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Minutes
July 28, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
July 28, 2004 10:00 a.m.

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

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, accepted the minutes of July 14, 2004 as amended; by changing the term date:

CONFIRMATIONS

Department of Corrections
Commissioner
Stephen J Curry, Manchester Effective: July 14, 2004
Filling Vacancy Term: October 10, 2005
LL/Max $99,317

The Governor and Executive Council, on motion of Councilor Wheeler, seconded by Councilor Wieczorek approved the appointment of several persons nominated for Civil Commissions from the July 14, 2004 meeting.

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

RESIGNATIONS

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

Ballot Law Commission
Stephen M. Duprey, Concord Effective: July 28, 2004

Fire Standards and Training Commission
Federation of Fire Mutual Aid Association
Roger P. Hatfield, Nashua Effective: July 28, 2004

State Commission on the Status of Men
Anthony W. Raymond, Plymouth Effective: July 28, 2004

Advisory Council on Unemployment Compensation
Employers
Katharine Eneguess, Peterborough Effective: July 28, 2004

CONFIRMATIONS

The Governor and Council confirmed the following:

State Committee on Aging
Rockingham County
Darwin C. Farber, Exeter Effective: July 28, 2004
Reappointment Term: June 24, 2007

Economic Development Matching Grants Program
Nominated by NH Association of Commerce and Industry
Dennis Lagueux, Manchester Effective: July 28, 2004
Reappointment Term: September 8, 2006

Community Development Finance Authority
Small Business
Daniel R. Gray, Portsmouth Effective: July 28, 2004
Reappointment Term: July 17, 2009

Lakes Management Advisory Committee
Member of Conservations Commission
Marsha Lavallee-Huntoon, Wakefield Effective: July 28, 2004
Reappointment Term: August 22, 2007

Board of Medicine – Councilor Spaulding and Councilor Griffin voted no.
Paul Scibetta, Thornton Effective: July 28, 2004
Replacing Wassfy M Hanna, Rye Term: April 21, 2009

Board of Mental Health Practice
Marriage and Family Therapist
Joan Staigers Haley, New Boston Effective: August 21, 2004
Replacing Larry J Hansen Term: October 31, 2005

Occupational Therapy Governing Board
Public Member
Jeffrey D. Spill, Dunbarton Effective: July 28, 2004
Reappointment Term: August 18, 2007

Pari-Mutuel Commission
Anthony Urban, Berlin Effective: September 24, 2004
Replacing George Hickman, Madbury Term: September 24, 2007

Postsecondary Education Commission
NH College and University Council
Paul Leblanc, Manchester Effective: July 28, 2004
Replacing Richard Gustafson, Manchester Term: June 30, 2009

Department of Resources and Economic Development
Director of Travel and Tourism Development
Alice L. DeSouza, Bedford Effective: September 10, 2004
Replacing Lauri O. Klefos, Concord Term: March 8, 2008

Telecommunications Planning and Development Advisory Commission
Internet Service Provider
Carol Miller, Gorham Effective: July 28, 2004
Reappointment Term: December 6, 2006

Telecommunications Planning and Development Advisory Commission
Industry Representative
William R. Stafford, Weare Effective: July 28, 2004
Reappointment Term: October 18, 2006

Telecommunications Planning and Development Advisory Commission
Industry Representative
Lisa Thorne, Manchester Effective: July 28, 2004
Reappointment Term: November 9, 2006

Traffic Safety Commission
Henry Bourgeois, Manchester Effective: July 28, 2004
Replacing Donald Anderson Term: September 16, 2008

Transportation Appeals Board
Professional Engineer
H. Edmund Bergeron, North Conway Effective: July 28, 2004
Reappointment Term: April 23, 2007

Water Council
Conservation/Environmental Organization
Barry Lussier, Manchester Effective: July 28, 2004
Replacing David T Funk, Durham Term: August 24, 2008

CONFIRMATIONS FAILED

The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton and with Councilor Burton, Councilor Spaulding, Councilor Griffin, and Councilor Wiezcorek voting no, failed to confirm the following:

New Hampshire Retirement System Board of Trustees
Nominee of State Employees Association
Robert Lyon, Loudon Effective: Upon Confirmation
Replacing Charles Koontz, Hopkinton Term: July 1, 2006

NOMINATIONS

The Governor placed into nomination the following:

Department of Administrative Services
Assistant Commissioner
Thomas E. Martin, Concord Effective: Upon Confirmation
Filling Vacancy Term: June 5, 2005

Department of Administrative Services
Accounting Services Director
Sheri L. Walter, Contoocook Effective: Upon Confirmation
Replacing Thomas Martin, Concord Term: June 29, 2008

Agricultural Advisory Board
Rockingham County
Caroline S. Robinson, Stratham Effective: Upon Confirmation
Reappointment Term: June 19, 2009

Agricultural Lands Preservation Committee
Elwin C. Hardy, Hollis Effective: Upon Confirmation
Reappointment Term: October 10, 2007

Alcohol and Drug Abuse Prevention, Intervention, and Treatment Commission
Public Member
J. Gail Barry, Manchester Effective: Upon Confirmation
Replacing Debra Samaha, Concord Term: October 4, 2007

State Apprenticeship Council
Labor
Denis R. Beaudoin Sr., Pittsfield Effective: Upon Confirmation
Replacing John P Jackson, Dover Term: June 25, 2008

Enhanced 911 Commission
Fire Chiefs Association
Douglas M. Aiken, Center Harbor Effective: Upon Confirmation
Reappointment Term: July 8, 2007

Enhanced 911 Commission
Designee of Chairman of PUC
Kathryn M. Bailey, Bow Effective: Upon Confirmation
Reappointment Term: July 22, 20007

Equalization Standards Board
Experience in Statistics
Colleen C. Brickley, Ashland Effective: Upon Confirmation
Reappointment Term: September 19, 2006

Equalization Standards Board
Public Member
Richard H. Rugg, Greenland Effective: Upon Confirmation
Reappointment Term: September 19, 2006

State Fire Marshall
J. William Degnan, Amherst Effective: Upon Confirmation
Filling Vacancy Term: March 31, 2008
GG Step 2, $65,668

Historical Resources Council
Archeology
Robert Macieski, New Boston Effective: Upon Confirmation
Replacing Peter Haebler, Manchester Term: December 10, 2008

Department of Justice
Deputy Attorney General
Michael A. Delaney, Manchester Effective: Upon Confirmation
Replacing Kelly Ayotte, Nashua Term: March 31, 2007

Land and Community Heritage Authority
Cultural and Historic Resources
William Veillette, Amherst Effective: September 6, 2004
Replacing Alice DeSouza, Bedford Term: September 6, 2008

Milk Sanitation Board
Milk Producer
Gary Peters, Bath Effective: October 11, 2004
Reappointment Term: October 11, 2010

Nursing Board
Certified Nurse Assistant
Brenda L. Howard, Stoddard Effective: October 24, 2004
Reappointment Term: October 24, 2007

Nursing Board
Certified Nurse Assistant
Linda M. Morel, Nottingham Effective: October 24, 2004
Reappointment Term: October 24, 2007

Personnel Appeals Board
Alternate
Philip P. Bonafide, Sanbornton Effective: Upon Confirmation
Reappointment Term: September 24, 2007

Rivers Management Advisory Committee
Representative of Public Water Works
Robert G. Beaurivage, Manchester Effective: Upon Confirmation
Reappointment Term: September 28, 2007

Commission on the Status of Men
Scott A. Garman, Dover Effective: Upon Confirmation
Replacing Anthony Raymond, Plymouth Term: October 23, 2006

Commission on the Status of Women
Marie Metoyer, Manchester Effective: Upon Confirmation
Reappointment Term: October 20, 2007

Commission on the Status of Women
Elizabeth Paine, Plymouth Effective: Upon Confirmation
Reappointment Term: October 20, 2007

Commission on the Status of Women
Jessica N. Stern, Concord Effective: Upon Confirmation
Reappointment Term: October 20, 2007

New Hampshire Superior Court
Marital Master
Anne D. Barber, Bartlett Effective: Upon Confirmation
New Position Term: 3 yrs from confirmation

New Hampshire Superior Court
Marital Master
Philip D. Cross, Cape Neddick, MaineEffective: Upon Confirmation
New Position Term: 3 yrs from confirmation

New Hampshire Superior Court
Marital Master
David S. Forrest, Peterborough Effective: Upon Confirmation
New Position Term: 3 yrs from confirmation

Advisory Council on Unemployment Compensation
Employers
Fred B. Kfoury Jr., Manchester Effective: Upon Confirmation
Replacing Katharine Eneguess, Errol Term: March 26, 2005

OFFICE OF ENERGY AND PLANNING
#1 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton, authorized to enter into a memorandum of agreement with the Department of Fish and Game for the purpose of monitoring the State’s interests in privately owned conservation lands held by Fish and Game, as detailed in letter dated June 24, 2004. (2)Further Authorized to accept and expend $17,800 from Fish and Game to complete the conservation easement monitoring according to the agreement, in conjunction with the monitoring being undertaken through the Conservation Land Stewardship Program. Effective upon G&C approval through June 30, 2005. 100% Other.

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

#2 Authorized to retroactively amend an existing agreement with Merrimack County, Concord, NH, (previously approved by G&C on 11-13-02, item #6), under the Community Development Block Grant program, for the purpose of assisting a private business, by extending the end date from June 30, 2004 to June 30, 2005.

#3 Authorized to enter into an agreement with the Town of Barrington, NH, under the Community Development Block Grant program, for the purpose of assisting a private company in the amount of $700,000. Effective upon G&C approval through June 30, 2007.

#4 Authorized to enter into an agreement with Cheshire County, Keene, NH, under the Community Development Block Grant program, for the purpose of assisting the expansion of a private company in the amount of $440,000. Effective upon G&C approval through June 30, 2006.

#5 Authorized to enter into an agreement with Rockingham County, Brentwood, NH, under the Community Development Block Grant program, for the purpose of assisting the expansion of a private company in the amount of $1,000,000. Effective upon G&C approval through December 31, 2006.

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

#6 Authorized Russell F Morin, Merrimack, NH, be confirmed to the rank of Major, NH Air National Guard.

#7 Authorized John A Gobel, Center Strafford, NH, be confirmed to the rank of Major, NH Army National Guard.

#8 Authorized Nicholas S Adler, Concord, NH, be confirmed to the rank of Major, NH Army National Guard.

#9 Authorized Major Colombe G Cote, Biddeford, ME, be confirmed for appointment to the rank of Major, NH Air National Guard.

#10 Authorized to transfer 49,140 square feet of land at Regional Drive, Concord, NH through fee way acquisition to the City of Concord. A temporary construction easement is also required to construct security fencing along Regional Drive. (2)Further Authorized to grant a right of way easement of 3,605 square feet of land located at Airport Road, Concord, NH, to the City of Concord. A temporary construction easement is also required to construct security fencing along Airport Road.

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

#11 Authorized to appoint Councilor Raymond S Burton as a designee of the Executive Council, to hold a hearing on the proposal for the construction, renovation, and equipment project, and the refinancing of existing indebtedness in connection with Speare Memorial Hospital, Plymouth, NH, detailed in letter dated July 12, 2004.

#12 Authorized a list of agency transfers for Fiscal Year 2004 during the month of June, detailed in letter dated July 1, 2004.

#13 Authorized Salary Adjustment Fund and Employee Benefit Adjustment Fund and in conformance with the Governor and Council action of January 9, 2003, the agency transfers, as detailed in letter dated July 1, 2004, were Authorized for the month of June.

#14 Authorized Working Capital Warrant in the amount of $460,000,000 to cover expenditures for the month of August 2004. (2)Further Authorized Working Capital Warrant reporting expenditures of $337,624,796.89 for the Month of June and recommends the balance of $142,375,203.11 be lapsed.

#15 Authorized to amend a contract with Maximus of Reston, VA, (previously approved by G&C on 6-25-03, item #25, amended on 3-24-04, item #26A), for the planning system documentation and system selection of a statewide Enterprise Resource Planning System, for the purpose of adding a conflict of interest agreement to the existing contract.

#16 Authorized Division of Personnel to enter into an agreement with the NH Technical College System, to provide training and education programs for state and municipal employees, in an amount not to exceed $40,000. Effective September 1, 2004 through June 30, 2005.

#17 Authorized to enter into a contract with GDS Associates Inc., Marietta, GA, to consult and assist with the continuation of the Governor’s Rebuild NH Energy Program, in a total amount not to exceed $45,000. Effective upon G&C approval through June 30, 2005. 100% Federal.

#17A 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 in participation with Proctor Academy, Andover, NH.

TREASURY DEPARTMENT
#18 The Governor and Executive 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 $41,719.10 to the rightful owners of abandoned or unclaimed funds.

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

#19 Authorized Division of Historical Resources to retroactively exercise a lease extension with HKH Associates, Concord, NH, (previously approved by G&C on 10-14-99, item #21), for the provision of 4,100 square feet of space for an archaeological lab at 99 Airport Road, Concord, NH, in the amount of $32,800. Effective July 1, 2004 through June 30, 2006. 60% Federal, 40% General Funds.

#20 Authorized Division of Libraries, to enter into a retroactive agreement with Jason Thibodeau, dba D&J Professional Image, Concord, NH, for cleaning department offices in the amount of $7,080. Effective July 1, 2004 through June 30, 2005 with an option to renew for an additional one year. 100% Federal Funds.

INSURANCE DEPARTMENT
#21 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek, authorized to grant an annual salary increment to Roger Sevigny, Commissioner, effective August 18, 2004, from Group II, step 3, $80,213 to Group II, step 4, $84,670. 100% Other Funds.

ATTORNEY GENERAL
The Governor and Council acted as follows:

#22 Authorized to reappoint as Senior Assistant Attorney General Mark P Hodgdon, for a term effective August 31, 2004 through August 31, 2009.

#23 DENIED – The Governor and Council on motion of Concilor Wiezcorek, seconded by Councilor Wheeler, voted to deny the petition of Chamroeun Koeut requesting a pardon hearing for the offenses of Perjury and Burglary. The petitioner is not eligible for an annulment.

NH DEPARTMENT OF AGRICULTURE, MARKETS & FOOD
#24 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, authorized to accept and place on file the Pesticides Training Program Annual Report.

NH BOARD OF ACCOUNTANCY
#25 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized to pay travel FY 04 expenses totaling $964.56 as detailed in letter dated July 14, 2004, out of FY 2005 funds, as travel vouchers were submitted late by this agency.

DEPARTMENT OF LABOR
The Governor and Council acted as follows:

#26 Authorized to pay retroactive travel expenses for Dennis E Murphy, in the amount of $528, for FY 2004 out of FY 2005 funds, as the travel voucher was not processed in FY 2004.

#27 Authorized to accept and expend federal funds for $467,588 from the federal US Department of Labor’s Senior Community Services Employment Program, to be used to support a project to provide gainful , part-time community service employment, training opportunities, and unsubsidized employment for persons with low income who are 55 years old or older. (2)Further Authorized to enter into a contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, as a grant recipient under the Senior Community Services Employment Program in an amount not to exceed $451,649 to implement the project above. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

NH COMMISSION FOR HUMAN RIGHTS
#28 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized to host and conduct a one-day conference at the Center of NH/Holiday Inn, Manchester, NH, scheduled for October 13, 2004, entitled “NH: Welcoming Diversity and Its Benefits” at a cost not to exceed $9,173.84. (2)Further Authorized to accept and expend funds in support of this conference above, totaling $9,173.84 and summarized as detailed in letter dated July 14, 2004. (3)Further Authorized to enter into a contract with Radisson Hotel Manchester at the Center of NH, Manchester, NH, for necessary conference facilities and food services for the one-day conference as part of the cost above, in an amount not to exceed $5,648.84. (4)Further Authorized to expend funds in support of the conference above, totaling $3,510 as detailed in letter dated July 14, 2004. 100% Other Funds.

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#29 Authorized to enter into memorandums of agreement with the NH Community Technical College System and the NH Department of Education, Division of Adult Learning and Rehabilitation for the purpose of sharing in the cost of operation and administration of the agency’s thirteen One-Stop Job and Information Centers, in the estimated annual amounts of $37,879 and $86,581 for an annual total of $124,460. Effective retroactively from July 1, 2004 through June 30, 2009. (2)Further Authorized to accept and expend the portion of these funds, in the annual amount of $48,390, which exceed the amount budgeted through the legislative biennium budge process for FY 2005 and in the amount of $124,460 for FY 2006 through FY 2009. 100% Other Funds (Agency Transfers).

#30 Authorized to enter into a service agreement with Creative Labor Systems, Inc., to provide janitorial services for NHES’s Keene Local Office, for an agreement total of $25,164. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#31 Authorized to enter into a service agreement with Morin’s Landscaping for landscaping maintenance and lawn care services at NHES’s Nashua Local Office, for an agreement total of $28,947. Effective upon G&C approval through October 31, 2006. 100% Federal Funds.

#32 Authorized to enter into a service agreement with ASA Cleaning Co. Inc., to provide janitorial services for the NHES Concord Local and Administrative Offices, for an agreement total of $83,700. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:

#33 Authorized retroactive payment of wages and benefits to Stan Bailey in the amount of $3,576.24 for performing duties as Acting Farm Manager without an increase in compensation for the period of April 1, 2003 to December 1, 2003. 100% General Funds.

#34 Authorized retroactive payment of wages and benefits to Herve Bergeron in the amount of $609.69 due to an incorrect assigned increment date, for the period January 13, 2002 to January 18, 2004. 100% General Funds.

#35 Authorized to enter into a contract with the Skyline Roofing Inc., for roof repair services at NH State Prison for Women in Goffstown, NH, in the amount of $28,500. Effective upon G&C approval through June 30, 2005. 100% General Funds.

#36 Authorized to enter into a contract with Utility Service and Assistance, Inc., Hooksett, NH, for replacement of electrical bushings and elbows on a transformer at the NH State Prison for Men, in the amount of $10,320. Effective upon G&C approval through June 30, 2005. 100% General Funds.

#37 Authorized to enter into a contract with Concord Fire Extinguisher Service of Concord, NH, for portable fire extinguisher and range guard maintenance, inspection, testing and recharging for the Department of Corrections facilities, in the amount of $16,502.50. Effective August 1, 2004 through August 1, 2006 and has the option to renew for an additional period of two years. 100% General Funds.

#38 Authorized to enter into a contract with Ray’s Electric, Berlin, NH, for the replacement of three electrical conductors at the Northern NH Correctional Facility, in the amount of $16,229.43. Effective upon G&C approval through June 30, 2005. 100% General Funds.

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

#39 Authorized Design, Development, and Maintenance to enter into a contract with Dufrene-Henry, Inc., Manchester, NH, for design of grid power and fiber optic systems for the summit facilities, Mount Washington State Park, Sargent’s Purchase, NH, in the amount of $309,900. Effective upon G&C approval through December 31, 2005. 100% Capital.

#40 Authorized Division of Forests and Lands to accept and expend $10,500 from the United States Department of Homeland Security under the Emergency Preparedness and Response Directorate’s FY 03 Assistance to Firefighters – Fire Prevention and Safety Program. Effective upon G&C approval through April 22, 2005. 100% Federal Funds.

#41 Authorized Divisions of Forests and Lands to enter into a memorandum of agreement with the Department of Resources and Economic Development, for the purpose of updating the NH Natural Heritage rare species and exemplary natural community database and to complete habitat mapping and modeling for the Comprehensive State Wildlife Plan, in the amount of $89,000. (2)Further Authorized to accept and expend funds received from Fish and Game in support of the above memorandum in the amount of $89,000. Effective upon G&C approval through June 30, 2005. 100% Other.

#42 Authorized Trails Bureau to accept and expend federal funds of $606,962 from the US Department of Transportation, Federal Highway Administration for the Recreational Trails Program, as detailed in letter dated July 12, 2004. Effective through September 30, 2007.

#43 Authorized to enter into an agreement with the New England Ski Areas Council, Lebanon, NH, for SnoCountry Ski Conditions reports and pay annual membership dues for the 2004/2005 ski season in the amount of $7,693.46. 100% Other.

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

#44 Authorized to reclassify position #13913, LG 27, Administrator III, to Administrator II, LG 29. Effective retroactive to July 9, 2004. (2)Further Authorized to reclassify position #18313, LG 11, Stock Clerk III, to a Supervisor I, LG 19. Effective retroactive to July 9, 2004.

#45 Authorized to accept a $7,500 donation from the Meredith Rotary Club.

#46 Authorized to accept and expend an additional $263,500 in state wildlife grant funds received from the US Fish and Wildlife Services to continue work on Statewide Comprehensive Wildlife Plan through June 30, 2005.

#47 Authorized to accept and expend additional State Wildlife Service under grant T-3-L for the purchase of a conservation easement in the amount of $170,171. Effective upon G&C approval through August 31, 2004. (2)Further Authorized to purchase a conservation easement on 101 acres of land in the towns of Randolph and Gorham, NH from the Robert C Potter Trust, the purchase price of the easement is $246,000 with NH Fish and Game contributing $170,000 in State Wildlife Grant funding; the remaining funds will be provided by the Land Community Heritage Investment Program, totaling $65,000, and private donations totaling $11,000 through the Trust for Public Lands.

#48 Authorized to enter into a sole source contract with The Audubon Society of NH, for monitoring and conservation planning for endangered, threatened, and special concern avian wildlife in NH, for a total of $169,779. Effective upon G&C approval through July 31, 2005. 100% Other.

#49 Authorized to enter into a sole source Cooperative Project Agreement with the University of NH, to develop a conservation plan to guide the long-term conservation of selected habitats and wildlife species. Effective upon G&C approval through September 30, 2005. 100% Fish and Game.

#50 Authorized to enter into an Off Highway Recreational Vehicle Law Enforcement contract with the Fremont Police Department, to conduct two instructor training classes for ATV Rider Training, for a total of $8,000. Effective upon G&C approval through June 30, 2005.

#51 Authorized to enter into a participation agreement with The Outdoor Channel acknowledging the intent to participate along with other agencies and partners in the productions of a new television series, Fish & Wildlife Journal. (2)Further Authorized The Outdoor Channel to use the Department logo in this program and promotion efforts pertaining thereto.

#52 Authorized to enter into a memorandum of understanding with the NH Lakes Association for a volunteer “Lake Host” program that educates boaters regarding the accidental spread of invasive aquatic species and their control. Effective upon G&C approval through December 31, 2004.

#53 Authorized to accept a donation with an estimated value of $4,500 from James Solerno of Pelham, NH, owner of Mack Studs, Inc., for snowmobile traction devices to enhance the capabilities of Conservation Officers while operating department issued snowmobiles for enforcement and search and rescue operations.

#54 TABLED – The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek, and with Councilor Spaulding and Councilor Griffin voting no – voted to table the request to enter into a contract with Mark Damian Duda & Associates, Inc., Harrisonburg, VA, for the purpose of implementing a Big Game Population Preference Survey in order to quantify resident opinions, concerns and desires regarding bear, moose, turkey and deer populations and their management in NH, in the amount of $20,000. Effective upon G&C approval through October 31, 2004.

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

#55 Authorized to budget and expend prior year carry forward funds, as detailed in letter dated July 12, 2004, for additional costs related to the new Pease Lease in the amount of $54,000 for FY 2005. 100% Fee Funds.

#56 Authorized to enter into an agreement with Northeast Laboratory Services, Waterville, ME, for bio-solids analysis, in the amount of $7,704. Effective upon G&C approval through June 30, 2007. 100% Other.

#57 Authorized to enter into a contract with Nobis Engineering, Inc., Concord, NH, to perform site investigation, and remediation services at contaminated sites, in the amount of $120,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#58 Authorized to enter into a contract with Metcalf and Eddy, Manchester, NH, for professional engineering services associated with conducting a study to determine the feasibility of a regional outfall that will collect the effluent from the municipal wastewater treatment facilities in the coast and discharging the effluent into the Atlantic Ocean, in the amount of $1,000,000. Effective upon G&C approval through July 26, 2006. 100% Capital, Estuary Wastewater Project Study.

#59 Authorized to enter into a contract with GZA GeoEnvironmental, Inc., Manchester, NH, to perform site investigation, and remediation services at contaminated sites, in the amount of $120,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#60 Authorized to enter into a grant in aid agreement with the Town of Gilmanton, NH, for the closure of the Town of Gilmanton’s Unlined Municipal Landfill, in an amount not to exceed $80,411.91. Effective upon G&C approval. 100% General Funds.

#61 Authorized to enter into a grant in aid agreement with the Town of Salem, NH, for closure of the Town of Salem’s Demolition Debris/Bulky Waste and Former Unlined Municipal Landfill in an amount not to exceed $185,018.27. Effective upon G&C approval. 100% General Funds.

#62 Authorized to award a Local Source Water Protection grant to the Hanover Water Works, Hanover, NH, to complete a project to develop watershed maps to protect the system’s drinking water supply sources, in the amount of $15,000. (2)Further Authorized to award a Local Source Water protection grant to the Manchester Water Works, Manchester, NH, to complete a project to expand the existing youth education program, in the amount of $10,187. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#63 Authorized to award a Used Oil grant to the Town of Hinsdale, NH, for the purpose of improving and operating their Used Oil Collection Center, for $2,500. Effective upon G&C approval through June 23, 2005. 100% Other.

#64 Authorized to award a Household Hazardous Waste grant to the City of Dover, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $8,079.40. (2)Further Authorized to award a Household Hazardous Waste grant to the City of Portsmouth, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $5,027.20. (3)Further Authorized to award a Household Hazardous Waste grant to the Upper Valley Lake Sunapee Regional Planning Commission, Lebanon, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $10,268. Effective upon G&C approval through December 31, 2004. 100% Other.

#65 Authorized to award a Household Hazardous Waste grant to the Town of Londonderry, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $8,350. (2)Further Authorized to award a Household Hazardous Waste grant to the Town of Salem, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $5,779.60. (3)Further Authorized to award a Household Hazardous Waste grant to the City of Keene, NH, for the purpose of conducting a household hazardous waste collection project, for an amount not to exceed $11,809.80. Effective upon G&C approval through December 31, 2004. 100% Other.

#66 Authorized Richard Kay’s request to amend a permit, (previously approved by G&C on 11-13-02), to include an in walkway connecting a cantilevered pier and piling pier on property located at Lake Winnipesaukee in Alton.

#67 Authorized Marc Bourgeois Trustee, Bourgeois Revocable Trust’s request to construct a piling dock connected to an existing piling pier by a walkway connected to an existing piling pier by a second existing walkway in a “W” shape, covered with an existing canopy, attached to an existing breakwater, and install two fender pilings on frontage on property located at Governor’s Island on Lake Winnipesaukee in Gilford.

#68 Authorized with Councilor Spaulding voting no, Robert Purdy’s request to excavate bank to construct a dug in boat basin consisting of three permanent piers in a “W” configuration, dredge from lakebed to provide access to the boat basin on property located on Lake Winnipesaukee in Alton.

#68A Authorized Ronald Chaput’s request to remove two 3-slip, U shaped docking facilities, dredge lakebed, fill to construct breakwater, in a dogleg configuration with a cantilevered pier connected to a piling pier by a walkway in an “F” configuration, construct a piling pier connected to a piling pier by a walkway in an “H” configuration on frontage on property located on Governors Island at Lake Winnipesaukee in Gilford.

#69 Authorized to enter into a sole source lease agreement with the Pease Development Authority, for the purpose of leasing office space in Portsmouth, NH, in the amount of $667,692. Effective August 1, 2004 through June 30, 2009.

STATE BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS
#70 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, authorized to enter into a retroactive short-term holdover amendment with McCarthy Properties, to satisfy continued rental obligations until the Plumber Board’s new location is ready for occupancy, by extending the lease expiration date of July 12, 2004 by one month, expiring August 13, 2004.

NH BOARD OF NURSING
#71 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, authorized to amend its current lease to provide a retroactive three month hold-over agreement for office space with their current Landlord, Gerald P McCarthy Properties, Concord, NH, at a total cost of $8,130.81. Effective July 1, 2004 through September 30, 2004. 70% General, 30% Other Funds.

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

Office of Medicaid Business and Policy
#72 Authorized to amend a sole source agreement with Bi-State Primary Care Association, Concord, NH, (previously approved by G&C on 1-7-04, item #80), to provide oral health professional recruitment services, by increasing the price limitation by $89,000 from $180,000 to $269,000. Effective upon G&C approval through June 30, 2005. 50% General, 50% Federal Funds.

Division of Public Health Services
#73 Authorized Rural Health & Primary Care Program to enter into an agreement with Patricia Boisvert, PA, Berwick, ME, for physician assistant loan repayment, for an amount not to exceed $15,000. Effective upon G&C approval through June 30, 2006. 100% General Funds.

#74 Authorized Bureau of Radiological Health to enter into an agreement with Philtechnics, Ltd., Oak Ridge, TN, for the packaging and removal of radioactive waste, in an amount not to exceed $18,170. Effective upon G&C approval through December 31, 2004. 100% Other Funds.

Office of Administration
#75 Authorized to enter into a lease agreement with the City of Dover, NH, for space, in the amount of $13,740. Effective retroactive to July 1, 2004 and to end twelve months thereafter. 60% General, 40% Federal Funds.

#76-79 NOT USED

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

#81 Authorized to compensate Rosemary Nitz, a Nurse Specialist in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#82 Authorized to reclassify position #16095 from level of Resident Services Supervisor, salary grade 25 to the level of Registered Nurse III, salary grade 23.

#83 NOT USED

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#84 Authorized Division of Fire Standards/EMS to enter into a $15,000 contract with Rudolph Electrical Co. Inc., Concord, NH, to perform miscellaneous electrical services, as needed at the Fire Academy. Effective upon G&C approval through June 30, 2005.

#85 Authorized grant agreements between Division of Fire Safety and Emergency Management, Bureau of Emergency Management and the communities/organizations as detailed in letter dated June 28, 2004, for a total amount of $303,216.40, for activities associated with enhancing local all-hazard planning. Effective upon G&C approval through September 30, 2004.

#86 Authorized Division of Fire Standards/EMS to amend an existing sole source contract with North Country Health Consortium of Littleton, NH, to provide additional training in the use of defibrillators in the North Country, by increasing the contract from $25,246 to $36,800.40, an increase of $11,554.40. 100% Federal.

#87 Authorized Division of Fire Standards/EMS to enter into a $13,375 snow plowing contract with Tasker Landscaping of Loudon, NH. Effective upon G&C approval through June 30, 2005. 100% Revolving.

#88 Authorized Division of Fire Standards/EMS to enter into a contract with Transformer Services Inc., Concord, NH, to provide annual Transformer Maintenance at the Academy, in the amount of $16,145. Effective upon G&C approval through June 30, 2005. 100% Revolving.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#89 Authorized to grand funds to Rivier College, Nashua, NH, for the purpose of assisting middle school teachers in the Nashua School District without the necessary mathematics and science certification, in a total amount not to exceed $20,000. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#90 Authorized to grant funds to Plymouth State University, Plymouth, NH, for the purpose of actively recruiting high school seniors and students from the Community and Technical Colleges by awarding scholarships to incoming first-year students/college transfer students planning to major in mathematics education and provide support to in-service mathematics teachers, in a total amount not to exceed $20,000. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#91 Authorized to grant funds to the NH Community Technical Institute, Concord, NH, for the purpose of developing an innovative program for career changers and Alternative IV and V candidates to become mathematics or science teachers, in a total amount not to exceed $20,000. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#92 NOT USED

#93 Authorized Division of Program Support to amend a contract with Bernard R Davis, Contoocook, NH, (previously approved by G&C on 6-12-02, item #123, amended on 4-16-03, item #10, amended on 10-22-03, item #78), to assist in the administration of grants to local school districts under the federal school renovation/IDEA/Technology Grant Program, by extending the termination date from September 30, 2004 to March 30, 2005. No Cost.

NH COMMUNITY TECHNICAL COLLEGE SYSTEM
The Governor and Council acted as follows:

#94 Authorized Nashua to enter into a contract with Andruskevich Photography, Nashua, NH, for the purpose of providing photography services at various events throughout the academic year, in the amount of $4,500. Effective upon G&C approval through June 30, 2005. 63% Other, 37% General Funds.

#94A Authorized Concord to enter into a contract with Airborne Graphics, Franklin, NH, for the purpose of refinishing and adding graphics to gym floor, in an amount not to exceed $4,680. Effective upon G&C approval through August 23, 2004.

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#95 Authorized to accept and place on file the Bureau of Right-of-Way’s Contemplated Award List for the period of June 26, 2004 through July 8, 2004.

#96 Authorized Bureau of Finance and Contracts to pay Small Claims submitted for the period of July, 2004 to September, 2004.

#97 Authorized the State Aid Construction Program for Class I, II, and III Highways using a cost share of 2 parts State – 1 part municipal funds for State Fiscal Year 2005 is approved as required by RSA 235:10, detailed in letter dated July 1, 2004.

#98 Authorized Bureau of Right of Way to sell a 275 square foot parcel of State owned land to Douglas O’Mara for $1,000, which includes an Administrative Fee of $500.

#99 Authorized Bureau of Right of Way to sell 0.3 of an acre parcel of State owned land to the City of Concord for $33,500.

#100 Authorized Bureau of Rail & Transit to enter into a lease agreement with the Town of Littleton, NH, for land on the State owned Berlin Branch railroad corridor in Littleton for $100 per year for ten years and negotiable for an additional ten year period.

#101 Authorized Division of Aeronautics to accept federal funds in the amount of $134,900 for this AIP-17 project to update the airport master plan, and complete a Storm Water Pollution Prevention Plan. (2)Further Authorized state participation in the amount of $3,550 to be matched with federal funds $134,900 and local funds $3,550 resulting in a total of $142,000 for this city of Concord, NH project.

#102 Authorized Division of Aeronautics to accept federal funds in the amount of $96,900 for this AIP-28 project for the design of a residential sound insulation system. (2)Further Authorized state participation in the amount of $5,100 to be matched with federal funds $96,900 resulting in a total of $102,000 for this Pease Development Authority.

#103 Authorized Division of Aeronautics to accept federal funds in the amount of $94,983 for this AIP-14 project to design the reconstruction, marking, and lighting of Runway 18-36, and to conduct a feasibility study for an instrument landing system to Runway 18 Berlin Airport, Milan, NH. (2)Further Authorized state participation in the amount of $2,499.55 to be matched with federal funds $94,983 and Local funds $2,499.55, total of $99,982.10 for the Berlin Airport project.

#104 Authorized the Construction Bureau to amend a contract with E.D. Swett Inc., Concord, NH, (previously approved by G&C on 4-16-03, item #119), for construction of the NH 111 bypass bridge over Harris Rd and Flatrock Brook, by increasing the amount by $290,000 from $8,023,933.87 to $8,313,933.87.

#105 Authorized Bureau of Highway Maintenance contract with Wragg Brothers Well Drilling Company, on the basis of a low bid of $16,975, for a drilled well and pump for Robert Brooks, Bedford, NH. Effective upon G&C approval.

#106 Authorized Bureau of Construction contract with Evroks Corporation, Winnisquam, NH, on the basis of a low bid of $248,163.20 for installing new emergency reference market signs northbound and southbound along the right side of F.E. Everett Turnpike, Interstate 93 and Interstate 293. Effective upon G&C approval through November 12, 2004.

#107 Authorized Bureau of Construction contract with Frank W Whitcomb Construction Corp., Walpole, NH, on the basis of a low bid of $2,02,122.15, for construction to NH Routes 12 and 63 in the Town of Westmoreland, which sustained flood damage and were temporarily repaired following the severe rainstorm events that occurred in August of 2003. Effective upon G&C approval through November 18, 2005.

#108 Authorized Bureau of Construction contract with New England Signal Systems Inc., Northwood, NH, on the basis of a low bid of $205,891, for replacing the existing signal system including new mast arms, control cabinet, fire preemption, pull boxes and conduit located a the US Route 3 intersection with Route 28A. Effective upon G&C approval through May 13, 2005.

#109 Authorized Bureau of Construction contract with D.R. Key, Corporation, Lebanon, NH, on the basis of a low bid of $358,079.50, for constructing paved bicycle, and pedestrian pathways in the City of Lebanon and Town of Hanover. Effective upon G&C approval through October 15, 2004.

#110 Authorized Bureau of Construction contract with NES Traffic Safety, LP, Avon, MA, on the basis of a low bid of $612,648, for installing new emergency reference mark signs northbound/southbound, and eastbound/westbound along various roads throughout the state. Effective upon G&C approval through June 10, 2005.

#111 Authorized Bureau of Public Works to enter into an agreement with ATC Associates Inc., Manchester, NH, for professional services for design, construction documents, on-site observation, and inspection for environmental/geological services for various Public Works’ projects as necessary and required by the Department, in an amount not to exceed $300,000. Effective upon G&C approval through December 31, 2006.

#112 Authorized Bureau of Public Works to enter into a contract with Hampshire Fire Protection Company Inc., Londonderry, NH, for a lump sum price of $43,595 to update sprinkler systems, various buildings, Glencliff Home for the Elderly, Benton, NH.

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

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $648.00 for the sole purpose of enrolling Andrea Stickney, Technical Support Specialist, in the course entitled "Human Relations in Administration".

B. EDUCATION - Request permission to pay Argosy University, Plymouth, NH, the sum of $1,830.00 for the sole purpose of enrolling Cathy Higgins, Educational Technology Consultant II, in the course entitled "The Adult Learner".

C. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $900.00 for the sole purpose of enrolling Dexter Dragon, Water Pollution Sanitarian I, in the course entitled "Field Description of Soils".

D. INSURANCE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $720.00 for the sole purpose of enrolling Mary Verville, Financial Records Auditor, in the distance learning course entitled "Institutional Accounting".

E. JOINT BOARD - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $474.00 for the sole purpose of enrolling Karen Gray, License Clerk, in the course entitled "PC Applications".

F. JOINT BOARD - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $632.00 for the sole purpose of enrolling Julie Levesque, Senior Accounting Technician, in the course entitled "Intermediate Accounting I".

G. TRANSPORTATION - Request permission to pay the University of Massachusetts, Lowell, MA, the sum of $612.24 for the sole purpose of enrolling Ashok Kakadia, Civil Engineer II, in the course entitled "Behavior of Structures".

#114 TRAVEL REQUESTS
The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek, Authorized the requests:

A. BANKING - Request permission for (1) employee, Troy Neff, Bank Examiner III, or designee, to travel to Arlington, VA on August 1 - 6, 2004, to attend the Real Estate Appraisal Review. Permission is also requested for a waiver to exceed the 300-mile radius by private vehicle. Total Cost: $589.00. Source of Funds: 100% Other-Exam/Assessment Funds. No Registration Fees.

B. NH LOTTERY - Request permission for (2) employees, Helen Flanagan, Lottery Representative II, and Lisa Nadeau, Lottery Representative II, or designee, to travel to Springfield, MA on September 16 - October 4, 2004, to supervise the sales of Instant, Powerball, Pick 3/Pick 4, Tri-State Megabucks, Heads or Tails, and Hot Lotto tickets at the Eastern States Exposition. ALSO A CASH ADVANCE OF $2,000.00 IS REQUESTED FOR Helen Flanagan and ALSO A CASH ADVANCE OF $2,000.00 IS REQUESTED FOR Lisa Nadeau. Total Cost: $4,000.00. Source of Funds: 100% Sweepstakes Funds. No Registration Fees.

LATE ITEMS

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Community & Public Health
A. Authorized DPHS and the Department of Safety to enter into an agreement with Greater Derry Community Health Services Inc., Derry, NH to provide a plan for responding to bioterrorism, totaling $300,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

B. Authorized OCPH and the Department of Safety to enter into an agreement with Health First Family Care Center, Franklin, NH to provide a plan for responding to bioterrorism and develop an environmental tracking program, totaling $347,145. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

C. Authorized DPHS and the Department of Safety to enter into an agreement with Mascoma Valley Health Initiative, Canaan, NH to provide a plan for responding to bioterrorism, totaling $150,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

D. Authorized OCPH and the Department of Safety to enter into an agreement with North Country Health Consortium, Littleton, NH to provide a plan for responding to bioterrorism, totaling $600,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

E. Authorized OCPH and the Department of Safety to enter into an agreement with Cheshire Medical Center, Cheshire Public Health Network, Keene, NH to provide a plan for responding to bioterrorism, totaling $150,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

F. Authorized OCPH and the Department of Safety to enter into an agreement with Wentworth-Douglass Hospital, Dover, NH to provide a plan for responding to bioterrorism, totaling $150,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

G. Authorized DPHS and the Department of Safety to enter into an agreement with the City of Portsmouth, NH to provide a plan for responding to bioterrorism, totaling $300,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective December 1, 2004 through June 30, 2006. 100% Federal Funds.

H. Authorized DPHS and the Department of Safety to enter into an agreement with Northern Strafford County Health and Safety Council, Rochester, NH to provide a plan for responding to bioterrorism, totaling $150,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

I. Authorized OCPH and the Department of Safety to enter into an agreement with Concord Hospital, Inc., Concord, NH to provide a plan for responding to bioterrorism, totaling $150,000. (2)Further Authorized an advance payment in SFY 2005, not to exceed 25% of the agreement amount for initial startup costs for projects within the agreement. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

DEPARTMENT OF ENVIRONMENTAL SERVICES
J. Authorized to approve Governor’s Island Club Inc.’s request to fill 2,240 sq ft to construct two 70 ft long groins to retain sand along 871 ft of frontage on property located at Governors Island on Lake Winnipesaukee in Gilford. This project does not conflict with Governor and Council Policy.

DEPARTMENT OF TRANSPORTATION
K. Authorized Construction Bureau to amend a contract with R.S. Audley Inc., Bow, NH, (previously approved by G&C on 3-6-02, item #89, amended on 3-24-04, item #F), for uninformed officers, price adjustments for asphalt cement, gasoline and diesel, additional rock excavation and additional paving for the City of Claremont, by increasing the amount by $120,000 from $6,094,768.15 to $6,214,768.15. (2)Further authorize referenced contract encumbrance to $6,214,768.15 to address additional area of existing poor quality pavement and additional price adjustments for specified petroleum based contract items for reconstruction of Washington Street.

L. Authorized Construction Bureau to amend a contract with R.S. Audley Inc., Bow, NH, (previously approved by G&C on 12-17-03, item #114), by increasing the amount by $200,000 from $7,458,727.47 to $7,658,727.47. (2)Further authorize to increase referenced contract encumbrance to $7,658,727.47 for reconstruction and widening of Kilton Road/Bedford Mall intersection and runs southerly along US 3, to just south of the NH 101 WB off ramp/Macy’s intersection.

Next Governor and Executive Council meeting is scheduled for Wednesday, August 18, 2004 at 10:00 a.m. at The Meetinghouse at Jaffrey Center, Jaffrey, NH.

The Honorable Board then Adjourned

 

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