12/14/2011 UPPER CAPE REGIONAL TRANSFER STATION BOARD OF MANAGERS Minutes

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involved. He recommended that the member communities work collaboratively to make the facility more cost effective, more efficient and to consider ways to expand the market. Mr. Costello referenced Mr. Cavossa's comments about competition and suggested that there were also environmental benefits to utilizing the rail as a primary transfer vehicle, keeping additional traffic off of the streets. Bill Sullivan, Cavossa Disposal, agreed with environmental concerns and responded that utilizing Bourne would be more environmentally friendly. Mr. D. Barrett agreed about the environmental benefits of reducing traffic and cutting emissions. Mr. D. Barrett also stated that a balance was necessary, integrating the rail into other aspects. Mr. Cavossa suggested that a public/private partnership with the facility was needed. Mr. Cavossa stated that he was transporting small loads of recycling over the bridge and suggested that the UCRTS would be unable to manage the amount of recycling needed to make it a profitable operation. Mr. Cavossa suggested that a partnership, run by a private company who would be required to address rail minimums and other issues, could be more effective, particularly with rail already in place. Chairman Elliott stated that flow control regulations were changed because facilities were privately owned, charging varying fees. The 2007 regulation required that everyone be charged the same price and the Chair added that he was opposed to privatizing the UCRTS. Chris Podgurski, Mass Coastal Railroad, expressed his interest in partnering to address the UCRTS costs immediately, as well as to consider expanded uses of the facility. Mr. Podgurski also noted the possibility of public/private partnerships regarding the transportation of C&D materials and expressed interest in setting up meetings to discuss the possibilities as soon as possible. Mr. Podgurski also expressed interest in pursuing financing improvements to the rail line. Mr. Jack was pleased to learn about Mr. Podgurski's willingness to pursue further discussions and noted that the original intent of the IMA agreement included consideration of other uses for the facility. Mr. Jack noted that,should the facility remain as a municipal operation, change would be necessary and would require a capital investment. Mr. Jack noted that a private entity could be better suited than a municipality to address the costly aspects of improvements. Mr. Jack suggested the possibility of a public/private entity that would continue to be controlled by the Board of Managers. The Chair agreed that public/private entity could be considered. Donald Pickard, Bourne Selectman,repeated five key words to include public,private, partnership, regionalization and control, noting that Bourne had recently researched public/private partnerships. Mr. Pickard noted that, from his experience,the greatest challenge would be for Boards of Selectmen to release their control of a public entity. John Giorgio, Sandwich Town Counsel, agreed with the Chair that flow control could be enforced according to the Supreme Court, since it was a public entity, adding that the current law would not allow transportation of the waste to a private facility, Mr. Giorgio referenced the Sandwich RFP process seeking privatization of the town's waste, noting that there was interest in identifying an on-Cape transfer station facility to allow for an increase in recycling. Mr. Giorgio also suggested that a private company could operate the UCRTS while the towns maintained some control over the operation, but that it would need to be established during negotiations, which could be assessed through the RFP process. 4