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, July 19, 2005 at 5:00 p.m. at the office of Piccerelli Gilstein & Co., 144 Westminster, Providence, RI.

MINUTES

MEMBERS PRESENT
Michael Tikoian, Chairman
Paul E. Lemont, Vice Chair

STAFF PRESENT
Grover Fugate, CRMC Executive Director
Jeff Willis, Deputy Director
Brian Goldman, Legal Counsel

OTHERS PRESENT
Heidi Travers, DEM
Larry Mouradjian, DEM
Steve Hall, DEM
Mr. Rose

Call to Order.  Mr. Tikoian called the meeting to order at 5:00 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.

Item 4.A.  East Greenwich Quadrangle Water Type Changes.  G. Fugate explained how the Council received a request from the East Greenwich town manager to move the Type 1 water delineation line at the town sewage treatment property in Greenwich Cove to accommodate an existing use of the town dock.  There are no staff objections.  The subcommittee directed G. Fugate to seek a resolution from the Town Council seeking same prior to undertaking rulemaking on the revised water type delineation request.

Item 4.B.  Section 300.9: Dredging and Dredged Material Disposal.  G. Fugate and J. Willis explained the proposed revisions to section 300.9, in as they are changes being proposed for consistency with DEM’s dredging program, and account for changes in the section that address uses and management of the CAD cell disposals.  The subcommittee discussed the proposed revisions and made further changes.

Mr. Lemont, seconded by Mr. Tikoian, moved to approve the proposed revisions as further revised by the subcommittee.   All voted in favor of the motion.

Item 5.A.  Aquaculture – Revocation ofLeases.  Not discussed.

Item 5.B.  Lighthouse Ownership Transfers/General Services Administration – Leases.  G. Fugate explained how the GSA sought CRMC involvement in the transfer of lighthouses to private ownership, thus requiring the development of a lease agreement.  B. Goldman reviewed said lease and offered revisions which were incorporated.  Staff was directed to investigate appropriate annual lease fees, as these properties will become privately-held but located on the state’s submerged lands, a public trust resource, and therefore will be required to submit annual submerged lands lease fees to the Council.

Item 5. C.  Beach Vehicle Access/Sapowet Management Area.  J. Willis introduced Larry Mouradjian, Acting Assistant Director, DEM and Steve Hall, Chief of Enforcement, DEM, who further explained an issue with vehicles accessing the beach area at the DEM Sapowet Management area, a barrier subject to the Council’s jurisdiction. Also allowed to participate was a Mr. Rose, an adjacent property owner to the Sapowet Management Area, whose concern was that vehicles are driving on the cobble barrier beyond management area boundaries and onto his property, despite a line of boulders that are in place to discourage such activity.  The line of boulders does not extend enough towards the water to stop vehicles from driving around them and pass through remaining state property and onto Mr. Rose’s.  Mr. Rose would like to stop vehicles from trespassing.  DEM agrees with this but has no problem with vehicles using the additional portion of the management area that lies beyond the line of rocks and runs to Mr. Rose’s property.  The subcommittee discussed various options with the DEM representatives and ultimately directed staff to (a) visit the site and investigate the possibility of placing additional boulders in the existing line such that vehicles cannot navigate around them and travel to Mr. Rose’s property; and (b) meet with the towns of Tiverton and Little Compton, including their police departments, and discuss the options of having each town issue beach vehicle permits; enforce CRMC regulations re: beach vehicle regulations; and, collect fines as a result of said enforcement.

Item 5.D.  Low and Moderate Housing Act RIGL 45-53.  J. Willis explained that DOA has developed new regulations to implement legislation on how agencies are to handle all applications for low and moderate housing projects.  For regulatory agencies such as the Council, permit expediting is expected.  Staff was directed to develop a program change to the Management Procedures that reflects this.

Item 6.A.  DEM Comments to the Greenwich Bay SAMP.  J. Willis explained how the Council has and can incorporate the comments provided by DEM regarding the recently-adopted Greenwich Bay SAMP.  Heidi Travers, DEM, explained the genesis and concerns behind many of the DEM comments.  Many of said comments have been addressed, while many others are editorial.  Both of these categories of comments will be reviewed by staff at CRMC and DEM such that they can be brought back to the subcommittee for approval as program changes.  The remaining set of DEM comments is under review by Council staff, who will work with Ms. Travers to seek a resolution as possible revisions.

Items 7.A Metro Bay SAMP and 7.B Greenwich Bay SAMP.  Not discussed.

ADJOURN.  Mr. Lemont, seconded by Mr. Tikoian, moved to adjourn.  All voted in favor of the motion, and the subcommittee adjourned at 6:22 p.m.

Respectfully submitted July 20, 2005 by

Jeffrey M. Willis

Deputy Director

CALENDAR INDEX