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Minutes
December 15, 2004
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
December 15, 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 Wheeler, seconded by Councilor Burton, accepted the minutes of December 1, 2004.

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Burton approved the appointment of several persons nominated for Civil Commissions from the December 1, 2004 meeting.

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

The Governor and Executive Council swore into office the following representatives-elect:

Grafton County District 8
Burton W. Williams, r&d, Bristol (222 Cardigan Mountain Road) 03222

Grafton County District 9
Sharon L. Nordgren, d, Hanover (23 Rope Ferry Rd) 03755

Hillsborough County District 7
Robert L. Wheeler, r&d, Goffstown (PO Box 455) 03045

Hillsborough County District 18
Edward P. Moran, r, Bedford (19 Ministerial Road) 03110

Hillsborough County District 22
David L. Smith, d, Nashua (12 Gettysburg Drive) 03064-1235

Hillsborough County District 27
Peter R. Goyette, Jr., r, Hudson (6 Linda Street) 03051

Merrimack County District 6
Claire D. Clarke, d, Boscawen (437 Daniel Webster Hwy) 03303

Rockingham County District 8
Roger G. Wells, r&d, Hampstead (4 Fieldstone Drive) 03841

Rockingham County District 9
Robert K. Dodge, r, Fremont (92 Bean Road #3) 03044

Strafford County District 4
Katherine L. Taylor, d, Dover (5 Country Club Estates) 03820

The Governor and Council, on motion of Councilor Griffin, seconded by Councilor Spaulding, voted to set the date for a special election for state representative in Strafford County District No.3.

RESIGNATIONS

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

Air Resources Council
Public Member  
William M. Clifford, Manchester Effective: December 15, 2004
 
Ballot Law Commission
Wayne Semprini, New Castle Effective: December 15, 2004
 
Midwifery Council
Virginia M. Chapman, Sanbornton Effective: December 15, 2004
 
Board of Nursing - Councilor Griffin voted no.
Richard S Brothers, Thornton Effective: December 15, 2004

CONFIRMATIONS

The Governor and Council confirmed the following:

American and Canadian French Cultural Exchange Commission
Emile D. Beaulieu, Goffstown Effective: December 15, 2004
Replacing Margaret S Langford, Keene Term: July 17, 2010
 
Division for Children, Youth, and Families Advisory Board
Melissa A. Gould, Woodsville Effective: December 15, 2004
Replacing Cheryl Molloy, Alexandria Term: July 1, 2006
 
Compensation Appeals Board - Councilor Griffin voted no.
Employment/Insurer
Tom Jordan, Manchester Effective: December 15, 2004
Filling Vacancy Term: February 13, 2006
 
Current Use Advisory Board
Representing Assessing Official in a City
David S. Woodward, Milan Effective: December 15, 2004
Replacing Kathryn Temchack, Laconia Term: March 15, 2006
 
Employment Security Appellate Board - Councilor Griffin voted no.
Labor
Jean Brassard, Bow Effective: December 15, 2004
Replacing Richard Fudala Term: August 23, 2008
 
Board of Foresters - Councilor Griffin voted no.
Public Member
David W. Tellman, Whitefield Effective: December 15, 2004
Replacing Thomas N Thomson, Orford Term: August 22, 2009
 
Health Services Planning and Review Board
Represents Association of Counties
William F. Sturtevant, Exeter                   Effective: December 15, 2004
Newly Created Position Term: December 15, 2007
 
Board of Licensing for Alcohol and Other Drug Abuse Professionals
Lloyd S Doughty II, Epsom Effective: December 15, 2004
Filling Vacancy Term: January 28, 2006
 
State Board for the Licensing and Regulation of Plumbers - Councilors Griffin and Wieczorek voted no.
Public Member
Robert A Hill, Bow Effective: December 15, 2004
Filling Vacancy Term: February 3, 2007
 
McAuliffe Planetarium Commission
Richard Ashooh, Bedford Effective: December 15, 2004
Reappointment Term: September 19, 2007
 
McAuliffe Planetarium Commission
Karen Bianco, Gilford Effective: December 15, 2004
Reappointment Term: September 19, 2007
 
McAuliffe Planetarium Commission - Councilor Griffin voted no.
Education Community
Gregory G. Carson, Londonderry Effective: December 15, 2004
Replacing Nicholas Donohue, Concord Term: September 19, 2007
 
McAuliffe Planetarium Commission
Educations Community
Antoinette B. Galvin, Portsmouth Effective: December 15, 2004
Reappointment Term: September 19, 2007
 
McAuliffe Planetarium Commission
William Lambrukos, Concord Effective: December 15, 2004
Reappointment Term: September 19, 2007
 
McAuliffe Planetarium Commission
Erle Pierce, Bow Effective: December 15, 2004
Replacing Francis J Haines Jr., North Sutton Term: October 10, 2007
 
McAuliffe Planetarium Commission
Daniel St. Hilaire, Penacook Effective: December 15, 2004
Replacing David W Davis, Keene Term: September 19, 2007
 
Mental Health Practice Board
Public Member
Yvonne Cyr Bresnahan, Manchester Effective: December 15, 2004
Filling Vacancy Term: February 17, 2005
 
Public Water Access Advisory Board - Councilor Griffin voted no.
Lakes Association
Maynard Goldman, Grantham Effective: December 15, 2004
Replacing Kathleen Paine, Concord Term: October 27, 2007
 
Real Estate Appraisers Board - Councilor Griffin voted no.
Michael F. Wihby, Manchester Effective: December 15, 2004
Replacing Alfred C Lerandeau Term: May 13, 2007
 
Rivers Management Advisory Committee
Historical/Archaeological
Wesley R. Stinson, Concord Effective: December 15, 2004
Reappointment Term: June 15, 2007
 
New Hampshire Victims Assistance Commission
Jo Davidson, Hollis Effective: December 15, 2004
Reappointment Term: December 15, 2007
 
New Hampshire Victims Assistance Commission
David Gruette, Barnstead Effective: December 15, 2004
Reappointment Term: December 15, 2007
 
New Hampshire Victims Assistance Commission
Dennis Harney, Concord Effective: December 15, 2004
Reappointment Term: December 15, 2007
 
Wetlands Council
Municipal Conservation Commission
Camilla C. Lockwood, Chester Effective: December 15, 2004
Reappointment Term: November 21, 2007

CONFIRMATION FAILED

Fish and Game Commission - Councilors Spaulding, Griffin, and Wieczorek voted no.
Belknap County
Craig W Hale, Center Harbor

NOMINATIONS

The Governor placed into nomination the following:

Air Resources Council
J. Ryan Bielagus, Amherst Effective: Upon Confirmation
Filling Vacancy Term: December 6, 2007
 
Ballot Law Commission
Stephen Duprey, Concord Effective: Upon Confirmation
Filling Vacancy Term: January 21, 2008
 
Business Finance Authority
Stephen Duprey, Concord Effective: Upon Confirmation
Replacing William Veroneau, Penacook Term: November 3, 2007
 
Business Finance Authority
Wayne Semprini, New Castle Effective: Upon Confirmation
Replacing Charlton MacVeagh Jr., Marlborough Term: November 3, 2007
 
Fire Control Board
Forest Fire Warden
Jeff M. Brown, Seabrook                                              Effective: Upon Confirmation
Replacing Brent Lemire, Litchfield Term: September 27, 2009
 
Hazardous Waste Facility Siting Board
Burnham Judd, Pittsburg Effective: Upon Confirmation
Reappointment Term: December 28, 2008
 
Hazardous Waste Facility Siting Board
Thomas Roy, Concord Effective: Upon Confirmation
Reappointment Term: December 28, 2008
 
Hazardous Material Transportation Advisory Board
Public Member
R. James Steiner, Concord Effective: Upon Confirmation
Replacing Kendall Hughes, Ashland Term: January 30, 2007
 
Healthy Kids Subcommittee
Carlos Gonzalez, Manchester Effective: Upon Confirmation
Replacing Linda Garrish, Manchester Term: July 10, 2006
 
Human Rights Commission
Griffin T. Dalianis, Nashua Effective: Upon Confirmation
Replacing Arthur L Hilson, Portsmouth Term: November 1, 2009
 
Juvenile Justice Advisory Board
Jay M. Cadorette, Greenland   Effective: Upon Confirmation
Replacing Doris Ballard, Bow Term: October 18, 2007
 
Juvenile Justice Advisory Board
Christopher J. Wood, Concord Effective: Upon Confirmation
Replacing Patricia Dowling, Derry Term: September 20, 2008
 
Midwifery Council
Midwife
Carol Leonard, Hopkinton Effective: Upon Confirmation
Filling Vacancy Term: September 28, 2007
 
Moorings Appeals Board
Walter D. Kilian, Mont Vernon Effective: Upon Confirmation
Reappointment Term: October 28, 2007
 
Public Water Access Advisory Board
Governor's Commission on Disability
Cheryl L. Killam, Newton Effective: Upon Confirmation
Replacing Ross A Doerr, Concord Term: October 27, 2007
 
Commission on the Status of Men
Lee Newman, Raymond Effective: Upon Confirmation
Filling Vacancy Term: August 13, 2006

OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

#1 Authorized to amend the Fuel Assistance Program contract with Southwestern Services, Inc., Keene, NH (previously approved by G&C on 7-14-04, item #11E), by increasing the amount from $1,217,038 by $697,154 to an amount not to exceed $1,914,192. 100% Federal Funds.

#2 Authorized to amend the Fuel Assistance Program contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH (previously approved by G&C on 7-14-04, item #11D), by increasing the amount from $1,632,191 by $949,439 to an amount not to exceed $2,581,630. 100% Federal Funds.

#3 Authorized to amend the Fuel Assistance Program contract with Rockingham Community Action, Inc., Portsmouth, NH (previously approved by G&C on 7-14-04, item #C), by increasing the amount from $1,150,556 by $727,455 to an amount not to exceed $1,878,011. 100% Federal Funds.

#4 Authorized to amend the Fuel Assistance Program contract with Strafford County Community Action Committee, Inc., Dover, NH (previously approved by G&C on 7-14-04, item #11B), by increasing the amount from $809,665 by $517,543.60 to an amount not to exceed $1,327,208.60. 100% Federal Funds.

#5 Authorized to enter into a contract with Rockingham Community Action, Inc., Portsmouth, NH, to repair or replace malfunctioning heating systems in low-income households, in an amount not to exceed $40,364. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#6 Authorized to enter into a contract with Southern New Hampshire Services, Inc., Manchester, NH, to repair or replace heating systems in low-income households, in an amount not to exceed $121,581. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#7 Authorized to enter into a contract with Tri-County Community Action, Inc., Berlin, NH, to repair or replace malfunctioning heating systems in low-income households, in an amount not to exceed $84,869. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#8 Authorized to enter into a contract with Strafford County Community Action Committee, Inc., Dover, NH, to repair or replace malfunctioning heating systems in low-income households, in an amount not to exceed $47,157. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#9 Authorized to enter into a contract with Southwestern Community Services, Keene, NH, to repair or replace malfunctioning heating systems in low-income households, in an amount not to exceed $74,256. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#10 Authorized to enter into a contract with Community Action Program Belknap-Merrimack Counties, Inc., Concord, NH, to repair or replace malfunctioning heating systems in low-income households, in an amount not to exceed $131,773. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

EXECUTIVE – Office of the Governor

#10A The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to of the Department of Health and Human Services to make grant payments totaling $142,974.76 for disaster assistance relief to the communities as detailed in letter dated November 30, 2004, in the indicated amounts. Effective upon G&C approval through June 30, 2005.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

#11 Authorized under the Community Development Block Grant Program to amend an existing agreement with Rockingham County, Brentwood, NH, (previously approved by G&C on 11-13-02, item #2A), for the purpose of making a loan to a private, for-profit business, Bailey’s Crossing LLC dba Kiddie Academy, and to provide employee training, by extending the end date from December 31, 2004 to December 31, 2005.

#12 Authorized to amend an existing agreement with Cheshire County, Keene, NH, (previously approved by G&C on 8-13-03, #item #198), for the housing rehabilitation project, by changing the end date from December 31, 2004 to June 30, 2005.

#13 Authorized under the Community Development Block Grant Program to amend an agreement with the Town of Lisbon, NH, (previously approved by G&C on 12-17-03, item #18), for the purpose of assisting Affordable Housing, Education and Development Inc. in the development of “The Lisbon Renewal” project, by increasing the price limitation by $350,000 for a new total of $700,000.

#14 Authorized under the Community Development Block Grant Program to amend an existing agreement with the Town Seabrook, NH, (previously approved by G&C on 1-7-04, item #4), for the purpose of rebuilding the town’s fishing pier, by extending the end date from December 31, 2004 to December 31, 2005.

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#15 Authorized the list of individuals, as detailed in letter dated December 2, 2004, be commissioned as Aides-de-Camp to the Governor in the ranks as indicated, effective January 6, 2005.

#16 Authorized Eugene R Mozzoni, Dover, NH, be confirmed for promotion to the rank of Major, NH Air National Guard.

#17 Authorized Patrick J Racz, Bristol, NH, be confirmed for promotion to the rank of Major, NH Air National Guard.

#18 Authorized Michael J Mawson, Dover, NH, be confirmed for promotion to the rank of Lieutenant Colonel, NH Air National Guard.

#19 Authorized Ricky J Maffei, Nottingham, NH, be confirmed to the rank of Colonel, NH Air National Guard.

#20 Authorized Gretchen S Dunkelberger, Eliot, Me, be confirmed to the rank of Colonel, NH Air National Guard.

#21 Authorized Deborah L Carter, Lee, NH, be confirmed to the rank of Colonel, NH Air National Guard.

#22 Authorized to establish one Consultant position through June 30, 2005, not September 30, 2005, as specified in letter dated November 23, 2004. Fiscal Committee approved.

#23 Authorized to establish three Equipment Operator positions through June 30, 2005, as specified in letter dated November 23, 2004. Fiscal Committee approved.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#24 Authorized Bureau of Court Facilities to enter into a contract with T.J.B, Inc., Londonderry, NH, for snow and ice removal services in the amount not to exceed $24,800 for Hillsborough County Superior Court North and the Manchester District Court. Effective upon G&C approval through April 30, 2006.

#25 Authorized Bureau of Court Facilities to enter into a contract with John Prokop of Atkinson, NH, for snow and ice removal services in the amount not to exceed $35,600 for Rockingham County Courthouse. Effective upon G&C approval through April 30, 2006.

#26 Authorized Bureau of Court Facilities to enter into a contract with Property Maintenance Service of Hudson, NH, for snow and ice removal services in the amount not to exceed $42,200 for Hillsborough County Superior Court South and Nashua District Court. Effective upon G&C approval through April 30, 2006.

#27 Authorized to renew a statewide contract with Legal Files, Inc., Springfield, IL, to purchase software products that address legal case management solutions up to $200,000. Effective upon G&C approval through June 30, 2008.

#27A The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin authorized the request to accept one Christmas tree to be placed at the State House. The tree is being donated by the NH Christmas Tree Promotion Board and is being provided by the Nicholas Tree Farm in Orford, NH.

#27B Authorized to accept and place on file a list of agency transfers for fiscal year 2005 during the month of November.

#27C Authorized a Working Capital Warrant in the amount of $370,000,000 to cover expenditures for the month of January 2005. (2)Further Authorized a Working Capital Warrant reporting expenditures of $275,846,961.96 for the month of November and recommends the balance of $54,153,038.04 be lapsed.

NH DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

#28 The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Spaulding authorized the request of the Division of Pesticide Control to amend a federal grant (previously approved by G&C on 11-10-04, item #21), from the US Environmental Protection Agency to be utilized for the Groundwater Management, Worker Protection and Enforcement Program within the Division of Pesticide Control, by reallocating funds between expenditures classes for the best utilization of these funds.

TREASURY DEPARTMENT

The Governor and Council acted as follows:

#29 Authorized to transfer $323,762, as specified in letter dated November 23, 2004. Fiscal Committee approved.

#30 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $10,875.08 to the rightful owners of abandoned or unclaimed funds.

#31 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wheeler 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 a resolution, as indicated in letter dated December 2, 2004, permitting the State Treasurer to proceed with the sale and issuance of up to $20 million of general obligation bonds in the manner most advantageous to the state.

#32 The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Wheeler 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 a resolution, as indicated in letter dated December 2, 2004, permitting the State Treasurer to proceed with the sale and issuance of up to $60 million of general obligation bonds in the manner most advantageous to the State.

DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

#33 Authorized Division of Historical Resources to award a Certified Local Government grant to the City of Concord in the amount of $4,540. Effective upon G&C approval through September 30, 2005. 100% Federal Funds.

#34 Authorized to award a Conservation Number Plate Grant in the amount of $10,000 to the City of Concord, for the preservation of the Old North Cemetery. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#35 Authorized Division of Arts to award an Organizational Support Cultural Facility Grant to Silver Cultural Arts Center, Plymouth State University, in the amount of $7,255. Effective upon G&C approval through June 30, 2005. 100% General Funds.

#36 Authorized Division of the Arts to award a two year Operating Grant to Apple Hill Center for Chamber Music, East Sullivan totaling $14,200. Effective upon G&C approval through June 30, 2006. 100% Federal Funds.

#37 Authorized Division of the Arts to award an Art Links Grant in the amount of $10,000 to the Milford Middle School, Milford, NH. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

ATTORNEY GENERAL

The Governor and Council acted as follows:

#38 Authorized to accept and expend a retroactive grant in the amount of $49,815 from the US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics to collect, analyze and report statistics on crime and justice to Federal, State, and local levels of government. (2)Further Authorized to enter into a retroactive subgrant totaling $49,815 with the agency as indicated in letter dated December 2, 2004, for the purpose of supporting the State’s efforts in developing the capability to combat cyber crime. Effective July 1, 2004 through June 30, 2005. 100% Federal Funds.

#39 Authorized to enter into a sub-grant with the NH Department of Safety to be used to hire a second computer forensic analyst for the NH State Police Crime Laboratory in the amount of $64,483. Effective upon G&C approval through October 21, 2005. (2)Further Authorized to enter into a sub-grant with the NH Department of Safety to be used to hire a second computer forensic analyst for the NH State Police Crime Laboratory, in the amount of $36,338. Effective upon G&C approval through October 5, 2006. 100% Federal Funds.

#40 Authorized to accept and expend a grant in the amount of $968,000 from the US Department of Justice, Violence Against Women Office, which is targeted specifically at deterring crimes involving violence against women and aiding the victims of those crimes in NH. (2)Further Authorized to enter into sub-grants totaling $510,011 from the 2004 Violence Against Women Formula Grant, which provides services for women in NH who are victims of violent crimes. Effective upon G&C approval through March 31, 2006. (3)Further Authorized to enter into sub-grants totaling $411,519 from the 2003 Violence Against Women Formula Grant, which provides services for women in NH who are victims of violent crimes. Effective upon G&C approval through December 31, 2005. 100% Federal Funds.

#40A Authorized to accept $9,388.60 from the NH Highway Safety Agency for a DWI Motor Vehicle Prosecutor Seminar. (2)Further Authorized to expend funds in support of the conference above in the amount of $9,388.60 for instructors expenses of $5,000.40, materials and miscellaneous expenses of $2,718.70 and meal expenses of $1,669.50. (3)Further Authorized to enter into a contract with Gerald Partridge, for workshop preparation, presentations and travel expenses as an expert prosecutor, for the DWI Motor Vehicle Prosecutor Seminar above, at a cost not to exceed $2,622.40. Effective upon G&C approval through December 31, 2004.

BANKING DEPARMENT

#41 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding authorized the request to enter into a three year lease agreement with the Pasquale F Alosa Revocable Trust for office space located in Concord, NH, in the total amount of $253,440. Effective January 1, 2005 through December 31, 2007, with an option to extend the lease for one two-year period. 100% Other Funds.

COMMISSION ON THE STATUS OF WOMEN

#42 The Governor and Council on motion of Councilor Griffin, seconded by Councilor Burton, authorized the request to accept and place on file a survey f educational and training programs offered to female inmates within the NH Department of Corrections, completed at the request of Governor Benson and Councilor Griffin.

BOARD OF TAX AND LAND APPEALS

#43 The Governor and Council on motion of Councilor Griffin, seconded by Councilor Burton authorized the request to exercise its option to extend yearly software maintenance and support with Legal Files Software, Inc., Springfield, IL, for continued software upgrades and technical support in an amount not to exceed $11,665.25 pending legislative approval of the next biennial budget. Effective January 1, 2005 through June 30, 2008. 82% General, 18% Other Funds.

EMPLOYMENT SECURITY

The Governor and Council acted as follows:

#44 Authorized to enter into a services agreement with Capital City Paving, Inc., for paving services at NHES’s Salem local office in the amount of $10,500. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#45 Authorized to enter into a service agreement with Ross Express, Inc., for motor freight shipping services at NHES’s offices statewide, for a total amount not to exceed $45,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#46 Authorized to enter into a service agreement with Select Energy Contracting, Inc., for environmental control systems purchase and installation services at NHES’s Administrative Office building in Concord, NH, in the amount of $68,280.55. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#47 Authorized to enter into an agreement with the Workforce Opportunity Council, Inc., for customer satisfaction survey services related to assisting the State of NH in the continued administration of the Workforce Investment Act including the continued operation and expansion of the One-Stop System, in the amount of $15,250. Effective January 1, 2005 or upon G&C approval, whichever is later, through December 31, 2005. 100% Federal Funds.

#48 Authorized to enter into a service agreement with Tamposi Landscape for snowplowing and removal services at NHES’s Nashua local office, for an agreement total price limitation of $35,940. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

LIQUOR COMMISSION

The Governor and Council acted as follows:

#49 Authorized to increase its Cash-Change Revolving Fund for store Operations by $12,000 from $108,000 to $120,000.

#50 Authorized to accept and expend Sweepstakes Incentive Award Funds from the Multi-State Lottery Association, Urbandale, IA, in the amount of $1,100. Effective upon G&C approval through June 30, 2005.

#51 Authorized to accept and expend Enforcing Underage Drinking grant funds totaling $86,419.27 from the Office of Juvenile Justice and Delinquency Prevention of the US Department of Justice through the NH Department of Justice. Effective upon G&C approval through May 31, 2005. 100% Federal Funds.

#52 Authorized to accept and place on file the Annual Report for the period ending June 30, 2004.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#53 Authorized Division of Parks and Recreation to renew the membership for the 2004/2005 season with NH Campground Owner’s Association in the amount of $4,590. (2)Further Authorized to display a NH state park ad on the back cover of the camping guide and park ads within the guide, in the amount of $9,022.50, for a total of $13,612.50. 100% Other.

#54 Authorized Bureau of Trails to enter into a Grant-In-Aid Trail Maintenance Contract with the North Country ATV Club, Stratford, NH, in the amount of $11,285.85. Effective upon G&C approval through February 15, 2005. 100% Other.

#55 Authorized Bureau of Trails to enter

into an agreement with Glen and Judy McKinstry, West Lebanon, NH, to construct and maintain public trails on their property in the amount not to exceed $12,500. Effective upon G&C approval through five years. 100% Other.

#56 Authorized Division of Forests and Lands to accept and expend federal funds for Nursery and Tree Improvements, in the amount of $5,000. Effective upon G&C approval through September 30, 2006. 100% Federal Funds.

#57 Authorized to enter into a contract on a sole source basis with M.H. Beecy Appraisal Services, Manchester, NH, to complete specific revisions necessary to appraisal reports for the “Pillsbury-Sunapee” Forest Legacy land protection project in an amount not to exceed $1,000. Effective upon G&C approval through December 31, 2004.

NH FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#58 Authorized to hold the 16 th Annual Discover Wild NH Day at its headquarters building in Concord, NH on April 30, 2005 from 10 am – 3 pm, for an amount not to exceed $4,500 including supplies, tent rental, publicity and other items necessary to run the event. 100% Fish and Game.

#59 Authorized to pay the International Association of Fish and Wildlife Agencies, Washington, DC, $18,073 annual membership dues. Effective upon G&C approval through June 30, 2005. 100% Fish and Game.

#60 Authorized to transfer $56,775 from the undesignated Fish and Game Fund for the conversion of the Department’s wildlife management database, as specified in letter dated November 23, 2004. Fiscal Committee approved.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#61 Authorized to reclassify position #40704, Air Pollution Control Engineer III, Labor Grade 24 to an Administrator III, Labor Grade 31.

#62 Authorized to expand an amount not to exceed $35,000 from the Dam Maintenance Fund for the design phase of the reconstruction of Big Brook Bog Dam in Pittsburg. Effective upon G&C approval through June 30, 2006. 100% Other Funds.

#63 Authorized to accept and expend funds from the US Geological Survey to create and standardize metadata for geographic information services coverages maintained by DES, in the amount of $9,000. Effective upon G&C approval through September 1, 2005. 100% Federal Funds.

#64 Authorized to establish a Program Assistant II position through June 30, 2005, as specified in letter dated November 23, 2004. Fiscal Committee approved.

#65 Authorized to retroactively amend an agreement with Normandeau Associates, Inc., Bedford, NH, (previously approved by G&C on 3-10-04, item #18), for tidal wetland mapping and assessment, by extending the completion date to January 30, 2005 from September 30, 2004. 100% Federal Funds.

#66 Authorized to amend an agreement with the Town of Amherst, NH (previously approved by G&C on 6-16-03, item #78), for installation of the Boboosic Lake community septic system by extending the completion date to December 31, 2005 from December 31, 2004, and increasing the grant limitation by $60,000 to bring the total grant award from $99,933 to $159,933. 100% Federal Funds.

#67 Authorized to retroactively amend an existing contract with the Town of Meredith, NH, for a no-cost time extension to install a boat sewage pumpout station at the town docks from September 30, 2004 to December 31, 2004. (2)Further Authorized to retroactively amend an existing contract with J&B Marine Services dba Shep Brown’s Boat Basin, Meredith, NH, for a no-cost time extension to install a boat sewage pumpout station, by extending the expiration date from September 30, 2004 to December 31, 2004. 100% Federal Funds.

#68 Authorized to enter into an agreement with the Town of Hampton Falls, NH, for wetlands assessment, inventory, and prime wetlands designation in Hampton and Hampton Falls, in the amount of $22,500. Effective upon G&C approval through December 1, 2005. 100% Federal Funds.

#69 Authorized to enter into an agreement with the Cocheco River Watershed Coalition, Dover, NH, for stormwater and instream restoration in the Mad River, in the amount of $17,700. Effective upon G&C approval through December 31, 2007. 100% Federal Funds.

#70 Authorized a loan agreement amendment with the City of Rochester, NH, for sewer extension projects under the provisions of Admin. Rules Env-C 500, by increasing the loan by $1,000,000 from $1,500,000 to $2,500,000. Effective upon G&C approval.

#71 Authorized to award Wastewater State Aid Grants in an aggregate amount of $598,308 for water pollution control projects. Effective upon G&C approval. 100% General Funds.

#72 Authorized to award a Drinking Water State Aid Grant in the amount of $485,027.76 to Jackson Water Precinct for a water system improvement project. Effective upon G&C approval.

#73 Authorized to enter into a grant agreement with the City of Rochester, NH, for storm drainage system mapping, in the amount of $10,000. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#74 Authorized to enter into a grant in aid agreement with the Town of Tamworth, NH, for the Closure of the Town of Tamworth’s Unlined Municipal Landfill in an amount not to exceed $274,345.42. Effective upon G&C approval. 100% General Funds.

#75 Authorized to enter into a Grant Agreement with Mount Cranmore Ski Resort, Inc., North Conway, NH, for a pilot project for the use of biodiesel in four Bombardier snow groomers in conditioning ski slopes at Cranmore, in an amount not to exceed $19,800. Effective upon G&C approval through June 30, 2005. 100% Federal Funds.

#76 Authorized to award a Used Oil grant to the Town of Alstead, NH, for the purpose or improving and operating their Used Oil Collection Center, for $2,500. (2)Further Authorized to award a Used Oil grant to the City of Dover, NH, for the purpose or improving and operating their Used Oil Collection Center, for $2,500. (3) Further Authorized to award a Used Oil grant to the City of Franklin, NH, for the purpose or improving and operating their Used Oil Collection Center, for $2,500. (4) Further Authorized to award a Used Oil grant to the Town of Grafton, NH, for the purpose or improving and operating their Used Oil Collection Center, for $2,500. (5) Further Authorized to award a Used Oil grant to the Town of Holderness, NH, for the purpose or improving and operating their Used Oil Collection Center, for $2,500. (6) Further Authorized to award a Used Oil grant to the Town of Unity, NH, for the purpose or improving and operating their Used Oil Collection Center, for $700. Effective upon G&C approval through December 15, 2005. 100% Other Funds.

#77 Authorized to enter into an agreement with the New England Interstate Water Pollution Control Commission, Lowell, MA, for an innovative septage disposal facility demonstration, in the amount of $10,000. Effective upon G&C approval through December 31, 2005. 100% Federal Funds.

#78 Authorized to enter into an agreement with the Town of Lee, NH, for the protection of freshwater wetlands in Lee, NH, in the amount of $27,500. Effective upon G&C approval through December 31, 2005. 100% Federal Funds.

#79 Authorized to amend a Local Source Water Protection grant awarded to the Nashua Regional Planning Commission, Nashua, NH, (previously approved by G&C on 6-4-03, item #79, amended on 3-10-04, item #95), to complete a project to protect drinking water from contamination, by extending the completion date to June 30, 2005 from December 31, 2004. (2)Further Authorized to amend a Public Water System Emergency Interconnection grant to the Nashua Regional Planning Commission, Nashua, NH, (previously approved by G&C on 3-19-03, item #75, amended on 12-17-03, item #63), to complete a project to evaluate regionalization/emergency interconnection of municipal water systems in Southern NH, by extending the completion date to June 30, 2005 from December 31, 2004.

#80 Authorized to amend an agreement with the Breezy Point Condominium Association, Antrim, NH, (previously approved by G&C on 7-16-03, item #77), for the Breezy Point Shoreline Stabilization project by extending the completion date to December 31, 2006, from December 31, 2005, and by increasing the grant limitation by $15,700 to bring the total grant award from $11,300 to $27,000. 100% Federal Funds.

#81 Authorized Peter J Aikens Jr’s request to retain 150 sq. ft. within tidal water for the construction of an 85 sq. ft. fixed pier with a ramp to a float and installation of a PVC water intake pipe for commercial uses, and to retain 266 sq. ft. within the developed upland tidal buffer zone for the placement of two walk-in freezers and installation of a flagpole, relocate an existing dumpster from 5 ft. from highest observable tide line to approximately 28ft from highest observable tide line on property located at Parsons Creek in Rye.

#82 Authorized to accept and place on file the Fiscal Year 2004 Annual Report. Informational Item.

#82A Authorized to amend a lease agreement with the Pease Development Authority, (previously approved by G&C on 7-28-04, item #69), to decrease the amount by $25,296 from $667,692 to $642,396.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

Division of Public Health Services

#83 Authorized to accept and expend $744,196 in federal funds, as specified in letter dated November 23, 2004. Fiscal Committee approved.

#84 Authorized Bureau of Disease Control and Laboratory Services, to amend an Educational Tuition Agreement with Dianne V Donovan (previously approved by G&C on 8-18-04, item #206 KK), by changing the course title from PHP922-Public Health Economics to PHP908-Public Health Ethics. No Funds.

#85 Authorized Public Laboratories to enter into an agreement with Stericycle, Inc., Lake Forest, IL, to provide services for the pick up, transport and disposal of biohazardous and pathological waste, totaling $40,180.80. Effective retroactive to July 1, 2004 through June 30, 2007. 100% General Funds.

#86 Authorized with Councilor Wheeler voting no, the Maternal and Child Health Section to amend an agreement with JSI Research Training, Inc., dba Community Health Institute, Concord, NH, (previously approved by G&C on 4-2-03, item #62, amended on 10-8-03, item #81), to prevent teen pregnancy, by extending the completion date retroactively from June 30, 2004 to June 30, 2005. 23% Genera, 69% Federal, 8% Other Funds.

#86A Authorized Bureau of Prevention Services, Nutrition and Health Promotion Section, to enter into an agreement with Donna Hatch, Hampden, MA, to provide a full scope of services for the management of the New England PARTNERS project, totaling $276,000. Effective upon G&C approval through December 1, 2006. 100% Federal Funds.

New Hampshire Hospital

#87 Authorized to compensate Melynda Gilman, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#88 Authorized to compensate Jennica Himes, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

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

#90 Authorized to compensate Jennifer Hall, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#91 Authorized to compensate Stewart McPhee, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

#92 Authorized to compensate Maria Montesi, a Mental Health Worker in the Patient Care Services area, for time lost while recovering from a work-related injury in accordance with Compensation for State Employees Injured in Line of Duty.

Division for Juvenile Justice Services

#93 Authorized to enter into a contract with Jane R McMahon, Registered Dental Hygienist, for dental hygienist services, in the amount not to exceed $14,875. Effective upon G&C approval through June 30, 2006. 75% General, 25% Other Funds.

Division for Children, Youth & Families

#94 Authorized to accept and expend $100,000 in federal funds, as specified in letter dated November 23, 2004. Fiscal Committee approved.

#95 Authorized to amend an agreement with the NH Coalition Against Domestic and Sexual Violence, Concord, NH, (previously approved by G&C on 10-24-01, item #89, amended on 4-3-02, item #62, amended on 3-5-03, item #61, amended on 6-4-03, item #118), for support services for victims of sexual and domestic violence, by increasing the price limitation from $3,274,239 to $3,317,483, an increase of $43,244. Effective upon G&C approval. 100% Federal Funds.

#96 Authorized to amend an existing sole source agreement with Eckerd Youth Alternatives, Inc., Clearwater, FL, (previously approved by G&C on 12-20-00, item #98, amended on 12-18-02, item #111, amended on 8-18-04, item #Late Item A), for the operation of Camp E-TOH-ANEE, a year-round wilderness camp that serves 33 male youth, by extending the completion date to June 30, 2005, and by increasing the price limitation $1,025,577, to a new price limitation $9,351,493. 75% General, 25% County Funds.

Bureau of Elderly and Adult Services

#97 Authorized to transfer $572,140, as specified in letter dated November 23, 2004. Fiscal Committee approved.

NH COMMUNITY TECHNICAL COLLEGE SYSTEM

The Governor and Council acted as follows:

#98 Authorized to reclassify position #40902, Program Assistant I, Labor Grade 12, to a Program Specialist I (Career and Education Assessment Specialist), Labor Grade 19, at the NH Community Technical College at Manchester. 100% Other Funds.

#99 Authorized to reclassify position #13384 TI/C Associate Professor, Labor Grade 22, to an Administrator III, Labor Grade 31 at the NH Community Technical College at Manchester. 46% General, 54% Other Funds.

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#100 Authorized to accept and expend contract funds in the amount of $133,259 from the NH Department of Health and Human Services, Division of Family Assistance. Effective upon G&C approval through June 30, 2005. 100% Other Funds.

#101 Authorized Division of Adult Learning and Rehabilitation to enter into a contract with Charles W. Robinson, sole proprietor, Peterborough, NH, to provide career planning training throughout NH in an amount not to exceed $95,500 pending legislative approval of the next biennial budget. Effective upon G&C approval through June 30, 2007. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. 100% Federal Funds.

#102 Authorized to grant funds to NH ATECH Services, Concord, NH, to provide technical assistance and educational support to children and youth with sensory impairments, for an amount not to exceed $650,000. Effective upon G&C approval through December 30, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. (3)Further Authorized to exercise a renewal option on this grant for up to three additional fiscal years, pending legislative approval of the next two biennial budgets. 50% General Funds, 50% Federal Funds.

#103 Authorized to grant funds on a sole source basis, to Parent Information Center, Concord, NH, to develop regional support networks for parents of children and youth with disabilities and their families, for an amount not to exceed $148,980.60. Effective January 1, 2005 to June 30, 2006 pending legislative approval of the next biennial budget. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. (3)Further Authorized to exercise a renewal option on this grant for up to three additional fiscal years, pending legislative approval of the next two biennial budgets. 100% Federal Funds.

#104 Authorized to grant funds on a sole source basis, to Plymouth State University, Plymouth, NH, to support the Integrated Arts Model program for children and youth with disabilities, for an amount not to exceed $67,000. Effective upon G&C approval through December 31, 2005 pending legislative approval of the next biennial budget. (2)Further Authorized unencumbered payment of said grant with internal accounting control within the Department of Education. (3)Further Authorized to exercise a renewal option for up to one additional year. 100% Federal Funds.

NH POSTSECONDARY EDUCATION COMMISSION

#105 The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin authorized the request to award a $35,500 grant to the NH Department of Regional Community Technical Colleges, for the purpose of granting scholarships to NH residents who have completed their freshman year and who will be selected for scholarships by the technical colleges on the basis of financial need or merit. 88% General, 12% Other Funds.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#106 Authorized Division of State Police to reclassify position #10735 from Supervision Criminalist, labor grade 29 to Administrator IV, labor grade 33. Effective upon G&C approval.

#107 Authorized Division of Fire Standards & Training and EMS to retroactively accept and expend a grant from the NH Highway Safety Agency in the amount of $366,145.13 for EMS Traffic Computerization. Effective October 1, 2004 through September 15, 2005. 100% Federal Funds.

#108 Authorized Division of State Police to retroactively accept and expend a grant form the US Department of Justice “EOC Technology Equipment” in the amount of $2,968,432 to fund the state of the art equipment required for the Emergency Operations Center (EOC)/Incident Management Center. Effective January 23, 2004 through January 22, 2005. 100% Federal Funds.

#109 Authorized Division of State Police to retroactively accept and expend a grant from the US Department of Justice, “COPS 2004 Technology Grant” in the amount of $1,978,955 for the purchase of 21 dispatch consoles and related equipment to replicate the current existing dispatch configurations. Effective January 23, 2004 through January 22, 2005. 100% Federal Funds.

#110 Authorized Division of State Police to retroactively extend the end date of a sub-grant from the Department of Justice in the amount of $10,000 used for the expenses related to the accreditation of the State Police Crime Laboratory, from September 30, 2003 to March 31, 2005.

#111 Authorized Division of State Police to retroactively extend the end date of a sub-grant from the Department of Justice in the amount of $26,825 used for the expenses related to the accreditation of the State Police Crime Laboratory from September 30, 2004 to March 31, 2005.

#112 Authorized Division of State Police to amend an existing sole source agreement with E Video Systems, Reading, MA, for the service and repair to the video surveillance systems in the state, by increasing the price limitation from $10,000 to $20,000. Effective upon G&C approval through June 30, 2005.

#113 Authorized Division of State Police to enter into an agreement with Tony LaBounty Plowing, E. Swanzey, NH, for snow plowing/shoveling for State Police Troop C in Keene, NH, in the amount of $8,000. Effective upon G&C approval through June 30, 2005.

#114 Authorized Division of Motor Vehicles to enter into a retroactive contract with Grounds Care Unlimited, Portsmouth, NH, for snow plowing and snow removal at the Dover Point office for the 2005 and 2006 season and extend for up to two additional terms of two season each, in the amount of $22,000. Effective upon G&C approval through June 30, 2006.

#115 Authorized Division of State Police to contract with Bruce Robinson Company, Tamworth, NH, for snow plowing and snow removal at the State Police Troop E station in Tamworth, in the amount of $8,000. Effective upon G&C approval through June 30, 2005.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#116 Authorized to accept and place on file the Annual Report for the fiscal year ending June 30, 2004. Informational Item.

#117 Authorized to accept and place on file the Bureau of Right of Way’s Contemplated Award List for the period of November 10, 2004 through December 2, 2004.

#118 Authorized Division of Aeronautics to continue membership with the National Association of State Aviation Officials, Silver Spring, MD, and pay membership dues of $6,205.28 for fiscal year 2005. 71.55% General, 28.45% Other Funds.

#119 Authorized Bureau of Right of Way to grant to the Town of Plaistow a utility easement for a water line located on a parcel of land owned by the State of NH located on Kingston Road in the Town of Plaistow.

#120 Authorized Bureau of Right of Way to transfer to the City of Nashua ownership of Dozer Road.

#121 Authorized to sell a 0.7 of an acre parcel located in the Town of Milan to Raymond Bergeron and Carolle Bergeron for $3,300.

#122 Authorized Division of Aeronautics to enter into a grant agreement with Mr. Evan Karpf, owner of the Twin Mountain Airport, to provide 50% state matching funds in the amount of $8,500 to acquire a 40 hp tractor with bucket loader and power take off to assist with snow removal, grass cutting and brush removal at the Twin Mountain Airport, Twin Mountain, NH.

#123 Authorized Bureau of Public Works to enter into an agreement with Rist-Frost-Shumway Engineering, PC, Laconia, NH, for professional services for design and construction documents, on-site observation, and inspection services for various Public Works’ Projects as necessary and required by the Department, for an amount not to exceed $300,000. Effective upon G&C approval through December 31, 2007.

#124 Authorized Bureau of Turnpikes to amend a sole source contract with Vollmer Associates, LLP, Concord, NH, (previously approved by G&C on 8-23-00, item #172), for additional work as detailed in letter dated November 15, 2004, by increasing the amount from $676,456.98 to $1,133,334.98, an increase of $456,878.

#125 Authorized Bureau of Construction contract with R.S. Audley, Inc., Bow, NH, on the basis of a low bid of $11,689,405.94, for highway reconstruction along NH Route 16/US Route 302 in the Town of Conway improving access to local businesses and will relieve traffic congestion through access management and the construction of a dual-use center turn lane, including water and sewer line, underground utility, and sidewalk construction to be financed by the Town of Conway in the amount of $5,515,389.94. Effective upon G&C approval through October 27, 2006.

#126 Authorized Bureau of Construction contract with Jay-Mor Enterprises, Inc., of Pelham, NH, on the basis of a low bid of $30,334, for demolition of a building on a parcel located in Newport on the John Stark Highway (NH Routes 11 and 103) and purchased for future improvements along this highway. Effective upon G&C approval through December 31, 2004.

#127 Authorized Bureau of Construction contract with Jay-Mor Enterprises, Inc., Pelham, NH, on the basis of a low bid of $216,440.56, for demolition of buildings on several state owned parcels located in the City of Manchester and in the Towns of Bedford and Salem. The 11512-G project is located on US 3 and NH 3A, the 10418-O project is located on NH 38, Fairmont Road and Boyer Lane, and the 10075-J project is located on NH 28. Effective upon G&C approval through May 13, 2005.

#128 Authorized Bureau of Public Works to enter into a contract with Careno Construction Company, LLC, Portsmouth, NH, for a lump sum price of $119,598 for Signage Improvements, Portsmouth Transportation Center, Portsmouth, NH. (2)Further Authorized $3,000 be approved for payment to NHDOT, Bureau of Public Works for engineering services provided.

#129 Authorized Bureau of Public Works to enter into a contract with Sam Mechanical, LLC, Manchester, NH, for a lump sum price of $149,000 for APS Cooling Tower Replacement, Acute Psychiatric Services, NH Hospital, Concord, NH.

BUSINESS FINANCE AUTHORITY

#130 The Governor and Executive Council on motion of Councilor Griffin, seconded by Councilor Wieczorek and further on a roll call vote as follows: Councilor Burton – yes, Councilor Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek – yes, and Councilor Wheeler – yes, Authorized to hold a Public Hearing with respect to the financing of a commercial facility by the Business Finance Authority for Measured Progress, Inc. and/or 171 Watson Road of Dover Holding Corporation located in Dover, New Hampshire. Action will Authorized a Resolution under RSA 162-I:9 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD December 15, 2004
IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

* * * * * *

At 11:05 a.m. the Governor announced that the next matter to be considered would be the financing of a commercial facility project by the Business Finance Authority (“Authority”) for Measured Progress, Inc. and/or 171 Watson Road of Dover Holding Corporation and declared that the public hearing on the subject had commenced. He said that he and the members of the Council had received the written recommendation of the Authority and other documentation and information with respect to the project. The Governor said that the meeting would then hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the Authority, briefly explained the project, emphasized that the credit of the State was not involved and introduced Bob Metz, Treasurer of Measured Progress, Inc. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; [there being none], Councilor Griffin introduced a resolution entitled "A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE FINANCING OF A COMMERCIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR MEASURED PROGRESS, INC. AND/OR 171 WATSON ROAD OF DOVER HOLDING CORPORATION, IN DOVER, NEW HAMPSHIRE" and moved its adoption, which was seconded by Councilor Wieczorek. After discussion of the resolution, the Governor called for a vote on the motion. Those voting in favor were: the Governor and Councilor Burton, Councilor Spaulding, Councilor Griffin, Councilor 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-I:9 WITH RESPECT TO THE ISSUANCE OF UP TO $11,600,000 REVENUE BONDS BY THE BUSINESS FINANCE AUTHORITY
OF THE STATE OF NEW HAMPSHIRE TO FINANCE A COMMERCIAL FACILITY FOR MEASURED PROGRESS, INC. AND/OR 171 WATSON ROAD OF DOVER HOLDING CORPORATION IN DOVER, NEW HAMPSHIRE

WHEREAS, the Governor and Council have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and a determination under RSA 162-I:9 with respect to the financing of a commercial facility for Measured Progress, Inc. and/or 171 Watson Road of Dover Holding Corporation (collectively, the "Co-Borrowers"), in Dover, New Hampshire, by the Authority’s issuance of up to $11,600,000 in revenue bonds (the "Bonds") under RSA 162-I:1 et seq. (the "Act"); and

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

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

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

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

(a) Special Findings.

(1) The project to be financed or refinanced with the proceeds of the Bonds consists of: (i) refinancing amounts previously expended in connection with the acquisition of approximately 70 acres of land at 400 Sixth Street, Dover, New Hampshire and the construction of an approximately 55,000 square foot processing facility ("Phase I"); (ii) financing the construction of an approximately 75,000-85,000 square foot office building and related improvements ("Phase II"); and (iii) financing the payment of certain related financing, closing and other costs, possibly including capitalized interest and issuance expenses (collectively, the "Facility" or the "Project"). The Facility is within the definition of "Commercial Facility" in RSA 162-I:2 and may be financed under the Act.

(2) The establishment and operation of the Facility will create or preserve employment opportunities directly or indirectly within the State of New Hampshire (the "State") and will likely be of general benefit to the community as a whole.

(b) General Findings.

(1) The Project and the proposed financing of the Project are feasible.

(2) The Co-Borrowers have the skills and financial resources necessary to operate the Facility successfully.

(3) The Mortgage, Security, Loan and Trust Agreement and the other documents to be executed in connection with the issuance of the Bonds (collectively, the "Financing Documents"), contain provisions so that under no circumstances will the Authority be obligated, directly or indirectly, to pay Project costs, debt service or expenses of operation, maintenance and upkeep of the Facility except from proceeds of the Bonds or from funds received under the Financing Documents, exclusive of funds received under the Financing Documents by the Authority for its own use.

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

(5) The proposed financing of the Project by the Authority and the proposed operation and use of the Facility will serve one or more needs and implement one or more purposes set forth in RSA 162-I:1, will preserve or increase the social or economic prosperity of the State and one or more of its political subdivisions, and will promote the general welfare of the State’s citizens.

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

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

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

Passed and Agreed to: December 15, 2004

#131 TUITION REQUESTS

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

A. ADMINISTRATIVE SERVICES - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $642.00 for the sole purpose of enrolling Donna Raymond, Administrator IV, in the course entitled "Communication Skills for Managers".

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay New England College, Henniker, NH, the sum of $936.00 for the sole purpose of enrolling Arlene Hall, Accountant, in the course entitled "Financial Management".

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $720.00 for the sole purpose of enrolling Laura LeMien, Program Assistant, in the course entitled "Organizational Behavior".

D. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Nova Southeastern University, Springfield, MA, the sum of $1,505.00 for the sole purpose of enrolling Froann McLaughlin, Assistant Professor, in the course entitled "Applied Dissertation Services".

E. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $693.00 for the sole purpose of enrolling Andrea Stickney, Systems Development Specialist, in the course entitled "Principles of Management".

F. EDUCATION - Request permission to pay Springfield College Graduate School, Springfield, MA, the sum of $800.00 for the sole purpose of enrolling Lisa Beard, Vocational Rehabilitation Counselor I, in the course entitled "Child & Family Services III: Assessment & Intervention".

G. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Scott Fifield, Disability Examiner, in the on-line course entitled "U.S. History to 1865".

H. EDUCATION - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $648.00 for the sole purpose of enrolling Kathryn G.M. Hodges, Accountant III, in the course entitled "Strategic Management and Policy".

I. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Lorraine Payeur, Executive Secretary Stenographer, in the course entitled "Social Problems".

J. EDUCATION - Request permission to pay the College for Lifelong Learning, Bow, NH, the sum of $728.00 for the sole purpose of enrolling Lorraine Payeur, Executive Secretary Stenographer, in the course entitled "Management of Information Technology".

K. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,251.00 for the sole purpose of enrolling Anne Prehemo, Disability Examiner, in the course entitled "Social Marketing".

L. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,251.00 for the sole purpose of enrolling Anne Prehemo, Disability Examiner, in the course entitled "Public Health Policy Analysis".

M. EDUCATION - Request permission to pay the College for Lifelong Learning, Manchester, NH, the sum of $728.00 for the sole purpose of enrolling Barbara Romanos, Case Technician Trainee, in the course entitled "Critical Thinking".

N. EDUCATION - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,251.00 for the sole purpose of enrolling Peggy Vieira, Disability Examiner, in the course entitled "Public Health Policy Analysis".

O. EDUCATION - Request permission to pay University of New Hampshire, Manchester, NH, the sum of $1,251.00 for the sole purpose of enrolling Peggy Vieira, Disability Examiner, in the course entitled "Social Marketing".

P. ENVIRONMENTAL SERVICES - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $533.00 for the sole purpose of enrolling Raymond Gordon III, Supervisor, Reporting and Information Management Section, in the course entitled "Database Management Systems II".

Q. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,316.75 for the sole purpose of enrolling Patricia North, Air Pollution Control Engineer III, in the course entitled "Climate Change & Health".

R. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Boston University, Boston, MA, the sum of $2,250.00 for the sole purpose of enrolling Alyssa Adams, Child Protective Services Worker, in the course entitled "Final Field Education Seminar".

S. HEALTH & HUMAN SERVICES, Division for Children, Youth & Families - Request permission to pay Boston University, Boston, MA, the sum of $1,390.00 for the sole purpose of enrolling Alyssa Adams, Child Protective Services Worker, in the course entitled "Family Violence in Society".

T. HEALTH & HUMAN SERVICES, Office of Community & Public Health - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $5,004.00 for the sole purpose of enrolling Kenneth Dufault, Community Public Health Development Coordinator, in the courses entitled "Public Health Epidemiology" and "Public Health Biostatistics".

U. HEALTH & HUMAN SERVICES, Bureau of Developmental Services - Request permission to pay California College for Health Sciences, Salt Lake City, UT, the sum of $414.00 for the sole purpose of enrolling Joyce Butterworth, Program Planning & Review Specialist, in the correspondence course entitled "Legal Considerations in Health Care Delivery".

V. HEALTH & HUMAN SERVICES, Employee Assistance - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $2,000.00 for the sole purpose of enrolling Linda Brewer, Employee Assistance Program Specialist, in the courses entitled "Human Behavior and the Social Environment II" and "Social Work and Mental Illness".

W. HEALTH & HUMAN SERVICES, Office of Finance - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $1,221.00 for the sole purpose of enrolling Kenneth Merrifield, Program Specialist IV, in the course entitled "Financial Management".

X. INSURANCE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,440.00 for the sole purpose of enrolling Mary Verville, Financial Records Auditor, in the courses entitled "Macroeconomics" and "Introduction to Linguistics".

Y. LIQUOR - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $474.00 for the sole purpose of enrolling Cherie Sirrianna, Account Clerk III, in the course entitled "Accounting II".

Z. NH HOSPITAL - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $880.00 for the sole purpose of enrolling Kathleen Cummings, Nurse Specialist, in the course entitled "Statistics in Psychology".

AA. NH HOSPITAL - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $474.00 for the sole purpose of enrolling Darlene St. Laurent, Medical Coding Clerk, in the course entitled "Medical Terminology".

BB. NH HOSPITAL - Request permission to pay New Hampshire Technical Institute, Concord, NH, the sum of $474.00 for the sole purpose of enrolling Debra Tucker, Medical Secretary II, in the course entitled "Medical Terminology".

CC. NH HOSPITAL - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,271.00 for the sole purpose of enrolling Diane Viger, Infection Control Practitioner, in the course entitled "Public Health Law".

DD. TRANSPORTATION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $336.00 for the sole purpose of enrolling William Dusavitch, Right-of-Way Agent, in the course entitled "College Writing II".

EE. TRANSPORTATION - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $336.00 for the sole purpose of enrolling William Dusavitch, Right-of-Way Agent, in the course entitled "Communication Skills for Managers".

LATE ITEMS

OFFICE OF THE GOVERNOR

A. The Governor’s Office retroactively requests permission for Governor Craig R. Benson and Keith R. Herman, policy advisor, to travel to Washington D.C. on March 24, 2004 to attend a meeting with Health and Human Services Secretary Thompson and also to travel to Cincinnati, Ohio on May 26, 2004 to attend a Governor’s Roundtable Meeting.

BUSINESS FINANCE AUTHORITY

B. The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Griffin 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 the BFA to hold a public hearing to pass 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 Capital Source Finance LLC to Pittsfield Weaving Company.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD DECEMBER 15, 2004
IN THE COUNCIL CHAMBER, STATE HOUSE, NEW HAMPSHIRE

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At approximately 11:10 a.m., the Governor announced that the next matter to be considered would be the award of a State guarantee under the Guaranteed Asset Program of the Business Finance Authority in connection with a loan to be made by Capital Source Finance LLC to Pittsfield Weaving Company, 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 Jack Donovan, Executive Director of the Authority who briefly explained the project and introduced Gilbert Bleckmann of Pittsfield Weaving Company, Inc. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Spaulding 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 CAPITAL SOURCE FINANCE LLC TO PITTSFIELD WEAVING COMPANY, INC." and moved its adoption, which was seconded by Councilor Griffin. 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.

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A RESOLUTION UNDER RSA 162-A:18
AWARDING A STATE GUARANTEE UNDER RSA 162-A:13
WITH RESPECT TO A LOAN FROM
CAPITALSOURCE FINANCE LLC TO
PITTSFIELD WEAVING COMPANY, 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 ninety percent (90%) of the principal amount of a loan up to $1,600,000 from CapitalSource Finance LLC to Pittsfield Weaving Company, Inc., pursuant to RSA 162-A:13 (the Guarantee Asset Program or the "GAP Program");

WHEREAS, the proposed guarantee would require the pledge of the full faith and credit of the Authority in an amount not to exceed ninety percent (90%) of the proposed financing;

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

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

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

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

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

(a) Special Findings.

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

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

(b) General Findings.

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

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

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

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

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

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

Passed and Agreed to December 15, 2004.

DEPARTMENT OF SAFETY

C. Authorized the Department of Safety, Division of State Police to enter into a contract with Brix and Stix Construction Corporation, 119 Old Turnpike Road, Concord, in the amount off $6,000.00 for snow removal at the Major Crime Unit in Concord.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

D Authorized the Bureau of Behavioral Health to amend contract with Tri-County Community Action Program, Inc., 30 Exchange Street, Berlin, to provide public guardianship services by increasing the price limitation by $174,729.63 from $511,728.95 to $686,458.58 and extending the completion date from December 31, 2004 to June 30, 3005. Effective January 1 st or Council approval, whichever is later.

E. Authorized the Bureau of Behavioral Health to amend contract with Office of Public Guardian, 10 White Street, Concord, to provide public guardianship services by increasing the price limitation by $364,463.08 from $1,075,177.18 to $1,439,640.26 and extending completion date from December 31, 2004 to June 30, 2005 effective January 1, 2005 of Council approval, whichever is later.

F. Authorized the Bureau of Behavioral Health to amend contract with Lakes Region Consumer Advisory Board, 328 Union Avenue PO Box 304, Laconia, to provide peer support services by increasing the Price Limitation by $136,581 from $128,478 to $256,059. Effective Date is December 15, 2004 or council approval.

G. Authorized the Office of Medicaid Business and Policy, Special Medical Services Bureau, to enter into an agreement with Joseph Fish, Ph.D. Goffstown, NH for provision of psychology services for children with special health care needs and their families served by the Bureau, effective July 1, 2004 or date of Governor and Council approval, whichever is later, through June 30, 2005, for an amount not to exceed $52,125.

EMPLOYMENT SECURITY

H. Authorized New Hampshire Employment Security, pursuant to the provisions of RSA 21.I:54 to continue one Supervisor, BAU, position #s 8T055, salary grade 24 on a full time temporary basis for an additional period from January 6, 2005 through June 30, 2005 and will be funded from existing federal funds.

I. Authorized New Hampshire Employment Security, pursuant to RSA 21-I:56 to reclassify one position, number 11320, Legal Secretary III, salary grade 13, to Paralegal I, salary grade 16. The position is currently vacant.

ATTORNEY GENERAL – DEPARTMENT OF JUSTICE

J. Authorized the Department of Justice to enter into a sub grant totaling $30,000 from the 2004 Byrne Formula Grant Program, which provides funding for programs to improve the functioning of the criminal justice system, from the date of Governor and Executive Council approval to June 30, 2005. Recipient is Bow Police Department.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Griffin, seconded by Councilor Wieczorek, voted to remove item #51- which was tabled at the November 10, 2004 Meeting.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

#51 The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Spaulding, and with Councilor Griffin voting no, voted to approve 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.

Next Governor and Executive Council meeting is scheduled for Wednesday, January 4, 2005 at 10:00 a.m. at The State House, Concord, NH.

The Honorable Board then Adjourned

 

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