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Minutes
September 25, 2002
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
September 25, 2002 10:30 a.m.

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

The Governor and Executive Council, on motion of Councilor Burton seconded by Councilor Griffin, accepted the minutes of September 4, 2002.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wheeler, confirmed the appointment of several persons nominated for Civil Commissions from the September 4, 2002 meeting.

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

RESIGNATIONS

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

AIR RESOURCES COUNCIL
Muriel Lajoie, Bennington
Manufacturing
Effective: Upon acceptance of resignation

JUDICIAL COUNCIL
Lynn Mather, Etna
Lay person
Effective: Upon acceptance of resignation

WORKER'S COMPENSATION ADVISORY COUNCIL
Ronald Charland, Manchester
Labor
Effective: Upon acceptance of resignation

CONFIRMATIONS

The Governor and Executive Council confirmed the following:

REAL ESTATE COMMISSION
Barbara Heath, Hampton
Non-broker
Reappointment
Effective: September 25, 2002
Term: September 15, 2007

COMMISSION ON THE STATUS OF MEN
Stephen H. Gorin, Canterbury
University System of NH Representative
Vacancy
Effective: September 25, 2002
Term: September 25, 2003

STATE COMMITTEE ON AGING
Violet P. Constant (i), Concord
Merrimack County
Succeeding: Thaddeus E. Klemarczyk, (r) Exeter
Effective: September 25, 2002
Term: June 24, 2005

COMMISSION ON THE STATUS OF MEN
Joseph H. Mastromarino, MD, Hampton
Vice-Chair
Vacancy
Effective: September 25, 2002
Term: September 25, 2005

AIR RESOURCES COUNCIL
Charles Niebling, Boscawen
Environmental Interests
Succeeding: Julian Zelazny, New Hampton (resigned)
Effective: September 25, 2002
Term: October 24, 2005

PARI-MUTUEL COMMISSION
Lynn M. Presby, Freedom
Greyhound Racing Interests
Reappointment
Effective: September 25, 2002
Term: September 17, 2005

FULL-TIME JUSTICE: CONCORD DISTRICT COURT
Susan B. Carbon, Pittsfield
Pursuant to RSA 491-A:3
Effective: September 25, 2002
Term: Until 70 years of age

BOARD OF REGISTRATION OF PODIATRISTS
Wayne C. Gould, DPM, Rollinsford
Succeeding: Howard S. Wagenberg, Nashua (reached term limit)
Effective: September 25, 2002
Term: June 3, 2007

INDOOR AIR QUALITY AND FIRE SAFETY IN PUBLIC BUILDINGS STUDY COMMITTEE
John Latsha, Manchester
Public Member
Vacancy
Effective: September 25, 2002
Term: November 1, 2002

BOARD OF REGISTRATION OF PODIATRISTS
Kenneth R. Limburg, DPM, New London
Succeeding: Brian R. Fradette, Bedford (reached term limit)
Effective: September 25, 2002
Term: August 25, 2007

BOARD OF LICENSURE FOR INTERPRETERS FOR THE DEAF AND HARD OF HEARING
Julia Barnwell Emley, Concord
National Level Licensee
Succeeding: Peg Capers, Newmarket (resigned)
Effective: September 25, 2002
Term: October 10, 2003

DIVISION OF PORTS AND HARBORS ADVISORY COUNCIL
Diane Terragni, Dunbarton
Succeeding: John Colliander, Hampton Falls (resigned)
Effective: September 25, 2002
Term: December 16, 2007

LAKES MANAGEMENT ADVISORY COMMITTEE
Paul W. Goodwin, Gilford
Marine Dealers Association
Succeeding: Jeffrey P. Thurston, Sr. Gilford
Effective: September 25, 2002
Term: August 22, 2005

ACTING COMMISSIONER OF THE DEPARTMENT OF REVENUE ADMINISTRATION
Barbara T. Reid, Concord
Succeeding: Stanley Arnold, Concord (resigned)
Effective: September 30, 2002
Term: To serve at the pleasure of the governor and Council Salary: Grade LL - $97,370

NEW HAMPSHIRE LAND AND COMMUNITY HERITAGE AUTHORITY
A. Bradford Wyman, West Dummer
Local Planning
Reappointment
Effective: September 25, 2002
Term: September 6, 2006

RIVERS MANAGEMENT ADVISORY COMMITTEE
Thomas W. Sutton, Jr., Lincoln
Rep. NH Municipal Association
Succeeding: James P. Bassett, Canterbury
Effective: September 25, 2002
Term: November 16, 2005

NEW HAMPSHIRE LAND AND COMMUNITY HERITAGE AUTHORITY
Elizabeth Durfee Hengen, Concord
Municipal
Reappointment
Effective: September 25, 2002
Term: September 6, 2006

COMMISSION ON THE STATUS OF MEN
Larry Colby, Gilsum
Treasurer
Vacancy
Effective: September 25, 2002
Term: September 25, 2005

COMMISSION ON THE STATUS OF MEN
Ronald Blankenstein, Manchester
Secretary
Vacancy
Effective: September 25, 2002
Term: September 25, 2004

COMPENSATION APPEALS BOARD
David J. Rogers, Hooksett
Attorney
Reappointment
Effective: September 25, 2002
Term: September 16, 2005

NOMINATIONS

The Governor and Council nominated the following:

EMERGENCY SHELTER AND HOMELESS
COORDINATION COMMISSION

Harold Acres, Nashua
Reappointment
Effective: Upon confirmation
Term: August 26, 2004

BOARD OF PROFESSIONAL GEOLOGISTS
John E. Cotton, East Andover
Reappointment
Effective: Upon confirmation
Term: October 4, 2007

EMERGENCY SHELTER AND HOMELESS COORDINATION COMMISSION
Eleanor H. Amidon, Hancock
Reappointment
Effective: Upon confirmation
Term: August 26, 2004

STATE LIBRARY ADVISORY COUNCIL
Frances M. Wiggin (d), Bedford
Succeeding: Shirley Gray Adamovich,
Durham (r) (reached term limit)
Effective: Upon confirmation
Term: July 26, 2005

EMERGENCY SHELTER AND HOMELESS COORDINATION COMMISSION
Helen C. Cohen, Kensington
Reappointment
Effective: Upon confirmation
Term: August 26, 2004

COMMISSION ON THE STATUS OF MEN
Neal Boutin, Concord
Chair
Vacancy
Effective: Upon confirmation
Term: Three years from date of confirmation

EMERGENCY SHELTER AND HOMELESS COORDINATION COMMISSION
Maria Skaperdas, Manchester
Reappointment
Effective: Upon confirmation
Term: August 26, 2004

DEPARTMENT OF TRANSPORTATION: DIRECTOR OF AERONAUTICS
Jack W. Ferns, Pembroke
Nominated by the Commissioner of the Department of Transportation
Reappointment
Effective: Upon confirmation
Term: August 20, 2006

ADULT PAROLE BOARD
Amy Vorenberg, Concord
Reappointment
Effective: Upon confirmation
Term: September 29, 2007

EMERGENCY SHELTER AND HOMELESS COORDINATION COMMISSION
Sharon Drake, Loudon
Reappointment
Effective: Upon Confirmation
Term: August 26, 2004

DEPARTMENT OF CULTURAL RESOURCES: DIVISION OF HISTORICAL RESOURCES DIRECTOR
James McConaha, Concord
Reappointment
Effective: October 14, 2002
Term: October 14, 2006
Salary: Group DD/max - $61,740

ENHANCED 911 COMMISSION
David E. Lang, Hampton
Firefighter
Reappointment
Effective: Upon confirmation
Term: September 16, 2005

OFFICE OF STATE PLANNING

The Governor and Council acted as follows:

#1 Authorized agreement with North Country Council, Bethlehem, NH in the amount of $25,000 for program development of the White Mountain Trail/Kancamagus National Byways under the provisions of Federal Highway Administration, effective upon G&C approval through September 30, 2003.
(2) Further authorized to advance North Country Council $6,250.

1A Authorized the Office of State Planning, Governor's Recycling Program to conduct a one day conference on October 30, 2002 at the Center of New Hampshire, Manchester, NH in order to assist municipal officials with development and expansion of their recycling programs, in an amount not to exceed $8,500.
(2) Further authorized to accept and expend funds received as registration fee charged to participants to help defray conference expenses, as specified in letter dated September 25, 2002.

#2 Authorized to amend agreement with Granite State Designers and Installers Association, Concord, NH (originally approved at G&C meeting of 3-6-02 item #7), increasing the amount by $800 for a new total of $10,500 to allow to print additional educational materials, as specified in letter dated August 26, 2002.

#3 Authorized to amend sole source agreement with Garrand and Company, Portland, ME (originally approved at G&C meeting of 5-15-02 item #12), increasing the amount by $20,753 for a new total of $40,253 and extending the end date from September 30, 2002 to December 31, 2002 to further enhance New Hampshire Estuaries Project public relations, as specified in letter dated August 29, 2002.

3A Authorized agreement with Forest One Inc., Evanston, IL in the amount of $8,500 for a remote sensing project, as specified in letter dated September 9, 2002 and effective upon G&C approval through December 31, 2002.

3B Authorized agreement with the Town of Wolfeboro, NH in the amount of $30,000 under the provisions of the Community Development Block Grant Program, effective upon G&C approval through December 31, 2003.

3C Authorized to amend agreement with Lobdell Associates Inc., Landaff, NH (originally approved at G&C meeting of 3-20-02 item #3), by extending the end date from October 31, 2002 to December 31, 2002 to assist the towns with preparation of materials for public hearings, as specified in letter dated September 10, 2002. No additional funds involved.

GOVERNOR'S OFFICE OF ENERGY AND COMMUNITY SERVICES

The Governor and Council acted as follows:

#4 Authorized to amend sole source contract with Systematic Solutions, Inc., Fairborn, OH (originally approved at G&C meeting of 11-7-01 item #16), increasing the amount from $90,000 to an amount not to exceed $125,000 for expanding the Scope of Work in regards to the State Energy Plan for New Hampshire, as specified in letter dated September 10, 2002.

#5 Authorized contract with the Manchester Health Department in an amount not to exceed $30,000 in federal funds to provide services as required by the medical screening protocol for newly arriving refugees, retroactive to July 1, 2002 through June 30, 2003.

#6 ITEM NOT USED.

#7 ITEM NOT USED.

#8 Authorized contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $398,242.
(2) Further authorized an advance to subgrantee in the amount of $66,374 to enable the program to operate between monthly reimbursements from the State.

#9 Authorized contract with Strafford County Community Action Committee, Inc., Dover, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $332,829.
(2) Further authorized an advance to subgrantee in the amount of $55,472 to enable the program to operate between monthly reimbursements from the State.

#10 Authorized contract with Rockingham Community Action, Inc., Portsmouth, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $445,790.
(2) Further authorized an advance to subgrantee in the amount of $74,298 to enable the program to operate between monthly reimbursements from the State.

#11 Authorized contract with Tri-County Community Action Program, Inc., Berlin, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $551,834.
(2) Further authorized an advance to subgrantee in the amount of $91,972 to enable the program to operate between monthly reimbursements from the State.

#12 Authorized contract with Southern New Hampshire Services, Inc., Manchester, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $803,113.
(2) Further authorized an advance to subgrantee in the amount of $133,852 to enable the program to operate between monthly reimbursements from the State.

#13 Authorized contract with Southwestern Community Services, Inc., Keene, NH as a grant recipient under the Community Services Block Grant during the period October 1, 2002 to September 30, 2003, in an amount not to exceed $349,831.
(2) Further authorized an advance to subgrantee in the amount of $58,305 to enable the program to operate between monthly reimbursements from the State.

#14 Authorized contract with Rockingham County Community Action, Inc., Portsmouth, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective upon G&C approval through March 31, 2003 in an amount not to exceed $39,700.

#15 Authorized contract with Tri-County Community Action Program, Inc., Berlin, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective upon G&C approval through March 31, 2003 in an amount not to exceed $62,385.

#16 Authorized contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective upon G&C approval through March 31, 2003 in an amount not to exceed $50,058.

#17 Authorized contract with Southwestern Community Services, Inc., Keene, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective upon G&C approval through March 31, 2003 in an amount not to exceed $38,550.

#18 Authorized contract with Southwestern Community Services, Inc., Keene, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $1,365,725.

#19 Authorized contract with Rockingham Community Action, Inc., Portsmouth, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $1,166,515.

#20 Authorized contract with Tri-County Community Action Program, Inc., Berlin, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $2,416,007.

#21 Authorized contract with Strafford County Community Action Committee, Inc., Dover, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $931,206.60.

#22 Authorized contract with Southern New Hampshire Services, Inc., Manchester, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $3,000,424.

#23 Authorized contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Fuel Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $2,008,692.

#24 Authorized contract with Strafford County Community Action Committee, Inc., Dover, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $34,237.

#25 Authorized contract with Community Services, Inc., Manchester, NH as a grant recipient under the Low Income Home Energy Assistance Program for the Weatherization Assistance Program, effective October 1, 2002 through September 30, 2003 in an amount not to exceed $75,070.

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#26 Resolved to nominate for promotion to the rank of Lieutenant Colonel, New Hampshire Air National Guard: Major Paul D. Sorli, Portsmouth, NH.

#26A Authorized to establish a Mail Clerk II, SG 9 position effective upon G&C approval through June 30, 2003 with 100% federal funds. Fiscal Committee approved.
(2) Further authorized to accept and expend additional federal funds (National Guard Bureau), in the amount of $31,802.74 in support of the above noted position, effective upon G&C approval.

#27 Resolved to nominate for promotion to the rank of Major, New Hampshire Army National Guard: Captain John J. Coughlin, Mont Vernon, NH.

#28 Resolved to confirm to the rank of Lieutenant Colonel, New Hampshire Air National Guard: Major James S. Castle, Portsmouth, NH.

#29 Authorized contract with Marin Environmental, Inc., Bow, NH in the amount of $9,930 to perform Soil and Groundwater Sampling/Analysis & Reporting at the Somersworth Organizational Maintenance Shop, as specified in letter dated September 6, 2002 and effective upon G&C approval through September 30, 2003.

#30 Authorized contract with M & W Soils Engineering, Inc., Charlestown, NH in the amount of $33,850 to perform the "Environmental Services for Statewide Groundwater Monitoring Well Decommissioning and Upgrade Project" at: Center Strafford, Concord, Hillsborough, Lebanon, Littleton and Somersworth; as specified in letter dated September 6, 2002 and effective upon G&C approval through September 20, 2003.

#31 Authorized agreement with Independent Archaeological Consulting, LLC, Portsmouth, NH in an amount not to exceed $79,847.07 to perform an Archaeological Planning Level Survey, Phase 1, at National Guard sites statewide, effective upon G&C approval through February 15, 2003.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#32 Authorized Bureau of Purchase and Property to enter into statewide agreements with the vendors listed in Attachment A of letter dated September 11, 2002 effective the date of G&C approval; as well as grant permission to implement these agreements under an approved process. These agreements have a six year term, ending June 30, 2005 contingent upon performance reviews to occur every two years.

#33 Authorized contract with Lead Source, Dover, NH in an amount not to exceed $6,400 for removal of Asbestos-Containing Material from Londergan Hall, 101 Pleasant Street in Concord, NH, effective August 15, 2002 and end on August 18, 2002.

#34 Authorized Working Capital Warrant No. 03-04 in the amount of $430,000,000 to cover expenditures for the Month of October, 2002. Further authorized acceptance of Working Capital Warrant No. 03-02 reporting expenditures of $345,663,862.79 for the Month of August and lapse the balance of $44,336,137.21.

#35 Authorized to amend contract with Johnson Controls, Inc., Manchester, NH (originally approved at G&C meeting of 6-6-01), increasing the total contract amount from $234,891 to $271,640 for maintenance and service of mechanical equipment as specified in letter dated August 29, 2002. Amendment will begin October 1, 2002 and end June 30, 2004.

#36 Authorized Bureau of Court Facilities to pay SimplexGrinnell, Nashua, NH invoice in an amount of $1,468.50 for labor and parts provided at the Hillsborough County Superior Court-South, as specified in letter dated August 8, 2002.

#37 Authorized to accept and place on file Informational Item: report containing list of vendors that agencies have contracted with for the period of April 1, 2002 through June 30, 2002.

#38 Authorized contract with G4 Communications Corporation, Manchester, NH with an approximate annual value of $250,000 for Calling Card and Inter-LATA- Services, effective upon G&C approval through October 9, 2007.

TREASURY DEPARTMENT

#39 The Governor and Council on motion by Councilor Wieczorek, seconded by Councilor Burton, authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the total amount of $14,696.13 as specified in letter dated September 12, 2002.

DEPARTMENT OF JUSTICE

The Governor and Council acted as follows:

#40 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, with Councilor Wheeler voting NO, authorized to conduct a conference at the Mount Washington Hotel on October 24 and 25, 2002 entitled the Tenth Annual Conference on Child Abuse and Neglect at a total cost not to exceed $32,326.10 in federal funds. As specified in letter dated September 12, 2002:
(2) Further authorized agreement with Mount Washington Hotel in an amount not to exceed $19,826.10 (included in total cost), for conference facilities and food services, effective upon G&C approval through February 28, 2003;
(3) Further authorized to expend funds (included in total costs), in the amount of $1,500 for printing expenses and $1,050 for mailing and supplies, effective upon G&C approval through February 28, 2003;
(4) Further authorized to expend $3,250 (included in total costs), for travel and airfare for presenters;
(5) Further authorized to expend $3,700 (included in total costs), in speaking fees for presenters,
(6) Further authorized contract with Peter Collins, Ontario, Canada in an amount not to exceed $3,350 (included in total costs), for workshop preparation and presentations at the Tenth Annual Conference on Child Abuse and Neglect, effective upon G&C approval through December 31, 2002.

#41 Authorized to accept and expend a grant in the amount of $3,187,000 from the Federal Domestic Preparedness Office to provide equipment as specified in letter dated September 9, 2002 and effective upon G&C approval through June 30, 2004.

#42 Authorized to enter into subgrant with the Hillsborough County Department of Corrections in the amount of $4,000 retroactive from February 1, 2002 until September 30, 2002 to be used to interface software system with livescan terminal as specified in letter dated September 11, 2002.

#43 Authorized two subgrants from the 2001 Byrne Formula Grant Program , effective September 25, 2002 with: the Gorham Police Department in the amount of $1,182 to continue a Drug Abuse Resistance Education program through June 30, 2003; and with Carroll County Mediation Services in the amount of $21,948 to continue a juvenile diversion program through September 30, 2003.

#44 DENIED The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Griffin, DENIED the petition of Joseph Silvia requesting a pardon hearing for the offense of Operating After Certification as Habitual Offender.

#45 DENIED The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, DENIED the petition of Ecaterina C. Svet requesting a pardon hearing for the offense of Simple Assault.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Executive Council acted as follows:

#46 Authorized the Division of Travel and Tourism Development to extend full-time, temporary, Position #8T071 Program Specialist III beyond the one year anniversary date of full-time employment, as specified in letter dated August 15, 2002.

#46A Authorized the Division of Travel and Tourism Development agreement for public relations services with Travel Marketing Experts of Toronto, Ontario, Canada in an amount not to exceed $$25,000 effective upon G&C approval through June 30,2003.

#47 Authorized Division of Economic Development retroactive, sole source Memorandum of Understanding (MOA), with New Hampshire Employment Security (NHES), Concord, NH in the amount of $6,600 for providing on-site services to dislocated workers of Sanmina in Derry, from August 12, 2002 through September 30, 2002.
(2) Further authorized NHES to retroactively accept and expend funds in accordance with the MOA for the described services for the period from August 12, 2002 through September 30, 2002.

#48 Authorized Division of Forests and Lands to accept an allotment of Federal funds in the amount of $13,000 in US Fish and Wildlife Service Endangered and Threatened Plant Species funds for the period ending April 30, 2003.
(2) Further authorized sole source agreement with The Nature Conservancy in an amount not to exceed $11,521 for studies pertinent to the "New Hampshire Native Plant Protection Act", effective upon G&C approval through April 30, 2003 and Further authorized to make an initial payment of $2,500 on September 30, 2003 to cover immediate expenses and expenses to be made by the Nature Conservancy.

#49 Authorized Division of Forests and Lands to enter into an Ice Storm Community Forestry Grant with the Town of Randolph in the amount of $24,000 to perform work related to the ice storm of January 1998; as specified in letter dated September 3, 2002 and effective upon G&C approval through June 30, 2003.

#50 Authorized Trails Bureau to enter into Recreational Trails Program grant with Sta-North Economic Development, Strafford, NH in the amount of $6,214 to assist with the organization with funds for trail maintenance in Dixville Notch, effective upon G&C approval through September 30, 2003.

#51 Authorized the Division of Parks and Recreation contract with Paragon Construction, Inc., Orford, NH on the basis of low bid of $303,000 for the replacement of the septic system at Cannon Mt./Peabody Ski Area, Franconia State Park, Franconia, NH effective upon G&C approval through November 15, 2002.
(2) Further authorized a contingency in the amount of $10,000 be approved for payment of latent conditions that may appear during execution of the project.

#52 Authorized agreement with the Division of Parks and Recreation, Cannon Mountain to renew membership for the 2002-2003 season with the White Mountains Attractions Association, Woodstock, NH in the amount of $7,500; Further authorized to participate in a co-op promotional program in an amount not to exceed $16,000; and brochure distribution not to exceed $3,600. Total not to exceed $27,100 as specified in letter dated September 4, 2002.

#52A Authorized agreement with the Division of Parks and Recreation to renew membership with White Mountains Attractions Association in the amount of $7,500. Further authorized to participate in a co-op promotional program in an amount not to exceed $11,000. Total not to exceed $18,500 as specified in letter dated September 3, 2002.

#53 Authorized Design, Development and Maintenance Division contract with Presby Construction, Inc., Sugar Hill, NH on the basis of low bid of $61,150 for the construction of the Brookside Drive Extension, Cannon Mt. Ski Area, Franconia Notch State Park, Franconia, NH effective upon G&C approval through November 1, 2002.
(2) Further authorized a contingency in the amount of $6,115 be approved for payment of latent conditions that may appear during execution of the project.

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

The Governor and Council acted as follows:

#54 Authorized the Division of Animal Industry to accept and expend grant funds from the USDA Animal and Plant Health Inspection Service in the amount of $61,875 for assisting in increasing surveillance and response capabilities for locating and diagnosing foreign animal diseases, effective upon G&C approval through August 12, 2003.

#54A Authorized the Division of Plant Industry to amend a grant received (previously authorized at G&C meeting of 8-14-02 item #45), from the USDA Animal and Plant Health Inspection Service to assist the state in implementing operation and measures for the control and eradication of plant diseases and noxious weeds. The amendment requests authority to reallocate funds between expenditure classes as specified in letter dated September 6, 2002.

STATE CONSERVATION COMMITTEE

The Governor and Council acted as follows:

#55 Authorized to enter into a grant with the Merrimack County Conservation District, Concord, NH in the amount of $4,975 to implement agricultural best management practices, stormwater control and demonstrate options at Marston's Dairy Farm in Pittsfield, NH effective upon G&C approval through June 30, 2003.

#56 Authorized to enter into a grant with the Cheshire County Conservation District, Walpole, NH in the amount of $8,281 to provide education and funding opportunities for properties that are already protected with public funding or under municipal ownership in Cheshire County, effective upon G&C approval through June 30, 2003.

#57 Authorized to enter into a grant with the Merrimack County Conservation District, Concord, NH in the amount of $4,935 to develop a conservation plan and design a trail and boardwalk at the Hopkinton Independent School, effective upon G&C approval through June 30, 2003.

NEW HAMPSHIRE RETIREMENT SYSTEM

#58 The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding, authorized the reclassification of position #13745 from SG 20, Field Auditor to SG 20, Retirement Councilor as specified in letter dated August 27, 2002.

DEPARTMENT OF CULTURAL RESOURCES

#59 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler authorized State Council on Arts to grant FY 2003 Individual Artist Fellowship Awards in the amount of $30,000 as specified in letter dated August 7, 2002 and effective upon G&C approval.

EMPLOYMENT SECURITY

The Governor and Council acted as follows:

#60 AMENDED Authorized service agreement with New Hampshire Fire Protection Co., Inc., in an amount not to exceed $6,750 (from existing federal funds), annually for a total price not to exceed $20,250 for a three year period for mechanical sprinkler testing and repairs. The Governor and Council, on motion of Councilor Spaulding, seconded by Councilor Griffin, AMENDED to reflect end contract date of June 30, 2005; contract effective upon G&C approval.

#61 Authorized service agreement with Rod Pearl & Sons, in the amount of $15,500 for renovations at the Laconia office as specified in letter dated September 9, 2002 and effective upon G&C approval through December 31, 2002.

#62 Authorized service agreement with the Melanson Co., Inc., in the amount of $16,100 for roofing replacement at the administrative offices at Manchester, NH effective upon G&C approval through November 30, 2002.

#63 Authorized service agreement with Arcomm Communications Corp., in an amount not to exceed $15,000 in the initial period ending June 30, 2003 and $10,000 annually in the following two years ending June 30, 2005 with an agreement limitation of $35,000 effective upon G&C approval through June 30, 2005 for telephone system services at offices statewide.

LIQUOR COMMISSION

The Governor and Council acted as follows:

#64 Authorized to amend contract with Johnson Controls, Lynnfield, MA (originally approved at G&C meeting of 8-22-02 item #111), increasing the amount by $29,400 to $44,150 for providing continued maintenance and service of heating and air conditioning system for administrative offices and warehouse on 50 Storrs Street in Concord and extending the end date retroactively from June 30, 2002 to June 30, 2004.

#64A Authorized to expend $80,000 from the Relocation/Rehabilitation Fund, effective July 1, 2002 to be used specifically for the relocation of New Hampshire State Liquor Stores throughout the State. Retroactive. Fiscal Committee approved.

#65 Authorized contract with Scherbon Consolidated Incorporated, Amesburg, MA with a price limitation of $6,090 for providing emergency generator maintenance as specified in letter dated August 28, 2002 and effective retroactive from September 1, 2002 through August 31, 2005.

BOARD OF VETERINARY MEDICINE

#66 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler, authorized to accept and place on file the Board of Veterinary Medicine Annual Report.

DEPARTMENT OF CORRECTIONS

The Governor and Council acted as follows:

#67 Authorized to accept and expend a grant from the John Bickford Foundation of Concord, NH in the amount of $5,000 to provide inmates financial assistance with tuition and books for beginning or continuing their post-secondary education, effective upon G&C approval.

#68 Authorized contract with NH Coalition Against Domestic & Sexual Violence in the amount of $4,500 to fund one full-time advocate from the AmeriCorps Victim Assistance Program, effective retroactive from September 1, 2002 through August 29, 2003.
(2) Further authorized to reimburse the AmeriCorps member directly for travel expenses incurred in an amount not to exceed $483 as specified in letter dated September 1, 2002.

FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#69 Authorized to accept and expend $130,000 of Federal Aid in Sport Fish Restoration funds, effective upon G&C approval through June 30, 2003 for hatchery improvements.

#70 Authorized contract with Lynne Emerson Monroe, d/b/a Preservation Company, Kensington, NH for up to $8,353.65 to provide a completed NH Division of Historical Resources Project Area Form of the Bearcamp River Dam II (Phase I, $3,912.50) and a photographic recordation of the removal of the Bearcamp River Dam II (Phase II, $4,441.15), effective upon G&C approval through December 31, 2003.

#71 Authorized contract with Wells Excavators, Colebrook, NH in the amount of $15,500 for septic system repair at the Berlin Fish Hatchery, effective upon G&C approval through November 30, 2002.

ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#72 Authorized Waste Management Division to assign vehicles to the individuals as specified in letter dated August 7, 2002 to be used for the Oil Spill Response Program to respond to oil spills and complaints, effective upon G&C approval through July 31, 2003.

#72A The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton, with Councilor Wheeler voting NO, authorized to establish a full-time Environmentalist II position; a full-time Program Specialist I position; and continue an Environmentalist I position through June 30, 2003, not September 30, 2003. Fiscal Committee amended and approved.

#72B Authorized to transfer $25,000 between classes as specified in letter dated September 18, 2002. Fiscal Committee approved.

#73 Authorized Water Resources Council to accept and expend the amount of $242,950 (in FY 2003), in unallocated water user fees under the provisions of RSA 481:3 and as specified in letter dated September 4, 2002.

#74 Authorized grant agreement with the Applehurst Dairy, Epping, NH in the amount of $36,665 to control barnyard runoff from entering the Lamprey River, effective upon G&C approval through December 31, 2002.
(2) Further authorized to provide a $12,000 payment upon G&C approval.

#75 Authorized Memorandum of Agreement with the Department of Fish & Game in the amount of $40,000 to assess the impact of land-use practices on wetland functions and values, effective upon G&C approval through September 30, 2005.

#76 Authorized Memorandum of Agreement with the Department of Resources and Economic Development in the amount of $60,000 to develop an ecological classification system, effective upon G&C approval through September 30, 2005.

#77 Authorized to continue sole source maintenance agreement with Millipore Corporation, Bedford, MA in the amount of $12,381.98 effective upon G&C approval through August 31, 2004.
(2) Further authorized to provide a $12,381.98 payment upon G&C approval. Retroactive.

#78 Authorized to award a Household Hazardous Waste grant to the Town of Londonderry, NH for an amount not to exceed $7,000 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#79 Authorized to award a Household Hazardous Waste grant to the City of Rochester, NH for an amount not to exceed $12,159.60 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#80 Authorized to award a Household Hazardous Waste grant to the Town of Plaistow, NH for an amount not to exceed $7,536.60 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#81 Authorized to award a Household Hazardous Waste grant to the City of Dover, NH for an amount not to exceed $7,475.60 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#82 Authorized to retroactively award a Household Hazardous Waste grant to the Town of Salem, NH for an amount not to exceed $5,622.40 for conducting a household hazardous waste collection project, effective from September 7, 2002 through January 15, 2003.

#83 Authorized to retroactively award a Household Hazardous Waste grant to the Upper Valley Lake Sunapee Regional Planning Commission, Lebanon, NH for an amount not to exceed $9,176 for conducting a household hazardous waste collection project, effective from August 24, 2002 through January 15, 2003.

#84 Authorized to retroactively award a Household Hazardous Waste grant to the Nashua Regional Planning Commission, Nashua, NH for an amount not to exceed $40,234 for conducting a household hazardous waste collection project, effective August 3, 2002 through January 15, 2003.

#85 Authorized to award a Household Hazardous Waste grant to the City of Portsmouth, NH for an amount not to exceed $4,953.40 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#86 Authorized to award a Household Hazardous Waste grant to the Pemi-baker Solid Waste district, Bethlehem, NH for an amount not to exceed $5,489.20 for conducting a household hazardous waste collection project, effective upon G&C approval through January 15, 2003.

#87 Authorized grant agreement with the City of Portsmouth, NH in the amount of $40,230 for storm drainage system mapping, effective upon G&C approval through December 31, 2003.

#88 Authorized loan agreement with the City of Manchester, NH in the amount of $4,330,000 from the State Water Pollution Control Revolving Fund Program to continue improvements to the city's CSO program, as specified in letter dated September 3, 2002 and effective upon G&C approval.

#89 Authorized to amend loan agreement with the Town of Durham, NH increasing the amount by $2,407,000 to $3,357,000 from the State Water Pollution Control Revolving Fund Program for upgrading the Town's WWTP, as specified in letter dated August 26, 2002 and effective upon G&C approval.

DEVELOPMENT DISABILITIES COUNCIL

#90 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton, authorized (through the Department of Health and Human Services), to amend contract with StoreyManseau LLC, Hopkinton, NH (originally approved at G&C meeting of 9-19-01 item #182), extending the contract to November 30, 2002 and making a minor change in the Scope of Services, as specified in letter dated July 1, 2002.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

#91 Authorized the Division for Child, Youth, and Families to reclassify fourteen positions that are currently vacant to assist in the implementation and monitoring of the Eric L. Consent Decree to comply with pre-placement and placement review procedures, as specified in letter dated September 4, 2002.

#91A The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton, with Councilor Wheeler voting NO, authorized the Division of Family Assistance; Division for Children, Youth and Families; and Division for Juvenile Justice Services to reclassify Case Technician Trainee, Case Technician I and Case Technician II positions; SG 12, 14 and 16 to SG 13, 15, and 17; and change the classification titles to Family Services Specialist for DFA Case Technicians and Fiscal Specialist for the DCYF and DJJS Case Technician positions. The majority of these positions are filled.

#91B Authorized to accept and expend $11,689,775.10 in federal Medicaid funds; $11,678,097 in private funds; and transfer unrestricted revenue funds in the amount of $11,689,775.10; and accept and expend an additional 11,689,775.10 in federal Medicaid funds, as specified in letter dated September 18, 2002 and effective upon G&C approval through June 30, 2003. Fiscal Committee approved.

Office of Community and Public Health

#92 Authorized Bureau of Emergency Preparedness and Response Memorandum of Understanding in the amount of $137,800 in federal funds for bioterrorism preparedness planning with the Department of Safety, Office of the State Fire Marshal, as specified in letter dated August 1, 2002 and effective upon G&C approval through June 30, 2004.

#93 Authorized Bureau of Maternal and Child Health to reimburse Benjamin Wood, MPH, for relocation expenses of up to $3,000 based on actual expenses incurred, effective upon approval. Retroactive.

#94 Authorized Division of Chronic Disease Prevention contract with JSI Research and Training Institute, Inc., d/b/a/ Community Health Institute, Concord, NH in a total amount of $634,692 to deliver targeted tobacco cessation services, effective upon G&C approval through June 30, 2004.

#95 Authorized Bureau of Health Risk Assessment to amend agreement with The Way Home, Manchester, NH (originally approved at G&C meeting of 6-20-01 item #120), increasing the amount from $23,500 to $47,000 and extending the end date retroactive to July 1, 2002 through June 30, 2003 to provide lead poisoning services.

#96 Authorized Chronic Disease Prevention to amend agreement with the City of Manchester Health Department, Manchester, NH (originally approved at G&C meeting of 5-9-01 item #124), increasing the amount by $28,525 to $58,525 and extending the end date retroactive to July 1, 2002 through June 30, 2003 to continue a tobacco intervention program.

#97 Authorized Bureau of Maternal and Child Health to amend agreement with Child and Family Services of Manchester, NH (originally approved at G&C meeting of 5-23-01 item #80), increasing the amount by $100,000 to $$289,815 and effective upon G&C approval through June 30, 2003 for the Home Visiting Program.

Division of Elderly & Adult Services

#98 Authorized agreement with Manchester Housing & Redevelopment Authority, Manchester, NH in an not exceed $136,702 to provide Congregate Housing Services for period October 1, 2002 through September 20, 2003.

#99 Authorized agreement with Manchester Housing & Redevelopment Authority, Manchester, NH in an amount not to exceed $161,182 to provide Congregate Housing Services for the period October 1, 2002 through September 30, 2002.

#100 Authorized agreement with Keene Housing Authority, Keene, NH in an amount not to exceed $95,373 to provide Congregate Housing Services for the period October 1, 2002 through Sept 30, 2003.

#101 Authorized agreement with Laconia Housing & Redevelopment Authority, Laconia, NH in an amount not to exceed $83,065 to provide Congregate Housing Services for the period October 1, 2002 through September 30, 2003.

Division of Family Assistance

#102 Authorized to amend agreement with Familystrength, Concord, NH increasing the price limitation by $80,841.25 to $384,467.25 and extending the end date from June 30, 2002 to September 30, 2002 effective retroactive to July 1, 2002 to provide in-home counseling.

New Hampshire Hospital

#103 Authorized agreement with Harbor Homes, Nashua, NH in an amount not to exceed $39,000 to provide mental health services effective upon G&C approval through June 30, 2003.
(2) Further authorized an advance payment up to a maximum of one-twelfth of the contract limitation.

103A Authorized the New Hampshire Hospital and the Division of Behavioral Health to accept and expend revenue from the operation of the Hospital Cafeteria in the amount of $300,000 for SFY-03, effective upon G&C approval through June 30, 2003. Fiscal Committee approved.

#104 Authorized to amend sole source agreement with Whole Village Family Resource Center, Plymouth, NH (originally approved at G&C meeting of 7-5-01 item #92), increasing the amount by $166,068.53 to $322,137.06 and extending the end date from May 31, 2002 to June 30, 2003 to develop community based coalitions to promote science-based youth alcohol and drug abuse prevention planning and intervention strategies, retroactive to June 1, 2002 through June 30, 2003.

#105 Authorized to amend sole source agreement with SAU

#65, New London, NH (originally approved at G&C meeting of 7-25-01 item #119), increasing the amount by $96,032.13 to $192,064.26 and extending the end date from May 31, 2002 to June 30, 2003 to develop community based coalitions to promote science-based youth alcohol and drug abuse prevention planning and intervention strategies, retroactive to June 1, 2002 through June 30, 2003.

#106 Authorized agreement with SAU #35, Littleton, NH in an amount not to exceed $47,425 to provide student assistance programming, effective upon G&C approval through June 30, 2003.

#107 Authorized to amend sole source agreement with Alliance for Community Supports, Inc., Manchester, NH (originally approved at G&C meeting of 7-5-01 item #93), increasing the price by $113,669.91 to $227,339.82 and extending the end date from May 31, 2002 to June 30, 2003 to develop community based intervention strategies, effective retroactive to June 1, 2002 through June 30, 2003.

Division for Children, Youth and Families

#108 Authorized to amend agreement with NFI North, Inc., Concord, NH (originally approved at G&C meeting of 6-6-01 item #113 and 10-24-01 item #92), increasing the amount by $40,000 to $1,372,973 to provide training and assessment services, effective upon G&C approval through June 30, 2003.

#109 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, with Councilor Wheeler voting NO, Authorized agreement with the Claremont School District, Claremont, NH in an amount not to exceed $30,000 for Child Care Resource and Referral services, effective upon G&C approval through June 30, 2003.

Division of Child Support Services

#109A Authorized the Division of Child Support Services to accept and expend $66,514 in child support incentive funds and $129,244 in federal funds; establish one Supervisor IV position; three child support Officer positions; one Case Technician II position; one Secretary II position; one Program Support Specialist II position; and one Child Support Officer position; effective upon G&C approval through June 30, 2003 and as specified in letter dated September 18, 2002. Fiscal Committee approved.

Division for Juvenile Justice Services

#110 Authorized to award the City of Keene, NH a Juvenile Accountability Incentive Block Grant in the amount of $21,037 for funding the Earn-It Program, effective October 1, 2002 through September 30, 2003.

#110A The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, with Councilor Wheeler voting NO, Authorized to reclassify position #12393 from Program Specialist I, SG 19 to Administrator III, SG 31. This position is currently vacant.

#110B Authorized agreement with Lavallee Brensinger Professional Association, Manchester, NH in an amount not to exceed $2,530,496 and a contingency of $69,504 for a total of $2,600,000 for the provision of professional services required for an architecturally secure facility, as specified in letter dated September 11, 2002 and effective retroactive to June 1, 2002 through June 30, 2004.

#110C Authorized to accept and expend $900,000 in federal funds awarded by from the NH Department of Justice for juvenile facilities, effective upon G&C approval through June 30, 2003 and as specified in letter dated September 18, 2002. Fiscal Committee approved.

#111 Authorized contract with Gerard Skruck, DDS, in the amount of $25,000 for dental services, effective retroactive from July 1, 2002 to June 30, 2004.

#112 Authorized to renew contract with Marcosa J. Santiago, M.D., in the amount of $62,400 for psychiatric services retroactive from July 1, 2002 through June 30, 2004.

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#113 Authorized to accept and expend additional grant funds from the US Department of Education in the amount of $407,023.81 to assist schools in statewide education reform and school improvement during the current fiscal year ending June 30, 2003.

#113A Authorized to establish a full-time temporary Education Consultant I, LG 26 position, effective upon G&C approval through June 30, 2003. Fiscal Committee approved.
(2) Further authorized to accept and expend grant funds from the US Department of Education in the amount of $1,522,706 to provide expanded learning opportunities outside of regular school hours to students during the year ending June 30, 2003.

#113B Authorized to establish an Education Consultant III, LG 28 position, effective upon G&C approval through June 30, 2003. Fiscal Committee approved.
(2) Further authorized to accept and expend grant funds from the US Department of Education in the amount of $93,457 for the NAEP assessments under the "No Child Left Behind Legislation" during the year ending June 30, 2003.

#114 Authorized to accept and expend additional grant funds in the amount of $39,737 from the US Department of Education to assist school districts and institutions of higher education in developing highly qualified teachers during the fiscal year ending June 30, 2003. 17-15

#115 Authorized to accept and expend grant funds in the amount of $27,966 from the US Department of Education to improve instruction and achievement in eligible districts during the year ending June 30, 2003.

#116 Authorized to budget and expend carryforward grant funds from the US Department of Education in the amount of $29,526 to provide services to immigrant children who are limited English proficient during the fiscal year ending June 30, 2003.

#117 Authorized to budget and expend carryforward funds from the US Department of Education in the amount of $1,224,492.36 to improve teacher quality in New Hampshire schools during the fiscal year ending June 30, 2003.
(2) Further authorized to accept and expend additional grant funds from the US Department of Education in the amount of $10,890,660.04 during the current fiscal year ending June 30, 2003.

#118 Authorized contract with Kathleen J. Mackin, Rye, NH, sole proprietor, in an amount not to exceed $13,946.05 to prepare the Title II report for the program year 2002-2003 as well as prepare data on teacher certification and employment, effective upon G&C approval through June 30, 2003.
(2) Further authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the contract.

#119 Authorized to grant funds to the North Country Education Foundation, Gorham, NH in an amount not to exceed $237,991.61 to provide tutorial services to those who qualify for special education services and who are incarcerated in various correctional facilities, effective upon G&C approval through June 30, 2003.

#120 Authorized to grant funds to the College for Lifelong Learning, University of New Hampshire, Office of Sponsored research in an amount not to exceed $191,970 to improve the educational outcomes for children and youth in New Hampshire in effect from September 15, 2002 through September 15, 2003.

#121 Authorized to exercise renewal option and grant funds to the North Country Education Foundation, Gorham, NH in an amount not to exceed $116,000 to provide targeted migrant population with supplemental support , as specified in letter dated September 9, 2002 and effective October 1, 2002 through September 30, 2003.

#122 Authorized to renew contract with New England Micrographics, Manchester, NH (originally approved at G&C meeting of 1-9-02 item #82), in an amount not to exceed $22,472 to archive federal records by scanning onto CD-ROM, effective upon G&C approval through June 30, 2003.

COMMUNITY TECHNICAL COLLEGE SYSTEM

The Governor and Council acted as follows:

#123 Authorized to retroactively accept and expend funds from the Department of Education for the Carl D. Perkins Program Improvements grant in the amount of $1,016,670.18 for the program period of September 1, 2002 to November 30, 2003.

#124 Authorized to retroactively amend previously approved item #109 of the October 24, 2001 Governor and Council meeting, by extending the grant end date from August 31, 2002 to August 31, 2003 for the "Funds for the Improvement of Postsecondary Education Grant" from the US Department of Education, as specified in letter dated September 6, 2002.

#125 Authorized Stratham/Pease Campus to retroactively amend previously approved item #61 of the January 23, 2002 Governor and Council meeting, by extending the grant end date from August 31, 2002 to December 31, 2002 for the "Bio-Link Grant", as specified in letter dated September 6, 2002.

#126 Authorized to retroactively amend previously approved item #194A of the September 19, 2001 Governor and Council meeting, by extending the grant end date from August 31, 2002 to August 31, 2003 for the "TRIO Grant", as specified in letter dated September 6, 2002.

POSTSECONDARY EDUCATION COMMISSION

#127 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wheeler, authorized to accept and expend additional Federal grant funds in the amount of $216,365 from the US Department of Education for providing grants to college students , effective upon G&C approval through June 30, 2003.

POLICE STANDARDS & TRAINING COUNCIL

The Governor and Council acted as follows:

#128 Authorized sole source service agreement with Crawford Polygraph Services of Center Harbor, NH in a total cost of $10,500 to present three 5-day sessions of "Interview and Interrogation" to in-service police officers at the New Hampshire Police Standards & Training Facility in Concord, NH as specified in letter dated August 21, 2002.

#129 Authorized service agreement with the New Hampshire State Police to provide Troopers to serve as cadre for the 129th , 130th and the 131st Sessions of the New Hampshire Police Academy that fall within the State fiscal year 2003. The Police Standards and Training Council will partially reimburse the cost of the salary of the Troopers while serving; $4,995 per session, with the total cost not to exceed $14,985.

#130 Authorized service agreement with The Institute of Police Technology and Management of the University of North Florida with a total contract limitation of $34,500 to teach three 5 day sessions of "Field Training Officer', one 5 day session of "First Line Supervision" and one 3 day session of "Digital Photography", as specified in letter dated August 21, 2002.

#131 Authorized service agreement with Mr. John Ledoux, Stafford, VA with a total contract price of $6,500 to teach one 3 day session of "Basic Leadership and one 2 day session of "Managing Across the Generational Divide", as specified in letter dated August 20, 2002.

#132 Authorized service agreement with Mr. Harry O'Reilly, Monroe, NY with a total contract amount of $8,480 to present one 5 day session of "Burglary/Robbery Investigation" and one 3 day session of "Hysteria versus Reality - Crimes with Occult Overtones", as specified in letter dated August 20, 2002.

#133 Authorized service agreement with Mr. Richard Ayres, Fredricksburg, VA at a cost of $7,000 to present one 4 day session of "Creating a Good Place to Work", as specified in letter dated August 20, 2002.

BOARD OF NURSING

#134 Authorized to include advertising in their semi-annual newsletter. Appropriate disclaimers will be in place, advertising will only be health care related and monitored closely for conflicts of interest, as specified in letter dated September 9, 2002.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#135 Authorized sole source agreement with Mr. Stephen Fay, Coventry, RI in the amount of $2,400 for instruction in Rescue Systems I and II, as required from G&C approval through June 30, 2003 and as specified in letter dated September 3, 2002.

#135A Authorized to transfer and expend $69,418 from the Highway Surplus Account and establish three Title Examiner, LG 12 positions within the Title Bureau, through June 30, 2003 and as specified in letter dated September 18, 2002. Fiscal Committee amended and approved.

#135B Authorized to continue three Marine Patrol Supervisor, LG 17 (as approved by the Fiscal Committee on 10-10-01 and at G&C meeting of 10-24-01 item #114), positions from October 1, 2002 through June 30, 2003. Fiscal Committee approved. Further authorized to extend a grant from the Federal Highway Administration (as approved at G&C meeting on 10-24-01), and reallocate the funds through June 30, 2003 as specified in letter dated September 18, 2002.

#136 Authorized the Office of the Commissioner's request to retroactively approve a salary increment of $2,207 to Peter Croteau, Director of Information Technology (Position #9U511), effective August 22, 2002.

#137 Authorized the Division of Information Technology to reallocate funds, as originally approved by Governor and Council on March 6, 2002 item #76, as specified in letter dated September 3, 2002 and effective upon G&C approval through September 30, 2002.

#138 Authorized the Division of Information Technology to accept and expend a $145,767 grant from the Department of Justice entitled "J-One" or CJIS (Criminal Justice Information System), as specified in letter dated September 3, 2002 and effective upon G&C approval through September 30, 2002.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#139 Receive the Special Committee and Commissioner's Reports in regards to (Warren-Wentworth, BRF-X-T-328-(12), 11847), project. Appointed a Layout Commission per recommendation of Special Committee, as specified in letter dated August 28, 2002.

#140 Authorized to amend contract with Castle Rock Consultants, Inc., d/b/a CRC Consultants, Leesburg, VA (originally approved at G&C meeting of 1-5-200), increasing the amount by $139,920 to $624,297 for additional work defined in attached scope of services to (and as specified in),letter dated September 12, 2002.
(2) Further authorized that a contingency in the amount of $62,400 be approved for payment of additional work that may be necessary during execution of the project.

#141 Authorized to amend Professional Services Agreement (STATEWIDE 11151D-PART B-Electronic Toll Collection) with Vollmer Associates, LLP, Concord, NH (originally approved at G&C meeting of 8-9-00 item #172), increasing the amount by $199,530.98 to $614,960.98 for additional work defined in attached scope of services to (and as specified in), letter dated September 12, 2002.

#142 Authorized to accept federal funds ($54,000) and grant state assistance($3,000) to the City of Claremont, NH (that will provide $3,000 in matching funds), for AIP 13: an airport development project to acquire an easement for hazard beacon installation, as specified in letter dated August 23, 2002.

#143 Authorized to accept and place on file the Contemplated Award List for the period August 7, 2002 through August 30, 2002.

#144 Authorized to accept and place on file Informational Item: Equipment Acquisition Plan Status Report for the period ending July 31, 2002.

#145 Authorized to amend agreement with The Louis Berger Group, Inc., Manchester, NH for consultant engineering services in regards to special statewide bridge design as specified in letter dated August 21, 2002; increasing the Time and Materials Fee by $175,000 to $1,175,000 and increasing the encumbrance by an amount not to exceed 10% for additional services that may be required during the prosecution of work.

#146 Resolved to Authorized the New Hampshire Department of Transportation to release whatever interest the State may have in a portion of the State-owned Northern Railroad corridor in Lebanon for the amount of $2,500 as specified in letter dated August 30, 2002.

#147 Authorized to pay $40,000 to the Maine Department of Transportation, State House Station, Augusta, ME to provide a portion of the funds required for the marketing of transportation alternatives in the I-95 corridor as specified in letter dated September 5, 2002.

#148 Authorized agreement with Edwards and Kelcey, Inc., Manchester, NH for a total lump-sum fee of $107,529.08 for consultant services for final design of replacement of NH Route 9 bridge over B&M Railroad in the City of Dover, effective upon G&C approval through with final completion date of 24 months from the date of Notice to Proceed.
(2) Further authorized to increase the encumbrance by an amount not to exceed 10% for payment for additional services that may be required during the prosecution of the work.

#149 Authorized agreement with Central New Hampshire Regional Planning Commission, Concord, NH to undertake the US 4 Corridor Study in the Town of Chichester for a fee not to exceed $25,000 effective upon G&C approval through June 30, 2003.

#150 Authorized agreement with Lakes Region Planning Commission, Meredith, NH to implement the Land Use and Transportation Training Program in the Lakes Region Planning Commission Towns for a fee not to exceed $10,000 effective upon G&C approval through September 25, 2002.

#151 WITHDRAWN BY AGENCY.

#152 Authorized contract #716051 with Evroks Corporation, Winnisquam, NH on the basis of low bid of $807,151.70 for project involving bridge carrying Cataract Avenue (in Dover), over the Spaulding Turnpike, effective upon G&C approval through September 26, 2003.
(2) Further authorized a contingency in the amount of $80,715.17 be approved for payment of latent conditions that may appear during execution of the project.

#153 Authorized contract #716048 with Capital Well Company, Inc., Dunbarton, NH on the basis of a single bid of $17,360 for construction of a drilled well and pump on the property of Francese Goulette, Clarksville, NH, effective upon G&C approval.

#154 Authorized contract #716049 with Larry G. Cushing & Sons, Inc., Walpole, NH on the basis of a low bid of $12,284.40 for a drilled well and pump on the property of Glenn English, North Haverhill, NH, effective upon G&C approval.

#155 Authorized contract #716033 with Cianbro Corporation, Pittsfield, ME on the basis of a low bid of $384,200 for repairs to bridge in Hampton, as specified in letter dated August 19, 2002 and effective upon G&C approval through April 30, 2003.
(2) Further authorized contingency in the amount of $38,420 for payment of latent conditions that may appear during execution of the project.

#156 Authorized agreement with CWS Fence & Guardrail Co., Andover, NH on the basis of a unit low bid of $11,905 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 4, effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#157 Authorized agreement with CWS Fence & Guardrail Co., Andover, NH on the basis of a unit low bid of $15,025 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 2 in, effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#158 Authorized agreement with CWS Fence & Guardrail Co., Andover, NH on the basis of a unit low bid of $17,140 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 1 in , effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#159 Authorized agreement with Delucca Fence Company, Inc., Methuen, MA on the basis of a unit low bid of $19,858 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 6 in , effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#160 Authorized agreement with Delucca Fence Company, Inc., Methuen, MA on the basis of a unit low bid of $20,434 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 5 in , effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#161 Authorized agreement with Delucca Fence Company, Inc., Methuen, MA on the basis of a unit low bid of $15,472 to provide specific, on-call, guardrail repair on State Highway System at crash locations on State Highway System in District 3 in , effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $100,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#162 Authorized agreement with Delucca Fence Company, Inc., Methuen, MA on the basis of a unit low bid of $33,122 to provide specific, on-call, guardrail repair on State Highway System at crash locations on Turnpike System, effective upon G&C approval through June 30, 2004.
(2) Further authorized that the amount of $114,000 for a period of not more than two years, be approved for payment of services that may occur during execution of the contract.

#163 Authorized to increase the contingency (contract previously approved at G&C meeting of 8-14-02 item #266), by $10,000 with Interstate Electrical Services Corporation for a total contingency of $13,700 for the purpose of Electrical Renovations, Scammell Bridge, US Rte. 4, Dover, NH, as specified in letter dated September 12, 2002.

#164 Authorized contract with 3G Construction/Stan Graton, Holderness, NH for a lump sum price of $385,000 for Covered Bridge Fire Suppression, Statewide, NH.
(2) Further authorized a contingency in the amount of $20,000 be approved for payment of latent conditions that may appear during execution of the project. (3) Further authorized that the amount of $15,000 be approved for payment to the NH Department of Transportation, Bureau of Public Works for engineering services provided.

#165 Authorized contract with J.C. Cannistraro, Inc., Watertown, MA for a lump sum price of $767,500 for Sprinkler System, Concord, NH.
(2) Further authorized a contingency in the amount of $38,900 be approved for payment of latent conditions that may appear during execution of the project.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#166 Approve the request of John and Janet Casey to remove an existing breakwater, pilings and pier; and construct 45 linear ft of breakwater and associated structures on frontage of property located at Welch Island on Lake Winnipesaukee in Gilford, as specified in letter dated August 28, 2002. File #2002-00221.

#167 Approve the request of David W. Loker to install a seasonal pier with no work to existing pier on frontage of Lake Winnipesaukee in Moultonborough, as specified in letter dated September 3, 2002. File #2002-00755.

#168 Approve the request of Kurt and Mary Beth Clason to remove an existing pier to construct 50 linear ft of breakwater remove a pier, construct a breakwater and associated structures on frontage of property located at Diamond Island on Lake Winnipesaukee in Gilford, as specified in letter dated September 3, 2002. File #2002-00457.

#169 Approve the request of Bradley Steele to construct a seasonal canopy over an existing dock and associated structures on frontage of property located at Rattlesnake Island on Lake Winnipesaukee in Alton. File #2002-00987.

#170 Approve the request to amend permit (previously approved at G&C meeting of 3-2002), to include construction of a seasonal canopy over the boatslips on frontage of property located at Lake Winnipesaukee in Alton. File #2001-455.

#171 TUITION REQUESTS

A. ADMINISTRATIVE SERVICES - Request permission to pay the New York University, New York, NY, the sum of $547.50 for the sole purpose of enrolling Vicki Tinsley, Information Technology Manager IV, in the distance learning course entitled "E-Enterprise Technologies and Application".

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $597.00 for the sole purpose of enrolling David Carlisle, Professor, in the course entitled "Field Description of Soils".

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Capella University, Chicago, IL, the sum of $834.00 for the sole purpose of enrolling Anthony Membrino, Associate Professor, in the distance learning course entitled "Survey of Research Methodology".

D. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,450.00 for the sole purpose of enrolling Anne Prehemo, Disability Examiner, in the course entitled "Public Health Policy".

E. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,450.00 for the sole purpose of enrolling Peggy Vieira, Disability Examiner, in the course entitled "Public Health Policy".

F. EDUCATION, Vocational Rehabilitation - Request permission to pay Springfield College, Manchester, NH the sum of $3,303.00 for the sole purpose of enrolling Alan Sallet, Vocational Rehabilitation Counselor I, in the courses entitled "Generic Counseling Skills I", "Adult Psychological Services III", "Empowerment as a Counseling Tool" and "Project IV".

G. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay Penn State World Campus, University Park, PA, the sum of $601.00 for the sole purpose of enrolling Stephanie Miller, Supervisor IV, in the on-line course entitled "The Nature of Geographic Information".

H. HEALTH & HUMAN SERVICES, Behavioral Health - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $615.00 for the sole purpose of enrolling Rebecca Mair, Program Planner II, in the course entitled "Advanced Accounting II".

I. RESOURCES & ECONOMIC DEVELOPMENT - Request permission to pay the Bureau of Education and Training, Concord, NH, the sum of $745.00 for the sole purpose of enrolling Daniel Dufour, Technical Support Specialist II, in the course entitled "Web Development Track".

J. RETIREMENT - Request permission to pay Hesser College, Manchester, NH, the sum of $1,194.00 for the sole purpose of enrolling Rosemarie Fielding, Counseling Assistant, in the courses entitled "Accounting II" and "English Composition I".

K. TRANSPORTATION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $540.00 for the sole purpose of enrolling Steven DuBois, Civil Engineer VI, in the course entitled "Legal and Ethical Issues in Organizations".

L. TRANSPORTATION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $540.00 for the sole purpose of enrolling Steven DuBois, Civil Engineer VI, in the course entitled "Seminar in Leadership".

M. TRANSPORTATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $650.00 for the sole purpose of enrolling William Oldenburg, Chief of Preliminary Design, in the course entitled "Managerial Accounting".

N. TRANSPORTATION - Request permission to pay Columbia Southern University, Orange Beach, AL, the sum of $172.50 for the sole purpose of enrolling Susan Quigley, Safety Specialist, in the distance learning course entitled "ISO 14000".

O. TRANSPORTATION - Request permission to pay the Bureau of Education and Training, Concord, NH, the sum of $2,500.00 for the sole purpose of enrolling Nichole Roy, Technical Support Specialist I, in the course entitled "Technical Support Specialist Program".

#172 TRAVEL REQUESTS The Governor and Executive Council approved the following travel requests:

A. ADMINISTRATIVE SERVICES - Request permission for (5) employees, Donald S. Hill, Commissioner, Daniel Cloutier, Business Supervisor, Joseph Bouchard, Business Supervisor, Robert Beaulac, Business Supervisor and Donna Raymond, Administrator II, or designee, to travel to Clarks Summit, PA on October 1 - 3, 2002, to attend the NASBO Eastern Regional Conference. Permission is also requested for a waiver to exceed the 300-mile radius by one state vehicle and one private vehicle. Total Cost: $1,500.00. Source of Funds: 100% General Funds. No Registration Fees.

B. CULTURAL RESOURCES, Division of the Arts - Request permission for (1) employee, Catherine O'Brian, Arts in Education Coordinator, or designee, to travel to Detroit, MI on October 15 - 20, 2002, to attend the NASAA National Arts 2002 Conference. ALSO A CASH ADVANCE OF $790.00 IS REQUESTED FOR Catherine O'Brian. Total Cost: $790.00. Source of Funds: 100% Federal Funds. No Registration Fees.

FISH & GAME - Request permission for (2) employees, Randy Curtis, Federal Aid Coordinator, and Dan Lynch, Assistant Director, or designee, to travel to Altoona, PA on October 1 - 4, 2002, to attend the 2002 Federal Aid Coordinators Meeting. Permission is also requested for a waiver to exceed the 300-mile radius by state vehicle. Total Cost: $1,103.00. Source of Funds: 75% Federal and 25% Fish & Game Funds. Registration Fee: $100.00.

C. SAFETY, Fatal Crash Unit - Request permission for (2) employees, Wendy Reeves, Accident Evaluator, and Roberta Bourque, Business System Analyst, or designee, to travel to Ft. Lauderdale, FL on October 5 - 12, 2002, to attend FARS Training. ALSO A CASH ADVANCE OF $2,520.00 IS REQUESTED FOR Roberta Bourque. Total Cost: $3,020.00. Source of Funds: 100% FARS Grant Funds. Registration Fee: $620.00.

LATE ITEMS:

A. DEPARTMENT OF SAFETY

The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton, authorized approval to enter $25,000 agreement with the Rockingham County, Department of Corrections, to provide interface capability between Department of Safety Livescan Stations and the County Records Management System.

The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Griffin, authorized Items B through G.

B. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with AT&T Media Services for the period from Governor and Council approval to April 30, 2004 in the amount of $40,000 to develop and implement a plan to air a series of nine 30 second television spots for the purpose of promoting the state's agriculture industry.

C. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with WNDS for the period from Governor and Council approval to April 30, 2004 in the amount of $10,000 to develop and implement a plan to air a series of nine 30 second television spots for the purpose of promoting the state's agriculture industry.

D. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with Adelphia Media for the period from Governor and Council approval to April 30, 2004 in the amount of $24,500 to develop and implement a plan to air a series of nine 30 second television spots for the purpose of promoting the state's agriculture industry.

E. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with Rutter Media for the period from Governor and Council approval to April 30, 2004 in the amount of $12,000 to develop and implement a plan to air a series of nine 30 second television spots for the purpose of promoting the state's agriculture industry.

F. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with Harvest New England Media Association for the period from Governor and Council approval to December 1, 2002 in the amount of $25,000 to implement a New England food and agricultural products promotional campaign.

G. DEPARTMENT OF AGRICULTURE (sole source)
Authorized agreement with WMUR TV for the period from Governor and Council approval to April 30, 2004 in the amount of $19,291 to develop and implement a plan to air a series of nine 30 second television spots for the purpose of promoting the state's agriculture industry.

H. OFFICE OF STATE PLANNING
The Governor and Council on motion of Councilor Griffin, seconded by Councilor Spaulding, authorized a one-day conference on Thursday September 26, 2002 at the Inn of Hampton to provide workshops and presentations for municipal officials and others interested in NH Smart Growth initiatives.

I. DEPARTMENT OF TREASURY
The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, adopted a resolution permitting State Treasurer to negotiate the sale and issue of General Obligation bonds to refund outstanding bonds to produce net present value debt service savings. A roll call vote was requested on the tabling motion, the results are as follows: Councilor Burton - Yes: Councilor Spaulding - Yes: Councilor Griffin - Yes: Councilor Wieczorek- Yes: Councilor Wheeler - Yes.

J. DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized Department to accept and expend federal funds under the provisions of Section 104 of the Clean Water Act, in the amount of $153,805 in FY03 and enter into a Memorandum of Agreement with the UNH Office of Sponsored Research in the amount of $153,805 to implement year three of the National Coastal Assessment Program.

K. DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Burton, authorized Department to amend three loan agreements with the City of Nashua, NH for engineering service and landfill closures.

L. DEPARTMENT OF CORRECTIONS
The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Burton, with Councilor Wheeler voting NO, authorized extended 3-month leave of absence with pay as provided under NH Division of Personnel Code of Administrative Rules for Corrections Sergeant Gary Smith to be effective September 24, 2002.

Pursuant to RSA 91-A:3, III, (a) and (c), the Governor and Executive Council, on motion of Councilor Burton seconded by Councilor Spaulding, voted to go into non-public session. A roll call vote was requested on the motion, the results are as follows: Councilor Burton - Yes: Councilor Spaulding - Yes: Councilor Griffin - Yes: Councilor Wieczorek - Yes: Councilor Wheeler - Yes.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Griffin, moved to come out of non-public session. A roll call vote was requested on the motion, the results are as follows: Councilor Burton - Yes: Councilor Spaulding - Yes: Councilor Griffin - Yes: Councilor Wieczorek - Yes: Councilor Wheeler - Yes.

Pursuant to RSA 91-A:3,III, (a) and (c), the Governor announced the Minutes of the non-public session are sealed.

The Governor set the next Governor and Executive Council Meeting for Wednesday, October 9, 2002, 2002 at 10:30 a.m., at the Old Fire Station, Bedford, New Hampshire.

The Honorable Board then Adjourned

 

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