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Board Of Aldermen - Minutes - 10/29/2018 - P3

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 3

| am going to move away from the feasibility study now and talk about campaign strategy and timeline unless
anybody has any questions before | proceed?

Ok so a campaign typically has very specific phases and | should tell you, | probably should have done an
introduction in the beginning of my background. I’ve been in development in New Hampshire for 30 years both
as a Staff person and then for the past 15 as a consultant. Between my staff and consultation roles | have
worked on at least 15 capital campaigns around northern New England. They range in size from $500,000 to
$5 million. This is not Dartmouth or UCLA’s $300 billion campaign, these are community-based, non-profits
that are working with Full Circle Consulting so that we can help them manage their relatively smaller capital
campaigns. Through that, | have come to recognize that there are very distinct phases and also there is a lot
literature in practice out there that backs up our experience.

The first phase | would describe as campaign readiness and this can take anywhere from a few months to 5
years, depending on the organization. This is about pulling together your “why”, which is the case statement,
why is this project worthy of charitable support? Why should donors be interested and invested in this? What
about it is going to be exciting to them? So that is our case for support as we describe it. | think all of you
have seen this, haven’t you? Ok. So this is one part of it, we have additional materials that answer questions
and we will continue to tweak those as they go forward, but this is more of our standard and what we hope is
an inspirational piece.

This is also when we pull together our capital campaign committee of volunteers in the community who are
willing to ask for contributions from their peers and colleagues and neighbors and help with events around this
fund raising. This is also when we identify perspective donors. So what is different about this from a non-profit
that has a history say, you know, like an organization that has been around for 30 years is that those
organizations have a donor base. They have a list of people that they know have given to them before and
they can probably go and start. Here it is even a little more difficult in that we need to identify people who are
interested in the Performing Arts Center and then really engage them as to their interest to give.

Then there is what is called the Lead Gift Phase and | am going to attach some numbers to this, to these
definitions ina moment. So this is really wnen we are asking a small number of people who will give probably,
if all goes according to plan, and you know best laid plans, but what will probably happen is that a small
number of people will give the majority of the money needed for the capital campaign and this is quite typical.
When | started my career in fund raising, the rule of thumb was that 80% of your money is going to come from
20% of your donors. I’ve talked about that in front of a lot of groups and I’ve had a number of business people
say “that is the kind of thing that happens with some businesses as well that 80% of your income could come
from 20% of your clients or customers’.

That has changed in the 30 years | have been in the field, it is now closer to 95% of the money from 5% of the
donors, so philanthropy is seeing what the United States is seeing as a whole which is the increased disparity
in wealth distribution. So some of these lead gifts are going to be very, very important and these gifts can
come from businesses, they can come from individuals, these lead gifts are probably not likely to come from a
private foundation, at least one in New Hampshire.

We hope that we would achieve 70% of the campaign goal in this first phase and then we would move on what
is called the Major Donor Phase which is the next tier of gifts coming in. Those first gifts are more one-on-one
meetings and really long conversations to encourage people to give. After that the outreach can be through
house parties, events, phone conversations with folks. In the major gift phase we get to 90% of the campaign
goal and then it is the Public Phase. This is when you think of oftentimes this is the only phase that a person
not involved with the campaign sees. So this is when there are big events around a capital campaign, there
might be a mailing, there might be dinners around the community. This is where many, many people bring in
the final 10% of the campaign goal.

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Board Of Aldermen - Minutes - 10/29/2018 - P3

Board Of Aldermen - Minutes - 10/29/2018 - P4

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 4

What you have in the end is hopefully a pretty robust base of donors to support your organization going
forward and you’ve achieved your campaign goal. | always add in the Appreciation Phase, you want to thank
the donors and the volunteers and so this is when you would have a celebration, a grand opening, an open
house, in inaugural show, appreciation letters.

To attach some numbers to this, this is what is called a Gift Chart, it’s like a road map of how we think we can
get to $2.5 million dollars in private charitable contributions. There is a very standard way of doing this, there
is a calculator on the internet, | can’t remember the name of it now, but you can enter in your campaign goal
and it will spit one of these out, it is really an analysis of how much you need at each level to get to your
campaign goal. One of the rules of thumb is that your lead gifts should be at least 20% of your total goal: that’s
your one gift should be at least 20% of your overall goal. So if you work that out, our lead gift should be about
$500,000.00.

We are talking about 14 lead gifts for a total of $1.75 million; so 70% of the campaign goal. As you can see
these numbers really back up what | was talking about in terms of the importance of that lead gift phase. Then
in the Major Gift Phase you have 41 donors, this is again projected, but this tends to be how it goes; 41 major
donors for just shy of $500,000.00 and that would get you to 90% of the campaign goal. Then in the Public
Phase we could have hundreds of gifts, totaling $255,000.00 for the final 10% of the goal. Again those gifts
are very, very important in that they will support the organization in the long run; that is the beginning of the
annual fund for the organization. Any questions here, I’m kind of flipping through this.

Alderman Tencza
Can | ask with the Lead Gift, would that be for things like naming rights or would that be completely separate?

Ms. McNamara Yes definitely naming rights. So the campaign committee work group has developed a draft
of naming rights, based on architectural schematics that we have at the moment but of course those are not
yet set in stone. It is a little hard to offer naming rights for rooms but yes definitely, that is definitely what we
want to do. A large motivation behind the gift is that naming opportunity and some donors don’t care at all, we
want to be able to meet every donor's interest in that.

This is a time line that goes a little more into the weeds because it shows that we are now in Q4 of 2018 so this
is when we’ve almost completed campaign readiness, the New Market Tax Credits are happening. CDFA tax
credits we hope that process will start in the second quarter of 2019 and then it just outlines when we think
everything will happen. Does everybody know the difference between New Market Tax Credits and NH CDFA
tax credits?

| can speak to CDFA tax credits, which is the New Hampshire Community Development Finance Authority has
been given, | think it is $5 million dollars a year from the legislature, and has been given the ability to award tax
credits that support a non-profit project and a business may purchase those tax credits, and its money is
directed to the non-profit and then the business is able to write off the corresponding amount that they gave
from their business. NH Business Profits Tax, Insurance Tax, Business Enterprise Tax so it is a really nice
additional, | think of it as a toolkit, another tool in my toolkit as we go out and speak with businesses about
contributing to a capital campaign.

Mr. Cummings So relative to New Market Tax Credits we have a separate tax credit consultant working with
us who will be presenting to you on November 8" exclusively on the New Market Tax Credit Program. It is
very similar to the New Hampshire Federal CDFA program, the New Market Tax Credit is a Federal Program
and we would be looking to access that program in a separate but similar endeavor.

Ms. McNamara _| would say that one notable difference in terms of where | sit in terms of philanthropy is that
New Hampshire businesses, because the NH CDFA tax credit supports NH non-profits, they really tend to
consider it as part of their philanthropy. CNS Wholesalers | think is the biggest or one of the biggest

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Board Of Aldermen - Minutes - 10/29/2018 - P4

Board Of Aldermen - Minutes - 10/29/2018 - P5

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 5

businesses in the State, it is based in Keene, they really focus on Keene and hunger which makes sense for
an entity that is focused on groceries and is based in Keene. So they really use it as part of their philanthropy
whereas | would say the New Market Tax Credits, it is really more transactional.

Mr. Cummings Yes to follow up on that is very transactional and it is a Federal Program and the largest
purchaser will not necessarily be not even in NH but within New England. The largest purchaser of New
Market Tax Credits is US Bank.

Alderman Tencza

Can | just ask a question about the tax credits? Are those competitive | mean especially the NH, | mean are
businesses guaranteed if they want to donate to the Performing Arts Center get those tax credits or is there a
process?

Ms. McNamara For CDFA?
Alderman Tencza
Either.

Ms. McNamara The process for NH CDFA is we have to apply to NH CDFA it is quite competitive so there is
a whole application process and they make a decision and we will Know in June. | have worked on a number of
campaigns, especially the arts, that have done well, because they see the connection between economic
development and arts. They connect the dots to the creative economy that this kind of thing would bring in. |
can’t guarantee it, but | think it is a really good option.

Mr. Cummings And similarly if | may just relative to the New Market Tax Credits, it is an application process, it
is very competitive, the feedback that we have gotten as we’ve been working through this is this is a very good
project. You apply to what is called a CDE, a Community Development Entity. These Community
Development Entities are throughout the entire country. Our application can go throughout the entire country
and based off of available credit and applications, it is a competitive process for receiving an award or an
allotment. We are focusing on an area that is a census delineated track that is a low to moderate income track
that | know that folks within the community development world are very interested in seeing economic and
community development occur within. So there is some cautiously optimistic folks that believe that this is a
very good project to receive a New Market Tax Credit.

Alderman Lopez

When you were interviewing people, did you speak to any other non-profits that might be using similar
programs like CDFA or New Market?

Ms. McNamara One of the questions that | asked everybody that | interviewed is if they know of any non-
profits that are starting a campaign that might compete with this and there were none that bubbled up, that
people know of. That’s not to say that non-profits might not be planning something but there are none that
people know of. So! don’t. But | will say that NH non-profits can and often do apply for CDFA tax credits,
independent of a capital campaign; so the CDFA tax credit award might fund their entire project. So there
could competition. Sometimes CDFA likes to do one or two or three CDFA tax credit awards in the same
community because they see them as leveraging each other.

| wanted to talk a little bit about what are the different rules and responsibilities in a capital campaign.
Sometimes | am hired as a consultant and people think “Oh phew! She’s going to take care of it, we are all
set, check that off our list”. So the people on the capital campaign work group that | have been working with
know that is not true. Let’s start with this, so the campaign committee which is a group that we are recruiting

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Board Of Aldermen - Minutes - 10/29/2018 - P5

Board Of Aldermen - Minutes - 10/29/2018 - P6

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 6

now, we’d like 10 to 15 people who are connected in the committee who are passionate about this project; who
are fearless about talking it up in the community and to people who are willing and able to make a gift,
particularly in the beginning a large gift to this. People on the campaign committee need to make a gift to the
best of their own ability and those folks have already been asked and they are in process, well many of the
folks have been asked. They will help to identify prospective donors and we really hope that they will work, it’s
not just a matter of giving us great names, it is a matter of “And | know them and I'll call them and set up an
appointment for 2 of us from the committee to go and meet with them”.

They will work with me on campaign strategy and they will lend their name to the effort which is particularly
important | think in this campaign. This is a working group, this is every other week meetings for an hour and
then work in —-between to do follow-up.

Campaign Counsel, that’s me, so | help to devise strategy, | work with the committee to identify prospective
donors. | don’t obviously know donors in every part of every community that | work in, but | Know how to ask
the right questions | think to help people come up with the right names. | support the campaign committee and
| really staff it particularly in an entity like this that doesn’t have its own staff. | help to track donors but it is not
really the role that | typically do; typically there is a staff person and we are working on getting volunteers to
help do that. To keep things on track, | really follow up on people and make sure people are doing what they
said they would do.

Who does what in a campaign? So if any of you serve on a non-profit Board in addition to your City volunteer
work you know that Board members are asked to make a gift to a non-profit to the best of their ability and
Boards are typically asked to add names to the list of prospective donors that we are talking about. And then |
added consider hosting a house party because that is a very effective way of raising awareness about the
project and also asking for the project. In this case | would consider, | hope you don’t think I’m presumptuous,
but | would consider the Steering Committee to be the Board of this entity. And so as such, | thought | would
bring this up because | feel like this is your responsibility in the campaign, in addition to your many other
responsibilities.

Just to keep in mind that this is what we are all shooting for or something that looks like this and we hope that
we will be demonstrating progress soon but it will certainly take many, many volunteers in the community. So
any other questions? | asked Tracy to say a few words as well.

Tracy Cassidy So thank you for providing the opportunity for us all to get together and talk about this. As
many of you have heard from me over the last year or so, not only personally am | incredibly supportive of a
Performing Arts Center but it is something that the Chamber of Commerce here has also gotten behind actively
because of the positive economic impact that we believe will happen to the City as a result and that economic
impact happens in waves; ultimately resulting in people coming to performances and spending money and
getting babysitters and using Uber and going out to dinner and all those things that will happen. But the
economic impact actually starts earlier and it has already started here with the Steering Committee, those
Board Members that Betsy mentioned. | want to build a bit on the analogy that Betsy started her presentation
with of annual campaigns being like housekeeping, it is never over. No matter how many times you sweep the
floor, you’ve got to sweep it again; no matter how many times you empty the dishwasher, you’ve got to do it
again. That is really what annual fundraising is about.

Capital campaigns are that big leap forward. Those really thoughtful major impact things. There is a similar
analogy to campaign giving. So annual campaign gifts are often what | would refer to as “checkbook gifts”.
You get asked by your local non-profit that you support and believe in, once a year and you kind of look at your
checkbook and you go “how much can | give this year”. Is it $200.00? Is it $1,000.00? Are you one of those
donors who make development directors do cartwheels and you are giving $10,000.00, been there it is an
awesome feeling, but they tend to be “what do you have at that moment in time that you are willing to give
back to that organization’.

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Board Of Aldermen - Minutes - 10/29/2018 - P6

Board Of Aldermen - Minutes - 10/29/2018 - P7

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 7

Capital campaign gifts by contrast are asset gifts often, they are thoughtfully considered, strategic investments
that a donor makes in the future of an organization not just in the today of an organization. As such they are
almost always multi-year gifts. So someone who might be able to give, I’m going to use big numbers because
they make me happy, a $10,000.00 gift to an organization thinks about it and says “And | can make that gift
every year for the next five years, | consider this project so worthy of my support, that | am going to place this
campaign above all of the other giving that I’m doing in the community for that time limited amount of time that
is the capital campaign”. Gifts of stock are common in a capital campaign, someone owns appreciated stock
and they donate those shares to the campaign as they are gift. I’ve seen gifts of life insurance although those
can be iffy and | don’t see them as often, but you really can’t count on those. But they are truly asset types of
gifts as opposed to checkbook gifts, planned out, multi-year commitments.

Several members of the Steering Committee have already stepped up and made those gifts. One of the things
that is important, | know Betsy has used the word “big”, | pointed to $10,000.00 gifts, but | want to make it clear
that it contextual, and | didn’t say that word right but you all get what | mean. For some people a commitment
of $500.00 a year is a true stretch gift. It means they may not be able to give in other areas that they
traditionally would for that period of time. And for other people that’s $50,000.00 a year. You know they are
able to make the commitment at that level and that is a stretch for them so that is the kind of giving that we
look for. | don’t want to put anyone necessarily on the spot and let you all know who has or has not given so
the campaign committee actually has not yet seen the final pledge form in all of its glory and beauty.

| am going to hand that out because | think it is important as we go out into the community and we ask our
peers for their support, that we make our own commitment, first and foremost. | will say and everyone else |
won't tell who has and hasn’t so you may get a form if you’ve already given, we know you’ve already given. |
do want to say | have made my gift and it was a stretch gift for me at this time but something that | believe
strongly in. | would encourage the other members of the Steering Committee, our Board, to do so as well. So
| will get up and do that and you all know who you are.

Alderman Klee

I’m sorry | just want to ask one question, have they set it up yet that we would do an on-going with a credit
card?

Ms. McNamara Thank you for asking that, so this is what | would describe as a draft pledge form, the work
group is working with City Arts Nashua since this Performing Arts Center does not have its 501(C)(3) non-profit
status yet, and in order to accept charitable contributions it has to be a 501(C)(3), City Arts Nashua is in the
process of negotiating with the Performing Arts Center to become the fiscal agent which essentially means that
they will accept gifts on behalf of the Performing Arts Center until such time as it gets its own 501(C)(3) which
cannot be soon enough as far as I’m concerned. So we are figuring out the logistics of setting up credit card,
the ability to take recurring credit card gifts or credit card gifts of any size, as well as gifts of appreciated stock.
At the moment the options are pledge and check.

Ms. Cassidy So just in conclusion, you’ve seen in the presentation that Betsy made what the levels are giving
are that we need to achieve our dream of a Performing Arts Center and make it actually become reality. |
would just ask all of you as you think about what level of giving you might be able to make, who else you know
in the community that we should be talking to. Because we know a lot of people but we certainly don’t
everyone. You can reach out to anyone on the Steering Committee, to Betsy and let us know your thoughts.
We are always happy to answer any questions, happy to sit down with anyone one-on-one and talk though it in
more detail about what you are thinking about, what type of a gift you might make. Please don’t consider this
an actual formal solicitation; those are really done one-on-one with people at this phase. But we wanted you to
be aware of what we are looking for and that we believe strongly enough in what we are doing that we are
putting our own skin in the game personally to make this happen.

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Board Of Aldermen - Minutes - 10/29/2018 - P7

Board Of Aldermen - Minutes - 10/29/2018 - P8

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 8
Alderman Jette

When you say you’ve made your pledge, | thought that the City had to establish some kind of an account that, |
can’t remember the details of it, we’ve talked about it before. | thought before we could start accepting money
we had to establish some kind of a trust account.

President McCarthy

That is the agreement with City Arts Nashua that was just talked about. There is negotiation going on and an
agreement to allow City Arts Nashua to be the fiscal agent for the Performing Arts will be forthcoming and at
that point we will accept donations. What was said was pledges, not necessarily that we have collected the
checks already.

Ms. McNamara Let me just clarify, there are some checks that have come in through City Arts Nashua, the
systems are just not yet set up.

Mr. Cummings No| don’t think | need to elaborate any further although | was just going to add is we are
working diligently with City Arts Nashua. | wouldn’t necessarily term it a negotiation; we are actually just
working out the logistics or actually how certain internal processes will occur. You don’t really actually
understand all that goes into it until you actually start doing that piece by piece type of process. City Arts
Nashua stepped up to the plate very early on, was very committed to this project; made this a central theme in
one of their big events earlier in the year.

We are looking now just to memorialize that conversation; we have internal City processes that we need to
through, one being getting the fiscal agent agreement approved by the Finance Committee. | am working really
hard to try to make a November 7" deadline and unfortunately if we don’t make that deadline, the next time we
can actually do that is the first meeting in December which | think is December 5". | have a lot of pressure on
me by a lot of different folks to try and make the November 7" deadline and | am hoping to do that because
that will be the last major hurdle that we have to actually move that particular issue forward.

Alderwoman Melizzi-Golja

Yes | don’t know Betsy if this is for you or Director Cummings or someone else around the table, you talked
about we are looking at $6.5 K, $4 million from New Market Tax Credits Federal money and $2.5 private plus
the NH Community Development Finance Authority. | know we talked about this Director Cummings when you
gave your presentation and | know people ask me because they seem to think | would know and | have no
clue. So | am asking the question here in case it hasn’t been put to directly privately, when this went to the
community we said we were going to raise $4 million. So we know $2.5 is private donations, where is the rest
coming from? Is that coming from the New Hampshire Community Development Finance Authority? That
question has been out there because people are hearing us talk about this and people are seeing these
numbers and going OK and | know that is not a mandate, but | think people just want to know what are we
doing with the money and how are we looking at all of that money coming in.

Mr. Cummings So | will just answer it very simply as tax credits is private sector money. So how we get there
is a matter of we have the best laid plans and as we execute them we will see how we do, but we know right
now we are looking at a New Market Tax Credit of approximately $4 million dollars. We know private
charitable contributions at about $2.5 million, we know in that $2.5 million there will be some percentage for
CDFA tax credit. We also know that we will be looking for foundations and other types of sponsorships to get
to that $6.5, to be clear all private sector funding. But the different sources to get to that $6.5, we will
understand that better as these plans get more solidified. But that is the best outline | can give you right now.

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Board Of Aldermen - Minutes - 10/29/2018 - P8

Board Of Aldermen - Agenda - 6/14/2016 - P24

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
24
Image URL
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(oa) THE CITY OF NASHUA “the Gate City
% ig Financial Services

is 2h ao

Purchasing Department

May 26, 2016
Memo #16-142

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TO APPROVE A PROFESSIONAL SERVICES CONTRACT WITH SANBORN, HEAD &
ASSOCIATES, INC FOR GAS COLLECTION AND CONTROL SERVICES (VALUE:

$45,000)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE
ACCOUNT CLASSIFICATION: 81 CAPITAL IMPROVEMENTS

Please see attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
May 26, 2016 for the information related to this purchase.

Pursuant to § 5-83 Professional services. A. (2) Specific experience with similar projects; or earlier
phases of the same project.

The Solid Waste Department Superintendent, Board of Public Works (May 26, 2016) and the Purchasing

Department recommend the award of this contract in an amount of $45,000 to Sanborn, Head &
Associates, Inc. of Concord, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Cc: J Lafleur L Fauteux

229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3344

Page Image
Board Of Aldermen - Agenda - 6/14/2016 - P24

Board Of Aldermen - Minutes - 10/29/2018 - P9

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
9
Image URL
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Special Bd. of Aldermen — 10/26/15 Page 9

Alderwoman Melizzi-Golja

One of the questions that was asked of me is the $2.5 private plus the NH CDFA and what | am hearing you
say now is that is all combined and it is $2.5 including the NH .... So thank you.

Mr. Cummings Yes that’s absolutely correct, that $2.5 of the private charitable giving if you will, that
contributions, there is a number and | don’t want to say what that number is off the top of my head but
somewhere between $500,000.00 and $1 million dollars could come from the CDFA and then depending on
how the giving comes from the charitable side of things, that could be anywhere from $1 million to $2 million
dollars. In theory we could actually see something more than $2.5; we could see something a little less than
$2.5. We are in that range and we won't really know until we start pounding the pavement and making
solicitations and really seeing how the lead donor phase actually shapes up.

Alderman Jette

I’m really not trying to raise objections to this but | really thought that we had to establish an account by State
Law into which this money would be deposited and | am concerned, | hope that we raise all the money and
everything goes forward, but people are asking, probably not just me but I’m sure other people have asked
others of you if we don’t get to the $4 million that the legislation requires, what provisions are there to return

this money? Is that the plan we are going to return the money to people if we don’t get there and how do we
do that? And what about this State Law that requires that we establish this?

President McCarthy

Can you tell me what State Law that is?

Alderman Jette

No | can’t, we talked about it before.

President McCarthy

The only statutory requirement that | am aware of is that is has to go to a 501(C)(3) by Federal Tax Law.
Alderman Jette

No I’m thinking of a State Law that we have to deposit this money into and we have to be accountable for it.

I’m sorry that | didn’t expect that this would be part of the discussion and I’m sorry that | can’ tell you what law it
is, but we talked about it a month or two ago when we first started talking about raising this money.

President McCarthy

The only law that we have talked about is that if the City itself accepts the money then there has to be a trust
fund or special revenue account associated with it.

Alderman Jette
That’s what | am talking about.

President McCarthy

We are not doing that, we are putting it into the hands of a non-profit, it will never be the City’s money; it will be
in the non-profit.

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Board Of Aldermen - Minutes - 10/29/2018 - P10

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
10
Image URL
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Special Bd. of Aldermen — 10/26/15 Page 10

Alderman Harriott-Gathright

| Know that you are still into negotiations, but do you have any idea what percentage the fiscal agent is going to
get or have you not gotten that far into negotiations?

Mr. Cummings What has been represented to me thus far is that there is no interest in City Arts Nashua
charging a percentage.

Alderman Harriott-Gathright

Excellent, if that is true, excellent.
Alderman Caron

Yes thank you, Alderman Jette asked a question concerning if the $4 million dollars wasn’t raised per
legislation what would happen. Do we have any idea or are we anticipating that we will get that money
considering some of this is Federal and State grants and you have a lot of competition.

President McCarthy

Anybody want to take that one on? Director Cummings?

Mr. Cummings Well from my perspective | don’t have an option we need to raise the $4 million dollars so that
is the only way | have been looking at this and we are going to figure out a way to get it done and if any of you
have been working with me over the last few months you know that this is pretty much all | have been focusing
on exclusively. | say that because we are trying to figure the best way possible to ensure that we create a
good, healthy arts and entertainment district here in the downtown. With that being said, | would ask maybe
Betsy to explain what the best practice is in terms of capital campaign giving and if for some reason that
scenario would occur, how you typically handle that type of situation.

Ms. McNamara _ Fortunately I’ve never personally run into that. A couple things, first | think particularly any
non-profit raising several million, smaller community based non-profit raising several million dollars is a risk
and it is a leap of faith on the part of the donors. So | think that this is being asked in a very much more direct
way than | have experienced before in capital campaigns but it is usually a concern that donors have. And it is
usually asked in the form of how is this going to keep going after you build the building, so sustainability. That
is one point.

The second point is that most of the time these gifts are made in pledges so that mitigates people’s risk if they
perceive that they have a risk. And the third thing is that in terms of, | mean | would not call it best practice to
have a campaign fail and have to give back money, as | said, I’ve never run into it. | think that yes there is a
dissolution of the fund and there are usually have been funds that have been spent in the course of creating
the non-profit, since a lot of this is for endowment that would not be the case so you would give it back.

The State Attorney General Charitable Trust Unit would have an opinion about that too. So if money was given

in good faith for a non-profit and then the non-profit dissolved, there are all kinds of regulations around that. |
am really not expecting to be there, but | appreciate the pressure behind that question.

Alderwoman Kelly

| wanted to know, | Know we are forming a non-profit connected to the PAC, will they take over being the fiscal
agent once that is formed?

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Board Of Aldermen - Minutes - 10/29/2018 - P10

Board Of Aldermen - Minutes - 10/29/2018 - P11

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Mon, 10/29/2018 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 10/29/2018 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102920…

Special Bd. of Aldermen — 10/26/15 Page 11
Ms. McNamara

Yes. It will be its own 501(c)(3) entity, so we would no longer have a need for the school agent.

Alderwoman Kelly

| am just wondering how long we anticipate before that 501(C)(3) will be formed and able to do that?

Mr. Cummings So | will just say that taking and forming the 501(C)(3) is a relatively short order type process
and we are in the midst of currently doing that. In fact that is work being done by our steering committee right
now. Getting the designation for 501(C)(3) status is a little bit longer of a conversation which is a real critical
element of that and that can go anywhere from six months to a year. We will immediately start on that process
once we actually have the paperwork in order We are working through this methodically and that is kind of
where we are with the process.

Alderwoman Kelly

Thank you.

Ms. McNamara Just to ask, does everybody know what a 501(C)(3) is? Ok.

President McCarthy

Are there additional questions? Ok thank you very much.

Mayor Donchess

| think we should just think for a moment about Squirrel Hill. This was a terrible tragedy and | have kind of a
connection there, my daughter lived in Squirrel Hill for a couple of summers when she was going to a ballet
camp in Pittsburgh. Temple Beth Abraham was very shaken up by this, the Police Department was very good
in responding immediately to Temple Beth Abraham on the day of the shooting. The Crop Walk took place
there yesterday afternoon and the Police Department was again very good about making sure that was all
covered and everybody understood that they were safe.

We are fortunate | think and | know we all understand this to be here working on this really nice project
together. squirrel Hill is a neighborhood; it is like Nashua in many ways, kind of middle class neighborhood
with a lot of good people who live here and very community-minded. We are just fortunate to be here working
on this project together. Hopefully a tragedy like this will never come to Nashua but | think we should just
count our blessings and be glad that we live in a community of peace and pray that we remain that way.
Because this has just happened, | just thought it was appropriate to mention.

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN

Alderman Lopez

| just wanted to add to the Mayor’s comment, a thank you to the Nashua sign guys because when you are a
community that is trying to be resolute and positive in the wake of a tragedy, it really helps to have a bunch of
guys show up with signs that say “you’re awesome”. | just want to add thank you to the sign guys.

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Board Of Aldermen - Minutes - 10/29/2018 - P11

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