HERRING RIVER TECHNICAL COMMITTEE
12/18/07, Wellfleet Public Library
Members present: John Portnoy, Gordon Peabody, Robert Hubby, Eric Derleth, Tim Smith, Carl Breivogel, Steve Block, John Riehl, Joel Fox, Jack Whalen, Diane Murphy, Stephen Spear
Also present: Gary Joseph, Charlene Greenhalgh (here for Gary Palmer)
Members absent: Gary Palmer, Hillary Greenberg, Andy Koch
Chair called meeting to order at 1:34.
Chair reviewed corrected meeting minutes from November 6th meeting. Carl Breivogel strikes paragraph (page 4 beginning of last paragraph to word “issue”) and restated paragraph as “Carl Breivogel stated that it isn’t unusual for low flow streams such as this to have a problem with debris. Local herring wardens insure fish passage through regular stream maintenance by removing existing and potential obstacles to fish passage. Carl is unaware of a protocol in place but believes one initiated by the herring warden would be useful.”
Chair entertains motion to accept corrected minutes.
Motion by Bob Hubby at 1:38. Seconded by John Riehl. Motion passed unanimously at 1:38.
Chair asked for public comments at 1:39. No comments.
Chair handed out copies of CRP to members who did not have one. Chair asked for announcements at 1:40.
Chair gave report on MOU II signature process. Truro and Wellfleet selectmen were given copies of CRP. On November 13th, three copies were used as masters to get original signatures. George Price signed immediately. MOU II was approved by chair of Truro Board Of Selectmen. Wellfleet Board Of Selectmen praised report and the chair signed.
Chair thanks members for their help and comments on how historical this moment is.
Letterhead made by John Portnoy will be used for Newsletter.
Chair asked Bob Hubby for report on archives. There is currently a 61page document. The CRP development alone had 223 emails related to final preparation of that document. 11 things were excluded, example: redistributed subcommittee reports.
5 items remain in archives: communication of technical information, (mosquitoes, wells), Gordon’s notes following meeting, consultant bidding process, MOU development process. Bob Hubby can email document to everyone. Bob asked for input from members, e.g., emails. Document is chronological. Chair asked for this to be done in a timely manner. Stephen Spear asked if Bob needed hard copies. Bob doesn’t. Email is what he is using. Chair asked for 30 days time limit to create final document. Bob will email document to all members today following this meeting. Bob asked members to forward any documents they feel important to him to include in final document by January 1st. Members can send single emails – don’t need to compile them into one document. Chair thanked Bob Hubby for his work on the archive document.
Steve Block brought up the issue of non-federal time as a match from federal grants. Was this [tallying time spent in meetings] ever done? Volunteer hours are valued. All time spent on the project by non-federal workers, e.g. state, town, county and volunteers, should be documented as a match for future federal funding of the project. Bob Hubby suggested we start from the beginning. A portion has been done already? We haven’t accounted any match for this group at all – Tim Smith. Tim Smith suggested each member go back to their calendars and determine what meetings they’ve attended – meeting time and travel time. Compile into matrix… check off boxes. Box would include meeting time and travel time? - Gordon. Who was there, when it started and
when it ended – Stephen spear. Tim Smith, John Portnoy, Steve Block, Stephen Spear, Eric Derleth would not be included. Eric Derleth suggested including time spent outside of meetings (e.g., fire station?, writing CRP). Chair will put file together in 30 days and send out. If members want to add something they have 1 week to respond. Bob Hubby mentioned the time-spent writing/editing the CRP. Also the writing of the 12-to 13-subcommittee reports. Members should tally the hours spent on these activities. Steve Block suggest finding out how much the town has paid for administrative?
Chair is going to take responsibility for time spent inside meetings, members are responsible for time spent outside meetings, and will email to members. Separate time by town.
Chair asked John Portnoy to update chronology at 2:04.
Chair is going to document appointment certificates for members on the new committee.
Chair asks Tim Smith about public access to detailed contour maps of the Herring River Flood Plain… CAD/GIS files. Public files. Files are not currently accessible. Can put them on a cd. If someone wants a pictures of the floodplain, they are pdfs – can circulate them. Would it be better to have them posted on the town website – Bob Hubby. Chair and members would like copies of pdfs. Members can email Tim Smith or John Portnoy for copies. Chair thanked Tim Smith for his work on the maps.
Chair introduced members of HRRC, established by MOU II signed on November 13th - Gary Joseph (Town of Wellfleet), Gary Palmer (Town of Truro), Steve Block (NOAA Restoration Center), Eric Derleth (US Fish and Wildlife Service), Stephen Spear (USDA Natural Resource Conservation Service *Correct on member list), Tim Smith (Coastal Zone Management – Wetlands Restoration Program), John Portnoy (Cape Cod National Seashore).
Chair called brief recess at 2:12.
Chair reconvened meeting at 2:25.
Chair asked members to share priorities they felt should be communicated to HRRC from HRTC. John Riehl would like project to go faster.
Carl Brievogel doesn’t envy Gary Joseph on being a new member of HRRC, not having been part of HRTC. Carl thinks it would be helpful to Gary to go over history of the HRTC. Chair said he has been going over the CRP with Gary. Carl wished Gary good luck.
Gary Joseph introduced himself. Gary said he is familiar with the overview of the herring river restoration project and many of the associated issues. Gary sees this as a great project for the town of Wellfleet. Gary said being appointed to the HRRC has changed his view of the project. Gary said he must now represent everyone – both pros and cons – and hear all sides. The Chair thanked Gary.
Bob Hubby followed up on Carl’s comment. Bob suggested that one helpful document in particular would be the FAQ document.
Jack Whalen said it has been an honor to be on the committee for 2 years and 4 months. Jack thinks the new committee needs to redo the engineering aspect of the project. There are some engineering things that are still open-ended. Jack thinks the committee has done a good job, and hopes to live long enough to see the end of it.
Stephen Spear thinks the communication will be very important. We may need someone in the future to help with that… communications with the public. Stephen looks forward to having HRTC members that are not members of HRRC available for help.
Steve Block suggested hiring a firm for MEPA/NEPA. Steve thinks HRRC will need to look into Mill Creek.
Eric Derleth is happy to have been part of what has been done, and is looking forward to what is to come. Comments on what Steve Block said. Issues specific to parcels of land affected by any tidal restoration. Federal appraisal process … way under for golf course restoration. Focus of HRRC. Hopes to tap into expertise from past HRTC members and possibly sub-committee members. Useful for education.
Joel Fox stated that he is pleased to have served on the committee. He wished Gary all the luck in the world. It’s been a hell of a run and I’m happy to be here. Joel thinks the new committee should review the CRP and information used to put that together before they go forward.
Tim Smith thinks an important consideration is the administrative structure/support needed in the future. There is overwhelming support and effort needed in the future. Technical details, project management, outside consultants, those sorts of questions need to stay close to the top.
Diane Murphy would like to back up what Tim Smith said about hiring outside consultants. Diane suggested staying cautious about costs (e.g., diking). Another priority is shellfish industry interest.
John Portnoy thanked the HRTC members. John said we need to move closer to treating the whole system together, closer integrating the Mill Creek system. John is looking forward to working on the new committee.
The Chair brought up the important continuity of ethics laws, public meeting laws, and open meeting laws.
The Chair suggested HRRC meeting agendas and minutes should be posted in both Wellfleet and Truro.
The Chair brought up the his concerns regarding the social component of this project. It should be as important as the scientific component. Every question should be answered to the best of the abilities of the HRRC. The Chair thinks the HRRC will be more than capable.
The Chair opened the floor to drafting a list of proposed advisory committee members to be supportive of the HRRC at 2:53. The Chair will put his name on the advisory list.
John Portnoy reminded the group that HRRC is a group made of seven representatives from seven organizations. The letterhead should represent this. John passed out a list of suggested advisors.
Stephen Spear brought up an email that was about a consultant and his theory on the law in regards to personal property rights. Mentioned that we want a solution that would be satisfactory to everyone. This may not be possible. The issue that someone’s aesthetic opinion should not be a determining factor.
John Portnoy commented on private property rights. A private property owner may not hold all the rights to that portion of his/her lands within a coastal flood plain. Laws dating back to English common law and the Magna Carta recognize and protect public rights on such lands.
Stephen Spear hopes to avoid a legal battle regarding property rights.
The Chair asked for additional names to the advisor list at 2:59. John Riehl suggested asking permission before publishing the list. John would like to be included. Jack Whalen asked if anyone from the National Seashore refused to help. No. Steve Block suggested including an engineer (or something like that). Stephen Spear suggested including Peter Watts, Chair of Stakeholder Committee. Stephen thinks we need more people from Truro. Charleen suggested including herself and Pat Pajaron. Charleen asked what about Cape Cod Commission folks? Carl Breivogel would like to be included as a past herring warden official. John Portnoy suggested Truro and Wellfleet DPW Chiefs, Denny O’Connell, and Peter Hall (from Wellfleet).
John Riehl suggested appointing a liaison with the Wellfleet Board of Selectmen.
Tim Smith suggested Lisa Berry-Engler (Coastal Coordinator Areas of Critical Environmental Concern) and Liz Kouleharous. Joel Fox suggested contacting Alice Boyd – grant writer. John Riehl suggested appointing a liaison with the political members of state (e.g., Sarah Peake, etc.).
Jack Whalen suggested Barbara Boone (CYCC).
Stephen Spear can get an engineering review from his agency.
Chair brought attention to page 4 of MOU II, number 6. Tasks…
Review CRP.
Committee members should be familiar with scientific and engineering reports of the CRP (list/bibliography in CRP).
Develop detailed restoration plan… integrating MEPA/NEPA.
Eric Derleth asked what is the likely timeline for the NEPA process? John Portnoy indicated that the National Seashore has received $88K from NPS, which has been obligated to the Coastal America Foundation for production of an EIS/EIR. These funds do not have to be spent immediately. John Portnoy doesn’t know about timeline as yet.
Permitting timelines should be a priority. ConCom will be one of the earlier permits. Many permits cannot get issued without a ConCom permit.
MESA will be covered under MEPA.
Cannot have permitting process until MEPA/NEPA permitting is complete – Eric Derleth.
Charleen said one tripwire might be Cape Cod Commission DRI.
Chair brought up subject of outreach. This is an exemplary project in scope and magnitude. Educational component should be included.
Public access is critical component.
Produce third MOU.
Produce detailed plan.
Gary Joseph asked how confident the HRTC is that the project is going to work. Is the CRP going to have enough information to go forward? The issues are listed in the MOU II. The Chair stated that the CRP represents a linkage between the HRTC and the HRCC. The Chair thinks Gary can have 100% confidence in the project.
Stephen Spear thinks that all members think the project is doable, but it will be difficult. We are under no illusions about the task ahead of us. Stephen is cautiously optimistic.
Carl Breivogel answered Gary by reiterating what the Chair said. Carl thinks there will be no surprises from the committee.
The Chair states that the new committee will not be voting, they will be moving forward by consensus.
John Portnoy states that new information will come about that will help the committee. John commented on the importance of taking small steps.
Eric Derleth stated that there will be another published document, and will have to go through the process, but will have a different outcome… not here are the options, but this is what we are going to do.
Stephen Spear brought up the fact that the committee had unanimous votes, even with differing opinions.
John Portnoy commented on Gary’s phrase: this isn’t just a good idea. The committee has always gone to the best science they could find. John feels confident the committee has done the best they could in addressing the issues. Gary Joseph has a lot of confidence in John Portnoy.
Eric Derleth stated that the price tag for the project is daunting. Moving the golf course is going to be expensive, and we don’t have the money for it. We don’t have money for changing the dike. We’re going to have to raise money. It’s going to be expensive. Eric thinks the committee can get it done, it’s just going to take a while.
The Chair brought up the issue of transitional protocols. The Chair asked Gary Joseph to make contact with the HRRC committee members and schedule a meeting within 30 days and develop an agenda, and post with the towns of Truro and Wellfleet. The committee will also need to record meeting minutes.
The Chair discussed a protocol to keep the HRTC informed with the HRCC agenda and minutes at least for the first few meetings. Should set up communications list and have a list of abutters that are sent notifications.
Bob Hubby suggested the HRRC should have some of the guidelines that the HRTC has been following.
John Portnoy suggested scheduling the first meeting of the HRRC soon. The National Seashore is looking forward to beginning the NEPA process. Would like to include someone from the state for MEPA.
Stephen Spear thinks that should wait until the second meeting. Stephen is sobered by what the committee has to do.
The Chair invited HRTC members to make parting statements.
John Riehl thinks it has been a great committee and a great process. John thanked the Chair for his leadership. John thanked Tim Smith for his interventions. John thanked John Portnoy for his intellectual leadership.
Carl Breivogel was impressed with the information he received from the committee. It has been a good process. He’s enjoyed working on the committee.
Bob Hubby stated the process has been remarkable. The presentations have been outstanding. Bob doesn’t think there is a better spokesman for their efforts than the Chair and John.
Jack Whelan appreciates the Chair’s leadership.
Stephen Spear stated that he has enormous respect for all committee members. A river shall never kill its fish. That should be a fundamental truth here.
Steve Block stated this is the most complex project he has come across. The complexity is a result of social constraints. He is awe of what the committee has accomplished. The Chair has done an excellent job.
Eric Derleth stated that this is the most complex project he has worked on. Communications provided have been critical. The benefits are huge, and that’s why we’re all here.
Joel Fox stated how sobering this project is. Perhaps only on Cape Cod could a project like this happen.
Tim Smith stated that this process was a great opportunity. Understanding what the resource means to the town. Some committee members get paid, but the volunteers, especially the Chair, have gone above and beyond the call of duty.
Diane Murphy read aloud a written statement that she prepared, thanking the Chair and HRTC members.
John Portnoy passed out jars of honey to thank all members. John thanked Gordon for serving as Chair.
The Chair thanked the HRTC members for their shared inspiration. He said he always believed in their mutual efforts and they had never disappointed him. The Chair said he always had confidence in and respect for their work. The Chair also has full confidence in the HRRC.
Gary Joseph, as representing the town of Wellfleet, thanked the committee and looks forward to working on the HRRC.
The Chair entertains a motion to adjourn, whereby dissolving the HRTC.
Motion to adjourn entertained by Joel Fox at 4:11. Seconded by Bob Hubby. Passed unanimously at 4:11.
Respectfully submitted by Nicole Freidenfeld
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