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NRAB Minutes (Approved 6/24/03, 3 - 0) June 3, 2003 Town Hall Hearing Room
Present: Glenn Shields, Paul Conor, John Riehl, Doug Franklin, Lezli Rowell
RECEIVED
JUL 1 1 2003
TOWN CLERK
The meeting was called to order after at 7:20 pm. It was ascertained that the meeting had been posted at Town Hall, May 30,2003. Regarding the first agenda item, committee reorganization, Lezli Rowell moved that the NRAB Chair for the next year shall be Doug Franklin, seconded by John Riehl. There was discussion of the role of a committee chair, which the board felt useful to clarify. Doug recalled the topic of checking the file folder kept in the upstairs copy room of Town Hall (discussed 5/13/03) and noted that the Chair should check this for submissions regularly. Lezli noted the file contents as reviewed since the past meeting. some now outdated, relevant materials copied and sent to board members. Doug questioned whether it was the role of the Chair or the secretary / clerk to post meetings and notify members - to
which Glenn Shields noted that by tradition it is the Chair. Paul Conor spoke to date certain meetings from the vote ofthe board being posted by the Clerk, as opposed to times when a Chair must coordinate members to schedule a meeting. Lezli stated that the duties of the Chair are not just the scheduling of meetings but also some follow through from voted directives, or delegating. John noted that the Chair represents the board before the Board of Selectmen and the Town's administration - and Paul noted that this occurs by specific vote from the Board to do so. John distinguished that the Chair (as any member) can speak for themselves, and should make it clear when they are representing the Board. Doug accepted the nomination and said that the term shall be until the first NRAB meeting after the 2004 Annual Town Meeting. John asked whether a Chair primarily facilitates or more actively directs meetings - to which the consensus was "facilitator". Lezli called for a vote of
the motion.
Glenn spoke of his past year Chairing the board, saying he had been "too lenient with the structure" and "caught up with the Harbor Planning Group, loosing headway with the NRAB and causing confusion with participation". John asked who sets meeting agendas? Lezli responded that as she has been acting as a clerk and preparing materials for meetings, she had based agendas for a meeting from the votes of the previous. She called for the vote on the motion. Doug Franklin was elected Chair of the NRAB unanimously (5 - 0).
Doug offered his thanks to Glenn for his work during an interesting year, and moved nomination of Lezli for committee secretary / clerk. Paul seconded. Lezli accepted the nomination and noted that she would continue to prepare meeting packets. John noted the energy brought to the endeavor and wondered if minutes could be "less". Lezli responded that her model of a committee secretary is Fran Castillo in attempting to capture all the deliberation - minutes are meant to serve posterity as well as inform the public. Paul felt that the level of detail is useful when one looks back to understand why a decision or vote was arrived at - and Lezli observed that in some of her own research, motions-only minutes leave the reader confused. From the audience, Selectwoman Helen Miranda Wilson expressed appreciation for
Lezli' s minutes and noted that if you could get (professional committee secretary) work done for nothing, the board should take it. Glenn expressed a preference for taping meetings over lengthy minutes if there will be a future need for research. The vote was called; Lezli was unanimously named committee secretary / clerk (5 - 0).
Doug wondered if a vice-chair is necessary for a small board. It was agreed that in the absence of a Chair, the board can just choose an acting chair.
Doug introduced some housekeeping topics, beginning with the desire to schedule montWy meetings. Discussion included the need for some flexibility, agreement with Tuesday evenings at 7 pm to avoid conflict with meetings of the major boards and better include working people. Doug stated preference for posting of meetings as early as possible, and planning for meetings to end at 9 pm. The Chair preferred to plan agenda for the next meeting at the end of a meeting, and the secretary noted that would allow her to prepare packets for the board ahead of the meeting date.
The Chair and clerk could to be responsive to things that come up in between meetings or directions to add to meeting agenda. Doug expressed preference for the board to sit facing the audience, to have board discussions first before opening comments to the floor, and putting "Open Session" at the end of agenda. Lezli agreed, and noted that a standing agenda item of "Other Business" could be used for cover any unanticipated but relevant topics. Glenn said that at the beginning of his service there had not been audience, but as the "tumultuous" process attracted attention, things have changed. Doug asked about the policy regarding absences, to which the answer came from Selectmen and NRAB liaison Jerry Houk - that the Charter calls for the release of a member who misses four consecutive
meetings, excused or otherwise. Helen added that is so unless the four meetings were within two weeks. The Board was satisfied with the policy. Doug asked if there were any other housekeeping items, to which Glenn spoke to having maps and other resources available for discussion. Lezli responded that there are several at the Board's disposal in the binder she has prepared of NRAB materials, and that the regulatory boards have recently been given the "travel series" of the updated Assessors Series.
Regarding the agenda topic "Reports" Doug announced that Carol Ridley will speak at Audubon on July 17,2003 at 7 pm on protecting natural resources through Town planning, and that he had attended the May 14th Cons/Com ACEC workshop presented by Liz Sorenson of DEM, TfllIruUl Henson and Katie Lund of CZM. He reported that Conservation Agent Emily Beebe cited the need to address the issue of "boundary definition" of the ACEC Designation as some areas of upper Blackfish Creek are excluded. (It is possible to amend the 301 CMR 12 filing wlo a RMP). Doug also announced that momentum for a "State of the Harbor" conference is shaping up, planned for October. Paul asked how the NRAB is to know if or how an ACEC Resource Management Plan is moving forward, as no clear answer has been given or process
named.
Abby Franklin, part-time 'Policy specialist' for Audubon (and Doug's daughter) was introduced, to present the board with information regarding two projects. She spoke of a 'Tidal and Subtidal Mapping Project' underway, incorporating some CCNS work and data collected last summer with the "Roxanne" sonar device. Abby relayed that Bob Prescott, Wellfleet Bay Wildlife Sanctuary executive hired a GIS specialist (Ingrid ?) and wishes to pull together the interests of the Town and agencies. The process will take several years, and begin with mapping sediment types, before moving on to flora / fauna. John thought the goal had been intertidal inventory only, and Abby said that began as John Portnoy of CCNS's request, but Prescott wants the whole harbor inventoried and defined. Glenn wondered how this might affect upland
property owners' who think they own out to the 1650 rod mark. Lezli asked Abby to keep the NRAB advised of meetings and progress, and thanked her for her thoughtful audience participation through the winter meetings. Abby said the goal of the project is to produce layered mapping beginning with the sediment types and eventually including obligated species types. She reported that SUNY students are working on a system of classifying invertebrates. Glenn asked whether this might duplicate the efforts of other agencies, such as the DMF biological surveys. Abby assured the Audubon wishes to coordinate the various efforts, not duplicate. John asked who funds such a project, noting that the addition of subtidal area adds expense. Abby answered that funding was through the Audubon and the CCNS; John asked about NOAA funding to which Abby mentioned contacting Brett Still.
From the audience, Jerry Honk noted that Seashore biologist John Portnoy has already done.so much work and published regarding his data that he also hopes this is not a repeat of effort. Paul noted that with the pressure on to create employment in Town, a priority should be defining areas which will be acceptable to recommend for aquaculture opportunities. He recalled that an earlier NRAB effort toward species and habitat mapping died when Prescott and the Shellfish Constable Bill Walton had a dispute over a draft map - it will be important to identify strict criteria that all interests understand. Helen Wilson suggested checking with the Shellfish Advisory Committee for their input regarding priority areas of interest, as well as the United Wellfleet Shellfishermen. Glenn noted that the State may have answers to these
intertidal area questions through productivity surveys, or through the Natural Heritage program.
Abby then spoke of plans for an October "State of the Harbor" conference, originating from an April 30th meeting and discussed two weeks ago. The idea is to present the many research projects going on. She distributed notes detailing goals, themes and the potential speakers. The next meeting will be at the Library, 6/5/03 at 8 am, and a letter will go to the BOS informing them of the intended meeting and conference schedule. A Steering Committee includes Rex Peterson, Asst. T A, and a Planning Board member will be requested. The goal of the conference is to generate interest in the research toward requesting an ACEC Resource Management Plan. Doug noted it would be after the Oyster Festival, and it was hoped this opportunity would bring the work of the Town boards and committees together. He hoped that the NRAB
could help cosponsor the event. Abby also announced that Bob Prescott is available for an update on turtle research.
Doug moved that the NRAB endorse the "State of Well fleet Harbor" Conference project with willingness to cosponsor; Lezli seconded. Paul discussed how relevant the funneling of information and research will be to rewriting the Harbor Management Plan. Glenn suggested getting publicity through the local media and radio stations, contacting the Center for Coastal Studies. The motion voted unanimously (5 - 0).
John handed out a publication titled "Wellfleet Harbor Water Quality, Summer 2002" authored by himself, Bill Walton and Krista Lee, and "Tides of Humanity Alters Long Island Sound" from the New York Times (5/23/03) by Kirk Johnson. He explained the first as the resuming of the Mass MiniBays Project water quality sampling of 13 - 14 locations monthly for nutrients and chlorophyll, but not bacterial parameters. He hopes that preliminary results will be available for the conference. Paul recalled the importance of the MiniBays data to compare as a control against the Outfall Pipe contribution to the open bay. Glenn thought it may repeat the State's water quality sampling, but Lezli noted that DMF is testing for coliform and bacterial parameters while this program is monitoring nitrogen input and algae
production. Paul commented how all types of data received fit into the HMP Water Quality chapter. He likes the existing Plan's format to take in new information. Helen Wilson suggested that what goes into the HMP might be the abstracts rather than the data, or an 'Executive summary' of the variables of interpreting the data. She suggested that the NRAB have more than just the Town Hall File Folder as a store of information received. Lezli responded that she had an idea about that (see ADDENDUM).
Doug moved the approval of the 5/13/03 minutes with the amendments of the spelling of a name and some dates; Lezli seconded. John asked as a point of information about the motions described, and Lezli answered that an attachment provided the resulting language as went into memorandum to the BOS. John wished to discuss or amend the process described by the minutes to update the 1995 HMP and Lezli pointed out that a vote regarded only the 5/13 minutes, not tonight's discussion. The minutes were accepted by the vote of 3 - 0 - 2, Riehl and Shields abstain as not present.
Doug discussed the board's goals for the next year. John wanted to leave aside who would do what. Lezli directed the discussion to the materials she had prepared, hoping to nail down priority chapters and tasking, as previous Public Hearings of the advisory board had identified water quality, shoreline land use and intertidal areas to be of concern. John continued that he is concerned about the process of updating the existing plan because the Pleasant Bay Plan is difficult to read. He commented that the board should distinguish between what is critical and useful, or just convenient before considering a format. John noted that the Harbor Planning Group was not successful because it "didn't get support" and wouldn't want to make the same mistake of not designing a process with citizen involvement and
participation by the other boards and committees. Lezli affirmed that is precisely what her material suggests, and that considering NRAB leaders per chapter and support staff requests leads to soliciting submissions, input and perhaps "sub-outs" to those departments / boards / committee.
John said that the Cons/Com is already doing an ACEC Plan, and it is better to let them work and report back to the board than just ask for input. He further stated a preference for a smaller, simpler, report than the 1995 HMP with less recommendations - just ones which could be implemented and make a difference. Glenn recalled priorities and tasking from August 2002, but board membership has since changed. He thought work with a consultant or university students would enhance the quality of the plan with better statistics and graphs than this board membership could attain. He stated that he has a contact at the Urban Harbors Institute who would like the work. Glenn felt the NRAB has gone backward through the past year, and to go forward now must get professionals.
Paul reminded newer members that the Board has held Public Hearings and meetings, and the issues are identified. Lezli noted that the meeting packet included a summary of Public Hearing comments received by the NRAB (8/16/00,2/8/01 and 8/29/01) and conflicts / issues to be resolved through the H1v1P by the NRAB, and her interest to see newer members brought up to speed. She recalled canvassing nearly all the Town boards and committees, sharing information, receiving input toward the shelved Natural Resource job description and laying the groundwork that specific chapters required review by specific boards. Lezli noted sending the Water Quality chapter with Steams and Wheler report material added to many boards and committees last November, and noted that several things she expected to find in the file folder were absent,
perhaps too responses to the Water chapter. She made the example of the recent HPG vote to give the drafting of the 'Shellfish Management Plan' to the Shellfish Advisory Committee, which will go through process before HPG acceptance, then NRAB consideration. The NRAB could also "sub-out" portions of the plan where appropriate under the same conditions of board approval.
Doug asked whether the 1995 HMP is still a good base to redraft from. Lezli answered yes; John answered that it contained too many recommendations, and wondered if carried out, whether any would make a difference. He prefers a "living process" and is doubtful of the 1995 Plan. Doug stated that a "quick and dirty" plan of priority content should be accomplished within a year. Paul noted that some parts of the 1995 Plan don't need much for update (such as History and Economy chapters) but were expected content following the State 'Red Book' format. From the audience, reporter Ann Woods asked if he meant the CMR's for a State-certified plan - and Paul distinguished that it was not regulation, but guidance. Paul stated that Shellfish and intertidal issues are priority, as there have been lawsuits regarding
the use. Lezli commented that she sees Shoreline Land Use as a priority as there are also lawsuits surrounding the regulatory permitting climate as waterfront property owners seek to push the development envelope - and that Water Quality is a priority as the topic that binds the interests of the aquaculturist / fishermen dependent on it for a living and the uplanders' enjoyment of property and scenic view. John commented that the priority chapter is Natural Resources, defining species habitats. Glenn noted that the issues of the HMP are not just about the boats using the marina - priority should be impact to the environment.
Paul noted that two plans may go forward: the NRAB's redraft of the 1995 Plan, and a plan for State certification from the HPG. He considered that the middle ground might be to consider if the Marina and Dredging chapters could "sub-out" to the HPG, then return to the NRAB for submission into the updated local plan before going to Town Meeting. He noted it will take a 2/3 TM acceptance to send on for State certification and that will take working together. He asked what the Harbormaster and Selectman May meant at the BaS meeting (5/27/03) about "needing" a certified plan - and offered that if this were so, the Staff time spent thus far need not be wasted as the Harbormaster, Conservation Agent and Asst. T A could proceed. Lezli brought the board's attention to a draft letter prepared seeking to
understand the pennitting dilemma expressed by the Harbormasters' department - and felt that a consideration of handling the Marina and Dredging chapters as State certified content may be feasible. The board first needs explanation of what structures or uses cannot be pennitted. She wondered if the alternative might be support from an expert in filing pennit applications.
Glenn asked why people are afraid of the State, which also funds the school and library. Paul spoke against including the Shellfish Plan in anything to be State certified as the process to amend includes filing a request with the EOEA, while a local, flexible Shellfish Plan can be amended in a Public Hearing or at the BaS. Lezli repeated the possibility of breaking out the Marina issues to the Marina Advisory Committee just as the Shellfish Plan has been given to the SAC, with both returning to NRAB. She had no information prior to the statement at the Selectmen's meeting that the Town's permits have been declined by the Waterways or CZM divisions ofDEM, or the Army Corp of Engineers due to the lack of a State plan. She moved the sending of the draft letter, cc: to the MAC, and the direction to the Chair to schedule the
Harbormaster and Chair of the MAC to attend the next meeting for discussion. Glenn seconded.
Discussion included Helen informing the board that she had spoken to the Project Manager at the Army Corp of Engineers to "pin down the role of local vs. State-certified HMP as relates to the permitting process" and found that the certified plan was not necessary. She stated appreciation for Lezli' s suggestion to find out more about the Harbormaster's claims - and noted that plans of any type should look at the big picture. Helen was informed that permitting for dredging from the Army was simpler, that permitting spoils location had more to do with Cons / Com. She suggested the Chair make calls for information also. Jerry Houk commented that he endorsed sending Lezli's draft letter, and that in the 80's and early 90's the Town was permitted for dredging, and has never been denied permits for ramps, the L-shaped
pier and finger piers, and even received grants without a certified plan. John wondered why the push from the department for certification, and Doug said he would vote against the motion as he preferred to ask the Harbormaster informally about the issues. John said another approach would be to ask about the permitting difficulty comments made by the Harbormaster at a MAC meeting. Doug liked the part of the motion that brings the Harbormaster and MAC Chair to the NRAB table to proactively discuss the issue, and Lezli commented that the letter would express the specific need to see permit applications as filed to the agencies with permit or licensing declines. The letter would serve to bring him to the table prepared, rather than asking these questions to the response that there are relevant documents back at the office. The Chair preferred to give the letter informally and unsigned as the times are "delicate", and would be pleased speak to the Harbormaster. Glenn realized
that a draft letter was part of the motion, and rescinded his second of the motion - motion dies.
John moved that the chair be authorized to contact the Harbormasters' department and MAC to invite them to the next NRAB meeting for the purpose of clarifying the apparent need for a Certified Plan to address permitting the Town's structures and uses, and that the Chair shall use the draft letter to communicate the information the board is looking for. Lezli seconded. Paul affirmed that the letter seeks specific documentation. The motion was unanimously accepted (5 - 0).
Dates for NRAB meetings on July 1 and August 5 at 7 pm were affirmed. Agenda for July 1st will be the continued consideration of priority chapters from the 1995 HMP for update, tasking, seeking support from staff, describing process for prioritizing issues and coordinating input / submissions, as well as discussion with the Harbormaster and MAC Chair. Glenn wondered about having so many different chapters how there would be continuity - and Paul responded that was the reason for the existing format.
The meeting adjourned at 9:20 pm.
Respectfully submitted,
Lezli Rowell
ADDENDUM
The NRAB Binder containing L. Rowells' own copies (many original) of the boards' works and materials was shared with John Riehl to review. A copy of this binder was shared with the BOS at 5/27/03 meeting, given to J. Houk to review make available to other Selectmen. The packet for this meeting included its 'Table of Contents'. Any items within are available for copying, to be returned into the binder. The binder given to J. Riehl is to be returned to L. Rowell.
The Steams and Wheler 'Water Quality Task Report' with Appendices, one copy bound and one unbound for photocopying, were given to Doug Franklin. The copy NRAB binder (once returned from the BOS) and bound S&W Report should be stored in the Reference Section of the Library. The unbound S&W Report should remain with the Chair.
Helen Wilson, who provided wonderful homemade cookies, distributed "Nov. 23, 1996 Draft Agenda for Wellfleet Harbor Symposium" , a publication titled "Twenty Frequently Asked Questions about Wellfleet' s Herring River" by Brittina Argow, July 2000, and a graph entitled "Herring River Tide Heights" from 1974 through 1985 compared with gates removed and no dikes, from John Portnoy. These will be available in the file folder for those who wish to copy.
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