12/8/2015 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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0 Community Preservation Committee Minutes December 8, 2015 APPOINTMENTS &, HEARINGS: Review of CPA Protects Proposed for the May 2016 Special Town Meeting: Andrew McManus, Conservation Agent: (continued) Mashpee Q ecnway„—Qymbwt River Path and Footbridge: The land for the proposed Greenway project is owned by the Town of Mashpee and by Mashpee Commons, LLC. Discussion followed with respect to the Town as it relates to liability. It was disclosed the Town is currently reviewing this matter with the MIIA, the Massachusetts Inter -local Insurance Association. The matter is also being reviewed by Town Counsel. Rodney Collins, the Town Manager indicated he has met with Town Planner and the representing insurance agent for Mashpee Commons, LLC. In consultation with Town Counsel, a Memorandum of Understanding would be developed to allow the Town of Mashpee to use the property within Mashpee Commons as a location for the purpose of public access to and passive recreational use of said real property as a walking trail, including the right to maintain, repair and erect appropriate signage or security devices on said property. All parties are noted to be satisfied with the results with the exception of the Town's Insurance carrier. The MRA is not in full agreement regarding the MOU terms and agreement as prepared by Town Counsel. To ensure the satisfaction of all parties, Mr. Collins stated he would have preference to obtain a favorable opinion with respect to this regard from the MIIA in writing. Discussion followed with regards to the existing concrete barriers at the Homeyer Village. The barriers were requested to be placed at the site Iocation by the Mashpee Housing; Authority several years ago to alleviate loitering and illegal activities. As discussion continued it was noted that a bridge to the Mashpee High School may become a magnet for students. This is an area that -cannot be easily policed and could become problematic. On the other side of this opinion, it was stated this is an unfavorable assumption and offensive to imply the high school students would create trouble, and engage in criminal activities. Many Mashpee High School students would be able to get to their jobs in Mashpee Commons by using the bridge and network of trails. It was also acknowledged that Town Counsel has drafted a MOU, and has recommended that liability insurance be obtained. Mr. Fudala noted the vast majority of this project is situated on Town land. He recommended the CPC support the project, conditioned upon approval of the Town's MIIA Insurance.