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Minutes
March 3, 1999
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, NH
March 3,1999
10:30 a.m.
#6

The Governor and Executive Council convened at 10:30 a.m., with all members present.

The Governor and Executive Council, on motion of Councilor Griffin, seconded by Councilor Spaulding, accepted the minutes of February 17, 1999.

The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Spaulding, confirmed the appointment of several persons nominated for Civil Commissions from the February 17, 1999 meeting.

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

The Governor and Executive Council accepted with regret the following resignations:

SPECIAL JUSTICE: CONCORD DISTRICT COURT
Thomas E. Bamberger, Amherst
Effective: March 1,1999
Reason: Appointed Associate Justice of Nashua District Court

BOARD OF ENGINEERS
Nancy E. Kinner, Durham
Public Member
Effective: February 24, 1999
Reason: Not eligible as a public member

Richard Roulx, Merrimack
Alternate member-representing management
Effective: February 3, 1999
Reason: Appointed permanent member of this board

The Governor nominated the following:

STATE BOARD OF AUCTIONEERS
Garth Millett, Contoocook
Succeeding: James J. St. Jean, Manchester
Effective: Upon confirmation
TERM: March 1, 2004

DIVISION OF CHILDREN, YOUTH AND FAMILIES ADVISORY BOARD
Laura Jawitz, Madison
Carroll County
Succeeding: Nancy Wiggin, Conway
Effective: Upon confirmation
TERM: July 1, 2000

Cheryl Molloy, Alexandria
Grafton County
Succeeding: Joseph Porreca, Lebanon
Effective: Upon confirmation
TERM: July 1, 2000

Donna M. Raycraft, Penacook
Merrimack County
Succeeding: Susan Keller, Concord
Effective: Upon confirmation
TERM: July 1, 2001

Mother Paul Marie Santa Lucia, Rochester
Strafford County
Succeeding: Steven Slovinski, Lee
Effective: Upon confirmation
TERM: July 1, 2001

Judith A. Swanson, Manchester
Hillsborough County
Reappointment
Effective: Upon confirmation
TERM: July 1, 2001

COMPENSATION APPEALS BOARD
Peter Foley, Concord
Attorney
Reappointment
Effective: Upon confirmation
TERM: January 1, 2003

Jon H. Levenstein, Bedford
Attorney
Succeeding: Thomas F. Kehr, Concord
Effective: Upon confirmation
TERM: February 15, 2003

BOARD OF DENTAL EXAMINERS
Eliot L. Paisner, DMD, Nahsua
Succeeding: Sheila Kennedy, Somersworth
Effective: Upon confirmation
TERM: July 26, 1999

COMMISSIONER: DEPARTMENT OF EMPLOYMENT SECRUITY
John J. Ratoff, Exeter
Reappointment
Effective: Upon confirmation
TERM: April 1, 2004

STATE HISTORICAL RECORDS ADVISORY BOARD
Edouard L. Desrochers, Exeter
Reappointment
Effective: Upon confirmation
TERM: December 19, 2001

DEPUTY ATTORNEY GENERAL: DEPARTMENT OF JUSTICE
Steven M. Houran, Laconia
Nominated by the Attorney General
Reappointment
Effective: Upon confirmation
Salary: Group Q/Maximum: $74,381
TERM: March 31, 2003

MERRIMACK VALLEY FLOOD CONTROL COMMISSION
Frederick W. Welch, Bristol
Reappointment
Effective: Upon confirmation
TERM: March 1, 2002

RESPIRATORY CARE GOVERNING BOARD
Shirley C. Kane, Portsmouth
Public Member
Vacancy
Effective: Upon confirmation
TERM: Two years from date of confirmation

COMMISSIONER: DEPARTMENT OF SAFETY
Richard M. Flynn, Dover
Reappointment
Effective: Upon confirmation
Salary: Group T: $80,832
TERM: March 31, 2003

ASSISTANT COMMISSIONER: DEPARTMENT OF SAFETY
John A. Stephen, Manchester
Nominated by Commissioner
Reappointment
Effective: Upon confirmation
Salary: Group Q/Maximum: $74,381
TERM: March 31, 2003

BOARD OF VETERINARY MEDICINE
Susan Watkins, DVM, Bow
Succeeding: John Moore, Dover
Effective: Upon confirmation
TERM: March 5, 2004

WATER COUNCIL
Wayne DiMarzio, Londonderry
Public Member-Vice Chairman of Council
Reappointment
Effective: Upon confirmation
TERM: February 5, 2003

ADVISORY COUNCIL ON WORKER'S COMPENSATION
Ronald P. Charland, Manchester
Labor
Succeeding: James Casey, Dover
Effective: Upon confirmation
TERM: June 13, 2000

The Governor confirmed the following:

DIVISION FOR CHILDREN, YOUTH & FAMILIES ADVISORY BOARD
Kay W. Wagner, Portsmouth
Rockingham County
Reappointment
Effective: March 3, 1999
TERM: July 1, 2001

NEW HAMPSHIRE COMMUNITY TECHNICAL COLLEGE SYSTEM BOARD OF TRUSTEES
Eve E. Eisenbise, Hooksett
Law Enforcement
Effective: March 3, 1999
TERM: March 3, 2003

Alan Robichaud, Gilford
Alumni Member
Effective: March 3, 1999
TERM: March 3, 2001

COMPENSATION APPEALS BOARD
Michael Power, Contoocook
Labor
Succeeding: James Casey, Dover
Effective: March 3, 1999
TERM: February 9, 2002

CONNECTICUT RIVER VALLEY RESOURCE COMMISSION
Karl Mindemann, Dublin
Public Member
Reappointment
Effective: March 3, 1999
TERM: January 22, 2002

Henry Swan, Lyme
Forest Products/Timberland Owners
Reappointment
Effective: March 3, 1999
TERM: February 10, 2002

FIRE STANDARDS & TRAINING COMMISSION
Karl J. Berardi, Bedford
NH Permanent Firemen's Association
Reappointment
Effective: March 3, 1999
TERM: February 15, 2002

FISH AND GAME COMMISSION
Donald S. Clarke, Claremont (r)
Sullivan County
Succeeding: George Disnard, Claremont (d) (resigned)
Effective: March 3, 1999
TERM: June 29, 2000

MEDICAL REVIEW SUBCOMMITTEE
Robert J. Englund, MD, Keene
Reappointment
Effective: March 3, 1999
TERM: January 1, 2002

OIL FUND DISBURSEMENT FUND
Wesley J. Colby, Laconia
Public Member
Reappointment
Effective: March 3, 1999
TERM: January 1, 2002

PENALTY APPEALS BOARD
Edward F. Patch, Bow
Attorney-Chairman
Reappointment
Effective: March 3, 1999
TERM: December 20, 2001

JOINT PHARMACEUTICAL FORMULARY BOARD
James J. Galeota, Rollinsford
Pharmacologist
Succeeding: Emery Johnson, Windham (reached term limit)
Effective: March 3, 1999
TERM: January 12, 2004

PUBLIC EMPLOYEE LABOR RELATIONS BOARD
Bruce K. Johnson, Gilford
Alt. Member of Public
Succeeding: John Buckley, Dover (resigned)
Effective: March 3, 1999
TERM: February 13, 2004

PUBLIC WATER ACCESS ADVISORY BOARD
Henry W. Coulombe, Berlin
Hunting
Succeeding: Robert Ordway, Loudon
Effective: March 3, 1999
TERM: October 27, 2001

DIRECTOR OF PROJECT DEVELOPMENT: DEPARTMENT OF TRANSPORTATION
Robert W. Greer, Contoocook
Nominated by the Commissioner
Reappointment
Effective: March 3, 1999
Salary: $74,381 (group Q, maximum)
TERM: February 18, 2003

BUSINESS FINANCE AUTHORITY
#1 Authorized to hold a Public Hearing with respect to the financing of an industrial facility by the Business Finance Authority for Key Packaging Industries, Corp. located in Salem, New Hampshire. Action will authorize a Resolution under RSA 162-I:9 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.
A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Colantuono - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD MARCH 3, 1999 IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

At 10:55 a.m., the Governor announced that the next matter to be considered would be the financing of an industrial facility project by the Business Finance Authority for Key Packaging Industries, Corp. (the "Borrower") in Salem, New Hampshire and declared that the public hearing on the subject had commenced. She said that she and the members of the Council had received the written recommendation of the Authority and other documentation and information with respect to the project. The Governor said that the meeting would then hear anyone wishing to speak on the subject Michael Donahue, Commercial Lending Assistant of the Authority, briefly explained the project, emphasized that the credit of the State was not involved and introduced John Arico and Bill Russell of the Borrower. 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-I:9 WITH RESPECT TO THE FINANCING OF AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR KEY PACKAGING INDUSTRIES, CORP. IN SALEM, NEW HAMPSHIRE" and moved its adoption, which was seconded by Councilor Streeter. After discussion of the resolution, the Governor called for a vote on the motion. Those voting in favor were: the Governor and Councilor Burton, Councilor Spaulding, Councilor Griffin, Councilor Colantuono, and Councilor Streeter; 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-I:9 WITH RESPECT TO THE FINANCING OF AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE FOR KEY PACKAGING INDUSTRIES, CORP. IN SALEM, NEW HAMPSHIRE

WHEREAS, the Governor and Council 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 a determination under RSA 162-I:9 with respect to the financing or refinancing of an industrial facility for Key Packaging Industries, Corp., (the "Borrower") in Salem, New Hampshire by the Authority's issuance of up to $3,200,000 in Bonds (the "Bonds") under RSA 162-I (the "Act"); and

WHEREAS, the Governor and Council have received all of the documentation and information with respect to the proposed transaction which they have requested; and

WHEREAS, further action by the Authority with respect to the proposed transaction is subject to, and cannot be taken until passage of, this Resolution;

NOW, THEREFORE, in consideration of the foregoing, IT IS HEREBY RESOLVED THAT:

Section 1. Findings. On the basis of the Authority's recommendation and the documentation and information received by the Governor and Council, and after a public hearing, the Governor and Council find:

(a) Special Findings.

(1) The project to be financed or refinanced with the proceeds of the Bonds consists of (i) the acquisition and installation of certain equipment for manufacturing polyethylene bags; and (ii) the payment of certain closing costs (collectively, the "Facility"). The Facility is within the definition of "Industrial Facility" in RSA 162-I and may be financed under the Act.

(2) The establishment and operation of the Facility will create and preserve employment opportunities directly or indirectly within the State of New Hampshire (the "State").

(b) General Findings.

(1) The creation, establishment, acquisition, construction, expansion, remodeling or replacement of the Facility (the "Project") and the proposed financing of the Project are feasible.

(2) The Borrower has the skills and financial resources necessary to operate the Facility successfully.

(3) The Loan Agreement, the Escrow Agreement and related documents evidencing and securing the Bonds (the "Financing Documents") contain provisions so that under no circumstances will the Authority be obliged, directly or indirectly, to pay Project costs, debt service or expenses of operation, maintenance and upkeep of the Facility except from proceeds of the Bonds or from funds received under the Financing Documents, exclusive of funds received under the Financing Documents by the Authority for its own use.

(4) The Financing Documents do not purport to create any debt of the State with respect to the Facility, other than a special obligation of the Authority acting on behalf of the State under the Act.

(5) The proposed financing of the Project by the Authority and the proposed operation and use of the Facility will serve one or more needs and implement one or more purposes set forth in RSA 162-I, will preserve or increase the social 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.

Section 2. Ultimate Finding and Determination. The Governor and Council find that the proposed financing, operation and use of the Facility will serve a public use and provide a public benefit and determine that the Authority's financing of the Project will be within the policy of, and the authority conferred by, the Act.

Section 3. Approval. The Governor and Council hereby approve the Authority's taking such further action under the Act with respect to the transaction involving the Facility, the Project and the Bonds as may be required.

Section 4. Effective Date. This Resolution shall take effect upon its passage.

Passed and Agreed to: March 3, 1999.

#2 Authorized to hold a Public Hearing with respect to the proposed loan to Belknap County Economic Development Council to finance the development of a building located in Tilton, New Hampshire. Action will authorize 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.
A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Colantuono - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD ON MARCH 3, 1999 COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

At approximately 10:57 a.m., the Governor announced that the next matter to be considered would be loan made by the Business Finance Authority to Belknap County Economic Development Council to finance the carrying costs of a building located at 322 West Main Street in Tilton, New Hampshire and declared that the public hearing on the subject had commenced. She said that she 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, Commercial Lending Assistant of the Authority, briefly explained the project and introduced Eliza Leadbeater, Executive Director of Belknap County Economic Development Council. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Burton introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN UNDER RSA 162-A:7 FROM THE BUSINESS FINANCE AUTHORITY TO BELKNAP COUNTY ECONOMIC DEVELOPMENT COUNCIL" and moved its adoption, which was seconded by Councilor Colantuono. 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 Streeter, and Councilor Colantuono; 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 UNDER RSA 162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE TO BELKNAP COUNTY ECONOMIC DEVELOPMENT COUNCIL

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to a loan by the Authority to Belknap County Economic Development Council (the "Borrower") in the original principal amount of up to $75,000 to finance the holding cost of a building located in Tilton, New Hampshire (the "Loan")

WHEREAS, pursuant to the provisions of RSA Chapter 162-A, the Governor and Council is authorized to approve the recommendation of the Authority and to authorize and approve the Loan by the Authority upon the making of specific findings after public hearing;

WHEREAS, the Governor and Council will receive all the documentation and information with respect to the proposed Loan by the Authority; and

WHEREAS, further action by the Authority with respect to the proposed transaction is subject to the passage of this Resolution and cannot be taken until after its passage.

NOW, THEREFORE, it is hereby resolved that:

1. Findings and Determination. On the basis of the documentation and information received by the Governor and Council, after a public hearing, the Governor and Council find:

a. Special Findings.

(i) The Loan in consistent with local or regional development plans or policies.

b. General Findings.

(i) The Loan that the Authority has proposed will serve a public use and provide a public benefit.

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

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

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

2. Approval. Governor and Council approve the Loan by the Authority as recommended by the Authority and authorize the Authority to cause the execution and delivery of the loan documents substantially in the form submitted to Governor and Council and to take such further action as the act with respect to the transaction as may be required.

3. Effective Date. This Resolution shall take effect upon its passage.

Passed and agreed to March 3, 1999.

#3 Authorized to hold a Public Hearing with respect to the proposed loan from Citizens Bank to Cellular Specialties, Inc. to provide working capital support for manufacturing in Manchester, New Hampshire. Action will authorize 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.
A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Colantuono - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD ON MARCH 3, 1999 COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE At approximately 11:00 a. m. , the Governor announced that the next matter to be considered would be the award of a State guarantee under the Working Capital Line of Credit Guarantee Program of the Business Finance Authority in connection with a loan to be made by Citizens Bank to Cellular Specialties, Inc. 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 loans and State guarantee. The Governor then said that the meeting would hear anyone wishing to speak on the subject and introduced Michael Donoahue, Commercial Lending Assistant of the Authority, who briefly explained the project and introduced Heather Whitfield, Assistant Vice President of Citizens Bank, David Peterson, Vice President of Citizens Bank, and Fred N Goodrich, President of Cellular Specialties, Inc. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Colantuono introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM CITIZENS BANK TO CELLULAR SPECIALTIES, INC. " and moved its adoption, which was seconded by Councilor Streeter. 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 Streeter, and Councilor Colantuono; 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 STATE GUARANTEE UNDER RSA 162-A:13-a WITH RESPECT TO A LOAN FROM CITIZENS BANK TO CELLULAR SPECIALTIES, INC.

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 award of a guarantee of the Authority in an amount equal to fifty percent (50%) of the principal amount of a loan up to $425,000 from Citizens Bank to Cellular Specialties, Inc. pursuant to RSA 162-A:13-a (the Working Capital Loan Guarantee Program or the "WAG Program");

WHEREAS, the proposed guarantee would require the pledge of the full faith and credit of the Authority in an amount not to exceed fifty percent (50%) of the proposed financing;

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 award the recommended guarantee 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 award of the Authority's guarantee which they have requested; 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 award of the guarantee as proposed will contribute significantly to the success of the financing.

(ii) Reasonable and appropriate measures have been taken to minimize the risk of loss to the Authority and to ensure that any private benefit from the award of the guarantee will be only incidental to the public purpose served thereby.

(b) General Findings.

(i) The award of the guarantee as proposed will serve a public use and provide a public benefit.

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

(iii) The award of the guarantee 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 award of the guarantee 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 Authority's taking such further action under the Act with respect to the award of the guarantee as may be required and authorize the Authority to take such further action with respect to such proposed execution as is necessary and appropriate to carry out the proposed transaction.

3. Effective Date. This resolution shall take effect upon its passage.

Passed and Agreed to March 3, 1999.

OFFICE OF STATE PLANNING

The Governor and Executive Council acted as follows:

#4 Authorized to enter into an agreement with the Town of Carroll, New Hampshire, in the amount of $9,400 through December 31, 1999. The funds for this project will enable the Town to determine the feasibility of the creation of an industrial park, on 67 acres of land formerly owned by the Town of Carroll and now owned by Carroll Economic Development Corporation.

#5 Authorized to enter into an agreement with the Town of Hart's Location at Route 302, Hart's Location, New Hampshire in the amount of $160,000 through December 31, 1999. This Federal Highway Administration grant will enable Hart's Location to construct a replacement bridge (for the Bemis Bridge) and to enhance the existing parking facilities and develop interpretive signage.

#6 Authorized to enter into an agreement with the Town of Newbury, 937 Route 103, PO Box 296, Newbury, New Hampshire in the amount of $66,560 through December 31, 1999. This Federal Highway Administration grant will enable the Town of Newbury to paint the exterior and renovate the interior of a caboose as an interpretive center (purchased for this purpose) and improve the parking area and pedestrian access to the interpretive center.

#7 Authorized to enter into an agreement with the City of Manchester Planning Department, 814 Elm Street, Manchester, in the amount of $6,400 through December 31, 1999. Funding from this Federal Highway Administration grant will enable the City of Manchester to research, design, construct and install interpretive signs on and about the Amoskeag Falls Scenic Overlook deck.

OFFICE OF ENERGY AND COMMUNITY SERVICES

The Governor and Executive Council acted as follows:

#8 Authorized to accept and expend additional grant funds available from the Federal Department of Health and Human Services in the amount of $67,871. 63, of which $61,453. 00 is available from Federal Fiscal Year (FFY) 98, and $6,418. 63 from FFY99 through June 30, 1999.

#8A Authorized to enter into an agreement with the International Institute of Boston to continue to provide Refugee services through their subsidiary, the International Institute of New Hampshire, from April 1999 through September 30, 1999.

#8B Authorized to enter into a contract, in an amount not to exceed $20,000 (to be paid from Federal Petroleum Violation Escrow Fund), with James K. Rogers, PE, to assist with the implementation of the Governor's Building Energy Conservation Initiative as outlined in the contact through March 1, 2000.

#9 Authorized to RETROACTIVELY AMEND an existing contract with Vermont Energy Efficiency Associates by extending the completion date from September 30, 1998 to January 31, 1999 to permit payment of final invoice in the amount of $5,620. [Initially approved June 10, 1998 (Item #3)]

OFFICE OF EMERGENCY MANAGEMENT

#9A The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, authorized request to transfer $499,304 as specified in letter of January 27, 1999. FISCAL COMMITTEE APPROVED

OFFICE OF THE ADJUTANT GENERAL

The Governor and Executive Council acted as follows:

#10 Authorized to accept and expend funds in the amount of $50,000. 00 from the federal government (Natural Guard Bureau) to cover 100% of the cost of Surface Petroleum activities of the Army National Guard within the State of New Hampshire for the remainder of federal FY99 which ends on September 30, 1999.

#11 Authorized to accept material donations in the estimated amount of $110. 00 for the New Hampshire State Veterans Cemetery to be used for the betterment of the cemetery as listed in attachment to letter of February 16, 1999.

#12 Authorized the transfer of funds from the Emergency Fund in the amount of $952. 94 to the State Active Service account. The Adjutant General's Department did not receive any appropriation for State Active Service for Fiscal Year 1999.

#13 Authorized the confirmation of Lieutenant Colonel James R. O'Rourke, 97 Montelona Road, Goffstown, NH to the rank of Colonel, New Hampshire Army National Guard.

#14 Authorized the confirmation of Lieutenant Colonel John R. Herrin, 50 Oriole Drive, Bedford, New Hampshire to the rank of Colonel, New Hampshire Army National Guard.

TREASURY DEPARTMENT

The Governor and Executive Council acted as follows:

#15 Authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $1,009. 14 as indicated in letter of February 18, 1999.

#16 Authorized to accept a report relative to the cash position of the State as of December 31,1998.

#16A Authorized to request for the award of a state guarantee for temporary, tax anticipation note borrowing for the Town of Greenville in accordance with Chapter One of Laws of 1999. The guarantee as awarded by the Fiscal Committee is in the amount of $228,000. The State Treasurer will execute the guarantee of principal and interest on these amounts.

#16B Authorized request for the award of a state guarantee for temporary, tax anticipation note borrowing for the Town of Ossipee in accordance with Chapter One of the Laws of 1999. The guarantee as awarded by the Fiscal Committee is in the amount of $362,656 for the Town of Ossipee. The State Treasurer will execute the guarantee of principle and interest on these amounts.

DEPARTMENT OF JUSTICE

The Governor and Executive Council acted as follows:

#17 Authorized to RETROACTIVELY grant permission for two employees, Senior Assistant Attorney General Mark S. Zuckerman, and Director of the Office of Victim/Witness Assistance Sandra Matheson, to travel out of state to Los Angles, California for three days, February 21 to February 23, 1999 for the purpose of witness interview in an ongoing investigation.

#18 DENIED-The Governor and Executive Council, on motion of Councilor Burton, and seconded by Councilor Spaulding, voted to DENY the petition of Ronald J. Collette, Jr. requesting a pardon hearing for the offense of Theft by Unauthorized Taking.

INSURANCE DEPARMENT

#19 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Spaulding, authorized request for the Insurance Commissioner and his staff to attend meetings of the National Association of Insurance Commissioners for actual and necessary travel and related expenses incurred as required by RSA 400-A:28. Permission is requested to cover all meetings called on this basis of the Association, its committees, subcommittees, hearings and other official activities for the period through March 31, 1999.

LIQUOR COMMISSION

The Governor and Executive Council acted as follows:

#20 Authorized to utilize the banking services of Fleet Bank, Government Banking Services-Merchant Card Services, 111 Westminster Street, Providence, RI, as a depository of funds for the New Hampshire State Liquor Commission Debit Card Program.

#21 Authorized to utilize the banking services of Bank of New Hampshire, 28 Portsmouth Ave, King's Highway Plaza, Stratham, NH, as the depository of funds for the New Hampshire State Liquor Store #25, Stratham, NH.

#21A Authorized request to establish a Liquor Investigator Position through June 30, 1999 as specified in letter of January 24, 1999. FISCAL COMMITTEE APPROVED

PUBLIC UTILITIES COMMISSION

#22 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Griffin, authorized to RETROACTIVELY accept a gift on behalf of the State in the amount of $264. 00 for travel expenses to Chicago, Illinois for Nancy Brockway, Commissioner. After her attendance, The Regulatory Assistance Project offered to pay for the cost of her travel and meals.

EMPLOYMENT SECURITY

The Governor and Executive Council acted as follows:

#23 Authorized to enter into a service agreement with American Air Systems in the amount of $6,000. 00 annually through June 30, 2001 for HVAC maintenance services at NHES's Conway Job and Information Center.

#24 TABLED-The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Colantuono, with Councilor Burton, and Councilor Griffin voting NO, voted to TABLE the motion until March 5, 1999; to enter into a ten-year lease purchase agreement with authorization for all provisions within the agreement with Alvin A. Traffie and Kathleen J. Traffie for the acquisition of land and construction of a building located at Lots 73 & 67, Tuthery Heights & Washington Street in Claremont, New Hampshire through December 31, 2009 or ten years from occupancy. The $898,000. 00 market price for the land and building will be amortized over a ten-year period beginning on January 1, 2000 or when the building is ready for occupancy. The total cost including carrying charges will not exceed $1,273,313. 20.

#25 TABLED-The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Colantuono, with Councilor Burton and Councilor Griffin voting NO, voted to TABLE the motion to enter into a ten-year lease purchase agreement with authorization for all provisions within the agreement with Strafford Works LLC for the acquisition of land and construction of a building located at Route 108 (Parcel 243) in Somersworth, New Hampshire through August 31, 2009 or ten years from the date of occupancy. The $1,354,200. 00 market price for the land and building will be amortized over a ten-year period beginning on September 1, 1999 or when the building is ready for full occupancy. The total cost including carrying charges will not exceed $1,896,898. 00.

#25A Authorized request to establish a Labor Market Analyst II Position through June 30, 1999, not June 30, 2001, as specified in letter of January 12, 1999. FISCAL COMMITTEE APPROVED

DEPARTMENT OF CORRECTIONS

The Governor and Executive Council acted as follows:

#26 Authorized to accept and expend a grant award in the sum of $461,888 from the U. S. Department of Justice for reimbursement for the care and custody of criminal aliens under the State Criminal Aliens Assistance Program and to expend those funds for the continuation of their automated information network; to purchase badly needed new and replacement vehicles for offender supervision and transportation and for equipment and supplies needed to replaced due to a recent pipe burst at the Concord Prison.

#27 Authorized request for extension of leave for Giacomo DiSalvo, Correctional Officer at the Lakes Region Facility, retroactive from February 5, 1999 to May 7, 1999.

#28 Authorized the Department to add Daniel Vasquez, D. D. S, 182 Rockingham Road, Londonderry, NH to the list of dental consultants for Fiscal Year 1999 as specified in attachment of letter of February 17, 1999.

#29 Authorized to accept, with thanks, the list of donations as specified in attachment of letter of February 5, 1999, to the New Hampshire State Prison for Women in Goffstown, NH.

#29A Authorized to expend up to $37,000 from the Correctional Industries Revolving Account to purchase a new delivery truck, as specified in letter dated January 27, 1999. FISCAL COMMITTEE APPROVED

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Executive Council acted as follows:

#30 Authorized Office of Travel and Tourism Development to enter into an agreement with CTM Brochure Display, Inc. , Woburn, MA for distribution of the New Hampshire Guidebook and the New Hampshire Visitor's Guide in the amount of $14,000. 00 through June 30, 1999.

#31 Authorized Design, Development, and Maintenance to enter into an agreement with TST Equipment, Inc. , Nashua, NH in the amount of $4,908. 00 for the repair and testing of 2 hydraulic groomer units at the Cannon Mt. Ski Area, Franconia, NH. SOLE SOURCE

#32 Authorized Office of Travel and Tourism Development to enter into an agreement with Celebrate New Hampshire Culture, Concord, NH in the amount of $50,000. 00 to represent New Hampshire in the 1999 Smithsonian Folklife Festival in Washington, DC through June 30, 1999.

#33 Authorized Division of Parks and Recreation to enter into Memorandum of Understanding with The Student Conservation Association, Inc. /NH Parks AmeriCorps, for the completing of various projects and assignments as assigned by the Department through November 1, 1999 in exchange for the use of Spruce Pond Camp in Bear Brook State Park and the payment of $50,000. 00, match for Federal Funding.

#34 Authorized Office of Travel and Tourism Development to AMEND contract with Wildmark, Inc. d/b/a Mail Call, Amherst, NH for telemarketing/fulfillment services and mailing list sales by $30,000. 00 for anew total of $330,000. 00 through June 30, 1999.

#35 Authorized Division of Forests and Lands to accept a federal allotment of funds for the Federal Fiscal Year October 1, 1997-September 30, 1999, under Cooperative Forestry Assistance Act of 1978, PL 95-313, Forest Health Monitoring, Forest Decline After Partial Harvest in Forest Stands in Central NH, in the amount of $6,000.

#35A Authorized Division of Parks and Recreation to expend $175,000 from the State Parks Fund-Ski Area Account, as specified in letter of January 11, 1999. FISCAL COMMITTEE APPROVED

#35B Authorized request to establish a Forester I Position and a Technical Support Specialist II Position through June 30, 1999, not September 2001, as specified in letter of February 2, 1999. FISCAL COMMITTEE APPROVED

FISH AND GAME DEPARTMENT

The Governor and Executive Council acted as follows:

#36 Authorized, with Councilor Streeter voting NO, to enter into a contract with Sodexho Marriott Services, Inc. , with a total cost not to exceed $4,500. 00 for the purpose of conducting a recognition dinner for volunteer hunter education instructors at Plymouth State College on March 20, 1999. SOLE SOURCE

#36A Authorized request to establish a Program Assistant II Position through June 30, 1999 as specified in letter of January 19, 1999. FISCAL COMMITTEE APPROVED

#36B Authorized to transfer $28,103 from the Fish and Game Fund to support activities associated with the Great Bay National Estuarine Research Reserve, as specified in letter of January 19, 1999. FISCAL COMMITTEE APPROVED

#36C Authorized to transfer $20,000 from the Fish and Game Fund, as specified in letter of January 20, 1999.

FISCAL COMMITTEE APPROVED

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Executive Council acted as follows:

#37 Authorized a step increase in salary for Harry T. Stewart, Director of the Water Division, Department of Environmental Services, to Group P Step 4, $68,972, effective March 4, 1999.

#38 Authorized approval of the Supplemental Loan Agreement between the Department and the City of Dover in the principal amount of $1,271,357. 02. The purpose of this Supplement Loan Agreement is to amend the Original Loan Agreement in the amount of $7,500,000 [initially approved on May 31, 1995 (Item #51)].

#39 Authorized approval of the loan agreement between the Department and the Waterville Estates Village District in the amount of $28,170 for the purpose of financing the design and construction of improvements to a drinking water pumping station.

#40 Authorized to accept $25,859 in Federal funds from the US Environmental Protection Agency for the State Revolving Fund Program through June 30, 1999.

#41 Authorized Waste Management Division to accept $60,000 in federal funds from the U. S. Environmental Protection Agency under the Leaking Underground Storage Tank Cooperative Agreement through June 30, 1999.

#42 Authorized to accept $16,885 in federal funds from the U. S. Environmental Protection Agency, through June 30, 1999 for the purpose of supporting the One Stop Reporting and Environmental Information Access Program.

#43 Authorized Water Division to budget funds in account 010-044-4788 in the amount of $39,500 through June 30, 1999.

#44 Authorized the Oil Fund Disbursement Board to budget funds in the amount of $10,000 through June 30, 1999 to the Oil Discharge and Disposal Cleanup Fund for the purpose of purchasing staff workstation modules to support the two new positions recently established by the Board.

#45 Authorized Water Management Division to make budget adjustments in the amount of $235,000 through June 30, 1999 to the Oil Pollution Control Fund, for the purpose of budgeting expenditures to support the removal of waste oil from the Former Christi Ambargis Mill Property, 8 Greenwood Road, Newport, to purchase staff workstation modules, and to adjust for anticipated shortfalls for emergency response expendable materials.

#46 Authorized to accept a rebudgeted grant from the U. S. Environmental Protection Agency to continue to carry out the Voluntary Environmental Management System Project, through October 1, 1999. No new funds have been granted, but the grant completion date has been changed from August 31, 1999 to October 1, 1999.

#47 Authorized to enter into a contract with the Town of Peterborough, 1 Grove Street, Peterborough, NH in the amount of $15,000. 00 effective upon Governor & Council approval, to complete a project to protect active sources of public drinking water from contamination.

#48 Authorized request of a no-cost time extension to the contract between the Department and Camp Dresser & McKee, Inc. , Ten Cambridge Center, Cambridge, MA from February 28, 1999 to June 30, 2000.

#49 Authorized Water Division to enter into an AMENDED agreement with GZA GeoEnvironmental, Inc. , 380 Harvey Road, Manchester, NH for additional work that was necessary during construction of improvements to the Tunnel-4 drain sump at the Department's regional wastewater treatment plant in Franklin, in an amount not to exceed $2,097. 15.

#50 Authorized to RETROACTIVELY AMEND a contract with Dorrs Pond Preservation Society, 451 Campbell Street, Manchester, NH, retroactive to January 1, 1999 through December 31, 1999. This is a time extension request and involves no new funds.

#51 Authorized to AMEND a contract with Rockingham Planning Commission, 154 Water Street, Exeter, NH through June 30, 1999. This is a time extension request and involves no new funds.

#52 Authorized Water Resources Council to transfer approximately 4 acres of land (3. 5 acres in Temple and 0. 5 acres in Greenville) and to AMEND the existing 50 year operating agreement with the Town of Greenville for continuing operation of a municipal water supply system.

#52A Authorized request to establish 3 Intern Positions through June 30, 1999, as specified in letter of February 8, 1999. FISCAL COMMITTEE APPROVED

#52B Authorized request to establish 2 Engineering Technician I Positions, 1 Environmentalist III Position, and 1 Program Specialist IV Position through June 30, 1999, as specified in letter of January 11, 1999. FISCAL COMMITTEE APPROVED

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Executive Council acted as follows:

#53 Authorized the Department, as administrator of the Social Security Program, to AMEND the agreement between the Secretary of the United States Department of Health and Human Services and the State of New Hampshire, to extend Social Security and Medicare coverage to the employees of the Central Hooksett Water Precinct whose positions are covered by the New Hampshire Retirement System-Group I. Effective date of coverage is January 1, 1996.

#54 Authorized Employee Assistance Program to accept and expend NH Highway Safety Agency Funds through September 15, 1999.

#55 Authorized to RETROACTIVELY enter into a lease renewal agreement with Gerald Q. Nash, 40 Temple Street, Nashua, NH retroactive to October 1, 1998, and to end thirty-six months thereafter.

#56 Authorized to RETROACTIVELY exercise a lease extension with 154 Main Street Realty Trust, c/o Michael Clare, 154 Main Street, Salem, NH, retroactive to February 7, 1999, and to end four months thereafter.

OFFICE OF COMMUNITY & PUBLIC HEALTH

The Governor and Executive Council acted as follows:

#57 Authorized Bureau of Oral Health to enter into an agreement with Thomas Quinn, DMD, Concord, NH in the amount of $18,400 through June 30, 1999.

#58 Authorized to RETROACTIVELY enter into an agreement with the University of New Hampshire, Durham, NH in the amount of $64, 849, retroactively for the period beginning February 1, 1999, through December 31, 1999. This is a one-year contract with the option to renew for one additional year if parties agree.

#59 Authorized, with Councilor Streeter voting NO, to RETROACTIVELY contract with the New Hampshire Celebrates Wellness Association c/o UNH Cooperative Extension Service, 315 Daniel Webster Highway, Boscawen, NH in the amount of $116,594, retroactively for the period from February 1, 1999, through June 30, 2000. This is a 17-month contract with the option to renew for one additional year if parties agree. SOLE SOURCE

#60 Authorized to AMEND an existing contract with the Trustees of Dartmouth College of Hanover, NH [initially approved on June 25, 1997, (Item #207) and amended on April 1, 1998 (Item #65)], by increasing the price limitation by $84,829 for FY 1999, from $268,000 to $352,829, through June 30, 1999.

#61 Authorized Bureau of Disease Prevention and Control to AMEND an existing contract with the Manchester Health Department of Manchester, NH [initially approved on June 25, 1997 (Item #221), and amended December 3, 1997 (Item #53 and on May 13, 1998 (Item #70)], by increasing the price limitation by $5,922, from $399,891 to $405,813 through June 30, 1999.

DEPARTMENT OF SAFETY

#62 The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Burton, authorized the Director of the Division of State Police to restore 16 hours sick leave to Sergeant Robert L. Quinn. In accordance with the provisions of RSA 106:B-18, it has been determined that Sergeant Quinn suffered a line of duty injury and was unable to perform his normal and routine duties from November 12, 1997 through November 13, 1997.

#62A Authorized to AMEND request to establish 1 Paralegal 1 Position and 1 Prosecuting Attorney Position through June 30, 1999, not September 30, 1999, as specified in letter of January 22, 1999. FISCAL COMMITTEE APPROVED

DEPARTMENT OF TRANSPORTATION

The Governor and Executive Council acted as follows:

#63 Authorized to AMEND the Agreement with the State of Vermont for the rehabilitation of the bridge carrying U. S. Route 302 over the Connecticut River between Haverhill, NH and Newbury, VT. The Agreement covers the engineering design phase of the project.

#64 Authorized to enter into an agreement with Bentley Systems, Inc. , d/b/a Bentley Systems Delaware, 690 Pennsylvania Drive, Exton, PA for training services in support of the Department's CAD/D systems.

#65 Authorized the Department's Construction Program for State Aid for Class I, II, and III Highways using State Aid Construction funds for State Fiscal Year 1999 [initially approved on August 26, 1998], hereby AMENDED to include projects in the communities of Bedford, Goffstown, Hampton, Littleton, and Peterborough. The cost sharing for each project shall be a 2:1 basis ($2 State for each $1 Town) as provided in RSA 235:15.

#66 Authorized contract with Continental Paving, Inc. , Londonderry, NH on a basis of a low bid of $1,360,820. 00. This contract consists of roadway rehabilitation on 16. 1 miles of Route 125 from the Massachusetts State line to just south of NH Route 101/NH Route 125 interchange in Epping.

#67 Authorized contract with Liberty Maintenance, Inc. , Campbell, OH on the basis of a low bid of $298,960. 00. This contract provides for maintenance repainting of a bridge, US Route 3 over the Baker River.

#68 Authorized contract with BFC, Inc. , Westmoreland, NH on the basis of a low bid of $92,096. 00. This contract provides for crack sealing a 12. 3 mile segment of I-93 including ramps and crossovers beginning north of the Franconia Notch State Park continuing to north of Exit 41 in Littleton.

#69 Authorized to sell a ranch style house, which requires removal from State owned property, in the Town of Hillsborough to James N. Locke II, 170 Peach Road, Center Barnstead, NH for $10,250. 00.

#70 Authorized to sell a Victorian style wood frame house, which requires removal from State owned property, in the Town of North Conway to Kirk Saunders of P. O. Box 690, North Conway, NH for $6,010. 00.

#71 Authorized to sell a mobile home, which requires removal from state owned property, in the Town of Madison to Harold Whitaker, Box 416, Center Conway, NH for $2,001. 00.

#72 Authorized to sell an open concept post and beam cape style house, which requires removal from State owned property, in the Town of Hillsborough to Frank Paul d/b/a Threeway Construction, 24 Liberty Hill Road, Henniker, NH for $1,500. 00.

#73 Authorized to sell a wood frame contemporary cape style house and barn, which requires removal from the State owned property, in the Town of North Conway to Nanci Neenan, Box 1025, 204 Intervale Cross Road, Intervale, NH for $1,848. 00.

#74 Authorized to sell a seven hundredths (0. 07) acre parcel of State owned land in the Town of Lincoln to Charles Philbrook for $1,200. 00 plus an Administrative Fee of $500,00.

#74A Authorized to accept the Contemplated Award List for the period of January 27, 1999 through February 9, 1999.

#74B Authorized Bureau of Rail and Transit to transfer and expend $130,000 from the Special Railroad Fund to purchase new railroad cross-ties and other track materials for the Mountain Division Railroad Line in Bartlett, as specified in letter of January 25, 1999. FISCAL COMMITTEE APPROVED

#74C Authorized Bureau of Rail and Transit to transfer and expend $20,000 from the Special Railroad Fund for necessary maintenance and repairs to state-owned railroad corridors, as specified in letter of January 20, 1999.

FISCAL COMMITTEE APPROVED

#74D Authorized Bureau of Rail and Transit to transfer and expend $8,000 from the Special Railroad Fund to purchase new bridge ties and other track materials to repair Bridge P20. 41 in Woodstock on the Concord to Lincoln railroad line, as specified in letter of January 26, 1999. FISCAL COMMITTEE APPROVED

#74E Authorized to transfer $80,000 excess engineering services revenue as the revenue becomes available ($20,000 for overtime costs and $60,000 for equipment), as specified in letter of December 23, 1998. FISCAL COMMITTEE APPROVED

#74F Authorized to transfer $1,109,500 and $632,250, respectively as specified in letter of January 29, 1999.

FISCAL COMMITTEE APPROVED

DEPARTMENT OF EDUCATION

The Governor and Executive Council acted as follows:

#75 Authorized to accept and expend an additional $90,570. 00 from the U. S. Department of Education and establish a class 042 COLA, through June 30, 1999.

#76 Authorized to accept and expend additional grant funds in the amount if $35,524. 35 from the U. S. Department of Education during the current fiscal year ending June 30, 1999.

#77 Authorized HIV/Health Program, Professional Development Bureau, to grant funds to the American Red Cross, West Chapter, Keene, NH, in the amount of $15,000. 00 through November 30, 1999.

#78 TABLED-The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Colantuono, voted to TABLE the request to RETROACTIVELY participate as a co-sponsor with the Eastern Region School-to-Work Partnership which held 2 one-day conferences for the training of trainers in Preparing Young Women for High Wage Trade and Technology Careers. These conferences were held at the Sheraton in Portsmouth, NH and at Plymouth State College, Plymouth, NH, on December 7 and 8, 1998. The cost of this activity was $4,900. 25. SOLE SOURCE

#78A Authorized request to transfer $20,779 as specified in letter of January 19, 1999. FISCAL COMMITTEE APPROVED

POSTSECONDARY EDUCATION COMMISSION

#79 The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Griffin, authorized to award a $10,000. 00 grant to Colby-Sawyer College under the provisions of RSA 188-D:33-35 for the purpose of granting scholarships to New Hampshire residents who have completed their freshman year and who will be selected for scholarships by the college on the basis of financial need or merit.

NH COMMUNITY TECHNICAL COLLEGE SYSTEM

The Governor and Executive acted as follows:

#80 The Governor and Executive Council authorized NHCTC-Laconia permission to increase the revolving fund under provisions of RSA 9:15, from $250.00 to $400.00.

#80A Authorized to establish a Secretary II Position and a Systems Development Specialist II Position through June 30, 1999, not August 31, 1999, as specified in letter of February 3, 1999. FISCAL COMMITTEE APPROVED

POLICE STANDARDS & TRAINING COUNCIL

#80B The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, Authorized to transfer and expend $20,000 from Penalty Assessment Funds in the Police Training Fund to cover additional costs associated with making the agency's computer system Year 2000 compliant, as specified in letter of January 21, 1999. FISCAL COMMITTEE APPROVED

NH SWEEPSTAKES COMMISSION

#81 The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Spaulding, authorized advance out-of-state travel for the fourth quarter of FY99 for the Commission members, Executive Director and such employees of the Sweepstakes Commission as may be authorized by the Executive Director in execution of the Tri-States Megabucks Program.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Executive Council acted as follows:

#82 Authorized request of Daniel & Nancy Shuster to dredge the bottom of the pond to restore original condition for boat access on property located at Harrisville Pond in Harrisville.

#83 Authorized request of David Fabian to construct a breakwater with a walkway connecting to a "U" shaped pier on property located at Lake Winnipesaukee in Alton.

#84 Authorized request of Warren & Monica Smith to relocate an existing aluminum seasonal pier and construct a breakwater on property located at Lake Winnipesaukee in Gilford.

#85 Authorized request of Spinnaker Cove Yacht Club to remove an 800 linear foot piling breakwater and construct 800 linear feet of wave fence breakwater system around an existing major docking facility on 946 feet of frontage on Paugus Bay, Lake Winnipesaukee in Laconia.

#86 TUITION REQUESTS

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, with Councilor Colantuono voting NO on Item

#A approved the following tuition requests:

A. COMMUNITY COLLEGE - Requests permission to pay the University of Phoenix, Phoenix, AZ, the sum of $1,410. 00 for the sole purpose of enrolling Matthew Goddard, Asst. Professor, in the course entitled "Project Management. "

B. EMERGENCY MANAGEMENT - Requests permission to pay New Hampshire College, Concord, NH, the sum of $945. 00 for the sole purpose of enrolling Jennifer Harper, Exercise Training Officer, in the course entitled "Business, Government & Environment. "

C. HEALTH AND HUMAN SERVICES - Requests permission to pay Plymouth State College, Plymouth, NH, the sum of $696. 00 for the sole purpose of enrolling Debra Sparks, Manager of Administration, in the course entitled "Substance Abuse, First Aid, Safety and Consumer Health. "

D. HOSPITAL - Requests permission to pay the College for Lifelong Learning, Concord, NH, the sum of $700. 00 for the sole purpose of enrolling Joseph Grady II, Remedial Teacher, in the course entitled "Knowledge of Special Education Laws and Regulations. "

E. TRANSPORTATION - Requests permission to pay Franklin Pierce College, Concord, NH, the sum of $247. 50 for the sole purpose of enrolling Tim Davis, Engineer Tech. In the course entitled" Labor and Management", also to pay Franklin Pierce College, the sum of $405. 00 for the sole purpose of enrolling Charles Dusseault, Civil Engineer, in the course entitled "Economics for Managers. "

#87 TRAVEL REQUESTS

The Governor and Executive Council approved the following travel requests:

A. COMMUNITY TECHNICAL COLLEGE - Requests permission for Monique Graf, Assistant Professor and David Orrick, Professor, or designee, to travel to Orlando, FL, on March 9-13, 1999 to attend the Academy of Criminal Justice Sciences 36th Annual Convention. Total Cost: $2,300. 00. Source of Funds: 40% General Funds & 60% Tuition.

B. COMMUNITY TECHNICAL COLLEGE - Requests permission for Martha Hunt, Professor, and Stephen Caccia, Vice President, or designee, to travel to Washington, DC, on March 27-30, 1999 to attend the American Student Association of Community Colleges National Legislative Conference. Total Cost: $1,612. 00. Source of Funds: 40% General Funds & 60% Tuition.

C. COMMUNITY TECHNICAL COLLEGE - Requests permission for Diane Chin, Barbara Fein, Matthew Berlinguette, and Allan Dermott, Professors, or designee, to travel to Saratoga Springs, NY, to attend the 22nd Annual Symposium on Developmental Education. Total Cost: $1,361. 80. Source of Funds: 41% Federal Funds, 24% General Funds & 35% Tuition.

D. COMMUNITY TECHNICAL COLLEGE - Requests permission for John Hare, Director, and Stephen Ambra, Librarian, or designee, to travel to Detroit, MI, on April 8-11, 1999 to attend the Association of College and Research Libraries Conference. Total Cost: $2,441. 00. Source of Funds: 40% General Funds & 60% Tuition.

E. CULTURAL RESOURCES, State Library - Requests permission for Theresa Pare, Librarian, and William Pariseau, Computer Systems Tech, or designee, to travel to Olympia, WA, on March 19-24, 1999 to attend the Building a State GILS Workshop. ALSO A CASH ADVANCE OF $400. 00 IS REQUESTED for Bill Paiseau. Total Cost: $1,923. 00. Source of Funds: 100% Federal Funds.

F. EDUCATION - Requests permission for John Flannery, Supervisor, and Mary Lou Mion, Disability Specialist, or designee, to travel to Atlanta, GA on March 21-27, 1999 to attend the Systems Administrators Training. Total Cost: $2,439. 00. Source of Funds: 100% Federal Funds.

G. EDUCATION - Requests permission for Virginia OBrien Irwin, Justina Hale-List, and Joan Schwartz, Administrators, and Sue Welsh, Coordinator, or designee, to travel to Burlington, VT, on March 16-18, 1999 to attend the Tech Prep Leadership. Total Cost: $2,128. 00. Source of Funds: 100% Federal Funds.

H. EDUCATION - Requests permission for Russell Day, Administrator, and Dennis Gannett, Supervisor, or designee, to travel to Dana Point, CA on March 14-19, 1999 to attend the Administrator Forum. Total Cost: $2,750. 00. Source of Funds: 100% Federal Funds.

I. EDUCATION - Requests permission for Paula Langlois, Louise Belanger, Carol Stewart, and Joan Marcoux, Rehabilitation Counselors, and Gail Rueggeberg, Program Specialist, or designee, to travel to Worcester, MA, on March 16, 1999 to attend the Hidden Disabilities and Job Accommodations Training. Total Cost: $375. 00. Source of Funds: 100% Federal Funds.

J. EMPLOYMENT SECURITY - Requests permission for Gary Wright, Supervisor, and Susan Bird, Systems Development Specialist, or designee, to travel to Sacramento, CA, on March 13-17, 1999 to attend the UNISYS User Group Conference. Total Cost: $2,447. 00. Source of Funds: 100% Federal Funds.

K. ENERGY AND COMMUNITY SERVICES - Requests permission for MaryAnn Manoogian, Asst. Director, and Regina Lamrey, Program Manager, or designee, to travel to Washington, DC, on March 9-12, 1999 to attend the National Association for State Community Services Program 1999 Mid-Winter Training Seminar. Total Cost: $2,200. 00. Source of Funds: 100% Federal Funds.

L. ENVIRONMENTAL SERVICES - Requests permission for Kevin MacLean, Plant Operator, and Scott Macdonald, Maintenance Mechanic Foreman, or designee, to travel to Milford, MA on May 19, 1999 to attend the OSHA Confined Space Safety Seminar. Total Cost: $240. 00. Source of Funds: Winnipausaukee River Basin Fees.

M. ENVIRONMENTAL SERVICES - Requests permission for Michael Fitzgerald, and James Ponticello, Air Pollution Control Engineers, or designee, to travel to New Haven, CT, on March 9-10, 1999 to attend the NESCAUM Mobil Source Committee Meeting. Total Cost: $420. 00. Source of Funds: 100% Title V Permit Fees.

N. ENVIRONMENTAL SERVICES - Requests permission for Sharon Ducharme, Joy Wiecks, Danuta Royes, and Bill Olender, Air Pollution control Engineers, or designee, to travel to Albany, NY on March 9-11, 1999 to attend the NESCAUM, Basic Source Inspection Techniques Course. Total Cost: $2,090. 00. Source of Funds: 100% Permit Fees.

O. ENVIRONMENTAL SERVICES - Requests permission for Natalie Landry, NPS Specialist, and Sherry Godlewski, Coordinator, or designee, to travel to Ascutney, VT, on March 10-12, 1999 to attend the New England Association of Environmental Biologists Annual Conference. Total Cost: $516. 00. Source of Funds: 100% Federal Funds.

P. ENVIRONMENTAL SERVICES - Requests permission for Chris Simmers, Program Manager, and Tina Davis, Administrator, or designee, to travel to Harrisburg, PA, on March 17-19, 1999 to attend the Foundation for Information Exchange: Sharing Information with Other States Workshop. Total Cost: $1,580. 00. Source of Funds: 100% Federal Funds.

Q. ENVIRONMENTAL SERVICES - Requests permission for Robert Varney, Commissioner, and George Dana Bisbee, Assistant Commissioner, or designee, to travel to Dallas, TX, on March 9-11, 1999 to attend the State EPA Information Management Working Group Meeting. Total Cost: $2,200. 00. Source of Funds: All costs will be reimbursed by Environmental Council of States.

R. INSURANCE - Requests permission for Charles Blossom, Commissioner, Monica Ciolfi, Deputy Commissioner, Steven Lauwers, Assistant Commissioner, Thomas Burke, Director, David Sky, Acting Director, Steven Olson, Information Technology Manager, Alex Feldvebel, and Roy Gutowski, Analysts, or designee, to travel to Washington, DC, on March 6-10, 1999 to attend the National Association for Insurance Commissioners 1999 Spring National Meeting. Total Cost: $7,544. 00. Source of Funds: Insurance Assessments.

S. JOINT BOARD OF LICENSURE AND CERTIFICATION - Requests permission for Louise Laughlin, Administrator, Edward Kelly, and Mark Stevens, Chairmen, Tyler Carlisle, John Jacobson, and Donald Blanchard, Board Members, or designee, to travel to Valley Forge, PA, on April 14-18, 1999 to attend the National Council of Examiners for Engineers and Surveyors Northeast Zone Meeting. Total Cost: $6,600. 00. Source of Funds: 100% General Funds.

T. JUSTICE - Requests permission for Detectives from Merrimack P. D. , Salem P. D., and Manchester P. D. , to travel to Ft. Lauderdale, FL, on June 12-16, 1999 to attend the SkyNarc Conference. Total Cost: $2,551. 00. Source of Funds: 100% Federal Funds.

U. JUSTICE - Requests permission for Michael DeLucia, Director, and Terry Knowles, Registrar, or designee, to travel to Washington, DC, on May 22-25, 1999 to attend the IRS 990 Project Workshop. Total Cost: $2,400. 00. Source of Funds: the Urban Institute will reimburse all costs.

V. JUSTICE - Requests permission for James Norris, Commander, and a Detective from Portsmouth P. D. , or designee to travel to Baltimore, MD, on March 15-18, 1999, to attend the Heroin-No Simple Solution Workshop. Total Cost: $1,604. 00. Source of Funds: 100% Federal Funds.

W. JUSTICE - Requests permission for Mark Thompson, Director, and Gale Dean, Specialist, or designee, to travel to Washington, DC, on April 5-8, 1999 to attend the BJA National Partnership Meeting. Total Cost: $1,486. 00. Source of Funds: 100% Federal Funds.

X. PARI-MUTUEL - Requests permission for Warren Leary, Jr. , Commissioner, and Paul Kelley, Director, or designee, to travel to New Orleans, LA, on March 10-15, 1999 to attend the 65th Annual Convention: Association of Racing Commissioners International. Total Cost: $1,980. 00. Source of Funds: 14% General Funds & 86% Lab Test Reimbursement.

Y. PHARMACY - Requests permission for Frank Case, and Margaret Hayes, Board Members, and Paul Boisseau, Executive Secretary, or designee, to travel to Albuquerque, NM, on May 21-27, 1999 to attend the National Association of Boards of Pharmacy Annual Meeting. Total Cost: $5,472. 00. Source of Funds: 100% General Funds.

Z. REAL ESTATE APPRAISER BOARD - Requests permission for Sally Sullivan, Administrative, Assistant, Gordon Maynard, and Louis Manias, Board Members, or designee, to travel to Washington, DC, on April 30-May 4, 1999 to attend the Association of Appraiser Regulatory Officials Meeting. Total Cost: $3,470. 00. Source of Funds: 100% General Funds.

AA. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for Philip Bryce, Director, Ingeborg Seaboyer, Forest Technician, and Bryan Nowell, Forest Ranger, or designee, to travel to Burlington, VT, on March 23-25, 1999 to attend the New England Society of American Foresters 79th Winter Meeting. Total Cost: $591. 00. Source of Funds: Green Mountain Division will pay for $130. 00. The balance of $389. 00 is 100% Federal Funds.

BB. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for Jennifer Bofinger, Forest Entomologist/Pathologist, and Kyle Lombard, Forest Technician, or designee, to travel to Plymouth MA, on March 8-11, 1999 to attend the Northeastern Forest Pest Council Meeting. Total Cost: $826. 00. Source of Funds. 100% Federal Funds.

CC. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for Stuart Arnett, and Lauri Ostrander, Directors, to travel to Philadelphia, PA, on March 10-12, 1999 to attend the NASDA Eighth Annual National Conference on Tourism Development. Total Cost: $2,558. 58. Source of Funds: 100% General Funds.

DD. SAFETY - Request permission for Marc Dupre, Criminalist, or designee, to travel to Quantico, VA, on March 8-26, 1999 to attend the Administrative Fingerprint Course. ALSO A CASH ADVANCE OF $950. 00 IS REQUESTED for Marac Dupre. Total Cost: $950. 00. Source of Funds: 100% Revolving Fund.

EE. STATE PLANNING - Requests permission for David Hartman, Senior Planner, Diane Hardy, and Marcia Thunberg, Principal Planners, or designee, to travel to Washington, DC, on March 20-25, 1999 to attend the Ocean and Coastal Program Manager's Meeting. Total Cost: $3,050. 00. Source of Funds: 100% Federal Funds.

FF. TRANSPORTATION - Requests permission for Fran Buczynski, Administrator, Richard Lusk, Chief, and Rachel Gagnon, Coordinator, or designee, to travel to Portland, ME, on March 9-10, 1999 to attend the Disadvantaged Business Enterprise program Regulation 49 CFR parts 23 & 26 Update. Total Cost: $247. 12. Source of Funds: 100% Federal Funds.

GG. TRANSPORTATION - Requests permission for Glenn Davison, Civil Engineer, Lyle Knowlton, and Karen Gola, Traffic Engineers, or designee, to travel to Hartford, CT, on March 17-18, 1999 to attend the Northeast Y2K Traffic Control Systems Workshop. Total Cost: $100. 00. Source of Funds: 100% Highway Funds.

LATE ITEMS

A. NEW HAMPSHIRE HIGHER EDUCATIONAL AND HEALTH FACILITIES AUTHORITY
Approval of the Supplemental Report and Findings of Councilor Bernard A. Streeter, Jr. , with regard to a certain refinancing of existing Indebtedness project with the Saint Anselm College, Goffstown, New Hampshire.

B. DEPARTMENT OF TRANSPORTATION
Approval for 10 employees or their designees to travel to Bethel, Maine, for six days of out of state travel from March 21, 1999 to March 26, 1999, to attend the Tri-State Leadership Conference. Total cost $14,600. 100% Highway Funds

NO PARDON HEARINGS

The Governor set the next regular meeting of Governor and Executive Council for March 24, 1999 at 10:30 a. m. at the State House, Concord, New Hampshire. The Honorable Board then adjourned.

 

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