GOVERNOR AND
EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive
Council convened at
The Governor and Executive Council on motion of Councilor Burton,
seconded by Councilor Wieczorek, accepted the minutes
of
The Governor and Executive
Council, on motion of Councilor Burton, seconded by Councilor Wieczorek approved the appointment of several persons
nominated for Civil Commissions from the
The Governor placed in nomination the several persons who applied for Civil Commissions.
RESIGNATIONS
NH
Land and Community Heritage Authority
(Cultural and
Historic Resources)
Thomas
S. Burack, Hopkinton Effective:
John
R. Maher,
CONFIRMATIONS
The Governor and Council confirmed the following:
State
Committee on Aging – Councilor Burtion and Councilor Wieczorek voted no.
(
Jack
Liberman, (i),
Succeeding:
Mendon MacDonald, Gilford Term:
Department
of Employment Security: Appellate Board
(Business
Management)
Joanne
Dobson,
Reappointment Term:
Department
of Employment Security: Appellate Board
(Public
Member)
Margaret
Ives,
Reappointment Term:
Board
of Architects
Richard
M. Monahon, Jr.,
Succeeding: Donald R. Lavallee,
Emergency
Shelter and Homeless Coordination Commission
Roger
R. Beauchamp,
Succeeding: Helen C. Cohen, Kensington Term:
Emergency
Shelter and Homeless Coordination Commission
Lance
dePlante, New Ipswich Effective:
Succeeding: Patricia E. Howe,
Executive
Branch Ethics Committee
Nominated
by the Secretary of State
Dale
S. Kuehne, (r), Manchester Effective:
Vacancy Term:
Executive
Branch Ethics Committee
Nominated
by the Secretary of State
David
L. Nixon, (d),
Vacancy Term:
Executive
Branch Ethics Committee
Nominated
by the State Treasurer
L.
Douglas O’Brien (r), Bow Effective:
Vacancy Term:
Executive
Branch Ethics Committee
Nominated
by the State Treasurer
Patricia
B. Quigley, (d),
Vacancy Term:
Judicial
Council
(NH
Bar Association Member)
Joseph
M. McDonough,
Reappointment Term:
NH
Land and Community Heritage Authority
(Natural
Resources)
Jack
Bronnenberg, Strafford Effective:
Vacancy Term:
NH
Land and Community Heritage Authority
(Local
Planning)
William
Norton,
Succeeding: A. Bradford Wyman,
NH
Land and Community Heritage Authority
(Municipal)
H.
Charles Royce, Jaffrey Effective:
Succeeding: Elizabeth D. Hengen,
Marital
Mediator Certification Board
(Attorney)
Karen
J. Borgstrom, Lyme Effective:
Reappointment Term:
Marital
Mediator Certification Board
Nominated
by the NH Conflict Resolution Association
Honey
Reappointment Term:
New
Motor Vehicle Arbitration Board
(Representing
Consumers)
Clarence
E. Bourassa, Bow Effective:
Reappointment Term:
Pharmacy
Board
(Public
Member)
Reappointment Term:
State
Board of Licensing & Regulation of Plumbers
Richard
J. Zannini, Hampton Effective:
Succeeding: James Varotsis,
Public
Water Access Advisory Board
Allen
K. MacNeil,
Reappointment Term:
Recreational
Therapy Governing Board
Sharon
Nichols,
Vacancy Term:
Recreational
Therapy Governing Board
(Public
Member)
Michael
Pagan, Sanbornville Effective:
Vacancy Term:
Recreational
Therapy Governing Board
Lou
G. Powell, Strafford Effective:
Vacancy Term:
Recreational
Therapy Governing Board
Deborah
Ann Robinson,
Vacancy Term:
Board
of Managers of the NH Veterans’ Home
(Member
of a recognized and chartered Veterans Service Organization)
Anthony
J. Romano, Jr., New Hampton Effective:
Reappointment Term:
Board
of Veterinary Medicine
(Public
Member)
Susan
C. Flint, Henniker Effective:
Succeeding: Elaine S. Forst, Henniker (reached term
limit) Term:
NH
Water Well Board
(Water
Well Contractor)
Jeffrey
M. Tasker, Northwood Effective:
Reappointment Term:
NOMINATIONS
The Governor placed into
nomination the following:
Agricultural
Lands Preservation Committee
Ruth
I. Clough, Elkins Effective: Upon
confirmation
Reappointment Term:
Department
of Employment Security Appellate Board
(Attorney
- Vice Chair)
Heather
E. Krans, Exeter Effective: Upon
confirmation
Succeeding: Scott McGuffin,
Department
of Employment Security Appellate Board
(Attorney
– Chair)
Thomas
P. Mullins,
Reappointment Term:
NH
State Council on the Arts
Richard
Ayers, Sanbornton Effective: Upon
confirmation
Reappointment Term:
NH
State Council on the Arts
Jacqueline
R. Kahle,
Reappointment Term:
NH
State Council on the Arts
Peter
J. McLaughlin, Hanover Effective: Upon
confirmation
Reappointment Term:
NH
State Council on the Arts
Edra
Toth, Farmington Effective: Upon
confirmation
Vacancy Term:
Compensation
Appeals Board
(Attorney)
Thomas
G. Cooper, Concord Effective: Upon
confirmation
Vacancy Term:
Electricians’
Board
Dennis
S. Hager, Concord Effective: Upon
confirmation
Succeeding: Joan M. Delorie, Pembroke (reached term
limit) Term:
Emergency
Shelter and Homeless Coordination Commission
(Business
and Industry)
Ruth
E. Franks, Grantham Effective: Upon
confirmation
Succeeding: Harold Acres,
Fire
Standards and Training Commission
Nominated
by the Associated Firefighters of NH-International Association
David
R. Duquette, Somersworth Effective: Upon
confirmation
Reappointment Term:
Board
of Licensure of Interpreters for the Deaf and Hard of Hearing
Nominated
by the NH Association of the Deaf
Michael
Schock, Rollinsford Effective: Upon
confirmation
Succeeding:
Joan E. Case, Weare Term:
NH
Land and Community Heritage Authority
(Cultural
and Historic Resources)
Edward
J. McLear, Meredith Effective: Upon
confirmation
Succeeding: Thomas S. Burack, Hopkinton (resigned) Term:
Board
of Mental Health Practice
(Psychologist)
Karen
Jennings, Hudson Effective: Upon
confirmation
Reappointment Term:
Board
of Nursing
(LPN)
Sharon
Dyer, Greenfield Effective: Upon
confirmation
Reappointment Term:
Passenger
Tramway Safety Board
(Cable
Lift)
Robert
Hoyt,
Reappointment Term:
Pre-Engineering
Technology Advisory Council
(Public
Member)
Brenda
K. Quinn, Manchester Effective: Upon
confirmation
Reappointment Term:
Rivers
Management Advisory Committee
(Rep.
Fish & Game Commission)
Walter
A. Morse, Hillsborough Effective: Upon
confirmation
Reappointment Term:
Volunteer
NH Board of Directors
(Community-based
Organization)
Donald
E. Chesnel, Rochester Effective: Upon
confirmation
Reappointment Term:
Volunteer
NH Board of Directors
(Postsecondary
Education)
Paula
J. Gregory, Milford Effective: Upon
confirmation
Succeeding: Kathleen Moulis,
Volunteer
NH Board of Directors
Kyle
MacDonald, Manchester Effective: Upon
confirmation
Vacancy Term: 3 yrs from confirmation
Water
Resources Council
A.
Bradford Wyman, Dummer Effective: Upon confirmation
Reappointment Term:
Wetlands
Council
Nominated
by the NH Association of Natural Resource Scientists
Lawrence
Morse, Newmarket Effective: Upon
confirmation
Reappointment Term:
State
Commission on the Status of Women
Marilyn
T. Mahoney, Goffstown Effective: Upon
confirmation
Succeeding: Ronna F. Wise, Contoocook Term:
Advisory
Council on Workers Compensation
(Labor)
Denis
R. Beaudoin, Sr., Pittsfield Effective: Upon
confirmation
Succeeding:
Richard N. Joy,
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Griffin, 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 with respect to the
financing of a commercial facility by the Business Finance Authority for The
Mark H. Wentworth Home located in
EXTRACT FROM THE MINUTES OF
THE MEETING OF THE
GOVERNOR AND COUNCIL HELD ON
IN THE COUNCIL
CHAMBER, STATE HOUSE,
* * *
* * * *
At
* * *
* * * *
A
RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE
FINANCING
OF
A COMMERCIAL FACILITY BY THE BUSINESS FINANCE
AUTHORITY
FOR THE MARK H. WENTWORTH HOME
IN
WHEREAS, the Governor and Council have
received from the Business Finance Authority (the “Authority”) its written
recommendation that the Governor and Council make certain findings and a
determination pursuant to RSA 162-I:9 with respect to the financing and
refinancing of commercial facilities (the “Facility”) for the Mark H. Wentworth
Home (also known as Wentworth Home) (the “Borrower”) in Portsmouth by the
Authority’s issue of Revenue Bonds (The Mark H. Wentworth Home Issue)
Series 2006 (the “Bonds”) in an aggregate amount not to exceed $14,200,000
under RSA 162-I (the “Act”);
WHEREAS, the Governor and Council have
received all the documentation and information with respect to the transaction
which they have requested; and
WHEREAS, further action by the Authority
with respect to the transaction is subject to the passage of this resolution
and cannot be taken until after its passage;
IT IS HEREBY RESOLVED THAT:
Section 1. Findings. On
the basis of the Authority’s recommendation and the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special
findings:
(1) The Bonds will be used to finance and refinance certain projects to be owned
or leased and operated by the Mark H. Wentworth Home (also known as Wentworth
Home) (the “Borrower”) and located on the Borrower’s approximately 1 acre
campuses at 346 Pleasant Street, Portsmouth, New Hampshire consisting of three
main buildings, which include 99 beds and provides services for nursing and
assisted living residents. The project
includes: (i) renovation and equipping of the
approximately 6,450 square foot 1700s mansion; (ii) renovation, addition,
equipping and construction of the approximately 13,250 square foot 1927 manor
building; (iii) and renovation, addition, equipping and construction of an
approximately 43,080 square feet in the 1987 building, for a total of
approximately 62,780 square feet; (iv) additional site work including
renovations to parking facilities and construction of an entrance for delivery
and ambulatory services; (v) refinancing of an existing mortgage associated
with the 1987 building; (vi) payment of related costs, including working
capital and capitalized interest; and (vii) payment of certain costs of
issuance, a reserve fund and credit enhancement. The projects for
the commercial facilities are referred to as the “Project.” The existing and proposed facilities as to be
improved are referred to as the “Facility.”
The Project is a “commercial facility” within the meaning of RSA 162-I:2, III-a (the “Act”) and may therefore be financed under
the Act.
(2) The operation of
the Facility will preserve employment opportunities directly and indirectly
within the State of
(b) General
findings:
(1) The Project and
the proposed financing and refinancing of the Project are feasible;
(2) The Borrower has
the skills and financial resources necessary to operate the Facility
successfully;
(3) The LOAN AND TRUST
AGREEMENT for the Bonds (is a combined financing document and security
document, hereinafter called the “Agreement”) contains provisions so that under
no circumstances will the Authority be obligated directly or indirectly to pay
project costs, debt service or expenses of operation, maintenance and upkeep of
the Facility except from Bond proceeds or from funds received under the
Agreement, exclusive of funds received thereunder by
the Authority for its own use;
(4) The Agreement does
not purport to create any debt of the State with respect to the Facility, other
than a special obligation of the Authority acting on behalf of the State under
the Act; and
(5) The proposed financing
of the Project by the Authority and the operation and use of the Facility will
serve one or more needs and implement one or more purposes set forth in RSA
162-I: 1, will preserve or increase the social or economic prosperity of the
State and one or more of its political subdivisions, and will promote the
general welfare of the State’s citizens.
Section 2. Ultimate Finding and Determination. The Governor and Council find that the
proposed financing, operation and use of the Facility will serve a public use
and provide a public benefit, and the Governor and Council determine that the
Authority’s financing of the Project will be within the policy of, and the
authority conferred by, the Act.
Section 3. Approval. The
Governor and Council approve the Authority’s taking such further action under
the Act with respect to the transaction as may be required.
Section 4. Effective
Date. This resolution shall
take effect upon its passage.
Passed and Agreed to
#2 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 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-a with respect to a loan from TD Banknorth
and Aviation Technology, Inc. in Manchester, 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
COUNCIL
CHAMBER,
* * * * * *
At approximately 10:55 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 Aviation Technology, Inc. and declared that
the public hearing on the subject had commenced. He said that he and the members of the
Council had received written material from the Authority with respect to the
proposed loans and State guarantee. The
Governor then said that the meeting would hear anyone wishing to speak on the
subject and introduced Jack Donovan, Executive Director of the Authority who
briefly explained the project. 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 TD
BANKNORTH TO AVIATION TECHNOLOGY,
INC." and moved its adoption, which was seconded by Councilor Pignatelli. 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-a
WITH RESPECT
TO A LOAN FROM
TD BANKNORTH
TO
AVIATION
TECHNOLOGY, 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 $400,000 from TD Banknorth to
Aviation Technology, 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: