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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
January 7, 2004 10:00 a.m.

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

The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Spaulding accepted the minutes of December 17, 2003.

The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Spaulding accepted the minutes of December 22, 2003.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wieczorek confirmed the appointment of several persons nominated for Civil Commissions from the December 17, 2003 meeting.

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

CONFIRMATIONS

The Governor and Council confirmed the following:

CONFIRMATION FAILED

The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin, and further on a roll call vote of: Councilor Burton - yes, Councilor Spaulding - no, Councilor Griffin - yes, Councilor Wieczorek - no, and Councilor Wheeler - no, voted to deny the following:

NOMINATIONS

The Governor placed into nomination the following:

OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as follows:

#1 Authorized to retroactively accept and expend a grant from the US Department of Commerce, National Oceanic and Atmospheric Administration, for the purpose of conducting a study entitled the Sustainability of Groundwater Resources in Southeastern NH, in the amount of $321,150. Effective August 1, 2003 to July 31, 2006.

#2 Authorized to accept and expend $15,000 in donations from FPL Energy Seabrook Station, Seabrook, NH, as detailed in letter dated December 11, 2003. Effective upon G&C approval.

#3 Authorized to enter into a memorandum of agreement with the University of NH, Office of Sponsored Research, Durham, NH, to enable the University of NH Cooperative Extension to coordinate and deliver the Natural Resources Outreach Coalition program in the coastal watershed in 2004, in the amount of $55,000. Effective upon G&C approval to December 31, 2004. 100% Federal Funds.

#4 Authorized to enter into an agreement with the US Geological Survey, Pembroke, NH, under the provisions of the Coastal Zone Management Act, in the amount of $170,600. Effective upon G&C approval through September 30, 2004. Federal Funds.

#5 TABLED - The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, voted to table the request to enter into an agreement with The Nature Conservancy, Concord, NH, for ecological inventories that will facilitate land protection activities around Great Bay, in the amount of $23,000. Effective upon G&C approval to December 31, 2004. Federal Funds.

#6 NOT USED

#7 Authorized to retroactively amend an existing agreement with the Department of Environmental Services, Concord, NH, Erosion and Sediment Control Certification Program, (previously approved by G&C on 3-5-03, item #2), for the purpose of extending the end date from December 31, 2003 to June 30, 2004.

#8 Authorized to retroactively amend an existing memorandum of agreement with the NH Department of Environmental Services, (previously approved by G&C on 5-10-00, item #14, amended on 8-14-02, item #22A), by changing the completion date from December 31, 2003 to September 30, 2004 and increasing funding by $2,546 for a new total of $27,380 Federal Funds.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:

#9 Authorized to retroactively amend an agreement with the Town of Boscawen, NH, (previously approved by G&C on 6-26-02), under the Community Development Block Grant Program to improve water and sewage collection systems, by extending the completion date from December 31, 2003 to December 31, 2004.

#10 Authorized to enter into an agreement with the City of Keene, NH under the Community Development Block Grant Program for the purpose of assisting Southwestern Community Services in the development of "The Highlands" affordable housing, in the amount of $500,000. Effective upon G&C approval through June 30, 2005. Federal Funds.

ADJUTANT GENERAL
The Governor and Council acted as follows:

#11 Authorized William N Reddel III, Londonderry, NH, be nominated for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to by physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#12 Authorized Stephen M Buck, Greenland, NH, be nominated fro promotion to the rank of Lieutenant Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to by physically, mentally, morally, and professionally qualified. This is a position vacancy promotion.

#13 Authorized Douglas M Aiken, Moultonborough, NH, be confirmed to the rank of Colonel, NH Air National Guard.

#14 Authorized to establish three Equipment Operator positions through June 30, 2004, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#15 Authorized to transfer $15,000, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#16 Authorized to amend a sole source contract with Reliable Security Guard Agency, Inc., Salem, NH for the provisions of adding additional security services at the State Military Reservation in Concord, NH, increasing the three-year contract price limitation amount of $393,481.60 by $50,785.26 for a revised total of $444,266.86. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:

#17 Authorized a report containing a list of vendors that agencies have contracted with for the period or July 1, 2003 through September 30, 2003, as detailed in letter dated December 9, 2003.

#18 Authorized Bureau of Court Facilities to enter into a retroactive contract with C&R Perennial Land Care LLC, for snow and ice removal services at the Portsmouth District Court in the amount of $12,745. Effective November 1, 2003 through April 30, 2006.

#19 Authorized Bureau of Court Facilities to enter into a retroactive contract with Sheldrick Trucking for snow and ice removal services at the Lebanon District Court in the amount of $16,800. Effective November 1, 2003 through April 30, 2006.

DEPARTMENT OF AGRICULTURE, MARKETS & FOOD
#20 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton authorized to establish a Consultant position through September 24, 2004, as specified in letter dated December 17, 2003. Fiscal Committee approved.

TREASURY DEPARTMENT
#21 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $5,785.31 to the rightful owners of abandoned or unclaimed funds.

DEPARTMENT OF REVENUE ADMINISTRATION
#22 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized to accept and place on file the annual report for the fiscal year ending June 30, 2003.

DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:

#23 Authorized Division of Libraries to enter into an agreement with Nicholas Isaak, Keene, NH, for the conservation of nine, oil on canvas paintings, located at the NH State Library, Concord, NH, in the amount of $4,875. 100% Other Funds.

#24 Authorized Division of Arts, to award the League of NH Craftsmen Inc., Concord, a Traditional Arts Grant in the amount of $2,500. 100% Federal Funds.

#25 Authorized to award The City of Portsmouth a Community Arts Development Grant in the amount of $5,000 and a Community Arts Project Grant in the amount of $2,000 for a total award of $7,000. 100% General Funds.

#26 Authorized Division of Arts to commission the artists as detailed in letter dated December 17, 2003, to create various works of art for the new Carroll County District Court House. 100% General Funds.

ATTORNEY GENERAL
The Governor and Council acted as follows:

#27 Authorized to expend up to $142,275 from the general fund for the purpose of entering into and continuing contracts for the provision of expert assistance and for other litigation costs in the case of State v. Manuel Gehring, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#28 Authorized to accept and expend a grant in the amount of $29,805 from the National Institute of Justice, Office of Justice Programs, to be used to enhance forensic science services at the NH State Police Crime. (2)Further Authorized to enter into a sub-grant with the NH Department of Safety, Division of State Police in the amount of $26,825, to be used to assist the State Police Crime Laboratory in the American Society of Crime Laboratory Directors accreditation process. Effective upon G&C approval to September 30, 2004. 100% Federal Funds.

#29 Authorized with Councilor Wheeler voting - no, to enter into two sub-grants with the NH Administrative Office of the Courts to be used to assist the Courts with Domestic Violence Order data entry and computer programming resources, in the total amount of $96,138. Effective upon G&C approval through September 30, 2004. 100% Federal Funds.

EMPLOYMENT SECURITY
#30 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wheeler authorized with Councilor Wheeler voting - no, to enter into a retroactive service agreement with Language Line, Inc., for telephone language translation services at the NHES offices statewide, in the amount not to exceed $120,000 for the three-year agreement. Effective July 1, 2003 through June 30, 2006. 100% Federal Funds.

PARI-MUTUEL COMMISSION
#31 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized to continue its membership and participation in the Association of Racing Commissioners, for an amount of $13,000. Effective January 1, 2004 through December 31, 2004. 84% General, 16% Other Funds.

INSURANCE DEPARTMENT
#32 The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized to establish the entrance salary for Barbara D Richardson, Assistant Commissioner at Group EE, Step 3. Effective upon G&C approval. 100% Other Funds.

LIQUOR COMMISSION
The Governor and Council acted as follows:

#33 Authorized to accept and expend Sweepstakes Incentive Award Funds from the Tri State Lotto Commission, South Barre, VT, in the amount of $1,000. Effective upon G&C approval through June 30, 2004. 100% Other Funds.

#34 Authorized to enter into an amendment to a sole source master lease with Dell Marketing LP., Round Rock, TX, for the acquisition of computer equipment required for the Liquor Commission disaster recovery site as well as the replacement of aging and maintenance heavy lap top computers, by increasing the price limitation from $620,556.10 to $803,633 and increase of $183,076.90, and extending the termination date for two years from January 31, 2007 to January 31, 2009. 100% General Funds.

DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:

#35 Authorized to pay $236,781 in overtime, for permanent personnel services, from salaries for vacant positions for the period of July 1, 2003 through November 20, 2003.

#36 Authorized to expend an amount not to exceed $11,000 from the Correctional Industries Revolving Account to purchase a 1993 Ford Diesel farm tractor, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#37 Authorized to enter into a retroactive three year lease agreement with Joseph Romano Realty Inc., for Probation/Parole District Office space in Franklin, NH, for a total of $8,670.24. Effective January 1, 2004 through December 31, 2007. 100% General Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT
The Governor and Council acted as follows:

#38 Authorized Division of Parks and Recreation, Cannon Mountain, to purchase liability insurance from The Rowley Agency Inc., Concord, NH, at a cost of $117,862. Effective retroactive to November 14, 2003 to November 14, 2004. Sole Source.

#39 Authorized to accept and place on file a detailed analysis of Park Revenue and Expenditures, including Cannon Mountain Ski area, for fiscal year 2003. (2)Further Authorized the Department reports implemented during the fiscal year to continually improve the profitability of ski operations.

#40 Authorized Division of Parks and Recreation, Cannon Mountain to renew membership for the 2003-2004 season with Ski New Hampshire, Inc., in the amount of $2,680.51. (2) Further Authorized to expend an amount up to $1,700 for alpine marketing and news clipping services. Total not to exceed $4,380.51.

#41 Authorized Division of Parks and Recreation to accept a donation of two all-terrain wheelchairs, a value of $5,000 from the Special Olympics of NH, Manchester, NH.

#42 Authorized Division of Parks and Recreation to enter into a sole source service agreement with Ray's Electric Inc., Berlin, NH, for electrical service of the two backup generators at Mt. Washington, as detailed in letter dated November 4, 2003, in the amount of $10,681.45. Effective upon G&C approval through January 14, 2004.

#43 Authorized Division of Parks and Recreation, Cannon Mountain to enter into a Sponsor Agreement with Lakes Region Volkswagen, Gilford, NH. Lakes Region VW/Audi is donating the use of a vehicle for one year in return for a promotional partnership with Cannon Mountain. Effective upon G&C approval through November 30, 2004.

#44 Authorized Bureau of Trails to accept and expend the donations totaling $995 in memory of Joshua Hemeon of Dover, NH, as detailed in letter dated December 19, 2003.

#45 Authorized Division of Parks and Recreation, Bureau of Trails to enter into a Grant-in-Aid Trail Maintenance Contract with the NH snowmobile clubs as detailed in letter dated December 9, 2003. Effective upon G&C approval through February 28, 2004.

DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:

#46 Authorized to establish the unclassified position of Chief Operations Officer through June 30, 2005, and place this position in salary grade GG Step 3 with a salary of $69,533, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#47 Authorized to budget and expend prior year carry-forward funds in the amount of $600,000 as detailed in letter dated December 17, 2003. Effective upon G&C approval through June 30, 2004. 100% Other.

#48 Authorized with Councilor Wheeler voting - no, to accept and expend $40,000 of funds from the Office of State Planning and Energy Programs to set up pilot programs that will demonstrate the viability of bio-diesel use. Effective upon G&C approval through June 30, 2004. (2)Further Authorized to enter into a retroactive grant agreement with Mount Cranmore Ski Resort Inc., North Conway, NH, to undertake a pilot project for the use of bio-diesel in four Bombardier snow groomers that are used for conditioning ski slopes at Cranmore, and other miscellaneous diesel equipment on site, in an amount not to exceed $14,000. Effective November 1, 2003 through June 30, 2004.

#49 Authorized to accept and expend several grants of various amounts as detailed in letter dated December 4, 2003, from the US Environmental Protection Agency to implement a program to train drinking water system operators. Effective upon G&C approval through December 31, 2004. Federal Funds.

#50 Authorized to increase the Wastewater State Aid Grant awards by $34,645 from an aggregate amount of $696,641 to $731,286 for water pollution control projects covered under RSA 486. Effective upon G&C approval. 100% General Funds.

#51 Authorized to retroactively amend an agreement with Resource Management Inc., Ashland, NH (amendment five was previously approved by G&C on 9-20-00, item #68), for turnkey management services for bio-solids generated at the Franklin Wastewater Treatment Plant, raising the total cost of the contract by $66,325.97 from $1,094,569.67 to $1,160,895.64. Effective upon G&C approval. 100% Other. (2)Further Authorized to make a retroactive payment of $4,868.71 for bio-solids management charges incurred in FY03 with FY 04 budgeted appropriations.

#52 Authorized loan agreement with the Town of Hanover for the purpose of upgrading the Town's WWTP, in the amount of $3,000,000 as detailed in letter dated November 24, 2003.

#53 Authorized loan agreement with the City of Concord, for the purpose of financing the construction of the improvements to the Penacook WWTP, in the amount of $3,930,000 as detailed in letter dated December 12, 2003.

#53A Authorized supplemental loan agreement with the Town of Newport (previously approved by G&C on 7-10-02, item #66), for the purpose of financing the Town of Newport's Sewer Rehabilitation Project, in the principal amount of $421,838.73. Effective upon G&C approval.

#54 Authorized supplemental loan agreement with the Town of Gilford (previously approved by G&C on 6-6-01, item #46), for the purpose of financing the Town of Gilford's Interceptor Project, in the principal amount of $2,295,649.88. Effective upon G&C approval.

#55 Authorized supplemental loan agreement with the City of Portsmouth (previously approved by G&C on 12-6-00, item #130), for the purpose of financing the replacement of the Spinney Road storage tank, in the principal amount of $1,162,559.78. Effective upon G&C approval.

#56 Authorized Don Albertson's request to construct a pier supported by pilings leading to a ramp and a float on frontage on property located along the Sagamore Creek in Portsmouth.

#57 Authorized Bruce Crockett's request to construct a pier supported by pilings leading to a ramp and a float on frontage on property located along the Sagamore Creek in Portsmouth.

#58 Authorized Drew & Natalie Koellmer's request to construct two landings to be connected by stairs, leading to a ramp and two floats to be arranged in a T-shape on frontage on property located along the Bellamy River in Dover.

#59 Authorized NSTS Development's request to amend a permit (previously approved by G&C on 5-30-02), to increase fill to construct breakwater in a dogleg configuration with a gap at the shoreline and a cantilevered pier connected to a crib supported wharf by a walkway accessed by a walkway on frontage on property located at Rum Point on Lake Winnipesaukee in Alton.

#60 Authorized Woodwind Farms LLC's request to construct a permanent pier supported by pilings and a ramp leading to float arranged in a T-shape on frontage on property located along the Cocheco River in Dover.

#61 Authorized Daniel Ayer's request to construct two concrete slabs connected by stairs on the existing ledge in order to provide a stable platform for a ramp leading to a float on frontage on property located along the Cocheco River in Dover.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:

#62 Authorized to accept additional federal revenue and other revenue in the amount of $1,808,100 in State Fiscal year 2004 and $1,508,100 in State Fiscal Year 2005 as detailed in letter dated November 26, 2003. Effective upon G&C approval through June 30, 2005.

Office of Administration
#63 Authorized to retroactively accept rent free space from the Fist Congregational Church of Ossipee, NH. Effective upon G&C approval and to end thirty six months thereafter. Sole Source. No Cost.

Division of Elderly & Adult Services
#64 Authorized to amend an existing sole source agreement with Life Coping Inc., Nashua, NH, (previously approved by G&C on 9-17-03, item #107), to provide an Alzheimer's Disease and Related Disorders Respite Support Program by increasing the amount by $43,165 from $118,153 to $161,318. Effective upon G&C approval through June 30, 2004. 100% Federal.

#65 NOT USED

Division for Juvenile Justice Services
#66 Authorized to accept material donations, as specified in letter dated December 17, 2003. Fiscal Committee approved.

New Hampshire Hospital
#67 Authorized to compensate Tammy Beaudoin, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#68 Authorized to compensate Ruth Emerson, a Mental Health Worker in the Patient Care Services area, for time lost and wages while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#69 Authorized to accept and expend a $100 donation, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#70 TABLED - The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton, voted to table the request to enter into a contract with Sodexho Operations, LLC, Gaithersburg, MD, to provide the purchase of food and food related products and the lease of services, systems and equipment for the Hospital's Food and Nutrition and Environmental Services departments, in the amount of $2,352,006.14. Effective retroactive to January 1, 2004 through June 30, 2006. 71.54% General Funds, 28.46% Other.

Division of Family Assistance
#71 WITHDRAWN - The agency withdrew the request to award a two year grant totaling $271,511 to the City of Nashua Transit System, Nashua, NH, to provide matching funds to the City of Nashua's Federal Department of Transportation's Job Access Reverse Commute grant. Effective retroactive to July 1, 2003 through June 30, 2005. 100% Federal.

#72 Authorized to enter into a memorandum of understanding with the Office of Energy and Planning for the administration of the Federal Refugee Resettlement Program. Effective retroactive to July 1, 2003 through June 30, 2004.

#73 Authorized to enter into a contract with Lutheran Community Services of NH in Concord, to provide direct services to the NH refugees, in an amount not to exceed $190,000. Effective retroactive to October 1, 2003 through September 30, 2004. 100% Federal.

#74 Authorized to enter into a contract with the International Institute of Boston through its subsidiary the International Institute of NH in Manchester, to provide direct services to NH refugees, in an amount not to exceed $210,000. Effective retroactive to October 1, 2003 through September 30, 2004. 100% Federal.

#75 Authorized to enter into a contract with Order of Saint Benedict of NH Inc., dba St. Anselm College, Manchester, NH, to provide English for Speakers of Other Languages to NH refugees, in an amount not to exceed $39,067. Effective retroactive to October 1, 2003 through September 30, 2004. 100% Federal.

Office of Community & Public Health
#76 Authorized to accept and expend $340,718 in federal funds, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#77 Authorized to accept and expend $230,347 in federal funds, as specified in letter dated December 17, 2003. Fiscal Committee approved.

#78 NOT USED

#79 Authorized Bureau of Maternal and Child Health to amend an existing agreement with Jane G. Stapleton, dba Stapleton Consulting, Durham, NH, (previously approved by G&C on 4-2-03, item #K), to do a no-cost extension to finalize the development of a state action plan to address violence against women and extend the Completion date retroactively from December 31, 2003 to March 30, 2004. Effective upon G&C approval.

#80 Authorized Bureau of Rural Health and Primary Care to enter into an agreement with Bi-State Primary Care Association, Concord, NH, to assist healthcare safety net providers to recruit healthcare professionals in medically underserved areas of NH, totaling $180,000. Effective upon G&C approval through June 30, 2005. 100% General.

#81 Authorized HIV/STD Prevention Bureau to enter into an agreement with AIDS Services for the Monadnock Region, Keene, NH, to provide Human Immunodeficiency Virus prevention education, totaling $39,650. Effective upon G&C approval through June 30, 2004. 100% Federal.

#82 NOT USED

#83 Authorized STD/HIV Prevention Bureau to amend an agreement with Southern NH HIV/AIDS Task Force, Nashua, NH, (previously approved by G&C on 7-16-03, item #H), to provide Human Immunodeficiency Virus Prevention Services, by increasing the price limitation by $29,475 from $181,928 to $211,403. 100% Federal.

#84 Authorized Bureau of Rural Health and Primary Care to enter into an agreement with Stroudwater Associates, Portland, ME, to provide an assessment of the performance improvement needs of 13 rural hospitals totaling $11,138. Effective upon G&C approval through June 30, 2004. 100% Federal.

#85 Authorized Bureau of Health Statistics and Data Management to amend a sole source agreement with the Trustees of Dartmouth College of Hanover, NH, (previously approved by G&C on 5-15-02, item #107), to provide funds for the operation and maintenance of the NH State Cancer Registry, by increasing the price limitation by $44,000 from $972,510 to $1,016,510. Effective upon G&C approval. 100% Federal.

#86 Authorized Bureau of Rural Health and Primary Care to enter into an agreement with Berry, Dunn, McNeil & Parker, August, ME, to provide expertise not available within state agencies to rural communities looking at methods to sustain or improve their access to quality health care services, totaling $189,200. Effective upon G&C approval through June 30, 2005. 100% Federal.

#87-#97 NOT USED

NEW HAMPSHIRE BOARD OF NURSING
#97A The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized to enter into a contract with Kang Company, Inc., Concord, NH, for janitorial services, in an amount not to exceed $7,000. Effective upon G&C approval through December 31, 2004.

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#98 Authorized to enter into a $12,300 contract with Interstate Concrete of Loudon, NH, to complete the first floor of Troop D, Concord, NH. Effective upon G&C approval through June 30, 2004.

#99 Authorized to amend an existing contract with Waste Management Inc., Hampton, NH, (previously approved by G&C on 10-8-03, item #130), for trash pick up, by increasing the existing contract for the two-year period from $5,424 to $6,466.17, an increase of $1,042.17. Effective upon G&C approval through June 30, 2005.

#100 Authorized Division of State Police to retroactively enter into a snow-plowing contract with Bruce Robinson Company of Tamworth, NH, to snow plow Troop E, in the amount of $6,000.

#101 Authorized Division of State Police to enter into a snow-plowing contract with Kimberly Fredrickson of Concord, NH, dba Winslow Farm Enterprises, in the amount of $6,000. Effective upon G&C approval through June 30, 2004. 100% Highway.

#102 Authorized Division of Watercraft Safety to retroactively enter into a cleaning contract with Joyce Janitorial Services of Lakeport, NH, in the amount of $10,044. Effective July 1, 2003 through June 30, 2004. 100% Fees.

#103 Authorized Division of State Police to enter into a snowplowing contract with Piecuch Enterprises of Lee, NH, in the amount of $6,000 for the 2003-2004 winter season. Effective upon G&C approval through June 30, 2004. 100% Highway.

#104 Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to hold a workshop for "Emergency Planning & Special Needs Populations" on January 13, 14, and 15, 2004 at the Wynwood Hotel & Suites, Portsmouth, NH, in an amount not to exceed $7,353. (2)Further Authorized a contract with Wynwood Hotel & Suites, Portsmouth, NH, for a function room, meals, and rooms in the amount of $7,353. Effective upon G&C approval through January 15, 2004.

#105 Authorized to reallocate funds within the Homeland Security - Communications grant (previously approved by G&C on 12-3-03, item #54), as detailed in letter dated December 9, 2003.

#106 Authorized Division of Fire Safety and Emergency Management, Office of Emergency Management to retroactively enter into a grant with the City of Concord for costs associated with the execution of a weapons of mass destruction full scale exercise on October 19, 2003, in the amount of $19,772.83. 100% Federal.

#107 Authorized Division of Motor Vehicles to amend a federal grant titled "High Priority Border Grant", (previously approved by G&C on 10-23-02), by extending the termination date from September 30, 2003 to a new date of February 28, 2004. (2)Further Authorized to reallocate funds between classes as detailed in letter dated December 16, 2003.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#108 NOT USED

#109 Authorized to enter into a sole source contract with Campus Compact for NH, Concord, NH, to continue providing training and technical assistance for the Community, Higher Education & Student Partnership grant, in an amount not to exceed $44,500. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.
#110 Authorized Division of Adult Learning and Rehabilitation to enter into a retroactive contract with Dean Giftos, DDS, sole proprietor, Nashua, NH, to provide dental consultation in an amount not to exceed $33,708. Effective October 1, 2003 through September 30, 2005. (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.

#111 Authorized to enter into a retroactive contract with Lakes Region Community Services Council, Laconia, NH, to provide services to students with developmental and learning disabilities transitioning from school to work, for a total not to exceed $98,223.86. Effective October 1, 2003 until September 30, 2004. 100% Federal Funds.

#112 Authorized to grant funds to Parent Information Center, Concord, NH, to develop regional support networks for parents of children and youth with disabilities and their families, for an amount not to exceed $149,945. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. Effective upon G&C approval through December 31, 2004. 100% Federal Funds.

#112A 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 $16,650. Effective upon G&C approval through September 30, 2004. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. 96% Federal Funds, 4% General Funds.

#113-#115 NOT USED

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#116 Authorized to accept and place on file the Bureau of Right-of-Way's Contemplated Award list for the period November 22, 2003 through December 17, 2003.

#117 Authorized to pay Small Claims submitted for the period of January, 2004 to March, 2004.

#118 Authorized to enter into a sole source contract with Federal Highway Administration Finance Division, National Highway Institute, Washington, DC, for an amount not to exceed $59,000 for training in Federal FY2004.

#119 Authorized to enter into a sole source contract with John Albeck, dba Trafficware Training Services, totaling $5,800. Federal.

#120 Authorized Bureau of Right of Way to amend the current Property Management contract approved by G&C on 10-23-02, to add an audit provision, as detailed in letter dated November 10, 2003.

#121 Authorized Bureau of Turnpikes contract with Waste Management of NH Inc., Rochester, NH, to accept rubbish delivered by Bureau of Turnpikes vehicles, totaling $23,750. Effective January 1, 2004 through December 31, 2005.

#122 Authorized Bureau of Highway Design to modify the agreement with CLD Consulting Engineers, Incorporated, Manchester, NH, (previously approved by G&C on 1-5-00, item #106), for engineering services, by increasing the total lump-sum fee by $18,745 from $526,604 to $545,349. 80% Federal, 20% Other.

#123 NOT USED

#124 Authorized to execute a Loan Agreement with the Claremont Concord Railroad Corporation, Claremont, NH, for railroad rehabilitation and equipment for Class III Railroads and Cog Railroads that operate in the State of NH, in an amount not to exceed $45,000.

#125 Authorized to execute a Loan Agreement with the NH Southern Railroad Co., Concord, NH, for railroad rehabilitation and equipment for Class III Railroads and Cog Railroads that operate in the State of NH, in an amount not to exceed $35,000. 100% Capital.

#126 Authorized to execute a Loan Agreement with the Mount Washington Railway, Mount Washington, NH, for railroad rehabilitation and equipment for Class III Railroads and Cog Railroads that operate in the State of NH, in an amount not to exceed $75,000.

#127 Authorized Bureau of Right of Way to quitclaim whatever interest the State of NH may have in the Old New Boston Road Highway Easement that is more than fifty feet Northerly of the New Boston Road highway center line, as now traveled, in the Town of Bedford to Pulte Homes of New England, LLC where it abuts other land of said Pulte Homes of New England, LLC.

#128 Authorized Bureau of Right of Way to quitclaim whatever interest the State of NH may have in a portion of the existing Right-of-Way at the intersection of NH Route 16 and US Route 302 in the Town of Conway beyond the limits of the proposed Controlled Access Right-of-Way to Waltham II Realty Trust in exchange for a portion of land located on the Easterly side of NH Route 16.

#129 NOT USED

#130 Authorized Bureau of Construction contract with Frank W Whitcomb Construction Corp., Walpole, NH, on the basis of a low bid of $524,344.75, consisting of the rehabilitation of the bridge that carries NH 10 over the South Branch Sugar River and associated improvements of the roadway approaches to the bridge. Effective upon G&C approval through September 24, 2004. Federal.

#131 Authorized Bureau of Public Works to amend the contract with Ewing Electrical Company, Inc., Deerfield, NH, (previously approved by G&C on 1-15-02, item #146), for Fire Alarm Installation, by increasing the contract by $6,669.20 for a new contract total of $210,419.20. 96.15% State, 3.85% Other.

#132 Authorized Bureau of Municipal Highways to enter into a Cooperative Project Agreement with the University of NH, Civil Engineering Department, Durham, NH, for the continuation of the Local Technical Assistance Program, for a fee not to exceed $644,000.

#133 TUITION REQUESTS
The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized the requests:

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Laconia, NH, the sum of $610.00 for the sole purpose of enrolling Christine Merritz, Associate Professor, in the course entitled "Learning in Adulthood".

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Laconia, NH, the sum of $610.00 for the sole purpose of enrolling William Miller, College Counselor, in the course entitled "Learning in Adulthood".

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Laconia, NH, the sum of $610.00 for the sole purpose of enrolling Janet Paddack, Professor, in the course entitled "Learning in Adulthood".

D. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Laconia, NH, the sum of $610.00 for the sole purpose of enrolling Frances Seigle, Professor, in the course entitled "Learning in Adulthood".

E. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $985.00 for the sole purpose of enrolling Laurilee Shennett, College Counselor, in the course entitled "Learning in Adulthood".

F. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $627.00 for the sole purpose of enrolling Andrea Stickney, Technical Support Specialist, in the course entitled "Western Civilization I: Prehistory to Renaissance".

G. EDUCATION - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,020.00 for the sole purpose of enrolling Susan Gifford, Education Consultant, in the course entitled "Qualitative Research".

H. ENVIRONMENTAL SERVICES - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $473.00 for the sole purpose of enrolling Raymond Gordon III, Supervisor, in the course entitled "Visual Basic".

I. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $1,660.00 for the sole purpose of enrolling Michael Juranty, Civil Engineer V, in the course entitled "Environmental Engineering Microbiology".

J. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $2,400.00 for the sole purpose of enrolling Richard Rumba, Air Toxics Program Manager, in the courses entitled "Biostatistics" and "Epidemiology".

K. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Boston University, Boston, MA, the sum of $2,680.00 for the sole purpose of enrolling Alyssa Adams, Child Protective Services Worker, in the courses entitled "Field Education II" and "Communities and Organizations".

L. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay St. Joseph's College of Maine, Standish, ME, the sum of $850.00 for the sole purpose of enrolling Sandra Auvil, Public Health Nurse Coordinator, in the course entitled "Conceptual Bases for Nursing".

M. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Manchester, NH, the sum of $1,524.00 for the sole purpose of enrolling Margaret Bishop, Administrator III, in the courses entitled "Grant Writing" and "Housing Course".

N. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Manchester, NH, the sum of $1,524.00 for the sole purpose of enrolling Robert Boisvert, Assistant Administrator, in the courses entitled "Economics of Change" and "Program Evaluation".

O. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Manchester, NH, the sum of $2,286.00 for the sole purpose of enrolling Jade LeBlanc, Child Protective Social Worker II, in the courses entitled "Human Nature, Development and Assessment", "Program Evaluation", and "Issues in Law Enforcement/Practice and Policy".

P. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Wheelock College, Boston, MA, the sum of $1,360.00 for the sole purpose of enrolling Dawn Rouse, Program Specialist I, in the course entitled "Impact of Special Needs".

Q. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Springfield College, Springfield, MA, the sum of $5,820.00 for the sole purpose of enrolling Elaine-Marie Surrell, Child Protection Services Worker, in the courses entitled "Social Work Practice IV", "Field Practice and Seminar IV", and "Social Policy III".

R. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,179.00 for the sole purpose of enrolling Dianne Donovan, Program Specialist II, in the course entitled "Epidemiology".

S. HEALTH & HUMAN SERVICES, Office of Program Support - Request permission to pay New Hampshire Community Technical College, Laconia, NH, the sum of $408.00 for the sole purpose of enrolling Susan Dupuis, Executive Secretary, in the course entitled "Fundamentals of Mathematics".

T. NH HOSPITAL - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $428.00 for the sole purpose of enrolling Teresa Bryant, Social Worker III, in the course entitled "Psychosocial Development".

U. NH HOSPITAL - Request permission to pay New England College, Henniker, NH, the sum of $128.00 for the sole purpose of enrolling Janet Ceruti Knab, Administrator II, in the course entitled "Marketing Management in Healthcare & Services".

V. NH HOSPITAL - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $429.00 for the sole purpose of enrolling Lynda Ricker, Mental Health Worker II, in the course entitled "Human Growth & Development: The Life Span".

W. NH HOSPITAL - Request permission to pay Rivier College, Nashua, NH, the sum of $1,845.00 for the sole purpose of enrolling Regina Sanders, Registered Nurse III, in the course entitled "Research Advisement".

X. NH HOSPITAL - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,398.00 for the sole purpose of enrolling Corey Sheehan, Mental Health Worker III, in the courses entitled "Crime & Violence in American Society" and "Psychology of Individual Differences & Special Needs".

Y. NH HOSPITAL - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $616.00 for the sole purpose of enrolling Jean Sibbers, Psychiatric Social Worker, in the course entitled "Anatomy & Physiology II".

Z. NH HOSPITAL - Request permission to pay the College for Lifelong Learning, Concord, NH, the sum of $793.00 for the sole purpose of enrolling Donna Thoroughgood, Program Assistant II, in the course entitled "Introduction to Philosophy".

AA. NH HOSPITAL - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $576.00 for the sole purpose of enrolling Lisabeth Townsend, Mental Health Worker II, in the course entitled "Anatomy & Physiology II".

BB. NH HOSPITAL - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $2,373.00 for the sole purpose of enrolling Diane Viger, Infection Control Practitioner, in the courses entitled "Biostatistics" and "Epidemiology".

CC. RESOURCES & ECONOMIC DEVELOPMENT - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $3,447.75 for the sole purpose of enrolling Margaret Joyce, Program Specialist IV, in the courses entitled "Policy and Program Evaluation" and "Readings and Research".

DD. REVENUE - Request permission to pay the New Hampshire Technical Institute, Concord, NH, the sum of $473.00 for the sole purpose of enrolling Barbara Dutile, Technical Support Specialist V, in the course entitled "Networking Theory II".

EE. REVENUE - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $473.00 for the sole purpose of enrolling Dean Weeks, Technical Support Specialist IV, in the course entitled "Networking Theory II".

FF. TRANSPORTATION - Request permission to pay UMass Lowell, Lowell, MA, the sum of $612.24 for the sole purpose of enrolling Ashok Kakadia, Civil Englineer II, in the course entitled "Advanced Strength of Materials".

GG. TRANSPORTATION - Request permission to pay Columbia Southern University, Orange Beach, AL, the sum of $172.50 for the sole purpose of enrolling Susan Quigley-Moran, Safety Specialist, in the on-line course entitled "Industrial & Hazardous Materials".

HH. TRANSPORTATION - Request permission to pay Antioch New England Grad School, Keene, NH, the sum of $1,750.00 for the sole purpose of enrolling Russell St. Pierre, Environmentalist III, in the courses entitled "General Practicum/Practicum Seminar" and "Environmental Evolution".

LATE ITEMS

DEPARTMENT OF SAFETY
A. Authorized to enter into sub-grants with the state agencies as detailed in letter dated Novmeber 18, 2003, to be used to increase the ability of State agencies to mitigate a "weapons of mass destruction" type incident, in the amount of $1,428,365. Effective upon G&C approval through May 30, 2005. 100% Federal Funds.

B. Authorized to enter into sub-grants with the state agencies as detailed in letter dated November 18, 2003, to be sued to increase the ability of State agencies to mitigate a "weapons of mass destruction" type incident, in the amount of $598,000. Effective upon G&C approval through May 30, 2005. 100% Federal Funds.

DEPARTMENT OF EDUCATION
C. Authorized to exercise its renewal option with Measured Progress, Inc., Dover, NH, (previously approved by G&C on 8-9-00, item #140, and a renewal option previously approved by G&C on 8-14-02, item #209), to ad minister the statewide educational assessment at grades 3, 6, and 10 in Reading and Mathematics, in an amount not to exceed $2,341,167. Effective upon G&C approval through December 31, 2004. 100% Federal Funds.

DEPARTMENT OF ADMINISTRATIVE SERVICES
D. Authorized to accept and place on file the Annual Financial Report for the year ended June 30, 2003.

DEPARTMENT OF TRANSPORTATION
E. Authorized to enter into a contract with North Branch Construction, Inc, Henniker, NH, for the Low Bid Design/Build Division of Motor Vehicles - Phase II, Concord, NH, for a lump sum price of $4,119,549.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
F. Authorized to transfer emergency management activities conducted by DHHS to Department of Safety through the following actions:

1. Pursuant to Chapter 319:1-IV, Transfer appropriations from various classes to class 091. Fiscal Committee approved.
2. Authorized Safety to accept and expend funds specifying amount by class.
3. Pursuant to RSA 98-B, transfer certain positions from DHHS to Safety from January 1, 2004 to June 30, 2004.
4. Authorized memorandum of understanding with Safety for transfer of emergency preparedness funds.
5. Pursuant to Chapter 319:1-IV, Transfer appropriations from various classes to class 091. Fiscal Committee approved.
6. Authorized Safety to accept and expend funds specifying amount by class.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Spaulding, voted to remove item #54 - which was tabled at the October 8, 2003 meeting.

NEW HAMPSHIRE FISH AND GAME DEPARTMENT
#54 The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, voted to approve the request to enter into a memorandum of agreement with the Office of State Planning and Energy Programs under the provisions of the National Oceanic and Atmospheric Administration for the purpose of researching marsh bird species of concern, in the amount of $23,000. (2)Further Authorized to accept and expend funds received from Office of State Planning and Energy Programs in support of the above noted memorandum of agreement in the amount of $23,000. Effective upon G&C approval through September 30, 2004. (3)Further Authorized to enter into a Cooperative Project Agreement with the University of NH, under the terms and conditions of the Master Agreement for Cooperative Projects in the amount of $65,000 for the purpose of researching marsh bird species of concern. Effective upon G&C approval through January 31, 2006. 100% Federal.

Next Governor and Executive Council meeting is scheduled for Wednesday, January 21, 2004 at 10:00 a.m. at the State House in Concord, NH.

The Honorable Board then Adjourned