Over the years, concerned Wellfleet taxpayers have repeatedly expressed apprehension about how individuals and businesses would be compensated for harm caused by the Herring River Restoration Project. They pressed the project proponents for assurance that Wellfleet would obtain appropriate insurance to mitigate financial loss related to the project. Such requests were typically met with reassurances about the safety of the project and the low probability of harm. Also, that contractors would have insurance to cover adverse consequences for which they bear responsibility.
The concerned citizens prepared the following warrant for consideration at the April 24, 2017, Wellfleet town meeting:
"To see whether the Town will vote to direct the Board of Selectmen not to allow any permit applications for the Herring River Restoration Project until, and unless, the project proponents give assurance that they will provide appropriate insurance and security to protect fishermen, aquaculturists, local business owners, private property owners, and town-owned property, for potential damages, financial losses and legal expenses that could result from the Project."
For reasons that can only be inferred, the Wellfleet town meeting attendees voted down the warrant, in conflict with their best interests. They may have been influenced by recommendations of the Board of Selectman and the Herring River Restoration Committee, both of which unanimously voted against adopting the motion.Excessive cost would be a reasonable explanation for the project proponents' opposition to the motion. A possible "tell" appears in the restoration committee's minutes explaining their opposition to a requirement for insurance. They asserted that "This article seeks to prevent the Town from accomplishing this important project." Why would the need for insurance deal a fatal blow to the project? A plausible explanation would be that, from an actuarial standpoint, potential insurers would judge the risk of the Herring River project to be so great that liability insurance would be prohibitively expensive. The town meeting minutes do not document why the project's technical team and town's select board urged the voting citizens to vote against their self-interests. Nor do the minutes report the potential cost of liability insurance and the causal relationship between the cost of insurance and the project's risks.
In April 2017, attorney William Henchy provided the concerned citizens with his legal opinion regarding financial liability for harm caused by the project. He wrote: "It is my opinion that primary responsibility would rest with the Town of Wellfleet, which is the owner of the dike at Chequessett Neck Road." In June 2018, Wellfleet town attorney Gregg Corbo advised: "I suggest that you factor the potential for liability into your decision-making process."
The project appears to be proceeding with the Wellfleet taxpayers destined to bear full responsibility for any financial harm caused by the project. This eventuality was predicted in 2006 when the chair of the Herring River Technical Committee, Robert Hubby, recorded in notes related to anticipated stakeholder questions: "How will the costs of restoration affect the tax rate?"