3/28/2018 UPPER CAPE REGIONAL TRANSFER STATION BOARD OF MANAGERS Minutes

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property restored to existing grade, and the government would likely be concerned about any hazards at the site. Mr. Hunt confirmed that it had been a rail head prior to UCRTS usage. Section VIII—Remove"the" in the last sentence of the page. Page 8— Section VIII, Item B—Everyone would be responsible for their own employees changing"its" to"their" ". . . default on their part or that of its employees . . ." Mr. Costello confirmed that all members would share in the liability, but in the long term, each town would be responsible for the actions of their own employees. Section IX Mr. Costello stated that it was a carry-over from the previous agreement and could be removed. It was noted that consent for use could be terminated at any time and there would be no recovery of cost. It was noted that the removal would require re-numbering. Section IX—Remove"and fees" as it could be confused with user fees. Mr. Costello explained that the towns were not being assessed taxes for the use of the site. There was discussion regarding utility fees, the utilities of which were being provided by JBCC. Cavossa would be reimbursing the Base for utility fees. Mr. Jack inquired about the electric bill and the need to resolve the management of the bill as Falmouth continued to receive an estimated bill on a quarterly basis. Mr. Segura stated that the usage was estimated quarterly, once the actual bill was received, payment would be deducted from what was received. Mr. Segura would put Mr. Jack in touch with the appropriate contact at JBCC. Page 9----Section X—Mr. Costello referenced Chapter 40/4A with the amendment that allowed Boards of Selectmen and/or duly authorized representatives of the Town to enter intermunicipal agreements. Section XI—It had been recommended by Mr. Costello to extend the term beyond Cavossa's agreement in case there was additional wind down work necessary to shut down the facility. Section XII—There was discussion at the last meeting regarding the conditions should a single town wish to withdraw from the IMA. Mr. Costello suggested that any financial obligations incurred by the group, prior to the effective date of termination, would remain the allocated obligation of any town opting out. The terminating town would have no additional obligations after the date of termination, but would also receive no benefits. Mr. Costello suggested that it was the fairest way to address the remaining members and the terminating member. It was noted that all towns would be responsible for debt obligations with a 2/3 majority vote to approve. Mr. Barrett stated that, in previous versions, the agreement required a unanimous vote to incur debt, but that it no longer existed in the current agreement, It was noted that if a town voted not to fund the debt, they could not be forced to pay, but Mr. Costello stated that Falmouth, as the lead town, could borrow funds and the debt service would be apportioned to each of the member towns. Mr. Costello suggested leaving the section as is because it would be challenging to require Town Meeting votes to support borrowing funds. However, before borrowing, each Town should be made aware that a member could terminate. Mr. Hunt suggested establishing a limit for the amount that could be borrowed, using the reserves before borrowing. The Chair inquired about whether the terminating town would have access to a portion of the reserves. Mr. Costello responded that, once funds had been committed to the reserves, the funds belonged to the entity. Mr. Goddard inquired whether the agreement prohibited any of the towns from utilizing the facility as a customer of the contractor. Mr. Costello suggested it could create a specter of a potential conflict of interest in the event of a future vote regarding the contractor. 3