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Minutes
February 25, 2005
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
February 25, 2005 10:00 a.m.

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

The Governor and Executive Council on motion of Councilor Pignatelli, seconded by Councilor Wieczorek,
accepted the minutes of February 9, 2005.

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Griffin
approved the appointment of several persons nominated for Civil Commissions from the February 9, 2005 meeting.

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

RESIGNATIONS

The Governor and Council, with regret and thanks, accepted the following:

Board of Nursing
Elizabeth S. Gabler, Hebron Effective: January 31, 2005

CONFIRMATIONS

The Governor and Council confirmed the following:

Advisory Committee on Marine Fisheries
David Goethel, Hampton
Reappointment
Effective: February 25, 2005
Term: September 29, 2007
Board of Acupuncture Licensing
Sheryl L. Wookey, Hampton
Succeeding: Max E. Warren, Lempster
Effective: February 25, 2005
Term: October 14, 2007
 
Board of Land Surveyors
Gregory Brown, Manchester
Succeeding: Douglas Burnell, Conway, (reached term limit)
Effective: February 25, 2005
Term: February 3, 2010
 
Compensation Appeals Board
Labor
Anne C. Eaton, Concord
Reappointment
Effective: February 25, 2005
Term: February 13, 2008
 
Compensation Appeals Board
Employer-Insurer
David Foster, Northfield
Reappointment
Effective: February 25, 2005
Term: February 9, 2008
 
Compensation Appeals Board
Labor
Robert J. Kirby, Manchester
Reappointment
Effective: February 25, 2005
Term: February 13, 2008
 
Compensation Appeals Board
Labor
Mark MacKenzie, Manchester
Reappointment
Effective: February 25, 2005
Term: February 9, 2008
 
Compensation Appeals Board
Labor
Denis Parker, Bedford
Reappointment
Effective: February 25, 2005
Term: February 9, 2008
 
Compensation Appeals Board
Employer-Insurer
Dennis Teravainen, Hooksett
Reappointment
Effective: February 25, 2005
Term: February 13, 2008
 
Compensation Appeals Board
Employers-Insurers
George T. Wells, Derry
Reappointment
Effective: February 25, 2005
Term: February 9, 2008
 
State Board of Education
District 4
Mary Elizabeth McNeil, Bedford Effective: February 25, 2005
Reappointment Term: January 31, 2009
 
State Board of Education
District 2
David B. Ruedig, Concord Effective: February 25, 2005
Reappointment Term: January 31, 2009
 
Speech-Language Pathology Governing Board
Carol Ann Moran, Nashua
Succeeding: Rita Kirk, Nashua (reached term limit) Effective: February 25, 2005
Term: March 4, 2008
 
State Library Advisory Council
Stephen Kennedy, Dunbarton (r)
Succeeding: Mary Ann Knowles, Hudson (d) (reached term limit) Effective: February 25, 2005
Term: July 26, 2007
 
Fire Standards and Training Commission
Fire Prevention Society
George E. Sykes, Lebanon
Succeeding: Corey Landry, Greenland
Effective: February 25, 2005
Term: February 14, 2008
 
NOMINATIONS
The Governor placed into nomination the following:
 
Board of Acupuncture Licensing
Jeanne Ann Whittington, Dunbarton
Reappointment
Effective: Upon Confirmation
Term: October 14, 2007
 
Board of Chiropractic Examiners
Public Member
Laura V. Althoff, Concord
Succeeding: Christopher McRae, Goffstown (resigned) Effective: Upon Confirmation
Term: December 28, 2008
 
Adult Parole Board
Cecile Hartigan, Concord
Succeeding: Nick Hart, Manchester (resigned) Effective: Upon Confirmation
Term: March 15, 2010
 
Adult Parole Board
George Iverson, Hampton
Reappointment
Effective: Upon Confirmation
Term: March 8, 2010
 
Fish and Game Commission
Belknap County
Patricia I. Costa, Center Barnstead (i)
Vacancy
Effective: Upon Confirmation
Term: June 29, 2006
 
State Historical Records Advisory Board
Paul R. Bergeron, Hudson
Reappointment
Effective: Upon Confirmation
Term: February 2, 2008
 
State Historical Records Advisory Board
Edouard L. Desrochers, Exeter
Reappointment
Effective: Upon Confirmation
Term: October 19, 2007
 
Judicial Council
Lay Person
John Hammond, New London Reappointment
Effective: Upon Confirmation
Term: January 1, 2008
 
Judicial Council
Lay Person
David N. Page, Sunapee
Reappointment
Effective: Upon Confirmation
Term: January 1, 2008
 
Judicial Council
Attorney
Phillip Utter, Exeter
Reappointment
Effective: Upon Confirmation
Term: October 18, 2007
 
Judicial Council
Lay Person
Richard Winters, Meriden
Reappointment
Effective: Upon Confirmation
Term: January 1, 2008
 
Municipal Records Board
David Proper, Keene
Reappointment
Effective: Upon Confirmation
Term: August 18, 2007
 
Respiratory Care Practitioners Board
Robert G. Fishwick, Weare
Succeeding: James Daley, Lyme (reached term limit) Effective: Upon Confirmation
Term: January 8, 2008
 
New Hampshire Retirement System Board of Trustees
Nominated by the NH State Employees Association
Charles C. Koontz, Hopkinton
Reappointment
Effective: Upon Confirmation
Term: July 1, 2006
 
New Hampshire Retirement System Board of Trustees
Nominated by the NH Education Association
Joseph G. Morris, Bedford
Reappointment
Effective: Upon Confirmation
Term: July 1, 2006
 
Department of Safety: Director of Fire Standards and Training and Emergency Medical Services
Nominated by the Commissioner of the Department of Safety
Richard A. Mason, Portsmouth Effective: March 31, 2005
Reappointment Term: March 31, 2009
Salary: GG5, $77,255

BUSINESS FINANCE AUTHORITY
The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Spaulding and further on a roll call vote as follows: Councilor Burton - yes, Councilor Spaulding - yes, Councilor Griffin - yes, Councilor Wieczorek - yes, and Councilor Pignatelli - yes, Authorized to hold a Public Hearing with respect to the purchase by the Business Finance Authority of a loan made by Strafford Economic Development Corporation to Gavin & More Investments, LLP and Vernay Moving Systems, Inc., dba Vernay Moving & Storage located in Dover, 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 25, 2005
COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

* * * * * * *

At approximately 11:00 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan to be made by Strafford Economic Development Corporation 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. Michael Donahue, Senior Credit Officer 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 Griffin introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:10 WITH RESPECT TO A CERTAIN LOAN FROM STRAFFORD ECONOMIC DEVELOPMENT CORPORATION" and moved its adoption, which was seconded by Councilor Wieczorek. There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and Councilor Burton, Councilor Spaulding, Councilor Griffin, Councilor Wieczorek, and Councilor Pignatelli; those abstaining were Councilor(s): None; and those voting against were Councilor(s): None. The Governor declared that the resolution was passed.

* * * * * * *

A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE
UNDER RSA 162-A:10 WITH RESPECT TO A CERTAIN LOAN FROM
THE STRAFFORD ECONOMIC DEVELOPMENT CORPORATION TO
GAVIN & MORE INVESTMENTS, LLP AND VERNAY MOVING SYSTEMS, INC.,
D/B/A VERNAY MOVING & STORAGE

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to the purchase and acquisition by the Authority of a loan in the principal amount of up to Two Hundred Ninety-Five Thousand Dollars ($295,000) (the "Loan") made by the Strafford Economic Development Corporation, a corporation, organized and existing under the laws of the State of New Hampshire and a local development organization (the "Lender") to Gavin & More Investments, LLP, a New Hampshire limited liability partnership and Vernay Moving Systems, Inc., d/b/a Vernay Moving & Storage, a New Hampshire corporation (the "Borrower") used to purchase real estate at 15A Interstate Drive, Somersworth, New Hampshire.
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 purchase of the Loan by the Authority upon the making of specific findings after public hearing;

WHEREAS, the Governor and Council have received all the documentation and information with respect to the proposed purchase of the 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 Determinations. On the basis of the documentation and information received by the Governor and Council, and after a public hearing the Governor and Council find:

(a)Special Findings

(i) The purchase and acquisition of the Loan will make available funds for the local or regional promotion, encouragement, or development of business activities in an area where such funds are needed; and

(ii) The Loan to be purchased by the Authority does not impose an undue risk of loss to the Authority.

(b) General Findings.

(i) The purchase of the Loan by the Authority as proposed will serve a public use and provide a public benefit.

(ii) The purchase of the Loan by the Authority as proposed is within the policy of, and the authority conferred by RSA Chapter 162-A.

(iii) The purchase of the Loan by the Authority as proposed will preserve or increase the social welfare or economic prosperity of the state and one or more of its political subdivisions, and will promote the general welfare of the state's citizens.

(iv) The purchase of the Loan by the Authority as proposed will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

2. Approval. The Governor and Council approve the purchase of the Loan by the Authority as recommended by the Authority and authorize the Authority to cause the execution and delivery of a Loan Purchase Agreement substantially in the form submitted to the Governor and Council and to take such further action under 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 25, 2005.

OFFICE OF THE GOVERNOR
#2 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to establish a Petty Cash Fund in the amount of $500.

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

#3 Authorized to accept and expend a grant in the amount of $100,000 from the US Department of Energy (previously approved by G&C on 11-13-02, item #9), for the Granite State Clean Cities Compressed Natural Gas Infrastructure Enhancement Project. Effective upon G&C approval through December 31, 2005. 100% Federal Funds.

#4 Authorized to enter into a contract with the Institute for Community, Business and the NH Economy, Concord, NH, for the design and implementation of four Energy Star Fairs to be conducted in conjunction with companies that are interested in conducting outreach to their employees on the importance and benefits of using Energy Star Certified products, in the amount of $12,487. Effective upon G&C approval through September 30, 2005. 100% Federal Funds.

OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:

#5 Authorized Mark A. McKenzie, Brewster, MA, be nominated 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.

#6 Authorized Daniel R Lavertue, Shelburne, NH, be nominated for promotion to the rank of Colonel, NH Army National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.

#7 Authorized Francis C Leith Jr., Gilford, NH, be confirmed to the rank of Colonel, NH Army National Guard.

#8 Authorized David B Mercieri, Barrington, NH, be confirmed to the rank of Colonel, NH Army National Guard.

#9 Authorized Dennis W. Cass, Gilford, NH, be confirmed to the rank of Lieutenant Colonel, NH Army National Guard.

#10 Authorized Gregory D Heilshorn, Barrington, NH, be confirmed to the rank of Major, NH Army National Guard.

#11 Authorized to make retroactive payment in the amount of $601.20 for sixty hours of accumulated annual leave based on prior manpower hours worked by Mr. Carl L. Nolin, Building and Grounds Utility Person. 81.13% General, 15.78% Federal, 3.09% Other Funds.

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

#12 Authorized to create a standing global designation system appointing the Executive Councilor in whose District the borrowing institution is located to hold a hearing as designee of the Governor and Council. Provided, however, that if the Executive Councilor in question determines in a particular instance that the specific designation should be presented to the Governor and Executive Council for discussion, a specific designation request will be filed by the NH Health and Education Facilities Authority.

#13 Authorized to waive the State's workers' compensation lien related to Paul Brodeur. Liberty Mutual, serving as the third party administrator of the State's Employees' Workers' Compensation Program, recommends that Paul Brodeur's request for a conditional lien waiver be granted.

#14 Authorized to renew a statewide contract with West Publishing Corporation of Minnesota dba ProLaw, (previously approved by G&C on 12-30-04), to purchase software products and services that address legal case management solutions, by limiting the total purchases to $650,000 and extending the contract end date retroactive from December 30, 2004 through June 30, 2008.

#15 Authorized Division of Personnel to enter into a contract with Peter G Gamache, to provide training and consultation, for an amount not to exceed $8,050. Effective upon G&C approval through June 30, 2005.

#16 Authorized to accept and place on file the Report and Findings of Councilor Peter J Spaulding with regard to the refinancing of existing debt in connection with Frisbie Memorial Hospital, Rochester, NH.

#17 Authorized to accept and place on file the list of agency transfers Authorized for Fiscal Year 2005 during the month of January.

#18 Authorized a Working Capital Warrant in the amount of $510,000,000 to cover expenditures for the Month of March 2005. (2)Further Authorized a Working Capital Warrant reporting expenditures of $292,798,115.63 for the month of January and recommends the balance of $77,201,884.37 be lapsed.

#19 Authorized the suggested quarterly allotments for state departments and agencies for Fiscal year ending June 30, 2005. (2)Further Authorized to make necessary adjustments in the quarterly allotments not to exceed the total funds available for expenditures for the fiscal year. A report of all Authorized adjustments will be provided to the Council.

DEPARTMENT OF REVENUE ADMINISTRATION
#20 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to accept and place on file the annual report for the fiscal year ending June 30, 2004. Informational Item.

TREASURY DEPARTMENT
#21 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $3,372.22 to the rightful owners of abandoned or unclaimed funds.

DEPARTMENT OF CULTURAL RESOURCES
#22 The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Burton authorized the request Division of Arts to accept a donation from the Atwood Foundation, Rockford, IL, in the amount of $1,000.

ATTORNEY GENERAL
The Governor and Council acted as follows:

#23 NOT USED

#24 Authorized to amend a contract with West Publishing Corporation of Minnesota dba ProLaw Software, Inc., Albuquerque, NM, for the completion of deployment of software for integrated case docketing, calendaring and task management associated with litigation cases as well as maintenance and support, by extending the contract end date retroactive from December 30, 2004 through June 30, 2008 and increasing the price limitation from $198,950 to $301,320, and increase of $102,370. 89.2% General, 10.8% Other Funds.

#24A Authorized that approval be, and it hereby is, given for the salary increase set out in Appendix A, for attorneys in the Department of Justice, effective March 4, 2005, as Authorized by RSA 94:1-a,I(c)(3)(Supp.2002).

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#25 Authorized to reclassify position #11045, Statistical Clerk III, salary grade 12, to Statistician I, salary grade 16. 100% Federal Funds.

#26 TABLED - The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Pignatelli voted to table the request to enter into a retroactive service agreement with Nu-Vision Technologies for telephone maintenance & repair services at NHES's offices in Manchester and any other NEC system locations statewide, for a total agreement of $25,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#27 Authorized to enter into a service agreement with Dividers Plus, Inc., for Thin Brick installation services at NHES's Concord local office, in the amount of $7,650. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

NEW HAMPSHIRE RETIREMENT SYSTEM
#28 The Governor and Council on motion of Councilor Griffin, seconded by Councilor Burton authorized the request to accept and place on file the fiscal year 2004 Comprehensive Annual Financial Report. Informational Item.

DEPARTMENT OF CORRECTIONS
#29 The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized the request to accept donations for the period of October through December 2004 with a total value of $1,134.50.

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

#30 Authorized Division of Parks and Recreation to enter into a contract amendment with Waster Management of NH, Rochester, NH, (previously approved by G&C on 6-23-04, item #101), for rubbish removal at Odiorne Point State Park, by increasing the total cost from $30,711.60 to $33,245.54, a $2,533.94 increase. 100% Other Funds.

#31 Authorized Design, Development, and Maintenance to enter into a contract with Estes & Gallup, Inc., Lyme, NH, to construct additions and alterations to the Cannon Tramway Mountain Station in Franconia Notch State Park for the amount of $383,608. Effective upon G&C approval through August 17, 2005. 100% Other Funds.

#32 Authorized Division of Parks and Recreation to enter into a sole source retroactive agreement to pay for emergency repairs to the Caterpillar 3006 generator on the summit of Mount Washington, with Southworth Milton, Scarborough, ME, for $4,514.16. 100% Other Funds.

#33 Authorized Design, Development, and Maintenance to amend an existing sole source retroactive contract with Ray's Electric Inc., Berlin, NH, (previously approved by G&C on 9-8-04, item #57), to install underground electrical conduit and vaults at Mt. Washington State Park by increasing the amount by $9,858 from $79,316 to $89,174. Park Funds.

#34 Authorized to enter into a sole source contract with the Institute for Community, Business, and the NH Economy of Concord, NH, to provide specialized energy services to the state of NH Industries of the Future program to reduce energy costs for NH industries, in the amount of $35,000. Effective upon G&C approval through June 30, 2005, with two, one-year options to renew upon approval of the G&C. 100% Federal Funds.

#35 Authorized to accept and place on file a detailed analysis of Park Revenue and Expenditures, including Cannon Mountain ski area, for fiscal year 2004. Informational Item.

NH FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:

#36 Authorized to accept and expend an additional $15,000 in federal funds from the US Fish and Wildlife Service, for use in the construction of two fishing piers at Archery Pond in Allenstown, NH. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#37 Authorized to accept an in-kind donation of $4,000 for the installation of an educational ropes course by Wingspeed Adventures of Francestown, NH, at the Sandy Point Discovery Center in Stratham, NH. 100% Other.

#38 Authorized to enter into a sole source contract with the Audubon Society of NH dba NH Audubon , to continue an ongoing endangered seabird restoration on the Isle of Shoals for a total of $40,000. Effective upon G&C approval through December 31, 2005. 100% Other Funds.

#39 Authorized to enter into a contract with Ethan Nedeau, dba BIODRAWVERSITY, Amherst, MA, for editing, design and layout of the State's Comprehensive Wildlife Strategy in an amount not to exceed $32,200, from G&C approval through April 1, 2006. 100% Other Funds.

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

#40 Authorized to budget and expend prior year carry forward funds in the amount of $4,260,000, for purposes of oil discharge cleanup. (2)Further Authorized to budget and expend prior year carry forward funds in the amount of $617,000, for purposes of oil discharge cleanup. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#41 Authorized to accept and expend $56,878 in federal flow through funds from the Department of Safety, for the purpose of purchasing equipment for responding to terrorist incidents. Effective upon G&C approval through April 30, 2005.

#42 Authorized to enter into an agreement with Ducks Unlimited, Inc., Ann Arbor, MI, to create a program facilitating resource planning and restoration and creating a prioritized list of degraded salt marshes all in the Town of Rye, in the amount of $16,706. Effective upon G&C approval through September 30, 2005. 100% Federal Funds.

#42A Authorized to award a Household Hazardous Waste grant to the Town of Plaistow, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $7,286.41. (2)Further Authorized to award a Household Hazardous Waste grant to the Town of Derry, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $6,350. (3)Further Authorized to award a Household Hazardous Waste grant to the Nashua Regional Planning Commission on behalf of the Nashua Region Solid Waste Management District, Nashua, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $15,618.41. Effective upon G&C approval through December 31, 2005. 100% Other Funds.

#43 Authorized to enter into an amended memorandum of agreement with the New England Interstate Water Pollution Control Commission, Lowell, MA, (previously approved by G&C on 4-16-03, item #70, amended on 5-5-04, item #23), to extend the end date from May 31, 2005 to May 31, 2006 for the purpose of carrying out activities related to the Total Maximum Daily Load Program.

#44 Authorized to retroactively amend a sole source contract with Veolia Water North America Operating Services, LLC, Houston, TX, (previously approved by G&C on 12-17-03, item #68), for funding the groundwater treatment operations, by extending from December 1, 2004 to December 31, 2005 and increasing the amount by $447,991.93 from $2,190,978.58 to $2,638,970.51. 90% Federal, 10% State Funds.

#45 Authorized to retroactively amend a Local Source Water Protection grant award to the Manchester Water Works, Manchester, NH, (previously approved by G&C on 6-1-03, item #78, amended on 5-19-04, item #42), to complete a project to protect drinking water from contamination, by extending the completion date to June 30, 2005 from December 31, 2004.

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

#46 Authorized to retroactively grant an annual salary increment to Mary P Castelli, Senior Division Director, from Salary Group JJ, Step 3 $84,619 to Salary Group JJ, Step 4 $89,321, effective February 11, 2005.

Division of Family Assistance
#47 Authorized to renew agency membership in the American Public Human Services Association, Washington, DC, in the amount of $10,971. Effective retroactive to January 1, 2005 through December 31, 2005. 68% General, 32% Federal Funds.

Division for Children, Youth & Families
#48 Authorized to retroactively reimburse the individuals, as detailed in letter dated January 26, 2005, from current year funds for in-state travel expenses incurred while in the performance of official state business during the last state fiscal year. 49% General, 51% Federal Funds.

Division for Juvenile Justice Services
#49 Authorized to accept a $1,000 donation from Local Outreach Committee of the First Congregational Church, as specified in letter dated February 2, 2005. Fiscal Committee approved.

#50 Authorized to accept a $200 donation from the Human Services Affiliate of Strafford County, as specified in letter dated February 2, 2005. Fiscal Committee approved.

New Hampshire Hospital
#51 Authorized to enter into a retroactive Educational Tuition Agreement with NH Technical Institute, Concord, NH, for Inoh Lee to participate in the course entitled English Composition from September 6, 2004 through December 18, 2004, and to pay said cost in the amount of $488.

#52 Authorized to accept $1,745 in donations from various contributors for the period October 1, 2004 through December 31, 2004, as specified in letter dated February 2, 2005. Fiscal Committee approved.

Division of Community Based Care Services - Glencliff Home for Elderly
#53 Authorized to accept a $100 donation from the Haverhill Women's Fellowship, as specified in letter dated February 2, 2005. Fiscal Committee approved.

#54 Authorized to accept a $200 donation from the Episcopal Churchwoman Church of the Messiah, as specified in letter dated February 2, 2005. Fiscal Committee approved.

#55 Authorized to accept a $100 donation from Barbara Smith, as specified in letter dated February 2, 2005. Fiscal Committee approved.

#56 Authorized to accept a $100 donation from Margaret Hurll, as specified in letter dated February 2, 2005. Fiscal Committee approved.

#57 Authorized to accept a $150 in donations from various contributors for the period October 1, 2004 through December 31, 2004, as specified in letter dated February 2, 2005. Fiscal Committee approved.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#58 Authorized to retroactively amend a contract with Republic Management Corporation, Somersworth, NH, (previously approved by G&C on 8-12-92, amended on 5-31-95, item #155, amended on 9-16-98, item #6311, amended on 11-7-01, item #97), to maintain service continuity, by extending the termination date from August 12, 2004 to August 12, 2005.

#59 Authorized to enter into a contract with Northeast Deaf and Hard of Hearing Services Inc, Concord, NH, to provide job coaching services, in an amount not to exceed $60,000. Effective upon G&C approval through December 31, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized to make advanced quarterly payments in the amount of $15,000 for services to be provided under the terms of the contract. 100% Federal Funds.

#60 Authorized Division of Adult Learning and Rehabilitation to enter into a contract with Dover Housing Authority, dba Seymour Osman Community Center and Youth Safe Haven, Dover, NH, to provide youth services, employment, and training as defined in Public Law 105-220 in one NH Community, Dover, NH, in an amount not to exceed $19,361.66. Effective upon G&C approval through September 30, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized to make advanced monthly payments for services provided under the terms of the contract. (3)Further Authorized to withhold 10% of the contract total instead of the 25% withholding provision of the contract price in accordance with the NH Code of Administrative Rules 311.07(a)(5). 100% Other Funds.

#61 Authorized to enter into a contract with Northeast Deaf and Hard of Hearing Services, Inc., Concord, NH, to provide independent living services, in an amount not to exceed $95,202. Effective upon G&C approval through September 30, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the contract. 27% General, 73% Federal Funds.

#62 Authorized to enter into a sole source contract with International Institute of Boston, Inc. dba International Institute of NH, Manchester, NH, to continue a Refugee Education and Assistance Liaison office in the Manchester area for refugee children, for an amount not to exceed $70,815. Effective upon G&C approval through August 14, 2005 pending legislative approval of the next biennium budget. (2)Further Authorized to make an advance payment of $15,000 upon approval of the contract. (3)Further Authorized to withhold 5% of the contract total instead of the 25% withholding provision of the contract price in accordance with Administrative Rules 311.07(a)(5). 100% Federal Funds.

#63 Authorized to exercise its renewal option and enter into a contract with Lutheran Community Services, Concord, NH, to continue a Refugee Education and Assistance Liaison office in the Laconia area for refugee children, for an amount not to exceed $70,815. Effective upon G&C approval through August 14, 2005 pending legislative approval of the next biennium budget. (2)Further Authorized to make an advance payment of $15,000 upon approval of the contract. (3)Further Authorized to withhold 5% of the contract total instead of the 25% withholding provision of the contract price in accordance with Administrative Rules 311.07(a)(5). 100% Federal Funds.

NH COMMUNITY TECHNICAL COLLEGE SYSTEM
#64 The Governor and Council on motion of Councilor Griffin, seconded by Councilor Wieczorek authorized the request of NHCTC - Stratham, to enter into a contract with PM MacKay Group, Nashua, NH, for the purpose of designing and building lab rooms on campus in the amount of $164,589. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#65 Authorized Division of Emergency Services, Communications, and Management, Bureau of Emergency Management to hold a workshop titled "Basic Public Information Officers" on March 22, 23, and 24, 2005 at The Margate, Laconia, NH, for an amount not to exceed $9,691.20. (2)Further Authorized a contract with The Margate, Laconia, NH, the low bidder, for a function room, meals, and rooms in the amount of $9,691.20. Effective upon G&C approval.

#65A Authorized Division of State Police to enter into a sole source agreement with Ossipee Mountain Electronics, Moultonborough, NH, for removal and reinstallation of the K-9 transport/cooling/alarm systems in the amount of $3,150. Effective upon G&C approval through June 30, 2005.

#66 Authorized Division of State Police to retroactively accept and expend a grant from the NH Highway Safety Agency in the amount of $52,596.25 to fund overtime for enforcing speed limits to help reduce fatal accidents. Effective February 1, 2005 through September 15, 2005.

#67 WITHDRAWN - The agency withdrew the request of the Division of State Police to reallocate a US Department of Justice, Fy 2004 BSA Congressionally Mandated Award in the amount of $1,484,216. (Previously approved by G&C on 11-10-04, item #132).

#68 Authorized the renewal permit of the Four Seasons Recreation Association located on Lake Winnipesaukee in Laconia, NH, for a congregate mooring field, renewal of 10 moorings.

#69 Authorized the renewal permit of Spruce Woodlands Association of Newfound Lake Inc., located on Newfound Lake in Bristol, NH, for a congregate mooring field, renewal of 6 moorings.

#70 Authorized the application permit of Sandybeach of Newfound Condominium Association located on Newfound Lake in Bridgewater, NH, for a congregate mooring field, for a total of 6 moorings.

#70A Authorized Division of Fire Standards and Training and Emergency Medical Services to contract with Image Trend, Inc., Lakeview, MN, for a Trauma and Emergency Medical Services Information System, in the amount of $497,000. Effective upon G&C approval through February 28, 2010

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#71 Authorized to accept and place on file the Bureau of Right of Way's Contemplated Award List for the period of January 19, 2005 through February 1, 2005.

#72 Authorized to enter into a Purchase and Sale Agreement with the Boston and Maine Corporation to acquire a portion of an abandoned railroad corridor in Salem at a purchase price not to exceed $708,000.

#73 Authorized to enter into agreement with the Strafford Regional Planning Commission, with offices in Dover, NH, to undertake the NH 125 Transportation and Land Use Study in Barrington, Lee, and Rochester for a fee not to exceed $62,500. Effective upon G&C approval through December 31, 2005.

#74 Authorized Bureau of Municipal Highways to enter into an agreement with the City of Portsmouth, delineating duties and responsibilities of both parties for designing, and making improvements to the Market Street/Exit 7 Interchange in Portsmouth, NH, for a project identified in the State's Ten Year Transportation Improvement Plan as Portsmouth, X-A000(334), 14368.

#75 Authorized Bureau of Highway Design to amend an agreement with CLD Consulting Engineers, Incorporated, Manchester, NH, for the preparation of contract plans, specifications, estimates and right-of-way plans for the reconstruction of the I-293/Exit 5 interchange in the City of Manchester, by increasing the total amount payable by $206,983.50, from $2,352,836.05 to $2,559,819.55, and extending the completion date to July 6, 2006.

#76 Authorized the Construction Bureau to amend a contract with S&R Corporation of Lowell, MA, (previously approved by G&C on 11-10-04, item #163), for the demolition of the Overhead Door Company, Inc., building in the City of Nashua, NH, by increasing the amount by $10,000 from $223,000 to $233,000.

#77 Authorized the Construction Bureau to amend a contract with United Construction Corp. of Newport, NH, (previously approved by G&C on 7-14-04, item #128), for a series of roadway improvements to accommodate bicycle and pedestrian traffic in the City of Lebanon, by increasing the contract by $88,000 from $1,321,481.65 to $1,409,481.65.

#78 Authorized the Bureau of Highway Design to enter into a joint agreement with the State of Maine Department of Transportation, for perambulation of the boundary between ME and NH for a total cost not to exceed $150,000.

#79 Authorized to accept and place on file the Acquisition Plan for FY 2004 through FY 2005. (2)Further Authorized to expend, encumber or obligate funds for the appropriations code 015-096-3005-030 in accordance with the amounts appropriated for Fiscal Years 2005.

#80 Authorized with Councilor Griffin voting no, the Bureau of Construction contract with Hong Environmental Inc., Portsmouth, NH, on the basis of a low bid of $16,580, for the demolition of one building in the Town of Rye in preparation for the future Rye 12595, intersection improvement project at Foyes Corners. Effective upon G&C approval through April 1, 2005.

#81 Authorized the Bureau of Construction contract with Modern Protective Coatings Inc., Hudson, NH, on the basis of a low bid of $112,960, for the 2005 maintenance repainting of the state-owned steel beam bridge carrying Main Street over the Mascoma River in Enfield. Bridge painting includes compliance with lead paint removal regulations, deleading pollution controls and the collection, storage and disposal of the lead paint wastes associated with the work. Effective upon G&C approval through June 17, 2005.

#82 TUITION REQUESTS

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

A. ADMINISTRATIVE SERVICES - Request permission to pay New England College, Henniker, NH, the sum of $300.00 for the sole purpose of enrolling Kelly Brown, Agency Records Auditor, in the course entitled "Managerial Economics"

B. ADMINISTRATIVE SERVICES - Request permission to pay New England College, Henniker, NH, the sum of $300.00 for the sole purpose of enrolling Ann-Marie Hartshorn, Agency Records Auditor, in the course entitled "Managerial Economics"

C. ADMINISTRATIVE SERVICES - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $642.00 for the sole purpose of enrolling Donna Raymond, Administrator IV, in the course entitled "Senior Business Seminar".

D. COMMUNITY TECHNICAL COLLEGE - Request permission to pay New England College, Henniker, NH, the sum of $936.00 for the sole purpose of enrolling Arlene Hall, Accountant, in the course entitled "Managing Projects".

E. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,021.00 for the sole purpose of enrolling Janet Paddack, Professor, in the course entitled "Graduate Practicum".

F. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,021.00 for the sole purpose of enrolling Janet Paddack, Professor, in the course entitled "Technology for Diverse Learners".

G. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,021.00 for the sole purpose of enrolling Frances Seigle, Professor, in the course entitled "Technology for Diverse Learners"

H. EDUCATION - Request permission to pay the College for Lifelong Learning, Littleton, NH, the sum of $364.00 for the sole purpose of enrolling Lillian Emerson, Grants & Contracts Technician, in the course entitled "Introduction to Paralegal Studies".

I. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $1,456.00 for the sole purpose of enrolling Lillian Emerson, Grants & Contracts Technician, in the courses entitled "Constitutional Law" and "Integrative Seminar in Finance".

J. EDUCATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $720.00 for the sole purpose of enrolling Teresa Vincent, Program Specialist II, in the distance education course entitled "Business Ethics"

K. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $695.00 for the sole purpose of enrolling Stanislaw Bomba, Water Pollution Sanitarian II, in the course entitled "Field Description of Soils".

L. ENVIRONMENTAL SERVICES - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,081.00 for the sole purpose of enrolling Christopher Way, Environmentalist IV, in the course entitled "Managing Organizational Behavior".

M. HEALTH & HUMAN SERVICES - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $2,530.60 for the sole purpose of enrolling Margaret Snow, Dental Director, in the courses entitled "Disease Ecology" and "Integrating Seminar".

N. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $672.00 for the sole purpose of enrolling Robin Magee, Administrative Supervisor III, in the course entitled "Senior Business Seminar"

O. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Hesser College, Concord, NH, the sum of $675.00 for the sole purpose of enrolling Denise Sherburne, Program Specialist I, in the course entitled "Oral Communication".

#83 TRAVEL REQUESTS

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

A. BOARD OF ACCOUNTANCY - Request permission for (1) employee, Louise MacMillian-Romeo, Executive Director or designee, to travel to Nashville, TN and New Orleans, LA, on March 17 - 24, 2005, to attend the CPA Exam Services Vendor Visit and the NASBA 23rd Annual Directors Conference 2005. ALSO A CASH ADVANCE OF $1,326.40 IS REQUESTED FOR Louise MacMillan-Romeo. Total Cost: $2,199.40. Source of Funds: 100% General Funds. Registration Fee: $575.00.

B. EDUCATION - Request permission for (2) employees, Rosemary Prescott, Program Coordinator of the Sight Services for Independent Living Program, and Cheryl Johnston, Program Assistant, or designee, to travel to Arlington, VA, on March 20 - 23, 2005, to attend the 14th Annual Program Managers Conference Independent Living Services for Older Individuals Who Are Blind. ALSO A CASH ADVANCE OF $740.18 IS REQUESTED FOR Rosemary Prescott. Total Cost: $2,538.74. Source of Funds: 100% Federal Funds. Registration Fee: $600.00.

LATE ITEMS

A. DEPARTMENT OF ENVIRONMENTAL SERVICES

Authorized to accept and expend funds from the National Oceanic and Atmospheric Administration for work associated with the Instream Flow Pilot Program in the amount of $545,000. Effective upon G&C approval through September 30, 2006. 100% Federal Funds.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding, voted to remove item #29- which was tabled at the January 26, 2005 Meeting.

DEPARTMENT OF CORRECTIONS

#29 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized the request to enter into a contract with MAS Medical Staffing Corporation, Manchester, NH, for temporary nursing services at the NH State Prison for Men and the Secure Psychiatric Unit, in the amount of $89,792. Effective upon G&C approval through June 30, 2006 and has the option to renew for an additional period of two years. 100% General Funds.

The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding, voted to remove item #74- which was tabled at the January 12, 2005 Meeting.

DEPARTMENT OF TRANSPORTATION

#74 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton voted to authorized the request to accept and expend US Department of Homeland Security Port Security Grant funds in FY 05, administered through the Department of Safety in the amount of $100,000 for the purchase and installation of security cameras, alarms and fencing on the I-95 bridge over the Piscataqua River between Portsmouth, NH and Kittery, ME. (2)Further Authorized to accept an amount not to exceed $100,000.

Next Governor and Executive Council meeting is scheduled for Wednesday, March 9, 2005 at 10:00 a.m. at The State House, Concord, NH.

The Honorable Board then Adjourned

 

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