GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

                                                                                June 13, 2007, 10:00 a.m.

 

The Governor and Executive Council convened at 10:00 a.m. with all members present.

 

The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Pignatelli, accepted the minutes of May 16, 2007.

 

The Governor and Executive Council on motion of Councilor Hollingworth, seconded by Councilor Wieczorek, accepted the minutes of May 22, 2007.

 

The Governor and Executive Council, on motion of Councilor Shea, seconded by Councilor Hollingworth approved the appointment of several persons nominated for Civil Commissions from the May 16, 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 Shea, voted to set the date for a special election for state representative in Rockingham County District No.14 (Hampton Falls, Kensington, Seabrook, South Hampton).

 

The filing period will begin on June 18, 2007 and end on June 25, 2007.  The primary election will be July 31, 2007.  The special election will be September 4, 2007.

 

RESIGNATIONS

The Governor and Council, with regret, accepted the following

 

Jaffrey-Peterborough District Court: Special Justice

William N. Prigge, Jaffrey                                                                                   Effective:  June 30, 2007

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

Amusement Ride Safety Advisory Board

(Owner of portable amusement rides)

W. Scott Miller, Webster                                                                                    Effective:  June 13, 2007

Vacancy                                                                                                                 Term:  June 13, 2008

 

Amusement Ride Safety Advisory Board

(Operator of permanently placed carnival or amusement rides)

Thomas Morrow, Salem                                                                                      Effective:  June 13, 2007

Vacancy                                                                                                                 Term:  June 13, 2009

 

Director of the Division of Career Technology and Adult Learning: Department of Education

Nominated by the the Department of Education in consultation with the Board of Education

Paul K. Leather, Concord                                                                                    Effective:  June 13, 2007

Reappointment                                                                                                     Term:  June 13, 2011

Salary:  GG maximum $81,984.00

 

Division of Children, Youth and Families Advisory Board

(Coos County)

Catherine P. McDowell, Randolph                                                                    Effective:  June 13, 2007

Vacancy                                                                                                                 Term:  June 13, 2010

 

Fire Standards and Training Commission

Nominated by the Federation of Fire Mutual Aid Association

Kevin Pratt, Raymond                                                                                         Effective:  June 13, 2007

Reappointment                                                                                                     Term:  June 16, 2010

 

New Motor Vehicle Arbitration Board

(Represents Consumers)

John Badger, Newmarket                                                                                    Effective:  June 13, 2007

Succeeding:  Susan Richey, Concord                                                               Term:  March 25, 2010

 

New Motor Vehicle Arbitration Board

(Alternate – knowledgeable in auto mechanics)

George F. Dykstra, Chichester                                                                           Effective:  June 13, 2007

Reappointment                                                                                                     Term:  May 26, 2010

 

Postsecondary Education Commission

(Lay Public)

James M. Fitzgerald, Laconia                                                                             Effective:  June 13, 2007

Succeeding:  Kenneth R. Rhodes, Auburn (resigned)                                   Term:  June 30, 2012

 

Public Utilities Commission

Chairman

Thomas B. Getz, Manchester                                                                             Effective: July 1, 2007

Reappointment                                                                                                     Term: July 1, 2013

Salary: Group JJ maximum, $99,778

 

Railroad Appeals Board

(Legal Profession)

Francis X. Quinn Jr., Rye                                                                                    Effective:  June 13, 2007

Reappointment                                                                                                     Term:  April 23, 2010

 

Interim Commissioner: New Hampshire Community Technical College System

Richard A. Gustafson, Bedford                                                                         Effective:  July 1, 2007

Succeeding:  William Simonton, Concord                                                        Term:  Serves at G&C pleasure Salary:  KK maximum $102,365                                                                                    (RSA 4:5)

 

State-Capital Region Planning Commission

Mark Ciborowski, Concord                                                                                Effective:  June 13, 2007

Succeeding:  Victoria Zachos, Concord                                                           Term:  Serves at G&C pleasure

 

Board of Managers of the NH Veterans Home

(Member of a Chartered Veterans Service Organization)

Richard L. Murphy, Merrimack                                                                          Effective:  June 13, 2007

Reappointment                                                                                                     Term:  June 10, 2010

 

Director of Waste Management: Department of Environmental Services

Nominated by the Commissioner of the Department of Environmental Services (with consultation of Waste Management Council)

Michael J. Wimsatt, Concord                                                                             Effective:  June 13, 2007

Succeeding:  Tony P. Giunta, Franklin                                                             Term:  May 13, 2011

Salary:  HH Step 4: $84,919

 

Water Treatment Plant Advisory Committee

(Nominated by the NH Water Works Association)

Thomas Bowen, Manchester                                                                             Effective:  June 25, 2007

Reappointment                                                                                                     Term:  June 25, 2011

 

NOMINATIONS

The Governor placed into nomination the following:

 

Board of Accountancy

(Public Member)  

Andrea J. Goldberg, Concord                                                                            Effective:  Upon confirmation

Succeeding:  Ellery Hathorn, Manchester (resigned)                                    Term:  September 17, 2008

 

State Committee on Aging

(Merrimack County)

Timothy S. Gormley, (i), Bow                                                                             Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 24, 2010

 

State Committee on Aging

(Cheshire County)

Owen R. Houghton, (i), Jaffrey                                                                          Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 24, 2010

 

State Committee on Aging

(Merrimack County)

Donna D. Woodfin, (d), Concord                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 24, 2010

 

State Apprenticeship Council

(Management)

Philip M. Hamblet, Surry                                                                                     Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 25, 2011

 

Board of Barbering, Cosmetology and Esthetics

(Esthetician)

Leanne F. Lummis, Windham                                                                             Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2012

 

Division of Children, Youth and Families Advisory Board

(Carroll County)

Nominated by the Commissioner of Health and Human Services

Susan Merrell, Wolfeboro                                                                                  Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  3 yrs from confirmation

 

Department of Corrections: Director of the Division of Field Services

Nominated by the Commissioner of the Department of Corrections

Michael McAlister, Loudon                                                                               Effective:  Upon confirmation

Succeeding:  Larry Blaisdell, Littleton                                                              Salary:  GG Step 4  $77,885

Term:  Serves at the pleasure of the Commissioner of the Department of Corrections

 

Department of Corrections: Warden of the Northern NH Correctional Facility

Nominated by the Commissioner of the Department of Corrections

Larry D. Blaisdell, Littleton                                                                                 Effective:  Upon confirmation

Succeeding:  John L. Sanfilippo, Contoocook                                                Salary: Group HH Step 5 $89,388

Term:  Serves at the pleasure of the Commissioner of the Department of Corrections

 

Department of Corrections: Warden of the NH State Prison for Men

Nominated by the Commissioner of the Department of Corrections

Richard M. Gerry, Bow                                                                                        Effective:  Upon confirmation

Succeeding:  Bruce W. Cattell, Berlin                                                               Salary:  Group II Step 4  $89,855

Term:  Serves at the pleasure of the Commissioner of the Department of Corrections

 

Deferred Compensation Commission

(Unclassified employee)

Thomas F. Manning, Manchester                                                                     Effective:  Upon confirmation

Succeeding:  Richard M. Flynn, Dover                                                            Term:  July 15, 2010

 

State Board of Education

(District 2)

Thomas Raffio, Bow                                                                                            Effective:  Upon confirmation

Succeeding:  David Ruedig, Concord (resigned)                                            Term:  January 31, 2009

 

Executive Branch Ethics Committee

Nominated by the State Treasurer

Patricia B. Quigley, (d), Concord                                                                       Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2010

 

Executive Branch Ethics Committee

Deborah Schachter, (d), Concord                                                                      Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2010

 

Board of Registration of Funeral Directors and Embalmers

Susan A. Simonds, Swanzey Center                                                                 Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 13, 2012

 

Director of Administration: Department of Justice

Nominated by the Attorney General

Rosemary Faretra, Concord                                                                                Vacancy

Effective:  July 1, or upon passage of HB 1, whichever is later                    Term:  5 yrs from confirmation

 

Medical Review Subcommittee

(Public Member)

Nominated by the Board of Medicine                                                             

Debra D. Stohrer, Concord                                                                                 Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  1 yr from confirmation

 

Medical Review Subcommittee

(Public Member)

Nominated by the Board of Medicine                             

Linda Tatarczuch, Durham                                                                                 Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  3 yrs from confirmation

 

New Hampshire Motor Vehicle Industry Board

Lloyd H. Freese, Goffstown                                                                               Effective:  Upon confirmation

Reappointment                                                                                                     Term:  January 1, 2011

 

Personnel Appeals Board

Joseph M. Casey, (d), Rochester                                                                      Effective:  Upon confirmation

Reappointment                                                                                                     Term:  June 2, 2010

 

Physical Therapy Governing Board

(Public Member)

Veronique C. Soucy, Hopkinton                                                                        Effective:  Upon confirmation

Succeeding:  Margaret Brand, Hopkinton (resigned)                                    Term:  September 16, 2010

 

Public Employee Labor Relations Board

(Alternate member representing Labor)

Kevin E. Cash, Rochester                                                                                   Effective:  Upon confirmation

Vacancy                                                                                                                 Term:  December 6, 2009

 

Regional Community Technical Colleges Board of Trustees

(Business & Industry)

Harvey D. Hill, Charlestown                                                                               Effective:  July 4, 2007

Vacancy                                                                                                                 Term:  February 17, 2009

 

Rivers Management Advisory Committee

(Historic/Archaeological)

Nominated by the New Hampshire Historical Society

Anne Krantz, Amherst                                                                                        Effective:  Upon confirmation

Succeeding:  Wesley R. Stinson, Concord (resigned)                                   Term:  June 15, 2010

 

University System of New Hampshire Board of Trustees

Richard Ashooh, Bedford                                                                                  Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2011

 

University System of New Hampshire Board of Trustees

Joel W. Maiola, Bow                                                                                           Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2011

 

University System of New Hampshire Board of Trustees

Elizabeth M. Tamposi, Nashua                                                                          Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2011

 

State Veterans Council

Kenneth E. Leidner, Concord                                                                             Effective:  June 30, 2007

Reappointment                                                                                                     Term:  June 30, 2010

 

 

                                BUSINESS FINANCE AUTHORITY

#1            The Governor and Executive Council on motion of Councilor Wieczorek, 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 with respect to the financing of a commercial facility by the Business Finance Authority for Senior Housing of New Hampshire, Inc. located in Meredith, 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 June 13, 2007 AT 10:00 A.M.

IN THE COUNCIL CHAMBER, STATE HOUSE, CONCORD

 

*   *   *   *   *   *   *

 

At 10:35 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 Senior Housing of New Hampshire, Inc. (the “Borrower”) in Meredith, 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, emphasized that the credit of the State was not involved and introduced Ben Sanders of Senior Housing of New Hampshire, Inc.  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 162-1:9 WITH RESPECT TO THE ISSUANCE OF UP TO $24,000,000 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" 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 ISSUANCE OF UP TO $24,000,000 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 $24,000,000 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 acquisition of 11.16 acres of land at Route 3 and Mile Point Road in Meredith, New Hampshire (the “Land”), ii) 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, iii) payment of capitalized interest on the Bonds, iv) funding of a deposit to the Operating Reserve Fund; 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 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 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:  June 13, 2007.

 

 

                                COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

 

#2            Authorized to amend an agreement with the City of Claremont, NH, (previously approved by G&C on 3-22-06, item #8), for the purpose of constructing a child care facility in Claremont, by extending the completion date to June 30, 2008 from June 30, 2007.  100% Federal Funds. 

 

#3            Authorized to amend an agreement with the Town of Littleton, NH, (previously approved by G&C on 5-3-06, item #2), for the purpose of developing affordable elderly housing, by extending the completion date to June 30, 2008 from June 30, 2007.  100% Federal Funds. 

 

#4            Authorized to amend an agreement with the City of Berlin, NH, (previously approved by G&C on 8-3-05, item #9, amended on 4-19-06, item #9), for the purpose of preparing the site to construct affordable elderly housing and retail/commercial space in Downtown Berlin, by extending the completion date to June 30, 2008 from June 30, 2007.  100% Federal Funds. 

 

#5            Authorized to enter into an agreement with the Town of Peterborough, NH, for infrastructure improvements that will assist the Town in construction of a connector road for purposes of access and safety near Monadnock Community Hospital, in the amount of $500,000.  Effective upon G&C approval through December 31, 2009.  100% Federal Funds. 

 

#6            Authorized to enter into an agreement with the Town of Brentwood, NH, for the purpose of supporting the start up operations of a new business, Asphalt Recovery Technologies, in the amount of $500,000.  Effective upon G&C approval through December 31, 2009.  100% Federal Funds. 

 

                                GOVERNOR’S COMMISSION ON DISABILITY

#7            The Governor and Council on motion of Councilor Hollingworth, seconded by Councilor Shea Authorized the request to accept and expend $7,159.60 in Federal Funds to cover a shortfall in salary and benefits for the Client Assistance Program.  Effective upon G&C approval through June 30, 2007.  100% Federal Funds. 

 

                                OFFICE OF ENERGY AND PLANNING

The Governor and Council acted as follows:

 

#8            Authorized to enter into a sole source contract with Lakes Region Planning Commission, Meredith, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues in the amount of $25,849.  (2)Further Authorized to advance the vendor $6,462 to immediately begin work for the first quarter of FY 2008.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#9            Authorized to enter into a sole source contract with Upper Valley Lake Sunapee Regional Planning Commission, Lebanon, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues, in the amount of $23,430.  (2)Further Authorized to advance the vendor $5,857 to immediately begin work for the first quarter of FY 2008.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#10          Authorized to enter into a sole source contract with Nashua Regional Planning Commission, Nashua, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues, in the amount of $24,915.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#11          Authorized to enter into a sole source contract with Rockingham Planning Commission, Exeter, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues, in the amount of $26,539.  (2)Further Authorized to advance the vendor $6,634 to immediately begin work for the first quarter of FY 2008.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#12          Authorized to enter into a sole source contract with Strafford Regional Planning Commission, Dover, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues, in the amount of $25,450.  (2)Further Authorized to advance the vendor $6,362 to immediately begin work for the first quarter of FY 2008.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

#13          Authorized to enter into a memorandum of agreement with the Department of Environmental Services, Concord, NH, for the continued operation of the Granite State Clean Cities Coalition in the amount of $55,000.  Effective July 1, 2007 through June 30, 2009.  100% Federal Funds. 

 

#14          Authorized to enter into a sole source contract with Southwest Region Planning Commission, Keene, NH, for planning assistance and training to municipalities on local, municipal and regional planning issues, in the amount of $25,438.  (2)Further Authorized to advance the vendor $6,359 to immediately begin work for the first quarter of FY 2008.  Effective July 1, 2007 through June 30, 2008.  100% General Funds. 

 

                                OFFICE OF INFORMATION TECHNOLOGY

The Governor and Council acted as follows:

 

#15          Authorized to amend an error in the Fiscal Years as detailed in letter dated May 15, 2007, in the funding for payment to the National Association of State Chief Information Officers, Lexington, KY, (previously approved by G&C on 4-18-07, item #10), for membership in NASCIO for fiscal years 2008 and 2009, to allow payment in June of fiscal years 2007 and 2008, in order to ensure membership full rights as of July 1 for each year.

 

#16          Authorized to amend a sole source contract with Netsmart New York Inc., Great River, NY, for the support and maintenance of the Patient Care System at NH Hospital, by increasing the amount by $395,447 to $1,449,057 and by extending the end date from June 30, 2007 to June 30, 2010.  100% Other Funds. 

 

#17          Authorized to enter into a contract with Software House International Incorporated, Paxton, MA, for software and peripheral services, including support services and maintenance, in the amount of $34,000.  Effective August 31, 2007 through August 30, 2008.  100% Other Funds. 

 

#18          Authorized with Councilor Pignatelli voting no, to retroactively pay Oracle of Chicago, IL, in the amount of $2,125, for training conducted during the period of May 4, 2006 through June 2, 2006.  100% Other Funds. 

 

#19          The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Shea voted to table this item.  The item was then removed from the table for discussion on motion of Councilor Wieczorek, seconded by Councilor Pignatelli.  After discussion, the Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Shea authorized the request to amend a sole source contract with The Medstat Group Inc., Ann Arbor, MI, to provide for ongoing contractor system maintenance and enhancements for the Department of Health and Human Services’ Medicaid Decision Support System, by increasing the amount by $775,480 from $2,902,677 to an amount not to exceed $3,678,157, and by extending the end date from June 30, 2007 to June 30, 2009.  100% Other Funds. 

 

#20          Authorized for the benefit of DHHS to enter into a contract with Interactive Voice Applications Inc., Dallas, TX, to purchase an email based Random Moment Sample service in the amount of $85,000.  Effective upon G&C approval through June 30, 2012