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Special Board of Aldermen 03-15-2021 Page 16

Alderwoman Kelly

Thank you. | have to echo what Alderman Jette said. | think that this has been a good discussion. | think
there’s a lot of questions that people on this Board have including some basic knowledge of where that
project has gone, even since the last non-Aldermanic conversation. | don’t know how | can say | support a
TIF when | don’t know what the plan is.

President Wilshire
Anyone else? Alderman Clemons?
Alderman Clemons

Yeah | concur with Alderwoman Kelly and Alderman Jette. This could be the plan forward but again, in
order to sell me at least, speaking for myself, | need to see a real solid plan that lays everything out all the
way into hundred years from now. And without that | can’t in good conscious, even though yeah it may be
better temporarily, | can’t in good conscious support something that | don’t have all the answers to. So yes,
| guess, a TIF — yeah it might be a good solution. But again, the devil is in the details and in this particular
project, details really matter. | am never one to shy away from jumping onboard with a development plan or
a really good idea but when it comes to stuff like this, it is people’s health and we have to be very careful.

President Wilshire

Alderman Lopez?

Alderman Lopez

| have a question through the Chair to Attorney Bolton.
President Wilshire

Sure.

Alderman Lopez

If we do approve a TIF or move forward in that direction, would we be able to contract stipulations for future
years including like the business holder would be willing to — do they even have to agree to the TIF first of
all? What is the point where we would want to insert a requirement for a property manager to contribute
something towards public health or some entity being able to evaluate this that the City has control over.
Or, alternatively, if it was the TIF and we were going to reserve taxpayer money in the future towards
environmental monitoring, what would that look like and how would you recommend it?

Steve Bolton, Corporation Counsel

Well right now, you are not approving any deal. You are not approving any TIF, you are not approving
anything tonight and frankly you are not approving anything or being asked to approve anything very soon.
This deal is not done. There is going to be a lot of tinkering, a lot of negotiations, before anything is
reduced to writing. So yes, can you require other things before you approve any deal? Yes, you can
require that the developer stand on his head in the middle of the parkway every April Fool’s Day. Itisa
completely open book at this point as far as what you can require.

Now your future monitoring, | fully expect, none of these deals happen without that being a requirement.
Now whether it goes on for 100 years, that | can’t say. But there will be monitoring out for a long period of
time in the future. It is not going to be done by the developer's custodian. It’s not going to be done by any

Special Board of Aldermen 03-15-2021 Page 17

of the City employees. It is going to be done by an environmental engineering firm who knows how to do it,
will take the readings from the monitoring wells that are installed pursuant to specifications that the EPA will
approve and then reports will be generated. It is very likely that copies of those reports will be provided to
the City, will be provided to DES, perhaps EPA as well, perhaps the Army Corp of Engineers. Those
reports will contain a certification by a qualified engineer, probably on a list of approved firms that the State
and Federal Government have vetted over the course of time. And that certification will provide that there
is no breach of the slurry walls, no leaks from the containment vault. And those will be monitored on a
periodic basis, perhaps as often as once a year. When there are problems, presumably the documents will
require that the developer or the developer’s successor in interest, has to provide for whatever necessary
repair or remediation is then required.

Now how do you provide for that going forward in perpetuity? Well if you’ve got a commercial facility that is
going to be passed from owner to owner of the entire complex and that facility will be generating a stream
of revenue extending out indefinitely, you somehow get a security interest in that stream and you use that
money to pay for whatever remediation is necessary. Now if you are talking about the property being sold
off to individual homeowners, condominium unit owners, there are ways to put these provisions in the
documents; the condominium declaration, the homeowner documents, reference them in the deed, upon
sale of any unit or any home. When a problem occurs the idea that you are going to take someone’s home
away if they don’t pay the $1,000.00 assessment, you know, if you have 300 homes and you assess each
$1,000.00 per year, perhaps you get $300,000.00 a year and maybe that goes to pay an appropriate
amount toward remediation, but we don’t know how much that is going to cost ever either. If someone just
can't afford it, are we really going to take their home away? So that’s one of the worries that you can have
today about what provision will you have for the financial viability in the event of something going wrong.

All of these things and that’s just one, but all of these things, have to be worked out, have to be the subject
of negotiation and that will happen. | mean there’s nothing for you to approve tonight. | think if any of you
feel like never under no circumstances will | ever approve a TIF, maybe you could say that, and if you
mean it, that'll give Tim some idea of stay away from that going forward. But there’s not point now in
saying “well | approve of TIF’s” or “I don’t approve of TIF’s” or “I want a TIF of X dollars, X percentage or Y
percentage”. We don’t know enough now to even have a clue of what kind of numbers we are talking of.
But anyway, long winded way to say you are not foreclosing yourself from anything you may want in the
future but anything you do tonight.

President Wilshire

Alderman Lopez?

Alderman Lopez

Yes, so | know | am in the meeting too and there’s no actual motion or anything being proposed. My
question was specifically what would it look like if we were to put those provisions in because we are
describing a very complicated endeavor that is only just getting off the ground, but which also has a little bit
of a history behind it of miscommunication and confusion. So should we be looking at the TIF as a
potential vehicle for mandating how that is done? Or would it be more likely some of the things that you
have referenced as possibilities, is when the developer figures out what he wants to do, do we look at if he
is subdividing it and selling it to people? Do we look a condo association or | mean is there other tools that
| haven't thought of such as does the property currently owe back taxes to the City or something that we
can use as leverage to say, “OK well you can resolve this debt if you agree to the following”?

Attorney Bolton

| don’t know the answer as to what the tax situation is, maybe Tim does. But | don’t think we are far
enough along to start saying tonight what we might agree to. | think we have to wait and see, at some point
they are going to say they want the City to contribute up to X dollars. Now if | was in one of your seats |
would say the City’s contribution is going to be somewhere between none and very small. And you can

Special Board of Aldermen 03-15-2021 Page 18

further define that as you go along. But | suspect the initial proposal to the City will be for more than we
really want to invest. And | think there will be a lot of pushback initially but eventually something will come
before you. | think the way to finance the City’s contribution over time, seems like it would be appropriate —
frankly whether you have a formal TIF or not, the thought process almost has to be the additional tax
revenue from the develoment will offset whatever the City’s expense has been. A TIF makes that even
more clear but whether it is expressed or not that has to be an underlying calculation.

Are there things you haven’t thought of yet? Probably. I’m sure there are things | haven't thought of yet.
There may be things that are possible that | never get around to thinking of, but | think | probably have
some better ideas going forward than | have tonight.

President Wilshire

Director Cummings?

Director Cummings

Thank you.

Alderman Lopez

| had a follow up.
President Wilshire

| think he can answer your question, sorry go ahead.

Director Cummings

Thank you, Madam President. If | may, there were a couple points made recently and | just want to circle
back to them. Relative to the back taxes on the property it is in and around $1 million owed to the City of
Nashua at this time, probably just a tick above that. Last time | looked it was just under so for general
purposes you can think of about $1 million dollars being owed. And, again, to be clear that is on the
Mohawk Tannery parcels. | know Alderman Lopez had another follow up. | can hold the rest of my
comments if he wants to speak.

Alderman Lopez

Yeah that’s helpful because my thought was if we are negotiating and one of those negotiations ends up
being how much are you going to pay now versus how much are going to pay later? It would be a good
idea to mention that this is a priority. Additionally, | know the TIF may be a solution for doing this which
ultimately is asking the property owner who is paying the taxes to not do anything, it is just ourselves
assigning where we are going to send the money to in the future. So | guess my last question or comment
on those lines would be to Attorney Bolton is how specific can we make Legislation for taxes? Can we
create a tax specific to that property or specific to properties that are associated with cleaning up a toxic
waste dump that the person who owns that property has to contribute towards a fund to do that as a tax for
owning that property?

Attorney Bolton

In a TIF you set the boundaries of the district. So you could be as specific as need be. And then the
principle is you establish what the taxes being paid prior to the establishment of the TIF and then anything
over and above that number is for lack of a better word the excess, that excess over existing tax revenue is
available to pay for public improvements. So public improvement might be the containment of the
contamination. And you can devote all of that excess tax revenue to that, you devote any percentage short

Special Board of Aldermen 03-15-2021 Page 19

of 100%, so you can say 50%, you can say 30%. | think you need to know the dollars you are talking about
and the amount that the City is going to contribute. And as | say, | think the City’s contribution is envisioned
not to be the lion’s share and not even close to that. So yes, you can be very specific in what properties
will, in fact, be paying.

Now in other circumstances you can say that a specific public improvement benefits specific properties and
instead of generally taxing all of the taxpayers in the City for a project that benefits specific properties, you
can make a betterment assessment against these specific properties that are, in fact, bettered by the public
improvement. So Nashua hasn’t done this in recent decades but it is the kind of thing that some
communities do if they are putting in sidewalks where there haven't been sidewalks before and then they
will divide it up by the linear measurement, the number of feet of sidewalks in front of each particular
property and divide it by the cost and make an assessment per foot for every property that the sidewalk
goes by.

| don’t know that this particular type project lends itself to that kind of assignment of betterment per project.
| think this probably does lend itself a little better to the TIF formula, but there are degrees and methods
and creative ways to do things. And many of them | am sure will be explored before we are finished with
this.

President Wilshire

Are you all set Alderman Lopez?

Alderman Lopez

Yeah | mean | know we are not making a decision tonight, | just wanted to know what some of the general
tools we would have are, so thank you very much.

President Wilshire

Thank you. Alderman Jette?

Alderman Jette

I'm sorry Madam President, | forgot to lower my hand.

President Wilshire

OK thank you, Alderman Jette. Is there anyone else? Director Cummings?

Director Cummings

Thank you Madam President. If no one else has anything to say | will wrap things up here.

Special Board of Aldermen 03-15-2021 Page 20

President Wilshire

| wanted to ask something, just before you wrap up. | have been familiar with this site since | was a kid,
lived just a couple blocks away on Broad Street. In fact, my brother-in-law worked there and it was awful. It
was an awful, smelly, dirty place and the neighbors have been waiting for 30+ plus years for the City to
take some action or someone to improve this site in their neighborhood. | think we owe it to them to do
what we can, aS much as we can. I’m not saying financially, but as much work as we can put into this to
make that a safe neighborhood for everyone. | think we owe it to our constituents and to the City.

| want to thank Director Cummings. | wouldn't take the TIF off the table, | mean | think everything has go to
be on the table right now. It has to be, right, because we don’t really have much else going. So you put
everything out there and then you pick and choose and fine tune it and then decide which way you want to
go, right? So that’s all | have tonight. You are up Director Cummings.

Director Cummings

Thank you, Madam President. And that’s exactly what | wanted to do is just have this kind of open
dialogue, hear everyone’s thought. Everything is going to get put on the table. We are going to shake some
things out; some things are going to stick. We are going to need to go down the path and what | am asking
and | was looking for some direction on is, you know, knowing very high level stuff, no details. Is it worth us
doing the work?

Because there’ s a lot of work that’s before us and | know that we are going to need to commit to doing
certain things and if it’s absolutely not in the realm of a possibility of us doing because it is just an adamant,
we are not entertaining these things and we are adamantly at a “no”? Well that’s just the kind of direction
and feedback | am looking for. We have a lot of discussion before us. There’s going to be a lot of
communication necessary; please | hope anyone on this Board reaches out to me if they have a question
or they want to suggest an idea. | need that direction, | need that feedback and hopefully | can represent
some sort of consensus and bring it before you and provide a recommendation which | am not able to do at
this time.

As Alderman Jette pointed out with his comments a little while back, | have asked repeatedly for the
Purchase & Sale Agreement that Blaylock has with the current owner. | would like to review that because |
would like to make sure that | know what the current owner may or may not be receiving for the sale in
terms of proceeds. And again, just doing our due diligence. So there are a lot of open-ended questions
right now; we don’t have a lot of answers. But this is the start of a conversation which could be very
beneficial to the neighborhood and which could be really the only real solution that we have for the
neighborhood. If we don’t move in a direction, we would just live with the status quo and that’s the
alternative and | don’t think folks want to do that. At the end of the day, | think we want to improve that land
so it can be developed in whatever way folks want. So | thank everyone for their time this evening. | will be
back to you with more information as the conversation progresses. And please, feel free to follow up with
me, if you have any questions or comments.

President Wilshire

Thank you Director Cummings.

Special Board of Aldermen 03-15-2021 Page 21

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE MARCH 15, 2021, SPECIAL MEETING OF THE BOARD
OF ALDERMEN BE ADJOURNED BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire

15

Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 8:30 p.m.

Attest: Susan K. Lovering, City Clerk

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SPECIAL BOARD OF ALDERMEN

MARCH 15, 2021
7:00 p.m.

Meeting is being conducted remotely in accordance with Governor’s Emergency Order #12
pursuant to Executive Order 2020-04

Join Zoom Meeting: https://usO2web.zoom.us/j/81883180777 ?pwd=ZTVabG5sQndCV21SUVA0S004bDM5dz09
Meeting ID: 818 8318 0777 Passcode: 603177

Join by phone: 1-929-205-6099
Meeting ID: 818 8318 0777 Passcode: 603177

If there is a problem accessing the meeting, please dial 603-821-2049 to advise.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK SUSAN LOVERING
PLEDGE TO THE FLAG LED BY ALDERWOMAN ELIZABETH LU

ROLL CALL

PRESENTATION

Mohawk Tannery Update

ADJOURNMENT

A regular meeting of the Board of Aldermen was held Tuesday, March 9, 2021, at 7:30 p.m. via teleconference.
President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by City Clerk Susan Lovering; Alderman-at-Large David C. Tencza led in the Pledge to the
Flag.

President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency Order
#12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor’s Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 884 5446 1686 Passcode: 724002

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and publicly
noticed at City Hall and Nashua Public Library.

lf anyone has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they will
help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll call
vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-Know
Law.

The roll call was taken with 15 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M. Caron,
Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth
Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip Cleaver
(arrived after roll call), Alderman Linda Harriott-Gathright, Alderman Wilshire.

Mayor James W. Donchess, Corporation Counsel Steve Bolton, were also in attendance.

ROLL CALL

Alderman O’Brien

| am present, | can hear the proceedings, and | am alone.

Board of Aldermen 03-09-2021

Alderman Klee

| am present, | can hear the proceedings, and | am alone in this room.

Alderwoman Kelly

| am here, | am alone and | can hear everyone.
Alderman Dowd

| am present, | can hear the proceedings and | am alone.
Alderman Caron

| am here, | can hear everything and | am alone.
Alderman Clemons

| am here, | am by myself and | can hear everyone.
Alderman Lopez

| am here, | am by myself and | can see the proceedings.
Alderman Tencza

| am present, | am by myself and | can hear everyone.
Alderwoman Lu

| am here alone and | can hear the proceedings.
Alderman Jette

| am here alone and | can hear the proceedings.
Alderman Schmidt

| am present, alone and can hear everyone.
Alderman Laws

| am here, | am alone and | can hear everyone.
Alderman Harriott-Gathright

| am present, | can hear everyone and | am alone.
President Wilshire

| am here, | am alone and | can hear everyone.

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