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Minutes
April 7, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
April 7, 2004 10:00 am

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

The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wheeler accepted the minutes of March 24, 2004.

The Governor and Executive Council, on motion of Councilor Wheeler, seconded by Councilor Spaulding approved as amended the appointment of several persons nominated for Civil Commissions from the April 7, 2004 meeting.
The name of Linda Clifford was removed from the list as a Notary Public renewal.

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

RESIGNATION

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

Derry District Court
Special Justice
Edward R. Thornton, Moultonborough

CONFIRMATIONS

The Governor and Council confirmed the following:

Artist Laureate
M. Marguerite Matthews, Durham Effective: April 7, 2004
(Reappointment) Term: February 18, 2006

Board of Managers of the NH Veteran's Home
American Legion
Robert Wyman, Keene Effective: April 7, 2004
(Filling Vacancy) Term: March 1, 2007

New Motor Vehicle Arbritation Board
Alternate
George F. Dykstra, Chichester Effective: April 7, 2004
(Reappointment) Term: May 26, 2007

Real Estate Appraiser Board
Public Member
Sally R. Sullivan, Concord Effective: April 7, 2004
(Filling Vacancy) Term: September 16, 2005

Speech-Language Pathology Governing Board
Debra Hiney, Exeter Effective: April 7, 2004
(Replacing Patricia T. Morrell) Term: March 4, 2007

NOMINATION AND CONFIRMATION

The Governor placed into nomination and the Governor and Council confirmed the following:

Department of Administrative Services
Commissioner Effective: April 7, 2004
Donald S. Hill, Pembroke Term: July 1, 2008
(Reappointment)Salary: $99,317 LL 05

NOMINATIONS

The Governor placed into nomination the following:

Board of Barbering, Cosmetology and Esthetics
Public Member Effective: Upon Confirmation
Louise Lavertu, Chichester Term: July 1, 2009
(Filling Vacancy)

Enhanced 911 Commission
NH Fed. Of Fire Mutual Aid Effective: Upon Confirmation
Paul A. Szoc, Keene Term: July 22, 2006
(Replacing George L. Landry)

Office of Information Technology
Interim Chief Information Officer Effective: Upon Confirmation
Richard C. Bailey, Jr., Bow Term: Serves at the pleasure of the Governor
(Filling Vacancy) Salary: $90,000

Postsecondary Education Commission
Lay Public Effective: Upon Confirmation
David L. Mahoney, Nashua Term: June 30, 2008
(Reappointment)

Respiratory Care Practitioners Governing Board
Physician Knowledgeable in Respiratory Care Effective: Upon Confirmation
Robert G. Fishwick, Concord Term: February 17, 2007
(Replacing D. Thomas Akey)

State Sweepstakes Commission
Arthur P. Klemm Jr, Windham Effective: Upon Confirmation
(Replacing James A. Shanahan) Term: June 29, 2007

University Sysytem Of New Hampshire Board of Trustees
Andrew E. Lietz, Rye Effective: Upon Confirmation
(Reappointment) Term: June 30, 2008

Volunteer New Hampshire Board of Directors
Community-based Organization Effective: Upon Confirmation
James W. Milliken, Concord Term: 3 years from date of appointment
(New Position)

State Commission on the Status of Women
Anne B. Botteri, Bedford Effective: Upon Confirmation
(Filling Vacancy) Term: October 20, 2006

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

#1 Authorized to budget and expend the sum of $59,980.88 representing prior year federal funds passed through from the NH Department of Transportation for the purpose of continuing OEP projects under the Scenic and Cultural Byways Program. Effective upon G&C approval through June 30, 2004. 100% Federal.

#2 Authorized to accept and expend additional federal funds in the amount of $578,431.84 from the US Environmental Protection Agency. Effective upon G&C approval through June 30, 2004. 100% Federal.

#3 Authorized to conduct a one day conference on Saturday, May 8, 2004 at the Center of NH to provide training to local land use board members, for a total cost not to exceed $11,890.45 100% Revolving Funds.

#4 Authorized to enter into a sole source agreement with White Mountain Recreation Association, Inc., dba White Mountain Attraction, Woodstock, NH, for a marketing program for the White Mountain Trail and Kancamagus Highway, in the amount of $25,000. Effective upon G&C approval through June 30, 2005. 100% Federal.

#5 Authorized to enter into a sole source agreement with North Country Council, Inc., Bethlehem, NH, to oversee the Byways Council, in the amount of $25,000. Effective upon G&C approval through June 30, 2005. 100% Federal.

#6 Authorized to enter into an agreement with Crane Associates, LLC, Burlington, VT, to provide $10,000 to undertake targeted community recreation facility inventories and recreation program assessments. (2)Further Authorized to advance Crane Associates, LLC one third of the project costs, $3,333, to operated and perform work required by this contract between the initial payment and the scheduled mid-project reimbursement from the state. Effective upon G&C approval through June 30, 2004. 100% Federal.

#7 NOT USED

#8 Authorized to enter into an agreement with Moose Mountain Regional Greenways, Union, NH, to educate landowners, community leaders and the public about the importance of preserving water resources, buffers, wildlife habitat and other critical natural resources in Brookfield, in the amount of $8,497. Effective upon G&C approval through June 30, 2005. 100% Federal.

#9 Authorized to enter into a Cooperative Project Agreement with the University of NH, Office of Sponsored Research, Durham, NH, to coordinate and deliver various estuarine monitoring activities that support the NH Estuaries Project in 2004, in the amount of $35,480. Effective upon G&C approval through March 31, 2005. 100% Federal.

#9A Authorized to enter into an agreement with the University of NH, Department of Recreation Management and Policy, Durham, NH, to undertake a statewide community recreation leaders study, in the amount of $10,662. Effective upon G&C approval through June 30, 2004. 100% Federal.

#9B Authorized to enter into an agreement with University of NH, Jackson Estuarine Laboratory, Office of Sponsored Research, Durham, NH, for the application of DNA Ribotyping Technologies to Investigations of Pollution Sources Affecting Shellfish Growing Areas, in the amount of $40,000. Effective upon G&C approval through June 30, 2004. 100% Federal.

#9C Authorized to enter into an agreement with the Society for the Protection of NH Forests, Concord, NH, to increase the capacity of land trusts, conservation commissions, attorney's and real estate professionals in the Seacoast to achieve permanent land protection, in the amount of $9,550. Effective upon G&C approval through June 30, 2005. 100% Federal.

BUSINESS FINANCE AUTHORITY
#9D The Governor and Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, and further on a roll call vote as follows: Councilor Burton - yes, Councilor Spaulding - yes, Councilor Griffin - yes, Councilor Wieczorek - yes, and Councilor Wheeler - No, authorized to hold a Public Hearing to approve an award of a State Guarantee under RSA 162-A:13-a with respect to a loan from Centrix Bank & Trust to Accurate Transport, Inc. in Londonderry, New Hampshire. Action will authorize a Resolution under RSA 162-I: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 APRIL 7, 2004
COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

* * * * * * *
At approximately 10:40 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 Centrix Bank & Trust to Accurate Transport, 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 Donahue, Senior Credit Officer of the Authority who briefly explained the project and introduced Anthony Chismark, Vice President of Centrix Bank & Trust and James Martin, President of
Accurate Transport, 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 Griffin
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 CENTRIX BANK & TRUST TO ACCURATE TRANSPORT, INC." 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, and Councilor Wieczorek; those abstaining were Councilor(s): None; and those voting against were: Councilor Wheeler. 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
CENTRIX BANK & TRUST TO ACCURATE TRANSPORT, 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 seventy-five percent (75%) of the principal amount of a loan up to $500,000 from Centrix Bank & Trust to Accurate Transport, 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 seventy-five percent (75%) 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 April 7, 2004.

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

#10 Authorized under the provisions of the Community Development Block Grant Program, to enter into an agreement with the Town of Whitefield, NH, to study ADA accessibility for the Whitefield Town Office, in the amount of $8,000. Effective upon G&C approval through June 30, 2005.

#11 Authorized under the provisions of the Community Development Block Grant Program, to enter into an agreement with the County of Merrimack, Concord, NH, to perform a study regarding funding sources for repairs to affordable housing, in the amount of $9,000. Effective upon G&C approval through March 31, 2005.

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

#12 Authorized to transfer $188,200, as specified in letter dated March 24, 2004. Fiscal Committee approved.

#13 Authorized to enter into a contract with Pinnacle Mapping Technologies, Inc., Indianapolis, IN, to perform Digital Orthophotos 2004 to provide data on NH Army National Guard site in Berlin, Lancaster, Woodsville, Center Haverhill, Plymouth, Lebanon, Franklin, Claremont and Peterborough for environmental assessment of proposed construction and training activities, for a maximum price of $27,728. 100% Federal.

#14 Authorized to enter into an amendment to the sole source contract with N.E. Tree Transplanting, Gilmanton Iron Works, NH, (previously approved by G&C on 3-19-03, item #32), to perform Tree Spade Transplanting Services in support of habitat restoration activities at the State Military Reservation in Concord, by increasing the contract price limitation from $16,000 to $20,200 and extend the completion date from April 30, 2004 to May 31, 2004. 100% Federal Funds.

#14A NOT USED

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

#15 Authorized to accept and place on file the Report and Findings of Councilor Peter J. Spaulding with regard to the Capital Note and Revenue Anticipation Note Program-Statewide project.

#16 Authorized to accept and place on file the Report and Findings of Councilor Peter J. Spaulding with regard to the NH Higher Education Loan Corporation - Concord - Student loan program.

#17 Authorized to appoint Councilor David K. Wheeler as a designee of the Executive Council to hold a hearing on the proposal, as detailed in letter dated March 22, 2004, for the major construction, renovation, furnishing, equipment and the refinancing of existing indebtedness in connection with Franklin Pierce College, Rindge, NH.

#18 Authorized to accept and place on file the Report and Findings of Councilor David K. Wheeler with regard to a certain proposal of the major construction, renovation, furnishing, and equipment project in connection with St. Joseph Hospital, Covenant Health Systems and The Surgi-Center at St. Joseph Hospital, Nashua, NH.

TREASURY DEPARTMENT
#19 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding, authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $15,990.51 to the rightful owners of abandoned or unclaimed funds.

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

#20 Authorized Division of Arts, to award a Community Arts grant to the Division of Libraries in the amount of $3,100. (2)Further Authorized Division of Libraries to accept and expend a Community Arts grant from the Division of Arts in the amount of $3,100 for the Summer Reading Experience. Effective upon G&C approval. 100% General Funds.

#21 Authorized Division of Arts to award an Arts in Education Grant to the Spaulding Youth Center Foundation, Tilton, NH, in the amount of $3,407. 100% Federal Funds.

#22 Authorized Division of Arts to award an Annual Advancement grant in the amount of $5,600 to the NH Music Festival, Center Harbor, NH. 100% Federal Funds.

#23 Authorized Division of Arts, to award an Art Links Grant to the Manchester Community Music School, Manchester, NH, in the amount of $5,000. Effective upon G&C approval. 100% Federal Funds.

ATTORNEY GENERAL
#24 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized to enter into a sub-grant with the NH Police Standards and Training Council, to be used to create two interactive learning centers in NH, in the amount of $222,000. Effective upon G&C approval to August 31, 2004. 100% Federal Funds.

HIGHWAY SAFETY AGENCY
#25 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Wheeler, authorized to enter into a contractual agreement with the NH Fisher Cats baseball team to coordinate a highway-safety related advertisement campaign during the 2004 season home games, in the amount of $10,800. Effective upon G&C approval through September 15, 2004. 100% Federal.

INSURANCE DEPARTMENT
#26 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized to enter into a sole source agreement with Russell F. Hilliard, Esq. of Upton & Hatfield, LLP, to serve as a hearings officer in the Department's show cause proceedings involving AlphaDirections, Inc., acting by and through its president, Linda Pepin, in the amount of $20,000. Effective retroactive to March 12, 2004 through June 30, 2005. 100% Other Funds.

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#27 Authorized to enter into an agreement with Advanced Electrostatic Refinishing, to provide electrostatic refinishing services at NHES office locations statewide, for a total amount not to exceed $30,000. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

#28 Authorized to enter into a retroactive license agreement with Granite State Independent Living for co-location services to be provided to GSIL staff by NHES in conjunction with its WIA One-Stop initiatives, for a total estimated amount of $419,911.44. Effective upon G&C approval for the six-year period retroactive to August 1, 2003 through June 30, 2009. (2)Further Authorized to accept and expend these funds from GSIL in the estimated annual amount of $69,985.24. 100% Other Funds.

LIQUOR COMMISSION
The Governor and Council acted as follows:

#29 Authorized to amend the sole source agreement with Thermal Stor Refrigeration Inc., Hooksett, NH, (previously approved by G&C on 2-19-03, item #47), to provide for unanticipated heating and air conditioning service requirements at various State Liquor Stores, by increasing the price limitation from $57,937.50 to $87,937.50, an increase of $30,000. 100% General Funds.
#30 Authorized to transfer $298,880, as specified in letter dated March 24, 2004. Fiscal Committee approved.

NH BOARD OF ACCOUNTANCY
#31 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton, authorized to amend an agreement with Tanya Richmond of Crisp & Richmond, Concord, NH, for legal assistance to continue to investigate and possibly prosecute a case of alleged fraud and abuse, by increasing the price limitation by $25,200 for a total of $26,000. Effective upon G&C approval through June 30, 204.

DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:

#32 Authorized with Councilor Griffin voting NO, to pay $320,105.44 in overtime for permanent personnel services out of salaries for vacant positions due to pending recruitment for the period November 21, 2003 through January 31, 2004.

#33 Authorized to enter into a retroactive amendment to a contract with Neat New Hampshire Cleaning Service, for cleaning services at the Nashua Probation/Parole Office, by increasing the price limitation from $8,280 to $16,560, an increase of $8,280 and extending the completion date from March 6, 2004 through March 6, 2006. 100% General Funds.

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

#34 Authorized Division of Parks and Recreation, Bureau of Trails to pay the invoice, as detailed in letter dated March 10, 2004, in the amount of $6,450 for the purchase of used steel from Charles Isaacson & Sons, Inc., Berlin, NH, for emergency repairs to a damaged bridge. 100% Other.

#35 Authorized Division of Forests and Lands sole source agreement to purchase renewal commercial fire insurance for the Fox Forest Reservation in Hillsboro, NH, at a cost of $4,864, from GSBI Insurance Group, Portsmouth, NH. Effective retroactive to February 14, 2004 to February 14, 2005. 100% Other.

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

#36 Authorized to accept and expend $10,000 from Public Service of NH as pledged as part of Project Osprey memorandum of understanding signed on April 25, 2000 to build a wildlife viewing platform in Stratham, NH, for viewing osprey. Effective upon G&C approval through June 30, 2005.

#37 Authorized to accept and expend an additional $39,541 in federal funds from State Wildlife Grant U-1-L. (2)Further Authorized to accept and expend $30,000 in non-federal funds from The Nature Conservancy as partial match for the federal funds above. (3)Further Authorized to enter into a contract with Upland Resource Group Inc., for a vegetative inventory of the 25,000-acre Connecticut Lakes Natural Area as described in the Scope of Services, as detailed in letter dated March 12, 2004. Effective upon G&C approval through December 30, 2004.

#38 NOT USED

#39 Authorized to enter into a retroactive sole source Cooperative Project Agreement with the University of NH, NH Public Television, Durham, NH, for the production of the Wildlife Journal television show, in the amount of $276,000. Effective July 1, 2003 through June 30, 2005 with the option of an additional two-year extension with no change in fee structure.

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

#40 Authorized to accept and expend $28,493 in federal flow through funds from the Department of Justice, for the purpose of purchasing equipment for responding to terrorist incidents. Effective upon G&C approval through June 30, 2004.

#41 Authorized to establish a Hydrogeologist II position and an Environmental Technician I position through June 30, 2005, as specified in letter dated March 24, 2004. Fiscal Committee approved.

#42 Authorized to accept and expend additional funds from Water Users in the amount of $10,000, to be budgeted at detailed in letter dated March 24, 2004. Effective upon G&C approval through June 30, 2004.

#43 Authorized the payment of moving expenses in an amount not to exceed $2,100 for Mr. Gregory A. Kirby from Merrimack to Gorham, as detailed in letter dated March 10, 2004.

#44 Authorized to enter into a sole source retroactive lease agreement with Gerald P McCarthy Properties, West Wareham, MA, for the storage and repair of boats and emergency response equipment, in the amount of $26,016. Effective November 1, 2003 through October 31, 2005, with an option to renew for three one year periods. 100% Other Funds.

#45 Authorized to amend a contract with Weston Solutions Inc., Manchester, NH, (previously approved by G&C on 6-25-03, item #126), for operations and maintenance services, by increasing the contract value by $222,411 from $2,658,112 to $2,880,523 and extending the contract from August 31, 2004 to March 31, 2005. 55% Federal, 45% State.

#46 Authorized to enter into a contract with CAB Services Inc., Dover, NH, for response and cleanup of petroleum releases, in an amount not to exceed $375,000. Effective upon G&C approval through June 30, 2006.

#47 Authorized to enter into an agreement with Vanesse Hagen Brustlin, Inc., Bedford, NH, to perform a study of the Homestead Dam in East Swanzey, in the amount of $90,025. Effective upon G&C approval through December 31, 2004.

#48 Authorized to amend a loan agreement with the Town of Tamworth, (previously approved by G&C on 10-23-02, item #53), to provide for amortization of the loan and a repayment schedule for the Town, in the principal amount of $1,051,905.28. Effective upon G&C approval.
#49 Authorized the approval of the Second Allonge to Promissory Note, as detailed in letter dated March 1, 2004, with Evergreen Water Corp., a New Hampshire Corporation, in the principal amount of $93,817.85 for financing the development of an additional ground water supply. Effective upon G&C approval.

#50 Authorized to enter into a sole source Cooperative Project Agreement with the University of NH, Office of Sponsored Research, Durham, NH, for the "Reducing PBT's in the Health Care Sector and Schools Project", for $7,500. Effective upon G&C approval through December 31, 2004. 100% Federal Funds.

#51 Authorized to enter into a grant agreement with the Town of Wolfeboro Department of Public Works, Wolfeboro, NH, for the installation of a stormwater treatment device, in the amount of $3,000. Effective upon G&C approval through December 31, 2004. 100% Federal.

#52 Authorized with Councilors Spaulding and Griffin voting NO, to enter into an agreement with Kevin C. Dolloff dba Dolloff Lawncare, Laconia, NH, for lawn maintenance, in the amount of $25,111. Effective upon G&C approval through December 31, 2007.

#53 Authorized to award a Local Source Water Protection grant to the LVPO Association, Inc., Ossipee, NH, to complete a project to install fencing to protect the system's drinking water supply sources, in the amount of $6,200. (2)Further Authorized to award a Local Source Water Protection grant to the West Swanzey Water Company, Inc., West Chesterfield, NH, to complete a project to protect drinking water from contamination, in the amount of $14,888. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#54 Authorized to award a Household Hazardous Waste grant to the City of Concord, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $7,730.53. Effective upon G&C approval through December 31, 2004. 100% Other Funds.

#55 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 $2,000. Effective upon G&C approval through December 31, 2004. 100% Other Funds.

#56 Authorized to retroactively amend a contract with NH Lakes Association Inc., Concord, NH, (previously approved by G&C on 5-21-03, item #47), for implementing the Lakes Host Program, by extending the completion date to December 31, 2004 from December 31, 2003. 100% Other Funds.

#57 Authorized name change request to Tom Murphy on permit to extend and relocate an existing seasonal walkway accessing two existing seasonal piers connected by two seasonal walkways in a "Y" shape on frontage on property located at Moultonborough Neck on Lake Winnipesaukee in Moultonborough.

#58 Authorized Lakeshore Realty Trust's request to permanently remove a crib supported dock, dredge lakebed and excavate shoreline to construct a dug in boathouse and wharf accessed by a walkway behind full lake elevation on frontage on property located at Lake Winnipesaukee in Wolfeboro.

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

#59 Authorized to transfer $974,864.50 in state general funds otherwise unappropriated, and accept and expend $975,839.36 in federal funds, as specified in letter dated March 24, 2004. Fiscal Committee approved.

Office of Program Support
#60 Authorized to transfer $51,745, as specified in letter dated March 24, 2004. Fiscal Committee approved.

#61 Authorized Legal Services, Administrative Rules Unit to retroactively amend the Educational Tuition Agreement with UNH Manchester (previously approved by G&C on 12-17-03, item #155-T), increasing the amount from $1,006.50 to $1,587. 44% Federal, 56% General.

Division for Juvenile Justice Services
#62 Authorized to accept $1,700 in donations for the period November 1, 2003 through December 31, 2003, as specified in letter dated March 18, 2004. Fiscal Committee approved.

Division for Children, Youth & Families
#63 Authorized to retroactively reimburse the individuals, as specified in letter dated February 12, 2004, from current year funds for travel expenses incurred while in the performance of official state business during last state fiscal year. 50% Federal, 50% General.

#64 Authorized to accept and expend $61,654 in federal funds, as specified in letter dated March 24, 2004. Fiscal Committee approved.

Behavioral Health
#65 Authorized to make an unencumbered retroactive payment in the amount of $2,852 to Attorney Lauren Vallari, Concord, NH, for legal services provided during SFY 2003. 100% General.

#66 Authorized to enter into an agreement with Nashua Pastoral Care Center Inc., Nashua, NH, to provide services to homeless individuals, in an amount not to exceed $20,000. This amount represents an award retroactive to January 1, 2004 through December 31, 2004. 100% Federal.

New Hampshire Hospital
#67 Authorized to accept a $100 donation from the NH Center for Nonprofits, as specified in letter dated March 16, 2004. Fiscal Committee approved.

#68 Authorized to continue a contract with the National Association of State Mental Health Program Directors Research Institute Inc., Alexandria, VA, in the amount of $6,950. Effective upon G&C approval through February 28, 2005. 100% General.

Office of Administration
#69 Authorized to reclassify four positions, #17147, 40341, 40342, and 9T296, from Environmentalist III, salary grade 23, to a newly established classification of Health Risk Assessor, salary grade 25 in the Bureau of Health Rick Assessment.

Office of Community & Public Health
#70 Authorized to accept and expend $128,699 in federal funds, as specified in letter dated March 24, 2004. Fiscal Committee approved.

#71 TABLED-The Governor and Council, on motion of Councilor Wheeler, seconded by Councilor Wieczorek, with Councilors Griffin and Spaulding voting NO, voted to table the request of STD/HIV Prevention Bureau to amend a sole source agreement with Creative Classrooms, Inc., Raymond, NH, (previously approved by G&C on 7-16-03, Late Item #D), to oversee and provide logistical support to the comprehensive HIV Prevention and Care Community Planning Process, by increasing the price limitation by $103,800 from $222,686 to $326,486. Effective upon G&C approval. 100% Federal.

#72 Authorized Disease Management Program to enter into an agreement with the City of Concord, NH, Recreation Department, to provide prevention of type 2 diabetes through physical activity and healthy eating interventions, totaling $30,000. Effective upon &C approval through March 31, 2005. 100% Federal.

#73 Authorized Disease Management Program to enter into an agreement with the North Country Health Consortium, Littleton, NH, to provide prevention of type 2 diabetes through physical activity and healthy eating interventions, totaling $31,254. Effective upon &C approval through March 31, 2005. 100% Federal.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#74 Authorized to accept and expend additional funds from the US Department of Education to provide funding of special education grants for ages 3 through 21 to Local Education Agencies in the amount of $3,398,252. Effective upon G&C approval through June 30, 2004. 100% Federal Funds.

#75 Authorized to budget and expend carry forward teacher certification funds in the amount of $350,000 for the purpose of supporting the creation of a web-based certification system. Effective July 1, 2004 through June 30, 2005. 100% Other Funds.

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#76 Authorized Bureau of Emergency Management to execute a sole source contract agreement with Jane E. Hubbard to update existing flood mitigation plans in the City of Keene, the Town of Lancaster, and the Town of Plymouth, in the amount of $10,900. Effective upon G&C approval through June 30, 2004. 100% Federal.

#77 Authorized Division of Fire Safety and Emergency Management, Bureau of Emergency Management to hold a workshop for "Hazardous Weather & Flood Preparations" on April 13, 14, and 15, 2004 at the Red Jacket Mountain View LLC, North Conway, NH, for a total cost not to exceed $8,496.98. (2)Further Authorized a contract with the Red Jacket Mountain View, LLC, North Conway, NH, for a function room, meals, and rooms in the amount of $8,496.98. Effective upon G&C approval through April 15, 2004. 100% Federal.

#78 Authorized the renewal permit application of Camp Deerwood, Inc located on Squam Lake in Holderness, NH, for a congregate mooring field, renewal of nine moorings.

#79 Authorized the renewal permit application of Indian Point Beach Association located on Newfound Lake in Hebron, NH, for a congregate mooring field, renewal of five moorings.

#79A Authorized Division of Motor Vehicles to enter into a $9,000 sole source contract with McIntosh College of Dover, NH, to lease classroom and parking lot space to provide Motorcycle Rider Training. Effective upon G&C approval through December 31, 2004. 100% Highway.

#79B Authorized Division of State Police to enter into a $10,500 sole source contract with JSI Telecom, Sterling, VA, to provide support and software maintenance for the State Voice Box System. Effective upon &C approval through June 30, 2004 with the option to renew for one additional year. 100% Federal.

#79C Authorized Division of Fire Safety and Emergency Management to enter into an agreement with Mountain View Country Club LLC, dba Mountain View Grand of Whitefield, NH, to hold a National Fire Protection Association "Risk Watch" training session, in the amount of $13,000. Effective retroactive to September 25, 2003 through September 26, 2003. 100% Federal.

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#80 Authorized with Councilor Wheeler voting NO, the Bureau of Right of Way petition for a public hearing on alterations to be made to US Route 2 in the Towns of Jefferson and Randolph, as detailed in letter dated March 16, 2004. (2)Further authorized to appoint a commission to hold the hearing, and, if the necessity is found, to conduct negotiations with the property owners, for a suggested budget of $5,518.75.

#81 Authorized Bureau of Right of Way petition for a public hearing on alterations to NH Route 128 in the Town of Londonderry, as detailed in letter dated March 12, 2004, for the purpose of improving safety. (2)Further authorized to appoint a commission to hold the hearing, and, if the necessity is found, to layout the new highway at the location, for a suggested budget of $3,225.

#82 Authorized to accept and place on file the Bureau of Right Way's Contemplated Award List for the period March 4, 2004 through March 17, 2004.

#83 Authorized Bureau of Finance and Contracts to pay Small Claims submitted for the period of April, 2004 to June, 2004.

#84 Authorized Construction Bureau to amend the contract with East Coast Signals, Inc., Deerfield, NH, (previously approved by G&C on 9-17-03, item #155), for installing a closed loop coordinated system along NH Route 125 from Wentworth Avenue/Shaw's Plaza intersection north to the East Road/Joanne Drive in the Town of Plaistow, by increasing the contract by $18,000 from $236,822 to $254,822.

#85 Authorized Bureau of Highway Design to modify an agreement with Hoyle, Tanner & Associates, Manchester, NH, (previously approved by G&C on 2-9-00), for engineering services, by increasing the total lump-sum fee by $32,254.58, from $208,240 to $240,494.58.

#86 Authorized Bureau of Construction contract with Winterset, Inc., Lyndonville, VT, for cold plane, in lay and/or overlay with hot bituminous pavement sections of existing pavement on I-93, as well as the preservation work on associated bridges, on the basis of a low bid of $3,360,535.10. Effective upon G&C approval through September 9, 2005.

#87 Authorized Bureau of Construction contract with New England Signal Systems, Inc., Northwood, NH, for replacing the existing signal and other associated work at the intersection of NH Route 107, Essex Road and Central Street in the Town of Raymond, on the basis of a low bid of $106,379.50. Effective upon G&C approval through October 8, 2004.
#88 Authorized Bureau of Construction contract with Alvin J Coleman & Son, Inc., Conway, NH, for replacing the existing wire signal, adding a right turn land to NH Route 16 NB at the intersection of NH Route 16 and NH Route 109 and rehabilitation of an existing arch pipe that carriers the Branch River south of the intersection, on the basis of a low bid of $387,687. Effective upon G&C approval through October 8, 2004.

#89 Authorized Bureau of Public Works to enter into an agreement with Architechnology, Sanbornton, NH, for professional services for design and construction documents, on-site observation, and inspection services for various Public Work's Projects as necessary and required by the Department, for an amount not to exceed $500,000. Effective upon G&C approval through December 31, 2006.

#90 TUITION REQUESTS
The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek, authorized the requests:

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Salem, NH, the sum of $627.00 for the sole purpose of enrolling Christine Fletcher, Systems Development Specialist, in the course entitled "Introduction to Business Finance".

B. EDUCATION - Request permission to pay New England College, Henniker, NH, the sum of $936.00 for the sole purpose of enrolling Rosanne Curry, Accountant III, in the course entitled "Organizational Management and Leadership".

C. EDUCATION - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $675.00 for the sole purpose of enrolling Lillian Emerson, Grants and Contracts Technician, in the course entitled "American Sign Language I".

D. EDUCATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,254.00 for the sole purpose of enrolling Kathryn G.M. Hodges, Accountant III, in the courses entitled "Introduction to Sociology" and "Financial Policy & Decision Making".

E. EDUCATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $627.00 for the sole purpose of enrolling Ora LeMere, Accounting Technician, in the course entitled "Federal Taxation".

F. INSURANCE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,398.00 for the sole purpose of enrolling Mary Verville, Financial Records Auditor, in the distance learning courses entitled "Cost Accounting II" and "Introduction to Marketing".

G. TRANSPORTATION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $570.00 for the sole purpose of enrolling Steven DuBois, Civil Engineer, in the course entitled "Seminar in Leadership".

H. TRANSPORTATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $628.50 for the sole purpose of enrolling Robin Schofield, Secretary II, in the courses entitled "Intro to Systems Analysis & Design" and "Intro to Operations Management".

#91 TRAVEL REQUESTS
The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding, authorized the requests:

A. FISH & GAME - Request permission for (4) employees, Stephen Perry, Chief Inland Fisheries, Scott Decker, Habitat Biologist, Col Jeffrey Gray, Chief Law Enforcement, and Wayne Saunders, Conservation Officer, or designee, to travel to Ocean City, MD, on April 25 - 28, 2004, to attend the 60th Annual Northeast Fish and Wildlife Conference. Permission is also requested for a waiver to exceed the 300-mile radius by state vehicle. Total Cost: $2,242.15. Source of Funds: 26.27% Federal, 5.8% State, and 67.93% Fish & Game Funds. Registration Fee: $700.00.

B. SAFETY, Division of State Police - Request permission for (1) employee, Trooper Edward Cochrane, or designee, to travel to Salamanca, NY, on May 8 - 13, 2004, to attend the National Police Bloodhound Association Seminar. Permission is also requested for a waiver to exceed the 300-mile radius by state vehicle. Total Cost: $400.00. Source of Funds: 81% Highway and 19% Turnpike Funds. No Registration Fees.

LATE ITEMS

DEPARTMENT OF ENVIRONMENTAL SERVICES
A. Authorized the Department of Environmental Services to accept and expend $45,000 from the US
Geological Survey for Geologic mapping in New Hampshire. Effective upon G&C approval through
September 28, 2004.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
B. Authorized the Office of Community and Public Health, Bureau of Rural Health and Primary Care to enter
into an agreement totaling $539,720 with the Foundation for Healthy Communities, 125 Airport Rd.,
Concord, NH 03301 to provide assistance to BRHPC and rural hospitals, primary care providers and EMS
to create and implement quality improvement initiatives. Effective March 10, 2004 or the date of Governor
and Council approval, whichever is later, through June 30, 2005. Funds are available in Appropriation
#010-090-5149-090-0415.

NEW HAMPSHIRE VETERANS HOME
C. Authorized the New Hampshire Veterans Home to amend an existing contract with Craig S. Walton, Registered Physical Therapist (#75962), which was originally approved by the Governor and Executive Council on June 25, 2003, #433, by extending the price limitations by $5,354.88 from $42,935.04 to $48,289.92 retroactive from January 1,2 004 to June 30, 2004. Funds are available in Account # 010-043-5359-046-0462.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
D. Authorized the New Hampshire Hospital to accept the following non-monetary donations from the Manchester Monarch's Hockey Club, Manchester, NH: Game tickets, Souvenirs and Parking with a value $710.00.

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

The Honorable Board then Adjourned

 

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