GOVERNOR AND EXECUTIVE COUNCIL MINUTES

                                                                                State House, Concord, New Hampshire

                                                                                August 23, 2006, 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 Wieczorek, seconded by Councilor Burton, accepted the minutes of August 9, 2006.

 

The Governor and Executive Council, on motion of Councilor Burton, seconded by Councilor Spaulding approved the appointment of several persons nominated for Civil Commissions from the August 9, 2006 meeting.

 

The Governor placed in nomination the several persons who applied for Civil Commissions.

 

CONFIRMATIONS

The Governor and Council confirmed the following:

 

Adult Parole Board

Alan Coburn, Manchester                                                                                  Effective:  August 23, 2006

Succeeding:  Thomas Winn, Ashland (reached term limit)                           Term:  July 1, 2011

 

Adult Parole Board

Donald Laroche, Berlin                                                                                       Effective:  September 29, 2006

Reappointment                                                                                                     Term:  September 29, 2011

 

Board of Dental Examiners

Stacy Plourde, Hooksett                                                                                     Effective:  August 23, 2006

Succeeding:  Debra A. Albrecht, Keene (resigned)                                       Term:  July 26, 2008

 

Fire Standards and Training Commission

(NH State Firemen’s Association)

Alfred W. Burbank, Jr., Thornton                                                                     Effective:  August 23, 2006

Reappointment                                                                                                     Term:  August 1, 2009

 

Invasive Species Committee

(Environmental Interests)

Douglas A. Bechtel, Concord                                                                            Effective:  August 23, 2006

Reappointment                                                                                                     Term:  August 9, 2009

 

Invasive Species Committee

(Public Member)

Deborah Lievens, Londonderry                                                                        Effective:  August 23, 2006

Reappointment                                                                                                     Term:  August 9, 2009

 

Joint Promotional Program Screening Committee

(Skiing)

Nominated by the New Hampshire Travel Council

Kathleen Bennett, Madison                                                                               Effective:  August 23, 2006

Reappointment                                                                                                     Term:  July 13, 2009

 

Board of Landscape Architects

Douglas H. Griener, Salisbury                                                                            Effective:  August 23, 2006

Vacancy                                                                                                                 Term:  August 23, 2008

 

 

Board of Landscape Architects

R. Gordon Leedy, Jr., Amherst                                                                           Effective:  August 23, 2006

Vacancy                                                                                                                 Term:  August 23, 2009

 

Board of Landscape Architects

Roberta N. Woodburn, Durham                                                                        Effective:  August 23, 2006

Vacancy                                                                                                                 Term:  August 23, 2007

 

State Library Advisory Council

Patricia M. Skinner (r), Windham                                                                      Effective:  August 23, 2006

Reappointment                                                                                                     Term:  July 26, 2009

 

Marital Mediator Certification Board

Nominated by the NH Conflict Resolution Association

Ellen Dinerstein, Hancock                                                                                  Effective:  September 6, 2006

Succeeding:  Olivia A. Ruel, Keene                                                                  Term:  September 6, 2007

 

Marital Mediator Certification Board

Nominated by the NH Conflict Resolution Association

Georgine M. Williams, Bedford                                                                         Effective:  September 6, 2006

Reappointment                                                                                                     Term:  September 6, 2007

 

Real Estate Appraisers Board

(Certified General Appraiser)

George Brooks, Londonderry                                                                            Effective:  August 23, 2006

Reappointment                                                                                                     Term:  August 12, 2009

 

Resources and Economic Development Advisory Commission

(General Public)

Robert F. Preston (d), Hampton                                                                         Effective:  August 23, 2006

Succeeding:  Douglas J. Pearson, Bedford                                                      Term:  April 1, 2011

 

New Hampshire Retirement System Board of Trustees

Nominated by the State Employees’ Association

Charles Koontz, Hopkinton                                                                                Effective:  August 23, 2006

Reappointment                                                                                                     Term:  July 1, 2008

 

New Hampshire Retirement System Board of Trustees

Nominated by the National Education Association

Joseph G. Morris, Bedford                                                                                 Effective:  August 23, 2006

Reappointment                                                                                                     Term:  July 1, 2008

 

New Hampshire Retirement System Board of Trustees

Nominated by the State Permanent Firefighters Association

Brian W. Morrissey, Nashua                                                                             Effective:  August 23, 2006

Reappointment                                                                                                     Term:  July 1, 2008

 

Advisory Committee on Travel & Tourism

(Member at large)

Nominated by the Commissioner of the Department of Resources and Economic Development

Michelline Dufort, Concord                                                                               Effective:  August 23, 2006

Succeeding:  Erick Leadbeater, Concord                                                          Term:  December 1, 2008

 

Water Treatment Plant Advisory Committee

(Representing consumers from a community with a population over 5,000)

Pierre C. Lavoie, Dover                                                                                       Effective:  August 23, 2006

Succeeding:  Ernest Cote, Jr., Hampton                                                           Term:  June 5, 2008

 

Water Treatment Plant Advisory Committee

(Representing consumers from a town with a population less than 5,000)

Sheldon E. Towne, Whitefield                                                                           Effective:  August 23, 2006

Reappointment                                                                                                     Term:  June 25, 2010

 

Advisory Council on Worker’s Compensation

(Management)

Thomas Callahan, Sunapee                                                                                Effective:  August 23, 2006

Succeeding:  Kathryn Ryan, Londonderry                                                      Term:  June 13, 2008

 

Advisory Council on Worker’s Compensation

(Health Care Provider)

Gary L. Woods, MD, Bow                                                                                  Effective:  August 23, 2006

Reappointment                                                                                                     Term:  January 12, 2009

 

 

NOMINATIONS

The Governor placed into nomination the following:

 

Alcohol and Drug Abuse Prevention, Intervention and Treatment Commission

(Public Member)

Kathleen N. Taylor, Franconia                                                           Effective:  September 20, 2006

Succeeding:  Scott Fuller, Manchester                                             Term:  September 20, 2009

 

Current Use Advisory Board

(Representing assessing official from town with less than 5,000 population)

Normand G. Bernaiche, Acworth                                                       Effective:  Upon confirmation

Succeeding:  Robert J. Berti, Rumney                                               Term:  December 23, 2007

 

Enhanced 911 Commission

(NH Sheriffs Association)

James D. Linehan, Jr., Danville                                                          Effective:  Upon confirmation

Reappointment                                                                                     Term:  July 22, 2009

 

Equalization Standards Board

Nominated by the NH School Board Association

R. Dean Michener, Durham                                                                Effective:  Upon confirmation

Reappointment                                                                                     Term:  October 10, 2008

 

State Board of Fire Control

(Chief of Municipal Fire Department)

Thomas S. Lambert, North Hampton                                                Effective:  Upon confirmation

Succeeding:  Richard J. Pauley, Jr., Milford                                     Term:  July 8, 2010

 

Health Services Planning and Review Board

Nominated by the NH Hospital Association

Erin K. Almeda, Nashua                                                                      Effective:  Upon confirmation

Reappointment                                                                                     Term:  April 19, 2009

 

Lakes Management Advisory Board

(Member of Fish & Game Commission)

Mitch Kalter, Durham                                                                          Effective:  Upon confirmation

Reappointment                                                                                     Term:  August 22, 2009

 

State Commission on the Status of Men

Michael J. Geanoulis, Sr., New Castle                                               Effective:  Upon confirmation

Reappointment                                                                                     Term:  September 1, 2007

 

State Commission on the Status of Men

Marshall D. Hickok, Meredith                                                            Effective:  Upon confirmation

Reappointment                                                                                     Term:  September 1, 2007

 

Pharmacy Board

Kristina Genovese, East Swanzey                                                     Effective:  Upon confirmation

Reappointment                                                                                     Term:  September 6, 2011

 

Pharmacy Board

Ronald L. Petrin, Bedford                                                                   Effective:  Upon confirmation

Reappointment                                                                                     Term:  September 6, 2011

 

NH Real Estate Commission

(Broker)

Nancy G. LeRoy, Laconia                                                                   Effective:  September 15, 2006

Reappointment                                                                                     Term:  September 15, 2011

 

NH Retirement System Board of Trustees

Nominated by the NH Police Association

Dean Crombie, Somersworth                                                              Effective:  Upon confirmation

Reappointment                                                                                     Term:  July 1, 2007

 

 

                                BUSINESS FINANCE AUTHORITY

#1            The Governor and Executive Council on motion of Councilor Wieczorek, seconded by Councilor Spaulding 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 Bentley Commons - Bedford, LLC located in Bedford, 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 AUGUST 23, 2006

AT THE STATE HOUSE, CONCORD

 

*          *          *          *          *          *        *

 

                At 11:10 a.m. the Governor announced that the next matter to be considered would be the financing of a commercial facility project by the Business Finance Authority for Bentley Commons – Bedford, LLC in the Town of Bedford (the “Project”) and declared that the public hearing on the subject had commenced.  He said that he and the members of the Council had received 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, stated that the Authority had approved the financing and recommended that the Governor and Council make the required findings under RSA 162-I:9.  He also briefly explained the Project, emphasized that the credit of the State was not involved and introduced John Bielagus, Co-Managing Member of Bentley Commons – Bedford, LLC. The Governor then repeated that the proceedings were a public hearing and asked whether any other person wished to speak; there being none, Councilor Wieczorek introduced a resolution entitled “A RESOLUTION UNDER RSA 162‑I:9 WITH RESPECT TO THE FINANCING AND REFINANCING OF A COMMERCIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR BENTLEY COMMONS – BEDFORD, LLC IN THE TOWN OF BEDFORD” and moved its adoption, which was seconded by Councilor Spaulding.  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 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‑I:9 WITH RESPECT TO THE FINANCING OF A COMMERCIAL FACILITY BY THE BUSINESS FINANCE AUTHORITY FOR BENTLEY COMMONS – BEDFORD, LLC IN THE TOWN OF BEDFORD

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 Bentley Commons – Bedford, LLC (the “Borrower”) in the Town of Bedford by the Authority’s issue of $18,000,000 Revenue 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 constuction of a senior assisted care/independent living facility located at TMP 24-1-3 Hawthorne Drive in the Town of Bedford.  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 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 “Indenture”) and LOAN AGREEMENT (the “Agreement”) 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 Bond proceeds or from funds received under the Indenture and Agreement, exclusive of funds received thereunder by the Authority for its own use;

(4)                 Neither the Indenture nor the Agreement purports 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 August 23, 2006

#2            The Governor and Executive Council on motion of Councilor Burton, seconded by Councilor Spaulding 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 loan to Grafton County Economic Development Council for the benefit of the Dartmouth Regional Technology Center located in Lebanon, 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 AUGUST 23, 2006

STATE HOUSE, CONCORD, NEW HAMPSHIRE

 

*                              *                              *                              *                              *                              *

 

                At approximately 11:14 a.m., the Governor announced that the next matter to be considered would be the purchase by the Business Finance Authority of a loan to be made by Grafton County Economic Development Council 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 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.  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 LOAN PURCHASE UNDER RSA 162-A:7  WITH RESPECT TO A CERTAIN LOAN TO GRAFTON COUNTY ECONOMIC DEVELOPMENT COUNCIL" 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 LOAN UNDER RSA

162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF THE STATE OF

NEW HAMPSHIRE TO GRAFTON COUNTY ECONOMIC DEVELOPMENT COUNCIL AND NORTH COUNTRY COUNCIL, 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 a loan by the

Authority to Grafton County Economic Development Council and North Country Council, Inc. (collectively, the "Borrower") in the original principal amount of up to $2,300,000 to provide

financing for construction and permanent financing for the Dartmouth Regional Technology

Center in Centerra Park, Lebanon, New Hampshire (the "Loan")

 

                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 Authorized and approve the Loan by the Authority upon the making of specific findings after public hearing;

 

                WHEREAS, the Governor and Council will receive all the documentation and information with respect to the proposed 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 Determination.  On the basis of the documentation and information received by the Governor and Council, after a public hearing, the Governor and Council find:

 

                a.             Special Findings.

 

                                (i)  The Loan in consistent with local or regional development plans or policies.

 

                b.             General Findings.

 

(i)            The Loan that the Authority has proposed will serve a public use and provide a public benefit.

 

(ii)           The Loan that the Authority has proposed is within the policy of, and the authority conferred, by RSA Chapter 162-A.

 

                (iii)          The Loan that the Authority has 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 Loan that the Authority has proposed will promote the orderly development of business activities, create or preserve employment opportunities, or protect the physical environment.

 

                2.             Approval.              Governor and Council approve the Loan by the Authority as recommended by the Authority and Authorized the Authority to cause the execution and delivery of the loan documents substantially in the form submitted to Governor and Council and to take such further action as 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 August 23, 2006.

 

#2A        The Governor and Executive Council on motion of Councilor Pignatelli, 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 to approve an award of a State Guarantee under RSA 162-A:13-a with respect to a loan from Chittenden Bank and UltraSource, Inc. in Hollis, New Hampshire. Action will Authorized a Resolution under RSA 162-I:18 to determine the financing will serve a public use, provide public benefit and is within the policy and authority of the Act.

 

EXTRACT FROM THE MINUTES OF THE MEETING OF THE

GOVERNOR AND COUNCIL HELD ON AUGUST 23, 2006

COUNCIL CHAMBER, CONCORD, NEW HAMPSHIRE

 

*                              *                              *                              *                              *                              *                             

                At approximately 11:19 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 UltraSource, 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. 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 STATE GUARANTEE UNDER RSA 162-A:13  WITH RESPECT TO A LOAN FROM  CHITTENDEN BANK TO ULTRASOURCE, INC." 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 STATE GUARANTEE UNDER RSA 162-A:13-a

WITH RESPECT TO A LOAN FROM

CHITTENDEN BANK TO ULTRASOURCE, 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 $1,500,000 from Chittenden Bank to UltraSource, 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 Authorized 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 August 23, 2006.

 

                                COMMUNITY DEVELOPMENT FINANCE AUTHORITY

The Governor and Council acted as follows:

 

#3            Authorized to enter into an agreement with the Town of Salem, NH, for the purpose of assisting the Salem Housing Authority in the development of the Telfer Circle Extension Elderly Housing, in the amount of $450,000.  Effective upon G&C approval through June 30, 2008.  100% Federal Funds. 

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