GOVERNOR AND EXECUTIVE COUNCIL MINUTES
John O’Leary Adult Community Center, Merrimack, NH
October 31, 2007, 10:00 a.m.
The Governor and Executive
Council convened at
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The Governor and Executive Council on motion of Councilor Shea, seconded by Councilor Hollingworth, accepted the minutes of October 17, 2007.
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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 17, 2007 meeting.
*
The Governor placed in nomination the several persons who applied for Civil Commissions.
*
The Governor and Council, on
motion of Councilor Pignatelli, seconded by Councilor
Wieczorek, voted to set the date for a special
election for state representative in Hillsborough County District No.7 (Goffstown,
Weare).
The filing period will begin on December 24, 2007 and end on December 31, 2007. The primary election will be February 5, 2008. The special election will be March 11, 2008.
The Governor and Council, on
motion of Councilor Hollingworth, seconded by
Councilor Shea, voted to set the date for a special election for state
representative in Rockingham County District No.1 (Candia, Deerfield,
Northwood, Nottingham).
The filing period will begin on November 5, 2007 and end on November 13, 2007. The primary election will be December 18, 2007. The special election will be January 22, 2008.
RESIGNATIONS
The Governor and
Council accepted the following resignation
Midwifery
Council
(Midwife)
Judith
A. Gillen, Keene Effective: October 31,
2007
CONFIRMATIONS
The Governor and Council confirmed the following:
Agricultural
Lands Preservation Committee
Dwight
E. Barney, Lee Effective: October 31,
2007
Succeeding: Elwin Hardy, Hollis Term: October 10, 2010
Board
of Chiropractic Examiners
(Public
Member)
Laura
Sheppard, Amherst Effective: October 31,
2007
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
Salary:
GG Maximum $82,978
Economic
Development Matching Grants Program
Nominated
by the New Hampshire Economic Developers Association
Kenneth
G. Lurvey, Concord Effective: October 31,
2007
Vacancy Term: October 31, 2010
Economic
Development Matching Grants Program
Nominated
by the New Hampshire Economic Developers Association
Elizabeth
A. Thompson, Dover Effective: October 31,
2007
Vacancy Term: October 31, 2010
Judicial
Council
(Attorney)
Philip
H. Utter, Exeter Effective: October 31,
2007
Reappointment Term: October 18, 2010
New
Hampshire Land & Community Heritage Authority
(Outdoor
Recreation)
Julia
Steed Mawson, Pelham Effective: October 31,
2007
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: October 31,
2007
Vacancy Term: October 31, 2010
Marital
Mediator Certification Board
(Attorney)
Karen
J. Borgstrom, Lyme Effective: October 31,
2007
Reappointment Term: October 11, 2010
Marital
Mediator Certification Board
John
D. Cameron, Gilford Effective: October 31,
2007
Succeeding: Georgine M. Williams, Bedford Term: September 6, 2010
Marital
Mediator Certification Board
Ellen
Dinerstein, Hancock Effective: October 31,
2007
Reappointment Term: September 6, 2010
Board
of Mental Health Practice
(Public
Member)
David
J. Braiterman, Concord Effective: October 31,
2007
Reappointment Term: October 31, 2010
Board
of Mental Health Practice
(Licensed
Clinical Social Worker)
Sheila
Renaud-Finnegan, Pembroke Effective: October 31,
2007
Reappointment Term: October 31, 2010
Board
of Natural Scientists
Craig
A. Wood, Deerfield Effective: October 31,
2007
Reappointment Term: October 26, 2012
Public
Water Access Advisory Board
(Lakes
Association)
Joseph
B. Goodnough, Newbury Effective: October 31,
2007
Succeeding: Maynard Goldman, Grantham Term: October 27, 2010
Public
Water Access Advisory Board
(Hunting)
Joseph
A. Norton, Henniker Effective: October 31,
2007
Succeeding: Roger J. Bellerose, Sr., Manchester Term: October 27, 2010
Public
Water Access Advisory Board
(Public
Member – Chairman)
Thomas
Quarles, Jr., Brookline Effective: October 31,
2007
Reappointment Term: October 27, 2010
Recreational
Therapy Governing Board
Deborah
Ann Robinson, Merrimack Effective: October 31,
2007
Reappointment Term: October 25, 2010
Associate
Justice: Superior Court
Kenneth
C. Brown, Manchester Effective:
October 31, 2007
Term: Until 70 years of age
Associate
Justice: Superior Court
Diane
M. Nicolosi, Concord Effective: October 31,
2007
Term: Until 70 years of age
Associate
Justice: Superior Court – with Councilor Pignatelli
abstaining
Brian T. Tucker, Hopkinton Effective: October 31,
2007
Term: Until 70 years of age
Volunteer
NH Board of Directors
(Community-Based
Organization)
Paula
J. Gregory, Milford Effective: October 31,
2007
Reappointment Term: October 10, 2010
Wetlands
Council
(Farm
or Forest Landowner)
George
W. Kimball, Center Sandwich Effective: October 31,
2007
Vacancy Term: October 31, 2010
State
Commission on the Status of Women
Louise
B. Graham, Wolfeboro Effective:
October 31, 2007
Succeeding: Elizabeth Paine, Plymouth Term: October 20, 2010
State
Commission on the Status of Women
Gyme
D. Hardy, Concord Effective: October 31,
2007
Succeeding: Jessica Stern, Concord Term: October 20, 2010
NOMINATIONS
The Governor placed into nomination the following:
Board
of Acupuncture Licensing
Jeanne
Ann Whittington, Dunbarton Effective: Upon
confirmation
Reappointment Term: October 14, 2010
State
Committee on Aging
(Grafton
County)
Louis
E. Paré, Holderness Effective: Upon
confirmation
Succeeding: Susan M. Presby, Littleton Term: June 24, 2010
Commissioner:
Department of Agriculture
Lorraine
Stuart Merrill, Stratham Effective: Upon
confirmation
Succeeding: Stephen H. Taylor, Plainfield Term: November 18, 2012
Salary: HH/Step 3,
$81,445.00
Alcohol
and Drug Abuse Prevention, Intervention and Treatment Commission
(Public
Member)
M.
Anne Lawing, Dover Effective: Upon
confirmation
Succeeding: J. Gail Barry, Manchester Term: October 4, 2010
New
Hampshire State Council on the Arts
Tim
Sappington, Randolph Effective: Upon
confirmation
Reappointment Term: November 23, 2012
Board
of Barbering, Cosmetology and Esthetics
(Cosmetologist)
Kathleen
A. Humes, Deerfield Effective: Upon
confirmation
Succeeding: Sheila Covert, Milford (resigned) Term: July 1, 2008
State
Board of Fire Control
(Natural
Gas Distribution)
William
F. Ruoff, Antrim Effective: Upon
confirmation
Reappointment Term: September 2, 2012
Board
of Licensure of Interpreters for the Deaf and Hard of Hearing
(Consumer
of oral interpreting services)
Izabella
Kantsepolsky, Nashua Effective: Upon
confirmation
Reappointment Term: October 10, 2010
Joint
Promotional Program Screening Committee
(Member-at-Large)
Nominated
by the New Hampshire Travel Council
Suzanne
Bresette, North Hampton Effective: Upon
confirmation
Succeeding: Brett St. Clair, Dunbarton Term: July 13, 2010
Joint
Promotional Program Screening Committee
(Chamber
of Commerce)
Nominated
by the New Hampshire Travel Council
Robin
Comstock, Nottingham Effective: Upon
confirmation
Reappointment Term: July 13, 2010
Board
of Mental Health Practice
(Clinical
Mental Health Counselor)
Gail
Mears, Ashland Effective: Upon
confirmation
Succeeding: Jeanette Goldberg, Manchester Term: October 31, 2010
Midwifery
Council
(Midwife)
Cilia
Bannenberg, Barrington Effective: Upon
confirmation
Succeeding: Judith Gillen, Keene (resigned) Term: September 28, 2010
Board
of Natural Scientists
(Public
Member)
Patricia
A. Barker, Campton Effective: Upon
confirmation
Reappointment Term: November 19, 2012
Water
Council
(Industrial
Interests)
James
Varotsis, Portsmouth Effective: November 29,
2007
Reappointment Term: November 29, 2011
Wetlands
Council
(Member
of Municipal Conservation Commission)
Paul
A. Dionne, Derry Effective: Upon
confirmation
Succeeding: Camilla C. Lockwood, Chester Term: November 21, 2010
State
Commission on the Status of Women
Linda
Gathright, Nashua Effective:
Upon confirmation
Succeeding: Sylvia Gale, Nashua (resigned) Term: October 20, 2008
ITEM REMOVED
FROM TABLE
The Governor and Council on motion of Councilor Pignatelli, seconded by Councilor Burton, voted to remove the
amendment for item #96A - which was tabled at the October 3, 2007 Meeting
Councilor Pignatelli, seconded by Councilor Hollingworth submitted the following amendment. The tollbooth rates at southbound exits 10 and 11 of the F. E. Everett Turnpike in Merrimack shall be set at $0.00. This is effective at 12:01 a.m. on October 22. 2007.
FAILED -TABLED AMENDMENT - The motion to approve the amendment, with an amended effective date of November 22, 2007, was defeated on a roll call vote.
Roll
Call: Councilor
Councilor Shea – no
Councilor Hollingworth – no
Councilor Wieczorek – no
Councilor Pignatelli - yes
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Burton, seconded by
Councilor Hollingworth 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
commercial facilities by the Business Finance Authority for Huggins Hospital
located in Wolfeboro, New Hampshire; for Littleton Regional Hospital located in
Littleton, New Hampshire; and Monadnock Community
Hospital located in Keene, 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 OCTOBER 31, 2007
AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK
* * * * * *
At 11:30 a.m., the Governor
announced that the next matter to be considered would be the financing of a
commercial facility project by the Business Finance Authority (“Authority”) for
Huggins Hospital, Littleton Hospital Association, and Monadnock
Community Hospital 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, emphasized that the credit of the State was not involved and explained
that a public hearing had been held in Concord, the State capital, earlier that
morning in compliance with Federal law and that no one had attended. The Governor then repeated that the
proceedings were a public hearing and asked whether any other person wished to
speak; [there being none], Councilor Burton introduced a resolution entitled
"A RESOLUTION AUTHORIZING THE PROJECTS, $10,000,000 FOR HUGGINS HOSPITAL,
$30,000,000 FOR LITTLETON HOSPITAL ASSOCIATION AND $20,350,000 FOR THE MONADNOCK COMMUNITY HOSPITAL" and moved its adoption,
which was seconded by Councilor Hollingworth. After discussion of the resolution, 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 AUTHORIZING PROJECTS,
$10,000,000 FOR HUGGINS HOSPITAL, $30,000,000 FOR LITTLETON
HOSPITAL ASSOCIATION AND $20,350,000 FOR THE MONADNOCK
COMMUNITY HOSPITAL
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: (i)
commercial facilities for Huggins
Hospital (“Huggins Hospital”) located in Wolfeboro, New Hampshire (the “Huggins
Facilities”); (ii) commercial facilities for Littleton Regional Hospital
(“Littleton Regional Hospital”) located in Littleton, New Hampshire (the
“Littleton Facilities”), and (iii) commercial facilities for Monadnock Community Hospital (“Monadnock
Community Hospital”) in Peterborough, New Hampshire (the “Monadnock
Facilities” and collectively with the “Littleton Facilities” and the “Huggins
Facilities,” the “Facilities”) by the Authority’s issue of Variable Rate Demand Revenue
Bonds, comprised of three series: (i) Variable
Rate Demand Revenue Bonds (Huggins Hospital Issue), Series 2007 in an aggregate
principal amount not to exceed $10,000,000 (the “Huggins Bonds”); (ii) Variable
Rate Demand Revenue Bonds (Littleton Regional Hospital Issue), Series 2007 in
an aggregate principal amount not to exceed $30,000,000 (the “Littleton
Bonds”); and (iii) Variable Rate Demand Revenue Bonds (Monadnock
Community Hospital Issue), Series 2007 in an aggregate principal amount not to
exceed $20,350,000 (the “Monadnock Bonds” and
together with the Huggins Bonds and the Littleton Bonds, the “Bonds”) 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) (i) The Huggins Bonds will be used to pay, or reimburse Huggins Hospital for paying, a portion of the costs of acquiring, constructing, renovating and equipping capital projects with respect to the Hospital’s health care facilities and to pay certain costs associated with the issuance of the Huggins Bonds. For a detailed description of the Huggins Projects, see Exhibit A attached hereto.
(ii) The
Littleton Bonds will be used to: (i) advance
refund the outstanding New Hampshire Higher Education and Health Facilities
Authority Hospital Revenue Bonds, Littleton Hospital Issues, Series 1998A and
1998B; (ii) pay, or reimburse Littleton Regional Hospital for paying, a portion
of the costs of acquiring, constructing, renovating and equipping capital
projects with respect to Littleton Regional Hospital’s health care facilities;
and (iii) pay certain costs associated with the issuance of the Littleton
Bonds. For a detailed description of the Littleton Projects, see Exhibit B attached
hereto.
(iii) The Monadnock Bonds will be used to: (i) refund the current outstanding New Hampshire Higher Education and Health Facilities Authority Hospital Revenue Bonds, Series 1997 and 2004 Bonds (Monadnock Community Hospital Issues); (ii) repay a loan from the United States Government in connection with the USDA/RUS program; (iii) pay, or reimburse Monadnock Community Hospital for paying, a portion of the costs of acquiring, constructing, renovating and equipping capital projects with respect to Monadnock Community Hospital’s health care facilities; and (iv) pay certain costs associated with the issuance of the Monadnock Bonds. For a detailed description of the Monadnock Projects, see Exhibit C attached hereto.
(2) The operation
of each of the Facilities will create and preserve employment opportunities
directly and indirectly within the State of New Hampshire.
(b) General
findings:
(1) Each of the Projects and the proposed
financing and refinancing thereof, as applicable, are feasible;
(2) Each Hospital has the skills and
financial resources necessary to operate its respective Facilities
successfully;
(3) Each Agreement
contains provisions so that under no circumstances will the Authority be
obligated directly or indirectly to pay applicable Project costs, debt service
or expenses of operation, maintenance and upkeep of any Facility except from
proceeds of the applicable series of Bonds or from funds received under the
Agreement, exclusive of funds received thereunder by
the Authority for its own use;
(4) Each Agreement does not purport to
create any debt of the State with respect
to any Facility, other than a special obligation of the Authority acting on
behalf of the State under the Act; and
(5) The proposed
financing of each Project by the Authority and the operation and use of each
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 31, 2007.
#2 The
Governor and Executive Council on motion of Councilor Hollingworth,
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
with respect to the financing of a loan to Coastal Economic Development
Corporation for the benefit of Foss Manufacturing Co., LLC in Hampton, 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 OCTOBER 31, 2007
AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK
* * * * * *
At approximately 11:35 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 Seacoast
Business Alliance 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. Jack Donovan, Executive Director of the Authority, briefly explained
the project and introduced Daniel Gray, Managing Director of Coastal Economic
Development Corporation and Jim MacGruder and Paul Koroski of Foss Manufacturing, LLC. The Governor then repeated that the proceedings
were a public hearing and asked whether any other person wished to speak; there
being none, Councilor Hollingworth 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 COASTAL ECONOMIC DEVELOPMENT CORPORATION" and
moved its adoption, which was seconded by Councilor Shea. 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 COASTAL ECONOMIC DEVELOPMENT CORPORATION
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 Coastal Economic
Development Corporation (the
"Borrower") in the original principal amount of up to $1,000,000 to
provide financing of equipment for Foss Manufacturing Co., LLC., of Hampton,
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 Authorized
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 Authorized 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 31,
2007.
#3 The
Governor and Executive Council on motion of Councilor Burton, seconded by
Councilor Wieczorek 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
Sovereign Bank New England and New England Mountain Ventures, Inc. in North
Conway, 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 OCTOBER 31, 2007
AT THE JOHN O’LEARY ADULT COMMUNITY CENTER, MERRIMACK
* * * * * *