authorized to enter into a sole source agreement with Ingersoll-Rand Inc., Davidson, NJ, for overhaul of Cannon Mountain’s snowmaking air compressor, in the amount of $21,549.

 

 

 

 

 

 

Next Governor and Executive Council meeting is scheduled for Wednesday, November 16, 2005 at 10:00 a.m. at the State House, Concord, NH.

 

The Honorable Board then Adjourned