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City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

May 24, 2022
Memo #22-285

TO: Mayor Donchess
Finance Committee

SUBJECT: Engineering Consulting in the amount not to exceed $75,000 funded from 81700
Infrastructure Improvements/Wastewater Fund

Please see attached communications from Choose an item., dated Click here to enter a date. for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item:
Value:
Vendor:

Department:
Source Fund:

Ordinance:

Engineering support for sewer and drainage analysis and design
not to exceed $75,000

Hayner/Swanson Inc.

169 Wastewater

81700 Infrastructure Improvements/ Wastewater Fund

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required.

The Board of Public Works (5/25/2022 BPW meeting), Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor

A special meeting of the Board of Aldermen was held Tuesday, October 12, 2021, at 7:p.m. in the aldermanic
chamber as well as via Zoom teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Linda Harriott-Gathright led in the Pledge to the Flag.

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please indicate if
participating via Zoom state why you are not meeting in person and whether there is anyone in the room with you during
this meeting which is required under the Right-To-Know Law.

City Clerk Lovering called the roll and asked them to state the reason he or she could not attend, confirmed that they
could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 12 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin Clemons (arrived
at 7:06 p.m.), Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt,
Alderman Brandon Michael Laws (via Zoom), Alderman Skip Cleaver, Alderman Linda Harriott-Gathright, Alderman
Lori Wilshire.

Alderwoman Shoshanna Kelly and Alderman Thomas Lopez were recorded absent.

Mayor James W. Donchess was also in attendance.

President Wilshire

We have a public hearing this evening on the operation of sports book retail locations within the City of Nashua and
I’m going to ask Director Charles McIntyre from the NH Lottery to come up and just give us a brief overview of what
this is and then we'll open the public hearing.

Charles Mcintyre, Executive Director of NH Lottery

Good evening everyone. Charlie Mcintyre — I’m the Executive Director of NH Lottery for the last 11 years. I’m here to
submit for your approval or for you folks consideration a ballot item that has to go before the voters in order for a
physical sports book location to be located within the confines of Nashua. Under the term of law, there are a
maximum of 10 locations available across the State. As you can imagine based on our needs and maximum sort of
economic potential, select locations would be (inaudible) so we would ask for your consideration and I’m here to
answer any questions you have.

Alderman O’Brien

Thank you Madam President. Mr. Mcintyre right now by putting this on the ballot just basically puts a roof over what’s
really what’s going on now. Am | correct? The people would be able to go on their phones and to...

Charles Mcintyre, Executive Director of NH Lottery

So there’s really two elements here. There is mobile and computer and then there’s physical sports books which are
very much like a kind of high end sports bar and they attract (inaudible). So it’s really two customers. Most of the
retail book traffic is well off people and tend to be from Massachusetts who spend money in retail sports books. They
like the physical activity. They like to be in person, and watch the games on TV, and order food. They don’t like to do
it through their phone. Its two very different customers. People use the phone and computer as well but we like to
have both.

Alderman O’Brien

Follow up if | may? So it wouldn’t be that far of a stretch cuz when | wrote this, it was my intention to help out
charitable gaming. Although this portion of it does not any of it go into charitable gaming, it will enhance the
opportunity for somebody who did go in like you say in the example to go in and watch the game live, enjoy it with his
friends. He may walk over to a table of chance and make his first million or good luck to him or whatever.

Special Board of Aldermen 10-12-2021 Page 2

Charles Mcintyre, Executive Director of NH Lottery

Absolutely. For the first year it was 70 percent above expectations for revenue for the State. So we brought in about
$17 million. So you folks it probably would have been around $800,000, $70,000 would have come to Nashua give or
take for education funding of that. Like | said $17 million profit last year and that gets divvied up into the Education
Trust Fund.

Alderman O’Brien

Yeah and this was before the ballot before and | think a lot of people didn’t understand it. So I’m going to put you on
the hot seat if I’m allowed. How would you inform the people that maybe there was some misconceptions in the past
upon this and how this would enhance indirectly charitable gaming establishments?

Charles Mcintyre, Executive Director of NH Lottery

It will impact because more folks will be in the facility to engage in that activity. It will drive a significant, a significant
number of folks from Massachusetts to Nashua through (inaudible) activity up here. They're do all kinds of things.
The folks that visit our retail sports book are very wealthy. They spend $1,000, $2,000, $3,000 betting. So it’s a very
large economic activity that you’ll benefit from.

Alderman O’Brien

Thank you Mr. Mcintyre and thank you Madam President.

President Wilshire

Thank you.

Alderman Tencza

Thank you Madam President. Mr. Mcintyre you said that there are ten licenses across the State. If we pass this here
in Nashua do you anticipate that there will be one entity that gets a license or could several of the charitable gaming

locations we have here in Nashua get licenses?

Charles Mcintyre, Executive Director of NH Lottery

So it’s not limited. So the ten is not set across the State. Actually it’s not a license, it’s more a can do liquor stores
where we choose them with draftings based on what will believe economic impact. As you can imagine, we have
benefitted dramatically because MA doesn’t do this yet. So we're getting lots of customers across the border. So the
border would be where we would concentrate. So the answer is no, we’re not limited to only one.

Alderman Tencza

If | may follow up Madam President?

President Wilshire

Yes.

Alderman Tencza

I’m not sure people understand this. Right now if | have the Draft King app. on my phone, which quite candidly | do, |
can place sports bets when I’m in my living room in Nashua. This would just allow us to have places which have a

physical location within the city, correct?

Charles Mcintyre, Executive Director of NH Lottery

That’s exactly right and | can tell you this, it even surprised me how very different the customer base is and folks like
yourself that use your phone versus folks who want to go and physically have that experience — particularly last year
in COVID where you couldn't go to live sporting events. Going to a sports book was the next best thing.

Special Board of Aldermen 10-12-2021 Page 3

Alderman Tencza

Thank you.

Alderman Jette

Mr. McIntyre | looked at the State law and | couldn’t figure out the answers to these questions so since you’re here if |
could ask it. Of the amount that’s bet by the betting public, how much goes to Draft Kings? How much goes to the
location? How much goes to the Lottery Commission? How much, if any, comes to the city?

Charles Mcintyre, Executive Director of NH Lottery

So the city is really based on real estate taxes directly if | understand it correctly because that’s not my area. |
(inaudible) the math on the gambling side. So I'll address that. It’s a three-way partnership in the retail facilities
between the State, Draft Kings and the physical location. It ends up being about 40-30-30. Forty percent to the State;
thirty to the Draft Kings to run the activity, make markets, do the wagering, and then the host gets about 30 percent
give or take. It varies. We have some offsets as to promotional activities. We give —1 would call it dispensation but
we give it an offset if you do a promotion activity, we’ll deduct it from that but that’s the ratio.

Alderman Jette

What about prize money?

Charles Mcintyre, Executive Director of NH Lottery

So you’re asking how much the State makes off a say a $1,000 wager. By and large, there’s a figure known as a halt
on wages. You place a bet, there are odds that are assigned to that bet which essentially have a profit built in of
around five percent give or take. We also offer a different product which have a little higher hold. For example if you
place a bet on three teams to do the exact same thing, all win, the profit margin is a little higher on that. So give or
take, it’s about 7 percent profit on all the monies wagered in a given year but that varies by month. We lost money on
the Super bowl. We got killed. Everybody bet on Tom Brady. Everybody but we got the money during the NCAA
basketball tournament. So last year we had about $500 million wager in State on sports. Of that, that profit was
about $35 million and we split that amongst the parties. It makes sense. The math makes sense.

Alderman Jette

Okay. Thank you.

President Wilshire

Anyone else?

Alderwoman Lu

Thank you. So Mr. Mcintyre are you saying none of it goes directly to the city?

Charles Mcintyre, Executive Director of NH Lottery

I’m saying that it goes to the trust fund. All of our money goes into the trust fund.

Alderwoman Lu

| can’t hear what you’re saying.

Charles Mcintyre, Executive Director of NH Lottery

All of our money goes to the Education Trust Fund. So we don’t keep any of it. All of our profit goes to the
Educational Trust Fund and that gets directly distributed to the cities and towns.

Special Board of Aldermen 10-12-2021 Page 4

Alderwoman Lu

Okay. Thank you.

President Wilshire
Anyone else? Seeing none, thank you very much Mr. Mcintyre. We appreciate you being here answering questions.
| am going to open up the public hearing at 7:12 p.m.
PUBLIC HEARING
Shall the City of Nashua allow the operation of sports book retail locations within the City of Nashua?
TESTIMONY IN FAVOR
Giovanna Bonilla

Good evening. I’m Giovanna Bonilla. | reside at 5 Hopi Drive here in Nashua. I’m here to speak in support of ballot
question #1. So early in 2019, New Hampshire passed legislation allowing mobile towards betting in the State. That’s
happening today all over New Hampshire, including Nashua. | think that’s where a bit of the confusion came in on the
previous ballot question. People did not understand that it was already legal. | could place a bet from this podium right
now — | won't — but it is legal.

So in the legislation, they allowed each city and town to vote on if they would allow local retail sports book for in-person
bets to be placed. Almost 2,000 cities and towns have since voted to allow retail sports book locations. Currently
Manchester and Seabrook are the only two to have operational retail sports book. Charlie spoke to this — they want to pick
the best places. That makes sense so clearly being a border town if given the opportunity we have a great opportunity
there to be one of them. So | think it’s a missed opportunity if we don’t pass this.

A retail sports book would indirectly benefit our local nonprofits. Anyone that’s going to come and want to bet on a game
and hang out, they're going have drinks, they're going to get some food, they might, you know, play a game which all
benefits the charitable gaming at the charitable gaming locations, which is where these sportsbooks seem to be going into
because the security is in place. It’s already monitored by the Lottery. The audits are done frequently. We just had one
ourselves. This would draw people over the border and keep dollars to be spent here in the Gate City. People coming out
to check out the sports book would likely try their hand at the games and a sports book would also create more jobs right
here in Nashua. It’s my hope citizens of Nashua will join me in voting yes on question #1. Thank you.

President Wilshire

Anyone else wishing to give testimony in favor?

TESTIMONY IN OPPOSITION

President Wilshire

I’m going to open it to testimony in opposition. Is there anyone that wishes to give testimony in opposition? Seeing no
one.

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

President Wilshire closed the public hearing on sports betting at 7:15 p.m.
ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE OCTOBER 12, 2021, SPECIAL MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED, BY ROLL CALL

Special Board of Aldermen 10-12-2021 Page 5

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,

Alderman Clemons, Alderman Tencza, Alderwoman Lu, Alderman Jette,

Alderman Schmidt, Alderman Laws, Alderman Cleaver,

Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:16 p.m.

Attest: Susan Lovering, City Clerk

Board of Aldermen 10-12-2021 Page 6

Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED
COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Tim Cummings, Economic Development Director
Re: Communication on Overnight Parking

President Wilshire

Okay, so Director Cummings is asking us how we want to proceed on the overnight street parking program
expansion. He's looking for us to give him some direction on that.

Alderman O’Brien

Thank you, Madam President. I'll start this off. Many of us did go to the meetings and they did take an area that
was involved, particularly in the downtown. Is it complete? The answer is no. | mean, many people that have
extenuated (inaudible) my colleague Ward 3 and different other areas. It didn’t encompass all of Ward 3. It was
just basically an area. But let's look what the intention is to do. The attention is to give what happens let's say
within that geographical area of Cedar Street? What happens on Cedar Street can that be applied to Tolles
Street? And the answer possibly could be, you know, as far as like some of the parking and everything. So I'm
not against this. This would increase the area and | hope I’m focused on what | think of that, you know, talking
about what we heard in the Committee. But I'm not against this. The only thing is | just wonder if it would come
with an extra cost that Mr. Cummings mentioned that it would increase the scope of the company that is doing
this study.

President Wilshire
| don't recall that.
Alderwoman Lu

Could | just ask Alderman O'Brien to just clarify what it is that you you're saying needs to be increased in
scope? | wasn't clear on what you...

Alderman O’Brien

Well you had the opportunity — all Aldermen had the opportunity, particularly the downtown - the ones that are
affected by this. You had the opportunity. There was a meeting upstairs at the auditorium and if I'm correct,
that's what we were talking about here. What it is, it didn't go all the downtown wards. So it took a section of
the city. So increasing this will be looking at — there was questions by some of the home aldermen - there was
two meetings. The first one | attended was a stakeholders meeting and then there was a second meeting
Opening it up to the ward aldermen. It seems to favor somebody or Ward aldermen they wanted - well how
come you're not bringing in my whole complete ward?

The intention was just to have like a focus on this. Like | said, we are paying the contractor to come in to take a
look this. And again, I'm all in favor of expanding this. You know what | mean to look at it to get a good fair
understanding of it.

Board of Aldermen 10-12-2021 Page 7
Alderwoman Lu

May | follow up?

President Wilshire

Sure.

Alderwoman Lu

Thank you. Thank you Alderman O'Brien. So my understanding of the letter from Mr. Cummings is that the part
of the parking study that has to do with overnight parking has been completed. Now Desman was going to look
into many issues for parking in Nashua, including whether we have sufficient downtown parking, whether we
should change our manner of charging for parking but it was my understanding that the overnight parking part is
completed and the question is would we like to address it now that it's completed?

Alderman O’Brien

Well | would very caution you because you and | have had this direct conversation before. I'm under the
impression that this is not completely done. This is a phased in type of program that's going. Since the city's
inception of 1673 according to the city seal, there's been no overnight parking that | know of in the City of
Nashua. When we incorporated as a City of Nashua in 1853, there still was no overnight parking. So this is the
first time.

The trouble at hand is you got to look at this within certain neighborhoods. What was traditionally a two and a
half story frame building, which had two families in it with you know maybe dad had the car. Mom may not have
driven as was popular in past years. There was two cars enabled to be entered into the driveway. Now from
what | understand, motor vehicle registers more cars and we have parking spaces in the City of Nashua. So
this causes a problem. So to say that the parking issue is complete, it is not. What needs to be done is in
phases. We’re going to have to look into zoning of it, deciding which areas are going to have maybe on one
side of the street not both. There's a whole complex issues right down to what are we going to do about trash
removal? Are people/citizens going to remove their car on trash day? Are we going to have one area every
week where everybody collectively put their buckets? So there's a lot more questions that need to be
addressed before this program really comes running out.

Alderman Klee

Thank you, Madam Chair. | think I'd like to try to see if | can clarify some things. The parking study was
originally put together only to look at the downtown parking and so on. When COVID happened, they added the
overnight parking study. That portion actually has finished. There was a meeting not too long ago that they
took the downtown area and kind of added a couple streets to it for the parking study, not the overnight parking
stuff.

The overnight parking study has been done and the report that we got did in fact talk about creating zones, etc. |
believe that's the portion of the parking study that Director Cummings is asking us to move forward with.

Alderman O’Brien

That's correct.

Alderman Klee

Not the - so in my Ward, part of the parking study that won't be finished until February does include streets like

Locke because they added that to it. They added some streets that go up to Amherst Street. It was not just the
downtown parking study. They kind of added some (inaudible). In that respect for me to be able to sit down

Board of Aldermen 10-12-2021 Page 8

with my constituents and create an overnight parking for Locke Street and so on, we can still create it. We can
still work for it but we really can't ask for approval until that study is being done. As far as other Wards are
concerned or other parts of Ward 3 such as maybe Rancourt, Pennichuck, we could discuss overnight parking
because the remainder of this parking study that is due to be finished in February won't affect them. So | think
that we can look towards certain areas of being able to approve an overnight parking study.

| think the biggest impact will be on Ward 4 and part of Ward 3 that we really can't make a decision on. But |
think we can go forward with trying to come up with a plan for zoning of different neighborhoods. So | have met
with some people from French Hill when we’ve talked about the need to talk to all the neighbors and try to
create zoning. But they're also aware that we have to wait for the full parking study to be done to find out how
many spaces would truly be available but it doesn't stop us from finding out who wants it, or who needs it, and
then being able to move forward.

Rancourt - just using as an example, Pennichuck, some of those streets over there, we could create zones now
and if the Board went forward with approving some type of zoning. As far as cost is concerned, | do think that
there will be a cost to it. That would be a cost of staffing to Economic Development because they would have to
help develop all of these zones, maintain these zones, monitor the zones, and so on. That will take more
(inaudible).

So my colleague is right here in that respect so that | do believe there'll be indirect costs. Alderman Lu as well
is correct that we're talking two different studies here. This one here is for the overnight, which the downtown
parking study would not affect your Ward, although it could because you're on the edge of the downtown. So |
take that back, but perhaps not Ward 1 for Alderman Schmidt or something like that. But it would affect
Alderman Lopez as well as parts of myself. Thank you.

Alderman Clemons

Thank you very much, Madam President. I'm going to have a very different point of view. I've always been the
type to look at these situations individually. It’s the way | prefer to do it. | don't believe that we needed to study
for this. | think we should have had overnight parking in this city years ago and so my hope is that we can start
expanding this as soon as possible and getting as many streets as we can to have overnight parking. Thank
you.

Alderman Lopez

We've had an overnight parking program. It was a pilot program when | first became Alderman and was
adopted as a program. During that period, we had a process for individuals on the street asking their Aldermen
if their streets could be added to it and amending that program repeatedly. And particularly Ward 3 added a lot
of individual streets to the program. The way that it worked is somebody who is living on a street that's
identified by Fire, Police, and DPW as being wide enough and, you know, safe enough to have the parking
spaces, spaces are allowed on that street based on where they can be safely put and then the addresses in that
area are also authorized to apply for it. So you may live on a street where you can get parking permits but you
may have to park on the street next door if your street is too narrow but in a point where there aren't accessible
streets reasonably nearby, that street wouldn't necessarily be approved.

As a process when | became Alderman and as | was Alderman and through work with the Infrastructure
Committee, we explored that. We expanded it. We confirmed it in a semi-final form and then work stopped.
Like we didn't continue looking at that. We didn't look at additional options and several years past. We began
to talk about doing a study when a number of constituents signed a petition about two years ago, maybe three
now, on the back of a parking ticket because like most of Eighth Street had been ticketed and they objected to
that. When that was brought before the Infrastructure Committee, it was tabled and the argument was made
that it we needed to do a study because if you put overnight parking on one street then adjacent streets might
be affected and adjacent streets to that might be affected. It was considered part of the downtown. The
definition of downtown was expanded to include all the number streets. So we had a lot of conversation about
having a study but still several months passed before it actually took place.

Board of Aldermen 10-12-2021 Page 9

Then the study was authorized, | want to say last year and the study was presented upon recently at the
Infrastructure Committee meeting and my objections throughout the process of the parking study was that we
were doing a city wide. Do we want overnight parking? Do we not want overnight parking, which was largely a
question nobody had asked any of the outer Wards? Nobody had proposed overnight parking in those areas
and they largely objected to it because in areas that are suburban where they have enough room to pave their
driveway and they have a large enough property that it makes sense to do, that they can park in their lot in their
driveway. In the more urban areas where there isn't a lot of land available where residents typically build up or
have to, you know, have multiple people per unit, you don't just have an unlimited number of parking spaces
and driveways. So they need on-street overnight parking.

So this is a major issue for Ward 4 but it's not a major issue for other Wards necessarily. Some of the other
wards did identify during that citywide evaluation that they do want to have additional on-street overnight parking
and some of what was proposed by the study once they completed it was a new process. So instead of people
on the street just asking their Aldermen who then confirms it with DPW, Fire, and Police and then authorizes
either the spaces that are available or if there's extra capacity at least the ability to apply for an overnight
parking permit, the process that they recommended is very different where there has to be a commitment on the
neighborhood level to a number of years in advance. Like we will get permits over the next five years. There
has to be a certain percentage of neighbors in that area that are specifically interested in it and if you don't have
the percentage of people on that street, you can take the half of the street that has the higher percentage and
then move to the next one. That's where my concern is. The process that was proposed in the overnight
parking study is very convoluted and to me is counterintuitive.

When the study was presented, the company that managed it and was making the recommendations was very
frank and said that almost nobody that they've had as customers has actually adopted all of their
recommendations. | remember Alderman Jette had a particular interesting soundbite because he said well |
wish we'd have known that before we hired you. So that's my concern is, is the study is done. | do want to
move forward with overnight parking 100% because | think it's an urgent need in Ward 4 but I'm not confident in
the process that is being proposed and in the amount of time that it would take to adopt that process because
the neighborhoods who, in my mind, precipitated this and spoke most loudly in favor of it have had their motions
tabled for almost the duration of my term in the Infrastructure Committee and very likely would just get no
answer before the end of this entire two-year process. So I'm not enthusiastic about that.

I'm not averse to the idea of coming up with a good system that is a sound system that is effective for all the
people affected, but I'm not sure that that's what was presented and I'm not sure that's the direction we're going.
As it is right now, the system that | see is four wards where it is relevant you can approach your Ward Alderman
or any Alderman. They can approach the at-larges, indicate the need, and then that Alderman is responsible for
coming up with the legislation and then having the rest of the committee vet it but that's not the process that's
being proposed. That's where my concerns lie.

Alderman Klee

Thank you, Madam Chair. | do agree with Alderman Lopez in respect of that. We cannot take all the
recommendations to give someone permission for five years and we don't open it up again for five years. | kind
of found that a little bit hard to handle. But! do think that we can take the plan and we can work with it. | think
we can create something. As | said, | have been working with constituents, talking to them, getting ideas. They
liked the idea of it but | don't believe there is a one size fits all for a ward. | don't think there's a one size fits all
within my own Ward. | think we do need to create these zones. | do think we need to start doing some work. |
have been willing to work with my constituents to go door to door and literally ask them, do you have a need?
Do you have a want? It's a lot of work. I've already had a couple meetings. One | had to cancel suddenly, but |
do think, in general, it's a good idea but | do think it needs to be tweaked. | do agree with Alderman Lopez that
we can't adopt it as is but | do think it should go to the Infrastructure Committee. | think that it should be worked
out there sooner than later. The year is almost up and as Alderman Lopez has said, he's got a lot of people that
have been waiting for a long time to get a positive or negative rather than just sitting in limbo. So thank you,