Planning and Procedures Subcommittee

Coastal Resources Management Council
40 Fountain Street
Providence, RI
Tuesday, January 21, 2003
5:00 p.m.

MINUTES

In accordance with notice to members of the Rhode Island Coastal Resources Management Council's Planning and Procedures subcommittee, a meeting of the subcommittee was held on Tuesday, January 21, 2003 at 5:00 p.m. at the Coastal Resources Management Council, 40 Fountain Street, Providence, RI.

MEMBERS PRESENT
Pam Pogue, Vice Chair
Michael M. Tikoian, CRMC Chairman
Paul E. Lemont
Dave Abedon
Jan Reitsma, RIDEM Director

STAFF PRESENT
Grover Fugate, CRMC Executive Director
Brian Goldman, Legal Counsel
Jeff Willis, Deputy Director
Kevin Cute, Marine Resources Specialist

 

Call to Order. Ms. Pogue called the meeting to order at 5:15 p.m.

Ms. Pogue opened the meeting with a brief statement of the subcommittee's function and purpose. The Planning and Procedures subcommittee meeting is an open public meeting; it is not a public hearing. Therefore, discussion is available to the Council members themselves, and to all else at the allowance of the Chairman. Ms. Pogue further explained that the subcommittee is the program and policy development arm of the Council, and that any programmatic decisions made by this group must ultimately be approved by the full Council in accordance with all proper procedures.

Ms. Pogue asked for a motion to approve the subcommittee's meeting minutes of November 19, 2002.

Mr. Abedon, seconded by Mr. Reitsma, moved to approve the November 19, 2002 meeting minutes. All voted in favor of the motion.

Item 3.A. Section 150.E.3(c): Coastal Buffer Zones. J. Willis explained that the proposed changes were the latest result of input from the subcommittee, with minor staff revisions, such as the addition of the types of foundations to which the regulations would apply.

Mr. Reitsma, seconded by Mr. Lemont, moved to approve the revisions as written. All voted in favor of the motion.

Item 3.B. Section 300.9: Dredging and Dredged Materials Disposal. J. Willis explained that these were brought back to the subcommittee because it had been a few months since the subcommittee approved them and, prior to advertising them as a potential program change, it was felt that they should be brought back to the subcommittee for final discussion.

Mr. Reitsma, seconded by Mr. Abedon, moved to approve the revisions as written. All voted in favor of the motion.

Item 3.C. Petition for Regulation Change: SW Shoreline of Hog Island. J. Willis explained the work staff had completed to-date regarding this petition. Mr. Abedon asked what the process would be from this point forward. B. Goldman explained the subcommittee process for such issues. Mr. Reitsma stated his concern about the policy implications the petition presents for essentially the benefit of a very small number of people, possibly one.

Mr. Tikoian stated his intent to assign this petition request to a subcommittee to be organized as soon as possible.

Item 4.A. Management Procedures. Section 4.3.2(r). Schedule of Fees: Annual Staff Application Processing/Review Rate. G. Fugate and J. Willis explained that this item requires annual subcommittee review as to the staff review rate for which the Council can assign to certain applications, as described within the section. Currently, the rate is $500 per hour. Staff explained that this rate is reasonable to meet current review requirements under this section.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the rate at $500.00 per hour. All voted in favor of the motion.

Item 4.B. Section 4.3.2(t). Management Procedures. Schedule of Fees: CAD Cell Disposal Fees: $0.75 cy. Providence River Project Non-Federal Applicants. G. Fugate explained that the Council has consistently been asked throughout the planning process of the Providence River Project for staff that would serve to provide up-to-date, regular and timely information of the status, progress, and issues surrounding the Providence River Project, as well as any other marine-related outreach efforts. G. Fugate explained how the Budget Office offered support for such a position only if the Council could identify a funding source. The proposed $0.75 cy fee is that funding source and has been subsequently addressed by the Budget Office. The Rhode Island Marine Trades Association have also been approached as to this fee and its intended use and has agreed that the position is necessary. Mr. Tikoian expressed a favorable opinion of this proposed revision.

Mr. Tikoian, seconded by Mr. Reitsma, moved to approve as written. All voted in favor of the motion.

Item 4.C. Section 300.6.D.1. Treatment of Sewage and Stormwater/Prohibitions. G. Fugate and J. Willis explained that this section contains inconsistencies relative to the activity allowances found by Water Types in Table 1 of the RICRMP, and the specific language as found within the section. G. Fugate proposed revisions to this section such that it better reflects the intent of the RICRMP and that it is consistent across all sections of the RICRMP. This would be done for all sections of the program. J. Willis asked the subcommittee if the direction proposed was acceptable so that staff could bring back language that has been vetted at the staff level for final consideration by the subcommittee.

The subcommittee directed staff to continue with this approach and bring back proposed revisions when ready.

Item 5.A. CCA-Treated Piles in Tidal Waters. Director Reitsma asked that staff prepare a report for the subcommittee for discussion at a later date.

The subcommittee directed staff to complete a report for future consideration by the subcommittee.

Item 5.B. RIDEM Request to Revise Existing Type 2 Waters at Dyer Island to Type 1. K. Cute presented and discussed letter received by the Council from the RIDEM Narragansett Bay National Estuarine Research Reserve to have the waters surrounding Dyer Island to the 18-foot contour be designated as Type 1. Director Reitsma explained that Dyer Island was recently purchased and added to the NERR properties, therefore, the Type 1 Water designation would consistent with existing water type designations for the NERR.

Mr. Tikoian, seconded by Mr. Lemont, moved to have staff advertise the DEM request as a rule change. All voted in favor of the motion.

ADJOURN. Mr. Reitsma, seconded by Mr. Tikoian, moved to adjourn. All voted in favor of the motion, and the subcommittee adjourned at 6:11 p.m.

 

Respectfully submitted February 12, 2003 by

Jeffrey M. Willis
Deputy Director

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