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Minutes
December 16, 1998
 

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GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, NH
December 16, 1998
10:30 a.m.
#22

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

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Streeter, accepted the minutes of December 2, 1998.

The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Streeter, confirmed the appointment of several persons nominated for Civil Commissions from the December 2, 1998 meeting.

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

The following representatives-elect were sworn into office by the Governor and Executive Council:

Carroll County District No. 6, Joseph D. Kenney, r, Wakefield (PO Box 263, Sanbornville) 03872

Grafton County District No.7, Harry T. Hinman, r, Plymouth (20 Russell St. #20-C) 03264

Hillsborough County District No. 28, Syliva A. Holley, r, Nashua (6 Benton Dr.) 03060

Hillsborough County District No. 31, Roland J. Lefebvre, d, Nahsua (19 Dane St.) 03060

Rockingham County District No. 29, Walter J. Mikowlski, r, Londonderry (64 Hardy Rd.) 03053

Strafford County District No. 3, Barbara L. Spear, r, Farmington (2 Memorial Dr.) 03835

Sullivan County District No.4, Celestine Wiggins, d, Newport (PO Box 140, Guild) 03574

The Governor and Executive Council set the date for a special election for State Representative to be held in Carroll County District No. 2

The filing period will be from December 21-28, 1998

The primary election will be held on February 2, 1999

The special election will be held on March 9, 1999

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

John I. Boswell, Hanover
Effective: December 31, 1998

The Governor and Executive Council confirmed the following:

COMPENSATION APPEALS BOARD
John C. Emery, Bedford
Attorney
Reappointment
Effective: December 16, 1998
TERM: January 1, 2003

NEW HAMPSHIRE STATE COUNCIL ON THE ARTS
Paul W. Hodes, Concord
Succeeding: Peter Morgan, New Boston (resigned)
Effective: December 16, 1998
TERM: October 28, 2001

COMMISSIONER: DEPARTMENT OF LABOR
James D. Casey, Dover
Succeeding: Diane M. Symonds, Hampton
Effective: December 16, 1998
Salary: Group N/Maximum $60,361
TERM: August 30, 2001

OIL FUND DISBURSEMENT BOARD
David F. Harrington, New Boston
Petroleum refiners
Succeeding: Norman VanderNoot, Laconia (resigned)
Effective: December 16, 1998
TERM: January 1, 2000

PARI-MUTUEL COMMISSION
George E. Hickman, Madbury
Succeeding: John T. Bottomley, North Hampton
Effective: December 16, 1998
TERM: September 24, 2001

JOINT PHARMACEUTICAL FORMULARY BOARD
Bruce Bartolini, MD, Hampton
MD specializing in internal medicine
Succeeding: J. Beatty Hunter, Bedford (resigned)
Effective: December 16, 1998
TERM: January 27, 2004

DIRECTOR OF ADMINISTRATION: DEPARTMENT OF TRANSPORTATION
W. Douglas Scamman, Jr., Stratham
Nominated by Commissioner
Reappointment
Effective: December 16, 1998
Salary: Group P/Maximum $72,206
TERM: October 17, 2002

UNIVERSITY SYSTEM OF NEW HAMPSHIRE BOARD OF TRUSTEES
John D. Crosier, Concord
Succeeding: Sherilyn Burnett-Young, Concord
Effective: December 16, 1998
TERM: June 30, 2002

Merle W. Schotanus, Grantham
Succeeding: George J. Khoury, Salem (resigned)
Effective: December 16, 1998
TERM: June 30, 2001

WASTE MANAGEMENT COUNCIL
Richard DiPentima, Lee
Public Health Expert
Succeeding: William Arnold, Manchester
Effective: December 16, 1998
TERM: December 23, 2001

John H. Osgood, Wolfeboro
Private Solid Waste Management Industry
Reappointment
Effective: December 16, 1998
TERM: December 23, 2002

STATE COMMISSION ON THE STATUS OF WOMEN
Katherine Aeschliman, Keene
Succeeding: Darlene Goodin, New Boston (resigned)
Effective: December 16, 1998
TERM: October 20, 1999

Priscilla J. Shaw, Newmarket
Succeeding: Elizabeth Powell, Hampton
Effective: December 16, 1998
TERM: October 20, 2001

The Governor nominated the following:

AIR RESOURCES COUNCIL
Christopher D. Tessier, M.D., Nashua
Practicing Physician
Succeeding: John Thomas, M.D., Manchester (resigned)
Effective: Upon confirmation
TERM: October 24, 2002

BOXING AND WRESTLING COMMISSION
Rudolph E. Urban, Berlin
Reappointment
Effective: Upon confirmation
TERM: July 15, 2001

STATE HISTORICAL RESOURCES COUNCIL
Peter Haebler, Manchester
Historian
Reappointment
Effective: Upon confirmation
TERM: December 10, 2003

David R. Proper, Keene
Historic Preservation
Reappointment
Effective: Upon confirmation
TERM: January 1, 2004

JUDICIAL COUNCIL
John B. Hammond, Canaan
Lay person
Reappointment
Effective: Upon confirmation
TERM: January 1, 2002

MEDICAL REVIEW SUBCOMMITTEE
Stanley S. Paras, M.D., Manchester
Nominated by the Board of Medicine
Reappointment
Effective: Upon confirmation
TERM: January 1, 2002

JOINT PHARMACEUTICAL FORMULARY BOARD
Frank G. Case, Nottingham
Board of Pharmacy
Succeeding: Leon R. Parker, Concord (reached term limit)
Effective: Upon confirmation
TERM: December 22, 2003

NEW HAMPSHIRE STATE PORT AUTHORITY
Stephen W. Foss, Rye
Reappointment
Effective: Upon confirmation
TERM: December 16, 2003

STATE RADIATION ADVISORY COMMITTEE
Elizabeth A. Thibodeau, Seabrook
Public Member
Succeeding: Philip G. Labombarde, Nashua
Effective: Upon confirmation
TERM: October 14, 2002

RIVERS MANAGEMENT ADVISORY COMMITTEE
Michele L. Tremblay, Boscawen
Representing conservationists
Succeeding: Roger French, Hanover
Effective: Upon confirmation
TERM: October 12, 2001

NEW HAMPSHIRE SCHOOL BUILDING AUTHORITY
Jane M. Bergeron-Beaulieu, Litchfield
Succeeding: Jorge Mesa-Tejada, Hampstead
Effective: Upon confirmation
TERM: July 1, 2001

WATER COUNCIL
John F. Bridges, Wolfeboro
Public member/Chairman of Council
Reappointment
Effective: Upon confirmation
TERM: December 27, 2002

BUSINESS FINANCE AUTHORITY

#1 The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Burton, authorized to hold a Public Hearing with respect to the financing of an industrial facility by the Business Finance Authority for Freudenberg NOK located in Northfield, NH. Action will authorize 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.

A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Normand - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD DECEMBER 16, 1998 IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

At 10:55 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 for Freudenberg-NOK General Partnership in Northfield and declared that the public hearing on the subject had commenced. She said that she 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 Leesa Smith, Director of Corporate Financial Services of Freudenberg-NOK General Partnership. 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-I:9 WITH RESPECT TO THE FINANCING OF AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR FREUDENBERG-NOK GENERAL PARTNERSHIP IN NORTHFIELD" and moved its adoption, which was seconded by Councilor Burton. 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 Normand, and Councilor Streeter; 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 FINANCING OF AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR FREUDENBERG-NOK GENERAL PARTNERSHIP IN NORTHFIELD

WHEREAS, the Governor and Council have received from the Business Finance Authority (the "Authority") its written recommendation that the Governor and Council make certain findings and a determination pursuant to RSA 162-I:9 with respect to the financing of an industrial facility for Freudenberg-NOK General Partnership (the "Borrower") in Northfield by the Authority's issue of up to $2,200,000 Bonds under RSA 162-I (the "Act");

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

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

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 (which when completed will constitute the "Facility") consists of the construction and equipping of an approximately 40,000 square feet of new manufacturing space located on New Forest Road in the Town of Northfield which will be owned by the Authority and used by Freudenberg-NOK General Partnership in the manufacture of axxel steel products for the automotive industry. The Project is within the definition of "Industrial facility" in RSA 162-I (the "Act") and may be financed under the Act.

(2) The establishment and operation of the Facility will create and preserve employment opportunities directly and indirectly within the State of New Hampshire.

(b) General findings:

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

(2) The Borrower has the skills and financial resources necessary to operate the Facility successfully;

(3) The Loan and Lease Agreement and Escrow Agreement (which are combined financing documents and security document, hereinafter called the "Agreements") contains 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 Bond proceeds or from funds received under the Agreement, exclusive of funds received thereunder by the Authority for its own use;

(4) The Agreement does 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; and

(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 and refinancing, operation and use of the industrial Facility will serve a public use and provide a public benefit; and the Governor and Council determine that the Authority's financing and refinancing of the Project will be within the policy of, and the authority conferred by, the Act.

Section 3. Approval. The Governor and Council approve the Authority's taking such further action under the Act with respect to the transaction as may be required.

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

Passed and Agreed to December 16, 1998.

#2 The Governor and Executive Council, on motion of Councilor Griffin, seconded by Councilor Streeter, authorized to hold a Public Hearing with respect to the financing of an industrial facility by the Business Finance Authority for Air Cargo at Pease located in Portsmouth, NH. Action will authorize 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. .

A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Normand - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD DECEMBER 16, 1998 IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

At 11:00 a.m. the Governor announced that the next matter to be considered would be the financing of an industrial facility project by the Business Finance Authority for Air Cargo at Pease, L.L.C. in Portsmouth and declared that the public hearing on the subject had commenced. She said that she and the members of the Council had received 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, stated that the Authority had approved the financing and recommended that the Governor and Council make the required findings under RSA 162-I:9. He also briefly explained the project and emphasized that the credit of the State was not involved. 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 AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR AIR CARGO AT PEASE, L.L.C. IN PORTSMOUTH" and moved its adoption, which was seconded by Councilor Streeter. 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 Normand, and Councilor Streeter; 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 FINANCING OF AN INDUSTRIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR AIR CARGO AT PEASE, L.L.C. IN PORTSMOUTH

WHEREAS, the Governor and Council have received from the Business Finance Authority (the "Authority") its written recommendation that the Governor and Council make certain findings and a determination pursuant to RSA 162-I:9 with respect to the financing and refinancing of an industrial facility for Air Cargo at Pease, L.L.C. (the "Borrower") in Portsmouth by the Authority's issue of up to $2,500,000 Bonds under RSA 162-I (the "Act");

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

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

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 (which when completed will constitute the "Facility") consists of the construction and equipping of an approximately 45,000 square foot air cargo warehouse facility located at 139 Flight Line Road, Pease International Tradeport, Portsmouth, New Hampshire, which will be used by the Borrower for leasing to long-term tenants in the air freight business. The Project is within the definition of "Industrial facility" in RSA 162-I (the "Act") and may be financed under the Act.

(2) The establishment and operation of the Facility will create and preserve employment opportunities directly and indirectly within the State of New Hampshire.

(b) General findings:

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

(2) The Borrower has the skills and financial resources necessary to operate the Facility successfully;

(3) The LOAN AND SECURITY AGREEMENT (which is a combined financing document and security document, hereinafter called the "Agreement") contains 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 Bond proceeds or from funds received under the Agreement, exclusive of funds received thereunder by the Authority for its own use;

(4) The Agreement does 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; and

(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 and refinancing, operation and use of the industrial Facility will serve a public use and provide a public benefit; and the Governor and Council determine that the Authority's financing and refinancing of the Project will be within the policy of, and the authority conferred by, the Act.

Section 3. Approval. The Governor and Council approve the Authority's taking such further action under the Act with respect to the transaction as may be required.

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

Passed and Agreed to December 16, 1998.

#3 The Governor and Executive Council, on motion of Councilor Griffin, seconded by Councilor Burton, authorized to hold a Public Hearing with respect to the proposed purchase of a loan made by Rockingham Economic Development Corporation for a project located Windham. Action will authorize a Resolution under RSA 162-A:18 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

A roll call vote was requested, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding -Yes:
Councilor Griffin - Yes:
Councilor Normand - Yes:
Councilor Streeter - Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD ON DECEMBER 16, 1998 COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

At approximately 11:10 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan made by Rockingham Economic Development Corporation and declared that the public hearing on the subject had commenced. She said that she and the members of the Council had received written material from the Authority with respect to the proposed loan. The Governor then said that the meeting would hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the Authority, briefly explained the project and introduced Marie Capello, Executive Director of the Rockingham Economic Development Corporation and Teddi Ritchie, President of Cool Power Technologies, Inc. . The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Griffin introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:10 WITH RESPECT TO A CERTAIN LOAN FROM ROCKINGHAM ECONOMIC DEVELOPMENT CORPORATION" and moved its adoption, which was seconded by Councilor Burton. 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 Normand, and Councilor Streeter; 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 LOAN PURCHASE UNDER RSA 162-A:10 WITH RESPECT TO A CERTAIN LOAN FROM THE ROCKINGHAM ECONOMIC DEVELOPMENT CORPORATION TO COOL POWER TECHNOLOGIES, 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 purchase and acquisition by the Authority of a loan in the principal amount of up to Four Hundred Thousand Dollars ($400,000) (the "Loan") made by the Rockingham Economic Development Corporation, a municipal corporation, organized and existing under the laws of the State of New Hampshire and a local development organization (the "Lender") to Cool Power Technologies, Inc., a New Hampshire Corporation (the "Borrower") to be used to purchase the stock and assets of Semiconductor Circuits, Inc.

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 authorize and approve the purchase of the Loan by the Authority 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 purchase of the Loan by the Authority; 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 purchase and acquisition of the Loan will make available funds for the local or regional promotion, encouragement, or development of business activities in an area where such funds are needed; and

(ii) The Loan to be purchased by the Authority does not impose an undue risk of loss to the Authority.

(b) General Findings.

(i) The purchase of the Loan by the Authority as proposed will serve a public use and provide a public benefit.

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

(iii) The purchase of the Loan by the Authority 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 purchase of the Loan by the Authority 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 purchase of the Loan by the Authority as recommended by the Authority and authorize the Authority to cause the execution and delivery of a Loan Purchase Agreement substantially in the form submitted to the Governor and Council and to take such further action under the Act with respect to the transaction as may be required.

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

Passed and Agreed to December 16, 1998.

#4 The Governor and Executive Council, on motion of Councilor Normand, seconded by Councilor Burton, authorized to hold a Public Hearing with respect to the contract ("Capital Access Program: Lender Participation Agreement ") with First Alliance Bank & Trust Company. Action will authorize Resolutions under RSA 162-A:18 to determine the contract will serve a public use, provide public benefit, the proposed participating bank are qualified to participate, appropriate measures have been taken to ensure CAP loans will be made under the requirements of the Act, the contract complies with RSA 162-A-12, and reasonable precautions have been made to minimize loss, all within the policy and authority of the Act.

A roll call vote was requested, the results are as follows:
Councilor Burton-Yes:
Councilor Spaulding -Yes:
Councilor Griffin - Yes:
Councilor Normand - Yes:
Councilor Streeter -Yes.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE GOVERNOR AND COUNCIL HELD ON DECEMBER 16,1998 COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

At approximately 11:20 a.m., the Governor announced that the next matter to be considered would be the proposed contract entitled "Capital Access Program : Lender Participation Agreement" with the following bank: First Alliance Bank & Trust Company and declared that the public hearing on the subject had commenced. She said that she and the members of the Council had received written material from the Authority with respect to the proposed execution of the agreement. 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 proposed contract and introduced Tom Wallace of First Alliance Bank. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Normand introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 APPROVING THE EXECUTION OF THE STANDARD CONTRACT ENTITLED 'CAPITAL ACCESS PROGRAM : LENDER PARTICIPATION AGREEMENT' OF THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE BY THE FIRST ALLIANCE BANK & TRUST COMPANY" and moved its adoption, which was seconded by Councilor Burton. 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 Normand, and Councilor Streeter; 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 APPROVING THE EXECUTION OF THE STANDARD CONTRACT ENTITLED "CAPITAL ACCESS PROGRAM: LENDER PARTICIPATION AGREEMENT" OF THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE BY FIRST ALLIANCE BANK & TRUST COMPANY

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have previously, upon recommendation of the Business Finance Authority of the State of New Hampshire (the "Authority"), approved the Authority's standard contract entitled "CAPITAL ACCESS PROGRAM: LENDER PARTICIPATION A RESOLUTION UNDER RSA 162-A:18 APPROVING THE EXECUTION OF THE STANDARD CONTRACT ENTITLED "CAPITAL ACCESS PROGRAM: LENDER PARTICIPATION AGREEMENT" OF THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE BY FIRST ALLIANCE BANK & TRUST COMPANY

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have previously, upon recommendation of the Business Finance Authority of the State of New Hampshire (the "Authority"), approved the Authority's standard contract entitled "CAPITAL ACCESS PROGRAM: LENDER PARTICIPATION AGREEMENT" (the "Standard Contract") by resolution dated September 2, 1992 (the "Approving Resolution"); and

WHEREAS, at the time of such approval of the Standard Contract, the Governor and Council made, upon recommendation of the Authority, certain findings and determinations pursuant to RSA 162-A:18 with respect to the approval of the Standard Contract, which findings and determinations are stated in the Approving Resolution;

WHEREAS, in the Approving Resolution, the Governor and Council authorized the Authority to take necessary and appropriate steps to cause the execution of the Standard Contract with qualifying State banking institutions; and

WHEREAS, acting pursuant to the direction of the Authority, the Executive Director of the Authority has received interest from First Alliance Bank & Trust Company (the "Specific Bank") to execute the Standard Contract and participate in the Authority's Capital Access Program through such execution; and

WHEREAS, the Executive Director of the Authority has examined such information as he has deemed necessary and appropriate and has determined that the Specific Bank is a duly organized bank or trust company authorized to make loans and accept deposits in the State of New Hampshire and accordingly is qualified to execute the Standard Contract and participate in the Capital Access Program;

WHEREAS, the Governor and Council have received all the documentation and information with respect to the proposed execution of the Standard Contract which they have requested;

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

Findings and Determinations. On the basis of the documentation and information received by the Governor and Council, and assuming (1) the execution of the Standard Contract as approved by the Governor and Council on September 2, 1992, by the Authority and an authorized officer of the Specific Bank, and (2) review and acceptance of the executed Standard Contract by an appropriate official of the Office of Attorney General upon receipt of a certificate of registration of the Specific Bank and a resolution of the board of directors of the Specific Bank authorizing execution of the Standard Contract, the Governor and Council hereby find:

(a) The proposed execution of the Standard Contract and the actions of the Authority and parties executing such Standard Contract taken pursuant to the terms of such Contract will serve a public use and provide a public benefit.

(b) The proposed execution of the Standard Contract and the actions of the Authority and parties executing such Standard Contract taken pursuant to the terms of such Contract is within the policy of, and the authority conferred by RSA Chapter 162-A.

(c) The proposed execution of the Standard Contract and the actions of the Authority and parties executing such Standard Contract taken pursuant to the terms of such Contract 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.

(d) The proposed execution of the Standard Contract and the actions of the Authority and parties executing such Standard Contract taken pursuant to the terms of such Contract will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

(e) Appropriate measures have been taken to ensure that a the Specific Bank participating under the terms of such Standard Contract makes only loans which meet the requirements of RSA 162-A:12, IV.

(f) The Standard Contract complies with RSA 162-A:12, III.

(g) Reasonable precautions have been taken to minimize the risk of loss to any reserve fund which is established under the terms of the proposed Standard Contract.

(h) The Specific Bank is qualified to execute the Standard Contract and to participate under the terms of such Standard Contract and the applicable provisions of RSA Chapter 162-A.

Approval. Subject to (1) the execution of the Standard Contract as approved by the Governor and Council on September 2, 1992, by the Authority and an authorized officer of the Specific Bank, and (2) review and acceptance of the executed Standard Contract by an appropriate official of the Office of Attorney General upon receipt of a certificate of registration of the Specific Bank and a resolution of the board of directors of the Specific Bank authorizing execution of the Standard Contract, the Governor and Council approve the proposed execution of the Standard Contract by the Authority 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.

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

Passed and Agreed to December 16,1998.

OFFICE OF STATE PLANNING

The Governor and Executive Council acted as follows:

#5 Authorized to budget and expend $1,049,540.00 in additional federal funds through June 30, 1999. (2) Authorized to budget and expend prior year federal funds in the amount of $3,627,670.71 through June 30, 1999.

#6 Authorized to accept and expend additional funds from the Department of Transportation in the amount of $1,039,459 through June 30, 1999.

#7 Authorized the Office for out of state travel throughout the New England area from January 1, 1999 through March 31, 1999.

#8 Authorized to enter into an Agreement with the Town of Londonderry, NH in the amount of $187,950 through December 31, 1999. This grant will enable Londonderry to integrate the agricultural history of Londonderry with preservation of precious agricultural and natural resources and interpretive programs for students and visitors.

#9 Authorized to enter into an Agreement with the County of Belknap, NH in the amount of $500,000 through June 30, 2000. These funds are to acquire and rehabilitate sixteen units of multi-family housing in the Laconia area.

#10 Authorized to enter into an Agreement with Carl H. Paulsen, Dover, NH in the amount of $10,500 through December 31, 1999 to prepare a Regulatory Review Report for the New Hampshire Estuaries Project.

#11 Authorized to AMEND the existing Agreement with Lorraine Stuart Merrill, [initially approved on October 28, 1998 (Item #7)], by changing the end date from December 31, 1998 to May 31, 1999. No additional funds are required by this action.

#12 Authorized to AMEND an existing Agreement with the Town of Haverhill, NH [initially approved on February 19, 1997 (Item #6)], by extending the completion date from December 31, 1998 to June 30, 1999. No additional state or federal funds are required by this action.

#13 Authorized to RETROACTIVELY AMEND an existing Agreement with the City of Concord, NH, [initially approved on April 2, 1997 (Item #11)], by extending the completion date from June 30, 1998 to December 31, 1998. No additional state or federal funds are required by this action.

OFFICE OF ENERGY AND COMMUNITY SERVICES

The Governor and Executive Council acted as follows:

#14 Authorized to enter into a joint Memorandum of Agreement with the New Hampshire Technical Institute concerning the installation of a solar powered charging station for electric vehicles at the NHTI campus in Concord. ECS will provide NHTI with federal funds in the amount of $25,000 for this project.

#15 Authorized to enter into the agreement with Conservation Services Group, 441 Stuart Street, Boston, MA in an amount not exceed $26,755 through June 30, 1999 as specified in attachment of letter of December 16, 1998. This agreement will provide training and support mechanisms for the new energy code for builders, code officials, architects and others in the building community.

#16 Authorized to AMEND contract with Strafford County Community Action Committee, Inc., PO Box 160, County Farm Road, Dover, NH as a grant recipient under the Fuel Assistance Program during the period of July 15, 1998 to September 30, 1999 by increasing the contract $178,896.54 to an amount not to exceed $855,829.54.

#17 Authorized to AMEND contract with Tri-County Community Action Program, Inc., 30 Exchange Street, Berlin, NH as a grant recipient under the Fuel Assistance Program during the period of July 15, 1998 to September 30, 1999 by increasing the contract $365,172.00 to an amount not to exceed $1,998,403.00.

#18 Authorized to AMEND contract with Southwestern Community Services, Inc., 69Z Island Street, PO Box 603, Keene, NH as a grant recipient under the Fuel Assistance Program during the period of July 15, 1998 to September 30, 1999 by increasing the contract $243,258.35 to an amount not to exceed $1,157,632.00.

#19 Authorized to AMEND contract with Community Action Program Belknap-Merrimack Counties, Inc., PO Box 1016, 2 Industrial Park Drive, Concord, NH as a grant recipient under the Fuel Assistance Program during the period of July 15, 1998 to September 30, 1999 by increasing the contract $257,331.00 to an amount not to exceed $1,317,227.00.

#20 Authorized to AMEND contract with Rockingham Community Action, Inc., 7 Junkins Avenue, Portsmouth, NH as a grant recipient under the Fuel Assistance Program during the period of July 15, 1998 to September 30, 1999 by increasing the contract $244,775.25 to an amount not to exceed $1,048,328.25.

#21 Authorized to AMEND contract with Southern New Hampshire Services, Inc., 40 Pine Street, PO Box 5040, Manchester as a grant recipient under the Fuel Assistance Program during the period of July 15,1998 to September 30, 1999 by increasing the contract $420,692.00 to an amount not to exceed $2,170,507.00.

OFFICE OF EMERGENCY MANAGEMENT

#22 The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Streeter, authorized a grant agreement between the NH Office of Emergency Management and the Rochester Fire Department in the amount of $3,510.00 through February 6,1999 for the purpose of presenting a one-day seminar "Fire Ground Command and Control".

OFFICE OF THE ADJUTANT GENERAL

The Governor and Executive acted as follows:

#23 Authorized to accept and expend additional funds in the amount of $20,750.00 from the National Guard Bureau through June 30, 1999.

#24 Authorized to accept and expend funds in the amount of $65,377.00 from the federal government (National Guard Bureau) to cover 100% of the cost of utilities in support of the aircraft flight simulator and buildings in the support of the Tanker Task Force Mission for the remainder of federal FY 99 which ends on September 30, 1999.

#25 Authorized to accept and expend funds in the amount of $10,300.00 from the federal government (National; Guard Bureau) to cover 100% payment of overtime salaries and associated benefits for the Program Specialist 1 and Highway Patrol Foreman Personnel, at Pease Air National Guard (PANGB), New Hampshire during the remainder of federal FY99 which ends on September 30, 1999.

#26 Authorized to accept and expend monetary contributions in the amount of $9,934.90 for New Hampshire State Veterans Cemetery to be used for the betterment of the cemetery. These donations were received during the period of October 1, 1997 through September 30, 1998.

#27 Authorized the confirmation of Major Peter R. Crocker, Andover, MA to the rank of Lieutenant Colonel, New Hampshire Air National Guard.

#28 Authorized the confirmation of Captain Luis N. Maldonado, Concord, NH to the rank of Major, New Hampshire Army National Guard.

#29 Authorized for confirmation of CPT Joanne R. Gauthier, Barnstead, NH to the rank of Major, New Hampshire Air National Guard.

#30 Authorized the confirmation of Captain Timothy D. Ainsworth, New Boston, NH to the rank of Major, New Hampshire Air National Guard.

#31 Authorized the confirmation of Captain John F. Cuddy, Londonderry, NH to the rank of Major, New Hampshire Air National Guard.

#32 Authorized the confirmation of MAJ Jeffery R. Howard, Littleton, NH to the rank of Lieutenant Colonel, New Hampshire Air National Guard.

#33 Authorized the confirmation of Captain Lawrence A. Rea, Somersworth, NH to the rank of Major, New Hampshire Air National Guard.

#34 Authorized the confirmation of Captain Mark W. Leahey, Rochester, NH to the rank of Major, New Hampshire Air National Guard.

#35 WITHDRAWN BY GOVERNOR AND EXECUTIVE COUNCIL-Authorized for confirmation of MAJ Dwight D. Kranz, Jr, Hampton, NH to the rank of Lieutenant Colonel, New Hampshire Air National Guard.

#36 Authorized the confirmation of Major Steven F. Greco, Rye, NH to the rank of Lieutenant Colonel, New Hampshire Air National Guard.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Executive acted as follows:

#37 Authorized the approval of suggested quarterly allotments for state departments and agencies for the Fiscal Year ending June 30, 1998 as specified in attachment of letter of December 7, 1998.

#38 Authorized list of agency transfers for Fiscal Year 1999 during the month of November 1998.

#39 Authorized Bureau of Emergency Communications to take the option for a 6-month extension as provided for in section 3.3 of their current lease agreement in the amount of $15.00 per square foot with an annual rate not to exceed $9,315.00. The property is located at 6 Chennell Drive, Concord, NH. The term of the original agreement expires on December 31, 1998.

#39A Authorized Division of Plant & Property Management to exercise their option to renew a current contract with C.C Vending, Inc., Laconia, NH for the term of 5 years from January 6, 1999 and ending on January 5, 2004 for vending services at rest areas in Springfield, Seabrook and Salem.

#39B Authorized Working Capital Warrant in the amount of $300,000,000.00 to cover expenditures for the Month of January 1999.

DEPARTMENT OF REVENUE ADMINISTRATION

The Governor and Executive Council acted as follows:

#40 Authorized request of blanket travel authority [initially approved on September 29, 1998, (Item #57)], to be renewed for the period of January/February/March 1999, to permit the Collection Division to have more than one person at a time on out-of-state travel status, in connection with their normal state duties, removing the requirement that Governor and Council approval be obtained in advance of each trip.

#41 Authorized request of blanket travel authority [initially approved on September 19, 1998, (Item #56)], to be renewed for the period of January/February/March 1999, to permit the Audit Division to have ore than more person at a time on out-of-state travel status, in connection with their normal state duties, removing the requirement that Governor and Council approval be obtained in advance of each trip.

TREASURY DEPARTMENT

The Governor and Executive Council acted as follows:

#42 Authorized adoption of resolutions confirming the terms and provisions of General Obligation Bonds to be issued to finance new projects, repay outstanding commercial paper and refund certain outstanding bonds.

A roll call vote was requested by Councilor Griffin and seconded by Councilor Streeter, the results are as follows:
Councilor Burton - Yes:
Councilor Spaulding - Yes:
Councilor Griffin - Yes:
Councilor Normand - Yes:
Councilor Streeter - Yes.

#43 Authorized request of blanket travel permit through March 1999 for the Audit Section to have more than one person at a time on out-of-state travel status, in connection with their normal state duties, removing the requirement that Governor and Council approval be obtained in advance of each trip.

#44 Authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue a check to Robert Ostrofsky in the amount of $149.94.

#45 Authorized the Comptroller to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $3,172.91 as indicated in letter of December 3, 1998.

#46 Authorized to accept Quarterly Report relative to the average daily collected balances for the third quarter of 1998.

DEPARTMENT OF JUSTICE

The Governor and Executive Council acted as follows:

#47 Authorized to accept and expend a grant of $968,000 from the U.S. Department of Justice through September 30, 2000. (2) Authorized the Director, Division of Accounting Services to encumber the funds to the agencies as listed in letter of December 2, 1998.

#48 Authorized to enter into grants through September 30, 2000 and further Authorized the Director, Bureau of Accounting Services to encumber same to agencies and non-profit organizations as indicated in letter of December 2, 1998.

#49 Authorized to enter into grants through September 30, 1999 and further Authorized the Director, Bureau of Accounting Services to encumber same to Department of Safety, Division of State Police in the amount of $100,000.

#50 Authorized the Attorney General to appoint Constance N. Stratton (Position #9U355) as an Assistant Attorney General, effective upon Governor and Council approval, at the salary level $53,455, Step 4 in the range for Group M.

DEPARTMENT OF CORRECTIONS

#50A The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Burton authorized the Department to add Donald Stephen Cox, DDS, P.O.Box 1238, Amherst, NH to the list of dental consultants for fiscal year 1999 as specified in letter of December 1, 1998 effective upon approval of a valid New Hampshire license.

DEPARTMENT OF CULTURAL RESOURCES

The Governor and Executive Council acted as follows:

#51 Authorized Div. of Libraries (State Library) on behalf of the New Hampshire Automated Information System to enter into a contract for $26,000.00 with Auto-Graphics, Inc., Pomona California for Phase 1 of the development of a web based New Hampshire union list of serials.

#52 Authorized Division of Arts to accept and expend carry-forward funds from the National Endowment for the Arts through June 30, 1999, and direct the Director of the Division of Accounting Services to budget as indicated in letter of December 2, 1998.

#53 Authorized Division of Arts to grant an award to NH Music Festival Orchestra upon Governor and Council approval in the amount of $10,000. This grant will support the Festival's artistic programming which include: summer music concerts, Words on Music (an adult education program), as well as the educational/community programs Music-in-the-Schools and Mostly Music Series.

#54 Authorized Division of Arts to enter into a contract with Gordon Carlisle of Portsmouth, NH to commission a triptych mural painting in the amount of $5,077 through June 30, 1999. This mural is for one dining room in the new wing of the Glencliff Home for the Elderly.

#55 Authorized Division of Arts to enter into a contract with Susan H. Pratt-Smith of Northwood, NH to commission two stained glass windows in the amount of $11,500 through June 30, 1999. These windows are for the chapel/multipurpose room in the new wing of the Glencliff Home for the Elderly.

#56 Authorized Division of Historical Resources to enter into a contract with the City of Concord for the project, "CONCORD DOWNTOWN NATIONAL REGISTER NOMINATION. The Federal Historic Preservation Fund contract amount of $9,000.00 will be matched at a ration of 60/40 by the City of Concord with donated services and expenses. This contract will end on August 31, 1999.

#57 Authorized, with Councilor Streeter voting NO, Division of Arts to RETROACTIVELY enter into contract with Benthien Associates, Goffstown, NH in the amount of $2235.00 for the period of November 19, 1998 through January 31, 1999 to provide planning services to assist the Arts Council in preparing its five-year strategic plan for the years 2000-2005. SOLE SOURCE

BOARD OF ACCOUNTANCY

#58 The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Burton, authorized to take the option for a two-year extension as provided for in section 3.3 of their current lease agreement at a rate of $9.00 per square foot with an annual rate not to exceed $8,640. The property is at 57 Regional Drive, Concord, NH and the original agreement expires January 30, 1999.

EMPLOYMENT SECURITY

#59 The Governor and Executive Council, on motion of Councilor Griffin, seconded by Councilor Normand, authorized to enter into a service agreement with Eckhardt & Johnson, Inc. in the amount of $12,026.00 through December 30, 1998 for HVAC pipe insulation services at NHES's Salem Job and Information Center.

PUBLIC UTILITIES COMMISSIONM

The Governor and Executive Council acted as follows:

#60 Authorized to accept and expend an additional $44,580 in Utility Assessment Funds from the Portland Natural Gas Transmission System. Further Authorized the Comptroller to allocate these funds and adjust the budget as indicated in letter of December 2, 1998.

#61 Authorized Blanket Approval to travel Out-of-State with minimum incidental expenses for more than one person for the third quarter FY99.

OFFICE OF THE CONSUMER ADVOCATE

#62 The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Streeter, authorized Blanket Approval to travel Out-of-State with minimum incidental expenses for more than one person for the third quarter FY99.

DEPARTMENT OF CORRECTIONS

#63 The Governor and Executive Council, on motion of Councilor Streeter, seconded by Councilor Burton, authorized to accept and place on file the N.H. Department of Correction's Annual Report for the Fiscal Year ending June 30, 1998.

BANKING DEPARTMENT

#64 The Governor and Executive Council, on motion of Councilor Spaulding, seconded by Councilor Burton, authorized the Bank Commissioner and his staff to attend impromptu out-of state meetings and consultations with state and federal regulators in the general supervision of state-chartered banks and licensed lenders under the provisions of RSA 383:9 for the period January 1, 1999 through March 31, 1999. In addition, a request for examiners to travel to out-of-state locations when functions of a New Hampshire Bank or licensed lender under examination have been centralized by its out-of-state bank holding company.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Executive council acted as follows:

#65 Authorized, with Councilor Streeter voting NO, Division of Parks and Recreation to enter in contract with Mainstream Electronic Information Services in an amount no to exceed $2,400.00 for site hosting of World Wide Web Internet site as specified in attachment of letter of November 19, 1998. SOLE SOURCE

#66 Authorized Division of Parks and Recreation to enter into an agreement with The Rowley Agency, Inc., Concord, NH in the amount of $53,672.00 for off highway recreational vehicle landowner liability insurance policy. Contract total of the 3-year period is $161,016.00 for the term of January 1, 1999 through January 1, 2002.

#67 Authorized Division of Parks and Recreation to accept a donation of $50.00 from Mr. Geoffrey Kim of Hampton New Hampshire. The donation will be deposited into the Parks Fund.

#68 Authorized the Department to accept a gift of 16.2 acres of land in Alexandria abutting Wellington State Park from Warren H. Arnold III.

#69 Authorized Division of Parks and Recreation, Trails Bureau to enter into a National Recreational Trails Fund contract with the Townline Traildusters Snowmobile Club of Boscawen, NH, in the amount of $4,670.00

#70 Authorized Division of Parks and Recreation to renew their membership for the 1999 season with the White Mountains Attractions Association in the amount of $7,500.00.

#71 Authorized Division of Parks and Recreation to renew Cannon Mountain Aerial Tramway membership for the 1998/99 season with the Franconia Area Chamber of Commerce in the amount of $670.00. (2) Further Authorized to participate in various co-operative advertising programs not to exceed $5,820.00.

#72 Authorized Office of Travel and Tourism Development permission for Lauri E. Ostrander, Director and Andrea W. Tindal, Assistant Director to travel out-of-state at the same time to attend Discover New England Board Meetings, and other functions associated with travel promotions, and regional efforts during the period from January 1, 1999 to March 31, 1999.

#73 Authorized Division of Forests and Lands to budget an allotment of surplus funds from the Caroline A. Fox Trust Fund Control Account in the amount of $3,000.00. (2) For the Division to receive and disburse these funds as indicated in letter of November 30, 1998.

#74 Authorized Division of Forests and Lands to enter into an agreement with Thomas Thomson of Orford, NH in the amount of $7,950 for the development of a Forest Stewardship Plan as a result of the January 1998 ice storm.

#75 Authorized Office of Business and Industrial Development to pay a subscription fee to the USA Information Systems, Inc., Virginia Beach in the amount of $6,800.00 for the use of Military Standard and Specification Library Software provided to the New Hampshire Procurement Technical Assistance Program. The vendor also provides procurement history and monthly updated information.

FISH AND GAME DEPARTMENT

The Governor and Executive Council acted as follows:

#76 Authorized the Department on behalf of the Great Bay National Estuarine Research Reserve to accept $10,000.00 in system-wide monitoring funds from the Estuarine Reserves Division of the National Oceanic and Atmospheric Administration.

#77 Authorized to accept and expend $9,898.80 from the NH Highway Safety Agency for a Highway Safety Grant entitled "Snowmobile DWI Patrols". This grant will utilize, on an off-duty basis, officers who will conduct DWI enforcement patrols on public ways where trails intersect roadways and public parking areas where machines are loaded and unloaded.

#78 Authorized to accept a donation of $2625.00 from The Ruffed Grouse Society, and further Authorized the Director of Account Services to budget these funds according to the attachment to letter of November 24, 1998. (2) Authorized to enter into an Agreement with Hopkinton Forestry and Landclearing of Henniker, NH at a cost not to exceed $7500.00 through March 31, 1999 for a wildlife habitat improvement project at District #5 State Forest in Concord, NH.

#79 Authorized to accept the donation of a 6+/- acre parcel of land in Newton, NH from the Shirley I. Sherrill Trust. This property abuts the Sargent Wildlife Management Area and would provide better public access for hunting, fishing, Department activities and other passive recreational interests.

#80 Authorized to purchase 1.53 acres of land in the Town of Fitzwilliam, NH from Edith C. Holmes, for the sum of $25,000.00. This purchase would provide for the development of a parking area for cars and trailers at the boat ramp site on Laurel Lake.

#81 Authorized to purchase approximately 48 acres of land in the Town of Antrim, NH from The Nature Conservancy, for the sum of $58,000.00. This purchase would provide for the continued public use and enjoyment of the North Branch of the Contoocook River for fishing and whitewater canoeing.

#82 Authorized to AMEND an approved Memorandum of Agreement with the University of New Hampshire. This amendment would extend the completion date from May 30, 1998 to March 31, 1999. All other provisions remain the same.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Executive Council acted as follows:

#83 Authorized blanket approval for out-of-state travel to Boston, Lexington and other locations in Massachusetts, for more than one person through June 30, 1999. This would be used to cover meetings associated with the routine work of the department.

#84 Authorized to accept $33,000 of federal funds from the National Park Service, through September 30, 1999 for the purpose of Lamprey River Planning and Outreach Assistance as specified in letter of November 23, 1998.

#85 Authorized to accept additional funds in the amount of $80,000 from the United States Environmental Protection Agency through December 31, 1999.

#86 Authorized to accept $75,000 in federal funds to establish the "Promotion Pollution Prevention Through Networking Project-Phase 2", through December 31, 1999.

#87 Authorized, with Councilor Streeter voting NO, to enter into a one year contract with the New Hampshire Association of Broadcasters in the amount of $68,918 to produce and air radio and television non-commercial sustaining announcements dedicated to transportation related air quality issues throughout the state through December 31, 1999. SOLE SOURCE

#88 Authorized to AMEND a contract with the City of Laconia, 45 Beacon Street East, Laconia, NH through September 30, 1999. This amendment would provide the City of Laconia with additional time in which to complete the agreed upon scope of services.

#89 Authorized to enter into a contract amendment (Amendment #6) with Metcalf & Eddy Services, Inc. for $373,066 to provide for maintenance of groundwater treatment facilities at the Gilson Road Superfund Hazardous Waste Site in Nashua, NH. This amendment will commence on January 1, 1999 and expire on December 31, 1999.

#90 Authorized approval of State Grant amendments for Public Water Systems for Waterville Estates Village District-Initial Grant- $115,995.10-Amendment $46,077.97-Total $162,073.07 New London/Springfield Water Precinct-Initial Grant $164,233.65-Amendment $253,864.82-Total $508,171.54. NEW HAMPSHIRE VETERANS HOME

#91 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, authorized a blanket exemption to the two person or more out-of-state travel prior approval requirement for up to six staff to travel to states with the Department of Veterans Affairs Northeast Region (Vermont, Maine, Massachusetts, Rhode Island, and Connecticut) for the period of January 1, 1999 through June 30, 1999.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE OF ADMINISTRATION

The Governor and Executive Council acted as follows:

#92 Authorized to RETROACTIVELY make a payment in the amount of $25,164 to Systems Management, Inc., 1001 Sampson Street, PO Box 118, New Castle, PA, for services retroactive to November 1,1998 through December 31, 1998 for cleaning and janitorial services for the Department's Concord leasehold property located at 115, 117, and 129 Pleasant Street in Concord, NH.

#93 Authorized Office of Information Systems and Finance, and the Division of Elderly and Adult Services, to increase the encumbrance limit of the Technical and Support Personnel contract for DHHS efforts [initially approved January 28, 1998, (Item #101) and amended on December 2, 1998 (Item #76) by $1,100,000 from $12,071,246 to cumulative total not to exceed $13,171,246 through June 30, 1999.

OFFICE OF FAMILY SERVICES

#94 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, authorized Division of Behavioral Health to accept and expend a new grant in the amount of $51,797.00, from the United States Department of Health and Human Services, through August 31, 1999.

OFFICE OF PROGRAM SUPPORT

#95 The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Streeter, authorized Division of Child Support Services, to RETROACTIVELY accept and expend federal funds in the amount of $85,960 retroactive to September 29, 1998 through September 19, 1999.

OFFICE OF HEALTH MANAGEMENT

The Governor and Executive Council acted as follows:

#96 Authorized Bureau of Family and Community Health to contract with Lamprey Health Care of Newmarket, NH in the amount of $75,668 through June 30, 1999 to provide dental care.

#97 Authorized Bureau of Family and Community Health to AMEND an existing contract with the Trustees of Dartmouth College, Hanover, NH [initially approved on June 11, 1997 (Item #56) and amended on May 13, 1998 (Item #66)], by increasing the dollar amount by $500.00 from $197,000 to new total of $197,500. This amendment will become effective December 2, 1998, or date of Governor and Council approval, whichever is later, through June 30, 1999.

DEPARTMENT OF YOUTH DEVELOPMENT SERVICES

The Governor and Executive Council acted as follows:

#98 Authorized to accept and expend $10,310.32 in additional funds from the New Hampshire State Department of Education for grant entitled "Supplemental Instructional Resources" through June 30, 1999.

#99 Authorized to accept material of Plexiglas with the value of $100.00, donated by Mr. Jim Rosenthal of Eastern Plastics for use in the Tobey School by the Woodworking and Science teachers.

#100 Authorized to conduct occasional out-of-state trips, from January 1, 1999 through March 31, 1999. These trips are usually for educational and recreational purposes.

DEPARTMENT OF ECUCATON

The Governor and Executive Council acted as follows:

#101 Authorized to accept and expend additional grant funds in the amount of $16,666.19 from the United States Department of Education during the fiscal year ending June 30, 1999.

#102 Authorized to accept and expend additional grant funds in the amount of $1,551,794.96 from the United States Department of Education during the current fiscal year ending June 30, 1999.

#103 Authorized to accept and expend additional grant funds from the U.S. Department of Labor in the amount of $1,886,605.08 during the current fiscal year ending June 30, 1999.

#104 Authorized Division of Adult Learning and Rehabilitation, Bureau of Social Security Disability Determination Service to enter into a contract with R & T Electric, Concord, NH in an amount not to exceed $17,480 through January 30, 1999 to install electrical wiring in accordance with federal specifications to permit the installation of a new computer system at the agency's offices at 78 Regional Drive, Concord, NH.

#105 Authorized Division of Adult Learning and Rehabilitation to enter into a contract with Dean Giftos, DDS in an amount not to exceed $10,400 through September 30, 1999 to provide dental consultation services to improve the timeliness and the cost effectiveness of dental restoration services.

#106 Authorized Division of Adult Learning and Rehabilitation to enter into a contact with Bostic Building and Remodeling, PO Box 389, Contoocook, NH in an amount not exceed $20,250.00 through June 30,1999 to provide home modifications to a client's residence.

#107 Authorized, with Councilor Streeter voting NO, to enter into a contract with North Country Education Services Foundation, Gorham, NH in an amount not to exceed $45,000 through September 30, 1999 to provide supplemental educational services statewide to the New Hampshire Migrant Education Program. SOLE SOURCE

#108 Authorized to enter into a contract with John R. LaCourse, Ph.D., University of New Hampshire, Electrical and Computer Engineering Department, Kingsbury Hall, Room, 120, Durham, NH in the mount of $34,338 through September 30, 2001. The purpose of this contract is to have John R. LaCourse, Ph.D. provide rehabilitation-engineering services to severely disabled clients of the Division of Adult Learning and Rehabilitation Services.

#109 Authorized to enter into a contract with Niel B. Vroman, Ph. D., 24 Quail Drive, Dover, NH in the amount of $62,432 through September 30, 2001. The purpose of this contract is to have Neil B. Vroman, Ph. D. provide rehabilitation-engineering services to severely disabled clients of the Division of Adult Learning and Rehabilitation Services.

#110 Authorized a grant to Jade Warfield, Sanbornton, NH in the amount of $33,307 through June 30, 1999 to provide an implementation of an early literacy acquisition program for students in grades K-3.

NH COMMUNITY TECHNICAL COLLEGE SYSTEM

The Governor and Executive Council acted as follows:

#111 Authorized to accept and expend federal funds on behalf of the NH Job Training Council in the amount of $120,000 from the Corporation for National and Community Service.

#112 Authorized to extend the leave absence without pay for Mr. Abu Badruddin, TI/C Professor of Geographic Information Systems, at the Berlin Community Technical College effective January 1, 1999 through May 20, 1999.

#113 Authorized New Hampshire Police Standards of Training Council to enter into a service agreement with Salem Police Department, 9 Veterans Memorial Parkway, Salem, NH to provide a staff member at the 117th New Hampshire Police Academy for 12 week period, at a cost not to exceed $4,900.00

#114 Authorized the Department of Regional Community Technical Colleges, the NH Technical Institute, the Community Technical Colleges, Planetarium, and Police Standards and Training Council to use State-owned vehicles for transporting students and/or staff participating in approved physical education functions, instruction, instructional field trips, workshops, conferences, accreditation visits, clinical affiliations, and admissions work out-of-state, when authorized by the Commissioner, Institute/College President, Planetarium Director or Police Standards Director. This blanket out-of-state travel approval for more than one person would cover through June 30, 1999.

#115 Authorized a vehicle "fleet" start-up in conjunction with permanent/overnight status assignment of a state-owned vehicle for use by the Director of Marketing and Public Relations at the Christa McAuliffe Planetarium, Joan R. Vetter of Newmarket, NH.

DEPARTMENT OF TRANSPORTATION

The Governor and Executive Council acted as follows:

#116 Authorized to accept and place on file the New Hampshire Department of Transportation's Annual Report for the fiscal year ending June 30, 1998.

#117 Authorized the Commissioner or designee to pay Small Claims submitted under the provisions RSA 228:29 for the period of January, February and March 1999.

#118 Authorized the Contemplated Award List for the period November 10, 1998 through November 24, 1998.

#119 Authorized to accept and place on file the 1998 New Hampshire Connecticut River Bridge Advisory Commission Annual Report.

#120 Authorized to execute a Loan Agreement in accordance with Chapter 310:3, Laws of 1997, with the Plymouth & Lincoln Railroad Corporation in an amount not to exceed $65,650.00.

#121 Authorized Bureau of Highway maintenance to enter into an agreement with Keene Maintenance Service, P.O. Box 1056, Keene, NH in the amount of $12,305.00 through June 30, 2000 for the purpose of providing janitorial services at the District 04 Office Building located at 19 Base Hill Road, W. Swanzey, NH.

#122 Authorized to AMEND an Agreement with Rockingham Planning Commission, 154 Water St, Exeter, for additional tasks as part of its Agreement to perform planning services, for an additional fee not to exceed $12,000.00. The final completion date is June 30, 1999.

#123 Authorized to enter into a lease with Northern Building Supply for $17,185 square feet of the State-owned Mountain Division Railroad Line in the Town Conway for a period of 5 years at $3,800.00 per year with an option of an additional 5 years at the then current market rate, plus a one time administrative fee of $500.00.

#124 Authorized to enter into a Purchase and Sale Agreement with the New Hampshire and Vermont Railroad Company, Inc., a division of CSF Acquisitions, Inc., PO Box 1267 Trenton, FL in the amount of $1,300,000 to acquire portions of the Berlin and Groveton Branch Railroad Lines in Grafton and Coos Counties.

#125 Authorized contract with Waste Management of NH, Inc., 90 Rochester Neck Road, Rochester, NH in the amount of $15,568.00 through June 30, 2001 to provide rubbish disposal services for Hooksett Maintenance Facility on the Central Turnpike.

#126 Authorized to AMEND the existing agreement with Nashua Regional Planning Commission. The Price Limitation was amended on May 28, 1998 to read "a basic lump sum of $99,054.00". The amendment changes the "Price Limitation" to $127,054.00.

#127 Authorized to enter into an agreement with Vanasse Hangen Brustlin, Inc. of Kilton Road, Six Bedford Farms, Suite 607, Bedford, NH and 101 Walnut Street, Watertown, MA for a time-and-materials fee not to exceed $300,000.00 for 36 months from the date of the Notice to Proceed. This agreement is for a variety of Congestion Mitigation and Air Quality Projects Statewide as well as Transportation Enhancement Projects Statewide.

#128 Authorized to enter into an agreement with Vanasse Hangen Brustlin, Inc. of Kilton Road, Six Bedford Farms, Suite 607, Bedford, NH and 101 Walnut Street, Watertown, MA for a total fee not to exceed $1,550,391.33. The completion date is 20 months from the date of Notice to Proceed. This agreement is for engineering services for final design of highway improvements for I-293, NH Route 101, US Route 3 and Kilton Road in the Town of Bedford.

#129 Authorized to enter into an agreement with Edwards and Kelcey, Inc. of The Hesser Center, One Sundial Avenue, Suite 410, Manchester, NH for a total fee not to exceed $83,116.00. The completion date is 9 months from the date of Notice to Proceed. The agreement is for engineering services for study of improvement of section of US Route 3/NH 11 in vicinity of Belknap Mall in the Town of Belmont.

#130 Authorized to enter into an agreement with A.G. Litchtenstein & Associates, Inc., 12 Irving Street, Framingham, Ma for a total fee not to exceed $229,230.18 through January 7, 2000 for engineering services for preliminary and final design for the rehabilitation of a steel tied arch bridge across the Connecticut River.

#131 Authorized to modify the Department's Agreement for engineering services with Fay, Spofford & Thorndike, Inc., 5 Burlington Woods, Burlington, MA by increasing the total amount payable under the Agreement by $205,971.72, from $4,632,532.02 to $4,838,503.74.

#132 Authorized to enter into agreement with PDT Architects, Millyard Tech Park, 15 Pine Street, Nashua, NH for a Lump Sum Price of $233,435.00 for the purpose of Professional Architectural Services for Dover, Durham, and Somersworth District Court, Dover, NH. (2) Further resolve that a contingency in the amount of $23,343.00 be approved for payment of latent conditions that may appear during execution of the project.

#133 Authorized contract with New England Signal Systems, Inc., Northwood, NH on the basis of low bid of $56,984.00 with a final completion date of June 25, 1999. This contract provides for the reconstruction of traffic signals and upgrading control equipment at NH Route 49 and NH Route 175.

#134 Authorized contract with East Coast Signal, Inc., Rochester, NH on the basis of a low bid of $59,764.00 with a final date of completion June 25, 1999. This contract provides for the reconstruction of traffic signals and upgrading control equipment at NH Route 16 and NH Route 153.

#135 Authorized to increase the contingency for contract #216825 with Moores Marine Construction Corp., Dover, NH by an additional $135,000.00, from $184,654.90 to $319,654.90. This revises the September 9, 1998 resolution encumbrance totaling $824,543.90 to a new total of $959,453.90.

#136 Authorized to enter into contract with M.J. Murphy and Sons, Inc., 145 Green Street, P.O. Box 128, Somersworth, NH for a lump sum price of $43,800 for the purpose of roof replacement, Riverview Cottage, Youth Development Center, Manchester, NH. (2) Further resolve that a contingency in the amount of $4,380.00 be approved for payment of latent conditions which may appear during execution of the project.

#137 Authorized to enter into contract with D.R. Cassidy Electric Co., Inc., 146 Londonderry Tpke., Hooksett, NH for a lump sum price of $42,800 for the purpose of installation of an access/security system in State Offices, Monadonock Mill, Claremont, NH. (2) Further resolve that a contingency in the amount of $2,568.00 be approved for payment of latent conditions which may appear during execution of the project.

#138 Authorized to enter into contract with D.R. Cassidy Electric Co., Inc., 146 Londonderry Tpke., Hooksett, NH for a lump sum price of $31,200.00 for the purpose of constructing a computer training laboratory at Police Standards and Training Facility, Concord, NH. (2) Further resolve that a contingency in the amount of $2,800.00 be approved for payment of latent conditions which may appear during execution of the project.

#139 Authorized to enter into contract with Major L. Rodd, Inc., 2 Perkins Street, St. Johnsbury, VT for a lump sum price of $22,550.00 for the purpose of roof replacement on Koutras House at New Hampshire Hospital, Concord, NH. (2) Further resolve that a contingency in the amount of $2,255.00 be approved for payment of latent conditions which may appear during execution of the project.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Executive Council acted as follows:

#140 Authorized request of Michael Cikacz to construct a two slip boathouse on property located at Lake Winnipesaukee in Gilford.

#141 Authorized request of Tim Sullivan Canyon Trust of 1996 to construct a boat basin with a boat ramp and dug-in boathouse with a boat lift system on property located at Lake Winnipesaukee in Wolfeboro.

#142 TUITION REQUESTS

The Governor and Executive Council approved the following tuition requests:

A. COMMUNITY TECHNICAL COLLEGE - Requests permission to pay Plymouth State College $600.00 for the sole purpose of enrolling Milton Camille, Professor, in the course entitled "Elements of the Web."

B. COMMUNITY TECHNICAL COLLEGE - Requests permission to pay the University of New Hampshire, Durham, NH, the sum of $600.00 for the sole purpose of enrolling Lynne Bennett, Director, in the course entitled "Family Counseling."

C. EDUCATION - Requests permission to pay University of New England, Biddeford, ME, the sum of $2,085.00 for the sole purpose of enrolling Rachel Berube, Rehabilitation Counselor II, in the courses entitled "Advanced Research Methods" and "Advanced Trauma Based Seminar."

D. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $921.00 for the sole purpose of enrolling Gregory Kirby, Environmentalist III, in the course entitled "Master's Thesis Seminar."

E. ENVIRONMENTAL SERVICES - Request permission to pay the University of New Hampshire, Durham, NH, the sum of $885.00 for the sole purpose of enrolling Richard Levergood, Civil Engineer IV, in the course entitled "Groundwater Modeling."

F. ENVIRONMENTAL SERVICES - Request permission to pay New Hampshire College, Gilford, NH, the sum of $459.00 for the sole purpose enrolling Pauline Doucette, Accountant I, in the course entitled "Environmental Issues."

G. ENVIRONMENTAL SERVICES - Request permission to pay New Hampshire College, Gilford, NH, the sum of $459.00 for the sole purpose enrolling Pauline Doucette, Accountant I, in the course entitled "Strategic Management and Policy."

H. ENVIRONMENTAL SERVICES - Request permission to pay Franklin Pierce College, Concord, NH, the sum of $810.00 for the sole purpose of enrolling Timothy Denison, Supervisor, in the course entitled "Financial Management."

I. HEALTH AND HUMAN SERVICES, Office of Family Services - Requests permission to pay the New Hampshire Community Technical College, Manchester, NH, the sum of $330.00 for the sole purpose of enrolling James, Musumeci, Program Planning and Review Specialist, in the course entitled "Computer Programming I, Visual Basic."

J. TRANSPORTATION - Requests permission to pay Franklin Pierce College, Concord, NH, the sum of $277.50 for the sole purpose of enrolling Timothy Davis, Engineer Technician, in the course entitled "Principals of Management"; ALSO to pay New Hampshire Community Technical College, Laconia, NH, the sum of $358.00 for the sole purpose of enrolling Michael Curley, Engineer Technician, in the courses entitled "Critical Thinking" and "Decision Making"; ALSO to pay New Hampshire Community Technical College, Laconia, NH, the sum of $168.00 for the sole purpose of enrolling Thomas Balint, Engineer Technician, in the course entitled "Intro to Business Finance"; ALSO to pay New Hampshire College, Manchester, NH, the sum of $247.50 for the sole purpose of enrolling Michael Brown, Superintendent, in the course entitled "Organizational Behavior."

#143 TRAVEL REQUESTS

The Governor and Executive Council approved the following travel requests:

A. ADMINISTRATIVE SERVICES, Bureau of Emergency Communications - Requests permission to amend Governor and Council travel Item # 136A, on November 18, 1998 to increase the total from $965.00 to $1,555.00. The registration fees were inadvertently not included in the original request.

B. EDUCATION - Requests permission for John Flannery, Supervisor, and Mary Lou Mion, Disability Specialist, or designee to travel to Augusta, ME, on January 4-6, 1999 to attend the Post-Installation of IWS/LAN Training. Total Cost: $605.75. Source of Funds: 100% Federal Funds.

C. EDUCATION - Requests permission for Justina Hale-List, Administrator, and Paul Leather, Director, or designee, to travel to Baltimore, MD, on January 12-14, 1999, to attend the School to Work State Directors Meeting. Total Cost: $858.00. Source of Funds: 100% Federal Funds.

D. HEALTH AND HUMAN SERVICES, Office of Family Services - Requests permission for Joan Whitfield, Administrator, Roger Desrosiers, Program Specialist, Rogers Lang, Legal Coordinator, and Robert Boisvert, Program Specialist, or designee, to travel to Boston, MA, on December 17, 1998 to attend the Indian Child Welfare Act Training. Total Cost: $35.00. Source of Funds: 50% Federal and 50% General Funds.

E. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for William Roy, Assistant Mtn. Manager, and Gary Roy, Aerial Lift Mechanic, or designee, to travel to Angel Fire, NM on January 12-25, 1999 to attend the Viewing of Leitner Lift. Total Cost: $1,466.00. Source of Funds: Leitner will pay for $466.00. The balance of $1000.00 is 100% Cannon Mtn. Fees.

F. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for Dick Andross, Manager, Bill Roy, Asst. Manager, Michael Pelchat, Park Manager, and Kat Gray, Retail Operations Manager, or designee, to travel to Mt. Snow; Stratton, VT; and Providence, RI, on January 25-February 11, 1999 to attend Mt. Snow Conference & Trade Show, Vermont On Snow Demos Show; and Providence Ski and Snowboard Show. Total Cost $1,415.00. Source of Funds: 100% Cannon Mtn. Fees.

G. RESOURCES AND ECONOMIC DEVELOPMENT - Requests permission for Kat Gray, Retail Operations Manager, and Brian Clark, Rental Manager, or designee, to travel to Las Vegas, NV, on March 9-13, 1999 to attend the Las Vegas NVSIA Ski and Snowboard Show. Total Cost: $2,440.00. Source of Funds: 100% Concession Sales.

LATE ITEMS

A. OFFICE OF STATE PLANNING
Authorized to amend an existing agreement with the City of Claremont, NH, by increasing agreement by $12,747. Project involves the renovation of a historic school building for use as a Head Start Facility.

B. OFFICE OF STATE PLANNING
Authorized to amend an existing agreement with the City of Keene, NH to extend the time period to complete the project from December 31, 1998 to December 31, 1999. No additional state or federal funds are required by this action. Project is to develop a fifty-acre industrial site known as the Black Brook Industrial Park in Keene.

C. DEPARTMENT OF ENVIRONMENTAL SERVICES
Authorized to approve the "Report of the Special Committee" and its recommendations pertaining to the New Hampton Landfill eminent domain proceeding and the acquisition of land at and adjacent to the landfill owned by Theodore E. Rivest, Jr. in the Town of Bristol.

D. DEPARTMENT OF HEALTH AND HUMAN SERVICES: OFFICE OF HEALTH MANAGEMENT
Authorized, with Councilor Streeter voting NO, to enter into an agreement with the New Hampshire Healthy Kids Corporation, NH in the amount of $2,765,575 to provide application, enrollment and premium billing services for the State's Children's Health Insurance Programs (CHIP).

E. DEPARTMENT OF HEALTH AND HUMAN SERVICES: OFF ICE OF FAMILY SERVICES
Authorized RETROACTIVE educational tuition agreement for Scott Shepherd, Juvenile Services Officer II in the amount of $895.00.

F. DEPARTMENT OF TRANSPORTATION: BUREAU OF RIGHT-OF-WAY
Authorized supplemental Contemplated Awards List for the period December 14.1998 through December 14, 1998.

G. DEPARTMENT OF CORRECTIONS
Authorized the Department of Corrections to enter into a 15-year lease with the Lakes Region Mutual Fire Aid Association, Laconia, NH, for approximately 4,500 square feet of the State-owned Dwinell Building. The rent is one dollar per year.

NO PARDON HEARINGS

The Governor set the next regular meeting of the Governor and Executive Council for January 6, 1999 10:30 a.m. at the State House, Concord, New Hampshire.

The Honorable Board then adjourned.

 

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