GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive Council convened at
The Governor and Executive Council on motion of Councilor Spaulding, seconded by Councilor Burton,
accepted the minutes of
The Governor and Executive Council, on motion of Councilor Griffin, 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.
The Governor and Executive Council swore into office the following representative-elect:
Hillsborough County
District 1
Gilman Shattuck, d, Hillsborough (
The Governor and Council, on motion of Councilor Pignatelli, seconded by Councilor Wieczorek, voted to set the date for a special election for state representative in Cheshire County District No.3.
The filing period will begin on
RESIGNATIONS
The Governor and Council with regret, accepted the following:
Adult
Parole Board
Larry
Elliott, Hillsborough Effective:
Advisory
Panel on Cancer and Chronic Diseases
(American
Heart Association)
Peter
T. Klementowicz,
Advisory
Panel on Cancer and Chronic Diseases
(
Joseph
F. O’Donnell, Hanover Effective:
Advisory
Panel on Cancer and Chronic Diseases
(National
Junior Registration Association)
Helen
Shaw, Keene Effective:
Juvenile
Parole Board
Reginald
J. Ghiden,
Marital
Mediator Certification Board
C.
Scott Moffett, Glen Effective:
CONFIRMATIONS
The Governor and
Council confirmed the following:
State
Committee on Aging
Violet
Constant (i),
Reappointment Term:
Board
of Licensing of Alcohol and Other Drug Abuse Professionals
(NAADAC)
Thomas
Jordan,
Reappointment Term:
NH
State Council on the Arts
Dorothy
J. Yanish,
Succeeding: Melissa Walker, Madbury Term:
Aviation
Users Advisory Board
(Aviation
Association of NH)
Bruce
Hutchings, Lancaster Effective:
Succeeding: Paul Fleming,
Department
of Environmental Services: Director of Air Resources
Nominated
by the Commissioner of the Department of Environmental Services
Robert
R. Scott, Bow Effective:
Reappointment Term:
Salary: HH Maximum, $84,232
Fire
Standards and Training Commission
(NH
Permanent Firemen’s Association)
Joseph
M. Butts, Allenstown Effective:
Reappointment Term:
Department
of Resources and Economic Development Advisory Commission
Northam
D. Parr, Rumney Effective:
Reappointment Term:
Nominated
by the State Employees Association
Dennis
Kinnan,
Reappointment Term:
Nominated
by the NH Police Association
David
W. Kelley, Hampton Effective:
Succeeding: Craig H. Wiggin, Meredith Term:
University
System of NH Board of Trustees
Edward
C. Dupont,
Reappointment Term:
University
System of NH Board of Trustees
Merle
W. Schotanus, Grantham Effective:
Reappointment Term:
University
System of NH Board of Trustees
Elizabeth
M. Tamposi,
Succeeding:
NOMINATIONS
The Governor placed into nomination the following:
Adult Parole Board
George J. Khoury,
Succeeding: Larry Elliott, Hillsborough (resigned) Term:
Air Resources Council
(Natural Gas Industry)
Debra I. Hale, Hooksett Effective: Upon Confirmation
Vacancy Term:
Ballot Law Commission
(Alternate)
Martin P. Honigberg,
Vacancy Term:
Boxing & Wrestling Commission
Bobby Stephen,
Reappointment Term:
Compensation Appeals Board
(Attorney)
Joseph A. Dickinson,
Reappointment Term:
Compensation Appeals Board
(Attorney)
Reappointment Term:
(Attorney)
Christopher T.
Regan,
Reappointment Term:
Vacancy Term: Upon reaching the age of 70
Vacancy Term:
BUSINESS FINANCE AUTHORITY
#1 The Governor and Executive Council on motion of
Councilor Burton, seconded by
Councilor Spauldingand 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 Cottage Hospital located in
Woodsville, 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
AT
THE STATE HOUSE,
* * * * * * *
At
* * * * * * *
A RESOLUTION UNDER RSA 162‑I:9 WITH RESPECT TO THE FINANCING
OF A COMMERCIAL FACILITY BY THE BUSINESS FINANCE
AUTHORITY FOR COTTAGE HOSPITAL
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 a commercial facility for Cottage Hospital (the “Borrower”) in Woodsville (Town of Haverhill) by the Authority’s issue of $7,600,000 Variable Rate Demand Bonds (the “Bonds”) 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 Project
(which when completed will constitute the “Facility”) consists of the expansion
and remodeling of the Borrower’s main hospital facility located at 90 Swiftwater Road in Woodsville (Town of Haverhill) and
refinancing the Bonds issued by the Authority for the Borrower in 1999. The Project is within the definition of “Commercial facility”
in the Act and may be financed under the Act.
(2) The
establishment and operation of the Facility will either 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 LOAN
AND TRUST AGREEMENT (which 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 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 commercial 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
COMMUNITY DEVELOPMENT FINANCE AUTHORITY
The Governor and Council acted as follows:
#2 Authorized under the Community
Development Block Grant program, to amend an agreement with the City of
Claremont, NH (previously approved by G&C on
#3 Authorized under the Community
Development Block Grant program, to amend an agreement with the Town of
Winchester, NH (previously approved by G&C on
#4 Authorized under the Community Development Block Grant
program, to amend an agreement with the City of Claremont, NH (previously
approved by G&C on 3-24-04, item #16), for the purpose of assisting
Pleasant Valley Estates Cooperative in connecting to the municipal wastewater
system by increasing the price limitation by $325,000 for a new total of
$650,000, and by extending the completion date from
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as follows:
#5 Authorized Agency Software Division and the NH Technical Institute to enter into a memorandum of understanding for the purpose of training information technology staff servicing the NH Department of Environmental Services in newer software development productivity tools. (2)Further Authorized to pay the NH Technical Institute, Center for Training and Business Development, for training services in an amount not to exceed $10,000. 100% Federal Funds.
#6 Authorized to enter into an agreement with Systems &
Communications Sciences, Inc., New Ipswich, NH, for data center mainframe
technical support maintenance, for $5,920,153.
Effective upon G&C approval through three years,
with an option for extension through
#6A Authorized a sole source contract with Information Management Corporation,
#6B Authorized a sole source contract with Software House International,
GOVERNOR’S COMMISSION ON DISABILITY
The Governor and Council acted as follows:
#7 Authorized a salary increment of
$3,346 to Executive Director Carol A. Nadeau.
Effective
#8 Authorized to enter into a lease agreement with McCarthy
Properties, for 3160 square feet of office space at
#9 Authorized to enter into an agreement with Granite State
Independent Living of Concord, NH, for the distribution of telecommunications
equipment in an amount not to exceed $184,500.
Effective
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as follows:
#10 Authorized David C Peterson, North
#11 Authorized Mark W. Leahey,
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as follows:
#12 Authorized the Deferred Compensation Commission to retroactively amend a contract with Aetna Life Insurance & Annuity Co. of Hartford, CT, for the services of an independent analysis of plan performance, by increasing the amount ING pay the Commission from $30,000 to $40,000, and extending the payment date from December 15th, to May 31st, effective January 1, 2005.
#13 Authorized with Councilor Spaulding voting no, to partially waive the State’s
workers’ compensation lien related to John Pillsbury, and allow $26,762.48 to
be returned to the State Funds.
#14 Authorized with Councilor Spaulding voting no, to
partially waive the State’s workers’ compensation lien related to Henry
Bickford, and allow $16,650 to be returned to the State Funds.
#15 Authorized with Councilor Spaulding voting no, to partially waive the State’s workers’ compensation lien related to Richard Joy.
#16 Authorized with Councilor Spaulding voting no, to partially waive the State’s
workers’ compensation lien related to Kimberly Heatherman,
and allow $60,000 to be returned to the State Funds.
#17 Authorized the list of agency transfers Authorized for Fiscal Year 2005 during the month of May.
#18 Authorized Salary Adjustment Fund and Employee Benefit Adjustment Fund and in conformance with the G&C action of January 6, 2005, the agency transfers, as detailed in letter dated June 2, 2005, were Authorized for the month of May.
#19 Authorized Bureau of General Services to contract with Wayn-O’s,
#20 Authorized Bureau of General Services to contract with
Waste Management,
#21 Authorized to contract with Waste Management,
#22 Authorized Bureau of General Services to contract with
Waste Management,
#23 Authorized Bureau of General Services to contract with Mike
Rabbitt Enterprises, LLC,
#24 Authorized to amend a statewide contract with Chem Ware, Inc., NC, (previously approved by G&C on
#25 Authorized Bureau of Court Facilities to enter into a lease
extension with the Town of Hillsborough, NH, for Courtroom and office space in
Hillsborough, NH, in the amount of $34,017.60.
Effective
#26 Authorized Bureau of Court Facilities to enter into a lease
extension with Belknap County, Laconia, NH, for Courtroom and office space in
Laconia, NH, in the amount of $493,390.56.
Effective
#27 Authorized to amend a contract with Connecticut General life Insurance dba Cigna Health Care (previously approved by G&C on 9-19-03, item #1), for State employees and retirees health insurance from June 30, 2005 to July 31, 2005 with an option to extend the contract to August 31, 2005, for a total estimated price of $1,262,403.52 and is based on extending the contract period until August 31, 2005.
#28 Authorized to amend and extend a contract with Delta Dental
Plan of NH, Inc., Concord, NH, for the provision of fully-insured dental
coverage for active state employees and eligible spouses and departments in
accordance with the provisions of RSA 21-I:30 and the State Collective
Bargaining Agreement. Effective
#29 Authorized to enter into a contract with Choicelinx Corporation,
#29A Authorized to amend a contract with York International
Corporation, Norwood, MA, (previously approved by G&C on 6-23-04), for
emergency repair, by increasing the contract by $11,640 from $261,600.08 to
$273,240.08. Effective
#29B Authorized a Working Capital Warrant in the amount of $330,000,000 to cover expenditures for the Month of July 2005. (2)Further Authorized a Working Capital Warrant reporting expenditures of $283,411,237.89 for the Month of May and recommends the balance of $96,588,762.11 be lapsed.
#29C Authorized to exercise an option to renew a contract with
Siemens Building Technologies, Inc.,
#29D Authorized to accept and place on
file the Report and Findings of Councilor Raymond S. Burton with regard to the
financing of land acquisition, construction and furnishing of certain new
facilities, the financing of certain routine capital expenditures and the
refinancing of existing debt in connection with
#29E Authorized Bureau of Court Facilities to enter into a two-year
lease agreement with the Town of Newport, NH, covering office space and courtroom
space in Newport, NH, for the amount of $58,334.40. Effective
#29F Authorized Bureau of Court Facilities to enter into a two-year
lease agreement with Strafford County, Dover, NH, covering office space and
courtroom space in Dover, NH, for the amount of $868,757.76. Effective
#29G Authorized Bureau of Court Facilities to amend a lease agreement with the Town of Henniker, NH (previously approved by G&C on 9-8-04, item #23), for office and courtroom space in Henniker, NH, by extending the ending date of July 1, 2005 through December 31, 2005 for the amount of $8,674.50.
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as follows:
#30 Authorized to reclassify position #42028, Librarian II, labor grade 21, to Program Specialist III, labor grade 23.
#31 Authorized Division of Libraries to pay Currier Chevrolet, Lancaster $152.76 for Fiscal Year 04 invoices. 100% Federal Funds.
#32 Authorized Division of the Arts to
award a Mini Grant to the City of Portsmouth, NH, in the amount of $345. Effective upon G&C
approval through
TREASURY DEPARTMENT
The Governor and Council acted as follows:
#33 Authorized to amend a contract with Kelmar
Associates, LLC, Wakefield, MA, for the purpose of carrying out examinations of
records of any holder or person to determine compliance with RSA Chapter 471-C,
Custody and Escheat of Unclaimed and Abandoned Property, for a price based upon
a contingent fee of 12% of the gross amount identified and remitted to the
state. Effective
#34 Authorized to distribute funds accrued from unclaimed
property in Report Year 2001 to NH Counties and escheat funds to the State per
the schedule as detailed in letter dated
#35 Authorized to deposit as available, funds of the State, in
any banks listed on the schedule as detailed in letter dated
#36 Authorized to enter into a sole source one-year contract extension with Citizens Bank,
(previously approved by G&C on 6-22-99, item #51, amended on 6-23-04, item
#26), in an estimated amount between $900,000 and $1,000,000, to provide
centralized toll processing services for the Department of Transportation,
Bureau of Turnpikes. Effective
#37 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $5,137.28 to the rightful owners of abandoned or unclaimed funds.
#38 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks pursuant to RSA 6:10-c, totaling $300.24 to be issued to Becky J Salazar.
#39 Authorized to accept in the name of the State, a gift having a total value of approximately $1,039 from the NH Banker’s Association.
#39A Authorized to renew a sole source Support Services Agreement
with Wagers & Associates, Inc.,
#39B Authorized a contract with Affiliated Computer Services, Inc.,
Dallas, TX, dba ACS Unclaimed Property Clearinghouse,
Boston, MA, for the purpose of carrying out examinations of records of any
holder or person to determine compliance with RSA Chapter 471-C, Custody and
Escheat of Unclaimed and Abandoned Property.
Effective
#39C Authorized with Councilor Pignatelli
voting no, a sole source contract with Affiliated Computer Services, Inc.,
#39D Authorized a contract with Audit Services, US., LLC,
#39E Authorized a contract
with Abandoned Property Experts, LLC, Ann Arbor, MI, for the purpose of
carrying out examinations of records of any holder or person to determine
compliance with RSA Chapter 471-C, Custody and Escheat of Unclaimed and
Abandoned Property. Effective
DEPARTMENT OF REVENUE ADMINISTRATION
#40 The Governor and Council on motion of Councilor Wieczorek, seconded by Councilor Pignatelli authorized the request to reclassify position #14433, Auditor II, labor grade 12, to a Tax Auditor I, labor grade 16.
BOARD OF TAX AND LAND APPEALS
#41 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Wieczorek authorized the request to enter into a contract with Bragan Reporting Associates, Inc.,
NH BOARD OF ACCOUNTANCY
The Governor and Council acted as follows:
#42 Authorized to budget and expend $35,000 in funds not
otherwise appropriated for prosecution and investigation of legal matters for
the Board. Effective
upon G&C approval through
#42A Authorized with Councilor Pignatelli
voting no, to retroactively amend a sole
source agreement with Attorney Tanya Richmond of Crisp & Richmond,
#42B Authorized with Councilor Pignatelli
voting no, to retroactively amend a sole
source agreement with Jeffrey Graham, CPA of Graham & Graham,
ATTORNEY GENERAL
The Governor and Council acted as follows:
#43 Authorized to reappoint Laura E. Lombardi as an Assistant
Attorney General for a term effective
#44 Authorized to accept and expend a grant in the amount of
$177,992 from the federal Bureau of Justice Assistance for Residential
Substance Abuse Treatment. (2)Further
Authorized to enter into a sub-grant totaling $50,000 with the agency as
detailed in letter dated