GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                Berlin Middle School, Berlin, New Hampshire

                                                                                October 17, 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 Wieczorek, seconded by Councilor Hollingworth, accepted the minutes of October 3, 2007.

 

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Shea approved the appointment of several persons nominated for Civil Commissions from the October 3, 2007 meeting.

                                                      

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

 

RESIGNATIONS

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

 

Board of Chiropractic Examiners

(Public Member)

Laura V. Althoff, Concord                                                                                Effective:  October 17, 2007

 

Executive Branch Ethics Commission

Nominated by the State Treasurer

L. Douglas O’Brien, (r), Bow                                                                             Effective:  October 17, 2007

 

New Hampshire Liquor Commission

Anthony C. Maiola, (r), Newport                                                                      Effective:  January 15, 2008

 

University System of New Hampshire Board of Trustees

Anne M Sprague, Plainfield                                                                               Effective:  October 17, 2007

 

Wetlands Council

Representing Marine Contractors

Paul Goodwin, Gilford                                                                                        Effective:  October 17, 2007

 

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

Board of Acupuncture Licensing

(Acupuncturist)

Sheryl Wookey, Hampton                                                                                 Effective:  October 17, 2007

Reappointment                                                                                                    Term:  October 14, 2010

 

Board of Architects

(Public Member)

Ty Gagne, Holderness                                                                                        Effective:  October 17, 2007

Succeeding:  Edward S. Kelly, Bedford                                                          Term:  September 9, 2012

 

Christa McAuliffe Planetarium Commission

Erle Pierce, Bow                                                                                                   Effective:  October 17, 2007

Reappointment                                                                                                    Term:  October 10, 2010

 

Dropout Prevention and Dropout Recovery Oversight Council

George A. Cushing, Milton                                                                                 Effective:  October 17, 2007

Reappointment                                                                                                    Term:  October 8, 2009

 

Economic Development Matching Grants Program

Nominated by the Commissioner of the Department of Resources and Economic Development

James T. McKim, Jr., Goffstown                                                                      Effective:  October 17, 2007

Succeeding:  Jennifer Quinlan, Portsmouth                                                    Term:  September 8, 2010

 

Equalization Standards Board

(Public Member)

Richard H. Rugg, Greenland                                                                             Effective:  October 17, 2007

Reappointment                                                                                                    Term:  September 19, 2010

 

Fish & Game Commission

(Coos County)

Theodore Tichy, Milan                                                                                       Effective: October 17, 2007

Reappointment                                                                                                    Term: June 29, 2012

 

Lakes Management Advisory Committee

(Member of a Conservation Commission)

Nominated by the New Hampshire Association of Conservation Commissions

Diane Hanley, Laconia                                                                                      Effective:  October 17, 2007

Succeeding:  Marsha Lavallee Huntoon, Wakefield                                    Term:  August 22, 2010

 

Advisory Committee on Marine Fisheries

Peter A. Whelan, Portsmouth                                                                            Effective:  October 17, 2007

Reappointment                                                                                                    Term:  September 29, 2010

 

Occupational Therapy Governing Board

(Public Member)

Barbara D. Richardson, Concord                                                                     Effective:  October 17, 2007

Succeeding:  Jeffrey D. Spill, Dunbarton                                                        Term:  August 18, 2010

 

Public Employee Labor Relations Board

(Labor)

E. Vincent Hall, Nashua                                                                                     Effective:  October 29, 2007

Reappointment                                                                                                    Term:  October 29, 2013

 

Public Water Access Advisory Board

(Power Boating)

Paul F. Blizzard, Laconia                                                                                   Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Public Water Access Advisory Board

(Governor’s Commission on Disability)

Cheryl L. Killam, Newton                                                                                  Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Public Water Access Advisory Board

(Fishing)

Richard D. Smith, Hancock                                                                              Effective:  October 27, 2007

Reappointment                                                                                                    Term:  October 27, 2010

 

Telecommunications Development and Advisory Commission

(Large Business Telecommunications User)

Nominated by the Commissioner of the Department of Resources and Economic Development

Jeffrey J. Rose, Manchester                                                                              Effective:  October 17, 2007

Reappointment                                                                                                    Term:  October 18, 2010

 

Warden: New Hampshire State Prison for Women

Nominated by the Commissioner of the Department of Corrections

Joanne Fortier, Bow                                                                                            Effective:  October 17, 2007

Vacancy                                                                                                                Term:  Serves at Commissioners pleasure

Salary:  FF (Max) $76,852.00

 

New Hampshire Water Well Board

(Public Member)

Christopher L. Covel, Lyndeborough                                                              Effective:  October 17, 2007

Reappointment                                                                                                    Term:  September 15, 2010

 

Advisory Council on Workers Compensation

(Representing Self-Funded Employers)

Jonathan G. Steiner, Bradford                                                                          Effective:  October 18, 2007

Reappointment                                                                                                    Term:  October 18, 2010

 

 

NOMINATIONS

The Governor placed into nomination the following:

 

Agricultural Lands Preservation Committee

Dwight E. Barney, Lee                                                                                        Effective:  Upon confirmation

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

 

Board of Chiropractic Examiners

(Public Member)

Laura Sheppard, Amherst                                                                                 Effective:  Upon confirmation

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

 

Consumer Advocate

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

Reappointment                                                                                                    Term:  November 5, 2011

Salary:  FF Maximum $76,852

 

Director: Division of Program Support – Department of Education

Nominated by the Commissioner of the Department of Education

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

Reappointment                                                                                                    Term:  November 8, 2011

 

Economic Development Matching Grants Program

Nominated by the New Hampshire Economic Developers Association

Kenneth G. Lurvey, Concord                                                                            Effective:  Upon confirmation

Vacancy                                                                                                                Term:  3 yrs from confirmation

 

Economic Development Matching Grants Program

Nominated by the New Hampshire Economic Developers Association

Elizabeth A. Thompson, Dover                                                                        Effective:  Upon confirmation

Vacancy                                                                                                                Term:  3 yrs from confirmation

 

Judicial Council

(Attorney)

Philip H. Utter, Exeter                                                                                         Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 18, 2010

 

New Hampshire Land & Community Heritage Authority

(Outdoor Recreation)

Julia Steed Mawson, Pelham                                                                            Effective:  Upon confirmation

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

 

Marital Master

Nominated by the Judge of the Judicial Branch Family Division

Henrietta W. Luneau, Hopkinton                                                                    Effective:  Upon confirmation

Vacancy                                                                                                                Term:  3 yrs from confirmation

 

Marital Mediator Certification Board

(Attorney)

Karen J. Borgstrom, Lyme                                                                                Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 11, 2010

 

Marital Mediator Certification Board

John D. Cameron, Gilford                                                                                  Effective:  Upon confirmation

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

 

Marital Mediator Certification Board

Ellen Dinerstein, Hancock                                                                                 Effective:  Upon confirmation

Reappointment                                                                                                    Term:  September 6, 2010

 

Board of Mental Health Practice

(Public Member) 

David J. Braiterman, Concord                                                                          Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 31, 2010

 

Board of Mental Health Practice

(Licensed Clinical Social Worker)

Sheila Renaud-Finnegan, Pembroke                                                               Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 31, 2010

 

Board of Natural Scientists

Craig A. Wood, Deerfield                                                                                   Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 26, 2012

 

Public Water Access Advisory Board

(Lakes Association)

Joseph B. Goodnough, Newbury                                                                      Effective:  Upon confirmation

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

 

Public Water Access Advisory Board

(Hunting)

Joseph A. Norton, Henniker                                                                              Effective:  Upon confirmation

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

 

Public Water Access Advisory Board

(Public Member – Chairman)

Thomas Quarles, Jr., Brookline                                                                         Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 27, 2010

 

Recreational Therapy Governing Board

Deborah Ann Robinson, Merrimack                                                               Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 25, 2010

 

Volunteer NH Board of Directors

(Community-Based Organization)

Paula J. Gregory, Milford                                                                                   Effective:  Upon confirmation

Reappointment                                                                                                    Term:  October 10, 2010

 

Wetlands Council

(Farm or Forest Landowner)

George W. Kimball, Center Sandwich                                                             Effective:  Upon confirmation

Vacancy                                                                                                                Term:  3 yrs from confirmation

 

State Commission on the Status of Women

Louise B. Graham, Wolfeboro                                                                          Effective:  Upon confirmation

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

 

State Commission on the Status of Women

Gyme D. Hardy, Concord                                                                                  Effective:  Upon confirmation

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

 

 

 

                                BUSINESS FINANCE AUTHORITY

#1           The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Pignatelli 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 benefit of Railroad Land Development, LLC in 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 ONOCTOBER 17, 2007

BERLIN MIDDLE SCHOOL, BERLIN, NEW HAMPSHIRE

 

*                              *                              *                              *                              *                              *                              *

 

                At approximately 11:00 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 Wieczorek 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 Shea.  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 AND RAILROAD LAND DEVELOPMENT, LLC

 

                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 (collectively the "Borrower") in the original principal amount of up to $840,000 to provide financing for site work and development of the former B&M Railroad property in 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 October 17, 2007.

 

 

 

 

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

 

 

EXTRACT FROM THE MINUTES OF THE MEETING OF THE

GOVERNOR AND COUNCIL HELD ON OCTOBER 17, 2007

BERLIN MIDDLE SCHOOL, BERLIN, NEW HAMPSHIRE

 

*                              *                              *                              *                              *                              *                              *

                At approximately 11:05 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 TD Banknorth to Resource Technical Services, 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 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 Wieczorek 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  BANK OF NEW HAMPSHIRE TO  RESOURCE TECHNICAL SERVICES, INC." and moved its adoption, which was seconded by Councilor Burton.  There being no discussion, the Governor called for a vote on the motion.  Those voting in favor were: The Governor and Councilor Burton, Councilor Shea, Councilor Hollingworth, Councilor Wieczorek, and Councilor Pignatelli;  those abstaining were Councilor (s):  None; and those voting against were Councilor(s):  None.  The Governor declared that the resolution was passed.

 

*                              *                              *                              *                              *                              *                              *             

 

 

 

A RESOLUTION UNDER RSA 162-A:18 AWARDING A STATE GUARANTEE

UNDER RSA 162-A:13-a WITH RESPECT TO A LOAN FROM

TD BANKNORTH TO  RESOURCE TECHNICAL SERVICES, 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 $250,000 from TD Banknorth to Resource Technical Services, Inc. pursuant to RSA 162-A:13-a (the Working Capital Loan Guarantee Program or the "WAG Program");

 

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

 

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

 

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

 

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

 

                NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:

 

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

 

                                (a)           Special Findings.

 

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

 

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

 

                                (b)           General Findings.

 

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

 

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

 

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

 

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

 

                2.             Approval.  The Governor and Council approve the Authority's taking such further action under the Act with respect to the award of the guarantee as may be required and 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 October 17, 2007.

 

 

 

 

                                COMMUNITY DEVELOPMENT FINANCE AUTHORITY

#3           The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to enter into an agreement with the County of Belknap, Laconia, NH, for the purpose of building the capacity of NH’s Regional Development Corporations in the amount of $220,000.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

 

                                OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

 

#4           Authorized to enter into a sole source contract with Rockingham Community Action Inc., Portsmouth, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $65,481.  (2)Further Authorized to advance to the vendor $11,787.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

#5           Authorized to enter into a sole source contract with the Southwestern Community Service Inc., Keene, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $63,207. (2)Further Authorized to advance to the vendor $11,377.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

#6           Authorized to enter into a sole source contract with the Tri-County Community Action Program Inc., Berlin, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $98,436. (2)Further Authorized to advance to the vendor $17,718.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

#7           Authorized to enter into a sole source contract with the Community Action Program of Belknap-Merrimack Counties Inc., Concord, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $83,125. (2)Further Authorized to advance to the vendor $14,963.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

#8           Authorized to enter into a sole source contract with the Southern NH Services Inc., Manchester, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $133,312. (2)Further Authorized to advance to the vendor $23,996.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

#9           Authorized to enter into a sole source contract with the Strafford County Community Action Committee Inc., Dover, NH, for the repair or replacement of malfunctioning heating systems in low-income households receiving Weatherization Services, in the amount of $56,439. (2)Further Authorized to advance to the vendor $10,159.  Effective October 17, 2007 through September 30, 2008.  100% Federal Funds. 

 

                                OFFICE OF INFORMATION TECHNOLOGY

The Governor and Council acted as follows:

 

#10         Authorized to reclassify position #16690, Computer Operator III, labor grade 16 ($28,372.50) to a Technical Support Specialist VI, labor grade 32 ($55,575).  100% Other Funds. 

 

#11         Authorized to enter into a retroactive sole source contract with Accu-Med Services LLC, Cincinnati, OH proprietary software maintenance services to sustain day-to-day operational needs of the Veterans Home, in the amount of $9,900.  Effective October 1, 2007 through September 30, 2010.  100% Other Funds. 

 

#11A      Authorized to enter into an Equipment Finance Agreement with Lake Sunapee Bank, Portsmouth, NH, for the purpose of financing the procurement and implementation of the NH Liquor Commission’s desktop computers, servers and storage systems that support their head quarters and disaster recovery systems, supplied by DELL Marketing L.P., Round Rock, TX, in the amount of $517,613.88.  Effective upon G&C approval through November 15, 2012.  100% Other Funds. 

 

                                OFFICE OF THE A