GOVERNOR AND EXECUTIVE COUNCIL MINUTES

John O’Leary Adult Community Center, Merrimack, NH

October 31, 2007, 10:00 a.m.

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

*

The Governor and Executive Council on motion of Councilor Shea, seconded by Councilor Hollingworth, accepted the minutes of October 17, 2007.

*

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Wieczorek approved the appointment of several persons nominated for Civil Commissions from the October 17, 2007 meeting.

*

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

*

The Governor and Council, on motion of Councilor Pignatelli, seconded by Councilor Wieczorek, voted to set the date for a special election for state representative in Hillsborough County District No.7 (Goffstown, Weare).

The filing period will begin on December 24, 2007 and end on December 31, 2007. The primary election will be February 5, 2008. The special election will be March 11, 2008.

The Governor and Council, on motion of Councilor Hollingworth, seconded by Councilor Shea, voted to set the date for a special election for state representative in Rockingham County District No.1 (Candia, Deerfield, Northwood, Nottingham).

The filing period will begin on November 5, 2007 and end on November 13, 2007. The primary election will be December 18, 2007. The special election will be January 22, 2008.

RESIGNATIONS

The Governor and Council accepted the following resignation

Midwifery Council

(Midwife)

Judith A. Gillen, Keene Effective: October 31, 2007

CONFIRMATIONS

The Governor and Council confirmed the following:

Agricultural Lands Preservation Committee

Dwight E. Barney, Lee Effective: October 31, 2007

Succeeding: Elwin Hardy, Hollis Term: October 10, 2010

Board of Chiropractic Examiners

(Public Member)

Laura Sheppard, Amherst Effective: October 31, 2007

Succeeding: Laura V. Althoff, Concord (resigned) Term: December 28, 2008

Consumer Advocate

Meredith A. Hatfield, Concord Effective: November 5, 2007

Reappointment Term: November 5, 2011

Salary: FF Maximum $76,852

Director: Division of Program Support – Department of Education

Nominated by the Commissioner of the Department of Education

Judith D. Fillion, Concord Effective: November 8, 2007

Reappointment Term: November 8, 2011

Salary: GG Maximum $82,978

Economic Development Matching Grants Program

Nominated by the New Hampshire Economic Developers Association

Kenneth G. Lurvey, Concord Effective: October 31, 2007

Vacancy Term: October 31, 2010

Economic Development Matching Grants Program

Nominated by the New Hampshire Economic Developers Association

Elizabeth A. Thompson, Dover Effective: October 31, 2007

Vacancy Term: October 31, 2010

Judicial Council

(Attorney)

Philip H. Utter, Exeter Effective: October 31, 2007

Reappointment Term: October 18, 2010

New Hampshire Land & Community Heritage Authority

(Outdoor Recreation)

Julia Steed Mawson, Pelham Effective: October 31, 2007

Succeeding: Linda Read Stoddard, North Haverhill Term: September 6, 2011

Marital Master

Nominated by the Judge of the Judicial Branch Family Division

Henrietta W. Luneau, Hopkinton Effective: October 31, 2007

Vacancy Term: October 31, 2010

Marital Mediator Certification Board

(Attorney)

Karen J. Borgstrom, Lyme Effective: October 31, 2007

Reappointment Term: October 11, 2010

Marital Mediator Certification Board

John D. Cameron, Gilford Effective: October 31, 2007

Succeeding: Georgine M. Williams, Bedford Term: September 6, 2010

Marital Mediator Certification Board

Ellen Dinerstein, Hancock Effective: October 31, 2007

Reappointment Term: September 6, 2010

Board of Mental Health Practice

(Public Member)

David J. Braiterman, Concord Effective: October 31, 2007

Reappointment Term: October 31, 2010

Board of Mental Health Practice

(Licensed Clinical Social Worker)

Sheila Renaud-Finnegan, Pembroke Effective: October 31, 2007

Reappointment Term: October 31, 2010

Board of Natural Scientists

Craig A. Wood, Deerfield Effective: October 31, 2007

Reappointment Term: October 26, 2012

Public Water Access Advisory Board

(Lakes Association)

Joseph B. Goodnough, Newbury Effective: October 31, 2007

Succeeding: Maynard Goldman, Grantham Term: October 27, 2010

Public Water Access Advisory Board

(Hunting)

Joseph A. Norton, Henniker Effective: October 31, 2007

Succeeding: Roger J. Bellerose, Sr., Manchester Term: October 27, 2010

Public Water Access Advisory Board

(Public Member – Chairman)

Thomas Quarles, Jr., Brookline Effective: October 31, 2007

Reappointment Term: October 27, 2010

Recreational Therapy Governing Board

Deborah Ann Robinson, Merrimack Effective: October 31, 2007

Reappointment Term: October 25, 2010

Associate Justice: Superior Court

Kenneth C. Brown, Manchester Effective: October 31, 2007

Term: Until 70 years of age

Associate Justice: Superior Court

Diane M. Nicolosi, Concord Effective: October 31, 2007

Term: Until 70 years of age

Associate Justice: Superior Court – with Councilor Pignatelli abstaining

Brian T. Tucker, Hopkinton Effective: October 31, 2007

Term: Until 70 years of age

Volunteer NH Board of Directors

(Community-Based Organization)

Paula J. Gregory, Milford Effective: October 31, 2007

Reappointment Term: October 10, 2010

Wetlands Council

(Farm or Forest Landowner)

George W. Kimball, Center Sandwich Effective: October 31, 2007

Vacancy Term: October 31, 2010

State Commission on the Status of Women

Louise B. Graham, Wolfeboro Effective: October 31, 2007

Succeeding: Elizabeth Paine, Plymouth Term: October 20, 2010

State Commission on the Status of Women

Gyme D. Hardy, Concord Effective: October 31, 2007

Succeeding: Jessica Stern, Concord Term: October 20, 2010

NOMINATIONS

The Governor placed into nomination the following:

Board of Acupuncture Licensing

Jeanne Ann Whittington, Dunbarton Effective: Upon confirmation

Reappointment Term: October 14, 2010

State Committee on Aging

(Grafton County)

Louis E. Paré, Holderness Effective: Upon confirmation

Succeeding: Susan M. Presby, Littleton Term: June 24, 2010

Commissioner: Department of Agriculture

Lorraine Stuart Merrill, Stratham Effective: Upon confirmation

Succeeding: Stephen H. Taylor, Plainfield Term: November 18, 2012

Salary: HH/Step 3, $81,445.00

Alcohol and Drug Abuse Prevention, Intervention and Treatment Commission

(Public Member)

M. Anne Lawing, Dover Effective: Upon confirmation

Succeeding: J. Gail Barry, Manchester Term: October 4, 2010

New Hampshire State Council on the Arts

Tim Sappington, Randolph Effective: Upon confirmation

Reappointment Term: November 23, 2012

Board of Barbering, Cosmetology and Esthetics

(Cosmetologist)

Kathleen A. Humes, Deerfield Effective: Upon confirmation

Succeeding: Sheila Covert, Milford (resigned) Term: July 1, 2008

State Board of Fire Control

(Natural Gas Distribution)

William F. Ruoff, Antrim Effective: Upon confirmation

Reappointment Term: September 2, 2012

Board of Licensure of Interpreters for the Deaf and Hard of Hearing

(Consumer of oral interpreting services)

Izabella Kantsepolsky, Nashua Effective: Upon confirmation

Reappointment Term: October 10, 2010

Joint Promotional Program Screening Committee

(Member-at-Large)

Nominated by the New Hampshire Travel Council

Suzanne Bresette, North Hampton Effective: Upon confirmation

Succeeding: Brett St. Clair, Dunbarton Term: July 13, 2010

Joint Promotional Program Screening Committee

(Chamber of Commerce)

Nominated by the New Hampshire Travel Council

Robin Comstock, Nottingham Effective: Upon confirmation

Reappointment Term: July 13, 2010

Board of Mental Health Practice

(Clinical Mental Health Counselor)

Gail Mears, Ashland Effective: Upon confirmation

Succeeding: Jeanette Goldberg, Manchester Term: October 31, 2010

Midwifery Council

(Midwife)

Cilia Bannenberg, Barrington Effective: Upon confirmation

Succeeding: Judith Gillen, Keene (resigned) Term: September 28, 2010

Board of Natural Scientists

(Public Member)

Patricia A. Barker, Campton Effective: Upon confirmation

Reappointment Term: November 19, 2012

Water Council

(Industrial Interests)

James Varotsis, Portsmouth Effective: November 29, 2007

Reappointment Term: November 29, 2011

Wetlands Council

(Member of Municipal Conservation Commission)

Paul A. Dionne, Derry Effective: Upon confirmation

Succeeding: Camilla C. Lockwood, Chester Term: November 21, 2010

State Commission on the Status of Women

Linda Gathright, Nashua Effective: Upon confirmation

Succeeding: Sylvia Gale, Nashua (resigned) Term: October 20, 2008

ITEM REMOVED FROM TABLE

The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Burton, voted to remove the amendment for item #96A - which was tabled at the October 3, 2007 Meeting

Councilor Pignatelli, seconded by Councilor Hollingworth submitted the following amendment. The tollbooth rates at southbound exits 10 and 11 of the F. E. Everett Turnpike in Merrimack shall be set at $0.00. This is effective at 12:01 a.m. on October 22. 2007. 

FAILED -TABLED AMENDMENT - The motion to approve the amendment, with an amended effective date of November 22, 2007, was defeated on a roll call vote.

Roll Call: Councilor Burton – no

Councilor Shea – no

Councilor Hollingworth – no

Councilor Wieczorek – no

Councilor Pignatelli - yes

BUSINESS FINANCE AUTHORITY

#1 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Hollingworth and further on a roll call vote as follows: Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli – yes, Authorized to hold a Public Hearing with respect to the financing of commercial facilities by the Business Finance Authority for Huggins Hospital located in Wolfeboro, New Hampshire; for Littleton Regional Hospital located in Littleton, New Hampshire; and Monadnock Community Hospital located in Keene, 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 OCTOBER 31, 2007

AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK

* * * * * *

At 11:30 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 Huggins Hospital, Littleton Hospital Association, and Monadnock Community Hospital 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 explained that a public hearing had been held in Concord, the State capital, earlier that morning in compliance with Federal law and that no one had attended. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; [there being none], Councilor Burton introduced a resolution entitled "A RESOLUTION AUTHORIZING THE PROJECTS, $10,000,000 FOR HUGGINS HOSPITAL, $30,000,000 FOR LITTLETON HOSPITAL ASSOCIATION AND $20,350,000 FOR THE MONADNOCK COMMUNITY HOSPITAL" and moved its adoption, which was seconded by Councilor Hollingworth. 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 Shea, Councilor Hollingworth, Councilor Wieczorek, and Councilor Pignatelli; those abstaining were Councilor(s): None; and those voting against were Councilor(s): None. The Governor declared that the resolution was passed.

* * * * * *

A RESOLUTION AUTHORIZING PROJECTS,

$10,000,000 FOR HUGGINS HOSPITAL, $30,000,000 FOR LITTLETON HOSPITAL ASSOCIATION AND $20,350,000 FOR THE MONADNOCK COMMUNITY HOSPITAL

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: (i) commercial facilities for Huggins Hospital (“Huggins Hospital”) located in Wolfeboro, New Hampshire (the “Huggins Facilities”); (ii) commercial facilities for Littleton Regional Hospital (“Littleton Regional Hospital”) located in Littleton, New Hampshire (the “Littleton Facilities”), and (iii) commercial facilities for Monadnock Community Hospital (“Monadnock Community Hospital”) in Peterborough, New Hampshire (the “Monadnock Facilities” and collectively with the “Littleton Facilities” and the “Huggins Facilities,” the “Facilities”) by the Authority’s issue of Variable Rate Demand Revenue Bonds, comprised of three series: (i) Variable Rate Demand Revenue Bonds (Huggins Hospital Issue), Series 2007 in an aggregate principal amount not to exceed $10,000,000 (the “Huggins Bonds”); (ii) Variable Rate Demand Revenue Bonds (Littleton Regional Hospital Issue), Series 2007 in an aggregate principal amount not to exceed $30,000,000 (the “Littleton Bonds”); and (iii) Variable Rate Demand Revenue Bonds (Monadnock Community Hospital Issue), Series 2007 in an aggregate principal amount not to exceed $20,350,000 (the “Monadnock Bonds” and together with the Huggins Bonds and the Littleton Bonds, the “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) (i) The Huggins Bonds will be used to pay, or reimburse Huggins Hospital for paying, a portion of the costs of acquiring, constructing, renovating and equipping capital projects with respect to the Hospital’s health care facilities and to pay certain costs associated with the issuance of the Huggins Bonds. For a detailed description of the Huggins Projects, see Exhibit A attached hereto.

(ii) The Littleton Bonds will be used to: (i) advance refund the outstanding New Hampshire Higher Education and Health Facilities Authority Hospital Revenue Bonds, Littleton Hospital Issues, Series 1998A and 1998B; (ii) pay, or reimburse Littleton Regional Hospital for paying, a portion of the costs of acquiring, constructing, renovating and equipping capital projects with respect to Littleton Regional Hospital’s health care facilities; and (iii) pay certain costs associated with the issuance of the Littleton Bonds. For a detailed description of the Littleton Projects, see Exhibit B attached hereto.

(iii) The Monadnock Bonds will be used to: (i) refund the current outstanding New Hampshire Higher Education and Health Facilities Authority Hospital Revenue Bonds, Series 1997 and 2004 Bonds (Monadnock Community Hospital Issues); (ii) repay a loan from the United States Government in connection with the USDA/RUS program; (iii) pay, or reimburse Monadnock Community Hospital for paying, a portion of the costs of acquiring, constructing, renovating and equipping capital projects with respect to Monadnock Community Hospital’s health care facilities; and (iv) pay certain costs associated with the issuance of the Monadnock Bonds. For a detailed description of the Monadnock Projects, see Exhibit C attached hereto.

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

(b) General findings:

(1) Each of the Projects and the proposed financing and refinancing thereof, as applicable, are feasible;

(2) Each Hospital has the skills and financial resources necessary to operate its respective Facilities successfully;

(3) Each Agreement contains provisions so that under no circumstances will the Authority be obligated directly or indirectly to pay applicable Project costs, debt service or expenses of operation, maintenance and upkeep of any Facility except from proceeds of the applicable series of Bonds or from funds received under the Agreement, exclusive of funds received thereunder by the Authority for its own use;

(4) Each Agreement does not purport to create any debt of the State with respect to any Facility, other than a special obligation of the Authority acting on behalf of the State under the Act; and

(5) The proposed financing of each Project by the Authority and the operation and use of each 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 the Governor and Council 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 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 October 31, 2007.

#2 The Governor and Executive Council on motion of Councilor Hollingworth, seconded by Councilor Shea and further on a roll call vote as follows: Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli – yes, Authorized to hold a Public Hearing with respect to the financing of a loan to Coastal Economic Development Corporation for the benefit of Foss Manufacturing Co., LLC in Hampton, NH. Action will Authorized 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.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE

GOVERNOR AND COUNCIL HELD OCTOBER 31, 2007

AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK

* * * * * *

At approximately 11:35 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan to be made by Seacoast Business Alliance Corporation 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 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 Daniel Gray, Managing Director of Coastal Economic Development Corporation and Jim MacGruder and Paul Koroski of Foss Manufacturing, LLC. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Hollingworth introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:7 WITH RESPECT TO A CERTAIN LOAN TO COASTAL ECONOMIC DEVELOPMENT CORPORATION" and moved its adoption, which was seconded by Councilor Shea. Those voting in favor were: the Governor and Councilor Burton, Councilor Shea, Councilor Hollingworth, Councilor Wieczorek, and Councilor Pignatelli; 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

UNDER RSA 162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF

THE STATE OF NEW HAMPSHIRE TO COASTAL ECONOMIC DEVELOPMENT CORPORATION

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 a loan by the Authority to Coastal Economic Development Corporation (the "Borrower") in the original principal amount of up to $1,000,000 to provide financing of equipment for Foss Manufacturing Co., LLC., of Hampton, New Hampshire (the "Loan")

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 Authorized and approve the Loan by the Authority upon the making of specific findings after public hearing;

WHEREAS, the Governor and Council will receive all the documentation and information with respect to the proposed 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 Determination. On the basis of the documentation and information received by the Governor and Council, after a public hearing, the Governor and Council find:

a. Special Findings.

(i) The Loan in consistent with local or regional development plans or policies.

b. General Findings.

(i) The Loan that the Authority has proposed will serve a public use and provide a public benefit.

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

(iii) The Loan that the Authority has 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 Loan that the Authority has proposed will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

2. Approval. Governor and Council approve the Loan by the Authority as recommended by the Authority and Authorized the Authority to cause the execution and delivery of the loan documents substantially in the form submitted to Governor and Council and to take such further action as 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 October 31, 2007.

#3 The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Wieczorek and further on a roll call vote as follows: Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli – yes, Authorized to hold a Public Hearing to approve an award of a State Guarantee under RSA 162-A:13-a with respect to a loan from Sovereign Bank New England and New England Mountain Ventures, Inc. in North Conway, New Hampshire. Action will Authorized a Resolution under RSA 162-I:18 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

EXTRACT FROM THE MINUTES OF THE MEETING OF THE

GOVERNOR AND COUNCIL HELD OCTOBER 31, 2007

AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK

* * * * * *

At approximately 11:40 a.m., the Governor announced that the next matter to be considered would be the award of a State guarantee under the Working Capital Line of Credit Guarantee Program of the Business Finance Authority in connection with a loan to be made by Sovereign Bank to New England Mountain Ventures, 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 repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Burton introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM SOVERIEGN BANK TO NEW ENGLAND MOUNTAIN VENTURES, INC.." and moved its adoption, which was seconded by Councilor Wieczorek. There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: the Governor and Councilor Burton, Councilor Shea, Councilor Hollingworth, Councilor Wieczorek, and Councilor Pignatelli; those abstaining were Councilor(s): None; and those voting against were Councilor(s): None. The Governor declared that the resolution was passed.

* * * * * *

A RESOLUTION UNDER RSA 162-A:18

AWARDING A STATE GUARANTEE UNDER RSA 162-A:13-a

WITH RESPECT TO A LOAN FROM

SOVEREIGN BANK NEW ENGLAND TO

NEW ENGLAND MOUNTAIN VENTURES, INC.

WHEREAS, the Governor and Council (the "Governor and Council") of the State of New Hampshire (the "State") have received from the Business Finance Authority of the State of New Hampshire (the "Authority") its written recommendation that the Governor and Council make certain findings and determinations pursuant to RSA 162-A:18 with respect to the award of a guarantee of the Authority in an amount equal to seventy-five percent (75%) of the principal amount of a loan up to $2,000,000 from Sovereign Bank New England to New England Mountain Ventures, Inc., pursuant to RSA 162-A:13-a (the Working Capital Loan Guarantee Program or the "WAG Program");

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

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

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

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

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

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

(a) Special Findings.

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

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

(b) General Findings.

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

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

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

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

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

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

Passed and Agreed to October 31, 2007.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

#4 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton Authorized the request to enter into an agreement with the City of Franklin, NH, to support the conversion of the Daniel Webster Farm into a facility, whose purpose is to assist its residents recovering from substance abuse addictions in the amount of $320,000. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.

SUPREME COURT

#5 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, and with Councilor Hollingworth abstaining from the vote for Hon. Thomas A. Rappa, Authorized the request to designate three part-time district court justices (Hon. Lucinda V. Sadler, Hon. Thomas A. Rappa, and Hon. John J. Yazinski) and one part-time probate court judge (Hon. James R. Patten) for full-time service. 100% General Funds.

GOVERNORS COMMISSION ON DISABILITY

The Governor and Council acted as follows:

#6 Authorized to accept and place on file the Telecommunications Equipment Assistance Program report for fiscal year 2007.

#7 Authorized to accept a donation of $450 from Northeast Delta Dental for expenses related to the 2^nd Annual Concord/Lakes Region Job Fair. Effective upon G&C approval through June 30, 2008. 100% Other Funds.

OFFICE OF INFORMATION TECHNOLOGY

The Governor and Council acted as follows:

#8 Authorized to reclassify position #10431 Systems Development Specialist V, labor grade 28 ($46,624.50) to Support Specialist VI, labor grade 32 ($55,575) a difference of $8,950.50.

#9 Authorized to reclassify position #40774 Technical Support Specialist V, labor grade 29 ($48,672) to IT Manager III, labor grade 31 ($53,059.50), a difference of $4,387.50. 100% Other Funds.

OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

#10 Authorized to accept and expend federal funds in the amount of $62,256.25 from the US Department of Homeland Security, Federal Emergency Management Agency, to continue implementation of the State’s Flood Map Modernization Program. Effective upon G&C approval through September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#11 Authorized to enter into a contract with Strafford County Community Action Committee Inc., Dover, NH, as a grant recipient under the Head Start Program in the amount of $55,521. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#12 Authorized to enter into a contract with Southwestern Community Services Inc., Keene, NH, as a grant recipient under the Head State Program in the amount of $50,042. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#13 Authorized to enter into a contract with Tri-County Community Action Program Inc., Berlin, NH, as a grant recipient under the Head State Program in the amount of $56,100. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#14 Authorized to enter into a contract with Southern NH Services, Manchester, NH, as a grant recipient under the Head State Program in the amount of $68,673. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#15 Authorized to enter into a contract with Community Action Program Belknap-Merrimack Counties inc., Concord, NH, as a grant recipient under the Head State Program in the amount of $59,816. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#16 Authorized to enter into a contract with Rockingham Community Action Inc., Portsmouth, NH, as a grant recipient under the Head State Program in the amount of $41,185. Effective upon G&C approval through June 30, 2008. 100% General Funds.

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#17 Authorized Lieutenant Colonel Paul Hutchinson, Topsfield, MA, be confirmed for promotion to the rank of Colonel, NH Air National Guard.

#18 Authorized Christopher A. Hegarty, Brookline, NH, be confirmed for appointment to the rank of Lieutenant Colonel, NH Air National Guard.

#19 Authorized to accept and expend funds in the amount of $96,350.64 from the Office of Emergency Management for expenses incurred during the April 2007 floods in NH. 100% Other Funds. Fiscal Committee approved.

#20 Authorized to accept donations of brick and monument engraving, cemetery photos, equipment repair and parts, 1998 Chevrolet Van, computer services and television in the amount of $4,975.51 for the NH State Veterans Cemetery to be used for the betterment of the cemetery.

#20A Authorized Erik A. Fessenden, Bow, NH, be nominated for promotion to the rank of Major, NH Army National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, and professionally qualified.

#20B Authorized to amend a lease agreement with Capital City Realty LLC, Concord, NH, for the lease of 11860 square feet of office and warehouse space for the period of November 1, 2007 to January 31, 2008. 100% Federal Funds.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#21 Authorized to accept and place on file the Report and Findings of Councilor Raymond S. Burton with regard to the proposal for the acquisition, construction, renovation, furnishing and equipping of certain facilities and the refinancing of the existing indebtedness for the Lebanon College, Lebanon, NH.

#22 Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditures for the Month of November 2007. (2)Further Authorized the Working Capital Warrant reporting expenditures of $321,704,283.12 for the Month of September and recommends the balance of $158,295,716.88 be lapsed.

#23 Authorized Bureau of Court Facilities to enter into a hold over amendment with the Town of Colebrook, NH, (previously approved by G&C on 8-31-05, item #35, amended on 6-21-06, item #26, amended on 6-27-07, item #46C), for office and courtroom space in an amount not to exceed $9,486. Effective December 1, 2007 through September 30, 2008. 100% Transfer Funds.

#24 Authorized Bureau of Public Works Design and Construction to amend a contract with Turnstone Corporation, Milford, NH, (previously approved by G&C on 3-8-07, item #25), for additional work to the Fire Alarm Replacement and Sprinkler Additions, located at the State Library, Concord, NH, by increasing the amount by $28,429 from $255,750 to $284,179, and by extending the end date to January 31, 2008. (2)Further Authorized a contingency in the amount of $6,000 for unanticipated expense for the Fire Alarm Replacement and Sprinkler Additions, State Library bringing the total to $290,179. 100% General Funds.

#25 Authorized Bureau of Public Works Design and Construction to enter into a contract amendment with J. Parker and Daughters Construction Inc., Pittsfield, NH, (previously approved by G&C on 10-25-06, item #19A), for additional work to the Gilson Pond Campground located at Monadnock State Park, Jaffrey, NH, by increasing the amount by $42,580 from $1,160,000 to $1,202,580, and by extending the end date to January 1, 2008. 100% Federal Funds.

#26 Authorized Bureau of Public Works Design and Construction to enter into a sole source contract amendment with Dzioba Construction Co., Inc., Derry, NH, (previously approved by G&C on 6-27-07, item #46), for additional work to the new bath house facility and associated site construction at Pawtuckaway State Park, Nottingham, NH, by increasing the amount by $65,445 from $385,179 to $450,624, and by extending the end date to May 16, 2008. (2)Further Authorized a contingency in the amount of $10,000 for unanticipated expense for the Bath House Facility – Pawtuckaway State Park, bringing the total to $460,624. 100% General Funds.

#27 Authorized Bureau of Public Works Design and Construction to enter into a contract with A.W. Therrien Co., Inc., Manchester, NH, for re-roofing certain buildings at the NH Men’s State Prison, Concord, for a total not to exceed $936,860. Effective upon G&C approval through April 30, 2008. (2)Further Authorized a contingency in the amount of $140,529 for unanticipated expense for the NH State Prison Roofs, bringing the total to $1,077,389. 100% General Funds.

#27A Authorized to accept and place on file the report containing a list of vendors that agencies have contracted with for the period of July 1, 2007 through September 30, 2007.

#27B Authorized Bureau of General Services to enter into a contract with Kearsarge Party Rentals LLC of Concord, NH, for snow and ice removal services for two state owned facilities located in Concord, NH. Total amount of the contract is not to exceed $116,700.00. Effective upon G&C approval through October 31, 2010. 100% Transfer Funds.

#27C Authorized Telecommunications to retroactively amend the current contract with G4 Communications Corporation, Manchester, NH. Amendment for Calling Card and Inter-LATA services approved by G&C on September 25, 2002, Item #38. Term of amendment will begin upon G&C approval and end on October 9, 2010. Total estimated costs to state agencies are $125,000.00 per year. Funding shall be provided through individual agency expenditures.

#27D Authorized Bureau of Facilities and Assets Management to enter into a contract with Pelmac Industries, Inc., Auburn, NH, for alarm monitoring, services of intrusion and panic alarm systems located at various Dept of Health & Human Services district offices. Total amount of the contract is not to exceed $12,312.00. Effective November 1, 2007 or date of G&C approval through October 31, 2010. 100% Transfer Funds.

#27E Authorized Bureau of Facilities and Assets Management to enter into a contract with Kearsarge party Rentals, LLC, Concord, NH, for snow and ice removal services located at the Governor Hugh J. Gallen State Office Park South, Pleasant St., Concord, NH. Total amount of the contract is not to exceed $36,990.00. Effective upon G&C approval through October 31, 2009. 100% Transfer Funds.

#27F Authorized Bureau of General Services to enter into a retroactive contract with Cobb Hill Construction, Inc. Concord, NH, for emergency structural repairs to the Upham Walker House located at 18 Park Street in Concord, NH. Total cost of the contract not to exceed $13,532.00. Repairs will begin on October 9, 2007 and be completed on or before November 9, 2007. 100% General Funds.

TREASURY DEPARTMENT

#28 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton Authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $50,630.91 to the rightful owners of abandoned or unclaimed funds.

BOARD OF TAX AND LAND APPEALS

#29 The Governor and Council on motion of Councilor Shea, seconded by Councilor Wieczorek, and with Councilor Pignatelli voting no, Authorized the request of retroactive unencumbered payment in the amount of $546.33 to Riteway Carpet LLC, Concord, NH, for carpet installation. 77% General, 23% Highway Funds.

DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

#30 Authorized Division of Arts to award an Organizational Support Cultural Facility Grant to Manchester Community Music School, Manchester, in the amount of $6,800. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#31 Authorized Division of Arts to award an Art Links grant to Mascoma Valley Regional High School, Enfield, NH, in the maoutn of $10,000. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

#32 Authorized Division of Arts to enter into a lease agreement with Janvier Holdins, Concord, for the provision of 3,730 square feet of office space and 220 square feet of storage space at 2 ½ Beacon Street, Concord, NH, in the amount of $286,836. Effective January 1, 2008 through December 31, 2012. 100% Federal Funds.

#33 Authorized Division of Arts to award Arts in Education, ArtLinks Grants totaling $24,755 to the organizations as detailed in letter dated October 2, 2007. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

#34 Authorized Division of Historical Resources to award Conservation Number Plate Grants totaling $46,850. 100% Other Funds.

#35 Authorized State Library to award a Conservation Number Plate Grant in the amount of $8,866 to the City of Nashua, for the Restoration of Election Records. 100% Other Funds.

#35A Authorized Division of Arts to award a grant in the amount of $22,500 to the New England Foundation for the Arts, Boston, MA, for the subsidized funding of the NH Artists and Presenters. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

The Governor and Council acted as follows:

#36 Authorized to accept a conservation easement on 8.03 acres of agricultural land in the Town of Tilton from Victor E. Virgin, to be added to existing agricultural preservation restriction held by NHDAMF. Effective upon G&C approval.

#37 Authorized to accept and expend grant funds from the USDA Agricultural Marketing Service in the amount of $102,244.91. Effective upon G&C approval through December 31, 2008. 100% Federal Funds. Fiscal Committee approved.

#38 Authorized to enter into a sole source memorandum of understanding with the NH Department of Resources and Economic Development in the amount of $100,020 to develop and conduct a plan specific to marketing NH agriculture in conjunction with tourism marketing for the State. Effective upon G&C approval through December 31, 2008. 100% Other Funds.

#39 Authorized to enter into a Cooperative Project Agreement with the University of NH Office of Sponsored Research to assist in the promotion and advancement of Integrated Pest Management practices in NH in the amount of $19,890. Effective upon G&C approval through December 31, 2008. (2)Further Authorized prepayment of funds within 30 days of G&C approval. 100% Local/Private Funds.

ATTORNEY GENERAL

The Governor and Council acted as follows:

#40 Authorized to conduct a five-day skill-building course entitled “The Childhood Trust Forensic Interviewer Training” for professionals involved in the county multidisciplinary Child Advocacy Center investigation teams, scheduled for November 26-30, 2007, to be held at the Holiday Inn, Concord, NH, at a cost not to exceed $22,299. (2)Further Authorized to enter into an agreement with the Holiday Inn, Concord, NH, in an amount not to exceed $20,099 for necessary conference facilities, food services and audiovisual equipment for the five-day skill-building course as part of the cost above. Effective upon G&C approval through December 7, 2007. 100% Federal Funds.

#41 Authorized to reappoint Karen Schiltzer as an Assistant Attorney General for a five year term effective October 31, 2007 through October 31, 2012.

#42 Authorized to reappoint Karen Huntress as an Assistant Attorney General for a five year term effective November 13, 2007 through November 13, 2012.

#43 Authorized to enter into new sub-grants with the agencies as detailed in letter dated October 18, 2007, in the total amount of $50,000 from the FFY 2005 Edward Byrne Justice Assistance Grant Program, which provides funding for programs to improve the functioning of the criminal justice system. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.

#44 Authorized to retroactively amend the fiscal year 2003 Project Safe Neighborhoods award from the Bureau of Justice Assistance (previously approved by G&C on 7-18-07, item #41), designed to promote gun safety, by extending the end date to September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#45 Authorized to retroactively amend the Federal Fiscal Year 2004-2005 National Criminal History Improvement Program grant from the Federal Bureau of Justice Statistics (previously approved by G&C on 7-18-07, item #39), by extending the end date to June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#46 Authorized to accept and expend a grant in the amount of $84,691 from the Federal Bureau of Justice Statistics, federal fiscal year 2006 National Criminal History Improvement Program, to be utilized to improve the functioning of the criminal justice system. (2)Further Authorized to enter into a subgrant with the Administrative Office of the Courts in the amount of $84,607 to be utilized to enter Domestic Violence Protective Order into State and National databases so as to protect victims of Domestic Violence. Effective upon G&C approval through June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#47 Authorized to accept and expend a grant in the amount of $1,732,614 from the Federal Bureau of Justice Assistance, federal fiscal year 2007, Edward Byrne Justice Assistance Grant Program, to be utilized to improve the functioning of the criminal justice system. Effective upon G&C approval through June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#48 Authorized to retroactively amend the Federal Fiscal Year 2006, Paul Coverdell Forensic Science Improvement Program award, from the National Institute of Justice, utilized in support of forensic services in NH, (previously approved by G&C on 7-18-07, item #54), by extending the end date to September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#49 Authorized to accept and expend a grant in the amount of $55,496 from the Bureau of Justice Statistics, federal fiscal year 2007 Statistical Analysis Center grant, utilized to collect, analyze and report statistics on crime and justice. (2)Further Authorized to enter into a Cooperative Project Agreement with the University of NH, Office of Sponsored Research, to be used to support a NH Cyber Crime Initiative evaluation conducted by Justiceworks in the amount of $37,007. (3)Further Authorized to enter into a subgrant with the NH Center for Public Policy Studies, in the amount of $18,434 to be used to support the development of a NH Prison population management tool to help forecast future prison housing needs. Effective upon G&C approval through September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#50 Authorized to retroactively amend a subgrant award received from the NH Department of Justice, utilized in support of forensic services at the Office of the Chief Medical Examiner, (previously approved by G&C on 7-18-07, item #42), by extending the end date to September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#51 Authorized to retroactively amend the Federal Fiscal Year 2005, Paul Coverdell Forensic Science Improvement Program award, from the National Institute of Justice, utilized in support of forensic services in NH, (previously approved by G&C on 7-18-07, item #52), by extending the end date to September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#52 Authorized to retroactively amend an item for the purpose of renewing a consultant contract to catalogue evidence and other related services at the Office of the Chief Medical Examiner, by extending the end date through September 30, 2008. (2)Further Authorized to retroactively amend a subgrant award received from the NH Department of Justice, (previously approved by G&C on 7-18-07, item #58), utilized in support of forensic services at the Office of the Chief Medical Examiner, by extending the end date through September 30, 2008. 100% Federal Funding. Fiscal Committee approved.

#53 Authorized to amend G&C item #40, approved on 7-18-07, by reallocating funding from the FFY 2005 Edward Byrne Justice Assistance Grant Program, in the amount of $119,933 originally awarded to the NHDOJ, to be utilized to fund the expenses of the NHDOJ Drug Task Force regional Unit. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.

#53A Authorized to retroactively amend a sub-grant to the NH Department of Safety, Division of State Police (previously approved by G&C on 7-18-07, item #72), utilized to support forensic services in NH, by extending the end date to September 30, 2008. (2)Further Authorized to retroactively amend a sub-grant to the NH Chief Medical Examiner (previously approved by G&C on 7-18-07, item #72), utilized to support forensic services in NH, by extending the end date to September 30, 2008. 100% Federal Funds.

#53B Authorized to retroactively amend a sub-grant to the NH Department of Safety and the NH Department of Justice (previously approved by G&C on 7-18-07, item #75), utilized to support forensic services in NH, by extending the end date to September 30, 2008. 100% Federal Funds.

INSURANCE DEPARTMENT

The Governor and Council acted as follows:

#54 Authorized to accept and place on file the One Hundred Fifty Sixth Annual Report for fiscal year 2007.

#55 Authorized to reclassify position #10958 Finance Assistant, labor grade 16 ($28,372.50) to Program Assistant II, labor grade 15 ($27,222). 100% Other Funds.

NH EMPLOYMENT SECURITY

#56 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek Authorized the request of retroactive pay compensation for David Young, Legal Coordinator, for 200 hours worked from March 3, 2006 to June 6, 2006 at $27.93 per hour for a total compensation of $5,586. 100% Federal Funds.

DEPARTMENT OF CORRECTIONS

The Governor and Council acted as follows:

#57 Authorized to retroactively continue a 20% salary enhancement for position #30346, Physician’s Assistant, labor grade 27. Effective July 1, 2007 through June 30, 2009. 100% General Funds.

#58 Authorized to reclassify position #41522 Corrections Unit Manager, labor grade 25, to Administrator II, labor grade 29. Effective upon G&C approval.

#59 Authorized to pay retroactive invoices from the American Council on Education-GED Testing Services, Washington, DC, for GED testing materials in the amount of $3,055. Effective December 9, 2005 through December 1, 2006. 100% General Funds.

#60 Authorized With Councilor Pignatelli voting no, to pay a retroactive invoice with SFY2008 funds for services to repair a vehicle, from Foss Motors Chevrolet, Exeter, NH, in the amount of $4,133.54. Effective upon G&C approval. 100% General Funds.

#61 Authorized to accept retroactive donations of goods and supplies with a total value of $2,350.32 from various contributions from January 1, 2007 – July 31, 2007. Effective upon G&C approval.

#61A Authorized to enter into a contract with Strafford County, Dover, NH, for the purpose of Incarceration of State-Sentenced Female Offenders, at a negotiated rate of $55 per inmate, per day in an amount not to exceed $1,285,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

PUBLIC UTILITIES COMMISSION

The Governor and Council acted as follows:

#62 Authorized to continue membership and participation in the New England Conference of Public Utilities Commissioners in the amount of $24,000. Effective October 1, 2007 through September 30, 2008. 100% Assessment Funds.

#62A Authorized to reclassify position #30520 Clerk IV, salary grade 12 to Business Systems Analyst II, salary grade 30. 100% Assessment Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#63 TABLED – The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Burton voted to table to a date certain, with Councilor Wiezcorek voting no, the request of the Division of Economic Development to enter into an agreement with Berry, Dunn, McNeil & Parker, Portland, ME, for telecommunications Planning and Development in an amount not to exceed $52,500. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#64 Authorized Division of Economic Development to enter into a contract with the Colebrook Development Corporation, Colebrook, NH, for an Ethan Allen Feasibility Study for the northern region of NH in the amount of $50,000. (2)Further Authorized the payment of $50,000 upon G&C approval. Effective upon G&C approval June 30, 2008. 100% General Funds.

#65 Authorized Division of Forests and Lands to sell by quitclaim deed a .55 acre parcel of State owned land with warehouse located in the city of Concord to Langdon Street Real Estate Inc., an affiliate of Concord Coach Lines Inc., for the appraised market value of $332,000.

#66 Authorized Division of Forests and Lands to accept and expend federal funds in the amount of $8,500 from the US Fish & Wildlife Service for “Recovery and Research of Federally Listed and Globally Rare Plant Species in NH” through March 30, 2008. 100% Federal Funds.

#67 Authorized Division of Forests and Lands to accept and expend $343,674 in federal funds from the Land and Water Conservation Fund from FY 06 and FY 07 apportionment. Effective upon G&C approval through June 30, 2008. (2)Further Authorized to accept and expend a donation of $252,729 from the Monadnock Conservancy. (3)Further Authorized to acquire 352 acres of land in the towns of Peterborough, Temple, and Sharon by warranty deed from Temple Highlands LLC, Temple, NH, for an amount not to exceed $1,000,100 including closing costs. 34% Federal, 25% Private/Local, 41% General Funds. Fiscal Committee approved.

#68 Authorized Division of Parks and Recreation to enter into a memorandum of agreement with the University of NH, Marine Program for the use of the “Mines Building” and “Pump House” at the Fort Constitution State Historic Site, New Castel, NH, upon G&C approval for a period of 25 years, with the option to renew for an additional 25 year period subject to G&C approval.

#69 Authorized Division of Parks and Recreation to retroactively amend a contract with Sebastian Septic Service LLC, Milton, NH, for emergency septic pumping at two state parks, by increasing the amount by $2,100 from $6,188 to $8,288. Effective August 31, 2007 through September 5, 2007. 100% Park Funds.

#69A Authorized Division of Parks and Recreation to extend a full-time temporary position #8T085, Retail Store Manager.

NH FISH AND GAME DEPARTMENT

#70 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea Authorized the request to reclassify position #40465, labor grade 9, Secretary II, to a Program Assistant I, labor grade 12. Effective retroactive to October 12, 2007.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#71 Authorized to mend a sole source contract with Nobis Engineering Inc., Concord, NH, (previously approved by G&C on 6-27-07, item #123), to conduct groundwater sampling and monitoring well assessments and improvements by increasing the amount by $150,000 from $725,000 to $825,000. Effective upon G&C approval through June 30, 2011. 100% General Funds.

#72 Authorized to enter into a retroactive grant agreement with the City of Portsmouth, NH, for fund a Household Hazardous Waste Collection project in the amount of $4,210.39. 100% Other Funds.

#73 Authorized to reclassify position #40607 Air Pollution Control Engineer V, labor grade 28, to Administrator II, labor grade 29. (2)Further Authorized to reclassify position #42227, Air Pollution Control Engineer V, labor grade 28 to Administrator II, labor grade 29. Effective upon G&C approval. 100% Other Funds.

#74 Authorized to enter into a contract with Black Dog Divers Inc., for the recovery of any submerged petroleum-powered vehicle or petroleum container that may cause an oil spill in the surface waters of the State in an amount not to exceed $100,000. Effective upon G&C approval through June 30, 2009. 100% Other Funds.

#75 Authorized to budget and expend prior year carry forward funds for the issuance of low interest loans in the amount not to exceed $30,000,000. Effective upon G&C approval through June 30, 2009. Fiscal Committee approved.

#76 Authorized to accept and place on file the annual report of the Oil Fund Disbursement Board.

#77 Authorized to enter into an agreement with the City of Somersworth, NH, to complete the City of Somersworth Pet Waste and Water Quality Education and Outreach Project in the amount of $12,322. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

#78 Authorized to enter into an agreement with the Cocheco River Watershed Coalition, Dover, NH, to complete the Restoration in the Cocheco River Watershed Project in the amount of $50,000. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.

#79 Authorized to amend an agreement with the City of Manchester, NH, (previously approved by G&C on 9-13-06, item #78), for the Nutts Pond Watershed Improvement project by extending the completion date to December 31, 2008 from December 31, 2007.

#80 Authorized to enter into an agreement with Comprehensive Environmental Inc., Merrimack, NH, for the development of a NH stormwater best management practices manual in the amount of $57,100. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

Office of the Commissioner

#81 Authorized to accept and expend additional federal Medicaid funds in the amount of $617,595.98 and private/local funds of $616,979. Effective upon G&C approval through June 30, 2008. Fiscal Committee approved.

#82 Authorized to accept and expend $1,194,735.54 from the Centers for Medicare and Medicaid Services Medicaid Funds effective upon G&C approval through June 30, 2008, and $679,501.82 from CMS Medicaid funds, effective July 1, 2008 through June 30, 2009. Fiscal Committee approved.

#83 Authorized to make a one-time retroactive payment from State Fiscal Year 2008 funds to Kelly Cote, Administrative Secretary, Office of the Commissioner in the amount of $293.30, for wages that were not paid for the period of April 3, 2007 to June 8, 2007. 50% Federal, 50% General Funds.

#84 Authorized to make a one-time retroactive payment from State Fiscal year 2008 funds to Jonathan Alexander, Youth Counselor I, Division of Juvenile Justice Services in the amount of $293.30 for wages that were mistakenly not paid from SFY 2007 funds. 82% General, 18% Other Funds.

#85 Authorized to make a retroactive one-time payment from State Fiscal Year 2008 funds to Heather Barto, Program Specialist III, Division of Public Health Services in the amount of $172.32 for wages that were not paid for the period of May 11, 2005 to July 7, 2005. 70% Federal, 30% General Funds.

#86 Authorized to a retroactive one-time payment from State Fiscal Year 2008 funds to Ms. Meghan Baston, X-Ray EKG Technologist, NH Hospital in the amount of $526.99 for wages that were not paid for the period of May 4, 2007 through June 7, 2007. 67% General, 32% Federal, 1% Other Funds.

Office of Business Operations

#87 Authorized to enter into a new lease agreement with Robert D. Charest Sr. and Pauline T. Charest, d/b/a Spare Time Pizza Pub & Sim’s Bowling Lanes, Colebrook, NH, for office space in Colebrook, NH, in the amount of $66,000. Effective December 1, 2007 through November 30, 2012. 60% General, 40% Federal Funds.

Office of Operations Support

#88 Authorized to enter into an agreement with Northeast Health Care Quality Foundation for Medicaid In-Patient hospital utilization review services in an amount not to exceed $400,000. Effective November 1, 2007 or upon G&C approval, whichever is later, through September 30, 2009. 75% Federal, 25% General Funds.

Bureau of Developmental Services

#89 Authorized to reclassify position #19624 Public Health Nurse Coordinator, salary grade 21 to Medical Service Consultatn II, salary grade 24. 50% Federal, 50% General Funds.

Bureau of Elderly & Adult Services

#90 Authorized to amend a retroactive agreement with National Council on Crime and Delinquency, Madison, WI, (previously approved by G&C on 6-13-07, item #300), to continue the development and implementation of standardization risk assessment instruments for the Adult Protective Services program, by extending the termination date from September 30, 2007 to June 30, 2008 effective October 1, 2007. 100% Federal Funds.

Division of Child Support Services

#91 Authorized to amend a sole source agreement with SymbioSys Solutions Inc., Nashua, NH, (previously approved by G&C on 10-25-06, item #71), for a New England Child Support Enforcement System “Replacement Feasibility Study Analysis”, by increasing the amount from $408,500 to $410,001.13 an increase of $1,510.13, and by modifying the Contract Deliverables to add Virtual Private Network sessions with the Arkansas Child Support Information System. Effective upon G&C approval. 100% Other Funds.

Division for Juvenile Justice Services

#92 Authorized to reclassify position #11634 Grounds Supervisor, salary grade 12 to Plumber Supervisor II, salary grade 17. 84% General, 16% Other Funds.

#93 Authorized to provide travel reimbursement for Tara Cosgrove, Juvenile Probation and Parole Officer in the amount of $252.20 for expenses incurred from March 7, 2007 through March 30, 2007. 60% General, 40% Federal Funds.

#94 Authorized to retroactively amend an agreement with Waste Management of NH, Inc., Londonderry, NH, (previously approved by G&C on 12-21-05, item #84), to provide solid waste disposal services, by increasing the amount by $23,000 from $13,950 to $36,950 and by extending the completion date from June 30, 2007 to June 30, 2009. 81% General, 19% Other Funds.

Bureau of Medical Services

#95 Authorized Disability Determination Section, to amend an agreement with Marie Cote, Registered Nurse, Merrimack, NH, (previously approved by G&C on 6-22-05, item #333, amended on 6-13-07, item #399), to function as a Disability Determination Reviewer and to increase the price by $3,224.20 from $82,104 to $85,328. Effective upon G&C approval through June 30, 2008. 50% Federal, 50% General Funds.

#96 Authorized Disability Determination Section to amend an agreement with Lori J. Rich, Registered Nurse, Northfield, NH, (previously approved by G&C on 3-8-07, item #88), to function as a Disability Determination Reviewer and to increase the price by $9,027.76 from $12,160 to $21,187.76. Effective upon G&C approval through June 30, 2008. 50% Federal, 50% General Funds.

#97 Authorized Disability Determination Section to enter into an agreement totaling $9,100 with Suzanne Shea, Registered Nurse, Franklin, NH, to function as a Disability Determination Reviewer. Effective upon G&C approval through June 30, 2008. 50% Federal, 50% General Funds.

#98 Authorized Disability Determination Section to enter into an agreement totaling $18,200 with Sandra J. Sattler, Registered Nurse, Tilton, NH, to function as a Disability Determination Reviewer. Effective upon G&C approval through June 30, 2008. 50% Federal, 50% General Funds.

Division of Public Health Services

#99 Authorized Childhood Lead Poisoning Prevention Program to reclassify position #42886 Secretary II, salary grade 9 to Health Promotion Advisor, salary grade 23. 100% Federal Funds.

#100 Authorized Bureau of Disease Control and Health Statistics to reclassify position #42884 Licensing and Evaluation Coordinator, salary grade 20 to Program Specialist IV, salary grade 25. 85 ½% Federal, 14 ½% General Funds.

#101 Authorized Sexually Transmitted Disease and Human Immunodeficiency Virus Section to support community-based agencies in delivering brief, curriculum-driven, HIV prevention education programs to members of minority groups in an amount not to exceed $70,000. Effective upon G&C approval through June 30, 2008. (2)Further Authorized STD/HIV Section to pay up to 50% of the total payment in advance of the delivery of each prevention implementation. 100% Federal Funds.

#102 Authorized to enter into a sole source agreement with the University of NH, Office of Sponsored Research, Durham, NH, to support the NH Citizens Health Initiative to improve the safety and effectiveness of health care for NH citizens in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

#103 Authorized Bureau of Community Health Services, Alcohol and Other Drug Treatment Section to enter into an agreement with Friends of Recovery, Kingston, NH, to provide Peer-led support services for parents/guardians whose children are or have been engaged in the abuse or illegal use of alcohol and/or other drugs in an amount not to exceed $12,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

#104 Authorized Bureau of Community Health Services, Rural Health and Primary Care Section to enter into an agreement with Marisa A. Rowlson, Amherst, NH, to receive reimbursement for payment of education loans through the State Loan Repayment Program, in an amount not to exceed $10,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

#105 Authorized Bureau of Community Health Services, Rural Health and Primary Care Section to enter into an agreement with Dr. Brian Irwin, Madison, NH, to receive reimbursement for payment of education loans through the State Loan Repayment Program, in an amount not to exceed $35,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

#106 Authorized Bureau of Community Health Services, Rural Health and Primary Care Section to enter into an agreement with Brittania McDonald, Plymouth, NH, to receive reimbursement for payment of education loans through the State Loan Repayment Program, in an amount not to exceed $10,000. Effective upon G&C approval through June 30, 2009. 100% General Funds.

#107 Authorized Bureau of Community Health Services, Maternal and Child Health Section to amend an agreement with Concord Hospital Inc., Concord, NH, (previously approved by G&C on 6-13-07, item #182), to provide primary care services with integrated behavioral and/or oral health services, by increasing the amount by $50,000 from $438,013 to $488,013. Effective upon G&C approval. 89% General, 11% Federal Funds.

#108 Authorized Bureau of Community Health Services, Maternal and Child Health Section to amend an agreement with Avis Goodwin Community Health Center, Dover, NH, (previously approved by G&C on 6-13-07, item #181), to provide primary care services with integrated behavioral and/or oral health services, by increasing the amount by $50,000 from $503,102 to $553,102. Effective upon G&C approval. 89% General, 11% Federal Funds.

#109 Authorized Bureau of Community Health Services, Maternal and Child Health Section to amend an agreement with Coos County Family Health Services Inc., Berlin, NH, (previously approved by G&C on 6-13-07, item #183), to provide primary care services with integrated behavioral and/or oral health services, by increasing the amount by $50,000 from $153,550 to $203,550. Effective upon G&C approval. 89% General, 11% Federal Funds.

#110 Authorized Bureau of Community Health Services, Maternal and Child Health Section to amend an agreement with Lamprey Healthcare Inc., Newmarket, NH, (previously approved by G&C on 6-13-07, item #177), to provide primary care services with integrated behavioral and/or oral health services, by increasing the amount by $50,000 from $600,300 to $650,300. Effective upon G&C approval. 89% General, 11% Federal Funds.

#111 Authorized Bureau of Community Health Services, Maternal and Child Health Section to amend an agreement with Families First of the Greater Seacoast, Portsmouth, NH, (previously approved by G&C on 6-13-07, item #175), to provide primary care services with integrated behavioral and/or oral health services, by increasing the amount by $50,000 from $223,550 to $273,550. Effective upon G&C approval. 89% General, 11% Federal Funds.

#111A Authorized Bureau of Community Health Services, Alcohol and Other Drug Treatment Section to amend an agreement with Greater Nashua Council on Alcoholism, Inc, Nashua, NH, by increasing the Price Limitation by $1,455,000 from $1,005,732 to $2,460,732 to provide substance abuse treatment services. Effective September 15, 2007 or upon G&C approval. This agreement was originally approved by G&C on June 13, 2007, Item #210. 100% General Funds.

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

#112 The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton Authorized the request to contract for legal and investigative services in the amount of $7,500, with Wadleigh, Starr & Peters, PLLC, Manchester, NH, for fiscal year 2008. Effective upon G&C approval through June 30, 2008. 100% General Funds.

NEW HAMPSHIRE VETERANS HOME

The Governor and Council acted as follows:

#113 Authorized to accept and place on file the Annual Report for the Fiscal Year 2007.

#114 Authorized to retroactively pay Anne Howe, Director of Resident Care Services, increment wages that were not processed from December 28, 2006 to June 7, 2007 in the amount of $581.24, which includes holiday pay. Effective upon G&C approval. 43% Agency, 30% Federal, 27% General Funds.

#115 Authorized to reclassify position #19316 Administrative Secretary, labor grade 14 to Program Assistant II, labor grade 15. 43% Agency, 30% Federal, 27% General Funds.

#116 Authorized to accept monies totaling $24,463.78 received during the period of July 1, 2007 through September 30, 2007, as a result of fundraising drives from various organizations and from personal contributions.

#117 Authorized to reclassify position #19331 Secretary II, labor grade 9, to a Training Coordinator, labor grade 21. 43% Agency, 30% Federal, 27% General Funds.

#118 Authorized to reclassify position #41695, Chef III, labor grade 16 to a Supervisor I, labor grade 19. 100% General Funds.

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#119 Authorized to budget and expend unexpended carry forward funds in the amount of $212,890.36 and additional grant funds in the amount of $10,000 for the Even Start Education Program. Effective upon G&C approval through June 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#120 Authorized to budget and expend unexpended carry forward funds in the amount of $1,044,381.57 for the Drug Free Schools Program. Effective upon G&C approval through June 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#121 Authorized to accept and expend additional grant funds in the amount of $18,792 and unexpended prior year funds in the amount of $457,762.43 from the US Department of Education to improve instruction and achievement in eligible districts. Effective upon G&C approval through June 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#122 Authorized Division of Career Tech and Adult Learning to enter into a contract with Dean Giftos, DDS, sole proprietor, Nashua, NH, to provide dental consultation in an amount not to exceed $40,656. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. Effective upon G&C approval through September 30, 2009. 100% Federal Funds.

#123 Authorized to enter into a contract with Evergreen Education Consulting LLC, sole proprietor, Jericho, VT, to perform independent evaluation on projects supported by the Department of Education, Special Education State Improvement Grant II, for an amount not to exceed $39,986. (2)Further Authorized payment for services rendered and approved in lieu of withholding at least 25% of the total value of the contract. Effective upon G&C approval through August 31, 2008. 100% Federal Funds.

#124 Authorized to make a sole source grant Southeastern Regional Education Service Center Inc., Bedford, NH, in the amount of $500,014.08, to reform and improve pre-service personnel preparation and in-service professional development systems in the areas of literacy instruction, positive behavior interventions and supports, and secondary transition supports for students with emotional/behavior challenges. (2)Further Authorized unencumbered payment of said grant with internal accounting control. (3)Further Authorized to exercise a renewal option on this grant for up to three additional fiscal years in accordance with the grant award, subject to the contractor’s acceptable performance of the terms therein. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#125 Authorized Division of State Police to retroactively pay annual dues of $6,500 to SEARCH Group Inc., the National Consortium for Justice Information and Statistics, Sacramento, CA, for October 1, 2007 through September 30, 2008 membership dues. 100% Revolving Funds.

#126 Authorized Divisions of State Police and Motor Vehicles to enter into a contract with Plow MD Inc., Walpole, NH, for snow removal at the Troop C building in# Keene, in the amount of $13,950. Effective upon G&C approval through June 30, 2009. 90% Highway, 10% Turnpike Funds.

#127 Authorized Division of State Police to enter into a sole source contract with Termo Electron North America LLC, Madison, WI, for a service agreement on the FTIR and Raman Spectrometers in the State Police Forensic Laboratory in the amount of $35,982.69. Effective upon G&C approval through May 23, 2009. 7.5% General, 55.6% Federal, 36.9% Highway Funds.

#128 Authorized Division of Emergency Services and Communications to reclassify position #41162 Data Control Clerk III, labor grade 8 to a Program Assistant I, labor grade 12. 100% Agency Income Funds.

#129 Authorized Division of Motor Vehicles to enter into an agreement with Windalier Miracle Mile LLC, Portland, ME, for 24,000 square feet of office space, Lebanon, NH, in the amount of $190,392. Effective upon G&C approval through November 30, 2012. 100% Highway Funds.

#130 Authorized Division of Fire Standards & Training and Emergency Medical Services to retroactively pay the amount of $3,250 to Transformer Service Inc., Concord, NH, (previously approved by G&C on 8-3-05, item #153), for the deductible called for in a transformer maintenance agreement for the Fire Academy. 100% Revolving Funds.

#131 Authorized Division of Homeland Security and Emergency Management to enter into a sole source sub-grant agreement with Greater Manchester Chapter American Red Cross, Manchester, NH, to pay the cost-share of obtaining two AmeriCorps*VISTA members for the purpose of building volunteer capacity for All Hazards Regions and long-term recovery in the amount of $31,816. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.

#132 Authorized Division of State Police to retroactively amend a federal grant award received from the US Department of Justice, Office of Justice Programs (previously approved by G&C on 7-18-07, item #156), in the amount of $986,643 utilized in support of partnering with local law enforcement to address gang and drug-related problems, by extending the end date from September 30, 2007 to June 30, 2008, and by transferring funds in the amount of $20,000 to align the funding to meet current demands. 100% Federal Funds. Fiscal Committee approved.

#133 Authorized to accept and expend a $385,000 grant known as “FY 2007 IPP-Buffer Zone Protection Plan” from the US Department of Homeland Security Preparedness Directorate, for the purpose of reimbursing the cost of preparedness activities at two designated federally critical sites. Effective upon G&C approval through June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#134 Authorized Division of Motor Vehicles to retroactively create a Program Assistant II, labor grade 15 through September 30, 2008. 46% Federal, 54% Other Agency Funds. (2)Further Authorized Division of Motor Vehicles to accept and expend additional federal grant funds known as “Fatal Accident Reporting System” in the amount of $38,966.43 from the NH Highway Safety Agency. Effective upon G&C approval through September 30, 2008. 100% Transfers from Other Agencies. Fiscal Committee approved.

#135 Authorized Division of Motor Vehicles to transfer grant funds from a federal grant entitled “Border Enforcement 08” from the Federal Motor Carrier Safety Administration. Effective upon G&C approval through September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#136 Authorized Division of State Police to retroactively amend a federal grant award received from the US Department of Justice, Office of Justice Programs (previously approved by G&C on 5-2-07, item #118, amended on 7-18-07, item #163), in the amount of $53,690, utilized in support of improving the State Police Forensic Laboratory’s infrastructure to maintain accreditation of the DNA laboratory and to use the Laboratory Information Management System in a manner which will improve casework management and evidence handling, by extending the end date from September 30, 2007 to September 30, 2008. 100% Federal Funds.

#137 Authorized to retroactively amend a federal award received from the US Department of Justice, Bureau of Justice Assistance, (previously approved by G&C on 2-7-07, item #106, amended on 7-18-07, item #158), utilized in support of implementing a D.A.R.E. Program in targeted schools around the State, by extending the end date from September 30, 2007 to September 30,2008. 100% Federal Funds. Fiscal Committee approved.

#138 Authorized Division of Homeland Security and Emergency Management to revise the budget of Public Assistance Funds from the Federal Emergency Management Agency (previously approved by G&C on 7-19-06, item #159D), for the May 2006 Flood event, by extending the end date from May 31, 2008 to June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#139 Authorized Division of State Police to accept and expend $100,000 to be received as part of a “Cooperative Agreement” with the US Department of Justice, Office of Justice Programs, National Institute of Justice to be used by the Forensic Laboratory to provide overtime funding as well as to purchase supplies and consumables needed for the screening and analysis of DNA samples. Effective upon G&C approval through September 30, 2008. 100% Federal Funds. Fiscal Committee approved.

#140 Authorized Division of State Police to accept and expend funds in the amount of $619,198.59 for the purpose of replacement of certain microwave communication paths from T-Mobile USA Inc., Bellevue, WA. (2)Further Authorized to enter into a cash relocation agreement with T-Mobile USA Inc., Bellevue, WA, in the amount of $619,198.59 as part of the above action. Effective upon G&C approval through June 30, 2009. 100% Private and Local Funds. Fiscal Committee approved.

#141 Authorized Division of Homeland Security and Emergency Management to amend the Public Assistance funds from the Federal Emergency Management Agency (previously approved by G&C on 10-21-05, late item #D, amended on 2-8-06, item #82), by extending the end date from October 31, 2007 to June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#142 Authorized Division of Homeland Security and Emergency Management to accept and expend additional Public Assistance funds (previously approved by G&C on 5-16-07, late item #A), in the amount of $10,000,000 from the Federal Emergency Management Agency for the April 2007 flooding disaster, and by extending the end date to June 30, 2009. 100% Federal Funds. Fiscal Committee approved.

#143 Authorized Division of Homeland Security and Emergency Management to accept and expend Hazard Mitigation Grant Program funds from the Federal Emergency Management Agency in the amount of $505,469. (2)Further Authorized to award funds to the sub-grantees as detailed in letter dated September 12, 2007, for a total amount of $494,741 for implementation of projects identified through the evaluation of natural hazards. Effective upon G&C approval through April 13, 2008. 100% Federal Funds.

#143A Authorized Division of State Police to enter into a sole source contract with NationAir Aviation Insurance, Nashua, NH, in the amount of $28,426.00 for liability and inland marine insurance coverage on the State Police Bell 407 helicopter, and the Cessna 182, as well as the FLIR and Nightsun II equipment. Effective upon G&C approval or November 1, 2007, through October 31, 2008. 100% Federal Funds.

OFFICE OF INFORMATION TECHNOLOGY

#144 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea Authorized the request to enter into a memorandum of agreement and to accept and expend $53,073.30 in State fiscal year 2008 and $83,091.18 in SFY 09 of additional other funds available from the NH Department of Education to support the federal grant requirements of the Statewide Longitudinal Data System Program. (2)Further Authorized to establish one Database Administrator position. Effective upon G&C approval through June 30, 2009. 100% Other Funds. Fiscal Committee approved.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#145 Authorized to accept and expend $4,636,443 in Federal Transit Administration Funds. Effective upon G&C approval. 100% Federal Funds. Fiscal Committee approved.

#146 Authorized Bureau of Rail and Transit to budget and expend prior year carry-forward funds in the amount of $148,619.66 from the Special Railroad Fund for maintenance and repairs to active state-owned railroad lines. (2)Further Authorized to expend an amount not to exceed $148,619.66 for maintenance and repairs to active state-owned railroad lines. Effective upon G&C approval. 100% Other Funds. Fiscal Committee approved.

#147 Authorized Bureau of Right of Way to pay various owners $995,776 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from September 26, 2007 through October 10, 2007. Effective upon G&C approval.

#148 Authorized Bureau of Materials & Research to enter into a sole source agreement with Troxler Electronic Laboratories Inc., Research Triangle Park, NC for the purpose of providing repair, calibration, maintenance, and services required to support the Department’s use of the Troxler 4140 Gyratory Compactor totaling $9,600. Effective upon G&C approval through May 31, 2010. 80% Federal, 20% Highway Funds.

#149 Authorized to enter into an agreement with Federal Aviation Administration, Oklahoma City, OK, on a sole source basis for a fee not to exceed $31,200 for a Runway 10 Instrument Landing System Engineering Analysis at the Mount Washington Regional Airport, Whitefield, NH. (2)Further Authorized a contingency amount of $3,120 for payment of latent conditions which may be required during the evaluation period. Effective upon G&C approval through March 31, 2009. 80% Federal, 20% Highway Funds.

#150 Authorized to accept and place on file the Department’s Monthly Equipment Acquisition Plan status report for the period ending September 30, 2007.

#151 Authorized to exercise a contract renewal option with Hansen-Fox Co., Manchester, NH, (previously approved by G&C on 10-11-06, item #77), for plumbing and HVAC services at the Bureau of Traffic facilities in the amount of $20,000. Effective upon G&C approval through June 30, 2009. 100% Highway Funds.

#152 Authorized Bureau of Highway Maintenance to reclassify position #20503 Clerk IV, labor grade 12 to Administrative Secretary, labor grade 14.

#153 Authorized Bureau of Highway Maintenance to enter into a contract with Casella Waste Management, d/b/a Gobins Disposal Systems, Inc., Newport, NH, for rubbish disposal at five patrol sheds and the Springfield Information Center in the amount of $34,656. Effective upon G&C approval through June 30, 2009. 100% Highway Funds.

#154 Authorized Bureau of Highway Maintenance to enter into a contract with Casella Waste Management d/b/a Northeast Waste Management Inc., White River Junction, VT, for rubbish disposal at three patrol sheds in the amount of $20,220. Effective upon G&C approval through June 30, 2009. 100% Highway Funds.

#155 Authorized Bureau of Construction to enter into a contract with T. Buck Construction Inc., Auburn, ME, for the rehabilitation of the existing railroad bridge over the Connecticut River from West Lebanon, NH, to White River Junction, VT on the basis of a low bid of $706,666. (2)Further Authorized a contingency in the amount of $70,666.60 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through November 14, 2008. 100% Capital Funds.

#156 Authorized Bureau of Construction to enter into a contract with E.D. Swett Inc., Concord, NH, for the replacement of the existing NH Route 28 bridge over the Merrymetting River in Alton and reconstruction of approximately 770 feet of NH Route 28 on the basis of a low bid of $2,056,788.15. (2)Further Authorized a contingency in the amount of $143,975.17 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through August 7, 2009. 80% Federal, 20% Highway Funds.

#157 Authorized Bureau of Construction to enter into a contract with Winterset Inc., Lyndonville, VT, for superstructure rehabilitation of the Newbury Road Crossing bridge over the Connecticut River in the Towns of Haverhill, NH and Newbury, VT, on the basis of a low bid of $3,464,176.42. (2)Further Authorized a contingency in the amount of $242,492.34 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through October 31, 2008. 80% Federal, 20% Highway Funds.

#158 Authorized Bureau of Construction to enter into a contract with Evroks Corporation, Winnisquam, NH, for bridge rehabilitation of the existing bridges carrying I-95 over the Boston and Maine Railroad in Portsmouth, NH on the basis of a low bid of $2,066,676. (2)Further Authorized a contingency in the amount of $206,667.60 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through June 26, 2009. 100% Turnpike Funds.

#158A Authorized Bureau of Environment to enter into a qualifications-based contract with Aries Engineering Inc., Concord, NH, to conduct a multimedia environmental compliance audit of its Division of Operations’ facilities in the amount of $500,000. Effective upon G&C approval through October 31, 2010. 100% Highway Funds.

#159 TUITION REQUESTS

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

A. ADMINISTRATIVE SERVICES - Request permission to pay Franklin Pierce University, Concord, NH, the sum of $656.00 for the sole purpose of enrolling Loretta M. Head, Administrative Supervisor, in the courses entitled “Legal & Social Environments of Business” and “Communication Skills for Managers”

B. HEALTH & HUMAN SERVICES – Bureau of Human Resources - Request permission to pay Antioch University New England, Keene, NH, the sum of $5,200.00 for the sole purpose of enrolling Lori A. Weaver, Administrator II, in the courses entitled “Organization Development Intervention Theory & Practice” and “Organization Development consultation Skills”.

C. HEALTH & HUMAN SERVICES- Children, Youth & Families - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,207.00 for the sole purpose of enrolling Kaye Brazier, Juvenile Probation & Parole Officer, in the course entitled “Group Counseling”.

D. HEALTH & HUMAN SERVICES- Children, Youth & Families - Request permission to pay University of New Hampshire, Manchester, NH, the sum of $2,044.00 for the sole purpose of enrolling Ruth Kaste, Child Protective Services Worker, in the course entitled “Society and Culture: Contemporary Issues in Counseling”.

E. HEALTH & HUMAN SERVICES- Children, Youth & Families - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $399.00 for the sole purpose of enrolling Amy Osterhout, Child Protective Services Worker, in the course entitled “Interpersonal and Group Process”.

F. HEALTH & HUMAN SERVICES- Children, Youth & Families - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,207.00 for the sole purpose of enrolling Laura St. Laurent, Juvenile Probation & Parole Officer, in the course entitled “Group Counseling”.

G. HEALTH & HUMAN SERVICES- Community Based Care - Request permission to pay Franklin Pierce University, Concord, NH, the sum of $1,434.00 for the sole purpose of enrolling Debora E.W. Vallery Financial Agent II, in the course entitled “Financial Management”.

H. HEALTH & HUMAN SERVICES- Family Assistance - Request permission to pay Ashford University, Clinton, Iowa, the sum of $1,761.00 for the sole purpose of enrolling Lisa Boucher, Administrative Supervisor V, in the on-line courses entitled “English Composition” and “Interpersonal Communication”.

I. HEALTH & HUMAN SERVICES- Family Assistance - Request permission to pay Franklin Pierce University, West Lebanon, NH, the sum of $885.00 for the sole purpose of enrolling Robin White, Family Services Specialist in the on-line course entitled “Psychology of Aging”.

J. HEALTH & HUMAN SERVICES – New Hampshire Hospital - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $1,182.00 for the sole purpose of enrolling Julie McMinn, Recreation Therapist II, in the on-line course entitled “Theories of Learning & Cognitive Development”.

K. HEALTH & HUMAN SERVICES – Public Health Services - Request permission to pay University of New Hampshire, Manchester, NH, the sum of $1,518.00 for the sole purpose of enrolling Donna M. Fleming, Tobacco Prevention and Cessation Program Manager, in the course entitled “Public Health Law”.

L. HEALTH & HUMAN SERVICES – Public Health Services - Request permission to pay New England College, School of Graduate and Professional Studies, Henniker, NH, the sum of $2,040.00 for the sole purpose of enrolling Stacey Smith, Public Health Nurse Consultant, in the course entitled “Ethics in Government”.

M. INSURANCE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $738.00 for the sole purpose of enrolling Christine Wenners, Program Assistant, in the on-line course entitled “Public Speaking”.

N. TRANSPORTATION - Request permission to pay Boston University, Boston, MA, the sum of $4,968.00 for the sole purpose of enrolling Ram Maddali, Civil Engineer VI in the course entitled “New Venture Creation in a Global Economy”.

Requested Tuition Total: $25,239.00

POSTSECONDARY EDUCATION COMMISSION

#160 Authorized to award a $40,000 grant to the Community College System of NH, 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. Effective upon G&C approval through June 30, 2008. 100% General Funds.

#161 Authorized to accept and place on file the 2006/2007 Biennial Report.

LATE ITEMS

DEPARTMENT OF ADMINISTRATIVE SERVICES

A. Authorized to enter into a sole source contract with Local Government Center Health Trust LLC, Concord, NH to coordinate and administer statewide influenza clinics for eligible State employees, effective upon governor and council approval through January 21, 2008. Contract not to exceed $75,750.00.

Next Governor and Executive Council meeting is scheduled for Wednesday, November 28, 2007 at 10:00 a.m. at the State House, Concord, New Hampshire.

The Honorable Board then Adjourned