In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, March 22, 2005 at 6:00 PM at the Narraganset Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Jerry Sahagian
Ray Coia
Joe Paolino
Jerry Zarrella
Bob Balou
Dave Abedon
Neill Gray

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Dan Goulet, CRMC Dredge Coordinator
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:10 P.M.

Chair Tikoian made a brief statement of clarification on the council’s permitting process.

Mr. Coia seconded by Mr. Zarrella moved approval of the March 8, 2005 minutes. The motion was carried on a unanimous voice vote.

Chair Tikoian introduced and welcomed Robert Balou from DEM, who is replacing Acting Director Fred Vincent, who is on vacation until he retires, to the council.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont reported that the Policy and Planning Subcommittee met on March 15th at the Warwick Sewer Authority on the Greenwich Bay SAM Plan and that it was adopted unanimously by the Chair, Mr. Abedon and himself. Vice Chair Lemont noted that there were a lot of fine comments on the leadership that this matter through, including Mr. Abedon, who was Chairman of the subcommittee. Chair Tikoian requested that the subcommittee recommended be accepted and that the Greenwich Bay SAM Plan go out to public notice.

Vice Chair Lemont announced that the subcommittee on the Champlin’s Marina application had met 13 times and that the meeting scheduled for March 23rd had been cancelled. He assured that council that they will get together to schedule some meetings perhaps revise the house to get the matter behind us in some foreseeable future. He said he realized that it has taken a long time but there properly 1,500 pages of testimony at this point and more as the end nears. He said they will keep on working on it will try to schedule some more meetings to conclude this application.

4. Chair Tikoian read through the agenda to see which applicants/attorneys were present.

5. REQUEST FOR EXTENSION OF ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

2000-11-064 CITY OF NEWPORT/NEWPORT WATER DEPARTMENT – Drainage System upgrade. Ocean Avenue/Winans Avenue, Newport, RI.

Julia Forgue, Director of Public Works for the City of Newport was present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate noted that he had granted a one-year extension administratively and this was the first one-year extension before the full council. Chair Tikoian asked if the request for the extension was for one year. Mr. Fugate replied yes. Chair Tikoian asked if Ms. Forgue would like to make a comment on the application. Ms. Forgue replied no. Ms. Forgue noted that the City Council had just awarded the contract so the work would be beginning if the extension was granted as soon as the weather allows. Mr. Zarrella, seconded by Mr. Coia and Mr. Paolino moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

6. APPLICATIONS WHICH HAVE BEEN OUT TO NOTICE FOR 30 DAYS AND ARE BEFORE THE FULL COUNCIL FOR FINAL DECISION:

2003-12-061 MARION C. FILIPPI -- Construct and maintain a marina facility consisting of 305 linear feet of floating dockage (8 boat slips), dredge 2,600 cubic yards of sediment to be used as beach nourishment at “Ballards Beach”, and construct steel bulkhead (150 LF, total). Located in Old Harbor, Block Island Sound; plat 6, lot 159; Ballards Wharf, Water Street, New Shoreham, RI.

Chair Tikoian recused himself and left the meeting.
Vice Chair Lemont presided over the hearing.
Joseph DeAngelis, attorney for the applicant was present on behalf of the applicant, Kelly Sheridan, attorney for the objectors, Interstate Navigation Company, owner of the pier on Block Island, as well as the Block Island Ferry Services, LLC that runs the high-speed ferry service from New London to Block Island. Michael McElroy, attorney for the Interstate Navigation Company, d/b/a the Block Island Ferry, an objector. Donald Packer, attorney for the Town of New Shoreham was also present. Mr. Goldman stated that there were two (2) motions for a continuance one by Interstate Navigation Company and one by Interstate Navigation Company, d/b/a Block Island Ferry. Mr. Sheridan withdrew his motion for a continuance. Mr. McElroy explained that their engineer Bob Shook, who had been working on the application with him for over a year could not be present due to previous scheduled trip to Florida. Mr. McElroy requested that the application be continued because he did not have his engineer present to assist him in the cross-examination of the applicant’s engineer. Vice Chair Lemont asked if he was the sole practitioner. Mr. McElroy replied no. Vice Chair Lemont asked if he was with a firm. Mr. McElroy replied yes. Vice Chair Lemont stated that he was currently Chairman of the Block Island Champlin’s matter and noted that putting together all the parties has been extremely difficult because there is always someone who can’t make it for one reason or another. Vice Chair Lemont stated that in this case he felt Mr. McElroy’s engineer had sufficient notice and could have changed his schedule. Mr. Coia noted that in Mr. McElroy’s letter dated 3/22/05 he indicated that Paul Burgess would be present in place of Mr. Shoot and asked if that was still Mr. McElroy’s intent. Mr. McElroy replied yes, but noted that this was the first time he met Mr. Burgess and only had an hour and a half to work with him. Mr. McElroy felt he was the only one who could not get a continuance. Mr. McElroy felt this would prejudice his client if the application was not continued. Mr. McElroy also requested that the application be sent to a subcommittee. Mr. Goldman noted that Mr. McElroy had requested a previous continuance on the application when this matter was initially scheduled several months ago and felt Mr. McElroy’s statement was inaccurate as he had been granted a continuance in the past. Vice Chair Lemont called for a roll call on the motion for a continuance:

On the motion for the continuance:

Mr. Paolino No Mr. Balou No
Mr. Sahagian No Mr. Zarrella No
Mr. Coia No Vice Chair Lemont No
Mr. Abedon No

7 Affirmative 0 Negative 0 Absentation

The motion was denied.

Vice Chair Lemont addressed the issue of the motion to defer the application to a subcommittee. Mr. McElroy felt this was a contested matter and should go to a subcommittee. Mr. McElroy noted that there were potentially 15 to 20 witnesses and a lot of it was expert testimony on engineering, navigational and environmental matters. Mr. McElroy felt it was up to the Chair to sent the application to a subcommittee. Mr. DeAngelis disagreed with Mr. McElroy and felt that four (4) members of the council must refer the application to a subcommittee. Mr. DeAngelis did not feel that the objections were substantive and felt the application did not meet the requirements to send it to a subcommittee. Mr. DeAngelis stated that they wanted to meet the dredge window period. Vice Chair Lemont asked what the dredge period was. Mr. DeAngelis replied either May 15th or May 30th. Vice Chair Lemont noted that it was normally up to the Chair whether to send a matter to a subcommittee. Vice Chair Lemont stated that Chair Tikoian recused himself and felt he should not solely make the decision whether the application should be sent to a subcommittee. Mr. Goldman agreed and said he believed the Chairman left this issue up to the full council. Vice Chairman Lemont cautioned that those on the subcommittee on the Block Island Champlin’s application thought it would be a very short period of time but that they are into their 13th or 14th meeting. Vice Chair Lemont noted that from the record he did not feel this application had the magnitude of that issue. Mr. Balou replied that the dredge window period was April 15th to May 15th. Vice Chair Lemont asked if the application was granted if they could get the dredging done within the window period. Mr. DeAngelis replied they would try there best. Vice Chair Lemont called for a vote on whether the application should go to a subcommittee:

On the motion to defer the application to a subcommittee.

Mr. Paolino No Mr. Balou No
Mr. Sahagian No Mr. Zarrella No
Mr. Coia No Vice Chair Lemont No
Mr. Abedon No

7 Affirmative 0 Negative 0 Absentation

The motion was denied.

Mr. Goldman noted to the council that the two attorneys represented clients with the same name and wanted to clarify the record. Mr. Sheridan stated that he represents Interstate Navigation and Block Island Ferry Service that runs the Block Island Ferry highspeed ferry from New London and that Interstate Nav owns the pier out of Block Island and the Block Island Ferry. Mr. McElroy asked if the statements from the various captains will be marked and admitted into the administrative record or if they needed to bring every captain in to authenticate their letters. Mr. Goldman said he would read them into the record. Mr. Goulet gave council members a brief summary on the application. Mr. Goulet said the proposal is to construct a new marina to provide eight boat slips, which includes new sheet pile, steel sheet pile bulkhead about 150 feet, and 2,600 yards of hydraulic dredging which will be placed on the Ballard’s beach. He said there is about 205 l.f. of floating dock, some tie-off piles and one dolphin cluster at the channel end of the project. Mr. Goulet said their was a beach nourishment portion of the dredge material and DEM found that the material was suitable for beach nourishment and using the material would be beneficial. Vice Chair Lemont asked what the staff engineer’s recommendation was to the full council. Mr. Goulet replied staff deferred the application to the full council. Mr. Reis replied that his recommendation was that the council authorize the project but stipulate that no work be allowed until the mitigation proposal for the eelgrass removed by the dredging be satisfied by the six items he indicated in his report. Mr. DeAngelis gave council members an opening statement and explained the application. Mr. DeAngelis noted the dredge period window was April 15 – May 15. He said the proposal was to construct a 110’ floating dock and noted that residential docks are approved longer than 110’. Mr. DeAngelis said this was considered a marina because there were 8 boats on the dock. Mr. DeAngelis said they tried to resolve their differences but were unable to. Mr. DeAngelis noted that the application had been around for 2 years. He said they had been to DEM and was issued a water quality certification with eelgrass mitigation plan and would replace the eelgrass on a 2 to 1 basis on the eelgrass which would be removed during dredging. Mr. DeAngelis said the Army Corps had no objection to the application. Mr. DeAngelis said he had three witnesses, Mr. Cubic to talk on the project, Mr. Bourne, the applicant’s engineer and a witness on navigation. Mr. Sheridan noted that their principle objections were on the navigation and safety issues and felt that this would interfere with their riparian rights and have an impact on the ferry service. Mr. Sheridan also felt the application did not meet the variance criteria. Mr. Sheridan did not feel that the application was appropriate to be before the council as there were at least five (5) items not in the file that should be in the file. Mr. McElroy felt that Mr. Sheridan’s client was a seasonal ferry service and the Block Island Ferry was a lifeline to Block Island and ran 365 days a year. Mr. McElroy felt the harbor was overly congested. He said the winds impacted the ferry and navigation and this would impact the proposed marina. Mr. DeAngelis called Ken Cubic as a witness. Mr. Goldman pointed out that if Mr. DeAngelis put Mr. Cubic on as a witness that Mr. Paolino would have to recuse himself and that Mr. Zarrella had to leave, we would only have six members and would not have a quorum. Vice Chair Lemont explained to that due to the separation of powers legislation it makes things difficult on this council, which would have otherwise made up the quorum. Mr. DeAngelis wanted to keep Mr. Cubic as a witness as he has been a consultant on the project for the last two years. Vice Chair Lemont noted that as Mr. Gray arrived late on this application he could not vote. There was discussion to determine a new date for the hearing on this application. The date agreed on was March 29th. Mr. Fugate and Mr. Goulet noted that Mr. Goulet would be at a conference in Washington, DC on that day and unable to be present. It was agreed that the parties would depose Mr. Goulet prior to the meeting on March 29th meeting. The application was continued to March 29th at 5:00 p.m.

7. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned
at 6:59 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

CALENDAR INDEX