GOVERNOR AND
EXECUTIVE COUNCIL MINUTES
Crotched
Mountain,
The Governor and Executive
Council convened at
The Governor and Executive Council on motion of Councilor Spaulding,
seconded by Councilor Wieczorek, accepted the minutes
of
The Governor and Executive
Council, on motion of Councilor Wieczorek, seconded
by Councilor Spaulding 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.
CONFIRMATIONS
The Governor and Council confirmed the following:
State Committee on Aging
(
Dorothy Solomon , (d),
Reappointment Term:
State Apprenticeship Council
(Employees)
Dennis Adams,
Reappointment Term:
State Apprenticeship Council
(Employers)
Gerard D. Perron, New
Reappointment Term:
State Board of Auctioneers
(Public Member)
Ashton E. Welch,
Succeeding:
Marilyn Hoffman,
Aviation Users Advisory Board
(Airline)
Edward A. Schmidt,
Succeeding:
Wesley J. Lundquist,
Board of Hearing Care Providers
(Audiologist)
Dwight R.
Succeeding: James
O’Day, Somersworth (reached term limit) Term:
Joint Promotional Program Screening Committee
Nominated by the
(Lodging)
Cynthia Foster, Glen Effective:
Succeeding:
Stephen Barba,
Rochester District Court Special Justice
Susan W. Ashley, Strafford Effective:
Vacancy Term:
Until 70 yrs of age
State Lottery Commission
Paul Holloway,
Reappointment Term:
Board of Natural Scientists
Thomas A. Peragallo, Rindge Effective:
Succeeding: James
Long, Lee (reached term limit) Term:
Board of Nursing
Karen L. Baranowski, DNSc, RN,
Succeeding:
Thomas Bloomquist, Bow Term: May 10, 2009
Railroad Appeals Board
(General Public)
Benjamin Clark,
Reappointment Term:
State Veterans’ Council
Paul L. Bernard,
Succeeding:
Margaret W. Nally,
Board of Managers of the NH Veterans’ Home
(American Legion Auxiliary)
Sandra A. Jenkins,
Succeeding: Wanda
Furbish,
NOMINATIONS
The Governor placed into
nomination the following:
State
Committee on Aging
(
Judith
B. Pilliod (r), Belmont Effective:
Reappointment Term:
Assessing
Standards Board
Nominated
by the
Gregory
A. Heyn, Milford Effective: Upon
confirmation
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: Upon
confirmation
Succeeding: William A. Marcello,
Fish
& Game Commission
(
Patricia
I. Costa (i), Center Barnstead Effective:
Reappointment Term:
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
Phillip
A. Bryce, Deering Effective: Upon
confirmation
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, New London Effective: Upon
confirmation
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, Rye Effective: Upon
confirmation
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:
BUSINESS FINANCE
AUTHORITY
#1 The
Governor and Executive Council on motion of Councilor Burton, 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 to approve 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 Chittenden Bank and Genfoot
America, Inc. and GFA Realty, Inc. in Littleton, New Hampshire. Action will
authorize 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 11:00 a.m., the
Governor announced that the next matter to be 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 Chittenden
Bank to Genfoot America, Inc. and GFA Realty, Inc.
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 Chris Lyon of Chittenden Bank.
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-A:18 AWARDING A STATE GUARANTEE UNDER RSA 162-A:13 WITH RESPECT TO A LOAN FROM CHITTENDEN BANK TO GENFOOT AMERICA, INC AND
GFA REALTY, INC." and moved its adoption, which was seconded by Councilor
Spaulding. 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
CHITTENDEN
BANK TO GENFOOT AMERICA, INC AND GFA REALTY, INC.
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 seventy-five percent (75%) of
the principal amount of a loan up to $2,000,000 from Genfoot
America, Inc. and GFA Realty, Inc. 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 seventy-five percent (75%) 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 to amend a grant agreement with the Town of
#3 Authorized under the Community
Development Block Grant Program, to enter into an agreement with the City of
Berlin, NH, for the purpose of supporting the relocation of the warehouse
division of Isaacson Structural Steel to the
GOVERNOR’S COMMISSION ON DISABILITY
#4 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Spaulding authorized the request to accept and expend
federal funds in the amount of $5,500 from the US Department of Education to
fully fund the Client Assistance Program’s benefits. Effective upon G&C
approval through
OFFICE OF ENERGY AND PLANNING
The Governor and Council acted as
follows:
#5 Authorized to accept and expend federal funds in the amount
of $50,000 from the US Environmental Protection Agency to fund the Strategic
GIS Plan Project. Effective
upon G&C approval through
#6 Authorized to enter into a contract with Michael Blasnik,
OFFICE OF INFORMATION TECHNOLOGY
The Governor and Council acted as
follows:
#7 Authorized to pay an unencumbered outstanding invoice
from State Fiscal Year 2003 using State Fiscal Year 2006 funds. The vendor, Software House International will
be paid $6,195 for one BIM-Alert Yearly Subscription and one BIM-FAQs Yearly Subscription for the period of
#8 Authorized to accept the assignment of a contract with
SSA Global Technologies Inc., Chicago, IL, (previously approved by G&C on
January 15, 2003, item #40), from the NH State Liquor Commission for
maintenance and support of the agency’s financial operations software. (2)Further Authorized to
enter into a sole source contract
amendment with SSA for technical support and maintenance for the Masterpiece
financial system operations software at the NH Liquor Commission, by increasing
the amount by $42,444 from $56,903 to $99,347, and by extending the end date
from
#9 Authorized with Councilor Pignatelli
voting no, to enter into a retroactive Training Agreement with Sun
Microsystems Inc.,
#10 Authorized with Councilor Pignatelli
voting no, to enter into a retroactive Training Agreement with Sun
Microsystems Inc.,
#11 Authorized with Councilor Pignatelli
voting no, to enter into a sole source retroactive contract with
Software House International,
#11A Authorized to amend an existing contract on a sole source basis with New Horizons Software, Inc., Lowell, MA, (previously approved by G&C on 2-9-05, item #71, amended on 8-31-05, item #8A), to provide information technology staff for an IT project at the Department of Health and Human Services, by extending the end date of the contract from June 30, 2006 to June 30, 2007, and by increasing the amount by $122,000 from $782,000 to an amount not to exceed $904,000. 100% Other Funds.
OFFICE OF THE ADJUTANT GENERAL
The Governor and Council acted as
follows:
#12 Authorized Stephen C. Burritt,
#13 Authorized Richard F. Oberman,
#14 Authorized Jeffrey R. Cole, South
#15 Authorized to enter into a memorandum of agreement with the
Department of Fish and Game to perform Habitat Management and Monitoring of the
Concord Municipal Airport Conservation Zones in the amount of $203,325. Effective upon G&C
approval through
#16 Authorized to accept donations of equipment repairs &
parts, computer hardware, technical support landscaping materials and lawn care
in the amount of $14,322.60 for the NH State Veterans Cemetery to be used for
the betterment of the cemetery as detailed in letter dated
#17 Authorized to accept and expend monetary contributions in
the amount of $685 received during the period of
DEPARTMENT OF ADMINISTRATIVE SERVICES
The Governor and Council acted as
follows:
#18 Authorized to accept and place on file the Fifty Fifth Annual Report for the Division of Personnel of the Department of Administrative Services.
#19 Authorized Bureau of Court Facilities to enter into a lease
renewal with Merrimack County, Concord, NH, for space in the Merrimack County
Administration Building, Concord, NH for a total amount of $281,538.96. Effective
#20 Authorized Bureau of Court Facilities to enter into a retroactive lease renewal agreement
with the
#21 Authorized Bureau of Court Facilities to enter into a lease
renewal with the City of Keene, NH, for space in City Hall for a total amount
not to exceed $99,406.34. Effective
#22 Authorized Bureau of Court Facilities to enter into a lease
renewal with Merrimack County, Concord, NH, for space in the Merrimack Superior
Court for a total amount of $788,767.92.
Effective
#23 Authorized to accept and place on file the Report and
Findings of Councilor Peter J. Spaulding with regard to the financing of
construction, renovation, furnishings, equipping of certain new and existing
facilities and financing of certain routine capital expenditures in connection
with
#24 Authorized to accept and place on file the adjustments to
agency’s quarterly allotments for the period through
#25 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Wesfield Construction
Co Inc., West Chesterfield, NH, for Library Addition and Renovations at NH
Community Technical College Claremont, NH for an amount not to exceed
$1,758,204. Effective
upon G&C approval through
#26 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Park Lane Construction & Development
Corporation, Clyde, NY for Low Bid of Salt Storage Buildings Statewide located
in, Ashland, Thornton and Enfield, for the lump sum price of $1,159,573. Effective upon G&C
approval through
#27 Authorized Bureau of Public Works Design and Construction
to enter into a contract with Advanced Building Systems Inc., Salem, NH, for
the Limited Facility Asbestos Abatement for Glencliff
Home for Elderly, Benton, NH, for the lump sum price of $258,683. Effective upon G&C
approval through
DEPARTMENT OF AGRICULTURE, MARKETS &
FOOD
The Governor and Council acted as
follows:
#28 Authorized Division of Animal Industry to amend a cooperative agreement for the Bovine Spongiform Encephalitis Surveillance (previously approved by G& Con 1-26-06, item #20), in the amount of $26,500 by extending the completion date retroactive to December 31, 2006 from March 31, 2006.
#29 Authorized Division of Animal Industry to amend a cooperative
agreement for the Scrapie Disease Surveillance
(previously approved by G&C on
DEPARTMENT OF CULTURAL RESOURCES
The Governor and Council acted as
follows:
#30 Authorized Division of Historical Resources to budget and carry forward funds in the amount of $9,000 from a federal ISTEA grant through the Department of Transportation (previously approved by G&C on 8-9-00, item #47, amended on 3-19-03, item #41). 100% Other Funds.
#31 Authorized to enter into a contract with Conant Custom Brass Restoration,
#32 Authorized Division of Arts to commission, Jonathan Clowes, Walpole, NH, to create a sculpture for the John H Sununu Youth Services Center, Manchester, NH in the amount of $15,000. Effective upon G&C approval. 100% Other Funds.
#33 Authorized with Councilor Pignatelli
voting no, to make a retroactive unencumbered payment to
TREASURY DEPARTMENT
The Governor and Council acted as
follows:
#34 Authorized to deposit as available, funds of the State, in
any banks listed on the schedule as detailed in letter dated
#35 Authorized to enter into an agreement with BondLogistix LLC,
#36 Authorized to issue a warrant from funds not otherwise appropriated and the State Treasurer to issue checks in the amount of $23,930.15 to the rightfult owners of abandoned or unclaimed funds that. 100% General Funds.
DEPARTMENT OF REVENUE
#37 The Governor and Council on motion of Councilor Burton, seconded by Councilor Griffin authorized the request to enter into a sole source contract amendment with Real Data Corporation, Manchester, NH (previously approved by G& Con 11-7-01, item #17A), for computer software maintenance, reporting, and technical assistance by increasing the amount by $453,000 from $751,000 to an amount not to exceed $1,204,000, and by extending the end date from Sept 30, 2006 to September 30, 2009 upon G&C approval. 100% General Funds.
ATTORNEY GENERAL
The Governor and Council acted as
follows:
#38 Authorized to reclassify position #10335 from legal Secretary III, labor grade 13, to Paralegal II, labor grade 19, within the Civil Bureau of the Department of Justice. Effective upon G&C approval.
#39 Authorized with Councilor Pignatelli
voting no, to retroactively reappoint David A. Rienzo
as an Assistant Attorney General for a five year term effective
#40 WITHDRAWN – The
agency withdrew the request to retroactively
reappoint Allison P. Vachon as a Criminal Justice
Investigator for a five year term effective
#41 Authorized with Councilor Pignatelli
voting no, to retroactively reappoint Kevin J. McCarthy as a Criminal Justice Investigator
in the Drug Task Force, NH Department of Justice for a five year term effective
#41A Authorized to reclassify position #10321 held by Terry Knowles from Charitable Trust Coordinator, labor grade 26 to Assistant Administrator labor grade 29 within the Charitable Trusts Unit of the Department of Justice. Effective upon G&C approval.
EMPLOYMENT SECURITY
The Governor and Council acted as
follows:
#42 Authorized to enter into a contract with Charlestown Property
Maintenance Specialists, LLC,
#43 Authorized to retroactively amend a contract with Pelmac Industries Inc., Auburn, NH, (previously approved by G&C on 12-7-05, item #32), for the installation of a protective signaling system at NHES’s Concord administrative office building, Concord, NH, by extending the completion date to December 31, 2006 from March 31, 2006. 100% Federal Funds.
#44 Authorized to enter into a contract with Economy Plumbing
& Heating d/b/a Controtech Temperature Controls,
#45 Authorized to enter into an agreement with the Workforce
Opportunity Council Inc.,
DEPARTMENT OF CORRECTIONS
The Governor and Council acted as
follows:
#46 Authorized to accept and expend a grant administered
through the NH Department of Education, Bureau of Adult Education to be used to
assist in furthering the education of female inmates during their incarceration
at the NH State Prison for Women in
#46A Authorized to enter into a contract with an estimated cost not
to exceed $3,400,000 with
#46B Authorized to enter into a contract with an estimated cost not
to exceed $700,000 with
LIQUOR COMMISSION
The Governor and Council acted as
follows:
#47 Authorized to amend a contract with Hammar
& Sons Inc.,
#48 Authorized to enter into a five year lease at no rental
cost, with NH Stories Inc., d/b/a NH Made, Andover, NH, for lease of a room in
the Liquor Store on Interstate 95-North, in Hampton, NH. (2)Further Authorized to enter into a five
year lease at no rental cost with NH Stores Inc., d/b/a NH Made, Andover, NH,
for lease of a room in the Liquor Store on Interstate 95-North, in Hampton,
NH. Effective upon
G&C approval through
NH COMMISSION FOR HUMAN RIGHTS
#49 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Spaulding authorized the request to budget and expend
prior year unexpended federal revenues, received from the US Equal Employment
Opportunity Commission in the amount of $1,100.
Effective upon G&C approval through
PUBLIC UTILITIES COMMISSION
#50 The Governor and Council on motion of Councilor Spaulding, seconded by Councilor Burton authorized the request to reclassify position #14361 from a Utility Analyst III, salary grade 28 to a Senior Hearings Examiner, salary grade 34, at the Public Utilities Commission. Effective upon G&C approval. 100% Other Funds.
OFFICE OF THE CONSUMER ADVOCATE
#51 The Governor and Council on motion of Councilor Burton,
seconded by Councilor Spaulding authorized the request to enter into a contract
with Susan M. Baldwin of
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT
The Governor and Council acted as
follows:
#52 Authorized with Councilor Pignatelli
voting no, to enter into a retroactive sole source contract with Ossipee Mountain Electronics Inc.,
#53 Authorized to extend the Rapid Response Grant from the
Workforce Opportunity Council Inc., from
#54 Authorized Division of Forests and Lands to enter into a contract with The Nature Conservancy to provide ecological services in support of the NH Natural Heritage Bureau for an amount not to exceed $145,000. Effective upon G&C approval through June 30, 2007 with an option for renewal from July 1, 2007 through June 30, 2009, subject to G&C approval. 100% Other Funds.
#55 Authorized two employees from the Division of Forests and Lands to travel to New Lisbon, NJ for seven days of out-of-state travel status retroactively from March 19, 2006 to March 25, 2006 via State vehicle beyond 300 miles one way for the purpose of attending a wildland fire origin and cause determination training program for a total cost of $507.65. 100% Federal Funds.
#56 Authorized Division of Parks and Recreation to enter into a
service agreement with J.K. Lynch Disposal, Colebrook, NH, for rubbish removal
and disposal at four state parks in the amount of $17,466.12. Effective
#57 Authorized Division of Parks and Recreation to enter into a
service agreement with Pinard Waste System Co., Inc.,
Manchester, NH for rubbish removal and disposal at two state parks in the
amount of $5,070. Effective
#58 Authorized Division of Parks and Recreation to enter into a
service agreement with E.L. Harvey & Sons, Tyngsboro, MA, for rubbish
removal and disposal at four state parks in the amount of $46,704. Effective
#59 Authorized Division of Parks and Recreation to enter into a
service agreement with Sebastian Septic Service, Milton, NH, for septic pumping
and disposal at two state park facilities in the amount of $6,105.60. Effective
#60 Authorized Division of Parks and Recreation to enter into a
service agreement with North Conway Incinerator Services Inc., Center Conway,
NH, for rubbish removal and disposal at two state parks in the amount of $2,635.20. Effective
#61 Authorized Division of Travel and
Tourism Development to award a grant to the Lake Sunapee Region Chamber of
Commerce,