GOVERNOR AND EXECUTIVE COUNCIL AGENDA
North Conway Community Center, North Conway, New Hampshire
September 7, 2016, 10:00 a.m.
CONSENT CALENDAR AGENDA
#1 MOP 150, I, B (1): Expenditure Approvals
STATE TREASURY
#A. Authorize to enter Sylvia Yeaton into an educational tuition agreement with Franklin Pierce University, Rindge, NH, to participate in the course entitled Organizational Behavior, during the period of September 12, 2016 through November 5, 2016, and to pay said costs in the amount of $1,140. 100% General Funds.
STATE TREASURY
#B. Authorize the Comptroller to issue a warrant from funds not otherwise appropriated in the amount of $66,777 and the State Treasurer to issue checks in the amount of $66,777.30 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
#C. Authorize the Division of Parks and Recreation to renew membership for The Flume Gorge and Cannon Mountain with the White Mountain Attractions Association, Woodstock, NH, in the amount of $17,000 for the Fiscal Year 2017. Effective upon G&C approval through June 30, 2017. 100% Agency Income.
NEW HAMPSHIRE COUNCIL ON DEVELOPMENTAL DISABILITIES
#D. Authorize to pay the National Association of Councils on Developmental Disabilities, Washington, DC, annual dues in the amount of $4,232.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Bureau of Contracts & Procurement
#E. Authorize to enter Elaina Magoon into an educational tuition agreement with Granite State College, Concord, NH, to participate in the course entitled Work and Society, during the period of September 13, 2016 through December 6, 2016, and to pay said costs in an amount of $1,275. Employee Training Funds.
#2 MOP 150, I, B (2): Approval of Acceptances
DEPARTMENT OF SAFETY
#A. Authorize the Division of State Police to accept the donation of a Dayton Generator with a value of approximately $750 and a Trailer Cargo with a value of approximately $1,500 from the Defense Logistics Agency to be used by the Division of State Police Special Event Response Team. Effective upon G&C approval.
#3 MOP 150, I, B (3): Reports and Findings
DEPARTMENT OF ADMINISTRATIVE SERVICES
#A. Authorize to accept and place on file the Report and Findings of Councilor Christopher C. Pappas with regard to a certain project in participation with Saint Anselm College, Manchester, NH.
#4 MOP 150, I, B (4): Nominations, Confirmations and Appointments
THE ADJUTANT GENERALS DEPARTMENT
#A. Authorize the confirmation of Jared P. Boucher, Lebanon, ME, to the rank of Lieutenant Colonel, NH Army National Guard.
THE ADJUTANT GENERALS DEPARTMENT
#B. Authorize the confirmation of Lieutenant Colonel William R. Davis, Portsmouth, NH, for promotion to the rank of Colonel, NH Air National Guard.
THE ADJUTANT GENERALS DEPARTMENT
#C. Authorize the confirmation of Colonel Timothy T. Lunderman, Manlius, NY, for appointment to the grade of Colonel and promotion to the rank of Brigadier General., NH Air National Guard.
THE ADJUTANT GENERALS DEPARTMENT
#D. Authorize the confirmation of Major William A. Wilson, Danville, NH, for promotion to the rank of Lieutenant Colonel, NH Air National Guard.
THE ADJUTANT GENERALS DEPARTMENT
#E. Authorize the nomination of Major Michael C. Callaghan, Action, MA, for promotion to the rank of Lieutenant Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified.
DEPARTMENT OF JUSTICE
#F. Authorize to reappoint Jesse O’Neill to a position where he will remain as an Assistant Attorney General at a salary of $64,000. Effective upon G&C approval, or September 16, 2016, whichever is the latter.
DEPARTMENT OF JUSTICE
#G. Authorize to appoint Scott Sakowski as an Attorney at a salary level of $61,500. Effective upon G&C approval or September 16, 2016, whichever is the latter.
#5 MOP 150, I, B (5): Other Items
NEW HAMPSHIRE EMPLOYMENT SECURITY
#A. Authorize to enter into a no-cost contract amendment with Integrated Office Solutions, Concord, NH (originally approved by G&C on 6-29-16, item #58A), to add a single piece of equipment to the existing full service maintenance coverage agreement. Effective upon G&C approval through June 30, 2019. 100% Federal Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
#B. Authorize to amend an agreement with the Town of Wolfeboro, NH (originally approved by G&C on 12-3-14, item #66), for the Lake Wentworth and Crescent Lake Watershed Management Plan Implementation Project Phase 2: Stormwater Best Management Practices project by reallocating funds between Tasks specified in the Contract Price and Method of Payment, and changing Exhibit “C” to include a condition relative to the Grantee’s liability insurance coverage. Effective upon G&C approval through December 31, 2017. No Additional Funding. 100% Federal Funds.
REGULAR AGENDA
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Bureau of Human Resource Management
#6 Authorize the determination made by the Commissioner that on July 28, 2016 Efrain Sanchez, a Mental Health Worker II at the NH Hospital sustained an injury in the line of duty due to hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.
#7 Authorize to make a retroactive one-time payment from State Fiscal Year 2017 funds to Angela Prince, Supervisor IV, Division of Children, Youth and Families, in the amount of $1,213.25 to compensate for wages that were not paid for SFY 2016. 100% General Funds.
Division for Children, Youth and Families
#8 Authorize to enter into an agreement with Deborah Ann Bradley, Bow, NH, to provide consultation, recruitment, and retention of foster parents, in an amount not to exceed $25,000. Effective upon G&C approval through December 31, 2016. 100% Federal Funds.
Division of Family Assistance
#9 Authorize to enter into a sole source agreement with Greater Nashua Council on Alcoholism, Nashua, NH, for the provision of substance use disorder treatment services, residential and/or supportive housing, and wraparound services to pregnant and/or parenting women who are experiencing substance use disorders; have income at or below the 185% Federal Poverty Level; and are homeless, or at risk of becoming homeless in Strafford County in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2017. 100% Federal Funds.
Division for Behavioral Health
#10 Authorize the Bureau of Mental Health Services to make a retroactive payment of annual membership dues to the National Association of State Mental health Program Directors, Alexandria, VA, in the amount of $8,979. Effective July 1, 2016 through June 30, 2017. 66% General, 34% Federal Funds.
#11 Authorize the New Hampshire Hospital to enter into a sole source agreement with Eric Jensen, to participate as a member of the multidisciplinary team to assess and evaluate whether or not a person convicted of a sexually violent offense, who is eligible for release from total confinement, and meets the definition of sexual violent predator, in an amount not to exceed $19,800. Effective upon G&C approval through June 30, 2018. 100% General Funds.
Division of Public Health Services
#12 Authorize to amend an existing agreement with the Manchester Health Department, Manchester, NH (originally approved by G&C on 7-2-14, item #29), for the provision of adult immunization and immunization education services, by increasing the price by $99,277 from $817,200 to $916,477. Effective upon G&C approval through the original end date of June 30, 2018. 100% Federal Funds.
#13 Authorize the Bureau of Population Health and Community Services, Nutrition Services Section, Special Supplemental Program for Women, Infants, and Children to enter into an agreement with Abbott Laboratories Inc., Columbus, OH, to provide rebates on select infant formulas purchased with food instruments issued by the Special Supplemental Nutrition Program for Women, Infants, and Children. Effective October 1, 2016 or upon G&C approval, whichever is later, through October 1, 2019. The projected revenue is approximated at $9,202,779.
#14 Authorize to enter into sole source agreements with the vendors as detailed in letter dated August 12, 2016, to provide analytical specialty laboratory testing services, for a total amount of $250,000, for state fiscal year 2017. No maximum service volume is guaranteed. 100% General Funds.
DEPARTMENT OF TRANSPORTATION
#15 Authorize the Bureau of Right of Way to pay property owners $74,640 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period of July 22, 2016 through August 5, 2016.
#16 Authorize the Bureau of Right of Way to pay property owners $10,000 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from August 6, 2016 through August 9, 2016.
#17 Authorize the Bureau of Rail and Transit to enter into a retroactive contract with the St. Lawrence & Atlantic Railroad Company, Auburn, ME, for track improvements on the St. Lawrence & Atlantic Railroad in Coos County, for an amount not to exceed $1,950,000. Effective April 14, 2016 through December 31, 2017. 100% Capital General Funds.
#18 Authorize the Bureau of Bridge Design to enter into an agreement with Kleinfelder Northeast Inc., Manchester, NH, for the preliminary design for the replacement or rehabilitation of the Red List bridge carrying NH Route 101 over Pulpit Brook in the Town of Bedford, for a total amount not to exceed $165,918.18. Effective upon G&C approval through December 31, 2018. 100% Federal Funds.
#19 Authorize the Bureau of Rail & Transit to enter into a retroactive lease agreement with East Bluff Highlands Association, Stoneham, MA, and Eastbluff Village Condominium Association, Nashua, NH, for the use of State-owned railroad property in Meredith, NH along Lake Winnipesaukee, in the amount of $9,834.50. Effective July 1, 2016 through June 30, 2021.
#20 Authorize the Bureau of Turnpikes to enter into an agreement with Jacobs Engineering Group Inc., Bedford, NH, and Pasadena, CA, for on-call Turnpike-related consulting services, for an amount not to exceed $600,000. Effective upon G&C approval through August 31, 2019. 100% Turnpike Funds.
#21 Authorize the Bureau of Bridge Design to enter into an agreement with CMA Engineers Inc., Portsmouth, NH, for the final design efforts for the rehabilitation of the Red List bridge (Br. No. 131/154) carrying US Route 3 over the NH Railroad in the City of Laconia, for a total amount not to exceed $124,571. Effective upon G&C approval through June 30, 2019. 100% Federal Funds.
#22 Authorize the Bureau of Highway Design to amend a contract with Jacobs Engineering Group Inc., Bedford, NH and Pasadena, CA (originally approved by G&C on 8-10-11, item #135), for the final design for the reconstruction and widening of a 2.7 mile section of NH 12 in the Towns of Walpole and Charlestown, by increasing the total amount by $455,002.79 from $1,443,075.97 to $1,898,078.76 for additional design services associated with a substantial design revision, and by extending the completion date from December 31, 2016 to December 31, 2017. 100% Federal Funds.
#23 Authorize the Bureau of Aeronautics to provide funding to the Town of Whitefield, NH, for SBG-17-09-2016, to rehabilitate airfield pavements and pavement markings (Phase II) at the Mt. Washington Regional Airport in Whitefield, NH, in the amount of $257,450. Effective upon G&C approval through August 31, 2020. 90% Federal, 5% General, 5% Local Funds.
#24 Authorize the Bureau of Construction to enter into a contract with CWS Sliter and Sons Inc., d/b/a CWS Fence and Guardrail Co., Andover, NH, for replacing substandard cable and beam guardrail with standard beam guardrail with steel posts and terminal end units in the District III area, on the basis of a low bid of $1,027,944.75. (2)Further authorize a contingency in the amount of $71,956.14 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through June 23, 2017. 100% Federal Funds.
#25 Authorize the Bureau of Construction to enter into a contract with American Excavating Corp, Derry, NH, for constructing turn lanes on NH 13 at the NH 130 (Milford Street) and Quimby Road intersection in the town of Brookline, on the basis of a low bid of $522,543.60. (2)Further authorize a contingency in the amount of $15,676.31 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through June 16, 2017. 100% Federal Funds.
#26 Authorize the Bureau of Construction to enter into a contract with J. Parker & Daughters Construction, Pittsfield, NH, for slope stabilization and minor abutment repairs under the I-293 northbound and southbound bridge over Black Brook in Manchester, on the basis of a low bid of $636,700. (2)Further authorize a contingency in the amount of $31,835 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through April 28, 2017. 100% Turnpike Funds.
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
#27 Authorize to award a grant to the County of Grafton, N. Haverhill, NH, for the purpose of assisting four organizations to provide microenterprise training and technical assistance activities, in the amount of $370,000. Effective September 7, 2016 through June 30, 2017. 100% Federal Funds.
DEPARTMENT OF CULTURAL RESOURCES
#28 Authorize the State Library to retroactively renew membership with the American Library Association, Chicago, IL, in the amount of $2,727. Effective September 1, 2016 through August 31, 2017. 100% Federal Funds.
DEPARTMENT OF REVENUE ADMINISTRATION
#29 Authorize to place Attorney Frederick J. Coolbroth at the maximum step for the position of Revenue Counsel, unclassified salary grade FF, earning $90,832.56 annually. Effective upon G&C approval. 100% General Funds.
DEPARTMENT OF LABOR
#30 Authorize to disburse to Sergeant Timothy Brown of Farmington, NH, as compensation for permanent loss of touch sensation in his right foot at less than 100%, in the amount of $85,171 as a result of Sergeant Brown’s injury incurred in the line of duty on August 15, 2013. Effective upon G&C approval. 100% General Funds.
PUBLIC UTILITIES COMMISSION
#31 Authorize to enter into a contract with J.P. Morgan Securities LLC, New York, NY, to serve as its Auction Advisor to manage the auction of and the transaction-related aspects of a potential sale of the electric generating assets and other related properties (Assets) of Public Service Company of NH d/b/a Eversource (PSNH). Effective upon G&C approval through September 30, 2018. The contract provides for compensation to JP Morgan by PSNH out of the proceeds of the sale of the Assets. Although we will not know those proceeds until after the auction, prior estimates are for a price of $200 million or more. The compensation to be paid to JP Morgan will be contingent on a sale occurring and will be $3,125,000 plus 1.5% of proceeds in excess of $200 million.
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
#32 Authorize to accept and place on file the Division of Forests and Lands’ Report on Federal Landholdings as well as “Limitation of Right to Acquire” as detailed in letter dated August 9, 2016.
#33 Authorize the Division of Forests and Lands to exercise a retroactive renewal option for a 1-year extension to the memorandum of agreement with the Department of Transportation (originally approved by G&C on 10-21-15, item #38), for communication equipment in and on the Yankee Building at the summit of Mount Washington, Mount Washington State Park, Sargent’s Purchase, NH. Effective July 1, 2016 through June 30, 2017. (2)Further authorize DRED to accept a rental payment of $10,000 for Fiscal Year 2017, to be deposited into the accounting unit “Mt. Washington Commission”.
#34 Authorize the Division of Parks and Recreation, Cannon Mountain to enter into a contract with GW Tatro Construction Inc., Jefferson, VT, for the labor and materials required to complete the Avalanche Pipe project at Cannon Mountain and Franconia Notch State Park, in the amount of $49,805. (2)Further authorize a contingency in the amount of $2,495 to cover any unforeseen issues that may arise, which is not covered under the original scope of services, once the work is underway. Effective upon G&C approval through October 14, 2016. 100% Cannon Mountain Capital Improvement Fund.
NEW HAMPSHIRE FISH AND GAME DEPARTMENT
#35 Authorize to enter into a contract with Horizons Engineering Inc., Littleton, NH, to conduct an engineering study and design plans for the removal and replacement of the existing degraded stream crossing on Knight’s Meadow Road at Knight’s Meadow Marsh Wildlife Management Area in Webster NH, in an amount not to exceed $26,500. Effective upon G&C approval through February 28, 2017. 75% Federal, 25% State Funds.
DEPARTMENT OF ENVIRONMENTAL SERVICES
#36 Authorize to enter into a memorandum of agreement with the University of NH, Sponsored Programs Administration, Durham, NH, to support implementation of the Piscataqua Region Estuaries Partnership’s management plan and monitoring plan, in the amount of $175,000. Effective upon G&C approval through June 30, 2017. 100% Other Funds.
#37 Authorize to amend a sole source agreement with the NH Rivers Council, Concord, NH (originally approved by G&C on 3-9-16, item #82), for the Development of a Watershed Management Plan for the Winnicut River project, by increasing the grant by $12,000 to $97,000 from $85,000, and the matching funds requirement as set forth in Exhibit “B”. Effective upon G&C approval through December 31, 2017. 100% Federal Funds.
#38 Authorize to amend a sole source agreement with the Belknap County Conservation District, Gilford, NH (originally approved by G&C on 5-8-14, item #71), for the Gunstock Brook: Implementation of Meredith, Paugus, and Saunders Bays Watershed Management Plan (Phase I) Geomorphology-based Restoration at Route 11B Mass Failure/Wasting Site project by: a) extending the completion date to December 31, 2017 from December 31, 2016; b)increasing the Grant Limitation by $18,000 to $87,800 from $69,800; c)increasing the non-Federal matching funds required by $12,006 to $58,563 from $46,557; d)changing exhibit “B” to revise the Task payment amounts; and e)adding a new insurance condition to Exhibit “C”. Effective upon G&C approval. 100% Federal Funds.
#39 Authorize to amend the agreement with Gannett Fleming Inc., Camp Hill, PA (originally approved by G&C on 5/27/15, item #105), to provide additional engineering analysis for four state-owned dams according to National Resource Conservation Service guidelines, by increasing the amount by $5,200 from $765,156.53 to $770,356.53, and by extending the end date to February 28, 2017 from October 31, 2016. 100% Dam Maintenance Funds.
#40 Authorize to award an Aquatic Resource Mitigation Fund grant to the Town of Milan, NH, in the amount of $61,000 for the purpose of acquiring 6.6 acres of land to be managed as part of the Milan Community Forest. Effective upon G&C approval through June 30, 2017. 100% Aquatic Resource Mitigation Funds.
#41 Authorize to award an Aquatic Resource Mitigation Fund grant to the Society for the Protection of NH Forests, Concord, NH, in the amount of $150,000, for the purpose of acquiring land owned by Carol Brown on North Road in Sutton. Effective upon G&C approval through December 31, 2017. 100% Aquatic Resource Mitigation Funds.
#42 Authorize Edgewater Drive LLC’s request to perform work on Lake Winnipesaukee in Gilford.
#43 Authorize Douglas and Vicki Gallipeau’s request to perform work on Lake Winnipesaukee in Alton.
NEW HAMPSHIRE VETERANS HOME
#44 Authorize to retroactively enter into a contract with Northeast Mobile Dental Service, Derry, NH, for the sole purpose of providing dental services on site to the residents of the NH Veterans Home, in the amount of $148,500. Effective July 1, 2016 through June 30, 2019. 33% Federal, 33% General, 34% Other Funds.
DEPARTMENT OF EDUCATION
#45 Authorize to grant funds in accordance with the Carl D. Perkins Career and Technical Education Act of 2006 to Belknap County Department of Corrections, Laconia, NH, to assist in the operation of their approved career and technical education programs for offenders, in the amount of $25,000, and authorize unencumbered payment of said grant with internal accounting control within the Department of Education. Effective upon G&C approval through June 30, 2017. 100% Federal Funds.
DEPARTMENT OF JUSTICE
#46 Authorize salary increases for the attorneys within the Department. Effective September 16, 2016.
#47 Authorize to enter into a lease renewal with the Capital Regional Health Care Development Corporation, Concord, NH, for the rental of 3,768 square feet of space located in the Memorial Medical Building, for the Office of the Chief Medical Examiner, in the amount of $1,127,268. Effective October 1, 2016 through September 30, 2026. 94% General, 6% Federal Funds.
DEPARTMENT OF ADMINISTRATIVE SERVICES
#48 Authorize a Working Capital Warrant in the amount of $600,000,000 to cover the payment of expenditures for the month of October 2016.
#49 Authorize the Division of Personnel’s request for waiver of classification decisions. Effective upon G&C approval.
#50 Authorize, for the NH Deferred Compensation Commission, to enter into a contract with CliftonLarsonAllen LLP, Timonium, MD, to perform annual financial audits of the State of NH Public Employees Deferred Compensation Plan for calendar years 2015, 2016, 2017, 2018, and 2019, for a total cost not to exceed $160,000. Effective upon G&C approval through December 31, 2020. 100% Agency Income.
#51 Authorize the Division of Public Works Design and Construction to enter into a contract with G.W. Brooks and Sons Inc., Freedom, NH, for site improvements at the NH Army National Guard Readiness Center in Littleton, NH, and the NH Army National Guard Training Site in Center Strafford, NH, for a total price not to exceed $1,287,382. (2)Further authorize the amount of $36,492 for payment to the department of Administrative Services, Division of Public Works Design and Construction, for engineering services provided, bringing the total to $1,323,874. Effective upon G&C approval through June 30, 2017. 83% Federal, 17% Capital – General Funds.
#52 Authorize the Division of Public Works Design and Construction to enter into a contract with Denron Plumbing and HVAC LLC, Manchester, NH, for the NH Army National Guard Building “M” Boiler and Domestic Hot Water Tank Replacement located in Concord, NH, for a total price not to exceed $303,000. Effective upon G&C approval through August 5, 2017. 75% Federal, 25% Capital – General Funds. (2)Further authorize the amount of $10,000 for payment to the department of Administrative Services, Division of Public Works Design and Construction, for engineering services provided, bringing the total to $313,000. 50% Federal, 50% Capital – General Funds.
#53 Authorize the Risk Management Unit to enter into a contract with FIAI Inc., d/b/a Cross Insurance, Manchester, NH, for the purchase of fleet insurance coverage for state-owned vehicles and safe driving program administration, in an amount not to exceed $2,310,000. (2)Further authorize a contingency in the amount of $115,500 to cover additional premium due to increases in owned or leased fleet vehicle coverage, bringing the total to an amount not to exceed $2,425,500. Effective November 1, 2016 through October 31, 2019. 100% Agency Funds.
TABLED ITEMS
DEPARTMENT OF HEALTH AND HUMAN SERVICES (Tabled at G&C Meeting 5/18/16)
Division of Family Assistance
#9 TABLED – The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Kenney, voted to table the request to amend an existing agreement with Good News Garage LSS Inc., a subsidiary of Ascentria Care Alliance, Worcester, MA (originally approved by G&C on 5-1-13, item #37A), to provide affordable car ownership opportunities to low income individuals, by increasing the price by $275,000 from $1,794,700 to $2,069,700. Effective upon G&C approval through the original end date of June 30, 2017. 100% Federal Funds.
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CONFIRMATION TABLED (Tabled at G&C Meeting 6/15/16)
The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Sununu, and with Councilors Van Ostern and Pappas voting no, voted to table the following confirmation:
Executive Branch Ethics Committee - RSA 21-G:29
(Nominated by the State Treasurer)
Gregory L. Silverman (d), Concord Effective: June 30, 2016
Reappointment Term: June 30, 2019
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DEPARTMENT OF HEALTH AND HUMAN SERVICES (Tabled at G&C Meeting 8/24/16)
Office of the Commissioner
#6A TABLED – The Governor and Council on motion of Councilor Kenney, seconded by Councilor Wheeler voted to table the request to enter into an agreement with Mary Hitchcock Memorial Hospital, Lebanon, NH, to provide Physician Clinical and Administrative Services to meet the specialized health and related clinical and administrative needs of the residents of the State of NH, in an amount not to exceed $36,554,042. Effective November 1, 2016 or upon G&C approval, whichever is later, through June 30, 2019, with the option to renew for up to two three year periods. 40% Other, 28% Federal, 32% General Funds.
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DEPARTMENT OF SAFETY (Tabled at G&C Meeting 8/24/16)
#63A TABLED – The Governor and Council on motion of Councilor Sununu, seconded by Councilor Wheeler, voted to table the request to enter into a no-cost agreement with Rivada Networks LLC, Colorado Springs, CO, for the purpose of presenting an alternative statewide plan providing emergency responders with a high-speed wireless broadband network should the Governor choose to opt-out of the state plan created by FirstNet to be presented to the Governor in early 2017. Effective upon G&C approval.
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