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Minutes
November 10, 2004
 

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

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

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, accepted the minutes of October 20, 2004 asamended; to reflect salary adjustment properly:

Department of Safety
Director of the Division of Administration
Wesley J. Colby, Laconia
GG Step 4 $73,389

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Griffin approved the appointment of several persons nominated for Civil Commissions from the October 20, 2004 meeting.

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

RESIGNATIONS

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

Concord District Court
Retirement
Arthur E. Robbins, Concord Effective: January 3, 2005

Derry District Court
Lawrence F. Warhall, Londonderry Effective: December 23, 2004

Dover District Court
Retirement
Robert L. Cullinane, Somersworth Effective: December 11, 2004

State Board for the Licensing and Regulation of Plumbers
Public Member
Albert A. Murphy, Marlborough Effective: November 10, 2004

CONFIRMATIONS

The Governor and Council confirmed the following:

Board of Licensed Dietitians
Lynn Abbott, Stratham Effective: November 10, 2004
Replacing Joanne A Ward, Stratham Term: December 6, 2007

State Board of Education – With Councilor Wheeler voting no
District 4
Mary Elizabeth McNeil, Bedford Effective: November 10, 2004
Filling Vacancy Term: January 31, 2009

Energy Planning Advisory Board
Business Community
Alan R. Karg, Warner Effective: November 10, 2004
Filling Vacancy Term: November 10, 2007

Energy Planning Advisory Board
Business Community
Wendell W. Jesseman, Landaff Effective: November 10, 2004
Filling Vacancy Term: November 10, 2007

Advisory Committee on Marine Fisheries
Geno J. Marconi Jr., Portsmouth Effective: November 10, 2004
Reappointment Term: October 15, 2007

Advisory Committee on Marine Fisheries
Laura E.M. Simmons, North Hampton Effective: November 10, 2004
Reappointment Term: September 29, 2007

Advisory Committee on Marine Fisheries
Peter A. Whelan, Portsmouth Effective: November 10, 2004
Replacing William Bland, Newmarket Term: September 29, 2007

New Motor Vehicle Arbitration Board
Susan Richey, Concord Effective: November 10, 2004
Replacing Kenneth Batchelder, Bridgewater Term: March 25, 2007

Public Utilities Commission – with Councilor Burton and Councilor Griffin voting – no, and Further on a roll call vote as follows: Councilor Burton – no, Councilor Spaulding – yes, Councilor Griffin – no, Councilor Wieczorek – yes, and Councilor Wheeler – Yes.
Commissioner
Michael D Harrington, Strafford Effective: November 10, 2004
Filling Vacancy Term: July 1, 2005
Group JJ Step 1 $75,215

Regional Community Technical College Board of Trustees
Community Service
Connie M. Roy-Czyzowski, Bedford Effective: November 10, 2004
Replacing James Snodgrass, Concord Term: February 17, 2007

NOMINATIONS

The Governor placed into nomination the following:

Adjutant General
Kenneth R. Clark, Stratham Effective: Upon Confirmation
Replacing John E. Blair, Barnstead Term: upon the age of 65
Salary Grade II $66,851-$89,128

Alcohol and Drug Abuse Prevention, Intervention, and Treatment Commission
Betsy Abrahams, Merrimack Effective: Upon Confirmation
Reappointment Term: September 20, 2007

American and Canadian French Cultural Exchange Commission
Joseph Dion, Manchester Effective: Upon Confirmation
Replacing Georgette L. Hippauf, Nashua Term: July 17, 2011

American and Canadian French Cultural Exchange Commission
Beniot L. Lamontagne, Colebrook Effective: Upon Confirmation
Replacing Albert E. Nault, Campton Term: May 23, 2010

American and Canadian French Cultural Exchange Commission
J. Claude LaRoche, Manchester Effective: Upon Confirmation
Filling Vacancy Term: July 17, 2010

Connecticut River Valley Resource Commission
Charles P. Puksta, Claremont Effective: Upon Confirmation
Reappointment Term: January 22, 2008

Current Use Advisory Board
Public Member
Thomas N. Thomson, Orford Effective: Upon Cofirmation
Reappointment Term: November 16, 2006

Concord District Court
Justice
Gerard J. Boyle, Plymouth Effective: Upon Confirmation
Replacing Arthur E Robbins Term: upon the age of 65

Derry District Court
Justice
John Coughlin, Mont Vernon Effective: Upon Confirmation
Replacing Lawrence F Warhall, Londonderry Term: upon the age of 65

Derry District Court
Special Justice
Robert S. Stephen, Manchester Effective: Upon Confirmation
Filling Vacancy Term: upon the age of 65

Dover District Court
Justice
Stephen M. Morrison, Dover Effective: Upon Confirmation
Replacing Robert L. Cullinane, Somersworth Term: upon the age of 65

Durham District Court
Special Justice
Stan J. Mullaney, Durham Effective: Upon Confirmation
Filling Vacancy Term: upon the age of 65

Nashua District Court
Justice
Marc Coro, Milford Effective: Upon Confirmation
Replacing H Philip Howorth Term: upon the age of 65

State Board of Education
District 2
David B. Ruedig, Concord Effective: Upon Confirmation
Reappointment Term: January 31, 2009

Employment Security Appellate Board
Attorney
Kevin Stewart, Hillsborough Effective: Upon Confirmation
Replacing Scott McGuffin, Northfield Term: November 21, 2008

Department of Employment Security
Commissioner
Richard S. Brothers, Thornton Effective: Upon Confirmation
Replacing John J. Ratoff, Exeter Term: April 1, 2009
Salary Grade II $66,851-$89,128

Fish and Game Commission
Belknap County
Craig W. Hale, Center Harbor Effective: Upon Confirmation
Filling Vacancy Term: June 29, 2006

Department of Health and Human Services
Deputy Commissioner
Nicholas Toumpas, Concord Effective: Upon Confirmation
Filling Vacancy Term: August 18, 2008
Salary Grade KK Step 3 $86,812

Healthy Kids Subcommittee
Harvey Schwartz, Harrisville Effective: Upon Confirmation
Reappointment Term: May 29, 2006

Health Services Planning and Review Board
Consumer
Brian J. Gottlob, Dover Effective: Upon Confirmation
Replacing Elizabeth L Crory, Hanover Term: April 19, 2006

Human Rights Commission
Henry P. Mock, Jackson Effective: Upon Confirmation
Replacing Arthur L Hilson, Portsmouth Term: November 1, 2009

Office of Information Technology
Chief Information Officer
Richard C. Bailey Jr., Bow Effective: Upon Confirmation
Reappointment Term: April 21, 2004
Salary $95,000

Lakes Management Advisory Committee
Conservation
Larry Sunderland, Deering Effective: Upon Confirmation
Replacing Leslie Enroth, North Sutton Term: September 19, 2007

Board of Licensing for Alcohol and Other Drug Abuse Professionals
Public Member
Lloyd S. Doughty II, Epsom Effective: Upon Confirmation
Replacing Tom Jordan, Manchester Term: January 28, 2008

Merrimack River Valley Flood Control Commission
Merton L. Mann, Dunbarton Effective: Upon Confirmation
Reappointment Term: March 1, 2007

Nashua Police Commission
Robert E. Valade, Nashua Effective: Upon Confirmation
Replacing Maurice Arel, Nashua Term: September 1, 2007

Regional Community Technical College Board of Trustees
Public Member
Jerry Thibodeau, Manchester Effective: February 3, 2005
Replacing Ann Torr, Dover Term: February 3, 2009

Department of Safety
Assistant Director of the Division of Emergency Services, Communications, and Management
Kathryn E. Doutt, Chichester Effective: Upon Confirmation
Salary Grade EE Max $66,779 Term: serves at pleasure of commissioner

Department of Safety
Director of the Division of Emergency Services, Communications, and Management
Bruce G. Cheney, Laconia Effective: Upon Confirmation
Salary Grade FF Max $71,482 Term: serves at pleasure of commissioner

Department of Transportation
Assistant Commissioner
David J. Brillhart, Concord Effective: Upon Confirmation
Salary Grade KK Step 4 $91,637 Term: February 28, 2008

BUSINESS FINANCE AUTHORITY
#1 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding and further on a roll call vote as follows: Councilor Burton – yes, Councilor Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek – yes, and Councilor Wheeler – yes, Authorized to hold a Public Hearing to approve an award of a State Guarantee under RSA 162-A:13-a with respect to a loan from Meredith Village Savings Bank and Comstock Industries, Inc. in Meredith, New Hampshire. Action will Authorized a Resolution under RSA 162-I:18 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD ON NOVEMBER 10, 2004
COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

* * * * * * *

At approximately 10:35 a.m., the Governor announced that the next matter to be considered would be the award of a State guarantee under the Working Capital Line of Credit Guarantee Program of the Business Finance Authority in connection with a loan to be made by Meredith Village Savings Bank to Comstock Industries, Inc. and declared that the public hearing on the subject had commenced. He said that he and the members of the Council had received written material from the Authority with respect to the proposed loans and State guarantee. The Governor then said that the meeting would hear anyone wishing to speak on the subject and introduced Michael Donahue, Senior Credit Officer of the Authority, who briefly explained the project. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Burton introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM MEREDITH VILLAGE SAVINGS BANK TO COMSTOCK INDUSTRIES, INC." and moved its adoption, which was seconded by Councilor Spaulding . There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and Councilor Burton, Councilor Spaulding, Councilor Griffin, Councilor Wieczorek, and Councilor Wheeler; those abstaining were Councilor(s): None; and those voting against were Councilor(s): None. The Governor declared that the resolution was passed.

* * * * * * *

A RESOLUTION UNDER RSA 162-A:18
AWARDING A STATE GUARANTEE UNDER RSA 162-A:13-a
WITH RESPECT TO A LOAN FROM
MEREDITH VILLAGE SAVINGS BANK TO
COMSTOCK INDUSTRIES, INC.

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to the award of a guarantee of the Authority in an amount equal to seventy-five percent (75%) of the principal amount of a loan up to $250,000 from Meredith Village Savings Bank to Comstock Industries, Inc. pursuant to RSA 162-A:13-a (the Working Capital Loan Guarantee Program or the "WAG Program");

WHEREAS, the proposed guarantee would require the pledge of the full faith and credit of the Authority in an amount not to exceed seventy-five percent (75%) of the proposed financing;

WHEREAS, pursuant to the provisions of RSA Chapter 162-A, the Governor and Council is Authorized to approve the recommendation of the Authority and to award the recommended guarantee upon the making of specific findings after public hearing;

WHEREAS, the Governor and Council have received all the documentation and information with respect to the proposed award of the Authority's guarantee which they have requested; and

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

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

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

(a) Special Findings.

(i) The award of the guarantee as proposed will contribute significantly to the success of the financing.

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

(b) General Findings.

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

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

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

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

2. Approval. The Governor and Council approve the Authority's taking such further action under the Act with respect to the award of the guarantee as may be required and Authorized the Authority to take such further action with respect to such proposed execution as is necessary and appropriate to carry out the proposed transaction.

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

Passed and Agreed to November 10, 2004.

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

#2 Authorized the Office of Energy and Planning and the Department of Environmental Services to amend a memorandum of agreement concerning alternative transportation fuel programs (previously approved by G&C on 9-17-03), by extending the completion date retroactively from October 14, 2004 to June 30, 2005. 100% Federal Funds.

#3 Authorized to enter into a sole source contract with the Manchester Health Department to provide preventive health services to NH refugees, in an amount not to exceed $14,925. Effective retroactive to July 1, 2004 through June 30, 2005. 100% Federal Funds.

#4 Authorized to enter into a sole source contract with Plymouth Area Renewable Energy Initiative, Plymouth, NH, to develop and conduct a program that will increase the use of solar energy in NH, in an amount not to exceed $34,965. Effective upon G&C approval through July, 2005. 100% Federal Funds.

OFFICE OF THE ADJUTANT GENERAL
#5 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, Authorized an exemption to NH Purchasing Rule, ADM 607.03(c) to enable the Department to increase the Department’s motor vehicle fleet by one vehicle to support the operations of the NH Veterans Cemetery in Boscawen, NH.

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

#6 Authorized to appoint Councilor Ruth L Griffin as designee of the Executive Council to hold a hearing on the proposal for the major construction renovation, expansion, capital equipment and furnishing project and the refinancing of existing indebtedness in connection with the University System of NH, Durham and Keene, NH.

#7 Authorized to accept and place on file the Report and Findings of Councilor David K Wheeler with regard to a certain proposal for the refinancing of existing indebtedness project in connection with Antioch New England Graduate School, Keene, NH.

#8 Authorized to increase the salary of the Director, Division of Accounting Services, to Group HH, Step 3 $75,806, retroactive to August 18, 2004.

#9 Authorized the list of agency transfers Authorized for Fiscal Year 2005 during the month of September.

#10 Authorized to accept and place on file the report of Authorized adjustments to agency’s quarterly allotments for the period through June 30, 2004.

#11 Authorized to contract with DJB NOEL, Concord, NH, for snow and ice removal services at the Walker Building on Fruit Street, Concord, NH, in the total amount not to exceed $75,000. Effective November 1, 2004 through October 31, 2007.

#12 Authorized to contract with Nortech Systems, Barrington, NH, for fire alarm system testing and maintenance services at thirty-four state facilities, in the total amount not to exceed $335,094. Effective December 1, 2004 through November 30, 2007.

#13 Authorized to exercise the option to renew a current contract with Walchak’s Lawn & Home Care, Inc., Concord, NH, (previously approved by G&C on 11-1-01), for snow plowing and ice removal services at thirteen facilities in Concord, NH, for a total amount not to exceed $116,950. Effective November 17, 2004 through November 16, 2006.

#14 Authorized to amend a current contract with Verizon New England dba Verison NH, of Boston, MA, (previously approved by G&C on 9-4-02), for communications network services. Effective upon G&C approval through October 9, 2007.

#14A Authorized the Guardian Ad Litem Board to accept and expend $7,500 in fees during Fiscal Year 2005.

#14B Authorized a Working Capital Warrant in the amount of $600,000,000 to cover expenditures for the Month of December 2004. (2)Further Authorized a Working Capital Warrant reporting expenditures of $671,234,390.99 for the Month of October and recommends the balance of $88,218,509.01 be lapsed.

#14C Authorized Bureau of Court Facilities to dispose of state-owned property known as the Carroll County Superior Courthouse located in the Town of Ossipee by conveying the property to Carroll County by quitclaim deed.

TREASURY DEPARTMENT
The Governor and Council acted as follows:

#15 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Burton and further on a roll call vote as follows: Councilor Burton – yes, Councilor Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek – yes, and Councilor Wheeler – no, Authorized to issue revenue anticipation notes up to and including an amount of $75 million and to determine the most advantageous form of borrowing, and to enter into such agreement as may be necessary to effect the borrowing.

#16 The Governor and Executive Council on motion of Councilor Wheeler, seconded by Councilor Burton and further on a roll call vote as follows: Councilor Burton – yes, Councilor Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek – yes, and Councilor Wheeler – yes, Authorized to adopt the resolution permitting the State Treasurer to proceed with the sale and issuance of up to $42.8 million of taxable general obligation bonds in the manner most advantageous to the state. Effective upon G&C approval through January 31, 2005.

#17 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $4,398.92 to the rightful owners of abandoned or unclaimed funds.

DEPARTMENT OF AGRICULTURE, MARKETS & FOOD
The Governor and Council acted as follows:

#18 Authorized to incur recruitment expenses, related to the hiring of a new State Veterinarian, in an amount not to exceed $1,800. Effective upon G&C approval through January 31, 2005. 100% Other Funds.

#19 Authorized to accept and expend funds in the amount of $5,000 from the University of NH Cooperative Extension to assist the department with planning and conducting risk management education training programs for NH farmers. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#20 Authorized to accept and expend funds in the amount of $20,000 from the US Department of Agriculture, Natural Resources Conservation Service to assist the department with conducting easement monitoring on farmland easements acquired under the Federal Farm and Ranch Land Protection Program . Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#21 Authorized Division of Pesticide Control, to accept and expend grant funds from the US Environmental Protection Agency to be utilized for the Groundwater Management, Worker Protection and Enforcement Program within the Division of Pesticide Control in the amount of $78,340. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

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

#22 Authorized Division of Arts to award Organizational Support Cultural Facility Grant in the amount of $6,118 to the Belknap Mill Society, Laconia. 100% General Funds.

#23 Authorized Division of Arts to award Organizational Support Project Planning Grant in the amount of $5,500 to Arts Alliance of Northern NH, Littleton. 100% Federal Funds.

#24 Authorized to award a Conservation Number Plate Grant in the amount of $10,000 to the Town of New Hampton, for the preservation of the New Hampton Town Hall. 60% General, 40% Other Funds.

#25 Authorized Division of Historical Resources to award a Federally Funded Certified Local Government Grant to the Town of Goffstown, for the project, “Grasmere Town Hall Foundation and Doors”, in the amount of $14,230. 38% General, 62% Federal Funds.

#26 Authorized to award a Conservation Number Plate Grant in the amount of $5,000 to the Town of Canaan. 60% General, 40% Other Funds.

#27 Authorized Division of Libraries to enter into a retroactive sole source lease agreement with the American-Canadian Genealogical Society, Manchester, NH, for the use of 1,750 square feet of space for the Last Copy Depository, Manchester, NH, in the amount of $52,500. Effective July 1, 2004 through June 30, 2009. 100% Federal Funds.

#27A Authorized Division of Arts, to award Operating Grants totaling $56,100 to the organizations, as detailed in letter dated October 18, 2004. Effective upon G&C approval through June 30, 2006. 100% General Funds.

INSURANCE DEPARTMENT
#28 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding, Authorized to accept and place on file the Annual Report for the Fiscal Year 2004.

ATTORNEY GENERAL
The Governor and Council acted as follows:

#29 Authorized to reappoint Simon R Brown, as an Assistant Attorney General for a term effective November 10, 2004 through November 10, 2009.

#30 Authorized to retroactively reappoint Susan G Morrell as an Assistant Attorney General for a term effective October 27, 2004 through October 27, 2009.

#31 Authorized that Jeffrey A Strelzin remain as a Senior Assistant Attorney General (previously approved by G&C on 9-8-04), for a term ending December 28, 2006 not August 31, 2007 as stated in the original item.

#32 Authorized to accept and expend a grant in the amount of $192,091 from the US Department of Justice to provide equipment and training to criminal justice personnel. Effective upon G&C approval through October 5, 2006. 100% Federal Funds.

#33 Authorized with Councilor Griffin voting no, to accept and expend a grant in the amount of $384,000 from the Federal Bureau of Justice Statistics to improve criminal justice information systems in the state. (2)Further Authorized to enter into a sub-grant with the Administrative Office of the Courts, in the amount of $84,691 to continue the Domestic Violence data entry positions at the Administrative Office of the Courts. Effective upon G&C approval through September 30, 2005. 100% Federal Funds.

#34 Authorized to accept and expend a new Congressional Earmark form the National Institute of Justice in the amount of $989,477 to continue the statewide Primedia Workplace Learning distance-learning network in NH. Effective upon G&C approval through September 30, 2005. (2)Further Authorized to amend the existing sole source contract with Primedia Workplace Learning of Carrolton, TX, (previously approved by G&C on 2-11-04), by increasing the amount by $959,418, from $1,699,600 to $2,659,018, so that additional time may be provided to contract beyond the approved December 31, 2005, end date. 100% Federal Funds.

#35 Authorized to retroactively amend G&C item #19, approved on 10-22-03, and item #34, approved on 5-21-03, by extending the termination dates of the federal grant award of the FY 2001 and FY 2002 Enforcing Underage Drinking Laws Grant Program from the original end date of May 31, 2004 to a new end date of May 31, 2005 for increased law enforcement of NH’s underage drinking laws. (2)Further Authorized to enter into a sub-grant for the Enforcing Underage Drinking Laws with the NH Liquor Commission – Bureau of Enforcement in the amount of $86,419.27 for the period of G&C approval through May 31, 2005. 100% Federal Funds.

#36 Authorized to retroactively amend G&C item #30, approved on 10-9-02, by extending the termination date of the Safe Havens federal grant award from its original end date of September 30, 2004 to a new end date of September 30, 2005. This grant provides funding for sub-grants which support six visitation centers serving NH which provide safe facilities for visitation and exchange of children in cases where domestic violence, child abuse, sexual assault or stalking, have been identified.

#37 DENIED – The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Griffin, voted to deny the petition of Jonathan A Perfetto requesting a pardon hearing for the offense of Possession of Child Pornography should be granted. Mr. Perfetto is not eligible for an annulment.

#38 DENIED – The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Griffin, voted to deny the petition of James Peter Walgreen requesting a pardon hearing for the offense of Second Degree Assault, Witness Tampering, Reckless Conduct, Criminal Threatening, Attempted Violation of Protective Order, and Conduct after an Accident. Mr. Walgreen is not eligible for an annulment.

EMPLOYMENT SECURITY
The Governor and Council acted as follows:

#39 Authorized to enter into an amended services agreement with Hansen Fox Co., Inc., for plumbing repair services at NHES offices statewide, increasing the amount of $10,000 by $5,000 to a total of $15,000 annually. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#40 Authorized to enter into a service agreement with Groundhog Landscaping in the amount of $7,000 annually for an agreement total of $21,000, for snowplowing and removal services at NHES’s Salem local office. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#41 Authorized to enter into a service agreement with Peter Roberts Cleaning to provide janitorial services for the NHES’s Conway local office, for an agreement total of $22,208. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#42 TABLED – The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Wheeler voted to table the request to enter into a service agreement with Imperial Painting for painting and wallpapering services at NHES’s offices located throughout the central and southern area of NH, in the amount of $20,000. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#43 Authorized to enter into a service agreement with Martin’s Cleaning Service to provide janitorial services for the NHES Littleton local office, for an agreement total not to exceed $19,050. Effective January 1, 2005, or upon G&C approval, whichever is later, through June 30, 2007. 100% Federal Funds.

#44 Authorized to enter into a service agreement with Groundhog Landscaping & Property Maintenance, Inc., in the amount of $16,000 annually for an agreement total of $48,000, for snowplowing and removal services at NHES’s Manchester local office. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#45 Authorized to expend Federal Funds in an amount not to exceed $4,980.35 to hold the 8 th Biennial Wellness Day Conference of NHES for the FY 2004-2005 biennium scheduled to be held on March 19, 2005. (2)Further Authorized to enter into an agreement with Holiday Inn, Concord, NH, in an amount not to exceed $4,980.35 for the 8 th Biennial NHES Wellness Day Conference scheduled to be held on March 19, 2005 for the period from G&C approval through March 31, 2005. 100% Federal Funds.

#46 Authorized to enter into a service agreement with First Choice Office Services for office furniture installation and repair services at NHES’s offices statewide, for a total of $60,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

PUBLIC UTILITIES COMMISSION
#47 TABLED – The Governor and Council on motion of Councilor Griffin, seconded by Councilor Burton voted to table the request of a salary increment of $4,702 to Commissioner Graham J Morrison, effective retroactive to October 13, 2004.

LIQUOR COMMISSION
#48 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Burton, Authorized with Councilor Wheeler voting no, to retroactively enter into an educational tuition agreement with Southern NH University, Manchester, NH, for Christina M Demers to participate in the “Mark Twain and the Realistic Tradition” course and to pay said cost in the amount of $720. Effective November 1, 2004 through December 26, 2004.

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

#48A Authorized with Councilor Wheeler voting no, the Division of Parks and Recreation to enter into an agreement on a sole source basis with Stevens Engineering, New London, NH, for professional engineering services to upgrade the Tram Summit Station on Cannon Mountain, Franconia Notch in the amount of $30,000 for the period of G&C approval through December 31, 2005. 100% Other.

#49 Authorized Division of Parks and Recreation, Cannon Mountain to enter into a services agreement, as detailed in letter dated October 20, 2004, on a sole source basis with Ingersoll-Rand, Davidson, NJ, for machine start-up service and repairs of the snowmaking air compressors, in the amount of $4,800. Effective upon G&C approval to December 15, 2004. 100% Other.

#50 Authorized Division of Forests and Lands to accept and expend $26,535 from the US Department of Agriculture for conducting visual pest detection surveys in NH from G&C approval through September 30, 2005.

#51 TABLED – The Governor and Council on motion of Councilor Griffin, seconded by Councilor Spaulding voted to table the request of the Division of Forests and Lands to sell on the open market for $235,000 a 1.2 acre lot of land with building improvements thereon, known as the “Priest House Lot”, being part of Shieling State Forest, and abutting Old Street Road and Sand Hill Road in Peterborough, NH.

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

#52 Authorized to accept and expend an additional $494,739 in federal funds from the National Oceanic and Atmospheric Administration to build an educational facility for the Great Bay National Research Reserve program at Sandy Point, Stratham, NH. Effective upon G&C approval through January 31, 2006.

#53 Authorized to accept and expend an additional $40,000 in pass through funds from the NH Department of Environmental Services to assess the impact of land-use practices on wetland functions and values from G&C approval through September 30, 2005.

#54 Authorized to enter into a contract with Victoria Bunker, Inc., Alton, NH, to provide a Phase IB Reconnaissance Survey conducted on NH Fish and Game Department land located adjacent to Sunapee Lake, Newbury, NH, for an amount not to exceed $5,509.92. Effective upon G&C approval through June 30, 2005. 100% Other.

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

#55 Authorized a step increase in salary for Anthony Giunta, Director, Waste Management Division, to Group HH, Step 3, $75,806. Effective December 3, 2004.

#56 Authorized to accept and expend funds from the Environmental Protection Agency for work associated with research on the exotic aquatic plant variable milfoil in the amount of $497,100. (2)Further Authorized to accept and expend funds from the National Oceanic and Atmospheric Administration for work associated with research on the exotic aquatic plant, variable milfoil in the amount of $498,491. Effective upon G&C approval through September 30, 2006. 100% Federal Funds.

#57 Authorized Water Division to enter into a contract with Jean’s Waterproofing, Inc., Auburn, ME, for concrete repair services, in the amount of $7,370. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#58 Authorized to enter into an agreement with T.L.C. Tree and Crane Services, Rumney, NH, for tree and brush clearing, in the amount of $18,000. Effective upon G&C approval through June 30, 2005.

#59 Authorized to enter into an agreement with Limerick Steeplejacks, Inc., Limerick, ME, for industrial painting services, in the amount of $44,000. Effective upon G&C approval through November 30, 2006.

#60 Authorized to enter into an agreement with Unifirst Corporation, Nashua, NH, for uniforms, and mat rental and cleaning services, in the amount of $43,340.55. Effective January 1, 2005 through December 31, 2008. 100% Other Funds.

#61 Authorized to amend a contract with Camp, Dresser & McKee, Inc., Manchester, NH, for professional engineering services associated with upgrading sludge processing facilities by $172,002, from $331,839 to $503,841 and to extend the completion date from February 1, 2005 to October 31, 2005. 100% Other Funds.

#62 Authorized to amend a sole source contract with Woodard & Curran Environmental Services, Inc., Portland, ME, (previously approved by G&C on 9-22-04, item #51), to increase the amount by $645,252 from $2,980,068 to $3,625,320 for funding groundwater treatment operations. Effective upon G&C approval through June 30, 2005. 90% Federal, 10% State Funds.

#63 Authorized to retroactively enter into an agreement with New Hampshire Rural Water Association, Burlington, VT, to provide technical assistance to small public water systems, in the amount of $83,031. (2)Further Authorized to retroactively enter into a contract with RCAP Solutions, Inc., Winchendon, MA, to provide technical assistance to small public water systems, in the amount of $83,031. Effective October 1, 2004 through September 30, 2005. 100% Federal Funds.

#64 Authorized to enter into a grant agreement with the City of Portsmouth, NH, for illicit discharge elimination, in the amount of $15,590. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#65 Authorized to approve a loan agreement with the Town of Newport, NH, to finance the Cheney Street Infrastructure Improvement Project, in the amount of $357,000. Effective upon G&C approval.

#66 Authorized to award a Water Supply Land Grant to the City of Dover, NH, to purchase two parcels of land in the source water protection area to protect water supply land, in the amount of $92,200. Effective upon G&C approval through February 1, 2005. 100% General Funds.

#67 Authorized to approve an Original Loan Agreement between NHDES and Orford Village District, NH, to finance improvements to the public water system , in the amount of $200,000. Effective upon G&C approval. 83% Federal, 17% Capital Funds.

#68 Authorized to accept and place on file the Annual Report of the Oil Disbursement Board. Informational Item.

#69 Authorized Country Club Shore’s request to install a seasonal dock and excavate bank to construct a perched beach, utilizing sand, surrounded by stone wall, with stairs accessing the beach and the water on frontage on property located at Opechee Bay on Lake Opechee in Laconia.

#70 Authorized name change to John Zink to construct a fixed pier and a ramp connected to a float and a float arranged in a T-shape property located on the Lamprey River in Newmarket (previously approved by G&C on 11-19-03).

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

Office of Finance
#71 Authorized to amend the agreement between the Secretary of the US Department of Health and Human Services and the State of NH, to extend Social Security and Medicare coverage to the employee of Androscoggin Valley Regional Refuse Disposal District whose positions are covered by the NH Retirement System-Group I. Effective January 1, 2004.

Employee Assistance Program
#72 Authorized to enter into an Educational Tuition agreement with Southern NH University, Manchester, NH, for Patricia A Thompson to participate in the Microeconomics course, and to pay said costs in the amount of $648. Effective retroactive to November 1, 2004 through December 23, 2004. 50% General, 50% Federal Funds.

Division of Family Assistance
#73 Authorized to transfer $15,500, as specified in letter dated October 20, 2004. Fiscal Committee approved.

Division for Juvenile Justice Services
#74 Authorized to accept and expend $225,000 of agency income that has accumulated in the Special Education Revenue Account and transfer $225,000 in general funds from the Special Education Program to Juvenile Field Services and Rehabilitation Programs, as specified in letter dated October 20, 2004. Fiscal Committee approved.

Division of Public Health Services

#75 Authorized to accept and expend $41,437 in other funds from the Endowment for Health, as specified in letter dated October 20, 2004. Fiscal Committee approved.

#76 Authorized to enter into a memorandum of agreement with Cottage Hospital, Woodsville, NH; LRGHealthcare, Laconia, NH; St. Joseph Hospital, Nashua, NH; and Parkland Medical Center, Derry, NH, for a biological safety cabinet from the federal Department of Health and Human Services, in an amount not to exceed $30,000. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#77 Authorized Bureau of Disease Control to enter into a retroactive memorandum of agreement with the University of NH, Department of Health Management and Policy, School of Health and Human Services, Durham, NH, to provide a zoonotic disease epidemiology specialist to support public health officials, totaling $124,424. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#78 WITHDRAWN – The agency withdrew the request to enter into a sole source agreement with James Crall, Los Angeles, CA, to provide a retrospective economic and impact analysis of three Medicaid program strategies and use the results to develop a comprehensive resource allocation model to assist in guiding future oral health funding decisions that will minimize dental access problems and improve oral health status, totaling $55,000. Effective upon G&C approval through June 30, 2005. (2)Further Authorized to process an advance payment of $18,245 f the agreement upon G&C approval. This payment covers $1,134 a day including benefits for the first 15 days of data analysis and $1,235 travel expenses to NH to work with data experts from Medicaid and Northeast Delta Dental. 100% Other Funds.

#79 Authorized Bureau of Prevention Services, Nutrition and Health Promotion Section to enter into an agreement totaling $2,600 with Paula Oliveira,RN, Stratham, NH, to provide breastfeeding management training. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#80 Authorized Comprehensive Cancer Control Program, to enter into an agreement with Susan Palmer Terry, Concord, NH, to provide technical and graphic design services to support the development of the Comprehensive Cancer Control Plan for the State of NH, totaling $50,000. Effective upon G&C approval through June 29, 2005. 100% Federal Funds.

#81 Authorized to enter into an agreement with Sullivan County, Newport, NH, to provide outpatient counseling services and a variety of substance abuse prevention services, totaling $115,000. Effective retroactive to July 1, 2004 through June 30, 2005. 100% General Funds.

#82 Authorized Bureau of Prevention Services to enter into an agreement with New Outlook, Inc., Exeter, NH, to provide substance abuse prevention services, totaling $30,000. (2)Further Authorized the DPHS acting as administrative agent for the Governor’s Commission on Alcohol and Drug Abuse Prevention, Intervention, and Treatment to enter into an agreement totaling $35,000 with New Outlook, Inc., Exeter, NH, to provide substance prevention services. Effective retroactive to July 1, 2004 through June 30, 2005. 46% Federal, 54% General Funds.

Division for Children, Youth & Families
#83 Authorized to retroactively enter into an Education Tuition Agreement with Boston University, Boston, MA, for Alyssa Adams, to participate in the Alcoholism and Drug Abuse: Assessment & Treatment course and to pay said costs in the amount of $1,390. Effective November 5, 2004 to December 10, 2004. 50% General, 50% Federal Funds.

#84 Authorized to retroactively enter into an Education Tuition Agreement with Wheelock College, Boston, MA, for Dawn Rouse, to participate in the Teacher as Researcher course and to pay said costs in the amount of $1,360. Effective October 1, 2004 to December 11, 2004. 50% General, 50% Federal Funds.

#85 Authorized to retroactively amend and extend a sole source agreement with Davis and Towle Insurance and Financial Services, Penacook, NH, (previously approved by G&C on 10-9-02, item #88, amended on 11-5-03, item #67), to purchase general liability insurance for foster parents, by increasing the price limitation from $127,578 to $202,446, an increase of $74,868, and by extending the completion date from October 11, 2004 to October 11, 2005. 38% General, 50% Federal, 12% Other Funds.

#86 Authorized to retroactively enter into an agreement with Lutheran Community Services of NH, Concord, NH, for provision of a 15-bed female short-term staff secure shelter care facility in Antrim, NH, in the amount of $1,997,907. Effective July 1, 2004 through June 30, 2006. 51% General, 32% Federal, 17% Other Funds.

#87 Authorized to retroactively enter into an agreement with NFI North, Inc., Contoocook, NH, for provision of a 15-bed co-ed short-term staff secure shelter care facility in Jefferson, NH, in the amount of $2,300,738. Effective July 1, 2004 through June 30, 2006. 51% General, 32% Federal, 17% Other Funds.

#88 Authorized to retroactively enter into an agreement with NFI North, Inc., Contoocook, NH, for $2,215,862. Effective July 1, 2004 through June 30, 2006. 51% General, 32% Federal, 17% Other Funds.

New Hampshire Hospital
#89 Authorized to accept the non-monetary donations from the NH Hospital Association, Concord, NH, through the Health Resources and Services Administration Bio-Terrorism Hospital Preparedness Program Grant, as detailed in letter dated September 28, 2004.

#90 Authorized to accept a non-monetary donation of 228 jars of ceramic glazes with a market value of $684.

#91 Authorized to reclassify position #30882 from the level of Laundry Worker III, salary grade 7, to the level of Mental Health Worker III, salary grade 13.

#92 Authorized to reclassify vacant position #16460 from the level of Executive Secretary, salary grade 11, to the level of Dietitian Assistant, salary grade 11.

#93 Authorized to enter into a retroactive Educational Tuition Agreement with College for Life Long Learning, Bow, NH, for Donna Thoroughgood to participate in the Stress: Its Impact on the Family Health and Society course and to pay said costs in the amount of $1,521. Effective October 15, 2004 through December 11, 2004. 67% General, 33% Federal Funds.

#94 Authorized to amend a Consultants List (previously approved by G&C on 6-25-03, item #263, amended on 9-17-03, item #94), by adding Cynthia Hansen, Henniker, NH, and Jeffrey Mills, Concord, NH, as substitute teachers at the rate of $12 per hour. Effective upon G&C approval through June 30, 2005. 100% General Funds.

#95 NOT USED

Division of Behavioral Health
#96 Authorized to amend a contract with Lakes Region Consumer Advisory Board, Laconia, NH, (previously approved by G&C on 6-23-04, item #209), to provide peer support services by increasing the price limitation by $6,126 from $122,352 to $128,478. Effective retroactive to September 1, 2004 through November 30, 2004. 100% Federal Funds.

#97 Authorized to amend a contract with On The Road Recovery, Inc., Manchester, NH, (previously approved by G&C on 6-23-04, item #212), to provide peer support services by increasing the price limitation by $4,875 from $378,111 to $382,986. Effective retroactive to September 1, 2004, through November 30, 2004. 100% Federal Funds.

NEW HAMPSHIRE VETERANS HOME
The Governor and Council acted as follows:

#98 Authorized to accept monies totaling $14,173.21 received during the period of July 1, 2004 to September 30, 2004, as a result of fundraising drives from various organizations and from personal contributions as detailed in letter dated October 18, 2004. These monies are placed in the Veterans Home Benefit Fund.

#99 Authorized to reclassify position #41702, Health Facilities Cleaner Supervisor, Labor Grade 12, to a Maintenance Mechanic II, Labor Grade 12.

#100 Authorized to reclassify position #41706, Medical Records Technician II, Labor Grade 11, to a Recreation Therapy Assistant II, Labor Grade 11.

#101 Authorized to reclassify position #41707, Medical Typist I, Labor Grade 7, to a Switchboard Operator I, Labor Grade 8.

#102 Authorized to reclassify position #41708, Medical Typist I, Labor Grade 7, to a Switchboard Operator I, Labor Grade 8.

#103 Authorized to reclassify position #41710, Medical Typist I, Labor Grade 7, to a Chauffeur, Labor Grade 7.

#104 Authorized to accept and expend federal funds from the Department of Veterans Affairs as reimbursement for medications purchased for NH Veterans Home residents receiving Aid & Attention in the amount of $586,000. Effective upon G&C approval through June 30, 2005.

#105 Authorized to enter into a sole source purchasing contract with McKesson Pharmaceutical, Methuen, MA, to provide medications for the NH Veterans Home residents, in the total amount not to exceed $5,324,000. Effective upon G&C approval through June 30, 2008. 2% General, 94% Federal, 4% Other Funds.

DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:

#106 Authorized to pay FY 04 travel expenses with FY 05 budgeted appropriations in reimbursing Jean Hillier for a total expenditure of $187.87. 100% Federal Funds.

#107 Authorized to pay FY 2005 Council of State Administrators of Vocational Rehabilitation annual dues in an amount not to exceed $8,152. 60% General, 40% Federal Funds.

#108 Authorized to establish one Program Assistant I position through June 30, 2005, as specified in letter dated October 20, 2004. 100% Federal Funds. Fiscal Committee approved.

#109 Authorized to accept and expend additional grant funds in the amount of $25,505 and budget and expend prior year unexpended funds in the amount of $523,280 for a total of $548,785 from the US Department of Education to assist the teachers, administrators, and Limited English Proficient students in the local school systems to reach the same academic standards as their peers during the year ending June 30, 2005. 100% Federal Funds.

#110 Authorized to grant funds to the NH School Administrators Association in the amount of $1,750 to support the 18 th Annual New England Christa McAuliffe Technology Conference – 2004 to be held on November 30, December 1, and 2, 2004 at the Sheraton Nashua Hotel, Nashua, NH. 100% Federal Funds.

#111 Authorized to enter into a contract with Document Archives and Imaging, Manchester, NH, to archive federal records by scanning onto CD-ROM, in an amount not to exceed $37,000. Effective upon G&C approval through June 30, 2006, pending legislative approval of the next biennial budget. (2)Further Authorized a waiver of the 25% withholding provision in accordance with the NH Code of Administrative Rules 311.07 (a)(5) and Authorized payment for services rendered and approved in lieu of withholding at least 25%. 100% Federal Funds.

#112 Authorized to exercise its renewal option and enter into a contract with Jacqueline Dunaway dba DEE Associates, sole proprietor, Woodstock Valley, CT, (previously approved by G&C on 6-25-03, Late Item #B) to fulfill the federal requirement for an outside evaluator to provide performance auditing and evaluating services on projects funded by Special Education Grants, for an amount not to exceed $65,500. (2)Further Authorized a waiver of Section 311.07 (q)(5) NH Code of Administrative Rules and to make payment on 100% of the expenditures listed on the monthly invoices, providing that all is otherwise correct and acceptable. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#113 Authorized to enter into a contract with Arthur Ray Doughty, sole proprietor, Fort Mill, SC, to provide facilitation services for the integrated learning arts project in an amount not to exceed $3,500. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#114 Authorized to enter into a contract with Bennett Daviss, sole proprietor, Walpole, NH, to provide grant writing services for the integrated learning arts project in an amount not to exceed $3,500. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#115 Authorized to enter into a sole source contract with Granite State Independent Living, Concord, NH, to retroactively provide independent living services, in an amount not to exceed $162,000. Effective October 1, 2004 through September 30, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the contract. 100% Federal Funds.

#116 Authorized Division of Adult Learning and Rehabilitation to enter into a retroactive contract with Odyssey House Inc., Dover, NH, to provide youth services, employment, and training, as defined in Public Law 105-220 in one NH community, Manchester, NH, in an amount not to exceed $7,699. (2)Further Authorized to make advanced monthly payments for services provided under the terms of the contract. (3)Further Authorized to withhold 10% of the contract total instead of the 25% withholding provision f the contract price in accordance with the NH Code of Administrative Rules 311.07 (a)(5). Effective October 1, 2004 to November 30, 2005 pending legislative approval of the next biennial budget. 100% Other Funds.

#117 Authorized Division of Adult Learning and Rehabilitation to enter into a retroactive contract with Jobs for NH Graduates, Manchester, NH, to provide youth services, employment, and training, as defined in Public Law 105-220 in Exeter, NH, in an amount not to exceed $63,363. (2)Further Authorized to make advanced monthly payments for services provided under the terms of the contract. (3)Further Authorized to withhold 10% of the contract total instead of the 25% withholding provision f the contract price in accordance with the NH Code of Administrative Rules 311.07 (a)(5). Effective August 15, 2004 through June 30, 2005 pending legislative approval of the next biennial budget. 100% Other Funds.

#117A Authorized the Department of Safety and the Division of Motor Vehicles to grant funds in the amount of $149,764 to the Department of Education for the purpose of providing courses of instruction and training in safe motor vehicle driving conducted in or under the supervision of secondary schools for FY 2005. (2)Further Authorized to accept and expend funds in the amount of $149,764 from the NH Department of Safety, Division of Motor Vehicles as detailed in letter dated September 23, 2004. 100% Other Funds.

#117B Authorized the Division of Adult Learning and Rehabilitation, Services for Blind and Visually Impaired, to accept eight donations totaling $320 in the memory of Genevieve Jatkola and ten donations totaling $735 in memory of Marion Rehler.

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

#118 Authorized to reclassify position #41665, Secretary II, Labor Grade 9, to a Program Assistant I, Labor Grade 12. 100% Other Funds.

#119 Authorized to retroactively amend the contractual agreement with Susan Brookhart, Ph.D., Helena, MT, for the purpose of evaluating services under the grant entitled “Funds for the Improvement of Postsecondary Education” as funded by the US Department of Education by increasing the contract in the amount of $4,000, amending the total form $12,500 to $16,500, and extending said agreement from August 31, 2004 through December 31, 2004. 100% Federal Funds.

POLICE STANDARDS & TRAINING COUNCIL
#119A The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Burton, Authorized to accept and expend grant funds in the amount of $496,750 from the US Department of Justice, Community-Oriented Policing Office for technology infrastructure to create a recruit wireless network at the NH Police Standards & Training Facility. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#119B NOT USED

DEPARTMENT OF SAFETY
The Governor and Council acted as follows:

#120 Authorized Division of Fire Standards and Training and Emergency Medical Services to accept and expend a grant of $106,013 from the US Department of Transportation, Research and Special Programs Administration for a Hazardous Materials Emergency Preparedness planning and training grant. (2)Further Authorized to enter into grant agreements with the Regional Hazardous Materials Teams and Emergency Services, as detailed in letter dated October 26, 2004, for a total of $64,500 for activities associated with the development and implementation of emergency plans under the Emergency Planning and Right-to Know Act. Effective upon G&C approval through September 30, 2005.

#121 Authorized Bureau of Emergency Communications an exemption from NH Purchasing Rule number 607.03 (c) which limits the size of an agency’s fleet to purchase a Command Center Type Communications and surveillance vehicle for $270,000. 100% Federal Funds.

#122 Authorized the donation of one 15-month old male German Shepherd dog from Trooper Charles George. The animal is valued at $1,200 and meets the criteria for a police canine.

#123 Authorized Division of Fires Standards/EMS to transfer $74,590, as specified in letter dated October 20, 2004. Fiscal Committee approved.

#124 Authorized Division of State Police to accept and expend a $163,853 grant titled “DNA Backlog Reduction” for the US Department of Justice for the purpose of assisting in overtime to reduce backlogs. Effective upon G&C approval through April 30, 2006.

#125 Authorized Division of Fire Standards and Training to accept and expend a Juvenile Fires Setter Intervention Technical Assistance grant from the National Association of State Fire Marshals, in the amount of $6,000. Effective upon G&C approval through June 30, 2005.

#126 Authorized to retroactively accept and expend a grant from the Department of Justice to purchase enhanced security protection equipment for the Department of Safety headquarters building, in the amount of $100,000. Effective July 16, 2003 through June 30, 2005. 100% Federal Funds.

#127 Authorized to retroactively accept and expend a grant from the Department of Justice to purchase dosimeters, radiological monitoring kits and calibration kits for use by local first responders, in the amount of $550,000. Effective July 16, 2003 through June 30, 2005. 100% Federal Funds.

#128 Authorized Department of Safety to retroactively accept and expend a grant from the Department of Justice to purchase eligible bomb squad materials for the NH State Police Bomb Squad, in the amount of $62,962. Effective July 16, 2003 through June 30, 2005. 100% Federal Funds.

#129 Authorized Department of Safety to retroactively accept and expend a grant from the Department of Justice to purchase respiratory equipment for the NH State Police Bomb Squad, in the amount of $62,962. Effective July 16, 2003 through June 30, 2005. 100% Federal Funds.

#130 Authorized Division of Motor Vehicles to accept and expend a $494,739 grant entitled, “FY 2004 BJA Award” from the US Department of Justice for the purpose of deploying a computerized driver license system. Effective upon G&C approval through September 30, 2005.

#131 Authorized Division of Motor Vehicles to accept and expend a grant from the NH Highway Safety Agency for the Fatal Accident Reporting System, in the amount of $29,353.54. Effective upon G&C approval through September 30, 2005.

#132 Authorized Division of State Police to accept and expend a US Department of Justice, FY 2004 BSA Congressionally Mandated Award in the amount of $1,484,216. Effective upon G&C approval through September 2006. 100% Federal.

#133 Authorized Department of Safety contract with Joyce Janitorial of Lakeport, NH, for cleaning services in the amount of $10,419. Effective retroactive to July 1, 2004 through June 30, 2005.

#134 Authorized Department of Safety to retroactively extend the dates of the grants, as detailed in letter dated October 28, 2004, awarded by the NH Department of Justice from June 30, 2004 to June 30, 2005. 100% Federal Funds.

#135 Authorized to grant a $235,000 Homeland Security Training Grant from the FY 2004 State Homeland Security Program to the Police Standards and Training Council to provide Homeland Defense Training statewide. (2)Further Authorized to accept and expend $235,000 from the NH Department of Safety to create and provide approved homeland defense training to NH law enforcement officers, including training on chemical, biological, radiological and nuclear threats in order to better protect the citizens of NH. Effective upon G&C approval through November 30, 2005.

#136 Authorized Division of State Police to enter into a memorandum of understanding with the Department of Transportation to fund $154,000 for the purchase of close range photogrammetry and ancillary equipment, to include training for the purpose of improving passage of roadways after accidents have occurred.

#137 Authorized Division of Fire Standards and Training and Emergency Medical Services to enter into a five-year Bailment Agreement with the US Government, Naval Air Warfare Center Training Systems Division, to provide a Mobile Augmented Reality Fire Fighting Trailer. Effective upon G&C approval.

#138 Authorized Division of Motor Vehicle to retroactively enter into a lease amendment with One Dow Court, Inc., (previously approved by G&C in 10/98, item #78, amended on 12-3-03, item #56), for sub-station space from November 1, 2004 to April 30, 2005, for an amount not to exceed $22,785. 100% Highway.

#139 Authorized Division of Fire Standards and Training/EMS to enter into a sole source $11,550 contract with Honeywell Inc., Manchester, NH, to repair a faulty compressor system at the fire academy. Effective upon G&C approval through June 30, 2005. 100% Revolving Funds.

#140 Authorized to enter into a sole source lease with 14 A Broad Street LLC, Nashua, NH, for exclusive use of a 35,600 square foot building in Belmont, NH, for the storage of Division of Safety Services Marine Patrol boats, at a cost of $151,300 per year, including the split of the property tax bill. 100% Revolving Funds.

#141 Authorized to deny the permit application of Deer Cove Condominium Association located on Ossipee Lake in Ossipee, NH, for expansion of their congregate mooring field. Deer Cove Condominium Association is requesting an increase of 15 moorings for a total of 34 moorings.

#141A Authorized Division of Fire Standards and Training and EMS Bureau of Emergency Medical Services to contract with The Inn at Mills Falls, Meredith, NH, to provide meals and facility space for the 4 th Annual State of NH Trauma System Conference to be held on November 10, 2004, for up to the amount of $3,200. Effective upon G&C approval.

DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:

#142 Authorized Bureau of Human Resources to reclassify position #19668, Trades Helper, labor grade 7, to Automotive Service Technician, labor grade 10, in the Bureau of Mechanical Services.

#143 Authorized to accept and place on file the Bureau of Right-of-Way’s Contemplated Award List for the period of October 6, 2004 through October 20, 2004.

#144 Authorized Bureau of Rail & Transit to exercise the state’s right of first refusal on a parcel of land comprising a portion of an abandoned railroad corridor in Rochester, for the purchase price of $15,000, from the Boston and Maine Corporation. (2)Further Authorized that the title be transferred directly from the Boston and Maine Corporation to the City of Rochester pursuant to the right of first refusal. The City will provide the funds for the purchase of this property.

#145 Authorized to quitclaim to the Town of Loudon the roadway know as Staniels Rd. This section of roadway was acquired and constructed as part of the Class II Highway with the understanding that once this roadway was completed, it would be turned over to the Town of Loudon as a Class V Highway.

#146 Authorized to quitclaim to the Town of Seabrook the roadway known as the Seabrook Access Road. This roadway was acquired as part of the Class II Highway with the understanding that once this roadway was completed it would be turned over to the Town of Seabrook as a Class V Highway.

#147 Authorized to enter into agreements with the municipalities of Bedford, Claremont, Derry, Dover, Dublin, Hooksett, Keene, Lebanon, Littleton, Portsmouth, Rochester, and Tamworth delineating duties and responsibilities of both the State and the municipality in providing funding and services necessary for completing a total of 20 State Aid Class I, II, and III Highway program and Federal Aid program projects involving Class II and Class IV and V Highways.

#148 Authorized the Construction Bureau to amend the contract with D.R. Key, Corporation of Lebanon, NH, (previously approved by G&C on 7-28-04, item #109), for the construction of paved bicycle and pedestrian pathways in the City of Lebanon and Town of Hanover, by increasing the amount by $24,500 from $358,079.50 to $382,579.50.

#149 Authorized the Construction Bureau to amend the contract with Alvin J Coleman & Son, Inc., Conway, NH, (previously approved by G&C on 4-7-04), for replacing the existing wire signal, adding a right turn lane to NH Route 16 NB at the intersection of NH Route 16 and NH Route 109 and rehabilitation of an existing arch pipe that carries the Branch River south of the intersection, by increasing the amount by $26,000 from $387,687 to $413,687.

#150 Authorized Bureau of Rail & Transit to expend an amount not to exceed $100,000 from the Special Railroad Fund to pay Commercial Paving & Recycling Co., for the disposal of 15,000 old railroad crossties and other creosote wood products removed from state-owned railroad rehab projects, as specified in letter dated October 20, 2004. Fiscal Committee approved.

#151 Authorized Bureau of Highway Maintenance to extend an agreement with North Winds Weather, Center Sandwich, NH, (previously approved by G&C on 10-23-02, item #91), for the purpose of providing statewide weather forecasting coverage for the Department’s six Maintenance Districts and Turnpikes, by increasing the contract amount by $8,196, from $16,164 to an amended total of $24,360, and extend the contract through June 30, 2005. 100% Highway.

#152 Authorized Bureau of Highway Design to enter into an agreement with Clough, Harbour & Associates LLP of Keene, NH, for a time-and-materials fee not to exceed $2,500,000. Effective upon G&C approval through 48 months from the date of notice to proceed.

#153 Authorized Bureau of Environment to amend the agreement with Jacques Whitford Company, Inc., Portsmouth, NH, (previously approved by G&C on 4-2-03, item #95), for hazardous materials consulting services, by increasing the total amount payable by $200,000 from $300,000 to $500,000. Effective through April 2, 2006.

#154 Authorized Bureau of Human Resources to enter into a sole source contract with Federal Highway Administration Finance Division, National Highway Institute, Washington, DC, for an amount not to exceed $80,000 for training in Federal FY 2005.

#155 NOT USED

#156 Authorized Bureau of Public Works to enter into a contract with TMC Services, Inc., Bellingham, MA, for underground storage tank replacement, statewide, for a lump sum price of $189,830.

#157 Authorized Bureau of Public Works to enter into a contract with Dellagatta Contracting Company Inc., Nashua, NH, for lecture hall renovations, Concord, NH, for a lump sum price of $118,976.

#158 Authorized Bureau of Public Works to enter into a contract with D.L. King & Associates, Inc., Nashua, NH, for replacement of defective flooring, Concord, NH, for a lump sum price of $77,150.

#159 Authorized Bureau of Construction contract with Pike Industries, Inc., Belmont, NH, for pavement rehabilitation and safety work along NH Route 11 beginning at the New Durham Town Line, proceeding west approximately 4.1 miles to the NH Route 11 Meeting House Hill Road intersection and paving a leveling course and 1 ½ “ wearing course and drainage improvements, on the basis of a single bid of $1,260,419350. Effective upon G&C approval through July 1, 2005.

#160 Authorized Bureau of Construction contract with CWS Fence & Guardrail Co., Andover, NH, for repair of guardrail damaged by vehicles on state roads in District I, III, V, and VI, on the basis of a low bid of $125,420. Effective upon G&C approval through May 30, 2005.

#161 Authorized Bureau of Construction contract with CWS Fence & Guardrail Co., Andover, NH, for repair of guardrail damaged by vehicles on state roads in District V, on the basis of a low bid of $136,965. Effective upon G&C approval through May 30, 2005.

#162 Authorized Bureau of Construction contract with CWS Fence & Guardrail Co., Andover, NH, for repair of guardrail damaged by vehicles on state roads in Districts II, and V, on the basis of a low bid of $121,740. Effective upon G&C approval through May 30, 2005.

#163 Authorized Bureau of Construction contract with S&R Corporation, Lowell, MA, for the demolition of the Overhead Door Company, Inc., Nashua, NH, on the basis of a low bid of $223,000. Effective upon G&C approval through December 17, 2004.

#164 NOT USED

#165 TUITION REQUESTS

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

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,021.00 for the sole purpose of enrolling Janet Paddack, Professor, in the course entitled “Multi Media Tools in Education and Electronic Portfolio Development / Assessment”.

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,021.00 for the sole purpose of enrolling Frances Seigle, Professor, in the course entitled “Research Design”.

C. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $2,567.75 for the sole purpose of enrolling Patricia North, Air Pollution Control Engineer III, in the courses entitled “Disease Ecology” and “Public Health Law”.

D. HEALTH & HUMAN SERVICES, Office of Research and Analysis - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,360.00 for the sole purpose of enrolling Adrian Henderson, Administrator III, in the course entitled “Creating Organizational Health”.

E. TRANSPORTATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $2,920.00 for the sole purpose of enrolling Bryant Bullard, Civil Engineer I, in the courses entitled “Quantitative Business Analysis”, “Financial Accounting”, “Technology and Operations Management” and “Managerial Accounting”.

F. TRANSPORTATION - Request permission to pay Hesser College, Concord, NH, the sum of $337.50 for the sole purpose of enrolling Eric Healey, Carriage Operator, in the course entitled “Personnel Management”.

G. TRANSPORTATION - Request permission to pay Hesser College, Concord, NH, the sum of $337.50 for the sole purpose of enrolling Eric Healey, Carriage Operator, in the course entitled “Introduction to Business Law”.

H. TRANSPORTATION - Request permission to pay Franklin Pierce College, Portsmouth, NH, the sum of $336.00 for the sole purpose of enrolling Robert Spinney, Bridge Maintainer II, in the course entitled “Small Business Management”.

#166 TRAVEL REQUESTS

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

A. SAFETY, Fire Standards and Training - Request permission for (1) employee, Bruce McPherson, Bureau Chief or designee, to travel to Emmitsburg, MD, on December 5 – 17, 2004, to attend the Executive Fire Officer Program R125: Executive Leadership. Permission is also requested for a waiver to exceed the 300-mile radius by state vehicle. Total Cost: $682.00. Source of Funds: 100% Fire & Ems Funds. Registration Fee: $216.00.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, voted to remove item #35- which was tabled at the October 20, 2004 Meeting.

NH FISH AND GAME DEPARTMENT
#35 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, voted to approve the request to enter into a sole source contract with Roger Stephenson, dba Stephenson Strategic Communications, for fundraising efforts for the Non-game and Endangered Wildlife Program, in an amount not to exceed $27,280. Effective upon G&C approval through September 30, 2006. 100% Fish and Game.

Next Governor and Executive Council meeting is scheduled for Wednesday, December 1, 2004 at 10:00 a.m. at The State House, Concord, NH.

The Honorable Board then Adjourned

 

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