GOVERNOR AND EXECUTIVE COUNCIL MINUTES

State House, Concord, New Hampshire

March 21, 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 Hollingworth, seconded by Councilor Burton, accepted the minutes of March 8, 2007.

The Governor and Executive Council, on motion of Councilor Pignatelli, seconded by Councilor Burton approved the appointment of several persons nominated for Civil Commissions from the March 8, 2007 meeting.

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

RESIGNATIONS

The Governor and Council, with regret, accepted the following

State Liquor Commission

John W. Byrne, North Hampton Effective: April 15, 2007

Judge of the Plaistow District Court

Peter G. Hurd, Plaistow Effective: March 15, 2007

Ports and Harbors Advisory Council

(Commercial Fisherman)

Alan Vangile, Portsmouth Effective: March 21, 2007

Associate Justice of the Superior Court

Arthur D. Brennan, Weare Effective: June 1, 2007

CONFIRMATIONS

The Governor and Council confirmed the following:

Agricultural Advisory Board

(Sullivan County)

Robert N. Beaudry, Charlestown Effective: Upon confirmation

Succeeding: William Bartlett, Newport Term: January 31, 2012

New Hampshire State Council on the Arts

Elizabeth A. Morgan, Amherst Effective: Upon confirmation

Succeeding: Edward J. McLear, Meredith Term: November 23, 2011

Deputy Attorney General

Nominated by the Attorney General

Orville B. Fitch II, Concord Effective: March 31, 2007

Reappointment Term: March 31, 2011

Salary: JJ, Step 4, $94,791

Division for Children, Youth and Families Advisory Board

(Sullivan County)

Nominated by the Commissioner of Health and Human Services

Carmella M. Tsetsi, Charlestown Effective: Upon confirmation

Succeeding: Michael L. Prozzo, Claremont Term: December 16, 2008

Compensation Appeals Board

(Employer/Insurer)

Harry G. Ntapalis, Manchester Effective: Upon confirmation

Reappointment Term: January 1, 2010

Connecticut River Valley Resource Commission

(Agriculture)

Robert Ritchie, Piermont Effective: Upon confirmation

Reappointment Term: February 10, 2010

New Hampshire Commission for Human Rights

Sheryl L. Shirley, Holderness Effective: Upon confirmation

Succeeding: Deborah Reynolds, Plymouth (resigned) Term: November 1, 2010

Juvenile Justice Advisory Board

(Public Member)

Patricia A. Dowling, Derry Effective: Upon confirmation

Succeeding: David J. Landry, Lochmere Term: September 20, 2009

Merrimack River Valley Flood Control Commission

Merton L. Mann, Dunbarton Effective: Upon confirmation

Reappointment Term: March 1, 2010

New Hampshire Municipal Bond Bank

(Municipal Government)

Nominated by the New Hampshire Municipal Association

Robert T. Levan, Loudon Effective: Upon confirmation

Succeeding: Kevin Clougherty, Manchester (resigned) Term: October 9, 2010

New Motor Vehicle Arbitration Board

(Alternate Representing Consumers)

Billie Tooley, Portsmouth Effective: Upon confirmation

Reappointment Term: October 16, 2009

Penalty Appeal Board

(Labor)

David W. Laughton, Auburn Effective: Upon confirmation

Reappointment Term: January 5, 2010

Regional Community-Technical Colleges Board of Trustees

(High School Vocational Director)

Stephen Guyer, Gilford Effective: Upon confirmation

Succeeding: Wayne Cotton, Keene Term: February 17, 2008(RSA 4:4)

Regional Community-Technical Colleges Board of Trustees

(Law Enforcement)

Nicholas J. Halias, Pembroke Effective: Upon confirmation

Reappointment Term: March 3. 2011

Regional Community-Technical Colleges Board of Trustees

(Business and Industry)

Paul J. Holloway, Rye Effective: Upon confirmation

Reappointment Term: February 3, 2011

Regional Community-Technical Colleges Board of Trustees

(Business and Industry)

Daniel B. McLeod, Bow Effective: Upon confirmation

Reappointment Term: February 17, 2011

Regional Community-Technical Colleges Board of Trustees

(Public Member)

Connie M. Roy-Czyzowski, Bedford Effective: Upon confirmation

Succeeding: Stephen Guyer, Gilford Term: February 3, 2011

Regional Community-Technical Colleges Board of Trustees

(Education)

Walter R. Peterson, Peterborough Effective: Upon confirmation

Reappointment Term: February 3, 2008 (RSA 4:4)

Regional Community-Technical Colleges Board of Trustees

(Labor)

Kim M. Trisciani, Manchester Effective: Upon confirmation

Reappointment Term: February 3, 2011

Commissioner of the Department of Safety – Councilor Burton – no, Councilor Shea – yes, Councilor Hollingworth – yes, Councilor Wieczorek – no, Councilor Pignatelli – yes.

John J. Barthelmes, Hopkinton Effective: March 31, 2007

Succeeding: Richard M. Flynn, Dover Term: March 31, 2011

Salary: LL $105,396

Speech-Language Pathology Governing Board

Dianne B. Roosen, Bedford Effective: Upon confirmation

Reappointment Term: March 4, 2010

Waste Management Council

(Business or Financial Community)

Mark Lennon, Warner Effective: Upon confirmation

Succeeding: John Lavalee, Pelham Term: December 23, 2009

NOMINATIONS

The Governor placed into nomination the following:

Board of Medicine

(Public Member)

David Micciche, Amherst Effective: Upon confirmation

Succeeding: Mary Nelson, Nashua Term: December 18, 2011

Oil Fund Disbursement Board

(Petroleum Dealer)

Thomas Klemm, Salem Effective: Upon confirmation

Vacancy Term: January 1, 2010

Ports and Harbors Advisory Council

(Commercial Fisherman)

Erik Anderson, Portsmouth Effective: Upon confirmation

Succeeding: Alan Vangile, Portsmouth (resigned) Term: December 16, 2009

Postsecondary Education Commission

(Public Member)

John A. Curran, Londonderry Effective: Upon confirmation

Succeeding: Christopher J. Sullivan, Concord Term: June 30, 2011

Respiratory Care Practitioners Governing Board

(Physician knowledgeable in the practice of respiratory care)

Jeffrey T. Reisert, DO, Plymouth Effective: Upon confirmation

Reappointment Term: February 18, 2010

Respiratory Care Practitioners Governing Board

Carl J. Rod, Jefferson Effective: Upon confirmation

Reappointment Term: March 4, 2010

Respiratory Care Practitioners Governing Board

(Public Member)

Luann Udell, Keene Effective: Upon confirmation

Reappointment Term: March 24, 2010

Advisory Council on Unemployment Compensation

(Employers)

Carolyn H. Benthien, Goffstown Effective: Upon confirmation

Succeeding: Gary Levy, Portsmouth Term: March 26, 2010

Advisory Council on Unemployment Compensation

(Labor/Employees)

Daniel P. Manning, Manchester Effective: Upon confirmation

Reappointment Term: March 26, 2010

Board of Veterinary Medicine

Nominated by the NH Veterinary Medical Association

Michael Maki, DVM, New Ipswich Effective: Upon confirmation

Succeeding: Derek H. Fritz, DVM, Francestown (reached term limit) Term: March 5, 2012

Water Council

(Public Member, Chairman)

John F. Bridges, Wolfeboro Effective: Upon confirmation

Reappointment Term: December 27, 2010

Water Council

(Public Member, Vice Chair)

Nancy E. Christie, Pittsfield Effective: Upon confirmation

Succeeding: Wayne DiMarzio, Londonderry Term: February 5, 2011

BUSINESS FINANCE AUTHORITY

#1 The Governor and Executive Council on motion of Councilor Pignatelli, 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 with respect to the financing of a loan to Monadnock Economic Development Corporation for the purpose of purchasing Pacer Industries, Inc. and moving the company to Keene, 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 ON MARCH 21, 2007

STATE HOUSE, CONCORD, NEW HAMPSHIRE

* * * * * * *

At approximately 10:40 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 Monadnock Economic Development 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. Michael Donahue, Senior Credit Officer of the Authority, briefly explained the project and introduced Jack Dugan, Executive Director of Monadnock Economic Development Corporation. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Pignatelli 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 MONADNOCK ECONOMIC DEVELOPMENT CORPORATION" 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 LOAN

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

OF THE STATE OF NEW HAMPSHIRE TO MONADNOCK 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 Monadnock Economic Development Corporation (the "Borrower") in the original principal amount of up to $125,000 to provide financing to Pacer Industries, Inc., for the purchase of the business and moving the business to Keene, 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 authorize 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 authorize 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 March 21, 2007.

OFFICE OF INFORMATION TECHNOLOGY

#2 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek authorized the request to enter into a sole source contract with PerkinElmer LAS Inc., Shelton, CT, for computer software maintenance and support services in the amount of $58,430. Effective April 27, 2007 through June 30, 2010. 100% Other Funds.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

#3 Authorized to enter into an agreement with the City of Berlin, NH, to conduct a study to determine if an assisted living facility is the best re-use for the former Notre Dame High School in the amount of $12,000. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

#4 Authorized to enter into an agreement with the County of Grafton, Lebanon, NH, to complete a study to determine the feasibility of locating and constructing a “Green Haven” in Grafton County in the amount of $12,000. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

#5 Authorized to enter into an agreement with the Town of Campton, NH, to complete a feasibility study to address deficiencies in Beebe River District’s infrastructure and determine ownership rights of the district in the amount of $12,000. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#6 Authorized Melinda A. Morin, Milan, 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.

#7 Authorized Adam C. Shattuck, Henniker, NH, be confirmed to the rank of Lieutenant Colonel, NH Air National Guard.

#8 Authorized Todd E. Swass, Strafford, NH, be confirmed to the rank of Lieutenant Colonel, NH Air National Guard.

#9 Authorized to enter into a contract with Capital Appraisal Associates, Concord, NH, for the appraisal of a parcel of land located in Pembroke, NH, in the amount of $3,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#10 Authorized to enter into a lease agreement extension with Capital City Realty LLC, Concord, NH, for lease of 11,860 sq. ft. of office and warehouse space in Pembroke, NH, in the amount of $37,803.75. Effective August 1, 2007 to October 31, 2007. 100% Federal Funds.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#11 Authorized Bureau of Court Facilities to amend a contract with Lance Williams, Tuftonboro, NH, for snow and ice removal services for the Carroll County Courthouse, Ossipee, NH, by increasing the amount by $1,500 from $39,000 to $40,500. Effective upon G&C approval through April 30, 2009. 100% Transfer Funds.

#12 Authorized to accept and place on file the agency transfers for Fiscal Year 2007 during the month of February.

#13 Authorized a Working Capital Warrant in the amount of $430,000,000 to cover expenditures for the Month of April 2007. (2)Further Authorized a Working Capital Warrant reporting expenditures of $290,155,378.54 for the Month of February and recommends the balance of $79,844,621.46 be lapsed.

#14 Authorized Bureau of Public Works Design and Construction to enter into a contract with Gerard A. Laflamme Inc., Londonderry, NH, for generator installation at the Carroll County Courthouse, Ossipee, NH, for a total price not to exceed $196,100. Effective upon G&C approval through October 31, 2007. 100% Transfer Funds.

#15 Authorized Bureau of Public Works Design and Construction to enter into a contract with J.C. Cannistraro LLC. Watertown, MA, for main building sprinkler system flushing at the NH Hospital, Concord, NH, for a total price not to exceed $264,500. Effective upon G&C approval through October 26, 2007. 100% General Funds.

#16 Authorized Bureau of Public Works Design and Construction to enter into a contract with David R. Whitcher Builder Inc., Strafford, NH, for the Fire House Addition, at the NH Fire Training Academy, Concord, NH, for a total price not to exceed $518,989. Effective upon G&C approval through September 28, 2007. (2)Further Authorized a contingency in the amount of $21,711 for unanticipated expense for the NH Fire Training Academy – Fire House Addition, brining the total to $540,700. (3)Further Authorized the amount of $26,000 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction for engineering services provided, brining the total to $566,700. 100% Revolving Funds.

#16A Authorized to accept and place on file the Report and Findings of Councilor Raymond S. Burton with regard to the construction, renovation, furnishing and equipping of certain facilities and the refinancing of certain existing indebtedness in connection with Dartmouth College, Hanover, NH.

TREASURY DEPARTMENT

#17 The Governor and Council on motion of Councilor Shea, 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 $14,402.64 to the rightful owners of abandoned or unclaimed funds.

DEPARTMENT OF CULTURAL RESOURCES

The Governor and Council acted as follows:

#18 Authorized Division of Libraries to enter into an agreement with Edward Griswold d/b/a ASA Cleaning Services, Pembroke, for the cleaning of 7,233 sq. ft. of department offices in the amount of $6,300. Effective April 1, 2007 through March 31. 2008. 100% Federal Funds.

#19 Authorized with Councilor Pignatelli voting no, Division of Historical Resources to pay Fiscal Year 06 unencumbered invoices totaling $2,766.52 to the NH Preservation Alliance, Concord, NH, for the costs sharing of newsletters. 50% General, 50% Federal Funds.

#20 Authorized Division of Libraries, to accept and expend grants totaling $4,500 from the Jack and Dorothy Byrne Foundation, Etna, and the Cogswell Benevolent Trust, Manchester for the Summer Reading Experience. Effective through September 30, 2007. 100% Other Funds.

DEPARTMENT OF AGRICULTURE, MARKETS & FOOD

#21 The Governor and Council on motion of Councilor Burton, seconded by Councilor Pignatelli authorized the request to accept and expend funds in the amount of $35,000 from the University of NH, Durham, NH, to assist NHDAMF in the maintenance and expansion of its computer website to include a section about farm risk management and crop insurance, along with other marketing activities and improvements, coordinating/sponsoring two risk management workshops for NH producers, and New Alerts in the Weekly Market Bulletin. Effective upon G&C approval through December 31, 2008. 100% Other Funds.

ATTORNEY GENERAL

The Governor and Council acted as follows:

#22 Authorized the Drug Task Force Unit to increase the fleet by nine vehicles.

#23 Authorized to designate James T. Boffetti as an attorney at a salary of $73,500. Effective upon G&C approval.

#24 Authorized to accept and expend additional funds in the amount of $28,200 from investigative fees received from judgments and settlements for Medicaid Fraud to be use for the purpose of equipment acquisition and providing additional investigative and litigation support for the Medicaid Fraud Unit. Effective upon G&C approval. 100% Other Funds.

DEPARTMENT OF CORRECTIONS

#25 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to reclassify position #42282 Secretary II, labor grade 9, to Program Assistant I, labor grade 12.

PARI-MUTUEL COMMISSION

#26 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to accept and place on file the report of activities for the year ending December 31, 2006.

PUBLIC UTILITIES COMMISSION

#26A The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton authorized the request to enter Robyn J. Descoteau into a retroactive educational tuition agreement with Daniel Webster College, Nashua, NH, to participate in the course entitled Marketing Management during the period of March 13, 2007 through April 17, 2007 and to pay said costs in the amount of $1,500. 100% Other Funds.

NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS

#27 The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton authorized the request to budget and expend prior year unexpended federal revenues in the amount of $5,105. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#28 Authorized Division of Forests and Lands to amend a contract with The Nature Conservancy (previously approved by G&C on 1-26-06, item #48), for outreach activities to maintain and promote protection of NH’s native plant species and natural plant communities by extending the completion date to September 1, 2007 from March 31, 2007. 100% Other Funds.

#29 Authorized Division of Parks and Recreation to enter into a lease agreement with Cellco Partnership d/a/a Verizon Wireless (previously approved by G&C on 10-23-96, item #44), for mountain-top tower space at Mount Sunapee State Park at a monthly fee of $1,792. Effective retroactive to November 1, 2006 through October 31, 2011 with the option to renew up to three additional five year terms.

#30 Authorized Division of Parks and Recreation to accept a donation towards a purchase of an All Terrain Vehicle from the Teamsters Local 633 of NH valued at $200. 100% Other Funds.

#31 Authorized Division of Parks and Recreation to accept a donation in the amount of $13,400 from the Reach the Beach Relay Inc., Woodville, MA. 100% Other Funds.

#32 Authorized Division of Parks and Recreation to make a retroactive payment to Alvin J. Coleman & Son Inc., Conway, NH, in the amount of $1,500 for steel plate rentals for the summit of Mt. Washington. 100% Other Funds.

#33 Authorized Division of Parks and Recreation to make a retroactive payment to Verizon, Worcester, MA, in the amount of $889.26 for services provided to Greenfield and Miller State Parks during the period of April 2005 to June 2006. 100% Other Funds.

#34 Authorized Division of Economic Development to enter into a contract with the NH Community Technical College-Claremont for a marketing program for the Advanced Machine Tool Certificate Program in the amount of $2,500. (2)Further Authorized the payment of $2,225 upon G&C approval. Effective upon G&C approval through January 16, 2008. 100% General Funds.

#35 Authorized Division of Economic Development to enter into a contract with the Grafton County Economic Development Council, Bristol, NH, for developing and promoting the Precision Manufacturing Program in the amount of $30,000. (2)Further Authorized payment of $27,000 upon G&C approval. Effective upon G&C approval through December 31, 2007. 100% General Funds.

#36 Authorized Division of Economic Development to enter into a contract with the North Country Council, Bethlehem, NH for an Economic Development Action Plan for Coos County in the amount of $25,000. (2)Further Authorized payment of $22,500 upon G&C approval. Effective upon G&C approval through December 31, 2007. 100% General Funds.

#37 Authorized Division of Economic Development to enter into a contract with the HGM Development Inc., Keene, NH for a plan to provide broadband service to rural areas that currently do not have access in the amount of $6,832. (2)Further Authorized payment of $6,148.80 upon G&C approval. Effective upon G&C approval through June 30, 2007. 100% General Funds.

#38 Authorized Division of Economic Development to enter into a contract with the North Country Council, Bethlehem, NH, for an Economic Adjustment Strategy for Coos County in the amount of $50,000. (2)Further Authorized payment of $45,000 upon G&C approval. Effective upon G&C approval through January 31, 2009. 100% General Funds.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#39 Authorized to reclassify position #42177 Environmentalist III, labor grade 23, to Planning Analyst (Data Systems), labor grade 24. 100% Federal Funds.

#40 Authorized to amend a sole source contract with The Medial Foundation Inc., d/b/a TMF Health, Boston, MA, (previously approved by G&C on 1-11-06, item #37), for evaluation of the Manchester and Nashua school bus retrofit project, by extending the completion date from June 30, 2007 to September 17, 2007. 100% Federal Funds.

#41 Authorized to enter into a sole source contract with CMA Engineers Inc., Portsmouth, NH, for the purpose of completing a pre-1981 Landfill Registration at New Castle Town Common in the amount of $7,500. Effective upon G&C approval through December 31, 2007. 100% Federal Funds.

#42 Authorized to enter into a Joint Funding Agreement and an amendment to the agreement with the US Geological Survey, Pembroke, NH, for streamflow gaging in the total amount of $104,470. Effective retroactive to July 1, 2006 through June 30, 2007. 96% Other, 4% General Funds.

#43 Authorized to award a Business United for Water Security Installation grant to the City of Keene, NH, to complete a project to protect drinking water from contamination in the amount of $3,500. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#44 Authorized to award a Local Source Water Protection grant to the Upper Valley Lake Sunapee Regional Planning Commission, Lebanon, NH, to complete a project to protect drinking water from contamination in the amount of $15,000. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

#45 Authorized to enter into an agreement with the Oyster River Cooperative School District, Durham, NH, to support the use of biodiesel fuel in their school bus fleet in an amount not to exceed $10,000. Effective upon G&C approval through June 30, 2007. 100% Other Funds.

#46 Authorized to enter into an agreement with the North Country Council Inc., in order to implement water quality planning and outreach programs in the amount of $2,800. Effective upon G&C approval through December 31, 2008. 100% Federal Funds.

#47 Authorized to amend a grant received from the National Oceanic and Atmospheric Administration (previously approved by G&C on 2-25-05, late item #A), for consultant studies for the Lamprey River Pilot and to support DES staff and administration of the NH Instream Flow Program, by extending the completion date retroactively from September 30, 2006 to September 30, 2007. 100% Federal Funds.

#48 Authorized to amend an agreement with the Town of Newbury, NH, (previously approved by G&C on 6-22-05, item #142), for the Gillingham Drive Stormwater Management project, by extending the completion date to December 31, 2007 from December 31, 2006.

#49 Authorized to amend a contract with ENSR Corporation, Westford, MA (previously approved by G&C on 5-4-05, item #65), for exotic plant replacement research, by extending the completion date retroactively to May 31, 2007 from September 30, 2006. (2)Further Authorized to amend a contract with ENSR Corporation, Westford, MA (previously approved by G&C on 5-4-05, item #65), for sediment research, by extending the completion date retroactively to May 31, 2007 from September 30, 2006. (3)Further Authorized to amend a contract with the US Army Corps of Engineers, Engineer Research and Development Center, Environmental Laboratory, Vicksburg, MS (previously approved by G&C on 6-22-05, item #134), for the sediment research project, by extending the completion date retroactively to May 31, 2007 from September 30, 2006. (4)Further Authorized to amend a contract with Ryan Anthony Thum, Ithaca, NY (previously approved by G&C on 9-21-05, item #94), for a milfoil research project, by extending the completion date retroactively to May 31, 2007 from September 30, 2006. (5)Further Authorized to amend a contract with Jay T. Lennon, Providence, RI, (previously approved by G&C on 9-21-05, item #94), for a milfoil research project, by extending the completion date retroactively to May 31, 2007 from September 30, 2006. 100% Federal Funds.

#50 Authorized to enter into a contract with Environmental Restorations Inc., Hampstead, NH, for removal of hazardous materials in the amount of $97,359. Effective upon G&C approval through February 1, 2008. 100% Other Funds.

#51 Authorized to enter into a contract with The Yard Restaurant Inc., Manchester, NH, to provide necessary conference facilities and food services for a one-day training conference entitled “Solid Waste Operator Conference Spring 2007” at a cost not to exceed $8,985.50. Effective upon G&C approval through April 30, 2007. 100% Other Funds.

#52 Authorized to award Local Source Water Protection grants to the entities as detailed in letter dated January 29, 2007, to complete projects to protect drinking water from contamination, for a total amount of $47,722.50. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

#53 Authorized to enter into a memorandum of agreement with the Northeast States for the Coordinated Air Use Management, Boston, MA, to support the web-based development of a regional registry of greenhouse gas emissions, specifically the modification of the reporting tool of the web-based software to provide standard emission reports at the facility and company level, in the amount of up to $3,300. Effective upon G&C approval through June 30, 2007. 100% Other Funds.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

Office of Business Operations

#54 Authorized to amend an agreement with Northeast Record Retention LLC, Hooksett, NH (previously approved by G&C on 3-6-02, item #63, amended on 10-21-05, item #44), to provide for the storage of paper records as required by state and federal regulations, by increasing the price by an amount not to exceed $70,000 from $210,541.44 to $280,541.44, and by extending the completion date from June 30, 2007 to June 30, 2008. Effective July 1, 2007 or upon G&C approval, whichever is later. 34% Federal, 66% General Funds.

#55 Authorized to amend an existing lease with the Town of Salem, NH, for office space for the Division of Juvenile Justice Services for its Salem Itinerant Office, by increasing the amount of $1,928.52 to $9,642.60 from $7,714.08, and extending the end date to September 30, 2007. 60% General, 40% Federal Funds.

Division of Public Health Services

#56 Authorized Bureau of Disease Control and Health Statistics, Cancer Registry Program to amend an agreement with the Trustees of Dartmouth College, Hanover, NH (previously approved by G&C on 6-21-06, item #176), to provide Cancer Registry Program enhancements through the development of analysis, surveillance and coding tools and assistances to non-registry hospitals with meetings, travel scholarships and equipment, by increasing the amount by $196,069 from $1,144,218 to $1,340,287. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.

POSTSECONDARY EDUCATION COMMISSION

The Governor and Council acted as follows:

#57 Authorized to award a $4,000 grant to Keene State College for the purpose of granting scholarships to full-time and part-time students who are NH students enrolled in approved programs in a workforce shortage area in the State of NH, and who will be selected for scholarships by the college on the basis of financial need. 100% General Funds.

#58 Authorized to award a $1,000 grant to Saint Anselm College for the purpose of granting scholarships to full-time and part-time students who are NH students enrolled in approved programs in a workforce shortage area in the State of NH, and who will be selected for scholarships by the college on the basis of financial need. 100% General Funds.

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#59 Authorized to amend a sole source contract with Christina Felix, Lee, NH, School Improvement Coach, (previously approved by G&C on 10-11-06, item #67), to provide technical assistance to school and districts designated in need of improvement, by increasing the cost to reflect the amount not to exceed $15,000. Effective upon G&C approval through June 30, 2007. 100% Federal Funds.

#60 Authorized to amend a sole source contract with Parent Information Center, Concord, NH, (previously approved by G&C on 8-31-05, item #138), to build the capacity of local programs to ensure smooth and effective transitions for toddlers and preschool children with disabilities and their families, by increasing the amount from $50,000 to $87,655. 100% Federal Funds.

#61 Authorized to enter into a contract with Rose Colby, Sole Proprietor, Epping, NH, to assist with the oversight of the ongoing coordination and implementation of the review of the Highly Objective Uniform State Standard of Evaluation for NH certified teachers not employed under a local district master plan in the amount of $10,000. Effective upon G&C approval through June 30, 2007. (2)Further Authorized payment for services rendered and approved in lieu of the 25% of the total value of the contract withholding provision. 100% Federal Funds.

CHRISTA MCAULIFFE PLANETARIUM

#62 The Governor and Council on motion of Councilor Shea, seconded by Councilor Burton authorized the request of a waiver of the 50-mile rule, regarding overnight stays for business purposes so that Stephen Knipstein, Marketing and Membership Coordinator, may stay overnight at the Annual Governor’s Conference on Tourism on April 3, 2007.

POLICE STANDARDS & TRAINING COUNCIL

The Governor and Council acted as follows:

#63 Authorized to amend a sub-grant from the NH Department of Safety (previously approved by G&C on 5-3-06, item #103), to created and provide homeland defense training to NH law enforcement officers, including training on chemical, biological, radiological and nuclear threats in order to better protect the citizens of NH, by extending the end date through March 31, 2008. 100% Other Funds.

#64 Authorized to accept and place on file the report for the operations of the NH Police Standards and Training Council for the fiscal year July 1, 2005 through June 30, 2006.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#65 Authorized Division of Fire Standards & Training and Emergency Medical Services to enter into a sole source contract amendment with Sheila Glusker, Augusta, ME, for transcribing services, by increasing the amount by $3,000 from $2,400 to $5,400. Effective upon G&C approval through June 30, 2007. 100% Fire and EMS Funds.

#66 Authorized Division of Fire Safety, Bureau of Electrical Safety & Licensing to amend a retroactive contract with W. T. Reliable Janitorial Services, Penacook, NH, increasing the amount by $400 from $154 to $554, and extending the end date from September 30, 2006 through March 1, 2007. 100% License Fees.

#67 Authorized Division of State Police to enter into a retroactive sole source contract with Printrak International, a Motorola Company Inc., Anaheim, CA, for the maintenance and support of the Automated Fingerprint Identification System in the amount of $52,045. Effective February 15, 2007 to February 14, 2008. (2)Further Authorized after hour service as needed up to $15,000 as per hourly rates detailed in letter dated February 22, 2007. 100% Revolving Funds.

#68 Authorized Division of State Police to accept and expend a $25,982.89 grant from the NH Highway Safety Agency entitled NH State Police “Join the NH Clique Seat Belt Campaign” for the purpose of funding a campaign to enforce the state’s child passenger safety law. Effective May 1, 2007 through June 30, 2007. 100% Federal Funds.

#69 Authorized Division of Safety Services to enter into a contract with Kalkomey Enterprises Inc., d/b/a Boat Ed, to maintain and operate a Safe Boater Education and Testing web site for the State of NH, to include the subsequent hosting, enhancement and management of the web site for the not to exceed total of $540,700. Effective upon G&C approval through December 31, 2011. 100% Navigation Safety Funds.

#69A Authorized Division of Motor Vehicles to reclassify position #10508, Cash Terminal Operator I, labor grade 11 to an Administrative Supervisor position, labor grade 17. Effective upon G&C approval. 100% Highway Funds.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#70 Authorized to accept and place on file the Monthly Equipment Acquisition Plan Status report for the period ending February 28, 2007.

#71 Authorized Bureau of Planning and Community Assistance to enter into an agreement with the City of Claremont delineating duties and responsibilities of both the State and the municipality in providing funding and services necessary for completing the project known as “Draper’s Corner” involving Class IV and V (municipality-maintained) Highways through the municipal-managed process. Effective upon G&C approval through June 30, 2013. Funding is a combination of 100% Federal, 80% Federal, 20% Local Match.

#72 Authorized Bureau of Highway Design to amend a contract with McFarland-Johnson, Incorporated, Concord, NH, and Binghamton, NY, (previously approved by G&C on 2-5-03, item #154), for addressing transportation needs along I-93 corridor in the Town of Bow and City of Concord, by extending the completion date from April 2, 2007 to September 3, 2007. Effective upon G&C approval.

#73 Authorized Bureau of Right of Way to pay various owners $1,049,053.52 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from February 17, 2007 through March 5, 2007. Effective upon G&C approval.

#74 Authorized Bureau of Right of Way’s suggested commission members for the Warren-Benton 13209 project with a suggested budget of $722.50.

#75 Authorized Bureau of Right of Way to sell .28 acres of surplus State owned property to Kyung An and Nam Y. An. This transfer is proposed as part of Right of Way negotiations for the Windham-Salem, 10075 project. Effective upon G&C approval.

#76 Authorized Bureau of Right of Way to sell a State owned homestead on a 0.23 acre parcel of land located in Nashua to Joshua Senecal and Hau Wah Chan for $202,000 plus an $1,100 administrative fee. (2)Further Authorized to compensate ERA Masiello Group from the proceeds of the subject sale in the amount of $10,100 for real estate services. Effective upon G&C approval.

#77 Authorized Bureau of Construction to enter into a contract with NES Traffic Safety LP, Avon, MA, on the basis of a low bid of $924,642.45 for replacing aluminum traffic sign structures. Effective upon G&C approval through November 30, 2007. (2)Further Authorized a contingency in the amount of $92,464.25 for payment of latent conditions, which may appear during execution of the project. 100% Turnpike Funds.

#78 Authorized Bureau of Construction to enter into a contract with Continental Paving Inc., Londonderry, NH, on the basis of a low bid of $4,718,916.70 for roadway and bridge rehabilitation on Route 3A in Bow and Hopkinton. Effective upon G&C approval through October 5, 2007. (2)Further Authorized a contingency in the amount of $330,324.16 for payment of latent conditions, which may appear during execution of the project. 90% Federal, 10% Highway Funds.

#79 Authorized Bureau of Construction to enter into a contract with Continental Paving Inc., Londonderry, NH, on the basis of a low bid of $6,418,378.20 for construction of 472 space Park and Ride and Bus Station facility just east of Exit 2 (I-93), in Salem, south of Pelham Road (NH Rte 97). Effective upon G&C approval through October 31, 2008. (2)Further Authorized a contingency in the amount of $320,918.91 for payment of latent conditions, which may appear during execution of the project. 80% Federal, 20% Highway Funds.

#80 Authorized Bureau of Construction to enter into a contract with Sealcoating Inc., Hingham, MA, on the basis of a single bid of $162,160 for resurfacing NH 1A in Hampton. Effective upon G&C approval through May 16, 2007. (2)Further Authorized a contingency in the amount of $24,324 for payment of latent conditions, which may appear during execution of the project. 100% Highway Funds.

#81 Authorized Bureau of Construction to enter into a contract with Pike Industries Inc., Belmont, NH, on the basis of a single bid of $1,943,785 for roadway resurfacing of 37.4 miles in maintenance District II and in Grafton, Merrimack and Sullivan Counties. Effective upon G&C approval through August 31, 2007. (2)Further Authorized a contingency in the amount of $194,378.50 for payment of latent conditions, which may appear during execution of the project. 100% Betterment Funds.

#82 Authorized Bureau of Construction to enter into a contract with Pike Industries Inc., Belmont, NH, on the basis of a single bid of $2,034,350 for roadway resurfacing of 40.52 miles in maintenance District I in Coos, Carroll and Grafton Counties. Effective upon G&C approval through September 14, 2007. (2)Further Authorized a contingency in the amount of $142,404.50 for payment of latent conditions, which may appear during execution of the project. 100% Betterment Funds.

#83 TUITION REQUESTS

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

A. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,044.00 for the sole purpose of enrolling Alyssa LaBelle, Human Resources Assistant, in the course entitled “Operations Management”.

B. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $275.00 for the sole purpose of enrolling Lisa A. Scott, Assistant Professor, in the course entitled “Consumer Health”.

C. COMMUNITY TECHNICAL COLLEGE - Request permission to pay Plymouth State University, Plymouth, NH, the sum of $575.00 for the sole purpose of enrolling Lisa A. Scott, Assistant Professor, in the course entitled “Mental Health and Sexuality”.

D. EDUCATION - Request permission to pay Granite State College, Concord, NH, the sum of $897.00 for the sole purpose of enrolling Jane Levesque, Program Assistant, in the online course entitled “Introduction to Psychology”.

E. EDUCATION - Request permission to pay Granite State College, Concord, NH, the sum of $1,664.00 for the sole purpose of enrolling Sheila M. Miller, Human Resources Technician, in the courses entitled “Principles of Economics” and “Organizational Behavior”.

F. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $774.00 for the sole purpose of enrolling Monica A. Brady-DeRico, Family Service Specialist I, in the course entitled “Statistics”.

G. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Springfield College of Human Services, Manchester, NH, the sum of $888.00 for the sole purpose of enrolling Diane Fontneau, Program Specialist II, in the course entitled “Leadership: A Lifelong Journey”.

H. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Springfield College of Human Services, Manchester, NH, the sum of $1,332.00 for the sole purpose of enrolling Diane Fontneau, Program Specialist II, in the course entitled “Project Phase I”.

I. HEALTH & HUMAN SERVICES, Division of Family Assistance - Request permission to pay Springfield College of Human Services, Manchester, NH, the sum of $888.00 for the sole purpose of enrolling Diane Fontneau, Program Specialist II, in the course entitled “Building Multicultural Organizations and Communities”.

J. HEALTH & HUMAN SERVICES, Division of Public Health Services - Request permission to pay the University of New Hampshire, Manchester, NH, the sum of $1,422.00 for the sole purpose of enrolling Bonnie R. Wrisley, Program Specialist IV, in the course entitled “Human Behavior in the Social Environment III: Adaptive and Maladaptive Functioning”.

K. NH LOTTERY - Request permission to pay Southern New Hampshire University, Manchester, NH, the sum of $1,392.00 for the sole purpose of enrolling Kassie Strong, Chief Accountant, in the course entitled “Financial Reporting III”.

L. OFFICE OF INFORMATION TECHNOLOGY - Request permission to pay the New Hampshire Technical Institute, Concord, NH, the sum of $704.00 for the sole purpose of enrolling Kelly Genest, Administrative Secretary, in the course entitled “Intermediate Algebra”.

M. TRANSPORTATION - Request permission to pay Granite State College, Concord, NH, the sum of $416.00 for the sole purpose of enrolling Ronald Crickard, District Environmental Coordinator, in the online course entitled “Introduction to Psychology”.

N. TRANSPORTATION - Request permission to pay Keene State College, Keene, NH, the sum of $405.00 for the sole purpose of enrolling Mary Fox, Health and Safety Specialist, in the distance education course entitled “Legal Aspects of Safety”.

O. TRANSPORTATION - Request permission to pay the Granite State College, Rochester, NH, the sum of $832.00 for the sole purpose of enrolling Bryan Hayes, Highway Maintainer II, in the courses entitled “Art and Craft of Film” and “Small Group Communications”.

P. TRANSPORTATION - Request permission to pay the Southern New Hampshire University, Manchester, NH, the sum of $729.00 for the sole purpose of enrolling William Oldenburg, Chief of Preliminary Design, in the distance education course entitled “Strategic Management”.

Requested Tuition Total : $14,237.00

#84 TRAVEL REQUESTS

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

A. COMMUNITY TECHNICAL COLLEGE - Request permission for (2) employees, Lynn Darnell, Professor of Computer/Electronic Engineering Technology and Robert Arredondo, Professor of Computer/Electronic Engineering Technology or designee, to travel to Rochester, NY on April 18 – 23, 2007, to attend Project Lead the Way. Permission is also requested for a waiver to exceed the 300-mile radius by private vehicle. Total Cost: $1,483.30. Source of Funds: 100% General Funds. No Registration Fees.

LATE ITEMS

DEPARTMENT OF SAFETY

A. Authorization for the Department of Safety, Division of Motor Vehicles, to enter into a five-year lease with the New England Expedition – Manchester Retail, Canaan CT, for a total cost of $527,905.81 for office space at the Manchester Commons on South Willow Street. The lease will be effective from April 1, 2007 through March 31, 2012. 100% Highway Funds

NEW HAMPSHIRE RETIREMENT SYSTEM

B. Authorization to transfer $130,000.00 from Appropriation Code 010-059-1059-091, Automated Info. System to Appropriation Code 010-059-1051-022, Rents & Leases, for rent and lease cost and associated building costs for fiscal year 2007. Fiscal Committee approved.

DEPARTMENT OF CORRECTIONS

C. Authorization to amend a grant approved by Fiscal Committee on September 10, 2006 and Governor and Council on September 27, 2006, by transferring and reallocating $227,164.59 under the Community-Based Sex Offender Management Program from the US Department of Justice. 100% Federal Funds. Fiscal Committee approved.

ITEMS REMOVED FROM TABLE

The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Wieczorek voted to remove item #49 - which was tabled at the March 8, 2007 Meeting

BANKING DEPARTMENT

#49 The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Pignatelli, voted to approve the request of a retroactive payment to Banks Chevrolet in the amount of $3,119.62 for repairs to agency owned passenger vehicle B2, 2001 Chevy Malibu which needed a new transmission and brakes on February 7, 2007. 100% Other Funds.

Next Governor and Executive Council meeting is scheduled for Wednesday, April 4, 2007 at 10:00 a.m. at The State House, Concord, NH.

The Honorable Board then Adjourned