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Special Bd. of Aldermen — 06-25-2019 Page 4

Alderwoman Melizzi-Golja

OK. And how fast do they go?

Mr. Briggs If you get going downhill are governed at 15 miles an hour but just going on flat surface, generally
12.

Alderwoman Melizzi-Golja

Ok and just one more, where are they currently being used?

Mr. Briggs

Right now we are operating our scooters in Austin, Texas, Chicago, Illinois and Knoxville, Tennessee.

Alderwoman Melizzi-Golja

OK thank you.

Alderman Laws

| am little concerned about, there are a lot of bars and restaurants downtown. A little bit concerned about
people consuming alcoholic beverages and then hopping on one of these things. | assume the same laws as
operating a vehicle would apply?

Mr. Briggs Yes, depending on how the State classifies a motor vehicle, which | apologize, | am not exactly sure
right now as far as how it applies in New Hampshire. But if it is classified as a motor vehicle, then DUI rules do

apply.
Alderman Laws
Follow up. How do they get charged?

Mr. Briggs | actually can demonstrate. Another thing that we feel separates our hardware from many of our
competitors is the swappable batteries. Essentially this panel does lift up. This panel flips up and it has a
battery than we are able to swap out. If we do have a malfunction like this and this one does, then we do have a
van that we will use to pull these up and it has a charger port directly on the scooter itself. But being able to
swap their batteries and not having to pull the unit off the street is what | think makes our operation model much
better than most of our competitors.

Alderman Caron

Yes thank you, can you tell me how many you are planning on putting out on the streets?

Special Bd. of Aldermen — 06-25-2019 Page 5

Mr. Briggs We will have 75.

Alderman Caron

75. Follow up. So l’ve gotten calls concerning the fact that the bicycles are sometimes dumped on people’s
lawns and then they are trying to find someone to pick them up. Are you going to have some set rules that they
can’t just be put in a neighbor’s yard. Or do they have to be at a particular location, returned to a particular
location?

Mr. Briggs The same parking rules that apply to the bicycles will apply to these. Because these scooters
operate off of batteries, it just by a matter of physics we do need to put our hands on these a little more often
than our bikes so we will have a larger staff and another full-time employee that we will have stationed here in
Nashua to be more responsive for those types of situations.

Alderman Caron

OK thank you.

Alderman Schmidt

Thank you. Is there an indicator to let you know how much energy is in a battery so if you’re going all the way
home you don’t get half-way there.

Mr. Briggs Yes Ma’am. On the top here, for those that are able to see there is an LED indicator that shows how
much battery life is available.

Alderman Schmidt

Follow up. And how is it standing upright.

Mr. Briggs It has a small kickstand.

Alderman Schmidt

Thank you.

Alderwoman Melizzi-Golja

Could you just bring it forward, thanks.

Special Bd. of Aldermen — 06-25-2019 Page 6

Alderman Klee

| have two questions, first in reference to the battery life on it. What is the battery life? So we know that there is
an indicator, but if there’s one there and | decided | wanted to do it and | went on line and did the app and so on,
would the app tell me what the battery life is on that particular one and so on.

Mr. Briggs The app does tell you how far the battery will take you. So each battery is rated at 38 miles.
Generally we anticipate 25 just given terrain and differing body types and so forth. And that’s what our algorithm
is based off of. But once you go to unlock, before you actually start your ride, it'll have a battery life indicator
along with the expected amount of distance that you have.

Alderman Klee

Follow up and the question is will this be ridden in bike lanes or road use? The reason | ask this question is |
too have been getting a lot of calls from people who actually bike. They are concerned that they are going to be
in the bike lanes and then these vehicles. And I’ve gotten concerns from drivers that are saying, I’m going to be
going down the road and I’m going to have a scooter in front of me that’s going 12 miles an hour.

Mr. Briggs It is intended to operate in the bike lanes. Whenever a bike lane is available, that’s where we
encourage scooter use as well. Generally we haven’t had too much of a problem with traffic, even in some of
the larger cities like Austin and Chicago. But that is where we encourage riders to use, because that is a
protected area that is safest for both the riders and drivers. For roads where the speed is less than 35 miles an
hour, or 35 miles an hour or less, we encourage riders to also use a lane when possible to be as far to the right
of the lane to allow traffic to pass safely when the situation arises.

Alderman Klee

Just a quick follow up. In keeping with that, you mentioned the other communities of Austin and Chicago and so
on. Have there been any issues with those on bicycles feeling the negative impact of these in those lanes,
especially when we are going to put 75 on the streets?

Mr. Briggs Not necessarily; it is similar to vehicle traffic, once a situation is safe the bicycles are able to pass the
scooters because they generally go faster than the scooters are. So what we have really seen in those
communities is because usage for the scooters has been so much higher than any docked bike share
programs, it actually creates a lot more advocates for bike lanes and safe bike commuting and such. So
generally an after effect of introducing scooters to a community is improved bike infrastructure and such. So we
have made quite a few allies in the bike community.

Alderman Klee

Thank you.

Alderman Dowd

Two questions — one do we have any input from the Police Department, as to how they feel about these
scooters operating on the street?

Special Bd. of Aldermen — 06-25-2019 Page 7

Mr. Briggs | can’t speak on that at this time, no.

Ms. Chizmas

We have not reached out to the PD but | can certainly do that. We did that in advance of the Bike Share. | just
found out that the scooters could be launched as soon as tomorrow so I’ve got to accelerate my schedule to
speaking with them. But | do have a contact at the PD that we worked with for the Bike Share and will do the
same outreach effort.

Alderman Dowd

My other concern as it is to some degree on bicycles, actually | just thought of another question too, but on Main
Street where the cars are parked and they pull out of the parking space and they are looking for a car, they may
not see a scooter if it’s close. I’m afraid sometimes they won't see a bicycle, I’m just concerned, where do they
ride on Main Street. Side streets is probably not as big of an issue, they can ride in the bike lanes and all that.
But that would be one concern on Main Street, because it’s difficult to even see cars coming sometimes. The
other thing is, are these allowed to be parked on the sidewalk or do they have to be parked in the street. If they
are parked in the street do they park in a parking space?

Mr. Briggs They are encouraged to park on the sidewalk out of the right-of-way in the same area that the bikes
have to.

Alderman O’Brien

Thank you, | have two questions one is follow up to Alderman Caron’s statement which is legitimate. Some of
these could be left at people’s houses, | know the bike and this probably is the same communicates, how it
communicates, satellites, if it is in a zone that isn’t really high usage, somebody goes and picks it up. But in the
case that Alderman Caron brings up, if the device is left and the bike or scooter is left at a place where it is
unwanted, is there a number and is it on the City Web Site that the citizen can call and what would be the time
frame to have it removed? And then the second question, you can answer it all at once, is the scooters at a
wrong angle, but the lights stay on 24/7 and it is a rear light that the people can see the device?

Mr. Briggs To get to your first question, there is a number that | believe the City Web Site links to our Customer
Service that has both a phone number and an on-line form that you can submit. In which case our response
time to those is we aim for like during business hours, within 2 hours. Outside of business hours, then within 2
hours of the next business day. To address the concern, our phone number is also physically on the device
itself. That being said, one of the tactics that we have been using here with the bicycles when we do get a
report of someone that parked it inappropriately, we will reach out to that specific user. Early on in the program,
especially with scooters, we will issue warnings and just try to educate, this is inappropriate and here’s why. But
afterwards we will assess fees for improper parking behavior.

For the lights, both the front and rear light will be on while the scooter is unlocked and able to be moved. Once
you disable the scooter and lock it the lights turn off.

Special Bd. of Aldermen — 06-25-2019 Page 8

Alderwoman Melizzi-Golja

This really isn’t a question for you so I’m going to look at the audience, where are we with developing our bike
and pedestrian program and how is this fitting in and how is this all coming together.

Ms. Chizmas We are actually in discussion with the Nashua Regional Planning Commission right now to see
about getting some help for a bike/ped plan. Definitely high on my list of things to do; and also working with
DPW to make sure that all the right people are at the table when we develop this plan. But we are having talks
with NRPC right now to develop a scope of work to develop that plan. | think it involves public outreach, it
involves a lot of analysis of the existing infrastructure that we have and where people are and where they want
to go. And making sure that we develop our bike lanes appropriately, so it is ongoing, actively, currently | don’t
have a plan in-hand right now though. But again we get the data about where these devices are being used, so
more to the bikes. So that helps inform us as to where people are using them so again we can prioritize our
investments appropriately.

Alderwoman Melizzi-Golja

First of all Julie thank you, and | knew it was in process, but | wasn’t quite sure where it was. And | ask because
when the lanes appeared the Courthouse Oval, | know some of us got phone calls about those. Like how was it
determined to put them there and certainly there is safer than Main Street to Alderman Dowd’s point. But | think
people also look at that as it is a real crazy place to drive, so adding one more lane may not actually be the most
helpful thing there. But people have to get around Main Street some way. So in listening to the discussion
where these are going to be driven, | just think it is really important and | know you understand this, what we
look at the traffic and where these are going because they are going to move quicker. | don’t know how much
noise they generate but you know people are playing their music, and sometimes with my windows up | can
hear their music and they have their windows up too. So we know that they are not going to hear this and that is
just a fact of life. So for the rider safety as much as anything else, | think we just need to think about where
these are going to be operating. And then as we move forward with that plan, how we make sure the riders,
these or the bicycles know where it is perceived to be safer to ride. | am not going to say “safe” but safer to ride.
So that’s my concern about these operating with nothing being very well defined yet.

Ms. Chizmas | think the education that Matt spoke of will be a really important part to the success of this and
any program involving whether it is bikes or trails or new technology that we are bringing in. We are kind of
seeing where this educates us on the development side, as to where we should be putting in bike lanes and that
is part of the NRPC analysis. They had done one a couple years ago looking at origins and destinations and
hey if you fix the sidewalk then kids could get from here to there more safely. So we will be continuing that kind
of analysis again using the data from the devices themselves.

Alderman Tencza

| just have a question. So Alderman Laws brought up about people who were drinking and may hop on one of
these scooters. Have you consulted with the Division of Motor Vehicles about whether someone needs a
license or some kind of special moped license in order to ride one of these. | hate to see someone get in trouble
because they rent one and then their license in suspended or something and then they are pulled over.

Mr. Briggs One of the, and this is across multiple states, one of the benefits of this technology is giving access
to those even if they don’t have a vehicle or don’t have access to a vehicle.

Special Bd. of Aldermen — 06-25-2019 Page 9

So we don’t require a Driver’s License and that’s s one of the benefits of this program is to give transportation
options to those that may not have them. So as far as regulating operation of these at a State Level, that hasn’t
come up yet.

Alderman Tencza

And if | may just follow up. | guess I’m not concerned about regulating them at the State Level, I’m worried about
whether people need to know that they need to have a license or a moped license in order to hop on one, |
guess that is something that they would have to determine for themselves.

Alderman Jette

So | mean this with all due respect, but when | hear you talk about things across multiple states and you don't,
maybe I’m wrong, but you don’t seem to have a very detailed knowledge of the laws of this State. You are a big
company, I’m sure you have high paid lawyers at your beck and call who could advise you about this and
maybe our Corporation Counsel can help us. But | am wondering whether or not we need to adopt some
legislation to regulate these things. | look at our present ordinance and just quickly, but | look at it and it appears
that this thing is defined and comes within the definition of a motor vehicle. | am assuming without knowing, but
| am assuming that these things cannot legally go on the sidewalks. So how do you get it from the street on to
sidewalk to park seems technically like a violation. | don’t know if our Corporation Counsel has had a chance to
look at the local and state laws regarding these things or not.

But | am concerned about your rules are fine, but how are we going to enforce that if there are no laws that
specifically regulate these things. Our laws didn’t envision these things; these are brand new things. | am
concerned about people riding them on the sidewalks. You know the bicycles are not supposed to be ridden on
the sidewalks but they are. These things seem like a potential hazard. | am not trying to throw a wet rag over
what might be a very good thing, but | am wondering whether this has been properly vetted. And if | could
through you Madam President, ask our Corporation Counsel whether he has had a chance to look into this or
not?

*Steve Bolton, Corporation Counsel

| have not been asked to look at this prior to tonight; | will look at it. But as you point out, the bicycles are being
ridden on the sidewalk all the time, as are skateboards and other things, happily not cars very often. Not much
is done to control the fact that bicycles and skateboards and other things are being operated on the sidewalks
although technically they ought not to be. | think this is a motor vehicle, unless | am mistaken and that will
certainly will be one of the things | check into. So if someone has their license to drive, revoked or suspended, |
don’t think they are going to be operating this either. Non-motorized bicycles | think are not motor vehicles
because they don’t have a motor so that is in a different category. But! have not specifically reviewed the ins
and outs of all legislation and frankly | would prefer that the private company who makes money on this devotes
the time of their lawyer to it. That might be something to think about as well.

President Wilshire

Alderman Jette are you all set?

Special Bd. of Aldermen — 06-25-2019 Page 10

Alderman Jette

Well just to follow up. So should, before we launch this program, shouldn’t we ask would it be appropriate to ask
them to provide us with some legal opinion regarding you know what laws and ordinances pertain to these
things and whether or not allowing them to operate in the City is permitted under current law. Or whether some
laws need to be changed or written to do that?

Attorney Bolton

You could certainly request such an opinion.

Alderwoman Melizzi-Golja

To follow up on that and Alderman Laws’ comments, | guess | have concerns that look at both ends of this. |
would hate to have someone think that if they come out of a bar and they know they’ve had too much to drink
they are going to leave their car wherever it is parked and hop on one of these. And then find out they also
have a ticket and maybe do something to themselves or someone else. And then as Attorney Bolton just
stated, | would also not want to see someone who has had their license suspended, think that this is OK too and
do the same thing to get around town. And it is concerning to me that could happen from either side of that. |
have not had overwhelming support expressed to me in favor of this program. | think we need more information
because | think we owe it to citizens. If we are putting these out there and someone takes one because they
think they’ve had too much to drive their car home and then they end up in a similar situation or worse, they
don’t have a helmet on and they drive one of these home knowing they’ve had too many drinks. | think that’s a
problem. So | think that we need to fully understand and maybe reaching out to the Police Department is
another venue that your company should be looking into so we can be very clear with the citizens as to what this
involves and what their responsibility and obligations are and what could possibly happen as a result of an
accident with this vehicle. Thank you.

Alderman O’Brien

Well now I'll put on my other hat as Vice Chair of the Transportation Committee for the State of New Hampshire.
It is my opinion initially this may already come under the OHRV rules within the State. We probably need to
take a look at that, which kind of follows the motor vehicle rules but yet it is kind of relaxed of OHRV as far as
the age of people who are using it. In the case that people do, we are a State that relies on tourism and there
are people up in Bartlett that get on their four wheelers and have at it and go out and have a good fun at the age
of 16. However, they have to be supervised by somebody who is 25 if it gets passed, depending upon the
Governor. But anyways we will see what happens.

But my question is we could sit all day and peel this banana sort to speak. So my question is, have you entered
into the other cities in an agreement, like how long is this going to be? In other words, instead of putting a
sunset clause on it or something like that, could we get into a trial period, evaluate the situation and then see if
some of our worse fears do come? Would be able to immediately terminate if we determine that it really isn’t
working out? And | think that’s more of what | would like to hear because | could sit all day and say, oh this
could happen, that could happen, but you know when it does happen | think we need to have a venue to be able
to address it immediately. Could you speak on that please?

Mr. Briggs Yes in the other cities that we operate our scooters in it is one of two ways, it is either under a pilot
program, similar to what you are talking about where the scooters are invited in from multiple companies or a

SPECIAL BOARD OF ALDERMEN
JUNE 25, 2019

7:00 PM Aldermanic Chamber

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER PRAYER
OFFERED BY CITY CLERK PATRICIA D. PIECUCH

PLEDGE TO THE FLAG LED BY ALDERMAN LINDA HARRIOTT-GATHRIGHT

ROLL CALL

COMMUNICATION

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

PRESENTATION

Performing Arts Center Status Update

ADJOURNMENT

Board of Aldermen

City of Nashua
229 Main Street Lori Wilshire
Nashua, NH 03061-2019 President, Board of Aldermen

(603) 589-3030

June 13, 2019

Patricia D. Piecuch, City Clerk
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Dear Ms. Piecuch:
Please be advised | am hereby calling a Special Meeting of the Board of Aldermen for Tuesday, June
25, 2019, at 7:00 p.m. in the Aldermanic Chamber. Director Tim Cummings will be in attendance to give

the Board an update on the Performing Arts Center.

Thank you.

Sincergly, :
wy, Whore

Lori Wilshire
President

cc: Mayor Jim Donchess
Steven A. Bolton, Corporation Counsel

THE CITY OF NASHUA “The Cate City

Economic Develooment Tim Cummings, Director
cummingsi@nashuanh. gov

PAC STATUS UPDATE REPORT
To The Board of Aldermen 6/19/19

To the Members

of the Board of Aldermen:

Thank you for providing me with an opportunity to give you a brief overview and status update as to where the
PAC stands. The last time I was before you was in March where I spent a bulk of my time reviewing and
updating the Board on the design related elements of this project.

Below I have outlined in bullet-point form various new developments:

¢ Architectural Design

oO

Oo
® NMTC
e Capital

Architectural design continues to progress we concluded Schematic Design (“SD”) with a
majority of the decisions made and have begun Design Development (“DD”), which will last
approximately 8 - 12 weeks (we are approximately 6 weeks within DD)

At a meeting in May the Architect (and design team) presented an update as to how the
current design is unfolding and the initial cost estimates — there is going to be a need to make
some decisions in the near future to bring down the project costs

The Design team highlighted a pathway forward to achieve the target Building + Demo
budget of $12.5M (but tradeoffs will be necessary, but nothing affecting the guiding
principles of the design)

Steering committee continues to meet almost every other Wednesday (unless otherwise
stated) the meetings are in Room 208 and go from 5 PM —7 PM - The next meeting is
tomorrow 6/26 and will be a discussion on design of the project

We are in the process of putting together the legal structures necessary to be able to carry out
the transaction. We are doing this in advance to position ourselves as best as possible for
being “project ready” — one of or the most important components in the process of securing a
NMTC, This legislation was just passed.
As previously noted, eight out of the twelve CDEs we solicited (or 66%) responded with
some form of interest, but most noted it was very early and asked for us to follow up, but
they liked the project.
Last week 2018 NMTC awards were announced and we will be actively outreaching to new
and already engaged CDEs that were just awarded an allocation to market the project
Niel Cannon and I attended a NMTC conference the 1* week in June to promote the project
and meet with CDEs
We are actively soliciting CDEs
Campaign Committee
Meets regularly with Betsy McNamara and has begun the donor solicitation phase

« The group meets every 2 weeks in some fashion to discuss efforts
A NH CDFA Tax Credit was awarded to this project

e Thank you to Alderwoman Trish Klee (for attending the announcement) and

Alderwoman Shoshanna Kelly (for attending the CDFA Briefing) last week

Local businesses are being outreached to with the hopes that they will get involved
Foundation grant applications are being filed
The non-profit paperwork will be filed this week
Focus is on “lead level” gifts