GOVERNOR AND EXECUTIVE COUNCIL MINUTES

Seacoast Charter School, Kingston, New Hampshire

September 14, 2011, 10:00 a.m.

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

Councilor Sununu offered the prayer. The Pledge of Allegiance was led by the Students from the Seacoast Charter School.

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor St. Hilaire, accepted the minutes of August 24, 2011.

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor SUnunu, approved the appointment of several persons nominated for Civil Commissions from the August 24, 2011 meeting.

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

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

Rockingham County District No. 14.

Kevin M. Janvrin, r, Seabrook (60 Mill Lane) 03874

RESIGNATIONS

The Governor and Council accepted the following resignation:

Board of Foresters

(Public Forester)

Charles Hersey, Manchester Effective: September 14, 2011

Public Water Access Advisory Board

(Public Member)

Mary Ellen Pfeifle, Bradford Effective: September 14, 2011

Director of the Division of Economic Development for the Department of Resources and Economic Development

Roy C. Duddy, Northwood Effective: September 14, 2011

Traffic Safety Commission

Lyman A. Cousens, Boscawen Effective: September 14, 2011

Water Council

(Public Member)

Nancy E. Christie, Pittsfield Effective: September 14, 2011

CONFIRMATIONS

The Governor and Council confirmed the following:

Assessing Standards Board

Nominated by the Association of Assessing Officials

Robert J. Gagne, Manchester Effective: September 19, 2011

Reappointment Term: September 19, 2013

Assessing Standards Board

Leonard Gerzon, Amherst Effective: September 19, 2011

Reappointment Term: September 19, 2013

Assessing Standards Board

Nominated by the Association of Assessing Officials

Todd Haywood, Bow Effective: September 19, 2011

Reappointment Term: September 19, 2013

Assessing Standards Board

Nominated by the Association of Assessing Officials

Joseph W. Lessard Jr., Salem Effective: September 19, 2011

Reappointment Term: September 19, 2013

Assessing Standards Board

Nominated by the Association of Assessing Officials

Martha Noel, Boscawen Effective: September 19, 2011

Succeeding: Scott W. Bartlett, Manchester Term: September 19, 2013

Boxing and Wrestling Commission

Rudolph E. Urban, Berlin Effective: September 14, 2011

Reappointment Term: July 15, 2013

Joint Promotional Program Screening Committee

(Camping) - Nom. by the NH Travel Council

Robert A. Bradley Jr., Epsom Effective: September 14, 2011

Reappointment Term: July 13, 2014

Joint Promotional Program Screening Committee

(Lodging) - Nom. by the NH Travel Council

Cynthia Foster, Bartlett Effective: September 14, 2011

Reappointment Term: July 13, 2014

Advisory Committee on Marine Fisheries

Peter A. Whelan, Portsmouth Effective: September 14, 2011

Reappointment Term: September 29, 2013

Midwifery Council

(Pediatrician)

Daniel J. Brown, Portsmouth Effective: September 14, 2011

Reappointment Term: August 9, 2015

Milk Sanitation Board

(Milk Producer)

Bethany Hodge, Hinsdale Effective: September 14, 2011

Succeeding: Sharlene Beaudry, Walpole Term: October 11, 2015

Northeast Interstate Dairy Compact Commission

(Dairy Processor)

Bethany Hodge, Hinsdale Effective: September 14, 2011

Reappointment Term: June 19, 2014

Division of Higher Education for the Department of Education

Nom. by the College and University Council

James F. Birge, Rindge Effective: September 14, 2011

Succeeding: William Farrell, Nashua (retired) Term: June 30, 2016

Racing and Charitable Gaming Commission

(Greyhound Racing Interests)

Lynn M. Presby, Freedom Effective: September 17, 2011

Reappointment Term: September 17, 2014

ITEM REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St. Hilaire, voted to remove the confirmation – which was tabled at the August 24, 2011 Meeting

CONFIRMATION

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St, Hilaire, with Councilors Sununu and Wheeler voting no, voted to confirm the following:

Commissioner of the Department of Transportation

Christopher D. Clement, Sr., Durham Effective: Upon Confirmation

Succeeding: George N. Campbell, Jr., Portsmouth (resigned) Term: December 3, 2011

Salary: LL - $116,170

NOMINATIONS

The Governor placed into nomination the following:

Agricultural Advisory Board

(Consumer Interests)

Claudia Boozer-Blasco, Litchfield Effective: Upon confirmation

Succeeding: Helen Brody, Grantham (term limited) Term: May 22, 2016

Agricultural Advisory Board

(Food Distribution Industry)

Jenny Chartier, Weare Effective: Upon confirmation

Succeeding: Mary Ann Kristiansen, Roxbury (term limited) Term: June 19, 2015

Air Resources Council

(Fuel Oils Industry)

David G. Collins, Bedford Effective: Upon confirmation

Reappointment Term: September 6, 2015

Alcohol and Drug Abuse Prevention, Intervention and Treatment Committee

(Drug Abuse Treatment)

Stephanie A. Savard, Derry Effective: Upon confirmation

Reappointment Term: September 20, 2014

Board of Licensing for Alcohol and Other Drug Use Professionals

(MLADC)

Barry S. Timmerman, Newmarket Effective: Upon confirmation

Succeeding: Joseph P. Harding, Chester (resigned) Term: January 28, 2013

Board of Architects

Richard M. Monahon Jr., Peterborough Effective: Upon confirmation

Reappointment Term: September 9, 2016

Board of Auctioneers

(Public Member)

Roy W. Tilsley, Jr., Lyndeborough Effective: Upon confirmation

Vacancy Term: March 1, 2016

Division for Children, Youth and Families Advisory Board

(Belknap County)

Nominated by the Commissioner of Health and Human Services

Sandra T. McGonagle, Gilford Effective: Upon confirmation

Reappointment Term: July 1, 2014

Community College System of New Hampshire

(Business and Industry)

Geraldine E. Ilukowicz, Grantham Effective: Upon confirmation

Vacancy Term: June 30, 2013

Compensation Appeals Board

(Attorney)

Nominated by the Commissioner of the Department of Labor

Pierre D. Caron, Bedford Effective: Upon confirmation

Reappointment Term: September 16, 2014

Compensation Appeals Board

(Attorney)

Nominated by the Commissioner of the Department of Labor

Joseph A. Dickinson, Concord Effective: Upon confirmation

Reappointment Term: March 17, 2014

Current Use Advisory Board

(Public Member/Agriculture)

Wayne A. Mann, Canterbury Effective: Upon confirmation

Succeeding: Rebecca Nelson, Newport Term: November 16, 2012

Current Use Advisory Board

(Public Member/Forest Land Owner)

David W. Tellman, Whitefield Effective: Upon confirmation

Reappointment Term: September 9, 2013

Board of Dental Examiners, Dental Hygienists’ Committee

(Dental Hygienist)

Nominated by the NH Dental Hygienists’ Association

Joan K. Fitzgerald, Manchester Effective: Upon confirmation

Vacancy (New Committee established by 2011 HB 565, Chapter 172) Term: 3 years from confirmation

Board of Dental Examiners, Dental Hygienists’ Committee

(Dental Hygienist)

Nominated by the NH Dental Hygiene Education Association

Lisa J. Malfait, Concord Effective: Upon confirmation

Vacancy (New Committee established by 2011 HB 565, Chapter 172) Term: 3 years from confirmation

State Board of Fire Control

(Manufacturing Industry)

John D. Ela, Concord Effective: Upon confirmation

Reappointment Term: July 8, 2016

Midwifery Council

(Midwife)

Adrian E. Feldhusen, New Ipswich Effective: September 28, 2011

Reappointment Term: September 28, 2015

Midwifery Council

(Obstetrician)

Sylvia Horsley, Nashua Effective: September 28, 2011

Reappointment Term: September 28, 2015

New Hampshire Municipal Bond Bank

Thomas Silvia, Amherst Effective: Upon confirmation

Succeeding: Steve S. Panagoulis, Plymouth (resigned) Term: July 1, 2015

New England Interstate Water Pollution Control Commission

Nominated by the Commissioner of Environmental Services

Nelson L. Thibault, Nottingham Effective: September 30, 2011

Reappointment Term: September 30, 2015

New England Interstate Water Pollution Control Commission

Nominated by the Commissioner of Environmental Services

Robert W. Varney, Bow Effective: September 30, 2011

Succeeding: Will Abbott, Holderness Term: September 30, 2015

Pre-Engineering Technology Advisory Council

(Public Member)

Thelma J. Brown, Manchester Effective: Upon confirmation

Reappointment Term: September 4, 2014

Pre-Engineering Technology Advisory Council

(Public Member)

Daniel W. Caron, Melvin Village Effective: Upon confirmation

Reappointment Term: September 4, 2014

Pre-Engineering Technology Advisory Council

(Public Member)

Walter Zanchuk, Concord Effective: Upon confirmation

Reappointment Term: September 4, 2014

Public Walter Access Advisory Board

(Hunting)

Mary Ellen Pfeifle, Bradford Effective: Upon confirmation

Succeeding: Joseph A. Norton, Henniker Term: October 27, 2013

Public Walter Access Advisory Board

(Public Member – Chairperson)

Thomas Quarles Jr., Brookline Effective: Upon confirmation

Reappointment Term: October 27, 2013

Public Walter Access Advisory Board

(Non-Power Boating)

R. Andrew Robertson, Deerfield Effective: Upon confirmation

Reappointment Term: October 27, 2013

Public Walter Access Advisory Board

(Public Member)

Jayne E. Spaulding, Bedford Effective: Upon confirmation

Succeeding: Mary Ellen Pfeifle, Bradford (resigned) Term: October 27, 2012

New Hampshire Real Estate Commission

(Broker)

William E. Barry, Merrimack Effective: Upon confirmation

Succeeding: Nancy G. LeRoy, Laconia (term limited) Term: September 15, 2016

New Hampshire Real Estate Commission

(Public Member)

Paul Lipnick, Nashua Effective: Upon confirmation

Succeeding: Pauline Ikawa, Manchester (term limited) Term: September 15, 2015

Deputy Director of the Division of MotorVehicles within the Department of Safety

Nominated by the Commissioner of the Department of Safety

William R. Joseph, Bristol Effective: Upon confirmation

Vacancy Term: August 9, 2012

Salary: Grade FF; step 1 $63,231

Transportation Appeals Board

(Alternate/Prof. Engineers)

Todd D. Connors, Manchester Effective: Upon confirmation

Reappointment Term: June 23, 2014

New Hampshire Water Well Board

(Pump Installer)

Stephen R. Smith, Dunbarton Effective: Upon confirmation

Reappointment Term: September 15, 2014

#1 CONSENT CALENDAR - DONATIONS:

DEPARTMENT OF SAFETY

A. Authorized to accept the donation of a computer projector and screen for use in the training room at Troop E, at an approximate value of $1,000. Effective upon G&C approval.

NEW HAMPSHIRE EMPLOYMENT SECURITY

B. Authorized to accept a donation from US Census Bureau in the form of payment for travel-related expenses for an NHES employee to attend a Local Employment Dynamics Partnership Steering Committee meeting in Arlington, VA, at an estimated value of $1,975.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

C. Authorized the Bureau of Trails to accept a donation of a permanent recreational easement from Dalton Ridge Runners Snowmobile Club, in Dalton, NH. (No State Funds).

#2 TRAVEL REQUEST:

A. SAFETY-Division of State Police – Request permission for four (4) employees, Sergeant Steven Wheeler, Trooper First Class Michael Pelletier, Trooper First Class Abbott Presby and Trooper Christopher Storm, or their designees, to travel to State College, PA for four (4) days from September 26, 2011 through September 29, 2011 to attend the 11^th Annual Pennsylvania State Police Reconstruction Seminar. Permission is also requested for a waiver to exceed the 300-mile radius by State vehicle. Total Cost: $1,993.00; 81% Highway Funds, 19% Turnpike Funds. No Registration Fees.

BUSINESS FINANCE AUTHORITY

#3 The Governor and Executive Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu and further on a roll call vote as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – yes, Councilor Wieczorek – yes, and Councilor Wheeler – no, 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 Merrimack County Savings Bank to BittWare, Inc. located in Concord, New Hampshire. 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 SEPTEMBER 14, 2011

SEACOAST CHARTER SCHOOL, KINGSTON, NEW HAMPSHIRE

* * * * * * *

At approximately 11:00 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 Merrimack County Savings Bank to BittWare, 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, Senior Credit Officer of the Authority who briefly explained the project. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor St. Hilaire 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 MERRIMACK COUNTY SAVINGS BANK TO BITTWARE, INC." and moved its adoption, which was seconded by Councilor Sununu. There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and Councilor Burton, Councilor St. Hilaire, Councilor Sununu, and Councilor Wieczorek; those abstaining were Councilor (s): None; and those voting against were Councilor(s): Councilor Wheeler. 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

MERRIMACK COUNTY SAVINGS BANK TO

BITTWARE, 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 percent (70%) of the principal amount of a loan up to $1,000,000 from Merrimack County Savings Bank. to BittWare, 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 percent (70%) of the proposed financing;

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

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

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

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

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

(a) Special Findings.

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

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

(b) General Findings.

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

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

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

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

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

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

Passed and Agreed to September 14, 2011.

#4 The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Sununu and further on a roll call vote as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – yes, Councilor Wieczorek – yes, and Councilor Wheeler – no, 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 Centrix Bank & Trust to Single Digits, Inc. located in Manchester, New Hampshire. 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 SEPTEMBER 14, 2011

SEACOAST CHARTER SCHOOL, KINGSTON, NEW HAMPSHIRE

* * * * * * *

At approximately 11:10 a.m., the Governor announced that the next matter to be considered would be the award of a State guarantee under the Guaranteed Asset Program of the Business Finance Authority in connection with a loan to be made by Centrix Bank & Trust to Single Digits, Inc., and declared that the public hearing on the subject had commenced. He said that he and the members of the Council had received written material from the Authority with respect to the proposed loans and State guarantee. The Governor then said that the meeting would hear anyone wishing to speak on the subject and introduced Michael B. Donahue, Senior Credit Officer of the Authority who briefly explained the project. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Burton introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM CENTRIX BANK & TRUST TO ATLAS SINGLE DIGITS, INC." and moved its adoption, which was seconded by Councilor Sununu. There being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and Councilor Burton, Councilor St. Hilaire, Councilor Sununu, and Councilor Wieczorek; those abstaining were Councilor (s): None; and those voting against were Councilor(s): Councilor Wheeler. 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

CENTRIX BANK & TRUST TO

SINGLE DIGITS, 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 $1,000,000 from Centrix Bank & Trust to Single Digits, 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, 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.

(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.

(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.

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

Passed and Agreed to September 14, 2011.

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

#5 Authorized to award a grant to the Town of Swanzey, NH, in the amount of $12,000, for the purpose of conducting an engineering study to examine the condition of the water, wastewater and drainage infrastructure of View Point Cooperative. Effective upon G&C approval through December 31, 2012. 100% Federal Funds.

#6 Authorized to enter into an agreement with the City of Keene, in the amount of $280,000 for the purpose of subgranting $260,000 to a nonprofit business, Hannah Grimes Center for a Microenterprise Development and Assistance Grant. Effective upon G&C approval through December 31, 2012. 100% Federal Funds.

#7 Authorized to award a grant to the City of Keene, in the amount of $500,000 for furnishings, fixtures and equipment for the Monadnock Community Market Cooperative. Effective upon G&C approval through December 31, 2012. 100% Federal Funds.

#8 Authorized to enter into an agreement with the City of Berlin, NH, for the purpose of purchasing and rehabilitating homes and residential properties that have been abandoned for foreclosed upon, in order to sell, rent, or redevelop such homes and properties, demolishing blighted structures; and redeveloping demolished or vacant properties, in the amount of $1,000,000. Effective upon G&C approval through March 3, 2014. 100% Federal Funds.

#9 Authorized to enter into an agreement with the City of Manchester, for purchasing and rehabilitating homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; demolishing blighted structures; and redeveloping demolished or vacant properties, in the amount of $3,700,000. Effective upon G&C approval through March 3, 2014. 100% Federal Funds

#10 Authorized to award a grant to the Town of Seabrook, NH, in the amount of $12,000 for the purpose of conducting an engineering study to determine the feasibility of expanding the Yankee Fisherman’s Cooperative. Effective upon G&C approval through December 31, 2012. 100% Federal Funds.

OFFICE OF THE ADJUTANT GENERAL

The Governor and Council acted as follows:

#11 Authorized to nominate Lieutenant Colonel Laurie M. Farris, Andover, MA, for promotion to the rank of Colonel, NH Air National Guard. This officer meets all prerequisites for this grade, having been found to be physically, mentally, morally, and professionally qualified.

#12 Authorized to enter into a contract with the Independent Archaeological Consulting LLC, Portsmouth, NH, for archaeological services, in the amount of $100,000. Effective upon G&C approval through December 31, 2013. 100% Federal Funds.

#13 Authorized to enter into a contract with the Preservation Company of Kensington, NH, for National Historic Preservation Act historic building surveys, in the amount of $12,000. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.

#14 Authorized to exercise a contract renewal option with Comprehensive Environmental Inc., Merrimack, NH, (originally approved by G&C on 9-22-10, item #35), for Environmental Services, in the amount of $120,000. Effective upon G&C approval through September 30, 2013. 100% Federal Funds.

#15 Authorized to exercise a contract renewal option with AMEC Earth and Environmental Inc., Plymouth Meeting, PA, (originally approved by G&C on 9-22-10, item #36), for the purpose of Environmental Services, in the amount of $150,000. Effective October 1, 2011 through September 30, 2013. 100% Federal Funds.

DEPARTMENT OF ADMINISTRATIVE SERVICES

The Governor and Council acted as follows:

#16 Authorized a Working Capital Warrant in the amount of $525,000,000 to cover the payment of expenditures for the month of October.

#17 Authorized with Councilor Wheeler voting no, a waiver as per HB2, Chapter 315, Laws of 2011, to reclassify positions, as detailed in letter dated September 1, 2011.

#18 Authorized to retroactively amend an agreement with Anthem Health Plans of NH Inc., d/b/a Anthem Blue Cross and Blue Shield, Manchester, NH, (originally approved by G&C on 10-17-07, item #24A), for modification of certain administrative fees and financial guarantee terms of the current agreement providing for the administration of medical benefits for the State as detailed in letter dated August 25, 2011. No Additional Funding.

#19 Authorized Centralized Mailing Distribution to enter into a contract with NH Mailing Services Inc., Concord, NH, to provide presort flat mailing services for the State of NH, in an amount not to exceed $117,612. Effective October 1, 2011 through September 30, 2014. 100% Agency Income.

#20 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Ackroyd Engineering LLC, Manchester, NH, for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2013. Funding is project specific.

#21 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Lee F. Carroll PE, Gorham, NH, for professional electrical engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#22 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Quantum Construction Consultants LLC, Concord, NH, for professional civil/structural engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#23 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Vanasse, Hangen, Brustlin Inc., Bedford, NH, for professional civil/structural engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#24 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Jacobs Engineering Group Inc., Manchester, NH, for professional civil/structural engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#25 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Appledore Engineering Inc., a Division of TIGHE & BOND, Portsmouth, NH, for professional civil/structural engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#26 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Oak Point Associates, Portsmouth, NH, for professional architectural services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#27 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Tennant/Wallace Architect, Manchester, NH, for professional architectural services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#28 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Christopher P. Williams Architects PLLC, Meredith, NH, for professional architectural services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#29 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Lavallee, Brensinger Architects, Manchester, NH, for professional architectural services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#30 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Dignard Architectural Services, New Boston, NH, for professional architectural services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $500,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#31 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Dubois & King Inc., Williston, VT, for professional mechanical engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#32 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with Stantec Consulting Services Inc., Auburn, NH, for professional mechanical engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#33 Authorized with Councilor Wheeler voting no, the Bureau of Public Works Design and Construction to enter into an agreement with McFarland Johnson Inc., Concord, NH, for professional electrical engineering services required for planning, design and construction of various Public Works’ Projects as necessary and required by the department, in an amount not to exceed $300,000. Effective upon G&C approval through June 30, 2014. Funding is project specific.

#34 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with TLT Construction Corp., Wakefield, MA, for the Regional Training Institute and Barracks Facility in Pembroke, NH, for a total price not to exceed $24,628,900. (2)Further authorized a contingency in the amount of $1,725,243 to provide for additional unanticipated expenses related to unknown subsurface conditions and unanticipated building conflicts that arise during construction, bringing the total to $26,354,143. (3)Further authorized the amount of $200,000 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $26,554,143. Effective upon G&C approval through June 29, 2013. 100% Capital – Federal Funds.

The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Sununu approved the proposal as submitted by the Attorney General as follows:

The Governor and Council shall establish the following procedure for approval of contingency items regarding item #34. The Department of Administrative Services and the Adjutant General shall submit all requests for expenditure of contingency items to the Governor and Council for approval. The Governor and Council will entertain such requests as late items if needed to address unanticipated contingencies that may arise and shall act on the contingency requests on the date presented. This procedure will apply to item #34 only.

The Governor and Council on motion of Councilor Wheeler, seconded by Councilor Wieczorek voted to approve the proposal as an added binding procedure to the contract, not as an amendment.

#35 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with Meridian Construction Corp, Gilford, NH, for the NHARNG Federal Aid Projects, new concrete floor and renovations to FMS, Littleton, NH, for a total price not to exceed $158,185. (2)Further authorized the amount of $10,300 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $168,485. Effective upon G&C approval through December 2, 2011. 100% Federal Funds.

#36 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with David R. Whitcher Builder Inc., Strafford, NH, for Design/Build NHARNG Maintenance Shed, Center Strafford, for a total price not to exceed $329,621. (2)Further authorized the amount of $8,400 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $338,021. Effective upon G&C approval through August 29, 2012. 100% Federal Funds.

#37 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with James J. Welch & Co., Inc., Salem, MA, for the DMV Dover Point Substation, Dover, NH, for a total price not to exceed $453,608. (2)Further authorized the amount of $36,100 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $489,708. Effective upon G&C approval through May 31, 2012. 100% Capital - Highway Funds.

#38 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with Nicom Coatings Corporation, Concord, NH, for the Tarmac Concrete Apron Repairs at the NHARNG Aviation Support Facility, Concord, NH, for a total price not to exceed $262,875. (2)Further authorized the amount of $8,400 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $271,275. Effective upon G&C approval through December 31, 2011. 100% Federal Funds.

#39 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with Turnstone Corporation, Milford, NH, for the renovations at two National Guard Armories in Lebanon and Milford, for a total price not to exceed $854,400. (2)Further authorized the amount of $25,632 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $880,032. Effective upon G&C approval through January 20, 2012. 100% Federal Funds.

#40 Authorized the Bureau of Public Works Design and Construction to enter into an agreement with H. L. Patten Construction Inc., Kittery, ME, for the main toll building renovation (DOT Project No. 15803A), Interstate 93, Hooksett, for a total price not to exceed $266,900. (2)Further authorized the amount of $7,900 for payment to the Department of Administrative Services, Bureau of Public Works Design and Construction, for engineering services provided, bringing the total to $274,800. Effective upon G&C approval through March 30, 2012. 100% Turnpike Renewal & Replacement Funds.

STATE TREASURY

#41 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St. Hilaire authorized the request to issue a warrant from funds not otherwise appropriated in the amount of $109,323 and the State Treasurer to issue checks in the amount of $109,322.54 to the rightful owners of abandoned or unclaimed funds.

DEPARTMENT OF CULTURAL RESOURCES

#42 The Governor and Council on motion of Councilor Burton, seconded by Councilor St. Hilaire authorized the request of the Division of Arts to award a Cultural Facilities Grant in the amount of $8,000 to Friends of the Colonial, Bethlehem. Effective upon G&C approval through June 30, 2012. 100% General Funds.

DEPARTMENT OF REVENUE ADMINISTRATION

#43 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St. Hilaire authorized the request to retroactively pay the Federation of Tax Administrators, Washington, DC, in the amount of $8,845 for organizational dues. Effective July 1, 2011 through June 30, 2012. 100% General Funds.

ATTORNEY GENERAL – DEPARTMENT OF JUSTICE

The Governor and Council acted as follows:

#44 Authorized to sub grant with Strafford County Attorney’s Office and the Manchester Police Department, for a total of $14,543.88, from the previously accepted 2009 ARRA, Violence Against Women Formula Grant, designed to provide services for women in NH who are victims of violent crimes. Effective upon G&C approval through April 30, 2012. 100% Federal ARRA Funds.

#45 Authorized to enter into a memorandum of understanding with the Joint Board of Licensure, NH Real Estate Appraiser Board for the purpose of providing administrative prosecutions and to reimburse the Department of Justice up to $10,000 for providing these services. (2)Further authorized to enter into a sole source contract with David Conley, Concord, NH, for the purpose of providing the administrative prosecution services for the Board, in the amount of $7,700. Effective upon G&C approval through June 30, 2012. 100% Transfer from other Agencies.

#46 Authorized to enter into a sub grant with the Franklin Police Department, in the amount of $15,000, from the Violence Against Women Act grant program for the purpose of providing services for women and children in NH who are victims of violent crimes. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

#47 Authorized with Councilor Wheeler voting no, to conduct a two-day advanced-training conference for victim advocates scheduled for November 2-3, 2011, entitled the “2011 Tri-State Advanced Victim Assistance Academy” to be held at the Eagle Mountain House in Jackson, NH, at a cost not to exceed $12,812.80. Effective upon G&C approval through December 30, 2011. 65% Agency Income (Registration Fees), 35% Federal Funds. (2)Further authorized to accept and expend registration fees for the two-day advanced-training conference for victim advocates, for a total amount not to exceed $8,280 to help defray the cost of the conference and facility expenses. 100% Agency Income (Registration Fees). (3)Further authorized to enter into an agreement with Eagle Mountain House Condominium Association, for conference facilities and food services for the two-day advanced-training conference, in an amount not to exceed $12,312.80. Effective upon G&C approval through November 3, 2011. 67% Agency Income (Registration Fees), 33% Federal Funds.

#47A Authorized the Office of the Medical Examiner to enter into a retroactive sole source contract with Dr. Elizabeth A. Bundock, M.D., Ph.D., to assist the Chief Medical Examiner with autopsies specific to Neuropathology Examinations, including consultations, trials and depositions when required, in the amount not to exceed $40,000. Effective July 1, 2011 through June 30, 2013. 100% General Funds.

INSURANCE DEPARTMENT

#48 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Sununu authorized the request to enter into a contract with Corey Rousseau, Windham, NH, for statistical and actuarial services, in the amount of $7,250. Effective upon G&C approval through November 11, 2011. 100% Insurance Assessment Funds.

PUBLIC UTILITIES COMMISSION

The Governor and Council acted as follows:

#49 FAILED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Burton, and further on a roll call voted as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – no, Councilor Wieczorek – no, and Councilor Wheeler – no, failed to award grant funds in the amount of $51,850 to Mascenic Regional School District, to install, own, and operate a wood pellet boiler at the Greenville Elementary School in Greenville, NH. Effective upon G&C approval through December 31, 2012. 100% Renewable Energy Funds.

#50 FAILED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Burton, and further on a roll call voted as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – no, Councilor Wieczorek – no, and Councilor Wheeler – no, failed to award grant funds in the amount of $151,040 to Monadnock Paper Mills Inc., to rebuild a dormant hydroelectric generating unit and install flashboards on the dam crest at the Monadnock Station facility in Bennington, NH. Effective upon G&C approval through December 31, 2012. 100% Renewable Energy Funds.

#51 FAILED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Burton, and further on a roll call voted as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – no, Councilor Wieczorek – no, and Councilor Wheeler – no, failed to award grant funds in the amount of $100,000 to Revolution Energy LLC, to design, develop, build, own, and operate a 140 kilowatt solar photovoltaic system on the main office of Favorite Foods Inc., Somersworth, NH. Effective upon G&C approval through December 31, 2012. 100% Renewable Energy Funds.

#52 FAILED – The Governor and Council on motion of Councilor St. Hilaire, seconded by Councilor Burton, and further on a roll call voted as follows: Councilor Burton – yes, Councilor St. Hilaire – yes, Councilor Sununu – no, Councilor Wieczorek – no, and Councilor Wheeler – no, failed to award grant funds in the amount of $165,000 to Spaulding Ave Industrial Complex LLC, to replace the existing culvert in the tailrace that runs parallel to the Salmon Falls River with four new culverts, thereby increasing the generating capacity of the existing hydroelectric system in Rochester, NH. Effective upon G&C approval through December 31, 2012. 100% Renewable Energy Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

The Governor and Council acted as follows:

#53 Authorized the Office of Workforce Opportunity to enter into a contract with the Community Action Program Belknap-Merrimack Counties Inc., for the delivery of Senior Community Services Employment Programs, in the amount of $1,738,728. Effective upon G&C approval through June 30, 2015. 100% Federal Funds.

#54 Authorized the Office of Workforce Opportunity to enter into a contract with Southern NH Services Inc., Manchester, NH, for the delivery of Workforce Investment Act Adult and Dislocated Worker Program services, in the amount of $13,450,688. Effective upon G&C approval through June 30, 2015. 100% Federal Funds.

#55 Authorized the Division of Parks and Recreation to enter into a sole source retroactive contract with the Student Conservation Association Inc., Charlestown, NH, to provide interpretive services for park projects, in the amount of $35,545. Effective June 6, 2011 through October 30, 2011. 100% Park Account Funds.

#56 Authorized the Bureau of Trails to amend contracts with the OHRV clubs as detailed in letter dated August 23, 2011, (originally approved by G&C on 7-13-11, item #42), for summer construction and equipment, by increasing the amount by $75,672.03 from $295,161.10 to $370,833.13. Effective upon G&C approval through January 1, 2012. 100% OHRV and Snowmobile Funds.

#57 Authorized the Bureau of Trails to amend contracts with the snowmobile clubs as detailed in letter dated August 23, 2011, (originally approved by G&C on 7-13-11, item #41), for summer construction and equipment, by increasing the amount by $73,691.99 from $1,340,040.64 to $1,413,732.63. Effective upon G&C approval through January 1, 2012. 100% OHRV and Snowmobile Funds.

#58 Authorized the Bureau of Trails to enter into a sole source contract with NH Central Railroad, N. Stratford, NH, to lift, salvage and stockpile railroad rail, and other track materials, in the amount of $18,000. Effective upon G&C approval through November 30, 2011. 100% Federal Funds.

#59 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation to enter into a sole source contract with Aerial NDT Inspection Inc., Milton, NH, for the magnetic particle testing of the chairlifts at Cannon Mountain Ski Area in Franconia, in the amount of $4,472.50. Effective upon G&C approval through November 1, 2011. 100% Ski Area Funds.

#60 Authorized the Division of Parks and Recreation to enter into a contract with JMS Roofing LLC, Wolfeboro Falls, NH, for bathhouse roof replacement at Wentworth State Park in Wolfeboro, NH, in the amount of $15,138. Effective upon G&C approval through October 14, 2011. 100% Capital Funds.

#61 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain, to renew a membership with the National Ski Areas Association, Lakewood, CO, for the 2011/2012 ski season, in the amount of $4,967.78. Effective upon G&C approval through June 30, 2012. 100% Ski Area Funds.

#62 Authorized with Councilor Sununu recusing himself, the Division of Parks and Recreation, Cannon Mountain, to make a retroactive sole source payment to Siriusware Inc., Taos, NM, in the amount of $4,618.08 for the second half of an annual maintenance and technical support service provided to Cannon for its retail and rental programs. Effective upon G&C approval. 100% Ski Area Funds.

NEW HAMPSHIRE FISH AND GAME DEPARTMENT

The Governor and Council acted as follows:

#63 Authorized the Law Enforcement Division to accept the donation of use for three Outlander XT 500 All Terrain Vehicles (two 2011 and one 2012) valued at $27,897 retail from Outdoor Performance LLC, Bridgewater, NH. (2)Further authorized the option to purchase these vehicles after 10 months of donated use, at a discounted price below the dealer’s cost.

#64 Authorized to acquire the fee title to 82+/- acres in Alton, NH, from Peter and Constance Holmes, Chichester, NH, for the amount of $75,000. Effective upon G&C approval through December 31, 2011. 100% Federal Funds.

#65 Authorized to enter into a non-exclusive no cost contract with Kevin Inc., d/b/a Kittery Trading Post, Kittery, ME, for the purchase and sale of Department-branded merchandise. Effective upon G&C approval through June 30, 2013.

#66 Authorized to enter into a contract with the State of Maine, Department of Marine Resources, for the purpose of completing the monitoring and research on rainbow smelt, in the amount of $53,762. Effective upon G&C approval through July 31, 2012.

#67 Authorized to enter into a contract with Salmon Falls Nursery Inc., Berwick, ME, for the Landscaping Improvements at Lambert Park Boat Access on the Merrimack River in Hooksett, NH, in the amount of $6,600. Effective upon G&C approval through June 20, 2012. 100% Statewide Public Boat Access Funds.

#68 Authorized to enter into a contract with M.E. Latulippe Construction Inc., Ashland, NH, for the construction of the Connecticut River Orford Boat Access Facility in Orford, NH, in the amount of $233,000. Effective upon G&C approval through June 29, 2012. 100% Statewide Public Boat Access Funds.

#68A Authorized to enter into a memorandum of agreement with the Pease Development Authority to act as subcontractor to locate and purchase NH FGD approved federal northeast multispecies fishing vessel permits for the NH Permit Bank, in an amount not to exceed $994,206. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

DEPARTMENT OF ENVIRONMENTAL SERVICES

The Governor and Council acted as follows:

#69 Authorized to amend an existing grant agreement with the Winnipesaukee Flagship Corporation, Weirs Beach, NH, (originally approved by G&C on 4-13-11, item #51), for purchase and installation of replacement engines in M/V Doris E, by increasing the amount by $5,500 from $46,315 to $51,815, and by extending the completion date from September 30, 2011 to December 31, 2011. 100% ARRA Federal Funds.

#70 Authorized with Councilor Wheeler voting no, to enter into a memorandum of agreement with the NH Department of Transportation to provide up to $55,464 to DOT for the purchase of four light duty vehicles that run on compressed natural gas. Effective upon G&C approval through April 30, 2012. 100% ARRA SEP Federal Funds.

#71 Authorized with Councilor Wheeler voting no, to retroactively pay 2011 membership dues to the Ground Water Protection Council, Oklahoma City, OK, in the amount of $7,500. Effective upon G&C approval. 100% Federal Funds.

#72 Authorized to amend a contract with Homestead Woolen Mills Inc., (originally approved by G&C on 7-15-09, item #57), to provide grant funding to assist the owner of Homestead Woolen Mills Dam in the removal of the dam, by extending the completion date to December 31, 2012 from December 31, 2011. No Additional Funding. 93.75% Federal, 6.25% Other (Pass-Thru Grants) Funds.

#73 Authorized to enter into grant agreements with the parties as detailed in letter dated August 10, 2011, to accept fuel operated heaters along with the installation of those heaters by W.C. Cressey and Son Inc., Kennebunk, ME, with a total grant value of $164,195. Effective upon G&C approval through September 30, 2012. 100% Federal Funds.

#74 Authorized to complete repairs to Suncook Lake Dam on Lower Suncook Lake in Barnstead in an amount not to exceed $21,500. Effective upon G&C approval through June 30, 2013. 100% Dam Maintenance Program Funds.

#75 Authorized to retroactively enter into a Joint Funding Agreement with the US Geological Survey, Pembroke, NH, for streamflow gaging, in the amount of $187,930. Effective July 1, 2011 through June 30, 2012. 18.6% Dam Maintenance, 41.5% General, 39.9% Interagency Income Funds.

#76 Authorized to enter into a Cooperative Project Agreement with the University of NH, Durham, NH, for the Stormwater Engineering Assistance Project, in the amount of $25,000. Effective upon G&C approval through December 31, 2013. 100% Federal Funds.

#77 Authorized to award a Brownfields Revolving Loan Fund cleanup grant to the Town of Bethlehem in the amount of $200,000 for the cleanup of environmental contamination at the Maplehurst Hotel Property. Effective upon G&C approval through September 30, 2012. 100% Federal Funds.

#78 Authorized to award a grant in the amount of $2,500 to the Town of Sandown, for the purpose of used oil collection. Effective upon G&C approval through September14, 2012. 100% Hazardous Waste Cleanup Funds.

#79 Authorized to enter into a grant agreement with the Town of Bow, totaling $1,824 to fund Household Hazardous Waste collection projects. Effective October 1, 2011 through June 30, 2012. 100% Hazardous Waste Funds.

#80 Authorized to enter into a grant agreement with the Town of Henniker, totaling $2,777 to fund Household Hazardous Waste collection projects. Effective October 22, 2011 through June 30, 2012. 100% Hazardous Waste Funds.

#81 Authorized Sunset Ranch Camp Inc’s request to stabilize shoreline with rip rap and plant a vegetative buffer strip immediately landward of the rip rap, on Upper Baker Pond in Orford.

#82 Authorized Richard Totaro’s request to perform work on Lake Winnipesaukee in Wolfeboro.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Governor and Council acted as follows:

Bureau of Finance

#83 Authorized to enter into an agreement with Bowe, Bell and Howell, Burlington, MA, for preventive maintenance on the Department’s Automated In-Line Mailing System, in an amount not to exceed $119,550. Effective upon G&C approval through June 30, 2013. 38% Federal, 62% General Funds.

Bureau of Human Resource Management

#84 Authorized to finalize the determination made by the Commissioner that on May 18, 2011 Colleen Crote, Teacher Assistant, Division of Juvenile Justice Services sustained an injury in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.

#85 Authorized to finalize the determination made by the Commissioner that on May 27, 2011 Alex Cooper, Mental Health Worker II, NH Hospital, sustained an injury in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.

#86 Authorized to finalize the determination made by the Commissioner that on May 27, 2011 Sharon Cheney, Registered Nurse II, NH Hospital, sustained an injury in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.

#87 Authorized to finalize the determination made by the Commissioner that on May 26, 2011 Cindy Murphy, Area Program Coordinator, Designated Receiving Facility, sustained an injury in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature. Effective upon G&C approval.

Bureau of Facilities and Assets Management

#88 Authorized to amend a sole source lease with the City of Dover, NH, (originally approved by G&C on 10-25-06, item #63), for Dover Itinerant Office space, by increasing the price in the amount of $22,592.52 to $137,163.84 from $114,571.32, and by extending the term to September 30, 2012. Effective upon G&C approval. 60.5% General, 39.5% Federal Funds.

Division of Public Health Services

#89 Authorized the Bureau of Laboratory Services, Public Health Laboratories, Radiochemistry Laboratory, to enter into an agreement with PL Medical Co., LLC, Bloomfield, CT, to provide repair and service of the Panasonic Thermoluminescent Dosimeter Reader, in an amount not to exceed $38,250. Effective upon G&C approval through thirty six months. 100% Other (Utilities) Funds.

#90 Authorized the Bureau of Public Health Systems, Policy and Performance, Rural Health and Primary Care Section to enter into an agreement with Dr. Ajay Koshy, Doctor of Allopathic Medicine, Goffstown, NH, to provide reimbursement for payment of educational loans through the State Loan Repayment Program, in an amount not to exceed $20,000. Effective October 1, 2011 or upon G&C approval, whichever is later, through September 30, 2013. 100% General Funds.

#91 Authorized with Councilors Wieczorek and Wheeler voting no, Laboratory Services to reclassify position #42905 from Programs Specialist III, salary grade 23, to Public Health Program Manager, salary grade 26. 100% Federal Funds.

#92 Authorized the Bureau of Laboratory Services to enter into an agreement with STAT Courier Service Inc., St. Louis, MO, to provide emergency courier services, in an amount not to exceed $90,000. Effective upon G&C approval through June 30, 2013. 84.02% Federal, 15.98% General Funds.

#93 Authorized the Bureau of Population Health and Community Services, Maternal and Child Health Section to amend a sole source agreement with the University of NH, Durham, NH, (originally approved by G&C on 6-3-09, item #115), to provide epidemiological expertise and analytic and research support to the Department of Public Health Services, Maternal and Child Health Section, by increasing the price by $14,470 from $292,809 to $307,279. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

#94 Authorized the Bureau of Public Health Systems, Policy and Performance, Rural Health and Primary Care Section to renew and amend an agreement with Performance Management Institute LLC, Portland, ME, (originally approved by G&C on 12-9-09, item #69), to assist rural and underserved stakeholders in developing and sustaining creative effective access to quality health care services in their rural NH communities, by increasing the price by $726,909.50 from $786,000 to $1,512,909.50, and by extending the completion date to August 31, 2013. 100% Federal Funds.

Division of Family Assistance

#95 Authorized to give retroactive reimbursement to Ashley Rossiter, Family Services Specialist, from SFY 2012 appropriations, $21.92 for travel expenses incurred from March 11, 2011 and April 4, 2011, which should have been paid from SFY 2011 funds. 48% Federal, 52% General Funds.

Division of Child Support Services

#96 Authorized to retroactively reimburse William Torpey, Child Support Officer, from the SFY 2012 appropriations, $8.86 for travel expenses incurred for May 6, 2011, that should have been paid from SFY 2011 funds. 66% Federal, 1.28% Agency Income, 32.72% General Funds.

#97 Authorized to retroactively reimburse Dena Turcotte, Child Support Officer, from the SFY 2012 appropriations, $24.48 for travel expenses incurred for May 17, 18, and 31, 2011, that should have been paid from SFY 2011 funds. 66% Federal, 1.28% Agency Income, 32.72% General Funds.

#98 Authorized to retroactively reimburse Amy Pauli, Child Support Officer, from the SFY 2012 appropriations, $10.90 for travel expenses incurred for May 27, 2011, that should have been paid from SFY 2011 funds. 66% Federal, 1.28% Agency Income, 32.72% General Funds.

#99 Authorized to retroactively reimburse Paul Towle, Child Support Officer, from the SFY 2012 appropriations, $26.52 for travel expenses incurred for May 11, 2011, that should have been paid from SFY 2011 funds. 66% Federal, 1.28% Agency Income, 32.72% General Funds.

Division for Children, Youth and Families

#100 Authorized with Councilor Wheeler voting no, to retroactively pay a membership fee to the Judge Baker Children’s Center, Boston, MA, in the amount of $19,000, for annual membership in the New England Association of Child Welfare Commissioners and Directors. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

Bureau of Developmental Services

#101 Authorized the Bureau of Developmental Services and the Office of Client and Legal Services to enter into an agreement with Kathy Bates, Somersworth, NH, to provide Complaint Investigator services to conduct investigations of abuse, neglect, exploitations, and rights violations, in an amount not to exceed $29,400. Effective upon G&C approval through June 30, 2012. 100% Investigative Fees.

Bureau of Behavioral Health

#102 Authorized to enter into a sole source agreement with the Institute on Disability, University of NH, to conduct public mental health consumer surveys as required by the Mental Health Block Grant program in an amount not to exceed $89,000. Effective upon G&C approval through November 30, 2012. 100% Federal Funds.

#103 Authorized to pay the National Association of State Mental Health Program Directors, Alexandria, VA, $8,979 in annual membership dues. Effective retroactive to July 1, 2011 through June 30, 2012. 66% General, 34% Federal Funds.

Bureau of Homeless and Housing Services

#104 Authorized to enter into an agreement with Families in Transition, Manchester, NH, to provide services to homeless individuals in an amount not to exceed $93,865. Effective October 1, 2011 through September 30, 2012. 100% Federal Funds.

#105 Authorized to enter into an agreement with Community Action Program Belknap-Merrimack Counties Inc., Concord, NH, to provide services to homeless individuals in an amount not to exceed $66,519. Effective December 1, 2011 through November 30, 2012. 100% Federal Funds.

#106 Authorized to enter into an agreement with Southwestern Community Services Inc., Keene, NH, to provide services to homeless individuals in an amount not to exceed $110,262. Effective November 1, 2011 through October 31, 2012. 100% Federal Funds.

#107 Authorized to enter into an agreement with Community Services Council of NH, Concord, NH, to provide services to homeless individuals in an amount not to exceed $113,750. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#108 Authorized to enter into an agreement with Center for Life Management, Derry, NH, to provide services to homeless individuals in an amount not to exceed $293,400. Effective retroactive to August 26, 2011 through August 25, 2012. 100% Federal Funds.

#109 Authorized to enter into an agreement with Community Action Program Belknap-Merrimack Counties Inc., Concord, NH, to provide services to homeless individuals in an amount not to exceed $86,222.45. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#110 Authorized to enter into an agreement with Southwestern Community Services Inc., Keene, NH, to provide services to homeless individuals in an amount not to exceed $250,176. Effective retroactive to June 28, 2011 through June 27, 2012. 100% Federal Funds.

#111 Authorized to enter into an agreement with Community Partners, Dover, NH, to provide services to homeless individuals in an amount not to exceed $41,095. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#112 Authorized to enter into an agreement with Families in Transition, Manchester, NH, to provide services to homeless individuals in an amount not to exceed $70,057. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#113 Authorized to enter into an agreement with Harbor Homes Inc., Manchester, NH, to provide services to homeless individuals in an amount not to exceed $192,112. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#114 Authorized to enter into an agreement with Families in Transition, Manchester, NH, to provide services to homeless individuals in an amount not to exceed $70,862. Effective retroactive to September 1, 2011 through August 31, 2012. 100% Federal Funds.

#115 Authorized to enter into an agreement with Southwestern Community Services Inc., Keene, NH, to provide services to homeless individuals in an amount not to exceed $78,720. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#116 Authorized to enter into an agreement with Seacoast Mental Health Center, Portsmouth, NH, to provide services to homeless individuals in an amount not to exceed $13,817. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

#117 Authorized to enter into an agreement with Lakes Region Mental Health Center Inc., d/b/a Genesis Behavioral Health, Laconia, NH, to provide services to homeless individuals in an amount not to exceed $97,260. Effective retroactive to July 1, 2011 through June 30, 2012. 100% Federal Funds.

DEPARTMENT OF EDUCATION

The Governor and Council acted as follows:

#118 Authorized to utilize individuals as detailed in letter dated August 5, 2011, to conduct impartial special education complain investigations and Authorized unencumbered payments for services to a total cumulative amount not to exceed $75,000. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

#119 Authorized the Division of Instruction to contract with Michael Williamson, Amherst, NH, to work with other content specialists from ME, VT, and RI, on all aspects of NECAP test development in Reading and Writing, in an amount not to exceed $25,000. Effective upon G&C approval through June 30, 2012, with the option to renew for up to one additional fiscal year. 100% Federal Funds.

#120 Authorized with Councilor Wheeler voting no, to enter into a contract with NH Coalition for Citizens with Disabilities d/b/a Parent Information Center, Concord, NH, to continue to develop regional support networks to connect families, schools, and communities throughout NH, in an amount not to exceed $224,338.46. Effective upon G&C approval through June 30, 2012. 100% Federal Funds.

#121 Authorized the Division of Instruction to renew a contract with Saundra Kent, Dering, NH, (originally approved by G&C on 10-20-10, item #88), to work with other content specialists from ME, VT, and RI, on all aspects of NECAP test development in Science, in an amount not to exceed $10,000. Effective upon G&C approval through June 30, 2012, with the option to renew for up to one additional fiscal year. 100% Federal Funds.

McAULIFFE-SHEPARD DISCOVERY CENTER

The Governor and Council acted as follows:

#122 Authorized to contract with AAA Energy Service Company, Auburn, NH, for HVAC service and preventative maintenance, in an amount not to exceed $23,560. Effective upon G&C approval through June 30, 2012. 100% General Funds.

#122A Authorized to retroactively amend an agreement with the Sherbrooke Museum of Nature and Science, Sherbrooke, Quebec, Canada, for use of the Beyond Images exhibition by extending the completion date from August 15 to September 30, 2011, and by increasing the amount by $10,971.60 from $9,995 to an amount not to exceed $20,966.60. (2)Further authorized to adjust Exhibits B and C of the original agreement, to pay round-trip shipping costs directly to the Sherbrooke Museum of Nature and Science and to require provision of insurance. 100% Discovery Center Revenue.

NEW HAMPSHIRE LOTTERY

#123 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton, and with Councilor Wheeler voting no, authorized the request for retroactive payment of FY2012 membership dues in the amount of $16,000 to the North American Association of State and Provincial Lotteries. 100% Lottery Revenue.

POLICE STANDARDS & TRAINING COUNCIL

The Governor and Council acted as follows:

#124 Authorized to accept and place on file the annual report for SFY11.

#125 Authorized to enter into a service agreement with the Institute of Police Technology Management of the University of North Florida, to provide technical law enforcement training, at a cost of $44,000. Effective upon G&C approval through June 30, 2012. 100% Penalty Assessment Funds.

#126 Authorized to enter into a service agreement with The Taylor Group of Bowie, MD, to provide instruction in gang recognition and interaction, to be held at the Arthur D. Kehas Law Enforcement Training Facility and Campus in Concord, at a total cost of $6,993. Effective upon G&C approval through June 30, 2012. 100% Penalty Assessment Funds.

#127 Authorized to enter into a service agreement with Crawford Polygraph Services LLC, Center Harbor, NH, to provide instruction in the process of interview and interrogations in law enforcement, to be held at the Arthur D. Kehas Law Enforcement Training Facility and Campus in Concord, at a total cost of $7,000. Effective upon G&C approval through June 30, 2012. 100% Penalty Assessment Funds.

#128 Authorized to enter into a service agreement with NAMI – NH of Concord, NH, to provide instruction in law enforcement interaction with individuals with mental illnesses, to be held at the Arthur D. Kehas Law Enforcement Training Facility and Campus in Concord, at a total cost of $23,400. Effective upon G&C approval through June 30, 2012. 100% Penalty Assessment Funds.

#129 Authorized to enter into a service agreement with Charles C. Hemp, Kansas City, MO, to provide instruction in the handling of internal affairs investigations, to be held at the Arthur D. Kehas Law Enforcement Training Facility and Campus in Concord, at a total cost of $5,850. Effective upon G&C approval through June 30, 2012. 100% Penalty Assessment Funds.

DEPARTMENT OF SAFETY

The Governor and Council acted as follows:

#130 Authorized the Division of Motor Vehicles to enter into a new sub-lease agreement with 30 International Drive LLC, Raymond, NH, for the purpose of providing temporary Division of Motor Vehicle space in an amount not to exceed $45,000. Effective upon G&C approval through March 14, 2013. 100% Highway Funds.

#131 Authorized the Division of Motor Vehicles to accept and expend “Motorcycle Safety Incentive Grant” funds in the amount of $21,178 from the NH Highway Safety Agency. Effective upon G&C approval through December 15, 2011. 100% Agency Income.

#132 Authorized the Division of Homeland Security and Emergency Management to enter into a grant agreement with the Town of Sandown, NH, for implementation of projects identified through the evaluation of natural hazards, for a total amount of $160,826. Effective upon G&C approval through December 31, 2013. 100% Federal Funds.

DEPARTMENT OF TRANSPORTATION

The Governor and Council acted as follows:

#133 Authorized to enter into a contract with R&R Communications Inc., Swanzey, NH, for the purpose of providing statewide radio maintenance and service for the Department’s mobile radio system and Amber Alert message board battery systems, on the basis of a low bid of $96,340. Effective upon G&C approval through June 30, 2013. 84% Highway, 14% Turnpike, 2% General Funds.

#134 Authorized to enter into a contract with Ossipee Mountain Electronics Inc., Moultonborough, NH, for the purpose of providing mobile radio installation services, on the basis of a low bid of $21,256. Effective upon G&C approval through June 30, 2013. 68% Highway, 32% Turnpike Funds.

#135 Authorized the Bureau of Traffic to exercise a contract renewal option with Interstate Electrical Services, Bedford, NH, (originally approved by G&C on 1-13-10, item #139), for Fire Alarm System Testing and Maintenance Services, in the amount of $8,000. Effective upon G&C approval through June 30, 2013. 100% Highway Funds.

#136 Authorized the Bureau of Traffic to enter into a lease agreement with Aquarion Water Company, Hampton, NH, for communications facility and tower space, totaling $15,612.12. Effective upon G&C approval through a period of five years.

#137 Authorized the Bureau of Right of Way to pay various owners $102,695.44 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from August 2, 2011 through August 23, 2011.

#138 WITHDRAWN – The Agency withdrew the request of the Bureau of Right of Way to remove a deed restriction placed by the State of NH over a 2.1+/- Ac parcel of land located in the Town of Hudson formerly owned by the State of NH and now owned by the Town of Hudson in exchange for the Town of Hudson releasing their rights to rebuild the Red Barn on the Town owned property plus $76,000. In addition the Department will assess an Administrative Fee of $1,100. Effective upon G&C approval.

#139 Authorized the Bureau of Highway Design to enter into an agreement with T.F. Bernier, Inc., Concord, NH, for on-call consultant professional survey services for various highway projects located throughout the State, for an amount not to exceed $350,000. Effective upon G&C approval through September 30, 2014.

#140 Authorized the Bureau of Construction to enter into a contract with East Coast Signals Inc., Deerfield, NH, for replacing signal cabinets and the associated equipment housed inside the cabinet at thirteen locations throughout the State, on the basis of a low bid of $292,670. Effective upon G&C approval through June 15, 2012. 100% Betterment Funds.

#141 Authorized the Bureau of Construction to enter into a contract with R.S. Audley Inc., Bow, NH, for replacing the I-93 bridges over Interstate 89 in the Town of Bow and City of Concord, on the basis of a low bid of $14,725,428.75. (2)Further authorized a contingency in the amount of $736,271.44 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through June 26, 2015. 100% Turnpike Funds.

#142 Authorized the Bureau of Construction to enter into a contract with Nicom Coating Corporation, Barre, VT, for crack sealing of 4.4 miles of I-89 NB and SB in Grantham, on the basis of a low bid of $119,000. (2)Further authorized a contingency in the amount of $11,900 for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through October 21, 2011. 100% Federal Funds.

LATE ITEMS

DEPARTMENT OF TRANSPORTATION

Authorized to retroactively enter into a contract with R.M. Piper on a basis of a low bid of $712,270.00 for emergency roadway repairs along approx. 6.4 miles of Route 302 between the bridge over the Sawyer River and the Flume Cascade at the top of Crawford Notch in Harts Location. From September 6, 2011 through October 14, 2011. 2) Further authorize that a contingency in the amount of $71, 227.00 be approved for payment of latent conditions, which may appear during the construction of the project. 100% Betterment Funds.

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Authorized the Division of Parks and Recreation, Bureau of Historic Sites to accept a monetary donation of $3,100 from Wilfred Hall for restoration of a brick chimney located at Fork Stark in New Castle. 2) Further authorize to make a one-time retroactive and sole source payment to Kevin Kukesh in the amount of $3,100 for the chimney restoration work. 100% Historic Sites Fund

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

C. Authorized the Division of Parks and Recreation to accept an in-kind donation from Joe Kutt, a USN Veteran, valued at $2,541.32 in the form of a new flag pole, new American and State flags, and all labor and equipment necessary for its placement at Odiorne Point State Park.

OFFICE OF THE ADJUTANT GENERAL

Authorized to enter into a retroactive contract amendment with Securitas Security Services USA, to increase the existing contract, from $595,959.60 by $48,452 to a new annual total of $644,411.60 from Sept. 1, 2011 to June 30, 2012, with the option for two (2), one-year contract renewal periods. 100% Federal Funds. These additional security services are requested following the guidance of The National Guard Bureau in anticipation of the tenth anniversary of the September 11, 2001 terrorist attacks.

DEPARTMENT OF ENVIRONMENTAL SERVICES

Authorized to finalize the loan with Southern Peaks Development and amend the load to include Riverwalk of Loon Mountain, LLC as successor mortgagor and allowing subordination of the loan for the remediation of environmental contamination under the provisions of RSA 147-F:20. 100% Federal Funds.

ITEM REMOVED FROM TABLE

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St. Hilaire, voted to remove the confirmation – which was tabled at the August 24, 2011 Meeting

CONFIRMATION

The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor St. Hilaire, and with Councilors Sununu and Wheeler voting no, voted to confirm the following:

Commissioner of the Department of Transportation

Christopher D. Clement, Sr., Durham Effective: Upon Confirmation

Succeeding: George N. Campbell, Jr., Portsmouth (resigned) Term: December 3, 2011

Salary: LL - $116,170

ITEM REMOVED FROM TABLE

The Governor and Council on motion of Councilor Sununu, seconded by Councilor Wheeler, voted to remove item #83- which was tabled at the August 24, 2011 Meeting

DEPARTMENT OF TRANSPORTATION

#83 The Governor and Council on motion of Councilor Sununu, seconded by Councilor Burton, voted to approve the request of the Bureau of Aeronautics to award a grant to the City of Claremont, to remove tree vegetation from the Federal Aviation Regulations protected surfaces surrounding the Claremont Municipal Airport, in the amount of $200,850. Effective upon G&C approval through October 31, 2014. 97.44% Federal, 2.56% General Funds.

Next regular Governor and Executive Council meeting is scheduled for Wednesday, September 28, 2011, at the Boys and Girls Club, Nashua, NH.

The Honorable Board then Adjourned at 1:00 p.m.