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A special meeting of the Board of Aldermen was held Tuesday, September 10, 2019, at p.m. in the
Aldermanic Chamber.

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

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman Jan Schmidt led in the Pledge
to the Flag.

The roll call was taken with 9 members of the Board of Aldermen present; Alderman Gidge, Alderman Lopez,
Alderwoman Kelly, Alderman Jette, Alderwoman Melizzi-Golja, Alderman Tencza were recorded absent.

His Honor, Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.
COMMUNICATIONS

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

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

DISCUSSION

Charles Mcintyre, Executive Director of the New Hampshire Lottery Commission re: R-19-162,
Relative to a Ballot Referendum to allow Sports Betting within the City of Nashua

President Wilshire

Tonight we will have a discuss with Charles McIntyre the Executive Director of the New Hampshire Lottery
Commission regarding Resolution 19-162 relative to a ballot referendum to allow Sports Betting within the City
of Nashua. Mr. Mcintyre, would you join us please? You can sit in the second seat there because we don’t
expect her to be here this evening. Right next to Alderman Caron. Thank you for being here.

Charles Mcintyre, Executive Director of New Hampshire Lottery Commission

Good evening members of the City Council and Aldermen of Nashua. My name is Charlie Mcintyre, | have the
privilege of being the Director of the New Hampshire Lottery. | think you folks had received correspondence
from my office. And that was more based around the election cycle and when the law was passed. If you folks
were interested in hosting a Sports Betting Facility in the City you need to act before the election cycle only
because you would lose the rights to over 2 years. The year the election cycles work or the calendar works out,
you folks obviously vote in November and the towns vote in the Spring. So the towns would obviously have
time to review the matter after it presented; you folks wouldn't.

The Legislature approved Sports Betting during the last Legislative Session in a couple of forms. One of which
is a physical sports book. It is limited to 10 locations State-wide. So this is not a type of, like Keno was, where
we have 109 locations across the state; you are talking about ten. We are, under the terms of the law, out to bid
right now to find a vendor or vendors to help in the Sports Betting process. That process, as you can imagine, is
confidential until it is complete and approved by the Governor and the Executive Council. So the questions |
can answer are limited because | frankly don’t know yet. The responses are not due for a couple weeks and we
don’t know what is coming in the door yet and obviously we don’t want to negotiate in public as to what we are
going to do and what we are not going to do.

Special Bd. of Aldermen — 08/06/2019 Page 2

Those are the very broad parameters. | am happy to answer, Madam President and Aldermen, any questions
you may have regarding it and regarding what we expect it to look like in Nashua, if indeed it is approved.

President Wilshire
Thank you. |’ll open it up to questions.
Alderman Klee

| introduced myself to you earlier that | am also a State Rep. | was under the impression and | actually spoke
last night in favor of this that it was a three-step process. One was to get it on the ballot, one was for the license
approval and then once all that happened, then the City or Town would have the additional ability of being able
to say yay or nay to whoever it is that gets that license. Am | accurate on that last one?

Mr. Mcintyre

You are, just the steps reversed. So you are absolutely right, I’m not sure, Alderman, Representative, take your
pick?

Alderman Klee

Alderman today.

Mr. Mcintyre

Put it on the ballot obviously for democratic choice; the City or Town, in this case City obviously would vote or
yay or nay and then | would imagine in short order we will know where the locations will be or will not be. And
then once again you will have an opportunity as sort of your normal licensing process in a City, any business
you would have the option then as well.

The citizens will vote for it, saying whether we want it or not as a general concept and then once we know where
the folks think these will best be sited, we will come back to you and say this is where they were sited, City of
Nashua for example you know, do you grant them the normal business licenses they would need. You know,
occupancy permits, business permits and the like; that really doesn’t require a City vote, more of your town or
city processes for opening a business.

Alderman Klee

OK so that does not necessarily have to come City Council?

Mr. Mcintyre

It does not.

Special Bd. of Aldermen — 08/06/2019 Page 3

Alderman Klee

So | want to clarify that | made that statement that | thought it needed a second Board of Aldermen approval and
that may not be the case. | have two more other questions actually. One was the question was the amount
collected by the State, I’ve gone through everything and | remember the discussion in the State House. What
percentage or what fee, | know there is a fee for the licensing requirements and so on. But what is the fee that
the State will be taking from these organizations.

Mr. Mcintyre

So that is to be negotiated. The terms are under the RSA is to be the most beneficial financially to the State.
They submit first the technical aspects and then we negotiate financials and then that is approved by the
Governor Council. It is estimated for the purposes of budgeting that the second year of the budget will be $10
million dollars additional which goes to the Education Trust Fund which is by the terms of the Constitution, all of
our money goes. If we had a budget, | have to talk in terms of if we have a budget because the terms of the
budget which does not exist, the second year is an additional $10 million dollars which is sent to the cities and
towns by the formula for adequacy of which | think we are 18% of adequacy grants. So that gets bumped up
$10 million and that gets spread out by the formula, which we have nothing to do with.

Alderman Klee

Just one more question. This one is kind of more of a broad one and | may put you on the spot a little. Could
you explain the mobile sports wagering portion of this? And how that would affect ...

Mr. Mcintyre

Certainly this may come as a shock to you, but folks now use their phone to bid on sports. | say this as a former
organized crime prosecutor, who spent a lot of times when phones were bookmakers and the like capturing
wagering. So it was suggested to the Legislature at the time that the Bill was being debated that if mobile
wasn't part of it we would never recapture that which is an illegal market. Which is most of what we are trying to
do is not create a new gambling market. It’s more a transfer from an illegal market to a legal market and all the
consumer protections that come with it, right? Better as a complaint with a bet, they thought they won and they
didn’t win, what do they do now if it’s illegal? Call the Police? They are not going to enforce an illegal bet, but
versus now when you can come complain to me directly and if you don’t get satisfaction you can call the
Governor's Office.

So that’s why mobile was part of the Legislation. It is certainly the way folks wager currently by and large.
There is obviously no physical sports books. And really when the physical sports books which the Resolution
you folks are debating tonight is to create an entertainment environment as well. The Governor has impressed
upon me very directly that he wants sort of first class, high end, very nice facilities. This is not to be like the old
style R&V’s or if you know New York, off track betting was linoleum floors and the crappy lighting. No these are
all going to be very nice facilities across the State. So that’s the difference if that answers your question
Alderman.

Special Bd. of Aldermen — 08/06/2019 Page 4

Alderman Klee

| just have one follow up. | know it’s in HB480 but could you also explain the verification of age that you know
the person doing the mobile is, in fact, 18.

Mr. Mcintyre

Certainly. We use the, well back up a second: we have a very active mobile product now. It’s called |-Lottery,

it’s lottery tickets you can buy through the Web. We contract with software providers whose job it is to do what
is known as KYC, which is Know Your Customer, very high-end software algorithms that guarantee the age of
the person. That program has been up and running for a year as of 3 days ago. And we haven’t had a single

complaint from a parent saying, “I had a charge that was not mine”. So surely that’s your fear, is your kid gets

your credit card, but in order to register an account you have to answer a bunch of questions that a child would
not know hopefully in terms of information of the account holder.

Alderman Klee

Thank you so much.

Alderman Dowd

Just a couple questions, at 50,000 foot level, you mentioned a little bit, but what types of places are you looking
at? What kind of criteria? And when they are selected is it a year-to-year thing or is it 5 year or is it a licensing,
how does that work?

Mr. Mcintyre

So it is by contract. One of the reasons we decided to do it as a contract basis is to have closer ties with them.
We really want to control marketing to a large extent. One of the lessons we discovered certainly, and I’ve been
in gambling for a long time; like | said first as the Director of Lotteries and then previously as an organized crime
prosecutor, so | Know a lot about gambling. New Jersey has been spending 10s of millions of dollars monthly
on advertising, in fact, that’s almost what you see is sports book and the like. We tried to impress upon the
Legislature that we didn’t want to see that here, we wanted to try sort of control messaging. So we also want to
control the facilities that are licensed, and we are looking for high end of sort of sports bar type; entertainment,
good food. The ideal thing would be that the sports book is just a side part of an overall robust business where
the ideal thing is to sell more food and hospitality. And it is what we have seen with Keno, when we did our
research through UNH we found that three quarters of our retailers who sell Keno, replied back that they have
an increase in their business on the rest of it, up to 30%. So ideally that’s the kind of place we are looking for
Alderman.

Alderman O’Brien

I’m also a State Representative just to put that and an Alderman and | did support this Bill when it was up at the
House. The main reason in doing so is we have in Nashua, in my opinion, two current places where people can
go in for Charitable Gaming. They are well lit, very nice places, you wouldn’t believe just for the public
knowledge the amount of money that gets turned back to this community and to the Greater Nashua Area that

Special Bd. of Aldermen — 08/06/2019 Page 5

comes from that facility that we as a City cannot really contribute to some of these worthwhile charities that
absolutely need it.

So this Bill here, the reason | supported it, was it would be another door opener, | would imagine if they are not
making the bet on the phone that they are going to come physically into the place. And if they have some extra
cash on hand, they could immediately open this up and go to their favorite game and play that game, which
would enhance the charities that seem to be quite dependent now upon this. So | hope when you look at
Nashua you take into account that again if | may remind the State and | say the “State” to you generally that
35% of the State Economy is generated right about in-between Nashua and Manchester. I’m sure you have
numbers on Keno, Nashua stepped up to the plate compared to other communities. And thank God the
Nashuan has very broad shoulders for the State of New Hampshire.

But the thing is, | see this as a good door opener that will enhance the backdoor would be some of the money
coming in would go to the charitable gaming industry.

Mr. Mcintyre

So to your point Alderman, certainly as the Chief Regulator of the Charitable Gaming Halls | am remarkably
familiar with all of their math. | would also wager, no pun intended, that the amount of traffic going there is
mostly Massachusetts plates. | firmly believe retail behavior doesn’t know or care about geography. So | would
imagine a facility on the border is going to be 2/3 to % Mass residents and the best kind of money is out-of-state
money. Like | said | can’t negotiate contracts ahead of time but certainly that’s is where our heads are at.

Alderman Clemons

Thank you. Could you describe a little bit more in detail the bidding process? So like if you get, | don’t know,
like 50 out of the 10 right, you could get 50 to 10 applicants or maybe it’s 100, how do you, is there a
Committee, or how it selected?

Mr. Mcintyre

Certainly. There’s a procurement team that is created within our agency that’s made up of subject matter
experts in various areas. | can’t tell you who they are and will evaluate this initial proposal very technical aspects
of submission. On the back end, Sports Betting is remarkably complex as you can imagine. It is lots of money
moving, it is essentially hedge fund management almost on a real time basis. Once we go through the technical
aspects, then we will go after the financial ones and talk to each of the qualified folks saying OK you obviously
know what you are doing with Sports Betting, you are going to give us X, you are going to give us X times 2.

OK X times 2 is more money. But that will have other characteristics to it as well. Obviously in the RFP we talk
about job creation and sort of work force development and other aspects like that. So that is certainly what we
will be looking at. Financial, how are you going to behave as a citizen of the State and what is best for the
State.

Alderman Clemons

Great thank you.

Board of Aldermen Page 17
April 26, 2016

Alderman Siegel

| agree with my colleague Alderman Cookson’s desire to wait because it would be helpful to allow people to
review the written minutes. | know Assistant Chief Rhodes gave some testimony which | think people would
find valuable. Personally, | could repeat the remarks | made but | don’t think that’s a complete picture of
anything. The process would be better served by allowing the minutes to be made available and just address
this at the next full Board meeting.

Alderman Lopez

At the Budget Review Committee meeting, honestly | want to hear the objections to how the contract has been
developed especially if they had a mediator who was involved. | know all of us understand that we have a very
competitive fire department. It’s a regional leader. | know in my ward we have had a lot of emergency calls,
emergency issues. Nashua Fire has done an exemplary job in responding to effectively and efficiently. | do
share Alderman Cookson’s and Alderman Siegel’s positions because | want to know what the objections are.

Alderwoman Melizzi-Golja

Alderman Cookson, | just assumed that it was on the agenda. People had taken advantage of whatever
information was there and was in a broad stroke referring to the minutes because | knew it was available via
audio, and made the assumption people take advantage of that. | am fine if we want to move this to the next
meeting. | certainly understand people may want to get more information. | have no objection to that.

President McCarthy

Was that a motion to hold until the next meeting?

Alderwoman Melizzi-Golja

So moved.

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO HOLD R-16-026 UNTIL OUR NEXT MEETING
Alderman Clemons

The agenda for this meeting has been out since Friday. This has been on the agenda since Friday. Clearly
we had a number of people come tonight who expected this to be on the agenda. | don’t want it to go
unrecognized that although some people may not have known, a lot of people did. They took time out of their
evening to come here tonight expecting us to move this forward or not move it forward or take some action on
it. So, | won’t be supporting the motion to hold.

President McCarthy

| would point out that | spoke to at least Assistant Chief Rnodes and Mr. McAllister today and pointed out to
them that | expected that it would likely be held until the next meeting.

Alderman Cookson

| would just like to remind those who may have been on the board at that time that there were more people that
came from Nashua Fire and Rescue when it wasn’t on the agenda last time. While | certainly respect those
who came this evening, | think it’s the prudent thing to allow us to review the minutes, raise any additional
questions or comments, if there are any. I’m looking forward to supporting the contract, but | certainly like to
do my due diligence and review the minutes prior to giving my vote.

Special Bd. of Aldermen — 08/06/2019 Page 6

President Wilshire

Anyone else. Thank you very much for being here this evening. Have a good night.

Mr. McIntyre
Thank you so much, you as well and hope to see you again.
ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The meeting was declared adjourned at 7:07 p.m.

Attest: Patricia Piecuch, City Clerk

Board of Aldermen 09-10-2019 Page 7

Several of those cities are re-doing those studies again in the next couple of years. They found that those
studies have been very beneficial in pointing out where the problems are with their parking and adjusting
those parking situations.

So the Downtown Improvement Committee would like for you to let us have the parking study conducted,
let us see what our problems are, what information comes back to us so that we as a group can discuss it
and implement a parking program that will work for everybody. Thank you.

Rich Lannan Good evening, Rich Lannan, | live in Pelham, | am also on the Downtown Improvement
Committee and | don’t want to be repetitive because we have a long agenda. Marylou pretty much
touched on just about everything as well that | was going to mention. The Downtown Improvement
Committee which myself and Marylou and several others have been on since its inception and the
Committee before that and we do think about these things through quite a bit. | mean we look at everything,
our budget is small, so we really have to do a lot of discussions about every item. We didn’t know a lot of
the details at the last meeting ahead of time to hear the students which | don’t know if it would have made a
difference, but it would have been nice to do that. But | do agree with her, | think the Parking Study coming
up that we talked in length on is perfect timing to talk about parking rates, parking times and everything else
going with parking. When we did these parking regulations back 5 or 6 years ago, whatever it is now, a lot
of thought went into that; but things change. So the timing is such that we are reviewing them, everything
all over again and with the free parking that is in the area, | do commend the students, we would love to
have them come downtown to the Library now and in the future. | just don’t know that this is the right and
seeing this parking study through before money is taken out of already again small budget that we have
allocated over the next year and looking at the next couple of years, | just think the timing is bad. So just to
encourage you to think about it for the future, but wait for the parking study to be done. Thank you.

Grace Lehto Hil am Grace Lehto, | go to Nashua School North, and my address is 26 Massachusetts
Drive. So | would like to speak in favor of the parking. So this parking would encourage student use
especially low income students and college students who are home for the summer. | know from personal
experience, my sister — we live by Rivier so sometimes we will go to Rivier Library to study but it would be
very nice if we could also attend Nashua’s Library for the low cost. And then for me, as a personal
anecdote, when | got my license this summer | got myself a library card because | was now responsible to
be responsible for my own books. At times the downtown area can feel a little bit unsafe, especially at
night, so by parking in the Library parking lot, it feels a lot safer to walk to the library, it’s a little bit dark
there. It is just the closest lot and it just feels a lot safer. And then free student parking is a very clear sign
that the library is very welcome for students to study. Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Mayor Jim Donchess
Re: Contract Award for Landfill Engineering Services

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND AWARD THE CONTRACT
TO SANBORN HEAD AND ASSOCIATES IN THE AMOUNT OF $270,000 BY ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Gidge, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderwoman Melizzi-Golja,
Alderman Tencza, Alderman Schmidt, Alderman Clemons,
Alderman Wilshire 14
Nay: 0

MOTION CARRIED

Board of Aldermen 09-10-2019 Page 8

From: Mayor Jim Donchess
Re: Contract Award with Electronic Environments for UPS Service

MOTION BY ALDERMAN LAWS TO ACCEPT, PLACE ON FILE AND AWARD THE FIVE-YEAR
CONTRACT TO ELECTRONIC ENVIRONMENTS, LLC, FOR AN ANNUAL COST OF $4825 BY
ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Gidge, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderwoman Melizzi-
Golja, Alderman Teneza, Alderman Schmidt, Alderman Clemons
Alderman Wilshire 14
Nay: 0
MOTION CARRIED
PETITIONS

Petition for Street Acceptance: Bancroft Street
Petition for Street Acceptance: Serenity Drive

There being no objection, President Wilshire accepted the Petitions are read, referred them to the

Committee on Infrastructure and scheduled the public hearings on Bancroft Street, Serenity Drive
and Legacy Lane for Wednesday, October 23, 2019, at 7:00 p.m. in the Aldermanic Chamber

NOMINATIONS, APPOINTMENTS AND ELECTIONS — None

REPORTS OF COMMITTEE

Budget Review Committee... 00.2.0... 0... cece cee tee tet stetttteettteettsteees 09/05/2019

There being no objection, President Wilshire declared the report of the September 5, 2019, Budget
Review Committee accepted and placed on file.

Finance Committee...... 0.0.2 ccec ccc cee cee eee seeeeetetevereverarevarterererererseererere 08/14/2019

There being no objection, President Wilshire declared the report of the August 14, 2019, Finance
Committee accepted and placed on file.

Finance Committee...... 0.0. ccec ccc cee cee eee seeseeteteretevavarsvartererererersttrerere 09/04/2019

There being no objection, President Wilshire declared the report of the September 4, 2019, Finance
Committee accepted and placed on file.

Human Affairs Committee... 00.0... cece cee cee cee eee seeteverterereverarsrerterereee 08/20/2019

There being no objection, President Wilshire declared the report of the August 20, 2019, Human Affairs
Committee accepted and placed on file.

Board of Aldermen 09-10-2019 Page 9
Committee on Infrastructure... 20.0.0. cece cece cence sees eee ttsatettetirirereereese 08/28/2019

There being no objection, President Wilshire declared the report of the August 28, 2019, Committee on
Infrastructure accepted and placed on file.

Planning & Economic Development Commiittee............... 0... ce cee eeeeeeeeeeeeeeeees 09/03/2019

There being no objection, President Wilshire declared the report of the September 3, 2019, Planning &
Economic Development Committee accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Personnel/Administrative Affairs Committee meeting held last night regarding the Mayor’s
Appointment of the City Clerk and Resolution R-19-162

Alderman Caron provided an oral report of the Personnel/Administrative Affairs Committee meeting relative
to the Mayor’s Appointment of the City Clerk and Resolution R-19-162.

Alderman Caron

Yes thank you Madam President. Last night the Personnel Committee met and had a conversation with
Sue Lovering, the Mayor’s appointment as the new City Clerk. Because this is time sensitive, we ask that
the Board approve Sue Lovering’s nomination and for her term to begin September 17", 2019.

CONFIRMATION OF MAYOR'S APPOINTMENTS

City Clerk

There being no objection, President Wilshire confirmed the appointment of Susan Lovering, 23
Bates Drive, Nashua, to the Office of City Clerk for an indefinite term at the pleasure of the Mayor

Oath of Office administered by Corporation Counsel.
UNFINISHED BUSINESS — RESOLUTIONS

R-19-147
Endorsers: Mayor Jim Donchess
Alderman Tom Lopez
AUTHORIZING PURCHASE AND SALE OF CITY LAND AT 21 PINE STREET (MAP 77, LOT 17)
AND LAND OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE D/B/A EVERSOURCE
ENERGY AT 3 PINE STREET EXTENSION (MAP 77, LOT 2A)
Given its second reading;

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF R-19-147 BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Gidge, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderwoman Melizzi-Golja,
Alderman Tencza, Alderman Schmidt, Alderman Clemons,
Alderman Wilshire 14

Nay: 0
MOTION CARRIED
Resolution R-19-147 declared duly adopted.