GOVERNOR AND EXECUTIVE COUNCIL MINUTES
The Governor and Executive Council convened at
The Governor and Executive Council on motion of Councilor Spaulding,
seconded by Councilor Wieczorek, accepted the minutes
of
The Governor and Executive Council, on motion of Councilor Pignatelli, seconded by Councilor Wieczorek
approved the appointment of several persons nominated for Civil Commissions
from the
The Governor placed in nomination the several persons who applied for Civil Commissions.
The Following state representative-elect was sworn into office by the Governor and Executive Council:
Christopher C. Coates, d, Keene (
The Governor and Executive Council issued a precept calling for a special election to fill the vacancy for state representative in Grafton County District 6. (Campton, Ellsworth, Orford, Rumney, Wentworth)
The filing period will be from
The primary election will be held on
The Special election will be held on
RESIGNATIONS
The Governor and Council accepted the following with regret:
Poet
Laureate
Cynthia
Huntington, Post Mills, VT Effective:
Upon Acceptance
William
M. Grimm,
CONFIRMATIONS
The Governor and
Council confirmed the following:
Board
of Accountancy
(Public
Accountant)
Owen
H. Walton, Jr.,
Succeeding:
Leon Owen,
Air
Resources Council
(Manufacturing)
Steven
Walker,
Succeeding:
Muriel Lajoie,
Advisory
Panel on Cancer and Chronic Diseases
(
Judith
E. Rocchio, Hanover Effective:
Succeeding:
Joseph O’Donnell,
Dropout
Prevention and Dropout Recovery Oversight Council
(Public
Member)
Kelly
A. Clark, Webster Effective:
Succeeding:
Scott Andersen,
Dropout
Prevention and Dropout Recovery Oversight Council
George
A. Cushing,
Reappointment Term:
Department
of Education: Deputy Commissioner
Mary
Heath,
Vacancy Term:
Salary:
II, Step 4 $86,368
Lakes
Management Advisory Board
(Member
of Fish & Game Commission)
Mitch
Kalter,
Succeeding:
Sharon Guaraldi,
NH
Land and Community Heritage Authority
(Business)
Craig
Welch,
Succeeding:
Jameson French,
Marital
Mediator Certification Board
(Public
Member)
Donald
F. Dickey,
Succeeding:
C. Scott Moffett, Glen (resigned) Term:
Board
of Mental Health Practice
Joan
S. Haley, New
Reappointment Term:
NH
Real Estate Commission
(Public
Member)
Pauline
Ikawa,
Reappointment Term:
Residential
Ratepayers Advisory Board
(Represents
interests of persons of low income)
Reappointment Term:
Residential
Ratepayers Advisory Board
(Represents
interests of residents of low income housing)
Otis
Perry,
Reappointment Term:
Department
of Revenue Administration: Assistant Commissioner
Nominated
by the Commissioner of the Department of Revenue Administration
Margaret
L. Fulton, Bedford Effective:
Vacancy Term:
Salary:
HH, Step 4, $81,622
Department
of Revenue Administration: Assistant Commissioner
Nominated
by the Commissioner of the Department of Revenue Administration
Margaret
L. Fulton, Bedford Effective:
Salary:
HH, Step 4, $81,622 Term:
Commission
to
(Cultural
Resources)
John
W. Merkle,
Vacancy Term:
Transportation
Appeals Board
(Alternate/Professional
Engineer)
Todd
D. Connors,
Vacancy Term:
NOMINATIONS
The Governor placed into nomination the following:
State
Committee on Aging
(
Sean
Lyon, i,
Succeeding:
Irene Gavin,
Alcohol
and Drug Prevention, Intervention and Treatment Commission
(Drug
Abuse Treatment)
Joseph
Diament, Newfields Effective:
Upon Confirmation
Succeeding:
David Charlesworth,
Alcohol
and Drug Prevention, Intervention and Treatment Commission
(Drug
Abuse Prevention)
Alan
Robichaud, Belmont Effective:
Upon Confirmation
Succeeding:
William Butynski,
Fire
Standards and Training Commission
Nominated
by the NH Association of Fire Cheifs
Michael
Williams, Hooksett Effective:
Upon Confirmation
Succeeding:
Ronald P. O’Keefe, Lee (no longer a full-time fire chief) Term:
Fire
Standards and Training Commission
Nominated
by the Fire Instructors and Officers Association of NH
Stephen
M. Carrier, Gilford Effective:
Upon Confirmation
Reappointment Term:
(Environmental
Organization)
Wendell
M. Lees, Kearsarge Effective:
Upon Confirmation
Vacancy Term:
3 yrs from confirmation
State
Radiation Advisory Committee
(Life
Science)
Richard
A. Fralick, Ph. D.,
Reappointment Term:
State
Radiation Advisory Committee
(Physical
Science)
James
P. Tarzia,
Reappointment Term:
Real
Estate Appraisers Board
(Real
Estate Appraiser)
Steven
H. Berg,
Reappointment Term:
Real
Estate Appraisers Board
(Public
Member)
Sally
Sullivan,
Reappointment Term:
Rivers
Management Advisory Committee
(Representative
of Fish & Game Commission) Effective:
Upon Confirmation
Walter
A. Morse,
Succeeding:
James J. Jones,
Waste
Management Council
(Professor
of Environmental Science in Sanitary Engineering)
Nancy
E. Kinner, Ph.D., Lee Effective:
Reappointment Term:
Waste
Management Council
(Municipal
Public Works Field)
Carl
L. Quiram, PE., Goffstown Effective:
Upon Confirmation
Reappointment Term:
State
Commission on the Status of Women
Laurie
L. Chandler,
Reappointment Term:
State
Commission on the Status of Women
Valerie
Cunningham,
Succeeding:
Phyllis K. Abel,
State
Commission on the Status of Women
Sylvia
E. Gale,
Succeeding:
Mary Gillette,
State
Commission on the Status of Women
Lillye Ramos-Spooner,
Reappointment Term:
BUSINESS FINANCE
AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Pignatelli,
seconded by Councilor Wieczorek and further on a roll
call vote as follows: Councilor Burton – yes, Councilor Spaulding – yes,
Councilor Griffin – 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 Vision Financial
Corporation located 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 ON
* * * * * *
At approximately
* * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING A LOAN
UNDER RSA
162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF
THE STATE OF
WHEREAS, the Governor and Council (the "Governor
and Council") of the State of New Hampshire (the "State") have
received from the Business Finance Authority of the State of New Hampshire (the
"Authority") its written recommendation that the Governor and Council
make certain findings and determinations pursuant to RSA 162-A:18 with respect
to a loan by the Authority to Monadnock Economic
Development Corporation (the "Borrower") in the original principal
amount of up to $125,000 to provide financing to assist the Borrower in
obtaining $500,000 in funding from the Rural Development Intermediary
Re-lending Program to be used to lend to area businesses.(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
#2 The
Governor and Executive Council on motion of Councilor Spaulding, seconded by
Councilor Burton and further on a roll call vote as follows: Councilor Burton –
yes, Councilor Spaulding – yes, Councilor Griffin – 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 with respect to a
loan from Merrimack County Savings Bank to Wickwood
Shores, LLC in Concord, 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
* * * * * *
At approximately 11:27 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 Merrimack County Savings Bank to Wickwood Shores, L.L.C.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 Spaulding 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 WICKWOOD
SHORES, L.L.C." and moved its adoption, which was seconded by Councilor
Burton. There being no discussion, the
Governor called for a vote on the motion.
Those voting in favor were: The Governor and Councilor Burton, Councilor
Spaulding, Councilor Griffin, Councilor 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
WITH RESPECT
TO A LOAN FROM
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 sixty percent (60%) of the principal amount of a loan up to
$1,000,000 from Merrimack County Savings Bank to Wickwood
Shores, L.L.C. pursuant to RSA 162-A:13 (the Guaranteed Asset Program or the
"GAP Program");
WHEREAS, the proposed guarantee
would require the pledge of the full faith and credit of the Authority in an
amount not to exceed sixty percent (60%) 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 insure 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
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
#3 The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin authorized the request under the Community Development Block Grant Program to amend an agreement with the Towns of Conway, Madison, and Albany, NH, (previously approved by G&C on 10-20-04), for the purpose of constructing a technology and training center in Conway, to be known as the Mount Washington Valley Technology Village, by increasing the price limitation by $430,000 for a new total of $860,000. 100% Federal Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#4 Authorized Michael A. Jacques,
#5 Authorized Andrew A. Bevington,
#6 Authorized to enter into a contract with Pinnacle Mapping
Technologies, Inc.,
DEPARTMENT OF REVENUE ADMINISTRATION
#7 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Griffin authorized the request to reclassify position #14493, Tax Auditor II, Labor Grade 19, step one ($29,737.50), to Supervisor II, Labor Grade 21, step one, ($32,370) in the Administration Division.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#8 Authorized to accept and place on file a list of agency transfers Authorized for Fiscal Year 2006 during the month of September.
#9 Authorized to waive $21,552.88 of a recoverable lien of
$26,552.88 to Leamon Hirtle
in accordance with the consented to petition as detailed in letter dated
#10 Authorized to enter into a low bid contract with Granite
Bay Development Inc., d/b/a Goguen Construction
Company of
TREASURY DEPARTMENT
#11 The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $5,424.18 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:
#12 Authorized Division of Historical Resources, to accept and expend funds totaling $12,000, of which $7,740.98 are carried forward from FY05. The balance of $4,259.02 is anticipated to be earned through donations to the State Conservation and Rescue Archaeology Program received during State Fiscal Year 2006. 100% Other Funds.
#13 Authorized Division of Arts to award Art Links Grants
totaling $7,500 to the organizations as detailed in letter dated
#14 Authorized Division of Arts to award Individual Artist
Fellowship Awards in the amount of $30,000 as detailed in letter dated
ATTORNEY GENERAL
The Governor and Council acted as follows:
#15 Authorized to appoint Dianne H. Martin as an Assistant
Attorney General, at a salary level of $47,290.10. Ms. Martin will be occupying a position with
a five year term that expires
#16 Authorized to reappoint Jeffrey S. Cahill, as an Assistant Attorney General for a five year term effective retroactive to September 30, 2005 through September 30, 2010.
#17 Authorized to reappoint Ann M. Rice as an Assistant
Attorney General for a five year term effective retroactive to
#18 Authorized to reappoint Philip B. Bradley as an Assistant
Attorney General for a term effective retroactive
to
#19 Authorized to accept and expend a grant in the amount of
$25,543.58 from the Office of the US Attorney for the District of NH, to be
utilized to support a drug enforcement officer position with the NH Drug Task
Force. Effective retroactive to
#20 Authorized to accept and expend a grant in the amount of
$49,836 from the Federal Bureau of Justice Assistance to be utilized to
initiate a planning process in support of the development of a prescription
drug monitoring program in NH. Effective upon G&C approval through
NH COMMISSION FOR HUMAN RIGHTS
#21 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Pignatelli authorized the request to accept and place on file the 2004-2005 Biennial Report.
PUBLIC UTILITIES COMMISSION
The Governor and Council acted as follows:
#22 Authorized to accept a gift on behalf of the State from the Association of State Drinking Water Administrators in an amount not to exceed $1,000 for travel expenses for Marcia Thunberg, Hearings Examiner, to travel to Colorado Springs, CO, on October 30, 2005 through November 2, 2005 to attend The 3rd National Drinking Water Symposium and National Association of Water Companies annual conference.
#23 Authorized to accept and place on file the Biennial Report
for the period ending
LIQUOR COMMISSION
The Governor and Council acted as follows:
#24 Authorized to enter into a contract with Durell Paving Inc.,
#25 Authorized to amend a contract with Thermal Stor Refrigeration Inc., Hooksett, NH, (previously approved by G&C on 2-19-03, item #47, amended on 4-7-04, item #29, amended on 1-26-05, item #20), for additional requirements to the existing contract, by increasing the amount from #117,937.50 to $223,247.50, and increase of $105,310, and by extending the date through December 31, 2007. 100% General Funds.
DEPARTMENT OF CORRECTIONS
#26 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding authorized the request to reclassify position #41466, Corrections Counselor/Case Manager, A130, LG 20 to Clinical Mental Health Counselor, A000, LG 21. Effective upon G&C approval.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#27 Authorized Division of Parks and Recreation to accept donations in the amount of $600 the memory of Albert Cuccinello. The donation will be deposited into the State Park Fund. 100% Other Funds.
#28 Authorized Design, Development, and Maintenance to contract
with Webber Masonry & Tile, North Stoddard, NH, for the stone and masonry
repairs at the Daniel Webster Homestead, on the basis of a low bid of
$12,104.52. Effective
upon G&C approval through
#29 Authorized Division of Forests and Lands to accept a gift of 19.38 acres of undeveloped forestland from James Palmer, Carol Palmer and Paul Crimmins, to be annexed to Scribner-Fellows State Forest, in New Hampton, NH.
#30 Authorized Division of Forests and
Lands to accept and expend federal funds from Nursery and Tree Improvements in
the amount of $5,000. Effective
upon G&C approval through
FISH AND GAME DEPARTMENT
#31 The Governor and Council on motion of Councilor Spaulding,
seconded by Councilor Wieczorek authorized the
request to enter into a sole source contract
with Gundalow Company, Portsmouth, NH, for the
purpose of conducting fall school programs with the vessel at the Sandy Point
Discovery Center, in the amount of $10,000.
Effective upon G&C approval through
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#32 Authorized to reclassify position #42218, Air Pollution Technician II, Labor Grade 17, to an Environmentalist II, Labor Grade 19. Effective upon G&C approval. 100% Other Funds.
#33 Authorized to accept and expend $15,766 in federal flow
through funds from the Department of Safety for the purpose of purchasing
equipment and materials for responding to terrorist incidents. Effective upon G&C
approval through
#34 Authorized to enter into contracts with the vendors as
detailed in letter dated
#35 Authorized to amend a sole
source contract with Camp, Dresser & McKee, Inc.,
#36 Authorized to award Household Hazardous Waste grants to the
Town of
#37 Authorized to award a Local Source Water Protection grant
to the Town of
#38 Authorized to enter into a grant
agreement with the Town of
#39 Authorized to approve and Original Loan Agreement with the Town of Jaffrey, NH, to finance water system improvements in the amount of $850,000. Effective upon G&C approval. 100% Other Funds.
#40 Authorized Susan Thoresen Revocable Trust’s request to add to an existing L-shaped breakwater with a gap at the shoreline and a cantilevered dock to a cantilevered dock on frontage on property located at Lake Winnipesaukee in Alton.
#41 Authorized Ross Realty Trust’s request to remove sand from existing beach and place new sand over beach to replenish and to construct a seasonal docking facility adjacent to the beach on property located at Rand Pond in Goshen.
#42 Authorized Kevin Kelly’s request to remove three navigational hazard rocks and dredge out to maintain safe access to the existing dug-in boat house on frontage on property located at Lake Winnipesaukee in Moultonborough.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
#43 Authorized to make a single payment of $10,000 to the NH
Dental Society of Concord, NH, to provide comprehensive support and treatment
services for oral health care for elderly and adult disabled persons. Effective upon G&C
approval through
Office of Business Operations
#44 Authorized to amend an existing agreement with Northeast Record Retention LLC, Hooksett, NH, (previously approved by G&C on 3-6-02, item #63), by increasing the total amount by $113,917.09 from $96,624.35 to $210,541.44. 42% Federal, 58% General Funds.
Division of Public Health Services
#45 Authorized Alcohol &