GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
February 2, 2011, 10:00 a.m.
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The Governor and Executive Council convened at 10:00 a.m. with Councilors Burton, St. Hilaire, Sununu, and Wheeler present. Councilor Wieczorek was delayed because of the weather, but he joined the meeting later on.
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Councilor St. Hilaire offered the prayer and led the Pledge of Allegiance.
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The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wheeler, accepted the minutes of January 19, 2011.
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The Governor and Executive Council, on motion of Councilor St. Hilaire, seconded by Councilor Wheeler approved the appointment of several persons nominated for Civil Commissions from the January 19, 2011 meeting.
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The Governor placed in nomination the several persons who applied for Civil Commissions.
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RESIGNATIONS
The Governor and Council, accepted the following resignation:
Air
Resources Council
(General
Public)
Linda
Garrish Thomas, Manchester Effective:
February 2, 2011
Community
College System Board of Trustees
(Business
and Industry)
Lori
Hitchcock, Portsmouth Effective:
February 2, 2011
Non-Medical
Director of the Division of Medical and Psychiatric Services of the Department
of Corrections
Robert
MacLeod, DHA, Concord Effective:
February 2, 2011
Real
Estate Appraisers Board
(Certified
Residential Appraiser)
Kristen
Eldridge, Meredith Effective:
February 2, 2011
CONFIRMATIONS
The Governor and Council confirmed the following:
Department
of Administrative Services, Director, Division of Personnel
Nominated
by the Commissioner of the Department of Administrative Services
Karen
D. Hutchins, Concord Effective: February 2,
2011
Reappointment Term: January 1, 2015
Salary: Grade HH, Step 4 - $93,812
Air
Resources Council
(General
Public)
Robert
Duval, Manchester Effective: February 2,
2011
Reappointment Term: November 21, 2014
Air
Resources Council
(Manufacturing)
Steven
J. Walker, Peterborough Effective: February 2, 2011
Reappointment Term: November 1, 2014
State
Council on the Arts
Susan
V. Duprey, Concord Effective: February 2,
2011
Succeeding: Edra Toth, Farmington (resigned) Term: October 28, 2011
State
Council on the Arts
Timothy
G. Sink, Concord Effective: February 2,
2011
Succeeding: Karen Smith, Exeter (resigned) Term: November 23, 2013
Athletic
Trainers Governing Board
Kerri
A. Lafond, Keene Effective: February 2,
2011
Reappointment Term: January 8, 2014
Board
of Court Reporters
(Public
Member)
Brent
T. Lemire, Litchfield Effective: February 2,
2011
Reappointment Term: January 30, 2016
Enhanced
911 Commission
Nominated
by the NH Association of Chiefs of Police
James
S. Valiquet, Newbury Effective: February 2,
2011
Reappointment Term: July 8, 2013
Electricians’
Board
(Master
Electrician)
Peter
Cicolini, Middleton Effective: February 2,
2011
Succeeding: Gerald McCarthy, Farmington Term: July 1, 2015
Electricians’
Board
(Master
Electrician)
Raymond
R. Hebert, Manchester Effective: February 2,
2011
Succeeding: Thomas J. Malley, Nashua (resigned) Term: June 30, 2012
Fire
Standards and Training Commission
(Fire
Prevention Society)
Nominated
by the Fire Prevention Society
Mark
W. Tetreault, Epsom Effective: February 14,
2011
Reappointment Term: February 14, 2014
Health
Services Planning and Review Board
Nominated
by the NH Association of Counties
Robert
M. Chase, Laconia Effective: February 2,
2011
Reappointment Term: December 15, 2013
Board
of Home Inspectors
(Public
Member)
Gayle
Robertson, Windham Effective: February 2,
2011
Reappointment Term: December 18, 2015
Board
of Home Inspectors
(Home
Inspector)
David
J. Roth, Hollis Effective: February 2,
2011
Reappointment Term: December 18, 2015
Department
of Information Technology: Acting
Commissioner
S.
William Rogers, Jr. Dover Effective:
February 2, 2011
Vacancy Term: until
Comm. is confirmed & sworn
Salary: $104,500
Lakes
Management Advisory Committee
(Member
representing the Scientific Community)
James
F. Haney, Milton Effective: February 2,
2011
Reappointment Term: August 22, 2013
Medical
Review Subcommittee
David
C. Conway, Henniker Effective: February 2,
2011
Succeeding: Malcom MacKenzie, Nelson Term: December 3, 2013
Medical
Review Subcommittee
(Physician)
Nominated
by the Board of Medicine
Paul
J. Scibetta, Jr., Holderness Effective: February 2,
2011
Succeeding:
Richard Hockman, Bedford (resigned) Term: December 3, 2011
NH
Motor Vehicle Industry Board
Archie
C. Burnett III, Milford Effective: February 2,
2011
Reappointment Term: January 9, 2015
Occupational
Therapy Governing Board
(Licensed
Occupational Therapist)
Eileen
Thayer, Epsom Effective: February 2,
2011
Reappointment Term: January 8, 2014
Respiratory
Care Practitioners Governing Board
Robert
G. Fishwick, Allenstown Effective: February 2,
2011
Reappointment Term: January 8, 2014
Rivers
Management Advisory Committee
(Rep.
of Local River Management Advisory Committee)
Nominated
by the Commissioner of the Department of Environmental Services
Kathryn
P. Nelson, Nashua Effective: February 2,
2011
Reappointment Term: September 5, 2013
Waste
Management Council
(Private
Solid Waste Management Industry)
David
J. Tooley, Portsmouth Effective: February 2,
2011
Reappointment Term: December 23, 2014
Water
Council
(Public
Member)
Nancy
E. Christie, Pittsfield Effective: February 5,
2011
Reappointment Term: February 5, 2015
NOMINATIONS
The Governor placed into nomination the following:
Board
of Accountancy
(Certified
Public Accountant)
Thomas
W. Musgrave,
Bedford Effective:
Upon confirmation
Succeeding: Deborah B. Butler, Concord (resigned) Term: December
2, 2015
Board
of Barbering, Cosmetology and Esthetics
(Owner
of registered tanning facility)
Christine
M. Infantine,
Manchester Effective:
Upon confirmation
Succeeding: Kay Hoyt, Northwood (resigned) Term: February
9, 2015
Board
of Barbering, Cosmetology and Esthetics
(Cosmetology
School Owner)
Gary
Trottier, Claremont Effective:
March 26, 2011
Reappointment Term: March
26, 2016
Business
Finance Authority
Pamela Diamantis,
Greenland Effective:
Upon confirmation
Reappointment Term: November
3, 2013
Board
of Chiropractic Examiners
John
H. Merrick,
Manchester Effective:
Upon confirmation
Succeeding:
W. Kenneth Parrish, Gilford (resigned) Term: August
24, 2012
Department
of Corrections, Acting Non-Medical Director, Division of Medical and
Psychiatric Services
Nominated
by the Commissioner of the Department of Corrections
Helen
Hanks, Lochmere Effective:
Upon confirmation
Succeeding:
Robert MacLeod, Concord (resigned) Term: Serves
at Comm. pleasure
Fire
Standards and Training Commission
(Fire
Instructors and Officers Association of New Hampshire)
Nominated
by the Fire Instructors and Officers Association of New Hampshire
Stephen
M. Carrier,
Gilford Effective:
Upon confirmation
Reappointment Term: February
15, 2014
Board
of Foresters
(Director
of the Division of Forest and Lands)
Brad
W. Simpkins,
Hillsborough Effective:
Upon confirmation
Vacancy Term: August
22, 2011
Board
of Hearing Care Providers
(Audiologist)
Mary
Louise Brozena, Portsmouth Effective:
Upon confirmation
Succeeding:
Dwight R. Valdez, Amherst Term: April
23, 2012
Board
of Hearing Care Providers
(Hearing
Aid Dealer)
Cheryl Kenney,
Campton Effective:
Upon confirmation
Succeeding:
Herbert Hodgdon II, Epsom Term: April
23, 2012
McAuliffe-Shepard
Discovery Center
(Education)
Kristina
A. Lynch, Hanover Effective:
Upon confirmation
Succeeding: Richard Ashooh, Bedford (resigned) Term: September
19, 2013
Medical
Review Subcommittee
(Public
Member)
Nominated
by the Board of Medicine
Christine
C. Fales, Goffstown Effective:
Upon confirmation
Succeeding:
Debra Stohrer (resigned) Term: June 27,
2011
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Ira
Schwartz, New Castle Effective:
Upon confirmation
Succeeding: Bruce Friedman, Etna Term: January
1, 2014
Board
of Mental Health Practice
(Public
Member)
Karen
Peterson Griswold, Bedford Effective:
February 17, 2011
Reappointment Term: February
17, 2014
Midwifery
Council
(Midwife)
Kathryn
Cranford, Laconia Effective:
Upon confirmation
Succeeding:
Carol Leonard, Hopkinton (resigned) Term: November
10, 2013
Motor
Vehicle Industry Board
Lindsey Boyd-Robertson,
Exeter Effective:
Upon confirmation
Succeeding:
Walter F. McCarthy, Manchester (resigned) Term: January
9, 2012
Mount
Washington Commission
(State
Representative Member)
Karen
C. Umberger,
Kearsarge Effective:
Upon confirmation
Succeeding: Martha McLeod, Franconia (resigned) Term: January
24, 2012
Oil
Fund Disbursement Board
(Public
Member)
Ronald
R. Poirier, Manchester Effective:
Upon confirmation
Reappointment Term: January
1, 2014
Physical
Therapy Governing Board
Nicole
Lavoie, Nashua Effective:
Upon confirmation
Succeeding: Greg Woodsum, Weare Term: January
8, 2014
Public
Water Access Advisory Board
(Lakes
Association)
Joseph
Goodnough, Newbury Effective:
Upon confirmation
Reappointment Term: October
27, 2013
Real
Estate Appraisers Board
(Certified
Residential Appraiser)
Kevin
Fritschy, Londonderry Effective:
Upon confirmation
Succeeding: Kristen Eldridge, Meredith (resigned) Term: August
12, 2013
Retirement
System Board of Trustees
Nominated
by the State Employees Association
Mary
Kathleen McGovern, Penacook Effective:
Upon confirmation
Succeeding: Charles Koontz, Hopkinton (resigned) Term: July 1,
2012
Department
of Safety, Commissioner
John
J. Barthelmes, Hopkinton Effective:
March 31, 2011
Reappointment Term: March
31, 2015
Salary:
Grade LL $116,170
Department
of Safety, Assistant Commissioner
Nominated
by the Commissioner of the Department of Safety
Earl Sweeney,
Belmont Effective:
March 31, 2011
Reappointment Term: March
31, 2015
Salary:
Grade JJ, Step 5 $110,036
Rivers
Management Advisory Committee
(Representative
of Business and Industry Association)
Allan
G. Palmer, Manchester Effective:
Upon confirmation
Reappointment Term: September
28, 2013
Speech-Language
Pathology Governing Board
(Licensed
SPL, Educational Setting)
Maureen
W. Heckman,
Weare Effective:
March 4, 2011
Succeeding:
Carol Ann McGurk, Nashua Term: March 4,
2014
Telecommunications
Planning and Development Advisory Commission
(Residential
Telecom User)
Theodore
R. Jastrzembski,
Hanover Effective:
Upon confirmation
Reappointment Term: October
18, 2013
Telecommunications
Planning and Development Advisory Commission
(Small
Business Telecom User)
Elizabeth
H. Merry, Sanbornton Effective:
Upon confirmation
Succeeding:
Tom Daly, Nashua Term: October
18, 2013
Traffic
Safety Commission
Fran L’Heureux,
Merrimack Effective:
Upon confirmation
Succeeding:
William Simmons, Merrimack Term: September
10, 2015
Water
Council
(Recreational
Interests)
Edward
H. Hoyt, Center Ossipee Effective:
Upon confirmation
Succeeding:
Ray S. Cowan, Loudon (resigned) Term: December
16, 2014
#1 CONSENT CALENDAR - DONATIONS:
OFFICE OF THE ADJUTANT GENERAL
A. Authorized to accept cash donations in the amount of $1,000 in support of the NH Medal of Honor presentation ceremony.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
B. Authorized the Division of Parks and Recreation to accept a donation from Reach the Beach Relay Inc, Woodville, MA, in the amount of $17,000 for the NH State Parks’ involvement in the 2010 edition of the New Balance Reach the Beach Relay race series.
DEPARTMENT
OF RESOURCES AND ECONOMIC DEVELOPMENT
C. Authorized the Division of Parks and Recreation, Bureau of Historic Sites to accept a $1,200 donation from the White Mountain Garden Club of Sugar Hill, NH for new plantings at Weeks State Park, Lancaster, NH.
BUSINESS FINANCE AUTHORITY
#2 The
Governor and Executive Council on motion of Councilor Sununu, 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 – absent for vote, and Councilor Wheeler – yes,
authorized to hold a Public Hearing
with respect to the financing of a loan to OCC Newington, LLC for a project
located in Newington, NH. 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 FEBRUARY 2, 2011
COUNCIL
CHAMBER, CONCORD, NEW HAMPSHIRE
* * * * * * *
At approximately 10:20 a.m., the
Governor announced that the next matter to be considered would be a loan made
by the Business Finance Authority to OCC Newington, LLC to finance construction
of a 102,400 square foot manufacturing facility in Newington, NH and declared
that the public hearing on the subject had commenced. He said that he and the members of the Council
had received written material from the Authority with respect to the proposed
loan. The Governor then said that the
meeting would hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the
Authority, briefly explained the project.
The Governor then repeated that the proceedings were a public hearing
and asked whether any other person wished to speak; there being none, Councilor
Sununu introduced a resolution entitled " A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN UNDER
RSA 162-A:9 FROM THE BUSINESS FINANCE AUTHORITY OF
THE STATE OF NEW HAMPSHIRE TO OCC NEWINGTON, LLC " 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 Wheeler; those abstaining were Councilor (s): None; and those voting against were
Councilor(s): None. Absent was Councilor Wieczorek. The Governor declared that the resolution was
passed.
* * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING
A LOAN
UNDER RSA 162-A:9 FROM THE BUSINESS
FINANCE AUTHORITY OF
THE STATE OF
NEW HAMPSHIRE TO OCC NEWINGTON, LLC
WHEREAS, the Governor and Council (the "Governor
and Council") of the State of New Hampshire (the "State") have
received from the Business Finance Authority of the State of New Hampshire (the
"Authority") its written recommendation that the Governor and Council
make certain findings and determinations pursuant to RSA
162-A:18 with respect to a loan by the Authority to OCC Newington, LLC (the
"Borrower") in the original principal amount of up to $1,280,000 to
provide financing towards the construction of an 102,400 square foot manufacturing
facility in Newington, New Hampshire (the "Loan");
WHEREAS, pursuant to the
provisions of RSA Chapter 162-A, the Governor and
Council is authorized to approve the recommendation of the Authority and to
authorize and approve the Loan by the Authority upon the making of specific
findings after public hearing;
WHEREAS, the Governor and
Council will receive all the documentation and information with respect to the
proposed Loan by the Authority; and
WHEREAS, further action by the
Authority with respect to the proposed transaction is subject to the passage of
this Resolution and cannot be taken until after its passage.
NOW, THEREFORE, it is hereby
resolved that:
1. Findings and Determination. On the basis of the documentation and
information received by the Governor and Council, after a public hearing, the
Governor and Council find:
a. Special Findings.
(i) The Loan in
consistent with local or regional development plans or policies.
b. General Findings.
(i) The
Loan that the Authority has proposed will serve a public use and provide a
public benefit.
(ii)
The Loan that the
Authority has proposed is within the policy of, and the authority conferred, by
RSA Chapter 162-A.
(iii) The
Loan that the Authority has proposed will preserve or increase the social
welfare or economic prosperity of the State and one or more of its political
subdivisions, and will promote the general welfare of the State's citizens.
(iv) The Loan that the Authority has proposed will promote the
orderly development of business activities, create or preserve employment
opportunities, or protect the physical environment.
2. Approval.
Governor and Council approve the Loan by the Authority as
recommended
by the Authority and authorize the Authority to cause the execution and
delivery of the loan documents substantially in the form submitted to Governor
and Council and to take such further action as the act with respect to the
transaction as may be required.
3. Effective Date.
This Resolution shall take effect upon its passage.
Passed
and agreed to February 2, 2011.
DEPARTMENT OF INFORMATION TECHNOLOGY
The Governor and Council acted as follows:
#3 Authorized to amend the use of $25,000 of Office of Economic Stimulus funds (previously approved by G&C on 9-9-09, item #12), for the procurement of information technology capabilities in support of the ARRA State Fiscal Committee Stabilization Fund, Government Services Program, by extending the date of June 30, 2011 to September 30, 2011. 100% Other (Agency Class 27); the agency class 27 used by OES to reimburse DoIT is 100% ARRA Funds. Fiscal Committee approved.
#4 Authorized to accept and expend $38,492 in SFY 2011 of additional other funds available from the Department of Environmental Services. 100% Other (Agency Class 27); the agency class 27 used by the Department of Environmental Services to reimburse DoIT is 100% Other Funds (Air Quality Program Fees). Fiscal Committee approved.
#5 Authorized to accept and expend $49,467 in SFY 2011 of additional other funds available from the Banking Commission. (2)Further authorized to establish one full-time temporary Information Technology Manager III, labor grade 31, to support the Banking Commission in integrating their information systems, streamlining data transfers with federal counterparts, and supporting their mobile workforce design, at an estimated cost for salary and benefits of $49,467. Effective upon G&C approval through June 30, 2011. 100% Other (Agency Class 27); the agency class 27 used by Banking Commission to reimburse DoIT is 100% Banking Fees. Fiscal Committee approved.
#6 Authorized to amend a sole source contract with Granite State Management and Resources, Concord, NH, (previously approved by G&C on 6-27-07, item #10), for hosting, support and maintenance of the NH Incentive Program Web Application, by increasing the amount by $11,000 from $45,499 to $56,499, and by extending the end date from March 16, 2011 through March 15, 2012. 98.6% Other (Agency Class 27); the agency class 27 used by PEC to reimburse DoIT is 100% General Funds, 1.4% is PEC.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#7 Authorized the confirmation of Captain Brian R. Jusseaume, Stratham, NH, for promotion to the rank of Major, NH Air National Guard.
#8 Authorized the confirmation of Lieutenant Colonel Adam J. Vernadakis, Melrose, MA, for appointment to the rank of Lieutenant Colonel, NH Air National Guard.
#9 Authorized the confirmation of Lieutenant Colonel Louise M. Paradis, Rochester, NH, for promotion to the rank of Colonel, NH Air National Guard.
STATE TREASURY
#10 The Governor and Council on motion of Councilor Burton, seconded by Councilor St. Hilaire authorized the request to issue a warrant from funds not otherwise appropriated in the amount of $88,537 and the State Treasurer to issue checks in the amount of $88,536.75 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:
#11 Authorized to amend an operating grant awarded to the Concord Community Music School (previously approved by G&C on 1-13-10, item #30), by reducing the amount $896 from $12,800 to $11,904. Effective upon G&C approval through June 30, 2011. 100% Federal Funds.
#12 Authorized to amend an operating grant awarded to the NH Writers Project (previously approved by G&C on 10-21-09, item #16), by reducing the amount $644 from $9,200 to $8,556. Effective upon G&C approval through June 30, 2011. 100% General Funds.
#13 Authorized with Councilor Wheeler voting no, to award a one year operating grant in the amount of $5,766 to NH Art Association, Portsmouth. Effective upon G&C approval through June 30, 2011. 100% Federal Funds.
#14 Authorized with Councilor Wheeler voting no, the Division of Historical resources to award a Conservation Number Plate Grant to Players Ring Theater in the amount of $5,276. Effective upon G&C approval through June 30, 2011. 100% Conservation Plate Funds.
#15 Authorized the NH State Library to award a Conservation Number Plate Grant to Gunstock Mountain Historic Preservation Society, in the amount of $5,000. Effective upon G&C approval through June 30, 2011. 100% Conservation Plate Funds.
ATTORNEY GENERAL
#16 The Governor and Council on motion of Councilor Burton, seconded by Councilor St. Hilaire authorized the request to accept and expend grants totaling $24,089.54 from the Bureau of Justice Assistance to be used to reimburse several law enforcement agencies for the purchase of Ballistic Vests. (2)Further authorized to enter into sub grants with the agencies as detailed in letter dated January 20, 2011, for the reimbursement of ballistic vests already purchased. Effective upon G&C approval through September 30, 2011. 100% Federal Funds.
INSURANCE DEPARTMENT
The Governor and Council acted as follows:
#17 NOT USED
#18 WITHDRAWN – The Agency withdrew the request to accept and expend federal grant funds in the amount of $666,031 from the US Department of Health and Human Services for the purpose of supporting a process in NH to determine whether NH should establish a health insurance exchange for individuals and small businesses. (2)Further authorized to establish positions within the Department as detailed in letter dated December 30, 2010. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#19 WITHDRAWN – The Agency withdrew the request to enter into a contract with the Wakely Consultant Group, Winchester, MA, for the provision of consulting services in connection with the planning initiative for evaluating options for an exchange under the federal Patient Protection and Affordable Care Act. Effective upon G&C approval through October 31, 2011. 100% Federal Funds.
NEW HAMPSHIRE EMPLOYMENT SECURITY
The Governor and Council acted as follows:
#20 Authorized to continue the 15 positions as detailed in letter dated January 19, 2011, at an estimated cost of $192,058. 100% Federal Funds.
#21 Authorized to enter into a contract with Imperial Painting LLC, Laconia, NH, for office painting services at NHES’s Portsmouth Local Office building, in the amount of $23,450. Effective upon G&C approval through June 30, 2011. 100% Federal Funds.
#22 Authorized to make retroactive reimbursement payments in the amount of $902.58 to John Willbarger and $1,109.56 to Daniel Blood for travel-related expenditures incurred while attending a required training conference in Boston, MA during the period of 12/13/10 – 12/17/10. 100% Federal Funds.
#23 Authorized to enter into a retroactive sole source contract with Enhanced Communications of Northern New England Inc., d/b/a Fairpoint Internet, Charlotte, NC, for telephone and internet services to be provided at the temporary Workers Assistance Center located in Colebrook, NH, in the amount of $9,911. Effective November 1, 2010 through August 31, 2012. 100% Federal Funds.
#23A Authorized to enter into a retroactive license for use agreement with Gerald Winn, Littleton, NH, for the continued operation of the Workers Assistance Center, Colebrook, NH, in the amount of $3,500. Effective February 1, 2011 through August 31, 2011, with the option to renew for an additional six months through February 28, 2012. (2)Further authorized to enter into a retroactive memorandum of understanding with the State of VT, Department of Labor, for reimbursement of fifty-percent of the lease and operating costs of an itinerant facility located in Colebrook, NH, intended to assist displaced North Country workers, in the approximate amount of $8,500. (3)Further authorized to retroactively accept and expend up to $8,500 from the State of VT, Department of Labor for a proportionate share of the lease and operating costs of an itinerant facility located in Colebrook, NH, intended to assist displaced North Country workers. Effective February 1, 2011 through August 31, 2011.
DEPARTMENT OF CORRECTIONS
#24 The Governor and Council on motion of Councilor Sununu, seconded by Councilor Burton authorized the request to transfer funds in the amount of $165,894 within the budgeted federal grant entitled State Criminal Alien Assistance Program. (2)Further authorized to accept and expend additional funds in the amount of $134,240 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, 2011. 100% Federal Funds. Fiscal Committee approved.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#25 Authorized to accept and expend a retroactive sub grant award in the amount of $71,041 from the University of NH to support the position of Director of Broadband and Technology Planning and Development. Effective July 1, 2010 through June 30, 2011. (2)Further authorized to enter into a retroactive agreement with the University of NH, for the purpose of promoting the State of NH’s technology development and telecommunication planning initiatives. Effective July 1, 2010 through June 30, 2013. 100% Agency Income (Federal ARRA Funds). Fiscal Committee approved.
#26 Authorized the Division of Parks and Recreation to amend a contract with ReserveAmerica Inc., Ballston Spa, NY, (previously approved by G&C on 10-3-07, item #30), to decrease the contract amount by $242,868.20 from $351,380 to $108,511.80 and to remove the retail application and related services and licenses from the Scope of Work. Effective upon G&C approval through October 31, 2011. 100% Park Funds.
#27 Authorized with Councilor Sununu abstaining, to accept and place on file the report for the transfer of funds for Cannon Mountain Ski area for the quarter ending December 31, 2010.
#28 Authorized the Division of Parks and Recreation to enter into a Land Use Lease Agreement with Mari-Anne Motel of Hampton Beach, NH, for 12 parking spaces at a non-metered lot at Hampton Beach State Park, for a total amount of $6,897.16. Effective upon G&C approval through October 31, 2013.
NEW HAMPSHIRE FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:
#29 Authorized to amend G&C item #47, approved on September 9, 2009, by reallocating $200,000 of the $950,000 estimated revenues from Granite Reliable Power, in the Wildlife Habitat Conservation dedicated funds to the Non-game Species Management dedicated account, to allow Fish and Game to conduct this high elevation research activities out of the Non-game Program Management dedicated account. Effective upon G&C approval. 100% Other (Agency Income, Granite Reliable Power) Funds. Fiscal Committee approved.
#30 Authorized to accept and expend $994,206 in federal funds through a grant from the NOAA to purchase Northeast multispecies fishing vessel permits for the NH’s groundfish fishing sectors. Effective upon G&C approval through June 30, 2011. (2)Further authorized to enter into a memorandum of agreement with the National Oceanic and Atmospheric Administration to establish a “bank” of Northeast multispecies fishing vessel permits (Permit Bank). Effective upon G&C approval through June 30, 2013. 100% Federal Funds. Fiscal Committee approved.
#31 Authorized the transfer of $163,913 from the NH Fish and Game Fund Reserve to the Fish and Game FY 2011 Operating Budget. Fiscal Committee approved.
#32 Authorized to enter into a sole source no cost Cooperative Project Agreement with the University of NH Cooperative Extension 4-H Camps, Durham, NH, for the purpose of operating the Barry Conservation Camp located at the Berlin Fish Hatchery. Effective upon G&C approval through August 30, 2016.
#33 Authorized to accept and expend a grant of $1,000 from the Wildlife Heritage Foundation of NH for the purpose of redeveloping the Department’s web site. Effective upon G&C approval through June 30, 2011.
#34 TABLED – The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Sununu voted to table the request to enter into a memorandum of agreement with the National Marine Fisheries Service to designate the State of NH as an exempted state from the National Saltwater Angler Registry. Effective upon G&C approval.
#34A Authorized to budget and expend $6,841 from the Department of Environmental Services for red tide outreach activities, Project 7: Regional Outreach to Mitigate Economic Impacts of Red Tide Closures. Effective upon G&C approval through June 30, 2011. 100% Transfer (DES) Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#35 Authorized to amend ARRA – Drinking Water State Revolving Funds, ARRA 2009 federal funds, by reallocating $136,786 for better utilization of funds. Effective upon G&C approval through October 1, 2015. 100% ARRA Federal Funds. Fiscal Committee approved.
#36 Authorized to transfer FY 2011 appropriations in the amount of $49,903 between classes, for the wastewater operator training program. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#37 Authorized to budget and expend federal flow through funds from the Department of Safety, Division of Homeland Security and Emergency Management in the amount of $431,071 for the purposes of advancing the Fluvial Erosion Hazard program within DES. Effective upon G&C approval through June 30, 2011. 100% Other (Transfers from other Agencies) Funds. Fiscal Committee approved.
#38 Authorized to amend a sole source contract with Weston Solutions Inc., Manchester, NH, (previously approved by G&C on 1-16-08, item #48), to cover additional cleanup activities at the OK Tool/Salvage Well Superfund Site in Milford, NH, by increasing the amount by $275,000 from $3,368,729 to $3,643,729, and by extending the completion date to June 30, 2012 from June 30, 2011. 27% Federal, 73% General Funds.
#39 Authorized to enter into a sole source Joint Funding Agreement with the US Geologic Survey, Pembroke, NH, to sample for pharmaceuticals in groundwater at a long-term health care facility, in the amount of $4,140. Effective retroactive to January 1, 2011 through September 30, 2011. 100% Federal Funds.
#40 Authorized Norman and Elizabeth Ahn Trust’s request to perform work on property having 292 ft of frontage in Alton on Lake Winnipesaukee.
#41 Authorized Sandra L. Cleary’s request to perform work on an average of 101 ft of frontage on Lake Winnipesaukee in Gilford.
#42 Authorized Will Herman’s request to perform work on an average of 291 ft of frontage on Lake Winnipesaukee in Wolfeboro.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
Bureau
of Human Resource Management
#43 Authorized to make a one-time payment from SFY 2011 funds to Brenda Stoeckmann-Thamm, Employment Counselor Specialist, Division of Family Assistance, in the amount of $2,937.98 to compensate for wages that were not paid for SFY 2009 & 2010. 47% General, 53% Federal Funds.
#44 Authorized to make a one-time payment from SFY 2011 funds to Linda Desmond, Business Administrator II, Bureau of Elderly & Adult Services, in the amount of $228.86 to compensate for wages that were not paid for SFY 2010. 67% General, 33% Federal Funds.
#45 Authorized to make a one-time payment from SFY 2011 funds to Lauren Reese, Child Protective Service Worker III, Division for Children and Youth, in the amount of $1,231.20 to compensate for wages that were not paid for SFY 2010. 50% General, 50% Federal Funds.
#46 Authorized to make a one-time payment from SFY 2011 funds to Kathryn Armstrong, Child Protective Service Worker III, Division for Children and Youth, in the amount of $237 to compensate for wages that were not paid for SFY 2010. 100% Federal Funds.
#47 Authorized to make a one-time payment from SFY 2011 funds to Christian Pantellis, Mental Health Worker II, NH Hospital, in the amount of $689.06 to compensate for wages that were not paid for SFY 2010. 70% General, 30% Federal Funds.
#48 Authorized to make a one-time payment from SFY 2011 funds to Robin Lounsbury, Supervisor III, Child Support Services, in the amount of $2,248.65 to compensate for wages that were not paid for SFY 2010. 24.9% General, 66% Federal, 9.1% Agency Income Funds.
#49 Authorized to make a one-time payment from SFY 2011 funds to Lisa Bettez, Family Services Specialist I, Division of Family Assistance, in the amount of $954 to compensate for wages that were not paid for SFY 2010. 53% General, 47% Federal Funds.
Bureau of Elderly & Adult Services
#50 Authorized to accept and expend Title XIX Medicaid federal funds from the Centers for Medicare and Medicaid Services in the amount of $17,241,609.10, and decrease revenue adjustments in Local Funds of $4,124,281. Effective retroactive to July 1, 2010 through June 30, 2011. 100% Federal ARRA Funds. Fiscal Committee approved.
Division for Children, Youth & Families
#51 Authorized to accept and expend additional federal funds from the Centers for Medicare and Medicaid Services and from the Administration for Children and Families, through the ARRA 2009, in the amount of $2,542,054; and decrease revenue adjustments to General Funds in the amount of $2,539,511. Effective retroactive to July 1, 2010 through June 30, 2011. 48.80% General, 52.20% Federal ARRA Funds. Fiscal Committee approved.
#52 Authorized to retroactively award six grants totaling $357,569 for the provision of Title I programs. Effective October 5, 2010 through August 31, 2011. 100% Federal Funds.
Division of Public Health Services
#53 Authorized with Councilor Wheeler voting no, Rural Health and Primary Care Section to enter into an agreement with Dr. Stephanie Allen Lilly, MD, Berlin, NH, to receive reimbursement for payment of educational loans through the State Loan Repayment Program, in an amount not to exceed $37,500. Effective April 1, 2011 or upon G&C approval, whichever is later, through March 31, 2014, with the option to renew for up to two additional years. 100% General Funds.
#54 Authorized the Bureau of Community Health Services, Community Public Health Development Section to amend a sole source agreement with the City of Nashua, Division of Public Health and Community Services, Nashua, NH, (previously amended by G&C on 8-11-10, item #45), to improve public health emergency response plans, by increasing the price by $54,232 from $1,329,578 to $1,383,810. Effective upon G&C approval. 100% Federal Funds.
Office of Minority Health and Refugee
Affairs
#55 Authorized to enter into a retroactive contract with Southern NH Services Inc., Manchester, NH, to provide direct services to NH refugees, in the amount of $30,000. Effective October 1, 2010 through September 30, 2011. 100% Federal Funds.
#56 Authorized with Councilor Wheeler voting no, to enter into a retroactive contract with International Institute of Boston Inc., Boston, MA, to provide direct services to NH refugees, in the amount of $190,000. Effective October 1, 2010 through September 30, 2011. 100% Federal Funds.
#57 Authorized to enter into a retroactive contract with Lamprey Health Care, Raymond, NH, to provide direct services to NH refugees, in the amount of $41,000. Effective October 1, 2010 through September 30, 2011. 100% Federal Funds.
#58 Authorized to enter into a retroactive sole source contract with Manchester Health Department, Manchester, NH, to provide preventive health services to NH refugees, in the amount of $19,000. Effective July 1, 2010 through June 30, 2011. 100% Federal Funds.
#59 Authorized to enter into a retroactive sole source contract with Lutheran Community Services of NH Inc., Concord, NH, to provide employment-related, direct services to NH refugees, in the amount of $163,942. Effective October 1, 2010 through September 30, 2011. 100% Federal Funds.
Bureau of Drug and Alcohol Services
#60 Authorized to accept and expend other funds in the amount of $200,000 from Synectics, through a sub-agreement with the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention, to fund the State Epidemiological Outcomes Workgroup. Effective upon G&C approval through June 30, 2011. 100% Other Funds. Fiscal Committee approved.
Bureau of Homeless and Housing Services
#61 Authorized to accept and expend $100,000 from the State Treasurer, from funds available to support the provisions of the Housing Security Guarantee Program. (2)Further authorized to amend an agreement with Community Action Program Belknap-Merrimack Counties Inc., Concord, NH, (previously amended by G&C on 6-9-10, item #101), for homeless assistance services, by increasing the price by $100,000 from $920,866 to $1,020,866. Effective upon G&C approval through June 30, 2011. 100% General Funds. Fiscal Committee approved.
DEPARTMENT OF EDUCATION
#62 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Sununu authorized the request to utilize the services of James M. Trice, MD, to provide medical consultations, in an amount not to exceed $43,200. Effective upon G&C aprpovl through June 30, 2011. 100% Federal Funds.
DEPARTMENT OF SAFETY
The Governor and Council acted as follows:
#63 Authorized the Division of Homeland Security and Emergency Management to accept and expend Pre-Disaster Mitigation funds from the Federal Emergency Management Agency, in the amount of $751,966, for the implementation of cost effective flood mitigation projects. Effective upon G&C approval through June 30, 2011. (2)Further authorized the Division of Homeland Security and Emergency Management to enter into a memorandum of agreement with the NH Department of Transportation, for implementation of projects identified through the evaluation of natural hazards, for a total amount of $387,178. Effective upon G&C approval through September 9, 2013. 100% Federal Funds. Fiscal Committee approved.
#64 Authorized the Division of Homeland Security and Emergency Management to accept and expend Hazard Mitigation Grant Program funds from the Federal Emergency Management Agency, for the implementation of cost effective flood mitigation projects, in the amount of $334,983. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#65 Authorized the Division of Homeland Security and Emergency Management to accept and expend Hazard Mitigation Grant Program funds from the Federal Emergency Management Agency, for the implementation of cost effective flood mitigation projects, in the amount of $2,468,039. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#66 Authorized the Division of Homeland Security and Emergency Management to accept and expend Emergency Management Performance Grant funds from the Federal Emergency Management Agency, for the purpose of providing all-hazard project grants to NH eligible organizations, in the amount of $1,205,949. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#67 TABLED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu voted to table the request of the Division of Motor Vehicles to accept and expend “NH CDL Program Improvement” funds in the amount of $125,917 from the US Department of Transportation Federal Motor Carrier Safety Administration. (2)Further authorized to establish consultant positions for the purpose of developing programming code for the Division of Motor Vehicles’ computer system to efficiently track motor vehicle and criminal offenses for CDL operators. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#68 Authorized the Division of Homeland Security and Emergency Management to transfer $75,000 within the account titled Information and Analysis Center, to re-align appropriations for the purpose of spending the federal funds awarded by the Federal Emergency Management Agency as intended for the grant’s purpose. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:
#69 Authorized the Bureau of Rail and Transit to accept and expend $800,000 in Federal Railroad Administration funds for improvements on the St. Lawrence & Atlantic Railroad in Coos County. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#70 Authorized to establish a Program Specialist IV, LG 25, position to assist in administering Federal Transit Administration programs. (2)Further authorized to accept and expend Federal Transit Administration funds in the amount of $61,633 for state administration expenses. Effective upon G&C approval through June 30, 2011. 100% Federal Funds. Fiscal Committee approved.
#71 Authorized to amend a contract with Southern NH Planning Commission, Manchester, NH, (previously approved by G&C on 6-3-09, item #231), to undertake transportation related planning activities, by increasing the contract by $28,000 from $1,288,892.80 to $1,316,892.80. Effective upon G&C approval through June 30, 2011. 100% Federal Funds.
#72 Authorized the Bureau of Right of Way to pay various owners $620,649 as documented in the Contemplated Awards List for amounts greater than $5,000. Effective December 31, 2010 through January 13, 2011.
#73 Authorized to accept and place on file the Bureau of Construction’s quarterly summary of active projects that may require contingencies use, for the period through December 31, 2010.
#74 Authorized the Bureau of Rail and Transit to enter into a Special Agreement with the St. Lawrence & Atlantic Railroad Company, Auburn, ME, for improvements on the St. Lawrence & Atlantic Railroad in Coos County, in an amount not to exceed $800,000. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.
#75 Authorized the Bureau of Construction to enter into a contract with Pike Industries Inc., Belmont, NH, for pavement rehabilitation of approximately 5 miles of US 302 located in District I in the counties of Grafton and Coos, on the basis of a low bid of $568,340. (2)Further authorized a contingency in the amount of $56,834 for payment of latent conditions which may appear during the construction of the project. Effective upon G&C approval through July 8, 2011. 100% Federal Funds.
#76 Authorized with Councilor Wheeler voting no, the Bureau of Rail and Transit to enter into an agreement with HDR Engineering Inc., Boston, MA, for the preparation of a State Rail Plan, for an amount not to exceed $420,000. Effective upon G&C approval through December 31, 2011. 100% Federal Funds.
ITEM REMOVED FROM TABLE
The Governor and Council on motion of Councilor Wheeler,
seconded by Councilor Sununu, voted to remove item #67- which was tabled at the
1-19-11 Meeting.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Family Assistance
#67 The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, voted to approve the request to award a one-year grant totaling $24,300 to the Tri-County Community Action Program Inc., Berlin, NH, to provide matching funds for TCCAP’s North Country Transportation, Federal Department of Transportation’s Job Access Reverse Commute grant. (2)Further authorized to award a one-year grant totaling $124,826 to the City of Nashua Transit System, Nashua, NH, to provide matching funds for the City of Nashua’s Federal Department of Transportation Job Access Reverse Commute grant. Effective retroactive to July 1, 2010 through June 30, 2011. 100% Federal Funds.
ITEM REMOVED FROM TABLE
The Governor and Council on motion of Councilor Sununu,
seconded by Councilor Burton, voted to remove item #72- which was tabled at the
1-19-11 Meeting
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Public Health Services
#72 The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu and with Councilor Wheeler voting no, voted to approve the request of the Health Statistics Section, Behavioral Risk Factor Surveillance Program to exercise a contract renew and amend option with Macro International Inc., (previously amended by G&C on 1-13-10, item #102), to plan, organize, test, and implement the Behavioral Risk Factor Surveillance System, by increasing the price by $1,030,827 from $736,642 to $1,767,469, and by extending the end date from February 15, 2011 to February 15, 2013. 94% Federal, 6% Other Funds.
ITEM REMOVED FROM TABLE
The Governor and Council on motion of Councilor Sununu, seconded by Councilor St. Hilaire, with Councilor Wheeler voting no, voted to remove item #1 (which was tabled at the 1-6-11 meeting)
#1 The Governor and Council, on motion of Councilor Sununu, seconded by Councilor St. Hilaire, with Councilor Wheeler voting no, voted to approve the item.
Upon reconsideration by Councilor Wheeler, seconded by Councilor St. Hilaire, the governor and council voted to approve the item with the following amendment: Authorized the Department of Administrative Services to request the transfer of funds up to $25,000 within departments prior to those funds being expended for the coming quarter; and to require the department to make a quarterly report of all expenses made in the previous quarter to the governor and council. This item would then approve transfers through March 31, 2011. Further transfers would take additional governor and council action on a quarterly basis.
ITEM REMOVED FROM TABLE
#2 The Governor and Council, on motion of Councilor Wheeler, seconded by Councilor Burton voted to remove item #2 (which was tabled at the 1-6-11 meeting)
The Governor and Council, on motion of Councilor Wheeler, seconded by Councilor St.Hilaire, voted to approve the item with the following amendment: Authorized the Department of Administrative Services to make transfers from the Salary Adjustment Fund and the Benefit Adjustment Fund to agency personnel service accounts and benefit accounts for the coming quarter; and further to require the department to make a quarterly report of all transfers made in the previous quarter to the governor and council. This item would then approve transfers through March 31, 2011. Further transfers would take additional governor and council action on a quarter basis.
*
The Governor and
Council, at the next meeting on Wednesday, February 16, 2011, will take up the
Repeal of Denial of Indemnification of Representative Edmond Gionet.
*
Next regular Governor and Executive Council meeting is scheduled for Wednesday, February 16, 2011, at the State House, Concord, NH.
The Honorable Board then Adjourned at 12:30 p.m.