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Herring River Technical Committee 08/15/06
Herring River Technical Committee Meeting

Tuesday, August 15, 2006, 1 PM

Wellfleet Senior Center

I.      Minutes
II.     Public statements
III.    Committee business
IV.     Impact Subcommittee, mtng w/ Truro BOS report
V.      Report from CY&CC, Horsley Whitten Group
VI.     Property owner notification report
VII.    Low lying roadway identification
VIII.   Tim Smith CZM, consultant negotiations report
IX.     Stakeholder SubCom report
X.      Education SubCom report
Break
XI.     Access SubCom report
XII.    Vegetation mgmnt SubCom report
XIII.   Migration SubCom report
XIV.    Monitoring SubCom report
XV.     Liaison SubCom draft report
XVI.    Archive SubCom draft report*
XVII.   Administration restructuring for CRP
XVIII.  Membership restructuring for CRP
XIX.    Designation of responsibilities for CRP
XX.     Property Owner Information Meeting protocol
Adjourn


*Committee members please bring up to 10 serial or significant, self generated emails (in hard copy) to this meeting to satisfy archive requirements. Digital copies will be made, referenced by the hard copies. The hard copies will go to the town clerk with our minutes.
Thank you-gordon





August 15th, 2006 HRTC 1PM Wellfleet Senior Center      page 1 of 7

Attendees: Committee members John Portnoy, Tim Smith, Jack Whelan, Carl Brievogel, Andy Koch, John Reihl, Joel Fox, Gordon Peabody, Bob Hubby, Diane Murphy. Stephen Spear.
Advisor Eric Derleth USF&W
Wellfleet BOS liaison Helen Miranda Wilson

1:05pm Meeting called to order
Review of minutes 07/25/06. Motion to approve by Joel Fox, John Riehl seconded. Passed unanimously.

Laura Watts is introduced. She is a researcher and field worker with Safe Harbor, a restoration supporter donating today’s recording services.

Members looked over minutes from the afternoon session of the June 22nd 2006 meeting. Motion to approve by Jack Whelan, J. Portney seconded. Passed unanimously.

Public Statements:  no public attendees

Committee Business:  Gordon Peabody brings Committee up to date on his contacts re Herring River.  Informal field trip with a few members of the Conservation Commission.  Meeting with chairman of the stakeholders, brief meeting with liaison from Board of Selectmen Helen Wilson.
Gordon Peabody and John Portnoy made presentations to Wellfleet Conservation Trust and Wellfleet Non Resident Taxpayers meetings last weekend.
Two questions stood out
1)      Who is going to benefit from restoration?  
2)      Why is the Restoration of any benefit to Wellfleet, Cape Cod or the Gulf of Maine?
    Gordon Peabody told the Committee that educational communication skills needed to be developed, following the Education SubCom guidelines.

Gordon Peabody said we should document our time spent on the restoration project.  Many of the restoration grants will require matching funds and “in kind” services, such as Town Planning time for the restoration would be acceptable.
                                HRTC minutes, 8/15/06                     page 2 of 7
A motion was made to send a thank you to Architects Studio    
for becoming a Restoration Partner by providing recording services for the July 25, 2006 meeting by John Portnoy, John Riehl seconded. Passed unanimously.
Gordon Peabody informed the Committee that when time constraints threatened to delay the Truro abutter notifications for our Monday information meeting,  Architects Studio also provided copy and labor services for the mailing.
The Chair provided postage and will be reimbursed by Truro.

Joel Fox gave a brief review of meeting with Truro Board of Selectmen. He informed the Committee that the meeting was short, the BOS were supportive and we should have a Truro member on our Committee.
The Truro BOS appointed Gary Palmer HRTC Liaison.  
Joel Fox expressed that we need a closer rapport with Truro Gov. officials.  Gordon Peabody said they would attend our abutter information meeting.
Jack Whalen asked if we should ask Truro officials to elect a rep.  Gordon Peabody said we would have to decide what the goal of having people at the table would be, to vote or just be informed.
Joel Fox expressed that we should approve Truro as a voting member because property will be affected and residents will look towards the Truro BOS to protect them.  
Bob Hubby said they should at least be corresponding members.
Tim Smith said it would make the most sense to make sure they get information and are aware of our process.
Andy Koch agrees they need to be informed if they vote or no
Diane Murphy said eventually they should be voting members.
Carl Breivolgel said someone should be appointed immediately.
Jack Whalen said he thought the MOU says others can be appointed.
Helen Wilson said it is may not be a good idea to bring in someone now as a voting member but we should aggressively educate them on the issues.  Even if Truro decides not to be apart of the project they should be included.

John Riehl made a motion @ 1:30 pm, Joel Fox seconded, to authorize Chair to extend invitation to Truro selectmen to appoint someone to the HRTC.
Vote was unanimous.
Gordon Peabody asked Tim Smith to introduce the next agenda item.   Report from Horsley Whitten Group summarizing their work on the CYCC.

                                        HRTC minutes, 8/15/06         page 3 of 7
Horsley Whitten Group large map to describe relocation of     
holes that would be submerged (while maintaining playability of course). Will require a MEPA filing. Will be done as part of larger CRP MEPA document.  Phase 1 waiver would be approved while restoration is reviewed.
Carl Brivogel asked if spring tides and a buffer from chemication, had been considered.
Development will trigger Cape Cod Commission review (DRI).  
The DRI should be presented from standpoint of community benefits.
Observations = no detriment to endangered species.
H/W was confident that plan is permitable/w/ keep a playable golf course.
Steven Spear asked if any thought was given to controlling the basin, Worried about invasive vegetation, wondering if before flood plan opens, re-vegetate with indigenous mitigations.
Carl Brivogel said they should not be forced to revegetate.
Worried about monitoring on all properties for invasives.  
John Portnoy said  APCC does monitoring on the river  & will do so here.
Gordon Peabody asks for a numerical sense of overall impact, for both square footage to be filled and volume of fill to be used.
H/W said numbers were in the report. There were two different considerations in determining numbers. Tim Smith gave numbers 26,000sq’ high, 2,000 low.  There would be no need for outside fill.
Cape Cod commission DRI could be mitigated by overall package.  
Stephen Spear said standard mitigations  by commission would be 2 for 1.

Tim Smith described funding in hopes of expressing a timetable.  Next fall apply for a grant for the NWF.  The soonest any action can take place is Fall 2008. Timing of the coastal grant & three year deadline for NOA funds.
John Riehl asked if any funds are contingent on other funds.  If other funds are not approved by end of NOA deadline, then what?
Gordon Peabody said our schedule was for 10 months to develop plan, 18 months for permitting, with possible time overlaps for grant financing.

Eric Derleth asked if grading was included in cost projected cost of golf coarse project 2.3/2.4 millions.  Tees and greens if they are removed may give credit with permit agencies.  
Jack Whalen says difficulty is that they will want to use those until new ones are ready.
Gordon Peabody asked if there were any other questions and then thanks Horsley Whitten Group.
Break @ 2:25 pm
                                        HRTC minutes, 8/15/06        page 4 of 7
Property owner notification working group                              
Hillary could not attend this meeting. It is understood that she notified over 100 owners, within the deadline set by the Committee.
Copy of the letters sent was passed out.  
The letter includes website, phone numbers and invitation to next Monday’s information meeting at 7pm in library.  
Gordon Peabody says that no quorum is needed but he would like local based Committee members to attend and share the task of answering questions and express their confidence in restoration.

Low-lying roadway identification working group
Joel Fox went to Wellfleet assessor’s office, was given a series of maps.  Checked the map and said very few spots are going to be affected that people are not aware of.  Old County Road, Bound Brook Island Road.  Parking lot at Duck Harbor…doesn’t see much.  Will go to fire chief and see what, if any, back roads need to be kept open.
Gordon asked about a clarification for the road with three names. Joel Fox said we would use the names as written on the assessor’s maps.
John Portnoy volunteers to go with John Riehl to speak with fire chief regarding any thoughts concerns he may have re project, keeping roads accessible for fire safety.

Consultant negotiations working group
Tim Smith-passed out ENSR revised proposal for Salt Marsh Restoration
Gordon Peabody reminded the Committee that no action by the Committee was necessary at this time. Tim was still under Committee authorization (by means of a motion at previous mtng) to continue negotiations. Tim mentioned that the current proposal is still several thousand dollars over our current grant budget.

Stakeholder SubCommittee Final Report
Bob Hubby presents stakeholders report…
Report via email on July 30th 2006 and requested comments by august 8th 2006.  Asked for any commits and if not, accept report as written.
This report will be given to the stakeholder’s chair and members.
Motion by Bob Hubby, Joel Fox seconds, to accept report as written.
3:19 PM Vote is unanimous.



                                HRTC minutes, 8/15/06             page 5 of 7

Education SubCom Final Report                                         
 Bob Hubby gave back ground of the report.  This is a guideline doc giving framework for educational outreach, communication and information clearinghouse regarding the restoration.
Bob Hubby motions that the report be accepted as written. Joel Fox seconds, unanimously voted. 3:24 pm
John Portnoy volunteers to help design a newsletter and voices concerns that just web information may not be enough, because not everyone is computer proficient.
Gordon Peabody asks Committee members to contribute input to John prior to our next meeting so John can deliver a draft to the Committee for review. Distribution of new letter is brought up.  Library, town hall, etc. are suggested as pick up points for the letter.

Access Sub Com report
Not ready for review.  John Riehl will draft report and connect with Gordon.
John Riehl will also contact Coastal and Pond access committee chair Tom Flynn to see if they have question, comments & concerns.

Vegetation Management SubCom Report
Not ready for review. Gordon will rewrite Vegetation report.

Migrations SubCom report, 2nd draft
Carl Breivolgel presents Fish & Wildlife Migration Considerations outline.  Not ready to be voted, waiting for more information.  
Meeting & Fieldwork need to be done to double check migration windows.
Carl Breivolgel suggests that we monitor and use techniques to protect fish when working in sensitive resource areas.   

Monitoring SubCom report
Diane passes out Draft.  
Gordon wants a catalog of monitoring parameters, wildlife and plants we are monitoring.  
John Portnoy has an outline of monitoring protocol
Gordon Peabody asks Diane and John to connect and finalize and circulate a draft prior to our next meeting.  
Break called at 3:55pm.

                                HRTC minutes, 8/15/06                page 6 0f 7

Liaison subCom report                                                               
This report is not ready for a vote.
Gordon Peabody states that we will need more people to work with this SubCom. He asks each Committee member to please take a few minutes to think what groups they have access to, suggestions as to who would be good groups to share information with and get support from (including schools and community groups). As a Liaison list.


Archive SubCom draft report
Bob Hubby was to back track emails that were significant.  Hand out guidelines for HRTC Archives.  Goal is that record will become digital record.  
Helen expresses that legally exchanges between any two members must be on record for whole committee.  Any emails sent back & forth must be forwarded to archivist.  
Bob Hubby says in his mind sub com correspondence provides a final document that is approved by the committee as a whole.
Gordon Peabody said Helen was touching on public records law.  Gordon will check to see if we have discretion in whittling down emails for archives.


New Business
John Riehl sent an email to Gordon re staging of project…two concerns
1)      Step by step, what are the criteria of steps, how will they be managed
a.      Progressive flooding of diff. vegetation
b.      What are our control points, decisions of when to go ahead not to thresholds
2)      Transition from old to new dike…would like more detailed discussion
These will become agenda items for Sept 5, 2006









                                HRTC minutes 8/15/06                    Page 7 of 7

Administration restructuring for CRP
Issues regarding oversight committee
Gordon Peabody asked- are we looking at going with a second MOU for the others involved (Truro)?  We need to decide what path are we going to take?

John Portnoy- consensus is what we need regarding an oversight committee, how do we make the committee happen? With the selectmen, the MOU-2 needs to be done before this committee can hand it over.
John Riehl-  CRP approved and path going forward an MOU 2 could be the way to set up the next process.  
Stephen Spear-Conceptual plan and MOU 2 done at same time.
Joel Fox-It will bring in Truro and allow them to be involved in process
Eric Derleth-Second Memorandum of Understanding         
Should include triggers.
Helen Miranda Wilson-this is the group that should draft the MOU2.
Steven Spear- get help from a group that has more experience.
John Portnoy- We should start MOU 2 because it will take time, develop Restoration plan but only as conceptual.
J. Riehl-This group with consultants should develop conceptual plan.

Gordon Peabody asked the Committee to discuss the addition of three new members, one from Truro, one from NOAA and one from USF&W.
Gordon- who do we want at the table? Asks everyone to give opinion.
All feel that they should be here and most feel they can vote but are afraid they will slow down the process, without background history of HRTC work

Gordon- asks for motion from committee to approach board of selectmen in Wellfleet to fill committee vacancies from NOA, USFW and Truro.
5:03pm. Jack Whelan moves, Joel Fox second. Unanimous vote in favor.

Next meeting scheduled for September 5th @ 1PM Council and Aging.

Motion to adjourn 5:12 pm, Bob Hubby motioned, Joel fox seconded.