GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State House, Concord, New Hampshire
December 11, 2007, 10:00 a.m.
The Governor and Executive
Council convened at
*
The Governor and Executive Council on motion of Councilor Hollingworth, seconded by Councilor Wieczorek, accepted the minutes of November 28, 2007.
*
The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Shea approved the appointment of several persons nominated for Civil Commissions from the November 28, 2007 meeting.
*
The Governor placed in nomination the several persons who applied for Civil Commissions.
*
The Governor and Council, on
motion of Councilor Hollingworth, seconded by
Councilor Pignatelli, voted to set the date for a special
election for state representative in Rockingham County District No.15 (Hampton).
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.
RESIGNATIONS
The Governor and
Council accepted the following resignation
Pre-Engineering
Technology Advisory Council
Richard
W. Ayers, Sanbornton Effective: December 11,
2007
CONFIRMATIONS
The Governor and Council confirmed the following:
Board
of Accountancy
(Certified
Public Accountant)
Richard
O. Hanson, Bedford Effective: December 11,
2007
Reappointment Term: December 2, 2012
Amusement
Ride Safety Advisory Board
(Operator
of permanently placed amusement ride)
Ryan
DeMaria, Salem Effective: December 11,
2007
Succeeding: Tom Morrow, Salem (deceased) Term: June 13, 2009
Amusement
Ride Safety Advisory Board
(Public
Member)
Charles
W. Roffo, Gilford Effective: December 11,
2007
Vacancy Term: December 11, 2010
New
Hampshire State Council on the Arts
Randy
Armstrong, Barrington Effective: December 11,
2007
Reappointment Term: November 23, 2012
State
Coordinating Council for Community Transportation
Rad
C. Nichols, Durham Effective: December 11,
2007
Vacancy Term: Serves at G&C pleasure
Director
of the Division of Instruction: Department of Education
Nominated
by the Commissioner of the Department of Education
Kathleen
A. Murphy, Salem Effective: December 11,
2007
Vacancy Term: December 11, 2011
Salary: GG, Step Max - $82,978
State
Historical Resources Council
(Historic
Preservation)
Nancy
C. Dutton, Wilmot Effective: December 11,
2007
Reappointment Term: December 10, 2012
State
Historical Resources Council
(Business)
Jeff
Woodburn, Whitefield Effective: December 11,
2007
Succeeding: Jason Hoch, Littleton Term: December 10, 2012
Human
Rights Commission
William
E. Brennan, Bedford Effective: December 11,
2007
Succeeding
Kenneth Brown, Manchester (resigned) Term: November 1, 2008
Judicial
Retirement Plan Board of Trustees
(Business
Experience – Chair)
Deborah
B. Butler, Concord Effective: December 11,
2007
Succeeding:
Charles G. Douglas III, Concord Term: November 19, 2010
Juvenile
Parole Board
Barbara
R. Carpenter, Kensington Effective: December 11,
2007
Succeeding: Kathryn D. Kachavas, New Boston Term: July 1, 2012
NH
Land and Community Heritage Authority: Executive Director
Nominated by the NH Land and Community Heritage
Investment Authority Board of Directors
Deborah
K. Turcott, New Hampton Effective: December 11,
2007
Succeeding: Rachael Rouillard, Durham (resigned) Term: December 20, 2010
Advisory
Committee on Marine Fisheries
(Alternate)
G.
Ritchie White, Rye Effective: December 11,
2007
Reappointment Term: December 2, 2010
Marital
Mediator Certification Board
(Public
Member)
David
S. Phillips, Amherst Effective: December 11,
2007
Succeeding: Donald F. Dickey, West Lebanon (resigned) Term: April 10, 2009
State
Commission on the Status of Men
Larry
Colby, Gilsum Effective: December 11,
2007
Succeeding: Alfred Lerandeau, North Swanzey Term: September 25, 2010
State
Commission on the Status of Men
Scott
A. Garman, Rochester Effective: December 11,
2007
Reappointment Term: September 1, 2010
State
Commission on the Status of Men
Michael
J. Geanoulis, New Castle Effective: December 11,
2007
Reappointment Term: September 1, 2010
State
Commission on the Status of Men
Joseph
H. Mastromarino, Hampton Effective: December 11,
2007
Reappointment Term: September 1, 2010
Pesticides
Control Board
(Public
Member)
Anne
D. Krantz, Amherst Effective: December 11,
2007
Reappointment Term: November 23, 2010
Board
of Registration of Podiatrists
David
R. Kosofsky, Nashua Effective: December 11,
2007
Reappointment Term: December 5, 2012
Public
Water Access Advisory Board
(Representing
Rivers Association)
Brian
A. Giles, Durham Effective: December 16,
2007
Reappointment Term: December 16, 2010
Chief
of Policy and Planning; Department of Safety
Nominated
by the Commissioner of the Department of Safety
Kevin
P. O’Brien, Concord Effective: December 11,
2007
Vacancy Term: Serves at Commissioner’s pleasure
Salary: GG
Step 3 - $74,781 ($77,400 as of
January 2, 2008)
Waste
Management Council
(Representative
of a community which recycles or recovers solid waste)
Nominated
by the Northeast Resource Recovery Association
Fuat
Ari, Chichester Effective: December 11,
2007
Succeeding: Anthony Ilacqua, Littleton Term: September 7, 2011
NOMINATIONS
The Governor placed into nomination the following:
State
Committee on Aging
(Belknap
County)
Russell
A. Armstrong, Gilford Effective: Upon
confirmation
Vacancy Term: June 24, 2010
Community
College System Board of Trustees
(General
Public)
Ned
Densmore, Franconia Effective: Upon
confirmation
Reappointment Term: June 30, 2011
Community
College System Board of Trustees
(Business
and Industry)
Lori
B. Hitchcock, Nottingham Effective: Upon
confirmation
Succeeding: Thomas Wilhelmsen, Hollis (resigned) Term: February 17, 2009
Community
College System Board of Trustees
(General
Public)
Robert
L. Mallat, Jr., Keene Effective: Upon
confirmation
Reappointment Term: June 30, 2011
Community
Development Finance Authority
(Community
Development Organization)
Richard
W. Ingram, North Hampton Effective: Upon
confirmation
Succeeding: Janice Hill, Concord Term: July 1, 2012
Current
Use Advisory Board
(Representing
assessing official from a town with less than 5,000 population)
Normand
G. Bernaiche, Acworth Effective: Upon confirmation
Reappointment Term: December 23, 2009
Current
Use Advisory Board
(Representing
assessing official from a town with more than 5,000 population)
Normand
R. Pelletier, Hudson Effective: Upon
confirmation
Reappointment Term: December 23, 2009
Board
of Licensed Dietitians
Carole
A. Palmer, Penacook Effective: Upon
confirmation
Succeeding: Patricia L. Walker, Wolfeboro Term: December 6, 2010
Energy
Planning Advisory Board
Wendell
W. Jesseman, Landaff Effective: Upon
confirmation
Reappointment Term: November 10, 2010
Equalization
Standards Board
Nominated
by the New Hampshire Municipal Association
Kathryn
H. Temchack, Canterbury Effective: Upon
confirmation
Reappointment Term: October 10, 2009
Commissioner:
Department of Health and Human Services
Nicholas
A. Toumpas, Rye Effective: Upon
confirmation
Vacancy Term: 4 years from confirmation
Salary: $109,985
New
Hampshire Commission for Human Rights
Gayle
E. Troy, Dunbarton
Effective: Upon confirmation
Reappointment Term: January 1, 2013
Judicial
Council
(Lay
Person)
Alan
Seidman, Bedford Effective: Upon
confirmation
Reappointment Term: January 1, 2011
Medical
Review Subcommittee
Nominated
by the Board of Medicine
Amy
Feitelson, Rye Effective: Upon
confirmation
Succeeding: James G. Sise, Keene Term: December 3, 2010
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Will
Abbott, Holderness Effective: Upon
confirmation
Succeeding
Robert A. Cruess, Amherst Term: September 30, 2011
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Frederick
J. McNeill, Manchester Effective: Upon
confirmation
Succeeding: Frank Thomas, Merrimack Term: August 12, 2011
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Nelson
L. Thibault, Nottingham Effective: Upon
confirmation
Reappointment Term: September 30, 2011
New
England Interstate Water Pollution Control Commission
Nominated
by the Commissioner of the Department of Environmental Services
Charles
J. Vorosmarty, Newburyport Effective: Upon
confirmation
Succeeding: Robert A. Weimar, Meredith Term: September 30, 2011
Board
of Nursing
(RN)
Nora
C. Fortin, Stratham Effective: Upon
confirmation
Succeeding: Kristine A. Day, Alexandria Term: May 10, 2010
Oil
Fund Disbursement Board
(Public
Member)
Ronald
R. Poirier, Manchester Effective: Upon
confirmation
Reappointment Term: January 1, 2011
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Burton, 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 an industrial facility by the Business Finance
Authority for Ice River Springs Claremont, LLC located in Claremont, 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 DECEMBER 11, 2007
IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD
* * * * * *
At 10:34 a.m. the Governor
announced that the next matter to be considered would be the financing of an
industrial facility project by the Business Finance Authority (“Authority”) for
Ice River Springs Claremont, LLC 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.
Michael Donahue, Senior Credit Officer 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 Burton introduced a resolution
entitled "A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE FINANCING OF AN INDUSTRIAL FACILITY
BY THE BUSINESS FINANCE AUTHORITY FOR ICE RIVER SPRINGS CLAREMONT, LLC IN
CLAREMONT, NEW HAMPSHIRE" and moved its adoption, which was seconded by
Councilor Shea. There being no
discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and
Councilor Burton, Councilor Shea, Councilor Hollingworth,
Councilor Wieczorek, and Councilor Pignatelli; those
abstaining were Councilor (s): None; and
those voting against were Councilor(s):
None. The Governor declared that
the resolution was passed.
* * * * * *
A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE ISSUANCE OF UP TO $4,500,000 REVENUE
BONDS BY THE BUSINESS FINANCE AUTHORITY
OF THE STATE OF NEW HAMPSHIRE TO FINANCE AN INDUSTRIAL FACILITY FOR ICE
RIVER SPRINGS CLAREMONT, LLC
IN CLAREMONT, NEW HAMPSHIRE
WHEREAS, the Governor and Council 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 a determination under RSA 162-I:9 with respect to the financing of an industrial facility for Ice River Springs Claremont, LLC (the "Borrower"), in Claremont, New Hampshire, by the Authority’s issuance of up to $4,500,000 aggregate amount of revenue bonds (the "Bonds") under RSA 162-I:1 et seq. (the "Act"); and
WHEREAS, the Governor and Council have received all of the documentation and information with respect to the proposed transaction that they have requested; and
WHEREAS, further action by the Authority with respect to the proposed transaction is subject to, and cannot be taken until passage of, this Resolution;
NOW, THEREFORE, in consideration of the foregoing, 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 project to be financed with the proceeds of the Bonds consists of the following: (i) financing a portion of the land acquisition costs for approximately 25 acres of real property located at 35 Connecticut River Bend Place, Claremont, New Hampshire (the “Property”); (ii) financing the construction of a new approximately 133,000 square foot industrial building to be located on the Property; (iii) financing the acquisition and installation of new equipment to be located at the facility to be constructed on the Property; and (iv) possibly financing issuance costs (collectively, the "Facility" or the "Project"). The Facility is within the definition of "Industrial Facility" in RSA 162-I:2 and may be financed under the Act.
(2) The establishment and operation of the Facility will create or preserve employment opportunities directly or indirectly within the State of New Hampshire (the "State") and will likely be of general benefit to the community as a whole.
(b) General Findings.
(1) The Project and the proposed financing of the Project are feasible.
(2) The Borrower has the skills and financial resources necessary to operate the Facility successfully.
(3) The Loan Agreements and the other documents to be executed in connection with the issuance of the Bonds, including the Escrow Agreements (collectively, the "Financing Documents"), contain 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 proceeds of the Bonds or from funds received under the Financing Documents, exclusive of funds received under the Financing Documents by the Authority for its own use.
(4) The Financing Documents do 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.
(5) The proposed financing of the Project by the Authority and the proposed 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 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 hereby approve the Authority’s taking such further action under the Act with respect to the transaction involving the Facility, the Project and the Bonds as may be required.
Section 4. Effective Date. This Resolution shall take effect upon its passage.
Passed and Agreed to: December 11, 2007
#2 The
Governor and Executive Council on motion of Councilor Hollingworth,
seconded by Councilor Burton and further on a roll call vote as follows:
Councilor Burton – yes, Councilor Shea – yes, Councilor Hollingworth
– yes, Councilor Wieczorek – yes, and Councilor Pignatelli – yes, authorized to hold a Public Hearing
to approve an award of a State Guarantee under RSA
162-A:13-a with respect to a loan from TD Banknorth and Resource Technical Services, Inc. in Dover,
New Hampshire. Action will Authorized a Resolution under RSA
162-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 DECEMBER 11, 2007
COUNCIL
CHAMBER, CONCORD, NEW HAMPSHIRE
* * * * * * *
At approximately 10:36 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 Bank of
New Hampshire, a division of Banknorth, N.A. to Resource Technical Services, Inc. and declared that
the public hearing on the subject had commenced. He said that he and the members of the
Council had received written material from the Authority with respect to the
proposed loans and State guarantee. The
Governor then said that the meeting would hear anyone wishing to speak on the
subject and introduced Michael Donahue, Senior Credit Officer of the Authority
who briefly explained the project. The Governor then repeated that the proceedings
were a public hearing and asked whether any other person wished to speak; there
being none, Councilor Hollingworth introduced a resolution entitled "A
RESOLUTION UNDER RSA 162-A:18
AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM BANK OF NEW HAMPSHIRE TO RESOURCE TECHNICAL SERVICES, INC." and
moved its adoption, which was seconded by Councilor Burton. There being no discussion, the Governor
called for a vote on the motion. Those
voting in favor were: The Governor and Councilor Burton, Councilor Shea,
Councilor Hollingworth, Councilor Wieczorek,
and Councilor Pignatelli; those abstaining were Councilor (s): None; and those voting against were
Councilor(s): None. The Governor declared that the resolution was
passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING
A STATE
GUARANTEE
UNDER RSA 162-A:13-a WITH
RESPECT TO A
LOAN FROM TD
BANKNORTH TO
RESOURCE TECHNICAL SERVICES, INC.
WHEREAS, the Governor and
Council (the "Governor and Council") of the State of New Hampshire
(the "State") have received from the Business Finance Authority of
the State of New Hampshire (the "Authority") its written
recommendation that the Governor and Council make certain findings and
determinations pursuant to RSA 162-A:18 with respect
to the award of a guarantee of the Authority in an amount equal to seventy-five
percent (75%) of the principal amount of a loan up to $400,000 from TD Banknorth to Resource Technical Services, Inc. pursuant to RSA 162-A:13-a (the Working Capital Loan Guarantee Program
or the "WAG Program");
WHEREAS, the proposed guarantee
would require the pledge of the full faith and credit of the Authority in an
amount not to exceed seventy-five percent (75%) of the proposed financing;
WHEREAS, pursuant to the
provisions of RSA Chapter 162-A, the Governor and
Council is authorized to approve the recommendation of the Authority and to
award the recommended guarantee upon the making of specific findings after
public hearing;
WHEREAS, the Governor and
Council have received all the documentation and information with respect to the
proposed award of the Authority's guarantee which they have requested; and
WHEREAS, further action by the
Authority with respect to the proposed transaction is subject to the passage of
this resolution and cannot be taken until after its passage;
NOW, THEREFORE, IT IS HEREBY
RESOLVED THAT:
1. Findings and Determinations. On the basis of the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special Findings.
(i) The
award of the guarantee as proposed will contribute significantly to the success
of the financing.
(ii) Reasonable and appropriate measures
have been taken to minimize the risk of loss to the Authority and to ensure
that any private benefit from the award of the guarantee will be only
incidental to the public purpose served thereby.
(b) General Findings.
(i) The
award of the guarantee as proposed will serve a public use and provide a public
benefit.
(ii) The award of the guarantee as proposed
is within the policy of, and the authority conferred by RSA
Chapter 162-A.
(iii)
The award of the guarantee as
proposed will preserve or increase the social welfare or economic prosperity of
the state and one or more of its political subdivisions, and will promote the
general welfare of the state's citizens.
(iv) The award
of the guarantee as proposed will promote the orderly development of business
activities, create or preserve employment opportunities, or protect the
physical environment.
2. Approval.
The Governor and Council approve the Authority's taking such further
action under the Act with respect to the award of the guarantee as may be
required and authorize the Authority to take such further action with respect
to such proposed execution as is necessary and appropriate to carry out the
proposed transaction.
3. Effective Date.
This resolution shall take effect upon its passage.
Passed
and Agreed to December 11, 2007.
#3 The
Governor and Executive Council on motion of Councilor Shea, seconded by
Councilor Burton 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 with respect to a loan from Centrix Bank
& Trust and New Hampshire Precision Metal Fabricators, Inc. in Londonderry,
New Hampshire. 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 DECEMBER 11, 2007
COUNCIL
CHAMBER, CONCORD, NEW HAMPSHIRE
* * * * * * *
At approximately 10:38 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 Centrix
Bank & Trust to New Hampshire Precision Metal Fabricators, Inc., and
declared that the public hearing on the subject had commenced. She 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 and introduced and Brian Lavoie,
Vice President of Centrix Bank & Trust. The
Governor then repeated that the proceedings were a public hearing and asked
whether any other person wished to speak; there being none, Councilor Shea
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 CENTRIX BANK & TRUST TO
NEW HAMPSHIRE PRECISION METAL FABRICATORS, INC." and moved its adoption,
which was seconded by Councilor Burton.
There being no discussion, the Governor called for a vote on the
motion. Those voting in favor were: The
Governor and Councilor Burton, Councilor Shea, Councilor Hollingworth,
Councilor Wieczorek, and Councilor Pignatelli; those
abstaining were Councilor (s): None; and
those voting against were Councilor(s):
None. The Governor declared that
the resolution was passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING
A STATE
GUARANTEE
UNDER RSA 162-A:13 WITH
RESPECT TO A
LOAN FROM CENTRIX
BANK & TRUST TO
NEW
HAMPSHIRE PRECISION METAL FABRICATORS, 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 $2,000,000 from Centrix Bank & Trust to New Hampshire Precision Metal
Fabricators, Inc., 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 seventy-five percent (75%) of the proposed financing;
WHEREAS, pursuant to the
provisions of RSA Chapter 162-A, the Governor and
Council is authorized to approve the recommendation of the Authority and to
award the recommended guarantee upon the making of specific findings after
public hearing;
WHEREAS, the Governor and
Council have received all the documentation and information with respect to the
proposed award of the Authority's guarantee which they have requested; and
WHEREAS, further action by the
Authority with respect to the proposed transaction is subject to the passage of
this resolution and cannot be taken until after its passage;
NOW, THEREFORE, IT IS HEREBY
RESOLVED THAT:
1. Findings and Determinations. On the basis of the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special Findings.
(i) The
award of the guarantee as proposed will contribute significantly to the success
of the financing.
(ii) Reasonable and appropriate measures
have been taken to minimize the risk of loss to the Authority and 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 December 11, 2007.
#4 The
Governor and Executive Council on motion of Councilor Pignatelli,
seconded by Councilor Burton 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 with respect to a loan from Monadnock Community Bank and E.F.
Lane Hotel, LLC in Keene, New Hampshire. 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 DECEMBER 11, 2007
COUNCIL
CHAMBER, CONCORD, NEW HAMPSHIRE
* * * * * * *
At approximately 10:40 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 Monadnock
Community Bank
to E.F. Lane Hotel, LLC. 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 Pignatelli 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 MONADNOCK COMMUNITY BANK TO E.F.
LANE HOTEL, 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 Shea, Councilor Hollingworth,
Councilor Wieczorek, and Councilor Pignatelli; those
abstaining were Councilor (s): None; and
those voting against were Councilor(s):
None. The Governor declared that
the resolution was passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING
A STATE
GUARANTEE
UNDER RSA 162-A:13 WITH
RESPECT TO A LOAN FROM
MONADNOCK
COMMUNITY BANK TO E.F. LANE HOTEL, L.L.C.
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 $1,625,000 from Monadnock Community Bank to E.F.
Lane Hotel, 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 seventy-five percent (75%) of the proposed financing;
WHEREAS, pursuant to the
provisions of RSA Chapter 162-A, the Governor and
Council is authorized to approve the recommendation of the Authority and to
award the recommended guarantee upon the making of specific findings after
public hearing;
WHEREAS, the Governor and
Council have received all the documentation and information with respect to the
proposed award of the Authority's guarantee which they have requested; and
WHEREAS, further action by the
Authority with respect to the proposed transaction is subject to the passage of
this resolution and cannot be taken until after its passage;
NOW, THEREFORE, IT IS HEREBY
RESOLVED THAT:
1.
Findings and
Determinations. On the basis of the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special Findings.
(i) The
award of the guarantee as proposed will contribute significantly to the success
of the financing.
(ii) Reasonable and appropriate measures
have been taken to minimize the risk of loss to the Authority and 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 December 11, 2007.
#5 The
Governor and Executive Council on motion of Councilor Pignatelli,
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 contract (“Capital Access Program: Lender Participation Agreement”) with The
Nashua Bank. Action will Authorized
Resolutions under RSA 162-A:18
to determine the contract will serve a public use, provide public benefit, the
proposed participating bank is qualified to participate, appropriate measures
have been taken to ensure CAP loans will be made under the requirements of the
Act, the contract complies with RSA 162-A:12, and
reasonable precautions have been made to minimize loss, all within the policy
and authority of the Act.
EXTRACT FROM
THE MINUTES OF THE MEETING OF THE
GOVERNOR AND
COUNCIL HELD ON DECEMBER 11, 2007
COUNCIL
CHAMBER, CONCORD, NEW
* * * * * * *
At approximately 10:42 a.m., the
Governor announced that the next matter to be considered would be the proposed
contract entitled “Capital Access Program: Lender Participation Agreement” with
the following bank: The Nashua Bank 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 execution of the agreement. The Governor then said that the meeting would
hear anyone wishing to speak on the subject and introduced Michael Donahue,
Senior Credit Officer of the Authority who briefly explained the proposed
contract. The Governor then repeated
that the proceedings were a public hearing and asked whether any other person
wished to speak; there being none, Councilor Pignatelli
introduced a resolution entitled "A RESOLUTION UNDER RSA
162-A:18 APPROVING THE EXECUTION OF THE STANDARD
CONTRACT ENTITLED ‘CAPITAL ACCESS PROGRAM : LENDER PARTICIPATION AGREEMENT’ OF
THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE BY THE NASHUA
BANK” and moved its adoption, which was seconded by Councilor Shea. There being no discussion, the Governor
called for a vote on the motion. Those
voting in favor were: The Governor and Councilor Burton, Councilor Shea,
Councilor Hollingworth, Councilor Wieczorek,
and Councilor Pignatelli; those abstaining were Councilor (s): None; and those voting against were Councilor(s): None.
The Governor declared that the resolution was passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 APPROVING
THE EXECUTION
OF THE STANDARD
CONTRACT ENTITLED
"CAPITAL
ACCESS PROGRAM: LENDER PARTICIPATION
AGREEMENT"
OF THE
BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW HAMPSHIRE
BY THE
NASHUA BANK
WHEREAS,
the Governor and Council (the "Governor and Council") of the State of
New Hampshire (the "State") have previously, upon recommendation of
the Business Finance Authority of the State of New Hampshire (the
"Authority"), approved the Authority's standard contract entitled
"CAPITAL ACCESS PROGRAM: LENDER
PARTICIPATION AGREEMENT" (the "Standard Contract") by resolution
dated September 2, 1992 (the "Approving Resolution"); and
WHEREAS, at the time of such approval of
the Standard Contract, the Governor and Council made, upon recommendation of
the Authority, certain findings and determinations pursuant to RSA 162-A:18 with respect to the approval of the Standard
Contract, which findings and determinations are stated in the Approving
Resolution;
WHEREAS, in the Approving Resolution, the
Governor and Council authorized the Authority to take necessary and appropriate
steps to cause the execution of the Standard Contract with qualifying State
banking institutions; and
WHEREAS, acting pursuant to the direction
of the Authority, the Executive Director of the Authority has received interest
from The Nashua Bank (the "Specific Bank") to execute the Standard
Contract and participate in the Authority's Capital Access Program through such
execution; and
WHEREAS, the Executive Director of the
Authority has examined such information as he has deemed necessary and
appropriate and has determined that the Specific Bank is a duly organized bank
or trust company authorized to make loans and accept deposits in the State of
New Hampshire and accordingly is qualified to execute the Standard Contract and
participate in the Capital Access Program;
WHEREAS, the Governor and Council have
received all the documentation and information with respect to the proposed
execution of the Standard Contract which they have requested;
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 assuming (1) the execution of the Standard
Contract as approved by the Governor and Council on September 2, 1992, by the
Authority and an authorized officer of the Specific Bank, and (2) review and
acceptance of the executed Standard Contract by an appropriate official of the
Office of Attorney General upon receipt of a certificate of registration of the
Specific Bank and a resolution of the board of directors of the Specific Bank
authorizing execution of the Standard Contract, the Governor and Council hereby
find:
(a) The proposed execution of the Standard
Contract and the actions of the Authority and parties executing such Standard
Contract taken pursuant to the terms of such Contract will serve a public use
and provide a public benefit.
(b)
The proposed execution of the Standard Contract and the actions of the
Authority and parties executing such Standard Contract taken pursuant to the
terms of such Contract is within the policy of, and the authority conferred by RSA Chapter 162-A.
(c) The
proposed execution of the Standard Contract and the actions of the Authority
and parties executing such Standard Contract taken pursuant to the terms of
such Contract 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.
(d) The
proposed execution of the Standard Contract and the actions of the Authority
and parties executing such Standard Contract taken pursuant to the terms of
such Contract will promote the orderly development of business activities,
create or preserve employment opportunities, or protect the physical
environment.
(e) Appropriate
measures have been taken to ensure that a the Specific Bank participating under
the terms of such Standard Contract makes only loans which meet the
requirements of RSA 162-A:12, IV.
(f)
The Standard Contract complies with RSA 162-A:12, III.
(g) Reasonable
precautions have been taken to minimize the risk of loss to any reserve fund
which is established under the terms of the proposed Standard Contract.
(h)
The Specific Bank is qualified to execute the Standard Contract and to
participate under the terms of such Standard Contract and the applicable
provisions of RSA Chapter 162-A.
2. Approval. Subject to (1) the execution of the Standard
Contract as approved by the Governor and Council on September 2, 1992, by the
Authority and an authorized officer of the Specific Bank, and (2) review and
acceptance of the executed Standard Contract by an appropriate official of the
Office of Attorney General upon receipt of a certificate of registration of the
Specific Bank and a resolution of the board of directors of the Specific Bank
authorizing execution of the Standard Contract, the Governor and Council
approve the proposed execution of the Standard Contract by the Authority 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 December 11, 2007.
#6 The Governor and Council on motion of
Councilor Burton, seconded by Councilor Wieczorek
authorized the request to accept and place on file the
Business Finance Authority’s annual financial statement for FY 2007.
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:
#7 Authorized to enter into an agreement with the City of Keene, NH, for the purpose of supporting the acquisition of a condominium unit at Railroad Square in order for Southwestern Community Services to develop affordable senior housing in Keene in the amount of $500,000. Effective upon G&C approval through December 31, 2009. 100% Federal Funds.
#8 Authorized to enter into an agreement with the County of Grafton, N. Haverhill, NH, for the purpose of assisting Grafton County Economic Development Council, a non-profit corporation, to fit-up interior space at the Dartmouth Regional Technology Center, with the addition of specialized biotechnology process equipment, in the amount of $420,000. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.
#8A Authorized to enter into an agreement with Sullivan County, Newport, NH, in the amount of $500,000 to support the rehabilitation of the Wainshall Mill in the downtown Claremont area. Effective upon G&C approval through June 30, 2010. 100% Federal Funds
OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as follows:
#9 Authorized to enter into a sole source contract with the University of NH, Complex Systems Research Center, Durham, NH, to continue implementation of the state’s floodplain mapping program, as approved by the Department of Homeland Security, Federal Emergency Management Agency in the amount of $56,241. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#9A Authorized to enter into a lease with Pool “B” Partners Inc., Gilford, NH, for office space in Concord, NH in the amount of $614,230.32. Effective December 12, 2007 through February 19, 2013. 43% General, 52% Federal, 6% Other Funds.
OFFICE OF INFORMATION TECHNOLOGY
#10 The Governor and Council on motion of Councilor Burton, seconded by Councilor Shea authorized the request to enter into a contract with Software House International Incorporated, Paxton, MA, for software and peripheral services, including support services and maintenance, to sustain day-to-day operational needs of agencies within the State of NH in the amount of $110,180. Effective January 1, 2008 through December 31, 2010. 100% Other Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#11 Authorized Major Shawn R. Burrus, Hampton, NH, be confirmed for promotion to the rank of Lieutenant Colonel, NH Air National Guard.
#12 Authorized a waiver to increase fleet vehicles allocated to the Adjutant General by one vehicle. 100% Federal Funds.
#13 Authorized to enter into a contract extension with Noresco, LLC, Westborough, MA, (previously approved by G&C on 9-13-06, item #37A, amended on 6-27-07, item #28), for the implementation of energy conservation measures by extending the end date to May 30, 2008.
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#14 Authorized to accept one Christmas tree from the Sibgo Tree Co., Colebrook, NH. This tree will be placed in the Governor and Council Chambers at the State House.
#15 Authorized to accept one Christmas tree from Mountain Star Farms in Woodsville, NH. This tree will be placed at the Bridges House in Concord, NH.
#16 Authorized Bureau of Court Facilities to enter into a inter-agency rental agreement with the Department of Health and Human Services, Concord, NH, providing the Division of Juvenile Justice Services staff with office space located in the Manchester District Court, Manchester, NH, for an amount not to exceed $5,130.12. Effective January 1, 2008 through December 31, 2010.
#17 Authorized Bureau of Court Facilities to enter into an inter-agency rental agreement with the Department of Health and Human Services, Concord, NH, providing the Division of Juvenile Justice Services staff with office space located in the Dover District Court, Dover, NH, for an amount not to exceed $3,943.32. Effective February 1, 2008 through January 31, 2010.
#18 Authorized to accept and place on file the quarterly allotments for the period through September 30, 2007.
#19 Authorized Bureau of Public Works Design and Construction to enter into an agreement with Crabtree, Rohrbaugh & Associates Architects, Mechanicsburg, PA, for professional services to develop the Master Plan for the NH Department of Corrections, Concord, NH, for a total price not to exceed $463,310. (2)Further Authorized a contingency in the amount of $50,000 for additional services that may be required during the development of the Master Plan for the NH Department of Corrections, bringing the total contract to $513,310. Effective upon G&C approval through July 1, 2008. 100% General Funds.
#20 Authorized Bureau of Court Facilities to enter in to a retroactive hold over amendment for up to 12-months with Dusty’s Transportation Inc., Auburn, NH, for office and courtroom space in Auburn, NH, for an amount not to exceed $53,149.64. Effective July 1, 2007 through June 30, 2008. 100% Other Funds.
#20A Authorized Bureau of Court Facilities to enter into a lease agreement with the Town of Plaistow, NH, providing office and courtroom space for the Plaistow District Court for the amount not to exceed $127,722.72. Effective January 19, 2008 through January 18, 2011. 100% Other Funds.
#20B Authorized Bureau of Court Facilities to enter into a retroactive inter-agency rental agreement with the Department of Health and Human Services, Concord, NH, providing the Division of Juvenile Justice Services staff with office space in the Southern Carroll County District Court, Ossipee, NH, in an amount not to exceed $3,033.24. Effective December 1, 2007 through November 30, 2010.
#20C Authorized to enter into a contract with Robert Half International Inc., Manchester, NH, for professional assistance in the areas of accounting and technical policy and procedure documentation in conjunction with the implementation of the new Enterprise Resource Planning system in the amount not to exceed $56,768. Effective upon G&C approval through June 30, 2009.
#20D Authorized Risk Management Unit to enter into a contract with Rowley Insurance Agency, Concord, NH, for the purpose of providing Commercial Property, General Liability, and Umbrella insurance coverage for three district courts (Derry, Franklin and Jaffrey-Peterborough) in the amount of $7,692 with terrorism coverage and covers a one year period from January 14, 2008-January 13, 2009. 100% Transfer Funds.
#20E Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditures for the Month of January 2008. (2)Further Authorized a Working Capital Warrant reporting expenditures of $329,211,582.97 for the Month of November and recommends the balance of $70,788,417.03 be lasped.
TREASURY DEPARTMENT
The Governor and Council acted as follows:
#21 Authorized to proceed with the sale and issuance of up to $75 million of general obligation bonds through a competitive process. Effective through February 29, 2008.
#22 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $67,484.15 to the rightful owners of abandoned or unclaimed funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:
#23 Authorized Division of Arts to award a Mini-Grant in the amount of $1,000 to the City of Nashua. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#24 Authorized Division of Historical Resources to enter into a sole source contract with Cultural Heritage Resource Services Inc., North Wales, PA, for a condition survey of the remaining framework of the Old State House in the amount of $14,500. Effective upon G&C approval through June 30, 2008. 100% General Funds.
ATTORNEY GENERAL
The Governor and Council acted as follows:
#25 Authorized to designate Catherine Bernhard with a salary of $75,266.08; Anthony Blenkinsop with a salary of $70,024.48; Susan McGinnis with a salary of $69,770.46; and Kirsten Wilson with a salary of $71,874.64, as Senior Assistant Attorneys General. Effective upon G&C approval.
#26 Authorized to designate Janice K. Rundles, as a Senior Assistant Attorney General at a salary of $85,000. Effective January 2, 2008 through August 31, 2011.
#27 Authorized to reappoint Richard C. Tracy as a Criminal Investigator. Effective December 31, 2007 through December 31, 2012.
#28 Authorized a salary increase for attorneys in the Department of Justice as detailed in letter dated November 28, 2007. Effective January 4, 2008.
#29 Authorized to enter into sub-grants with the agencies, as detailed in letter dated November 27, 2007, totaling $712,974 from the previously accepted 2007 Violence Against Women Formula Grant, designed to provide services for women in NH who are victims of violent crimes. Effective upon G&C approval through February 28, 2009. (2)Further Authorized to enter into sub-grants with the agencies as detailed in letter dated November 27, 2007, totaling $174,000 from the 2006 Violence Against Women Formula Grant, designed to provide services for women in NH who are victims of violent crimes. Effective upon G&C approval through May 31, 2008. 100% Federal Funds.
#29A Authorized to enter into an agreement with the NH Department of Employment Security for lease of office space and equipment relating to the housing of the Offender Reentry Program in the City of Manchester, NH, in the amount of $100,000. Effective upon G&C approval through March 31, 2009. 100% Federal Funds.
EMPLOYMENT SECURITY
#30 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to amend a contract with Noblis Inc., Falls Church, VA, (previously approved by G&C on 6-21-06, item #57, amended on 6-27-07, item #70C), for technical assistance and support necessary to conduct a comprehensive Risk Assessment of NH’s Unemployment Insurance System, develop an Operational Security Plan for NHES’s UI Program and provide security awareness training to UI and IT staff, by extending the completion date to June 30, 2008 from December 31, 2007. 100% Federal Funds.
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#31 Authorized to exercise a contract renewal option with A-1 Fire Protection Inc., d/b/a All State Fire Equipment, Windsor, NH, (previously approved by G&C on 1-26-06, item #35, amended on 8-9-06, item #21), for maintenance, inspection, testing, recharging and repair for portable fire extinguisher and rand guard systems in the amount of $50,145.50. Effective February 28, 2008 through February 29, 2010. 100% General Funds.
#31A Authorized to enter into a contract with Rockingham County, Brentwood, NH, to operate an Academy Case Management Program “Academy” for the Rockingham County area in the amount of $164,548. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31B Authorized to enter into a contract with Merrimack County Department of Corrections, Boscawen, NH, to operate an Academy Case Management Program “Academy” for the Merrimack County area in the amount of $162,140. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31C Authorized to enter into a contract with Volunteers of America, Northern New England Inc., Brunswick, ME, to operate an Academy Case Management Program “Academy” for the Belknap County area in the amount of $174,184. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31D Authorized to enter into a contract with Community Improvement Associates, Keene, NH, to operate Academy Case Management Programs for the Sullivan County area in the amount of $169,880. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31E Authorized to enter into a contract with Community Improvement Associates, Keene, NH, to operate Academy Case Management Programs for the Cheshire County area in the amount of $188,280. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31F Authorized to enter into a contract with the Tri-County Community Action Program Inc., Berlin, NH, to operate an Academy Case Management Program “Academy” for the Coos County area in the amount of $161,488. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31G Authorized to pay $1,060,000 in overtime for permanent personnel services out of salaries for vacant positions due to pending recruitment for the period of July 1, 2007 through October 26, 2007.
#31H Authorized to enter into a contract with Southern NH Services Inc., Manchester, NH, to operate an Academy Case Management Program “Academy” for the Southern Hillsborough County area in the amount of $160,800. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31I Authorized to enter into a contract with Southern NH Services Inc., Manchester, NH, to operate an Academy Case Management Program “Academy” for the Northern Hillsborough County area in the amount of $288,000. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31J Authorized to enter into a contract with Volunteers of America, Northern New England Inc., Brunswick, ME, to operate an Academy Case Management Program “Academy” for the Grafton County area in the amount of $179,880. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2009. 100% General Funds.
#31K Authorized to enter into a lease agreement for a total not to exceed $356,400 with Richard Edmunds, Salem, NH, for office space in Exeter, NH, for the purpose of housing a Probation/Parole District Office. Effective January 1, 2008 through December 31, 2012. 100%General Funds.
NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS
#32 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to budget and expend prior year unexpended federal revenues, received from the US Equal Employment Opportunity Commission, in the amount of $3,500 for Replacement Equipment. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
LIQUOR COMMISSION
The Governor and Council acted as follows:
#33 Authorized to enter into a contract with Eckhardt & Johnson Incorporated, Manchester, NH, for the sole purpose of providing plumbing services at various liquor store locations throughout NH in the amount of $35,516.25. Effective upon G&C approval through November 30, 2010. 100% General Funds.
#33A Authorized to enter into a contract with BBC Construction, East Kingston, NH, for the sole purpose of providing a design and build for a new loading dock at State Liquor Store #73 on I-95 South in Hampton in the amount of $22,000. Effective upon G&C approval through June 30, 2008.
PUBLIC UTILITIES COMMISSION
#34 The Governor and Council on motion of Councilor Burton, seconded by Councilor Hollingworth authorized the request of a salary increment of $4,987 to Commissioner Clifton C. Below, effective December 27, 2007. 100% Assessment Funds.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#35 Authorized to allow vehicle D400 permanently assigned to the Director of the Business Resource Center in the Division of Economic Development to be unmarked of the State and Department decals.
#36 Authorized Trails Bureau to enter a contract with Bickford’s Sport Center, Epsom, NH, for a lease of 6 snowmobiles in the amount of $28,800. (2)Further Authorized an advance payment of $14,400. Effective upon G&C approval through April 1, 2009. 100% Other Funds.
#37 Authorized Trails Bureau to enter into a contract with The Rowley Agency Inc., Concord, NH, for a “Landowner Liability Insurance Policy” for the off-highway recreation vehicle program in the amount of $174,009. Effective January 1, 2008 through December 31, 2011. 100% Trails Funds.
#38 Authorized Division of Economic Development to award a grant to the Greater Laconia-Weirs Beach Chamber of Commerce, Laconia, NH, in the amount of $3,500 to create and print a Lakes Region Relocation Guidebook. Effective upon G&C approval through September 30, 2009. 100% General Funds.
#38A Authorized Division of Parks and Recreation to amend a retroactive contract with Aerial NDT Inspection Inc., Milton, NH, (previously approved by G&C on 9-19-07, item #55), for chairlift inspection at Cannon Mountain, by increasing the amount by $335 from $2,994 to $3,329. Effective upon G&C approval through November 1, 2007. 100% Ski Area Funds.
NEW HAMPSHIRE FISH AND GAME DEPARTMENT
The Governor and Council acted as follows:
#39 Authorized to accept and expend an additional $15,000 in federal funds from the National Oceanic and Atmospheric Administration to pay for consulting services and maintenance repairs associated with the Research Reserve. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
#40 Authorized to enter into a Grant Agreement with The Nature Conservancy NH Chapter, Concord, NH, for purchase of a conservation easement on the Hartshorne property in Madison, NH, in the amount of $100,000. (2)Further Authorized to accept an executor interest in the conservation easement held by The Nature Conservancy on the Hartshorne property in Madison NH. Effective upon G&C approval through June 30, 2008. 100% Federal Funds from the Landowner Incentive Program.
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#41 Authorized to enter into a contract with Elliot Health System, Manchester, NH, for personnel medical monitoring services for the amount of $91,440. Effective upon G&C approval through June 30, 2011. 29% Federal, 23% General, 48% Other Funds.
#42 Authorized to retroactively amend a contract with Northeast Engineering, PLLC, Weare, NH, (previously approved by G&C on 2-7-07, item #60), to provide technical assistance to small public water systems, by extending the completion date from September 30, 2007 to June 30, 2008.
#43 Authorized to pay 2008 membership dues to the Association of State Drinking Water Administrators, Washington, DC in the amount of $6,300. Effective upon G&C approval. 100% Federal Funds.
#44 Authorized to amend a Businesses United for Water Security Installation grant to the Berlin Water Works, Berlin, NH, (previously approved by G&C on 4-4-07, item #66), to complete a project to better protect drinking water from contamination, by extending the completion date to September 30, 2008 from December 31, 2007.
#45 Authorized to amend a Businesses United for Water Security Installation grant to the City of Keene, NH, (previously approved by G&C on 3-21-07, item #43, amended on 6-27-07, item #117), to complete a project to better protect drinking water from contamination, by extending the completion date to September 30, 2008 from December 31, 2007.
#46 Authorized to award six Regional Water System Grants to the entities as detailed in letter dated November 14, 2007, totaling $1,050,694, to compensate interconnection projects. Effective upon G&C approval. 100% General Funds.
#47 Authorized to pay membership dues to the Ground Water Protection Council, Oklahoma City, OK, in the amount of $6,500. Effective upon G&C approval. 100% Federal Funds.
#48 Authorized to accept and expend $45,045 in Federal funds from the US Environmental Protection Agency for emergency preparedness assistance to public water systems through June 30, 2008. (2)Further Authorized to award a Public Water System Emergency Interconnection grant to the Southern New Hampshire Planning Commission, Manchester, NH, in the amount of $15,000 to complete a project to better protect public water supplies against future potential terrorist attacks by conducting mutual aid studies. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#49 Authorized to amend a contract with Weston Solutions Inc., Manchester, NH, (previously approved by G&C on 4-4-07, item #61), for operations and maintenance, sampling analysis and remedy evaluation services at the Kearsarge Metallurgical Site, by extending the completion date from March 31, 2008 to December 31, 2008. 100% General Funds.
#50 Authorized to enter into an agreement with Transformer Service Inc, Concord, NH, for main switchgear inspection and maintenance services in the amount of $27,545. Effective upon G&C approval through December 31, 2010. 100% Other Funds.
#51 Authorized Edward Domenichello’s request to retain two seasonal docks, add a third seasonal dock to provide 5 slips on frontage, and retain sand placed on an existing beach on property located at Lake Winnipesaukee in Laconia.
#52 Authorized City of Portsmouth’s request to construct a publicly accessible tidal docking structure with amended design consisting of a platform landing constructed in the upland tidal buffer zone, connecting to a ramp, connecting to a float, providing one full-sized slip in the City of Portsmouth on Sagamore Creek.
#53 Authorized Robin W. deCampi Revocable Trust’s request to construct a tidal dock including a permanent pier, connecting to a ramp, connecting to a float, providing one undersized slip on frontage on Little Bay in Durham.
#54 WITHDRAWN – The Agency withdrew Water Wings’ request to construct a tidal dock including a permanent pier, connecting to a ramp, connecting to a float, providing one full-sized slip on frontage on the Salmon Falls River.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Governor and Council acted as follows:
Office
of the Commissioner
#55 Authorized to make a retroactive one-time payment from the State Fiscal Year 2008 funds to Ms. Michele Moreau, Registered Nurse III, NH Hospital, in the amount of $67.42, to compensate for wages that were not paid for the period of April 7, 2007 through June 7, 2007. 68% General, 31% Federal, 1% Other Funds.
Division of Public Health Services
#56 Authorized Bureau of Community Health Services, Maternal and Child Health Section, to amend an agreement with Child Health Services, Manchester, NH (previously approved by G&C on 6-13-07, item #194), to provide funding for the planning and implementation of integrated behavioral health services into office-based pediatric primary care for low income and uninsured children and adolescents, by increasing the price limitation by $75,000 from $196,836 to $271,836. Effective upon G&C approval. 100% General Funds.
#57 Authorized Bureau of Community Health Services, Rural Health and Primary Care Section, to enter into an agreement with Dr. Robert E. Slocum, Portsmouth, NH, to receive reimbursement for payment of educational loans through the State Loan Repayment Program in an amount not to exceed $20,000. Effective upon G&C approval through June 30, 2010. 100% General Funds.
#58 Authorized Bureau of Community Health Services, Maternal and Child Health Section to enter into an agreement with Maureen McCanty, MD, Concord, NH, to serve as Medical Advisor for the Maternal and Child Health Section in an amount not to exceed $4,000. Effective upon G&C approval through June 30, 2009. 93% Federal, 7% General Funds.
Office of Medicaid Business and Policy
#59 Authorized to amend a sole source contract with ACS State Healthcare LLC, Atlanta, GA, (previously approved by G&C on 12-7-05, item #C), for completion of the design, development and implementation of the new NH Medicaid Management Information System, by extending the completion date from January 1, 2008 through January 1, 2009.
#60 Authorized to amend a sole source contract with FOX Systems Inc., Scottsdale, AZ, (previously approved by G&C on 12-1-04, late item #E, amended on 12-12-06, item #119A), for quality assurance services for the State’s Medicaid Management Information System, by increasing the amount by $1,493,475 from $2,977,995 to $4,471,470, and by extending the end date from December 31, 2007 to December 31, 2008. 90% Federal, 10% General Funds.
#61 Authorized to amend a sole source contract with Deloitte Consulting LLP, Pittsburgh, PA (previously approved by G&C on 5-3-06, item #42), to continue to provide system modifications to the New HEIGHTS/Medicaid Management Information System interface subsystem, by increasing the amount by $345,280 from $499,992 to $845,272, and by extending the completion date from June 30, 2008 to June 30, 2009. 90% Federal, 10% General Funds.
Division for Children, Youth & Families
#62 Authorized Head Start State Collaboration Office to make a one-time payment in the amount of $8,000 to Early Learning NH, Concord, NH, to organize and fiscally administer a meeting on early education. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
#62A WITHDRAWN – The Agency withdrew, due to duplication of item #62, the request to enter into a sole source agreement with Early Learning NH to organize and fiscally administer a meeting on early education in the amount of $8,000. Effective January 15, 2008 or upon G&C approval, whichever is later, through June 30, 2008. 100% Federal Funds.
#63 NOT USED
New Hampshire Hospital
#64 Authorized to reclassify position #30886 from Auto Shop Manager, salary grade 17 to Supervisor III, salary grade 23.
#65 NOT USED
DEPARTMENT OF EDUCATION
The Governor and Council acted as follows:
#66 Authorized to enter into a contract with the Brain Injury Association of NH, Concord, NH, to provide independent living services in an amount not to exceed $40,000. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the contract. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#67 Authorized Division of Career Technology and Adult Learning to enter into a contract with Kang Company Inc., Concord, NH, to provide janitorial services in an amount not to exceed $9,600. (2)Further Authorized payment for services rendered and approved in lieu of withholding 25% of the total value of the contract. Effective January 1, 2008 through December 31, 2009. 100% Federal Funds.
#68 Authorized to reclassify position #13106 Secretary II, salary grade 9 ($21,723) to Program Specialist III, salary grade 23 ($37,615.50). 100% Federal Funds.
#69 Authorized to enter into a contract with Pamela Mueller, Contoocook, NH, School Improvement Coach, to provide support and technical assistance in English Language Arts to schools and districts designated as in need of improvement and provide professional development to NH educators in an amount not to exceed $5,000. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#70 Authorized Division of Career Technology and Adult Learning to amend a grant for Staff Development to Second Start, Concord, NH, (previously approved by G&C on 6-13-07, item #445), by increasing the amount from $125,968 by $25,000 to an amount not to exceed $150,968. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
#71 Authorized to enter into a contract with Connie Upschulte, Nashua, NH, School Improvement Coach, to provide support and technical assistance in mathematics to schools and districts and designated as in need of improvement and provide professional development to NH educators in an amount not to exceed $8,000. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#72 Authorized to exercise the renewal option to grant funds to the NH ATECH Services, Concord, NH, (previously approved by G&C on 12-15-04, item #102, amended on 11-2-05, item #84, amended on 12-12-06, item #103) to provide technical assistance and educational support to children and youth with vision and hearing impairments in an amount not to exceed $345,822. Effective January 1, 2008 through December 31, 2008. 100% Federal Funds.
#73 Authorized to enter into a contract with The National Center for the Improvement of Educational Assessment Inc., Dover, NH, to provide technical assistance for the development, implementation, and assurance of technical quality of the state assessment and accountability systems in an amount not to exceed $162,400. (2)Further Authorized payment for services rendered and approved on the basis of invoices which are supported by a summary of activities that have taken place in accordance with the terms of the contract, along with a detailed listing of expenses incurred in lieu of withholding 25% of the total value of the contract. Effective upon G&C approval through June 30, 2008. 100% General Funds.
#74 Authorized to enter into a contract with Plymouth State University, Plymouth, NH, to provide technical assistance to help students make a successful transition from high school to Institutions of Higher Education in NH in an amount not to exceed $193,463. (2)Further Authorized payment for services rendered and approved on the basis of invoices which are supported by a summary of activities that have taken place in accordance with the terms of the contract, along with a detailed listing of expenses incurred in lieu of withholding 25% of the total value of the contract. Effective upon G&C approval through June 30, 2009. 100% Federal Funds.
#75 Authorized to enter into a contract with Plymouth State University, Plymouth, NH, to provide technical assistance to help math teachers in the planning, implementation and evaluation of the mathematics curriculum they provide to students in an amount not to exceed $101,152.37. (2)Further Authorized payment for services rendered and approved on the basis of invoices which are supported by a summary of activities that have taken place in accordance with the terms of the contract, along with a detailed listing of expenses incurred in lieu of withholding 25% of the total value of the contract. Effective upon G&C approval through June 30, 2008. 100% Federal Funds.
NEW HAMPSHIRE LOTTERY COMMISSION
#76 The Governor and Council on motion of Councilor Burton, seconded by Councilor Wieczorek, and with Councilors Shea and Hollingworth voting no, authorized the request to amend the marketing and promotional contract with Griffin York & Krause Inc., Manchester, NH from $1,800,000 in each of Fiscal Years 2008 and 2009 to $1,985,000 in Fiscal Year 2008 and $1,950,000 in Fiscal Year 2009. Effective through June 30, 2010. 100% Other Funds.
DEPARTMENT OF SAFETY
The Governor and Council acted as follows:
#77 Authorized Division of Motor Vehicles to amend a sole source contract with Mareld Company Inc., Nashua, NH, (previously amended by G&C on 12-12-06, item #153B), to house the Motor Vehicles sub-station in Merrimack, by extending the end date from December 31, 2007 to December 31, 2008. 100% Highway Funds.
#78 Authorized to retroactively accept and expend $10,000 of a $5,966,760 federal grant known as “Public Safety Interoperable Communications Grant (PSIC) Program” form the National Telecommunications and Information Administration and the Department of Homeland Security, for management and administration costs associated with activities to incorporate PSIC requirements into Statewide Plans, planning and coordination, and training. Effective April 1, 2007 through December 3, 2007. 100% Federal Funds.
#79 Authorized Division of Fire Standards & Training and Emergency Medical Services to enter into a contract with Controtech Temperature Controls/Energy Management Systems of Keene, NH, to provide annual inspection and maintenance service on the boilers, and HVAC equipment in specific buildings at the Fire Academy in an amount not to exceed $66,566. Effective upon G&C approval through June 30, 2010. 100% Fire and EMS Funds.
#80 Authorized Division of State Police to exercise a lease renewal option with Eula Mitchell, Woodsville, NH, for a portion of real property with right-of-ways to Ayers Mountain for access to State Police communications equipment in the amount of $36,390.39. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2012. 100% Highway Funds.
#81 Authorized Division of State Police to enter into a sole source contract with J.P. Pest Services Inc., Milford, NH, to provide pest control services at Troop A in Epping, Troop B in Milford and Concord in the amount of $3,630. Effective January 1, 2008 or upon G&C approval, whichever is later, through December 31, 2012. 81% Highway, 19% Turnpike Funds.
#82 Authorized Division of Safety Services to amend a sole source contract with Intellectual Technology Inc., Carlsbad, CA, (previously approved by G&C on 5-15-02, item #189, amended on 6-27-07, item #375), for the production of boater education certificate cards, by increasing the contract by $65,000 from $350,000 to $415,000, and by extending the end date from December 31, 2007 to December 31, 2008. 100% Revolving Funds (Navigation Safety Fund).
#83 Authorized Division of Homeland Security and Emergency Management to enter into sub-grant agreements with the six school systems as detailed in letter dated November 29, 2007, for a total of $25,700 to be used for the purchase of emergency supplies. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#84 Authorized Division of Homeland Security and Emergency Management to enter into a grant agreement with the Town of Epsom in the amount of $37,360 for the purpose of activities associated with enhancing local all-hazard planning. Effective upon G&C approval through September 30, 2008. 100% Federal Funds.
#85 Authorized Division of State Police to retroactively amend federal pass-through funds received from the NH Department of Justice in the amount of $40,957, (previously approved by G&C on 3-8-07, item #123, amended on 8-22-07, item #264), for the purpose of purchasing new instrumentation, maintaining existing equipment and training laboratory personnel, by extending the completion date from September 30, 2007 to September 30, 2008. 100% Transfers from other agencies.
#86 Authorized Division of Administration to reclassify position #16711 Counter Clerk II, labor grade 9 to Auditor II, labor grade 12 in the Business Office. 100% Highway Funds.
DEPARTMENT OF TRANSPORTATION
The Governor and Council acted as follows:
#87 Authorized to accept and place on file the Annual Report for the fiscal year ending June 30, 2007.
#88 Authorized to reclassify position #21445 Accountant III, labor grade 21 to Business Administrator II, labor grade 24 in the Division of Operations, Bureau of Turnpikes.
#89 Authorized to reclassify position #20407 Administrator IV, labor grade 33 to Transportation Bureau Administrator, labor grade 34.
#90 Authorized to enter into a contract with A.S.A.P. Fire & Safety Corporation inc., Tyngsboro, MA, for Fire Extinguisher Supply, Inspection and Service in the amount of $3,845. Effective upon G&C approval through June 30, 2010. 100% Turnpike Funds.
#91 Authorized Bureau of Right of Way to redefine access to property owned by Pembroke 600 Corporation, located on US Route 3 in the Town of Pembroke. Effective upon G&C approval.
#92 Authorized Bureau of Right of Way to pay various owners $572,000 as documented in the Contemplated Awards List for amounts greater than $5,000 for the period extending from November 3, 2007 through November 16, 2007. Effective upon G&C approval.
#93 Authorized Bureau of Right of Way to grant Granite State Electric Company permission to install and maintain utility service connections to a parcel of land owned by the Department of Transportation in Salem. Effective upon G&C approval.
#94 Authorized Bureau of Rail & Transit to grant an easement to the City of Manchester for an underground sewer interceptor line and appurtenances on the State-owned Portsmouth Branch railroad corridor in the City of Manchester.
#95 Authorized DOT and the office of Information Technology to enter into a contract with Deighton Associates Ltd., Bowmanville, Ontario, Canada in the amount of $338,789.32 for the purpose of upgrading and updating the DOT’s computer software based Pavement Management System. Effective upon G&C approval through June 30, 2013.
#96 Authorized Bureau of Construction to enter into a contract with SPS New England Inc., Salisbury, MA, on the basis of a low bid of $448,400 for emergency replacement of three counterweight ropes on the lift-span of the Memorial Bridge that carries US Route 1 over the Piscataqua River between Portsmouth, NH and Kittery, ME. (2)Further Authorized that a contingency in the amount of $44,840 be approved for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through May 16, 2008. 80% Federal, 20% Highway Funds.
#97 Authorized Bureau of Construction to enter into a contract with F.L. Merrill Construction Inc., Pembroke, NH, on the basis of a low bid of $2,956,956.20 for roadway rehabilitation on NH Route 25 east of the Warren/Benton town line. (2)Further Authorized that a contingency in the amount of $206,986.93 be approved for payment of latent conditions, which may appear during the construction of the project. Effective upon G&C approval through October 17, 2008. 80% Federal, 20% Highway Funds.
#98 Authorized to amend a contract with Vanasse Hangen Brustlin, Incorporated, Bedford, NH, Watertown, MA, (previously approved by G&C on 1-15-03, item #139), for the preliminary design for the widening of the Spaulding Turnpike in the Town of Newington and City of Dover, by extending the completion date from December 31, 2007 to June 30, 2008.
#99 Authorized Bureau of Environment to enter into a qualifications-based contract with PRIZIM Inc., Bedford, NH, to assist in the development and implementation of environmental management systems at its Division of Operations’ facilities in the amount of $500,000. Effective from the Notice to Proceed following G&C approval through December 11, 2010. 100% Highway Funds.
#100 Authorized Bureau of Bridge Design to amend a contract with Stantec Consulting Services Inc., South Burlington, VT, (previously approved by G&C on 3-22-00, item #158), to complete the design services of the rehabilitation project on the F.E. Everett Turnpike NB & SB bridge over the Souhegan River in Merrimack, NH, by increasing the amount by $131,673.78 from $390,831.99 to $522,505.77 for additional design services, and by extending the completion date from December 28, 2007 to December 31, 2008. 100% Turnpike Funds.
#101 Authorized Bureau of Bridge Design to enter into agreements with Fay, Spofford, & Thorndike, LLC, Bedford, NH, and Hoyle, tanner & Associates Inc., Manchester, NH, and the Maguire Group inc., Portsmouth, NH, for a time and materials fee not to exceed $500,000 for each firm ($1,500,000 total for three agreements) for on-call engineering and/or technical services being undertaken by the Department throughout the state. Effective upon G&C approval through December 31, 2010.
#102 Authorized Bureau of Traffic to amend an agreement with Louis Berger Group Inc., Manchester, NH (previously approved by G&C on 10-20-04, item #115), to develop and implement additional functionalities to the Statewide Travel Demand Model and perform additional traffic analysis for the Salem-Manchester I-93 project, by increasing the amount by $221,446.71 from $588,294.34 to $809,761.05, and by extending the completion date from December 31, 2007 to June 30, 2009. Effective upon G&C approval. 80% Federal, 20% Highway Funds.
DEPARTMENT OF LABOR
#103 Authorized to accept and expend retroactively, federal funds on behalf of the Workforce Opportunity Council Inc., Concord, NH, in the amount of $659,992, to provide direct services to the employees at the Wausau Paper, scheduled for layoff December 31, 2007. Effective November 19, 2007 to June 30, 2009. 100% Federal Funds. Fiscal Committee approved.
The Governor and Executive
Council on motion of Councilor Burton, seconded by Councilor Shea, authorized
the requests:
Requested Tuition Total:
$38,954.35
The Governor and Executive
Council on motion of Councilor Burton, seconded by Councilor Shea, authorized
the requests:
LATE ITEMS
OFFICE
OF THE ADJUTANT GENERAL
A. Authorized Captain Sean P. Bennett,
Concord, NH, be confirmed to the rank of Major, NH Army National Guard.
B. Authorized Captain Tony J. Gagnon,
Manchester, NH, be confirmed to the rank of Major, NH Army National Guard.
Next Governor and Executive Council meeting is scheduled for Wednesday, January 16, 2008 at 10:00 a.m. at the State House, Concord, New Hampshire.
The Honorable Board then Adjourned