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 Burton,
accepted
the minutes of
The Governor and Executive
Council, on motion of Councilor Spaulding, seconded by Councilor Pignatelli
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 accepted the following:
Human Rights
Commission
John J. Coughlin,
CONFIRMATIONS
The Governor and
Council confirmed the following:
Assistant Commissioner: Department of Administrative
Services
Nominated by the
Commissioner of the Department of Administrative Services
Joseph B. Bouchard,
Vacancy Term:
Salary: Group II
Step 3 ($80,213)
Director:
Division of Plant and Property Management/Department of Administrative Services
Nominated by the
Commissioner of the Department of Administrative Services
Reappointment Term:
Salary: Group GG,
maximum $77,255
Education and Training Officer: Division of Personnel:
Department of Administrative Services
Nominated by the
Director of Personnel
Succeeding: Peter Gamache,
Gilmanton Term:
March 22, 2009
Salary: Group DD,
Step 4 ($59,823)
Maren C. McElwee,
Gilmanton Effective:
Reappointment Term:
(Corporate Aviation)
T. William White,
Reappointment Term:
(Public
Member)
Nancy J. B.
Franklin,
Reappointment Term:
(Commercial
Tourism Industry)
Denise
Meadows,
Succeeding:
Cynthia Reeves,
(
Henry Swan,
Lyme Effective:
Reappointment Term:
Fish and Game Commission
(
Mitchell E.
Kalter, MD,
Succeeding:
Ellis R. Hatch, Jr.,
(Health
Care Insurer)
Beth-Ann
Roberts,
Reappointment Term:
Nominated
by the NH Health Care Association
(Health
Care Provider)
Scott M. Wojtkiewicz, Bedford Effective:
Reappointment Term:
(Law
Enforcement)
Michael
Schwartz,
Succeeding:
Janet Champlin,
Nominated by the
Board of Medicine
(Medical Director)
Robert E. Feder, M.D., Hollis Effective:
Reappointment Term:
James G. Sise, M.D., Keene Effective:
Reappointment Term:
Robert M. Copeland,
Wolfeboro Effective:
Reappointment Term:
Eileen Bartlett,
Epsom Effective:
Succeeding: Tom Prince,
Robert P. Brunton, Wolfeboro Effective:
Succeeding: Ann Grenier,
Hooksett (reached term limit) Term:
Nominated by the NH
Association of Conservation Commission
Deborah Hinman, Acworth Effective:
Reappointment Term:
Robert D. Bussey, Gilmanton Effective:
Term:
Deborah Scire,
Term:
NOMINATIONS
The Governor placed
into nomination the following:
(
John P. McPhail, Bow Effective:
Upon Confirmation
Succeeding: Douglas Cole, Loudon Term:
(Food Distribution Industry)
Mary Ann Kristiansen, Roxbury Effective:
Succeeding: Michael Satzow,
(
Gordon Gray, Groveton Effective:
Upon Confirmation
Succeeding: John Amey,
Succeeding: Raymond McGarty,
Nominated by the Board of Medicine
(Member of the Board of Medicine)
Kevin R. Costin,
Reappointment Term:
(Private Citizen)
Andrew R. Peterson,
Vacancy Term:
4 yrs from confirmation
Alan F. Vangile,
Reappointment Term:
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Spaulding, seconded by
Councilor Griffin and further on a roll call vote as follows: Councilor Burton
– yes, Councilor Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek – yes, and Councilor Pignatelli
– yes, Authorized to hold a Public Hearing to approve an award of
a State Guarantee under RSA 162-A:13-a with respect to
a loan from Ocean National Bank and Infinity Flooring, LLC in Auburn, New Hampshire.
Action will Authorized a Resolution under RSA 162-I:18
to determine the financing will serve a public use, provide public benefit and
is within the policy and authority of the Act.
EXTRACT FROM
THE MINUTES OF THE MEETING OF THE
GOVERNOR AND
COUNCIL HELD ON
COUNCIL
CHAMBER,
* * * * * * *
At approximately
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 Ocean National Bank to Infinity Flooring, 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 Donahue, Senior Credit Officer of the Authority who
briefly explained the project and introduced John Udaloy,
Vice President of Ocean National Bank, and Dan Cote of Infinity Flooring, LLC.
The Governor then repeated that the proceedings were a public hearing and asked
whether any other person wished to speak; there being none, Councilor Spaulding
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 OCEAN NATIONAL
BANK TO INFINITY FLOORING, LLC." and moved its adoption, which was
seconded by Councilor Griffin. There
being no discussion, the Governor called for a vote on the motion. Those voting in favor were: The Governor and
Councilor Burton, Councilor Spaulding, Councilor Griffin, Councilor Wieczorek and Councilor Pignatelli;
those abstaining were Councilor(s): None; and those voting against were
Councilor(s): None. The Governor declared that the resolution was
passed.
* * * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING A STATE
GUARANTEE
UNDER RSA 162-A:13-a WITH RESPECT TO A
LOAN FROM
OCEAN NATIONAL BANK TO
INFINITY
FLOORING, LLC
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 sixty percent (60%) of the principal amount of a loan up to
$1,100,000 from Ocean National Bank to Infinity Flooring, LLC, 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 sixty percent (60%) 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
COMMUNITY
DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:
#2 Authorized under the Community Development Block Grant
program, to amend an existing agreement
#3 Authorized to amend an existing agreement with the City
of Keene, NH, (previously approved by G&C on
#4 Authorized under the Community Development Block Grant
program, to enter into an agreement with the Town of Lancaster, NH, to study
existing conductions at the Grange Wastewater Treatment Facility, related sewer
collection and distribution lines, and storm water drainage lines, in the
amount of $12,000. Effective
upon G&C approval through
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#5 Authorized to accept and expend funds in the amount of
$429,580 from the federal government (National Guard Bureau) to pay for
employee’s salaries, benefits, audit fee, and post retirement costs. Effective upon G&C
approval through
#6 Authorized Jed J. French,
#7 Authorized Roger F. Clements,
#8 Authorized Luis N. Maldonado, Concord, NH, be confirmed to the rank of Lieutenant Colonel, NH Army National Guard.
#9 Authorized Lawrence A. Rea II,
#10 Authorized John E. Bassett,
#11 Authorized to enter into an
amended Military Cooperative agreement with the Federal Government (National
Guard Bureau), (previously approved by G&C on
TREASURY DEPARTMENT
#12 The Governor and Council on motion of Councilor Griffin, seconded by Councilor Spaulding authorized the request to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $7,795.79 to the rightful owners of abandoned or unclaimed funds.
NH DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
#13 The Governor and Council on motion of Councilor Spaulding,
seconded by Councilor Pignatelli authorized the
request to enter into a cooperative agreement with the US Department of
Agriculture, Agricultural Marketing Service to implement the Organic
Certification Cost-Share Program in the amount of #6,000. (2)Further Authorized to accept and expend
funds in the amount of $6,000 from the US Department of Agriculture,
Agricultural Marketing Service. Effective upon G&C
approval through
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#14 Authorized to accept and place on file the list of vendors
that agencies have contracted with for the period of
#15 Authorized the quarterly revised schedule and status report of Capital Budget Projects Authorized under Chapter 226, Laws of 1999; Chapter 32, Laws of 2000; Chapter 132, Laws of 2000; Chapter283, Laws of 2000; Chapter 202, Laws of 2001; Chapter 81, Laws of 2002; and Chapter 240, Laws of 2003.
#15A Authorized to accept and expend $143,066 from the Department of
Safety, Division of Motor Vehicles for operating expenses for the recently
opened addition to the new Division of Motor Vehicles building on Hazen
Dr. Effective upon
G&C approval through
NH BOARD OF ACCOUNTANCY
#16 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Burton authorized the request to amend a sole source agreement with Attorney Tanya Richmond of Crisp & Richmond, Concord, NH, (previously approved by G&C on 4-7-04, item #31, amended on 8-18-04, item #35), by extending the end date from June 30, 2005 to June 30, 2006 and increasing the amount by $10,000 from $26,000 to $36,000. 100% General Funds.
ATTORNEY GENERAL
The Governor and Council acted as follows:
#17 Authorized to expend up to $55,000 from general funds not
otherwise appropriated to cover a shortfall in the Medical Examiner PAU,
autopsy expense class line and transfer $10,000, as specified in letter dated
#18 Authorized to designate Thomas D. Ralph as an attorney at a salary of $60,000 effective upon G&C approval.
#19 Authorized on behalf of the Office of the Chief Medical
Examiner to accept and expend a grant from the NH Department of Safety in the
amount of $10,000 to be used to assist in purchasing equipment for use in
mitigating weapons of mass destruction. Effective upon G&C approval through
#20 Authorized to accept and expend a grant in the amount of
$356,211 from the federal Office of Juvenile Justice and Delinquency Prevention
for Enforcing Underage Drinking Laws.
(2)Further Authorized to enter into sub-grants totaling $332,873 with
the agencies as detailed in letter dated
#21 Authorized to nominate Jean A. Horner, M.D., to serve on the NH Victims’ Assistance Commission. Effective upon G&C approval through three years.
LIQUOR COMMISSION
#22 The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin authorized the request to transfer $306,876, as specified in letter dated April 19, 2005. Fiscal Committee approved.
#23 NOT USED
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as follows:
#24 Authorized to accept donations for the period January –
March 2005 with a total value of $5,627.37, as detailed in letter dated
#25 Authorized to enter into a contract with W. R. Bevans Fire Alarms Incorporated,
EMPLOYMENT SECURITY
#26 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding authorized the request to continue one Secretary II position, salary grade 9 on a full time temporary basis for an additional period through June 30, 2005. 100% Federal Funds.
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as follows:
#27 Authorized Division of Parks and Recreation to transfer
$27,200, as specified in letter dated
#28 Authorized Division of Forest and Lands to accept an allotment of federal funds in the amount of $35,000 for administration of the Federal Forest Legacy Program through September 30, 2006.
#29 Authorized Design, Development, and Maintenance to amend a retroactive sole source contract with
Brandon J. Young, Epsom, NH, for plowing the snowmobile parking lot at Bear
Brook State Park, Allenstown, NH, in the amount of $4,830 by adding $1,800 for
a new total of $6,630. Effective
#30 Authorized to purchase renewal commercial fire insurance
for the Fox Forest Reservation in
#31 Authorized Division of Parks and Recreation to accept a
donation in the amount of $6,650 from the New Hampshire The
Beautiful,
#32 Authorized Division of Parks and Recreation to issue a Special Use Permit to George Antoine, NH Towing Association, Concord, NH, to conduct a Towing Rodeo, May 13-15, 2005 at Hampton Beach State Park , Hampton, NH, for $3,500.
#33 Authorized Division of Parks and Recreation to enter into
an agreement with Longview Inspection, Inc., LaPorte,
TX, for the cable and connection hardware inspection on the Cannon Mountain
Aerial Tramway in Franconia, NH in the amount of $5,600. Effective upon G&C
approval through
The Governor and Council acted as follows:
#34 Authorized to transfer $270,000 from the Fish and Game Fund
Reserve to cover a shortfall in employee benefits, as specified in letter dated
#35 Authorized to enter into a contract with Maple Ridge Septic
System, North Sandwich, NH, for the cleaning of department-owned portable
restrooms for the Squam Lake Boat Access Facility for
an amount not to exceed $4,410. Effective upon G&C approval through
#36 Authorized to enter into a contract with Debra Ryder, dba Thisbe & Shmopp Cleaning Company,
DEPARTMENT OF ENVIRONMENTAL SERVICES
The Governor and Council acted as follows:
#37 NOT USED
#38 Authorized to enter into contracts with the on-call
consultants as detailed in letter dated
#39 Authorized Scot Nickson’s request to fill to construct breakwater, with a gap at the shoreline, and a cantilevered pier connected to a piling pier by a walkway in a “U” shaped configuration with wide access steps on frontage on property located at Lake Winnipesaukee in Alton.
#40 Authorized Richard Ray’s request to fill to construct breakwater in a “dog-leg” configuration, with a gap at the shoreline and a cantilevered pier extending from a cantilevered pier accessed by stairs on frontage on property located at Rattlesnake Island on Lake Winnipesaukee in Alton.
#41 Authorized Vance Sedlar’s request to fill to construct breakwater with a gap at the shoreline and construct a cantilevered pier with three fender pilings spaced apart accessed by stairs on frontage on property located at Lake Winnipesaukee in Alton.
#42 Authorized Steve Barth’s request to fill to construct breakwater in an “L” configuration with a gap at the shoreline and a cantilevered pier connected to a wharf by a cantilevered pier accessed by stairs on frontage on property located at Rattlesnake Island on Lake Winnipesaukee in Alton.
#43 Authorized to enter into an agreement with The Nature
Conservancy, NH Chapter,
#44 Authorized to enter into an agreement with The Nature
Conservancy,
#45 Authorized to enter into an agreement with The Nature
Conservancy,
#46 Authorized to grant the Town of
#47 Authorized to grant the Laconia Pickerel Cove Association,
#48 Authorized to award Local Source Water protection grants to
the entities as detailed in letter dated
#49 Authorized to award Local Source Water protection grants to
the South Main Street Water District,
#50 Authorized to enter into a grant agreement with the City of
#51 Authorized to approve a Supplemental Loan Agreement with the Town of Nottingham, NH, which lowers the Original Loan Agreement by $224,406.96 from $480,000 to $255,593.04, to finance a landfill closure under the provision of RSA 486:14 and NH Admin. Rules Env-C 500. Effective upon G&C approval.
#52 Authorized to approve a Supplemental Loan Agreement with
the Town of
#53 Authorized to approve a Supplemental Loan Agreement with the Town of Exeter, NH, which lowers the Original Loan Agreement by $345,660 from $1,700,000 to $1,354,340 to finance the design of a new surface water treatment facility under the provisions of RSA 486:14 and NH Admin. Rules Env-C 500. Effective upon G&C approval.
#54 Authorized to approve a loan agreement with the City of
#55 Authorized to approve a Supplemental Loan Agreement with
the Town of
#56 Authorized to enter into an Original Loan Agreement between the Department of Environmental Services and Pennichuck East Utility, Inc., in the amount of $750,000 to finance the construction of a new storage tank and associated pump station for the Williamsburg Water System that serves a portion of the Town of Pelham subject to conditions as outlined in documents substantially in the form presented, under the provisions of RSA 486:14 and NH Admin. Rules Env-C 500 and contingent upon the execution of the documentation outlined on the closing agenda.
#57 Authorized to enter into a grant in aid agreement with the
Town of Nottingham, NH, for the Closure of the Town of
#58 Authorized to enter into an agreement with the City of
Franklin, NH, in the amount of $30,000 for the Webster Lake Watershed
Management Plan project. Effective upon G&C approval through
#59 Authorized to enter into an agreement with the
#60 Authorized to enter into a contract with The H.L. Turner
Group Inc.,
#61 Authorized to enter into an agreement with Frank J. Pescinski, dba Pescinski Industrial Painting, Hill, NH, in the amount of
$17,500 for industrial painting services.
Effective through
#62 Authorized to amend a Local Source Water Protection grant
award to the Nashua Regional Planning Commission,
#63 Authorized to enter into an agreement with the Lake Sunapee
Protective Association,
#64 Authorized to amend an agreement with Strafford Regional Planning Commission, Dover, NH, (previously approved by G&C on 9-8-04, item #73), for the purpose of natural resource mapping, by increasing the grant award by $1,045 from $10,000 to $11,045. 100% Federal Funds.
#65 Authorized to enter into a grant agreement with ENSR
Corporation,
#66 Authorized to reclassify position #19740, Air Pollution Control Engineer V, labor grade 28 to an Administrator IV, labor grade 33.
#67 Authorized the Oil Fund
Disbursement Board to budget and expend prior year carry forward funds in the
amount of $22,000 to cover a benefits shortfall for the Department of
Safety. Effective upon
G&C approval through
#68 Authorized to budget and expend additional funds from Water
Users in the amount of $4,000, for streamgaging at
#69 Authorized to retroactively amend an agreement with Normandeau Associates, Inc., Bedford, NH, (previously approved by G&C on 3-10-04, item #18, amended on 12-15-05, item #65), for tidal wetland mapping and assessment, by extending the completion date to September 30, 2005 from January 30, 2005. . 100% Federal Funds.