GOVERNOR AND
EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive
Council convened at
The Governor and Executive
Council on motion of Councilor Wieczorek, seconded by
Councilor Shea, accepted the minutes of
The Governor and Executive
Council, on motion of Councilor Wieczorek, seconded
by Councilor Shea approved the appointment of several
persons nominated for Civil Commissions from the
The Governor placed in nomination the several persons who applied for Civil Commissions.
RESIGNATIONS
The Governor and
Council, with regret, accepted the following
Advisory
Committee for
(Representative
of the Conservation Interests in WMPA)
Jay
Odell, Newfields Effective:
Upon acceptance
Physical
Therapy Governing Board
(Public
Member)
Margaret
Brand, Hopkinton Effective:
Upon acceptance
Recreation
Therapy Governing Board
(Public
Member)
Linda
M. Rodger, Whitefield Effective: Upon
acceptance
Speech-Language
Pathology Governing Board
(Public
Member)
Mariellen
MacKay, Nashua Effective: Upon
acceptance
CONFIRMATIONS
The Governor and Council confirmed the following:
State
Board of Auctioneers
Jay
T. St. Jean,
Succeeding: Evelyn S. Lamprey,
Richard
C. Shelton,
Vacancy Term:
Robert
G. Kline,
Reappointment Term:
Board
of Medicine
Robert
P. Cervenka, M.D.,
Succeeding: Paul Scibetta, O.D.,
Moorings
Appeals Board
Melvin
Borrin, Moultonborough Effective:
Reappointment Term:
Director:
Division of Personnel
Nominated by The Commissioner of Administrative Services
Karen
D. Hutchins,
Succeeding: Karen Levchuk,
Salary: Grade HH Step 2: $75,983
Speech-Language
Pathology Governing Board
Linda
L. Hanrahan,
Succeeding: Debra Hiney,
Traffic
Safety Commission
Frank
R. Dickinson, Ossipee Effective:
Vacancy Term:
Transportation
Appeals Board
(General
Public)
Shawn
M. Donovan,
Vacancy Term:
Transportation
Appeals Board
(Alternate
Member)
Roy
W. Tilsley, Jr.,
Reappointment Term:
TABLED – The
Governor and Council on motion of Councilor Wieczorek,
seconded by Councilor Shea, voted to table the
confirmation of:
Assistant
Commissioner: Department of Safety
Nominated by the
Commissioner of the Department of Safety
Earl
M. Sweeney, Belmont Effective: Upon
Confirmation
Reappointment Term:
Salary: Group JJ Step 5 $99,778
NOMINATIONS
The Governor placed into nomination the following:
Board
of Licensing for Alcohol and Other Drug Abuse Professionals
(Office
of Alcohol and Drug Policy)
Joseph
P. Harding, Chester Effective: Upon
confirmation
Succeeding: Mary Dube, Epsom (reached term limit) Term:
Amusement
Ride Safety Advisory Board
(
Tom
Brady, Jefferson Effective:
Upon
confirmation
Vacancy Term: 2 yrs from confirmation
Amusement
Ride Safety Advisory Board
(Electrical
Engineer)
Tyler
E. Carlisle, Manchester Effective: Upon
confirmation
Vacancy Term: 3 yrs from confirmation
Amusement
Ride Safety Advisory Board
(Insurance
Professional)
Robert
Simpson, Bow Effective: Upon
confirmation
Vacancy Term: 1 yr from confirmation
Assessing
Standards Board
(Public
Member)
Eugene
T. Reed,
Reappointment Term:
Electricians
Board
(Master
Electrician)
Thomas
J. Malley,
Reappointment Term:
NH
Housing Finance Authority
(Experienced
in Construction of Single Family Real Estate)
John
T. Eller, (d), Newbury Effective: Upon confirmation
Succeeding: David Frydman,
Board
of Nursing
Stephany
M. Lavallee, Henniker Effective: Upon
confirmation
Succeeding: Kristine A. Day,
Board
of Nursing
Barbra
Brown, Littleton Effective: Upon
confirmation
Succeeding
Martha S. Danderson, Berlin Term: May 11, 2010
Board
of Nursing
Mertie
L. Potter, Concord Effective: Upon
confirmation
Reappointment Term:
Public
Utilities Commission
Thomas
B. Getz, Chairman,
Reappointment Term:
Salary: Group JJ maximum, $99,778
Real
Estate Appraisers Board
(Public
Member)
Suzanne
M. Foster, Newfields Effective: Upon
confirmation
Succeeding: Sally Sullivan,
Real
Estate Appraisers Board
(Public
Member)
Kevin
A. McCue, Manchester Effective: Upon
confirmation
Succeeding: Michael F. Whiby,
State-Capital
Region Planning Commission
Deborah
de Peyster, Concord Effective: Upon
confirmation
Succeeding: Robert C. Washburn, Concord Term: Serves at G&C pleasure
Department
of Resources and Economic Development Advisory Commission
(Agriculture)
Diane
Souther, (r), Concord Effective:
Upon confirmation
Succeeding: Richard D. Greeley,
Speech
Language Pathology Governing Board
(Public
Member)
Nancy
H. Rescino, Bow Effective: Upon
confirmation
Succeeding: Mariellen Mackay,
Assistant
Commissioner: Department of Transportation
Nominated
by the Commissioner of the Department of Transportation
David
J. Brillhart, Concord Effective: Upon
confirmation
Reappointment Term:
Salary: Group KK maximum, $102,365
Transportation
Appeals Board
(Professional
Engineer)
H.
Edmund Bergeron, North Conway Effective: Upon
confirmation
Reappointment Term:
Volunteer
NH Board of Directors
Lisa
C. Michaud, Manchester Effective: Upon
confirmation
Vacancy Term: 3 yrs from confirmation
Water
Council
(Industrial
Interests)
Christopher
M. Rawnsley, Antrim Effective: Upon
confirmation
Succeeding: Wayne L. Patenaude, Hopkinton Term:
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Burton, seconded by
Councilor Hollingworth and further on a roll call
vote as follows: Councilor Burton – yes, Councilor Shea
– yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli
– yes, authorized to hold a Public Hearing with respect to the
financing of a commercial facility by the Business Finance Authority for Senior
Housing of New Hampshire, Inc. located in
EXTRACT FROM THE MINUTES OF THE MEETING OF
THE
GOVERNOR AND COUNCIL HELD ON
IN THE COUNCIL
CHAMBER, STATE HOUSE,
* * *
* * * *
At
A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE ISSUANCE OF UP TO
$18,500,000 REVENUE BONDS BY THE BUSINESS FINANCE AUTHORITY OF THE STATE OF NEW
HAMPSHIRE TO FINANCE A COMMERCIAL FACILITY FOR SENIOR HOUSING OF NEW HAMPSHIRE,
INC. IN MEREDITH, 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 a commercial facility for Senior
Housing of New Hampshire (the “Borrower”), in Meredith, New Hampshire, by the
Authority’s issuance of up to $18,500,000 in 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 i) the construction of a 90,000
square-foot, 80-unit independent living facility with services, of which 20
units are for people with Alzheimer’s Disease on Mile Point Road in Meredith,
New Hampshire, ii) payment of capitalized
interest on the Bonds, iii) funding of a deposit to the
Capital and Maintenance Reserve Fund; iv) paying a portion of start-up
costs and costs of operation and maintenance during the construction period and
a reasonable period thereafter; and v) paying issuance costs
(collectively, the “Facility” or “Project”).
The Facility is within the definition of “Commercial 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
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 Trust Indenture,
the Loan Agreement, the Mortgage and the other documents to be executed in
connection with the issuance of the Bonds (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 requested.
Section 4. Effective Date.
This Resolution shall take effect upon its passage.
Passed and Agreed to:
#2 The
Governor and Executive Council on motion of Councilor Shea,
seconded by Councilor Wieczorek and further on a roll
call vote as follows: Councilor Burton – yes, Councilor Shea
– yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli
– yes, authorized to hold a Public Hearing to approve an award of
a State Guarantee under RSA 162-A:13 with respect to a
loan from The Business Development Company to Vitex
Corporation or its nominee in Franklin, 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
COUNCIL
CHAMBER,
* * * * * *
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 The Business Development Corporation
to Vitex Corporation or its Nominee and declared that
the public hearing on the subject had commenced. He said that he and the members of the
Council had received written material from the Authority with respect to the
proposed loans and State guarantee. The
Governor then said that the meeting would hear anyone wishing to speak on the
subject and introduced Jack Donovan, Executive Director of the Authority who
briefly explained the project. The Governor then repeated that the proceedings
were a public hearing and asked whether any other person wished to speak; Joes
Haas questioned the certificate required under RSA 162-A:13, III (b). There being no further comments, 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 THE BSINESS
DEVELOPMENT CORPORATION TO VITEX CORPORATION OR ITS NOMINEE." 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: None; and those voting against were: 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
THE BUSINESS
DEVELOPMENT COMPANY TO VITEX CORPORATION
OR ITS NOMINEE
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 eighty percent (80%) of the principal amount of
a loan up to $2,250,000 from The Business Development Company to Vitex Corporation or its nominee 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 eighty percent (80%) 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:
2.
(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
#3 The
Governor and Executive Council on motion of Councilor Burton, seconded by
Councilor Pignatelli and further on a roll call vote
as follows: Councilor Burton – yes, Councilor Shea –
yes, Councilor Hollingworth – yes, Councilor Wieczorek – yes, and Councilor Pignatelli
– yes, authorized to hold a Public Hearing with respect to the
financing of a commercial facility by the Business Finance Authority for Alice
Peck Day Health Systems Obligated Group located in Lebanon, New Hampshire.
Action will Authorized a Resolution under RSA 162-I:9
to determine the financing will serve a public use, provide public benefit and
is within the policy and authority of the Act.
EXTRACT FROM THE MINUTES OF THE MEETING OF
THE
GOVERNOR AND COUNCIL HELD ON
IN THE COUNCIL
CHAMBER, STATE HOUSE,
* * *
* * * *
At
10:45 the Governor announced that the next matter to be considered would be the
financing and refinancing of commercial facility projects by the Business
Finance Authority for Alice Peck Day Health Systems Corp., Alice Peck Day
Memorial Hospital and Alice Peck Day Lifecare Center,
Inc. (collectively, the “Obligated Group”) in Lebanon, New Hampshire and
declared that the public hearing on the subject had commenced. He said that he and the members of the
Council had received the written recommendation of the Authority and other
documentation and information with respect to the project. The Governor said
that the meeting would then hear anyone wishing to speak on the subject. Jack
Donovan, Executive Director of the Authority, briefly explained the project and
emphasized that the credit of the State was not involved. The Governor then
repeated that the proceedings were a public hearing and asked whether any other
person wished to speak; Joe Haas questioned whether the State Treasurer should
be on the BFA Board of Directors. There
being no further questions, Councilor Burton introduced a resolution entitled
"A RESOLUTION UNDER RSA 162-1:9 WITH RESPECT TO FINANCING OF COMMERCIAL
FACILITIES BY THE BUSINESS FINANCE AUTHORITY FOR THE ALICE PECK DAY HEALTH
SYSTEMS CORPORATION, ALICE PECK DAY MEMORIAL HOSPITAL AND ALICE PECK DAY
LIFECARE CENTER, INC. IN LEBANON" and moved its adoption, which was
seconded by Councilor Wieczorek. After discussion of the resolution, the
Governor called for a vote on the motion.
Those voting in favor were: the Governor and Councilor Burton, Councilor
Shea, Councilor Hollingworth,
Councilor Wieczorek, and Councilor Pignatelli; those abstaining were Councilor(s): None; and
those voting against were Councilor(s):
None. The Governor declared that
the resolution was passed.
* * *
* * * *
A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO THE FINANCING
OF COMMERCIAL FACILITIES BY THE BUSINESS
FINANCE
AUTHORITY FOR THE ALICE
PECK DAY HEALTH SYSTEMS CORPORATION,
IN
WHEREAS, the Governor and Council have
received from the Business Finance Authority (the “Authority”) its written
recommendation that the Governor and Council make certain findings and a
determination pursuant to RSA 162-I:9 with respect to the financing and
refinancing of commercial facilities (the “Facilities”) for Alice Peck Day Health
Systems Corporation, Alice Peck Day Memorial Hospital and Alice Peck Day Lifecare Center, Inc. (collectively, the “Obligated Group”)
in Lebanon by the Authority’s issue of Revenue Bonds (Alice Peck Day Health
System Obligated Group Issue) in one or more series (collectively, the “Bonds”)
in an aggregate amount not to exceed $43,000,000 under RSA 162-I (the
“Act”);
WHEREAS, the Governor and Council have
received all the documentation and information with respect to the transaction
which they have requested; and
WHEREAS, further action by the Authority
with respect to the transaction is subject to the passage of this resolution
and cannot be taken until after its passage;
IT IS HEREBY RESOLVED THAT:
Section 1. Findings. On
the basis of the Authority’s recommendation and the documentation and
information received by the Governor and Council, and after a public hearing,
the Governor and Council find:
(a) Special
findings:
(1) The Bonds will be used to
finance and refinance certain projects to be owned or leased and operated by
the members of the Obligated Group. The
Bonds are being issued to refund the Business Finance of the State of New
Hampshire Revenue Bonds (Alice Peck Day Health Systems Obligated Group Issuance)
Series 1999A and Series 1999B (the “Refunded Bonds”) and to finance a new
facility for Harvest Hill (Lifecare) consisting of 69
independent living units and related facilities. The Refunded Bonds financed and refinanced
certain hospital facilities and equipment, acquisition, construction, renovation
and equipping of a 24-unit facility for Harvest Hill (Lifecare)
and refinanced other debt of the Obligated Group. The Project is a
“commercial facility” within the meaning of RSA 162-I:2,
III-a (the “Act”) and may therefore be financed under the Act.
(2) The operation of
the Facility will preserve and create employment opportunities directly and
indirectly within the State of
(b) General
findings:
(1) The Project and
the proposed financing and refinancing of the Project are feasible;
(2) The Borrower has
the skills and financial resources necessary to operate the Facility
successfully;
(3) The LOAN AND TRUST
AGREEMENT for the Bonds (is a combined financing document and security
document, hereinafter called the “Agreement”) contains provisions so that under
no circumstances will the Authority be obligated directly or indirectly to pay
project costs, debt service or expenses of operation, maintenance and upkeep of
the Facility except from Bond proceeds or from funds received under the
Agreement, exclusive of funds received thereunder by
the Authority for its own use;
(4) The Agreement does
not purport to create any debt of the State with respect to the Facility, other
than a special obligation of the Authority acting on behalf of the State under
the Act; and
(5) The proposed
financing of the Project by the Authority and the operation and use of the
Facility will serve one or more needs and implement one or more purposes set
forth in RSA 162-I: 1, will preserve or increase the social or economic
prosperity of the State and one or more of its political subdivisions, and will
promote the general welfare of the State’s citizens.
Section 2. Ultimate Finding and Determination. The Governor and Council find that the
proposed financing, operation and use of the Facility will serve a public use
and provide a public benefit, and the Governor and Council determine that the
Authority’s financing of the Project will be within the policy of, and the
authority conferred by, the Act.
Section 3. Approval. The
Governor and Council approve the Authority’s taking such further action under
the Act with respect to the transaction as may be required.
Section 4. Effective
Date. This resolution shall
take effect upon its passage.
Passed and Agreed to
GOVERNOR’S COMMISSION ON DISBILITIES
#3A The
Governor and Council on motion of Councilor Wieczorek,
seconded by Councilor Burton authorized the request to accept and expend $5,156
in Federal Funds for the Client Assistance Program. Effective upon G&C
approval through