Planning and Procedures Subcommittee

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, December 9, 2003 at 5:00 p.m. at Piccerelli Gilstein & Company, 144 Westminster Street, Providence, RI.

MEMBERS PRESENT
Michael M. Tikoian, CRMC Chairman
Dave Abedon
Paul Lemont

STAFF PRESENT
Grover J. Fugate, Executive Director
Jeff Willis, Deputy Director
Brian Goldman, Legal Counsel
Dan Goulet

Call to Order. Mr. Tikoian called the meeting to order at 5:03 p.m.

Mr. Tikoian 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. Mr. Tikoian 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.

Mr. Tikoian asked for a motion to approve the subcommittee's meeting minutes of November 18, 2003.

Mr. Lemont, seconded by Mr. Abedon, moved to approved the November 18, 2003 meeting minutes. All voted in favor of the motion.

Item 5.A. Association Docks. B. Goldman asked that this issue continue to be vetted at the staff level, to be ultimately brought to the subcommittee for action. Mr. Tikoian directed staff to continue to develop this issue and bring it to the subcommittee when ready.

Item 5.B. Fitness for Purpose. D. Goulet explained the development of a Fitness for Purpose element of the RICRMP: need; current issues; how other jurisdictions handle similar issues. The subcommittee discussed the requirements of potential regulations relative to its incorporation into the RICRMP as well as existing Council jurisdiction. Mr. Lemont believed that while the Council can require such investigations for existing structures when such work is proposed at these structures, legislation may be required to pro-actively seek fitness for purpose investigations and certifications. Mr. Tikoian reiterated the need for industry input, and reminded staff to seek such input after the first draft of these regulations is finalized. G. Fugate suggested that the findings section of the potential regulations be strengthened such that a better and clearer nexus exists between them and the subsequent policies and standards. B. Goldman and Mr. Tikoian both felt that legislation is needed to pro-actively seek fitness for purpose investigations. Mr. Lemont asked if the Coast Guard already performs this task. D. Goulet explained that the Coast Guard performs similar tasks at port and terminals, but only for issues such as fire. The regulations being considered by the subcommittee will address structural issues.

The subcommittee directed staff to incorporate the fitness for purpose requirements into Section 300.14 such it addresses requests for maintenance to port and terminal facilities.

Item 7. Staff Reports. G. Fugate, at the request of the chair, reported on the success of the recently-held staff and Council member workshop at the URI Alton Jones campus. Mr. Lemont reiterated the report that the workshop was a success and that the Council should hold these types of workshops approximately once per quarter. Mr. Tikoian asked staff to summarize the workshop in memo form for those Council members who were not able to attend.

Mr. Tikoian reported on how he and G. Fugate will be testifying at a Senate Oversight Committee hearing regarding Bay planning, and will be presenting the Council's efforts relative to that (Greenwich Bay SAMP; CZM overview and planning authorities). Mr. Tikoian also mentioned that the House will be holding similar hearings and that he, Mr. Lemont, G. Fugate and J. Willis need to coordinate schedules so that the Council is represented at each of these venues.

G. Fugate presented a listing of all policy staff tasks and planning efforts.

ADJOURN. Mr. Abedon, seconded by Mr. Lemont, moved to adjourn. All voted in favor of the motion, and the subcommittee adjourned at 6:45 p.m.

Respectfully submitted January 16, 2004 by

Jeffrey M. Willis
Deputy Director

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