6/7/2018 UPPER CAPE REGIONAL TRANSFER STATION BOARD OF MANAGERS Minutes

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Regarding the 60 day temporary use of the rail allowing for repairs,the Chair noted that all liability had been assigned to the UCRTS and the condition that a certified track inspector walk a train down that section of the track. Mr. Jack stated that the UCRTS should not be liable for the rail,but should be assigned to Mass Coastal. Mr. Cavossa stated that he indemnified the UCRTS. Mr. Costello confirmed that the rail was included within the obligation and the use of the facility was undertaken with Mr. Cavossa, adding that liability flowed down hill with each contract executed. Mr. Costello stated that UCRTS held harmless the Air Force and Mr. Cavossa held harmless the UCRTS for operation at the site,per the current agreement. Chairman Laurent stated that there was no agreement with the rail but Mr. Costello stated that the rail was part of the facility. Mr. Jack stated that the military owned the track but the question was regarding who was responsible for maintenance. Mr. Jack stated that the original agreement was replaced with the consent agreement,which was focused on the facility and 18 acres, but, although the military owned the rail,they did not wish to be responsible for maintenance or cost. Mr. Jack further noted that the responsibility was then with Mass Coastal, who was to work with the military and DOT to effect a maintenance contract, which did not happen. Speaking on behalf of Falmouth, Mr. Jack indicated that they would not be involved with rail maintenance, believing that repairs were between Mass Coastal and the user. Regarding use of the rail until repairs were made, and arranged inspection with DOD,the Chair inquired of Mr. Costello whether the agreement with Cavossa covered the issue of liability as identified in Colonel Doonan's letter. Mr. Costello stated that the issue prompted a need to look more closely at rail maintenance, but felt that the agreement with Cavossa allowed them to assume responsibility for repair and maintenance of those portions of the track that were utilized for the operation of the site. Mr. Cavossa confirmed that he indemnified the UCRTS for any liability to the government. Mr. Costello stated that further consideration with Mass Coastal was necessary. Regarding inspection and walking with the trains, Mr. Renker confirmed that Mass Coastal had certified inspectors who were currently inspecting the tracks once a week. Mr. Renker added that there was an Air Force track standard that was different from the Federal Railroad Administration track standard used by Mass Coastal. Mr. Renker noted that they were inspecting track based on the Federal Railroad Administration(FRA)regulation. The Chair stated that the Air Force had imposed a condition that a certified inspector walk in front of the train in order to allow use of the rail during the 60 day period. Mr. Renker responded that Mass Coastal would inspect in front of the train. There was consensus from Board members to allow usage of the rail. Mr. Hunt inquired whether the Air Force would consider an Exception to Policy for the track standard to allow for the FRA standard in place of the Air Force standard. Mr. Segura felt that it was unlikely an exception would be allowed,noting ANG's reliance on the inspectors' professional opinions and their track inspection standards. Addressing Mr. Renker, Mr. Segura suggested that, if there were differences between the standards and Mass Coastal disputed those differences and felt they should be held to a different standard, a statement could be drafted that Mr. Segura would pass along to the Wing Commander. Since an inspection had been conducted, Mr. Hunt inquired whether money was available to fund repairs to the track. Mr. Segura stated that no funds were available since ANG was excessing the track. Mr. Hunt suggested that, if the track was being excessed, it could fall under the FRA standard. Mr. Segura responded that he 4