GOVERNOR AND EXECUTIVE COUNCIL MINUTES
State
House,
The Governor and Executive Council convened at
The Governor and Executive Council on motion of Councilor Burton,
seconded by Councilor Spaulding,
accepted the minutes of
The Governor and Executive Council, on motion of Councilor Burton,
seconded by Councilor Wieczorek
approved the appointment of several
persons nominated for Civil Commissions from the
The Governor placed in nomination the several persons who applied for Civil Commissions.
RESIGNATIONS
The Governor and Council accepted the following with regret:
Board
of Accountancy
Leon
Owen,
Air
Resources Council
Muriel
Lajoie,
Advisory
Panel on Cancer and Chronic Disease
Susan
Kroehl,
Board
of Licensure of Interpreters for the Deaf and Hard of Hearing
Nancy
O. Richter,
Board
of Nursing
(LPN)
James
Nall, Wentworth Effective:
CONFIRMATIONS
The Governor and
Council confirmed the following:
(Practicing
Physician)
Robert
Hickey, M.D.,
Succeeding:
Robert McLellan, M.D. Stratham (resigned) Term:
Joanne
Fadale Wagner,
Reappointment Term:
(NH
Lung Association)
Diane
Smogor,
Vacancy Term:
(Attorney)
Pierre
O. Caron, Bedford Effective:
Succeeding:
David J. Rogers, Hooksett (resigned) Term:
Marc
W. Morin, Bow Effective:
Reappointment Term:
(Public
Member)
Richard
A. Bernard,
Reappointment Term:
John
DeSilva, Bow Effective:
Succeeding:
Jeffrey Brown, Seabrook (resigned) Term:
Cynthia
M. Rogers,
Reappointment Term:
Thomas
R. Horgan, Amherst Effective:
Reappointment Term:
Deanna
S. Howard, Etna Effective:
Reappointment Term:
Gregory
M. Dickinson, Gilford Effective:
Reappointment Term:
Nominated
by the
(Member
of Planning Board)
Frederic
Murphy, Hillsborough Effective:
Reappointment Term:
Frances
M. Wiggin (d), Bedford Effective:
Reappointment Term:
(On
recommendation of NH College and University Council)
(Representing
Saint Anselm College)
Jonathan
DeFelice,
Reappointment Term:
(Representing
a college not a member of the NH College and University Council)
Ronald
P. Murro,
Reappointment Term:
(On
recommendation of NH College and University Council)
(Representing
William
A. Nevious,
Succeeding:
Hannah M. McCarthy,
Thomas
E. Wilhelmsen, Jr., Hollis Effective:
Reappointment Term:
John
H. Jacobsmeyer, Jr., Northwood Effective:
Reappointment Term:
(Disabled
American Veterans)
Junious
B. Owens,
Succeeding:
Joseph B. Vitale, Westmoreland Term:
March 1, 2010
NOMINATIONS
The Governor placed into nomination the following:
Board
of Accountancy
(Public
Member)
Sheila
K. Christie,
Vacancy Term:
5 yrs from confirmation
State
Committee on Aging
(
Donna
D. Woodfin (d),
Succeeding: Ellen
Sheridan (d),
Advisory
Panel on Cancer and Chronic Disease
(Cancer
Society)
Joanne
Gersten, Hooksett Effective:
Upon Confirmation
Succeeding: Susan Kroehl,
Board
of Chiropractic Examiners
Leo
M. Kenney, DC,
Reappointment Term:
Paul
A. Doscher, Weare Effective:
Upon Confirmation
Vacancy Term:
Beverly
Lord,
Succeeding:
Dana Cabana,
County-State
Finance Commission
Bruce
Clow, Gilford Effective:
Upon Confirmation
Vacancy Term:
2 yrs from confirmation
Commissioner:
Department of Cultural Resources
Van
McLeod,
Reappointment Term:
Salary:
HH Maximum $85,917
Justice:
Daniel
M. Cappiello,
Vacancy Term: Until 70
yrs of age
Invasive
Species Committee
(Livestock
Owners and Feed Growers Interests)
Carl
J. Majewski, Westmoreland Effective:
Upon Confirmation
Vacancy Term:
3 yrs from confirmation
Juvenile
Parole Board
Frank
E. Jones, Bow Effective:
Upon Confirmation
Succeeding:
Reginald Ghiden,
Lakes
Management Advisory Committee
(NH
Association of Realtors)
Kenneth
P. Jordan,
Reappointment Term:
Medical
Review Subcommittee
Nominated
by the NH Board of Medicine
Patricia
A. Waldvogel, Loudon Effective:
Upon Confirmation
Vacancy Term:
Board
of Natural Scientists
(Public
Member)
Thomas
B. Merritt,
Vacancy Term:
State
Board for the Licensing and Regulation of Plumbers
(Journeyman
Plumber)
David
M. Rieth,
Reappointment Term:
Police
Commission (
William
H. Barry III,
Succeeding:
David Lavoie,
Public
Employees Labor Relations Board
(Chair-Public
Member)
John
Buckley,
Reappointment Term:
Public
Employees Labor Relations Board
(Alternate
Member of General Public)
Doris
M. Desautel,
Reappointment Term:
Railroad
Appeals Board
(Alternate
Public Member)
John
W. Flanders,
Reappointment Term:
Right
to Know Oversight Committee
(Public
Member)
Ronald
F. Rodgers,
Vacancy Term:
Commission
to Study the State Park System
(not-for-profit
conservation interests)
Susan
Arnold, Strafford Effective:
Upon Confirmation
Vacancy Term:
Commission
to Study the State Park System
(Municipal)
Posy
Bass,
Vacancy Term:
Commission
to Study the State Park System
(General Public)
Timothy
Decker,
Vacancy Term:
Commission
to Study the State Park System
(motorized outdoor recreation)
Gail
Hanson, Lochmere Effective:
Upon Confirmation
Vacancy Term:
Commission
to Study the State Park System
(Tourism)
Nancy
Kilbride, Bedford Effective:
Upon Confirmation
Vacancy Term:
Commission
to Study the State Park System
(Natural Resources)
Richard
Ober,
Vacancy Term:
Commission
to Study the State Park System
(General Public)
Richard
L. Russman,
Vacancy Term:
Commission
to Study the State Park System
(Cultural Resources)
Jayme
H. Simoes, Hillsborough Effective:
Upon Confirmation
Vacancy Term:
Traffic
Safety Commission
Howard
C. Hedegard, Jr., Epsom Effective:
Upon Confirmation
Reappointment Term:
Traffic
Safety Commission
Mark
Hounsell, Conway Effective:
Upon Confirmation
Succeeding:
Joel Nelson, Bow Term:
Traffic
Safety Commission
Aidan
Moore,
Succeeding: Daniel
P. Auger,
Traffic
Safety Commission
William
C. Simons,
Reappointment Term:
Advisory
Council on Unemployment Compensation
(Employer)
Fred
B. Kfoury, Jr.,
Reappointment Term:
BUSINESS FINANCE
AUTHORITY
#1 The Governor and Executive Council on
motion of Councilor Griffin, seconded by Councilor Wieczorek
and further on a roll call vote as follows: Councilor Burton – yes, Councilor
Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek
– yes, and Councilor Pignatelli – yes, Authorized to
hold a Public Hearing with respect to the financing of a
commercial facility by the Business Finance Authority for Lonza
Biologics, Inc. located in
Extract from the
Minutes of the Meeting of the
Governor and Council Held
in the State House,
At
* * * * * * *
A Resolution with
Respect to the Financing
of an Industrial
Facility, consisting OF SOLID waste collection,
treatment and disposal
facilities, by the Business Finance Authority
for Lonza America Inc. in
Whereas, the Governor and Council have received from
the Business Finance Authority (the “Authority”) its written recommendations
that the Governor and Council make certain findings and a determination
pursuant to RSA 162-I:9 with respect to the financing of an industrial
facility, consisting of solid waste collection, treatment and disposal
facilities, for Lonza America Inc. (the “Borrower”)
in Portsmouth by the Authority’s issuance of up to $25,000,000 of Bonds under
RSA 162-I (the “Act”) and to approve the issuance of the Bonds under Section
147(f) of the Internal Revenue Code;
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 consists of the acquisition, construction and
installation of structures, facilities and equipment to be located at the
manufacturing complex of Lonza Biologics Inc. (the
“Subsidiary”), a wholly-owned subsidiary of the Borrower, at 101 International
Drive in the City of Portsmouth which will be used by the Borrower, by and
through the Subsidiary, in the collection, treatment and disposal of solid
wastes (the “Project”). The Project is
within the definition of “industrial facility” in RSA 162-I (the “Act”) and may
be financed under the Act.
(2) The establishment and operation of the Project will create
and preserve employment opportunities within the State of
(b) General findings:
(1) The Project and the proposed financing of the Project are
feasible;
(2) The Borrower and the Subsidiary have the skills and financial
resources necessary to operate the Project successfully;
(3) The Loan Agreement dated as of September 1, 2005 (the
“Agreement”) between the Authority and the Borrower and the Indenture of Trust
dated as of September 1, 2005 (the “Indenture”) between the Authority and
Regions Bank, as trustee (the “Trustee”) 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 Project except from Bond proceeds or from funds received under the
Agreement, exclusive of funds received thereunder by
the Authority for its own use;
(4) Neither the Agreement nor the Indenture purport to create any
debt of the State with respect to the Project, 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 Project 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
subdivision, 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 Project 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 and approve the
issue of the Bonds under Section 147(f) of the Internal Revenue Code.
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 Griffin, seconded by Councilor Wieczorek
and further on a roll call vote as follows: Councilor Burton – yes, Councilor
Spaulding – yes, Councilor Griffin – yes, Councilor Wieczorek
– yes, and Councilor Pignatelli – yes, Authorized to
hold a Public Hearing to approve an award of a State Guarantee
under RSA 162-A:13-a with respect to a loan from Centrix Bank & Trust and Foedus
Group, LLC in Portsmouth, 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 11:50 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 Centrix Bank
& Trust to Foedus Group, LLC 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 Griffin 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 CENTRIX BANK & TRUST
TO FOEDUS GROUP, LLC." and moved its adoption, which was seconded
by Councilor Wieczorek. 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-A:18
AWARDING A
STATE GUARANTEE UNDER RSA 162-A:13-a
WITH RESPECT
TO A LOAN FROM
CENTRIX BANK
& TRUST TO
FOEDUS
GROUP, LLC.
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 fifty-two and a half percent (52.5%) of the principal amount of
a loan up to $500,000 from Centrix Bank & Trust
to Foedus Group, LLC
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
#3 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 with respect to a
loan from Ocean National Bank and E.F. Lane Hotel, LLC in Keene, 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 11:50 a.m., the Governor announced that the next matter to be
considered would be the award of a State guarantee under the Guaranteed Asset
Program of the Business Finance Authority in connection with a loan to be made
by Ocean National Bank to E.F. Lane Hotel, L.L.C.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 B. 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 OCEAN NATIONAL
BANK TO E.F. LANE HOTEL, L.L.C." and moved its adoption, which was
seconded by Councilor Burton. 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-A:18
AWARDING A
STATE GUARANTEE UNDER RSA 162-A:13
WITH RESPECT
TO A LOAN FROM
OCEAN
NATIONAL BANK TO
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 $1,669,925 from Ocean National Bank to
E.F. Lane Hotel, L.L.C. pursuant to RSA 162-A:13 (the Guaranteed Asset Program
or the "GAP Program");
WHEREAS, the proposed guarantee would require the pledge of the full faith and credit of the A