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.