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Board Of Aldermen - Agenda - 12/26/2018 - P1

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

AGENDA MEETING OF THE BOARD OF ALDERMEN DECEMBER 26, 2018

1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
3. PLEDGE TO THE FLAG LED BY ALDERMAN PATRICIA KLEE
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
8. READING OF MINUTES OF PREVIOUS MEETINGS
Board of Aldermen ...... 0.0... .cc cee eee eee cee eee tee eet teeter eee eettettetsteetstteerseeeee 12/11/2018

9. COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Mayor Jim Donchess
Re: Veto of R-18-066

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING

9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
10. PETITIONS
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS
12. REPORTS OF COMMITTEE
Human Affairs Committee...... 00.0.0... ice cee eee ttt tettttttteteeeseeeeee = 12/10/2018
13. CONFIRMATION OF MAYOR'S APPOINTMENTS
UNFINISHED BUSINESS — RESOLUTIONS

R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING VACANCIES ON
ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF THAT BOARD
e Amended and Tabled pending scheduling Public Hrg — 12/11/2018

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Board Of Aldermen - Agenda - 12/26/2018 - P1

Board Of Aldermen - Agenda - 12/26/2018 - P2

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

R-18-090
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2019
VIOLENCE AGAINST WOMEN ACT (VAWA) GRANT PROGRAM” AND TO AUTHORIZE THE
TRANSFER OF MATCHING FUNDS
e Human Affairs Committee Recommends: Final Passage

R-18-091
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $275,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY
“TRANSIT CAPITAL PROJECTS”
e Human Affairs Committee Recommends: Final Passage

R-18-095
Endorsers: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $119,100 FROM THE KRESGE
FOUNDATION INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY
“CREATING A CULTURE OF PREVENTION”
e Human Affairs Committee Recommends: Final Passage

R-18-066, Amended

Endorsers: Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly

RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK LEAVE POLICY FOR

CERTAIN UNAFFILIATED EMPLOYEES

e Vetoed

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Board Of Aldermen - Agenda - 12/26/2018 - P2

Board Of Aldermen - Agenda - 12/26/2018 - P3

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

UNFINISHED BUSINESS — ORDINANCES
NEW BUSINESS — RESOLUTIONS

R-18-100
Endorser: Alderman Richard A. Dowd
CHANGING THE PURPOSE OF UP TO FIFTY THOUSAND DOLLARS ($50,000) OF UNEXPENDED
BOND PROCEEDS FROM THE LED STREET LIGHTING PROJECT TO THE DISTRICT-WIDE MIDDLE
SCHOOLS RENOVATION AND CONSTRUCTION PROJECT FOR FUNDING ENGINEERING AND
ARCHITECTURAL SERVICES

R-18-101
Endorser: Mayor Jim Donchess
AMENDING THE FY2019 HUD ANNUAL ACTION PLAN BY REPROGRAMMING EXISTING FUNDS
TO “E FOR ALL”

R-18-102
Endorser: Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF POLICE COMMISSIONERS AND UFPO LOCAL 645 PROFESSIONAL
EMPLOYEES OF THE NASHUA POLICE DEPARTMENT FROM JULY 1, 2018 THROUGH JUNE 30, 2022
AND AUTHORIZING RELATED TRANSFERS

NEW BUSINESS — ORDINANCES

O-18-031
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
INCREASING THE PURCHASING THRESHOLD FOR FINANCE COMMITTEE APPROVAL FROM
$10,000 TO $25,000

Q-18-032
Endorser: Alderman Jan Schmidt
AUTHORIZING STOP SIGNS AND RIGHT AND LEFT TURN ONLY LANES AT THE INTERSECTION
OF PINE HILL ROAD AND CHARRON AVENUE

O-18-033
Endorser: Alderman Richard A. Dowd
AMENDING THE LAND USE CODE USE MATRIX REGARDING SELF-STORAGE FACILITIES AND
SANITARY LANDFILLS
O-18-034
Endorser: Alderwoman Mary Ann Melizzi-Golja
DESIGNATING PARKING ON CHESTNUT STREET FOR FIRE DEPARTMENT EMPLOYEES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

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Board Of Aldermen - Agenda - 12/26/2018 - P3

Board Of Aldermen - Agenda - 12/26/2018 - P4

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

Jim Donchess
Mayor « City of Nashua

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athe LCF oPMEeIS

To: Board of Aldermen

From: Mayor Jim Donchess A)

Date: 12/18/18

Tam vetoing R-18-066, because it is an unwise expenditure of $175,000 in City funds and
because it is unfair to retired City employees. R-18-066 nearly doubles to an estimated $366,000
the City’s obligation to make. cash payouts for unused sick leave to | | employees.

R-18-066 grants an estimated $175, 000 i in additional payouts for unused sick time to 11 City
employees. This $175, 000 i in extra payouts would be on top of the estimated $191,000 in unused
sick time payouts the 1 | affected employees will already receive under.current law. The total
unused sick time: payouts would become an estimated $366,000. The affected people are non-
union mostly managemen| mployees who ¢ eam between $70, 000 and $105, 000 per year,

In Nashua we have man eeds including schools, police and firea and other services and
improved infrastructure. | In addition, we warit to keep our tax rate as low as possible. Given

these considerations, | do not believe that the expanded severance plan is a good expenditure of
$175,000.

In 2001 the Board of Aldermen, in n order to save costs, ainended the formula for the payout of
unused sick timeupon the retirement or resignation of employees hired in 1995 or thereafter.
The 11 employees granted additional sick time payouts by R-18- 066 were ‘hired i in the period of
1995 to 2001. a

Before 2001 the City made payouts at retirement or resignation for 100% of unused sick time up
to a maximum of 720 hours (or 90 days). In 2001 the formula was changed so that the City
would make payouts for 20% of unused sick time with no maximum accrual. R-18-066 goes
back 17 years and restores the 100% payout formula for the 1] remaining employees hired
between 1995 and 2001.

As originally proposed R-18-066 provided the 11 employees payouts for all unused sick time
accrued up to 2001 (arguably sick time payouts that had already been earned) and thereafter
provides them payouts for 20% of the unused sick time accrued after 2001. This was the
compromise reached after discussions between me and members of the Board of Aldermen
before R-18-066 was introduced.

However, as amended by the Personnel Committee, R-18-066 allows each employee to elect
whether to receive the lower or the higher sick leave payout. All indications are that all

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Board Of Aldermen - Agenda - 12/26/2018 - P4

Board Of Aldermen - Agenda - 12/26/2018 - P5

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

employees will elect the original higher payout formula. This will result in sick leave payouts of
720 hours each for a total estimated additional cost of $175,000.

R-18-066 is unfair to 12 employees hired in the same 1995-2001 period who have already left
City employment. It is unfair for the City to grant expanded sick time payouts to younger
employees who are still working, while denying the extra payouts to older employees hired in the
same 1995-2001 time window who have retired a few months or a few years ago. Equalizing the
benefit for the 12 retired employees would cost another $152,000.

For these reasons I am vetoing R-18-066 and asking the members of the Board of Aldermen to
reconsider the vote taken on December 11, 2018.

Cec

Patricia Piecuch, City Clerk
Sue Lovering, Legislative Affairs Manager
Steve Bolton, Corporation Counsel

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Board Of Aldermen - Agenda - 12/26/2018 - P5

Board Of Aldermen - Agenda - 12/26/2018 - P6

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 14:38
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 12/26/2018 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__122620…

AMENDED
R-18-066

RESOLUTION

RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK
LEAVE POLICY FOR CERTAIN UNAFFILIATED EMPLOYEES

CITY OF NASHUA

In the Year Two Thousand and Eighteen
RESOLVED by the Board of Aldermen of the City of Nashua

WHEREAS a change to the policy related to sick leave accumulation and
severance payment upon retirement was made effective July 1, 2001;

WHEREAS said change to the policy in certain cases may have resulted in
employees being deprived of a benefit that had already been earned;

NOW THEREFORE it is hereby resolved that the Unaffiliated Employees
Personnel Policies Section B. 3. Sick Leave shall be amended by deleting the
redlined language and adding the bold language in paragraphs 4 & 5.

Accrual Maximum & Retirement Payout —- Employees (currently employed as
of passage of this resolution) hired prior to July +995-2001 may accrue up to a
maximum of ninety (90) days of sick leave and receive a payout of one
hundred percent (100%) of their sick leave balance upon retirement from the
City, or can accrue an unlimited amount of sick leave and be eligible to
receive a payout of twenty percent (20%) of their unused sick leave
balance upon retirement. (This choice must be communicated to and
confirmed by Human Resources no later than twenty (20) business days
following passage of this resolution.)

Employees hired on or after July 1, 4995-2001 can accrue an unlimited amount of sick
leave and are eligible to receive a payout of twenty percent (20%) of their unused sick
leave balance upon retirement.

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Board Of Aldermen - Agenda - 12/26/2018 - P6

Board Of Aldermen - Minutes - 12/20/2018 - P1

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Thu, 12/20/2018 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__122020…

A special meeting of the Board of Aldermen was held Thursday, December 20, 2018, at 7:00 p.m. in the
Aldermanic Chamber.

President Lori Wilshire presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman Richard A. Dowd led in the Pledge to the Flag.
The roll call was taken with 14 members of the Board of Aldermen present.

Corporation Counsel Steven A. Bolton was also in attendance.

COMMUNICATIONS

From: Lori Wilshire, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

There being no objection, President Wilshire accepted the communication and placed it on file.
PRESENTATION

New Market Tax Credit Program for the Performing Arts Center presentation by Niel Cannon, Finance and
Development Consultant.

President Wilshire
Tonight we have a presentation on the New Market Tax Credit Program for the Performing Arts Center
presentation by Niel Cannon, Finance & Development Consultant. Tim would you please join us, and Mr.

Cannon?

Tim Cummings, Director of Economic Development

Yes thank you Madam President, for the record Tim Cummings, | am the Director of Economic Development
here in the City and with me | have our New Market Tax Credit Consultant Niel Cannon who has been a
blessing to say the least to be involved in this project. He has brought a wealth of knowledge and he is a very
technical expert in this very complex process. What | have asked him to do this evening is to give you a high
level overview, basically a New Market Tax Credit 101 and then speak more specifically to how we would
structure the specific Nashua project.

Before we get there, | put together a small little YouTube video that | want to show you and then lastly, if need
be, | can give you a very specific example of how this tool was used in another community here in New
Hampshire and it mirrors very much what we are trying to do here. With that being said, the YouTube video
that I’m about to pull up is a YouTube video that was done for another area of the country that is a good tool to
help give you an orientation, but some of the details are not 100% accurate in terms of what we are talking
about specifically. But it is very close to what we are trying to do here and it is a good 10 minute snapshot. So
| thought | would play that at the beginning of this conversation, it will help inform the more broader
conversation that will come about when Niel starts his presentation. But again, it is not completely accurate
but it is very, very close.

YouTube video plays.

Mr. Cummings

So we are all experts now in New Market Tax Credits. So that was just a very quick high level overview, again
| want to just re-emphasize, it is not an apples to apples to what we are doing here in Nashua but it is a good
thumbnail to help to give you an overview as to what we are going to need to do for the most part. One of the

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Board Of Aldermen - Minutes - 12/20/2018 - P1

Board Of Aldermen - Minutes - 12/20/2018 - P2

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Thu, 12/20/2018 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__122020…

Special Bd. of Aldermen — 12/20/2018 Page 2

big issues that | want to talk about that is a little bit different that Niel will get into a little bit more detail in a few
minutes is the idea of the ground lease. We are not going to be able to do that ground lease concept for a
couple of reasons and one of them is a municipal corporation should be as far away from the New Market Tax
Credit deal as possible. So transferring the asset into the QALICB and then having a reverted later on down
the line is how we are looking at structuring it. That will protect and ensure the City that the asset returns to
the City but nonetheless it won’t be that explicit ground lease type model that was mentioned in the YouTube
video.

With that being said, | am going to bring up Niel’s power point presentation and turn it over to Niel where he will
go into a little bit more detail about the program itself and the specific way we are going to structure the project
here in Nashua.

Niel Cannon Thanks Tim, my name is Niel Cannon and | am a consultant to the City on New Market Tax
Credits. | have been working with Tim and his people for 2 or 3 months now intensely and I’ve enjoyed every
minute of it. There is a lot of leadership in this City and a lot of excitement over this project.

The New Market Tax Credit Program is a federal economic development initiative that started about 12 years
ago. The purpose of the program is to encourage investments in low income communities. Low income
communities are defined as census tracks that meet certain income criteria, most commonly used is a census
track that has median household incomes of 80% or less of the Statewide average. A census track is just an
enumeration district, ita geographic area from which census data is collected separate from census data for
the whole City in this case.

Nashua has 17 census tracks. They can be bounded by municipal boundaries, they can be bounded by
railroad tracks, streets, roads, whatever. There are 17 census tracks Nashua as | said and of those | think 5
qualify. The census track in which the proposed Performing Arts Center which we are in right now as a matter
of fact, is among the poorest in the State. | told you that the criteria was 80% or less | think | said median
household income, it should be median family income. In this census track in which we are located and in
which the project is located, the median family income is 31% of the State average, it is way low. It has also
got almost a 30% poverty rating. So not only is this eligible it is classified as severe distress which makes it an
ideal target for this program.

Before getting into the details, I’d like to focus on five of the concepts that were referred to in the video we just
looked at. The first thing is the idea of what is a QALICB; a Qualified Area Low Income Community Business.
Assisted business must be a corporation or partnership that exist in a qualified area and we just talked about a
qualified area. This is called a qualified area low income community business or QALICB, that is the box at the
bottom in the diagram we looked at. This means that the City of Nashua cannot be a direct beneficiary of the
program but it can participate as a lessee of QALICB property because the City is not, by IRS definitions a
corporation or partnership. But it can master lease a property that is developed by a QALICB.

This kind of arrangement has been done before. The first City to really use this aggressively and benefit as a
master lessee of a property was the City of St. Louis which did a lot and used it for waterfront development on
the Mississippi River. Boston has used it a lot in conjunction with its redevelopment efforts. And in little old
New Hampshire, Keene has used it twice this way. We probably had 20 projects in New Hampshire for the life
of the program, Keene has used it twice where the City was the master tenant of the project

Initially | was involved in this one | think it was about 5 or 6 years ago. The Cheshire County Court House was
threatening to leave downtown so we put together a New Market Tax Credit Program and we set up non-
profits, QALICB that built a new courthouse, leased it to the City so the City had some control. They sub-
leased it to the State of New Hampshire and after the 7 year compliance period, the State of New Hampshire
will be able to buy it

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Board Of Aldermen - Minutes - 12/20/2018 - P2

Board Of Aldermen - Agenda - 6/14/2016 - P3

By dnadmin on Sun, 11/06/2022 - 21:34
Document Date
Tue, 06/14/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/14/2016 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__061420…

R-16-037
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE TRANSFER OF UP TO $1,146,336 FROM THE SCHOOL CAPITAL
RESERVE FUND INTO CAPITAL PROJECT ACTIVITY “SCHOOL HVAC IMPROVEMENTS”
FOR THE PURPOSE OF IMPROVING HVAC SYSTEMS AT VARIOUS SCHOOLS
e Budget Review Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-16-003, Amended
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman Don LeBrun
ADMINISTRATIVE ENFORCEMENT OF ORDINANCES
e Substandard Living Conditions Special Committee Recommends: Final Passage as Further
Amended

O-16-010
Endorser: Alderman-at-Large David W. Deane
ADOPTION OF AMENDMENTS TO MERIT EMPLOYEE RULES AND REGULATIONS EFFECTIVE

JULY 1, 2016
e Personnel/Administrative Affairs Committee Recommends: Indefinite Postponement

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel

Alderman David Schoneman

Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

O-16-012
Endorser: Mayor Jim Donchess
MOVING PARKING OVERSIGHT AND MANAGEMENT FROM THE TRANSPORTATION
DEPARTMENT IN THE COMMUNITY DEVELOPMENT DIVISION TO THE OFFICE OF

ECONOMIC DEVELOPMENT IN THE MAYOR’S OFFICE
e Personnel/Administrative Affairs Committee Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-16-039
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH NASHUA
COMMUNITY COLLEGE, RIVIER UNIVERSITY, DANIEL WEBSTER COLLEGE, TOWN OF
HUDSON, TOWN OF MERRIMACK, SOUHEGAN VALLEY TRANSPORTATION
COLLABORATIVE, AND THE PLUS COMPANY FOR TRANSIT SERVICES

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Board Of Aldermen - Agenda - 6/14/2016 - P3

Board Of Aldermen - Minutes - 12/20/2018 - P3

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Thu, 12/20/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Thu, 12/20/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__122020…

Special Bd. of Aldermen — 12/20/2018 Page 3

The second one they just did last year was a library, about a $13 million dollar library they used to leverage
general obligation bonds, much as we are suggesting here.

The second point I’d like to bring up is, the amount of the tax credit is 39% of the investment, we call that the
qualified equity investment which they talk to in the slide. For example, if you have $1 million dollar investment
or project cost, the credit amount is $390,000.00. We want to raise cash, reduce debt by selling that credit, we
don’t want the credit, we want the cash. Right now the market is about .85 cents per $1.00. So | can sell that
$390,000.00 in credits to investors, private investors, who will pay us .85 cents a dollar or $331,500.00 cash.

In an ordinary real estate deal you go to the bank and you say to the bank — I'll put up 20% cash, you loan me
80%, | don’t have to put up cash, I’m selling my credits for cash. That is reducing the amount | have to borrow.
That is shown on the next slide.

What else is new? There are fees involved in this and generally they reduce the value of the equity investment
by about 15% as those fees are collected. So that $331 goes to $281,775.00 net. But that is still 28% of your
deal. Earlier in the slide they said it was about 25%, but right now the price is really strong at .85 cents. So
that brings it up to about 28.2%. We don’t know what the price is going to be when we sell these, but my best
guess, we are marveling at .85 cents. In a Concord project | was involved in, we recently got .89 cents. Until
we are ready to close, we are not going to know; the impact of that is if the price per credit goes down the City
bond proceeds put into the project would have to go up or other money that is put in the project would have to
go up. If the price goes up, the price of the credits goes up, we get more for our money and the City’s
exposure goes down. | wish | could tell you what it is going to be, but | can’t.

Number 4, there is a 7 year compliance period. So the structure we put into effect to make this deal happen
has to stay the same for 7 years. Because the investors, the private investors are receiving their tax credits
over a 7 year period; it goes 5% a year for the first 3 years and then 6% for the next 4. So the deal has to stay
in place, the structure of the deal. After 7 years it is by the door, if the City wants to own the property instead
of leasing it, it can. If the City, you know, any kind of deal can happen after that 7 years but because of IRS
regulations and because those investors that are putting the private money in the deal want it to stay together
for 7 years so they can get their full 39%, we can’t do anything. It has got to stay the way it is when we initially
sell the deal and structure the deal.

And finally, number 5 — you heard again in the video touched, well actually the narrator is a CDE. CDE’s are
the key to an MTC funding. They are awarded credits by the US Treasury and they can in turn sub-allocate
these credits to worthy projects that meet their program guidelines. Therefore it is our job to convince at least
1 or 2 CDE’s that the proposed project has financial strength and results in positive community impacts;
whether that includes jobs, more private investment, benefits to low and moderate income residents, all those
things are included. There are several hundred CDE’s in the United States. They all compete for a pot of
authority, right now there is a pending allocation of $3.5 billion dollars, probably 50 or 60 CDE’s will get an
allocation. We are talking to several of them that traditionally get allocations and we will be putting out a
proposal within the next few days, shortly after the 1*' of the year, that we will send to about a dozen CDE’s to
ask them for an allocation of tax credits. What we are asking for in allocation of $18.5 million dollars.

So now take a deep breath and let’s go to the fun part. Dave Fredette is in the house so this is always the one
that he has. Would you like to explain this Dave? So let’s start in the upper left hand corner and we are going
to work our way down all the way to the QALICB and then we will go back up to the top so we are coming
down with how the money is invested, go back to the top how it is paid off. So in the upper left hand corner
you have the bond purchaser. You have authorized the sale of up to $15.5 million dollars of bonds to support
this project. We are estimating that the total bond proceeds that are required for this project are going to be on
the order of $12,927,250.00. So that money comes into the City coffers when they sell it and the City would
then make a loan to what we call the senior leverage lender but it is really an intermediary lender. It is an entity
that we set up that is basically a pass through lender, it is an intermediary, it keeps the City one step away
from a deal which is where the City wants to be, where your lawyers are probably going to want you to be and

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Board Of Aldermen - Minutes - 12/20/2018 - P3

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