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 Pignatelli,
accepted the minutes of
The Governor and Executive
Council, on motion of Councilor Spaulding, seconded by Councilor Burton 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
Paul
W. Hodes, Concord Effective: Upon
acceptance of resignation
Advisory
Committee on Marine Fisheries
Laura
Simmons, North Hampton Effective: Upon
acceptance of resignation
New
Hampshire Municipal Bond Bank
Jeffrey
C. Towne,
Regional
Community Technical Colleges Board of Trustees
Harvey
Hill, Charlestown Effective: Upon
acceptance of resignation
Commission
to Study the State Park System
Timothy
J. Decker, Manchester Effective: Upon
acceptance of resignation
CONFIRMATIONS
The Governor and Council confirmed the following:
State
Committee on Aging
(
Judith
B. Pilliod (r), Belmont Effective:
Reappointment Term:
Assessing
Standards Board
Nominated
by the
Gregory
A. Heyn,
Succeeding: Gary J. Roberge,
Board
of Barbering, Cosmetology and Esthetics
(Barber)
David
Caron,
Succeeding: Frank Coletta,
Community
Development Finance Authority
(Community
Development Organization)
Brian
F. Hoffman, Bedford Effective:
Succeeding: William A. Marcello,
Director
of the Division of
State
Forester: Department of Resources and Economic Development
Nominated by the Commissioner of the Department of
Resources and Economic Development
Philip
A. Bryce, Deering Effective:
Reappointment Term:
Salary: GG maximum $80, 376
Director
of the Division of Parks and Recreation: Department of Resources and Economic
Development
Nominated by the Commissioner of the Department of
Resources and Economic Development
Allison
A. McLean,
Reappointment Term:
Salary: GG Step 4 $76, 359
State
Board for the Licensing and Regulation of Plumbers
(Master
Plumber)
Tedd
P. Evans,
Reappointment Term:
Ports
and Harbors Advisory Council
Donald
L. Stevens,
Succeeding: Anthony Aslanian,
Postsecondary
Education Commission
Nominated
by the
William
J. Farrell,
Reappointment Term:
University
System of
John
D. Crosier,
Reappointment Term:
University
System of
George
Epstein,
Reappointment Term:
NOMINATIONS
The Governor placed into
nomination the following:
Board
of Acupuncture Licensing
(Public
Member)
Katrine
N. Barclay, Franconia Effective: Upon confirmation
Succeeding: Susan Chulyk,
Deputy
Adjutant General
Stephen
C. Burritt, Henniker Effective: Upon confirmation
Succeeding: Joseph K. Simeone, Stratham Term:
Salary: GG Step 3 - $73, 787
Deputy
Commissioner: Banking Department
Robert
A. Fleury, Hopkinton Effective:
Reappointment Term:
Salary: GG Maximum $81, 984
Boxing
and Wrestling Commission
Arthur
J. Nolin, Pembroke Effective: Upon confirmation
Reappointment Term:
Community
Development Finance Authority
(Private
Financial Institution)
Michael
J. Long, Plymouth Effective: Upon confirmation
Reappointment Term:
Community
Development Finance Authority
(Employment
and Training Programs)
Kathleen
M. Moore, Thornton Effective: Upon confirmation
Reappointment Term:
Compensation
Appeals Board
(Employer/Insurer)
Arthur
J. Connelly, Laconia Effective: Upon confirmation
Succeeding: Tom Jordan,
Nominated
by the Commission Members
William
E. Roberts, Hinsdale Effective: Upon confirmation
Succeeding: Bruce Clement, Westmoreland Term:
(Public
Member)
William
B. Cashin, (d), Manchester Effective: Upon confirmation
Reappointment Term:
Director
of Homeland Security and Emergency Management
Nominated by the Commissioner of the Department of
Safety in consultation with the Governor
Christopher
M. Pope, Concord Effective: Upon confirmation
Term: Shall serve at the pleasure of the Governor Salary:
$94, 584
Board
of Medicine
(Public
Member)
Brian
T. Stern, Dover Effective: Upon confirmation
Succeeding: Judith Dickinson,
Barbara Reid, Concord Effective: Upon confirmation
Succeeding: Randy Perkins,
Frederick
W. Welch, Seabrook Effective: Upon confirmation
Reappointment Term:
New
Hampshire Municipal Bond Bank
Katherine
E. L. Chambers, Milford Effective: Upon confirmation
Succeeding: Jeffrey Towne,
Department
of Resources and Economic Development Advisory Commission
(Public
Relations)
Richard
Hamilton, Littleton Effective: Upon confirmation
Reappointment Term:
The
Commission to Study the State Park System
(General
Public)
Allen
R. Damren, Claremont Effective: Upon confirmation
Succeeding: Timothy Decker,
BUSINESS FINANCE AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Griffin, seconded by
Councilor Wieczorek 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 with respect to
the financing of a commercial facility by the Business Finance Authority for
Measured Progress, Inc. located in
EXTRACT FROM THE MINUTES OF THE MEETING OF THE
GOVERNOR AND COUNCIL HELD
IN THE COUNCIL CHAMBER, STATE HOUSE,
* * * * * *
At
* * * * * *
A RESOLUTION UNDER RSA 162-I:9 WITH RESPECT TO
THE ISSUANCE OF UP TO $2,000,000 REVENUE BONDS BY THE BUSINESS FINANCE
AUTHORITY
OF THE STATE OF NEW HAMPSHIRE TO FINANCE A COMMERCIAL FACILITY FOR MEASURED PROGRESS, INC. AND 171 WATSON ROAD OF DOVER HOLDING CORPORATION IN DOVER, 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 Measured Progress, Inc. and 171 Watson Road of Dover Holding Corporation (collectively, the "Co-Borrowers"), in Dover, New Hampshire, by the Authority’s issuance of up to $2,000,000 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) financing amounts previously expended in connection with the construction of a 72,000 square foot processing facility at 400 Sixth Street, Dover, New Hampshire and the construction of a 73,000 square foot office building and related improvements at 100 Education Way, Dover, New Hampshire ("Phase I"); and (ii) financing the construction of an approximately 22,000 square foot two wing addition to the office building at 100 Education Way, Dover, New Hampshire, related costs (architects, engineering, etc.) including reimbursement of amounts previously expended therefore by the Co-Borrowers, issuance costs, and possibly including capitalized interest and/or credit enhancement costs ("Phase II") (collectively, the "Facility" or the "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 Co-Borrowers have the skills and financial resources necessary to operate the Facility successfully.
(3) The Mortgage, Security, Loan and Trust Agreement 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 required.
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 Pigantelli,
seconded by Councilor Burton 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 with respect to the purchase by
the Business Finance Authority of a loan made by Monadnock
Economic Development Corporation Keene Affordable Housing Corporation located
in Keene, NH. 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
considered
would be the purchase by the Business Finance Authority of a loan to be made by
Monadnock Economic Development Corporation 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
purchase of the proposed loan. The
Governor then said that the meeting would hear anyone wishing to speak on the
subject. Michael Donahue, Senior Credit Officer of the Authority,
briefly explained the project and introduced Jack Dugan, Executive Director of Monadnock Economic Development Corporation. The Governor then repeated that the
proceedings were a public hearing and asked whether any other person wished to
speak; there being none, Councilor Pignatelli
introduced a resolution entitled "A RESOLUTION UNDER RSA 162-A:18 AWARDING A LOAN PURCHASE UNDER RSA 162-A:7 WITH RESPECT TO A CERTAIN LOAN TO MONADNOCK
ECONOMIC DEVELOPMENT CORPORATION" 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 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
LOAN PURCHASE UNDER RSA 162-A:10
WITH RESPECT
TO A CERTAIN LOAN FROM
THE
MONADNOCK ECONOMIC DEVELOPMENT CORPORATION TO
MONADNOCK
AFFORDABLE HOUSING CORPORATION
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 purchase and
acquisition by the Authority of a loan in the principal amount of Eighty-Five
Thousand Dollars ($85,000) (the "Loan") made by the Monadnock Economic Development Corporation, a municipal
corporation, organized and existing under the laws of the State of New Hampshire
and a local development organization (the "Lender") to Keene
Affordable Housing Corporation, a New
Hampshire corporation (the "Borrower") to be used to construct a
12,200 square foot facility.
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 authorize and approve the
purchase of the Loan by the Authority 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 purchase of the Loan by the Authority; 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 purchase and
acquisition of the Loan will make available funds for the local or regional
promotion, encouragement, or development of business activities in an area
where such funds are needed; and
(ii) The Loan to be purchased by the Authority
does not impose an undue risk of loss to the Authority.
(b) General Findings.
(i) The purchase of
the Loan by the Authority as proposed will serve a public use and provide a
public benefit.
(ii) The purchase of the Loan by the Authority as
proposed is within the policy of, and the authority conferred by RSA Chapter
162-A.
(iii) The purchase of the Loan by the Authority 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 purchase of
the Loan by the Authority 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 purchase of the Loan by the
Authority as recommended by the Authority and authorize the Authority to cause
the execution and delivery of a Loan Purchase Agreement substantially in the
form submitted to the Governor and Council and to take such further action
under the Act with respect to the transaction as may be required.
3. Effective Date.
This resolution shall take effect upon its passage.
Passed
and Agreed to
OFFICE OF THE GOVERNOR
#3 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Griffin authorized the
request to accept and expend $247,929.13 from the Federal Emergency Management
Agency via NH Office of Emergency Management in order to reimburse eligible
State Active Duty expenses incurred during the October 2005 floods in
Southwestern NH. (2) to
reimburse the Adjutant General’s Department the amount of $247,929.13 as
Federal reimbursement for their State Active Duty expenses incurred during the
October 2005 floods in
GOVERNORS COMMISSION ON DISABILITY
#4 The Governor and Council on motion of Councilor Burton, seconded by Councilor Spaulding authorized the request to transfer $14,000 to replace worn out and broken furniture and equipment for the period ending June 30, 2006. Effective upon G&C approval. Fiscal Committee approved.
OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as
follows:
#5 Authorized to enter into a contract with Applied Geographics Inc.,
#6 Authorized to enter into a sole source contract with Southwest Region Planning Commission,
#7 Authorized to enter into a sole source contract with Nashua Regional Planning Commission,
#8 Authorized to enter into a sole source contract with Lakes Region Planning Commission,
#9 Authorized to enter into a sole source contract with Upper Valley Lake Sunapee Regional
Planning Commission,
#10 Authorized to enter into a sole source contract with North Country Council,
#11 Authorized to enter into a sole source contract with Rockingham Planning Commission,
#12 Authorized to enter into a sole source contract with Southern NH Planning Commission,
#13 Authorized to enter into a sole source contract with Central NH Regional Planning Commission,
#14 Authorized to enter into a sole source contract with Strafford Regional Planning Commission,
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as
follows:
#15 Authorized transfers in the amount of $40,000 as detailed
in letter dated
#16 Authorized to accept a contract with The MedStat Group Inc.,
#17 Authorized to accept a gift of services from Microsoft
Inc.,
#18 Authorized to enter into a contract with Akibia Inc.,
#18A Authorized with Councilor Pignatelli
voting no, to enter into a sole source retroactive contract with
Software House International,
#18B Authorized with Councilor Pignatelli
voting no, to enter into a sole source retroactive contract with MultiProcess Computer Corporation,
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as
follows:
#19 Authorized Brian C. Elbert,
#20 Authorized Richard F. Oberman,
#21 Authorized Stephen C. Burritt,
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as
follows:
#22 Authorized to exercise the option to renew a contract for
three months with Class Act Cleaning Service LLC,
#23 Authorized Centralized Mailing Distribution, to enter into
a contract with NH Mailing Services, Inc.,
#24 Authorized Bureau of Court Facilities to enter into a
twelve-month hold over amendment with Dusty’s
Transportation Inc.,
#25 Authorized Bureau of Court Facilities to enter into a
one-year inter-agency rental agreement with the Department of Health and Human
Services, Concord, NH, providing their Division of Juvenile Justice Services
staff with office space located in the Nashua District Court, Nashua, NH for a
total amount of $8,280. Effective
#26 Authorized Bureau of Court Facilities to enter into a
nine-month hold over amendment with the Town of Colebrook, NH, for office and
courtroom space for a total cost not to exceed $7,481.25. Effective
#27 Authorized Bureau of Court Facilities to enter into a
six-month hold over amendment with Sals Kitchen
Realty, Salem, NH, for office and courtroom space for a total cost not to
exceed $33,219.36. Effective
#28 Authorized to pay the National Association of State Budget
Officers,
#28A Authorized to amend an agreement with the Local Government
Center HealthTrust, LLC, to provide administrative services related to the
State’s participation in the Medicare Retiree Prescription Drug Subsidy Program
for an amount not to exceed $300,000. Effective upon G&C approval through
#28B Authorized a Working Capital Warrant in the amount of $400,000,000 to cover expenditures for the Month of July 2007. (2)Further Authorized a Working Capital Warrant reporting expenditures of $306,073,249.09 for the Month of May and recommends the balance of $83,926,750.91 be lapsed.
#28C Authorized to exercise an option to renew a contract with Kang
Company Inc., Concord, NH, (previously approved by G&C on 4-6-05, item
#22), for janitorial services at Londergan Hall,
Johnson Hall, Spaulding Hall and Records and Archives, by increasing the amount
from $133,000 to $244,000. Effective
#28D Authorized to accept and place on file the list of agency transfers for Fiscal Year 2006 during the month of May.
#28E Authorized Salary Adjustment Fund and Employee Benefit Adjustment Fund transfer for the month of May.
#28F Authorized Bureau of Public Works Design and Construction to
enter into a contract with D.L. King & Associates Inc., Nashua, NH, for
mold remediation and restoration for North Hall, NH Technical Institute, Concord,
NH, for a total not to exceed $174,000. Effective upon G&C approval through
#28G WITHDRAWN – The
agency withdrew the request of the Bureau of Court Facilities to enter into a
lease agreement with the City of
#28H Authorized Bureau of Public Works Design and Construction to
amend a contract with Harvey Construction Corporation of NH, Bedford, NH,
(previously approved by G&C on 9-5-04, item #168), for the Readiness Center
Addition/Renovations, State Military Reservation, Concord, NH, by increasing
the amount by $221,704 from $10,714,553.52 to $10,936,257.52. Effective upon G&C
approval through
#28I Authorized Bureau of Public Works Design and Construction to
amend a sole source contract with
Harvey Construction Corporation of NH, Bedford, NH, for an addition to the
Readiness Center State Military Reservation, Concord, NH, by increasing the
amount by $3,589,780 from $10,936,257.52 to $14,526,037.52. Effective upon G&C
approval through
TREASURY DEPARTMENT
The Governor and Council acted as
follows:
#29 Authorized with Councilor Wieczorek
voting no, to enter into a five-year
contract with Citizens Bank,
#30 Authorized Abandoned Property Division to distribute funds accrued from unclaimed property in Report Year 2002 to NH Counties and escheat funds to the State in the total amount of $3,969,341.
#31 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $86,357.46 to the rightful owners of abandoned or unclaimed funds. 100% General Funds.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as
follows:
#32 Authorized Division of Historical Resources to establish a
Full Time Temporary position for one Historian, labor grade 24. (2)Further Authorized to accept and expend a
grant from the US Department of Housing and Urban Development for the
reconstruction, use, administration and maintenance of the first NH State House
built in 1758, in the amount of $248,000.
Effective upon G&C approval through
#33 Authorized Division of the Arts, to grant an award in the
amount of $19,500 to the New England Foundation for the Arts, Boston, MA for
the subsidized funding of NH Artists and Presenters. Effective upon G&C
approval through