GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

                                                                                October 25, 2006, 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 Burton, seconded by Councilor Wieczorek, accepted the minutes of October 11, 2006.

 

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 October 11, 2006 meeting.

 

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:  October 31, 2006

 

Rockingham County Probate Judge

John R. Maher, Portsmouth                                                                               Effective:  January 1, 2007

 

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

State Committee on Aging – Councilor Burtion and Councilor Wieczorek voted no.

(Sullivan County)

Jack Liberman, (i), Newport                                                                                Effective: October 25, 2006

Succeeding: Mendon MacDonald, Gilford                                                      Term: June 24, 2009

 

Department of Employment Security: Appellate Board

(Business Management)

Joanne Dobson, Laconia                                                                                    Effective:  October 25, 2006

Reappointment                                                                                                     Term:  October 14, 2010

 

Department of Employment Security: Appellate Board

(Public Member)

Margaret Ives, Derry                                                                                           Effective:  October 25, 2006

Reappointment                                                                                                     Term:  October 14, 2010

 

Board of Architects

Richard M. Monahon, Jr., Peterborough                                                         Effective:  October 25, 2006

Succeeding:  Donald R. Lavallee, Hampton (reached term limit)  Term:  September 9, 2011

 

Emergency Shelter and Homeless Coordination Commission

Roger R. Beauchamp, Manchester                                                                    Effective:  October 25, 2006

Succeeding:  Helen C. Cohen, Kensington                                                      Term:  August 26, 2008

 

Emergency Shelter and Homeless Coordination Commission

Lance dePlante, New Ipswich                                                                            Effective:  October 25, 2006

Succeeding:  Patricia E. Howe, Franklin                                                           Term:  August 26, 2008

 

Executive Branch Ethics Committee

Nominated by the Secretary of State

Dale S. Kuehne, (r), Manchester                                                                       Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  June 30, 2009

 

Executive Branch Ethics Committee

Nominated by the Secretary of State

David L. Nixon, (d), Manchester                                                                       Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  June 30, 2008

 

Executive Branch Ethics Committee

Nominated by the State Treasurer

L. Douglas O’Brien (r), Bow                                                                               Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  June 30, 2008

 

Executive Branch Ethics Committee

Nominated by the State Treasurer

Patricia B. Quigley, (d), Concord                                                                       Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  June 30, 2007

 

Judicial Council

(NH Bar Association Member)

Joseph M. McDonough, Manchester                                                              Effective:  October 25, 2006

Reappointment                                                                                                     Term:  October 18, 2009

 

NH Land and Community Heritage Authority

(Natural Resources)

Jack Bronnenberg, Strafford                                                                              Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  September 6, 2007

 

NH Land and Community Heritage Authority

(Local Planning)

William Norton, Concord                                                                                    Effective:  October 25, 2006

Succeeding:  A. Bradford Wyman, West Dummer                                         Term:  September 6, 2010

 

NH Land and Community Heritage Authority

(Municipal)

H. Charles Royce, Jaffrey                                                                                   Effective:  October 25, 2006

Succeeding:  Elizabeth D. Hengen, Concord                                                   Term:  September 6, 2010

 

Marital Mediator Certification Board

(Attorney)

Karen J. Borgstrom, Lyme                                                                                  Effective:  October 25, 2006

Reappointment                                                                                                     Term:  October 11, 2007

 

Marital Mediator Certification Board

Nominated by the NH Conflict Resolution Association

Honey Hastings, Temple                                                                                    Effective:  October 25, 2006

Reappointment                                                                                                     Term:  November 21, 2008

 

New Motor Vehicle Arbitration Board

(Representing Consumers)

Clarence E. Bourassa, Bow                                                                                 Effective:  October 25, 2006

Reappointment                                                                                                     Term:  August 28, 2009

 

Pharmacy Board

(Public Member)

Sandra B. Keans, Rochester                                                                               Effective:  October 25, 2006

Reappointment                                                                                                     Term:  October 14, 2011

 

State Board of Licensing & Regulation of Plumbers

Richard J. Zannini, Hampton                                                                              Effective:  October 28, 2006

Succeeding:  James Varotsis, Portsmouth (reached term limit)                     Term:  October 28, 2011

 

Public Water Access Advisory Board

Allen K. MacNeil, Plymouth                                                                              Effective:  October 27, 2006

Reappointment                                                                                                     Term:  October 27, 2009

 

Recreational Therapy Governing Board

Sharon Nichols, Portsmouth                                                                              Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  October 25, 2009

 

Recreational Therapy Governing Board

(Public Member)

Michael Pagan, Sanbornville                                                                             Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  October 25, 2009

 

Recreational Therapy Governing Board

Lou G. Powell, Strafford                                                                                      Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  October 25, 2008

 

Recreational Therapy Governing Board

Deborah Ann Robinson, Merrimack                                                                 Effective:  October 25, 2006

Vacancy                                                                                                                 Term:  October 25, 2007

 

Board of Managers of the NH Veterans’ Home

(Member of a recognized and chartered Veterans Service Organization)

Anthony J. Romano, Jr., New Hampton                                                           Effective:  October 25, 2006

Reappointment                                                                                                     Term:  August 26, 2009

 

Board of Veterinary Medicine

(Public Member)

Susan C. Flint, Henniker                                                                                     Effective:  October 25, 2006

Succeeding:  Elaine S. Forst, Henniker (reached term limit)                          Term:  October 14, 2011

 

NH Water Well Board

(Water Well Contractor)

Jeffrey M. Tasker, Northwood                                                                           Effective:  October 25, 2006

Reappointment                                                                                                     Term:  September 15, 2009

 

NOMINATIONS

The Governor placed into nomination the following:

 

Agricultural Lands Preservation Committee

Ruth I. Clough, Elkins                                                                                         Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 10, 2009

 

Department of Employment Security Appellate Board

(Attorney - Vice Chair)

Heather E. Krans, Exeter                                                                                     Effective:  Upon confirmation

Succeeding:  Scott McGuffin, Northfield (reached term limit)                      Term:  November 21, 2008

 

Department of Employment Security Appellate Board

(Attorney – Chair)

Thomas P. Mullins, Greenfield                                                                           Effective:  November 21, 2006

Reappointment                                                                                                     Term:  November 21, 2010

 

NH State Council on the Arts

Richard Ayers, Sanbornton                                                                               Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 10, 2011

 

NH State Council on the Arts

Jacqueline R. Kahle, Wilton                                                                               Effective:  November 23, 2006

Reappointment                                                                                                     Term:  November 23, 2011

 

NH State Council on the Arts

Peter J. McLaughlin, Hanover                                                                           Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 28, 2011

 

NH State Council on the Arts

Edra Toth, Farmington                                                                                        Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  October 28, 2011

 

Compensation Appeals Board

(Attorney)

Thomas G. Cooper, Concord                                                                              Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  August 18, 2007

 

Electricians’ Board

Dennis S. Hager, Concord                                                                                  Effective:  Upon confirmation

Succeeding:  Joan M. Delorie, Pembroke (reached term limit)                      Term:  August 26, 2011

 

Emergency Shelter and Homeless Coordination Commission

(Business and Industry)

Ruth E. Franks, Grantham                                                                                   Effective:  Upon confirmation

Succeeding:  Harold Acres, Nashua                                                                 Term:  August 26, 2008

 

Fire Standards and Training Commission

Nominated by the Associated Firefighters of NH-International Association

David R. Duquette, Somersworth                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 12, 2009

 

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:  October 10, 2009

 

NH Land and Community Heritage Authority

(Cultural and Historic Resources)

Edward J. McLear, Meredith                                                                              Effective:  Upon confirmation

Succeeding:  Thomas S. Burack, Hopkinton (resigned)                                Term:  September 6, 2008

 

Board of Mental Health Practice

(Psychologist)

Karen Jennings, Hudson                                                                                    Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 31, 2009

 

Board of Nursing

(LPN)

Sharon Dyer, Greenfield                                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  November 16, 2009

 

Passenger Tramway Safety Board

(Cable Lift)

Robert Hoyt, Madison                                                                                        Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 20, 2010

 

Pre-Engineering Technology Advisory Council

(Public Member)

Brenda K. Quinn, Manchester                                                                           Effective:  Upon confirmation

Reappointment                                                                                                     Term:  September 4, 2008

 

Rivers Management Advisory Committee

(Rep. Fish & Game Commission)

Walter A. Morse, Hillsborough                                                                         Effective:  Upon confirmation

Reappointment                                                                                                     Term:  September 28, 2009

 

Volunteer NH Board of Directors

(Community-based Organization)

Donald E. Chesnel, Rochester                                                                           Effective:  Upon confirmation

Reappointment                                                                                                     Term:  October 10, 2009

 

Volunteer NH Board of Directors

(Postsecondary Education)

Paula J. Gregory, Milford                                                                                    Effective:  Upon confirmation

Succeeding:  Kathleen Moulis, Concord (resigned)                                      Term:  October 10, 2007

 

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:  October 9, 2010

 

Wetlands Council

Nominated by the NH Association of Natural Resource Scientists

Lawrence Morse, Newmarket                                                                             Effective:  Upon confirmation

Reappointment                                                                                                     Term:  September 3, 2009

 

State Commission on the Status of Women

Marilyn T. Mahoney, Goffstown                                                                      Effective:  Upon confirmation

Succeeding:  Ronna F. Wise, Contoocook                                                      Term:  October 20, 2009

 

Advisory Council on Workers Compensation

(Labor)

Denis R. Beaudoin, Sr., Pittsfield                                                                       Effective:  Upon confirmation

Succeeding: Richard N. Joy, Nottingham                                                        Term:  June 13, 2009

 

 

 

                                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 Portsmouth, New Hampshire. Action will Authorized a Resolution under RSA 162-I:9 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 25, 2006

IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

 

*   *   *   *   *   *   *

At 10:50 the Governor announced that the next matter to be considered would be the financing and refinancing of commercial facility projects by the Business Finance Authority for the Mark H. Wentworth Home (the “Borrower”) in Portsmouth, New Hampshire and declared that the public hearing on the subject had commenced. He said that he and the members of the Council had received the written recommendation of the Authority and other documentation and information with respect to the project. The Governor said that the meeting would then hear anyone wishing to speak on the subject. Jack Donovan, Executive Director of the Authority, briefly explained the project and emphasized that the credit of the State was not involved.  The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Griffin introduced a resolution entitled "A RESOLUTION UNDER RSA 162-1:9 AUTHORIZING A NOT TO EXCEED $14,200,000 FINANCING AND REFINANCING OF COMMERCIAL FACILITIES BY THE BUSINESS FINANCE AUTHORITY FOR THE MARK H. WENTWORTH HOME IN PORTSMOUTH" 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-I:9 WITH RESPECT TO THE FINANCING

OF A COMMERCIAL FACILITY BY THE BUSINESS FINANCE

AUTHORITY FOR THE MARK H. WENTWORTH HOME

IN PORTSMOUTH

 

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 New Hampshire.

 

(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 October 25, 2006.

 

#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 OCTOBER 25, 2006

COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

*                              *                              *                              *                              *                              *                             

                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: