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 Burton, accepted the
minutes of
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
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,
Succeeding: Thomas Winn,
Adult
Parole Board
Donald
Laroche,
Reappointment Term:
Board
of Dental Examiners
Stacy
Plourde, Hooksett Effective:
Succeeding: Debra A. Albrecht,
Fire
Standards and Training Commission
(NH
State Firemen’s Association)
Alfred
W. Burbank, Jr., Thornton Effective:
Reappointment Term:
Invasive
Species Committee
(Environmental
Interests)
Douglas
A. Bechtel,
Reappointment Term:
Invasive
Species Committee
(Public
Member)
Deborah
Lievens,
Reappointment Term:
Joint
Promotional Program Screening Committee
(Skiing)
Nominated
by the
Kathleen
Bennett,
Reappointment Term:
Board
of Landscape Architects
Douglas
H. Griener,
Vacancy Term:
Board
of Landscape Architects
R.
Gordon Leedy, Jr., Amherst Effective:
Vacancy Term:
Board
of Landscape Architects
Roberta
N. Woodburn,
Vacancy Term:
State
Library Advisory Council
Patricia
M. Skinner (r), Windham Effective:
Reappointment Term:
Marital
Mediator Certification Board
Nominated
by the NH Conflict Resolution Association
Ellen
Dinerstein, Hancock Effective:
Succeeding: Olivia A. Ruel,
Marital
Mediator Certification Board
Nominated
by the NH Conflict Resolution Association
Georgine
M. Williams, Bedford Effective:
Reappointment Term:
Real
Estate Appraisers Board
(Certified
General Appraiser)
George
Brooks,
Reappointment Term:
Resources
and Economic Development Advisory Commission
(General
Public)
Robert
F. Preston (d), Hampton Effective:
Succeeding: Douglas J. Pearson,
Nominated
by the State Employees’ Association
Charles
Koontz, Hopkinton Effective:
Reappointment Term:
Nominated
by the National Education Association
Joseph
G. Morris, Bedford Effective:
Reappointment Term:
Nominated
by the State Permanent Firefighters Association
Brian
W. Morrissey,
Reappointment Term:
Advisory
Committee on Travel & Tourism
(Member
at large)
Nominated by the Commissioner of the Department of Resources
and Economic Development
Michelline
Dufort,
Succeeding: Erick Leadbeater,
Water
Treatment Plant Advisory Committee
(Representing
consumers from a community with a population over 5,000)
Pierre
C. Lavoie,
Succeeding: Ernest Cote, Jr.,
Water
Treatment Plant Advisory Committee
(Representing
consumers from a town with a population less than 5,000)
Sheldon
E. Towne, Whitefield Effective:
Reappointment Term:
Advisory
Council on Worker’s Compensation
(Management)
Thomas
Callahan, Sunapee Effective:
Succeeding: Kathryn Ryan,
Advisory
Council on Worker’s Compensation
(Health
Care Provider)
Gary
L. Woods, MD, Bow Effective:
Reappointment Term:
NOMINATIONS
The Governor placed into
nomination the following:
Alcohol
and Drug Abuse Prevention, Intervention and Treatment Commission
(Public
Member)
Kathleen
N. Taylor,
Succeeding: Scott Fuller,
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:
Enhanced
911 Commission
(NH
Sheriffs Association)
James
D. Linehan, Jr., Danville Effective: Upon
confirmation
Reappointment Term:
Equalization
Standards Board
Nominated
by the NH School Board Association
R.
Dean Michener, Durham Effective: Upon
confirmation
Reappointment Term:
State
Board of Fire Control
(Chief
of Municipal Fire Department)
Thomas
S. Lambert, North Hampton Effective: Upon
confirmation
Succeeding: Richard J. Pauley, Jr.,
Health
Services Planning and Review Board
Nominated
by the NH Hospital Association
Erin
K. Almeda, Nashua Effective: Upon
confirmation
Reappointment Term:
Lakes
Management Advisory Board
(Member
of Fish & Game Commission)
Mitch
Kalter, Durham Effective: Upon
confirmation
Reappointment Term:
State
Commission on the Status of Men
Michael
J. Geanoulis, Sr., New Castle Effective: Upon
confirmation
Reappointment Term:
State
Commission on the Status of Men
Marshall
D. Hickok, Meredith Effective: Upon
confirmation
Reappointment Term:
Pharmacy
Board
Kristina
Genovese, East Swanzey Effective: Upon
confirmation
Reappointment Term:
Pharmacy
Board
Ronald
L. Petrin, Bedford Effective: Upon
confirmation
Reappointment Term:
NH
Real Estate Commission
(Broker)
Nancy
G. LeRoy,
Reappointment Term:
NH
Retirement System Board of Trustees
Nominated
by the NH Police Association
Dean
Crombie, Somersworth Effective: Upon
confirmation
Reappointment Term:
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
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
BENTLEY COMMONS – BEDFORD, LLC IN THE TOWN OF
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
(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
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
#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
STATE HOUSE,
* * * * * *
At approximately
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
* * * * * *
A RESOLUTION
UNDER RSA 162-A:18 AWARDING A LOAN UNDER RSA
162-A:7 FROM THE BUSINESS FINANCE AUTHORITY OF THE STATE OF
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
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
#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
COUNCIL
CHAMBER,
* * * * * *
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
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