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 20, 2005 at 5 p.m. at the office of Piccerelli Gilstein & Co., 144 Westminster St., Providence, RI.

MEMBERS PRESENT
Michael M. Tikoian, Chairman
Paul Lemont, Vice Chair
Dave Abedon
Michael Sullivan, DEM Director

STAFF PRESENT
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Laura Ricketson, Public Education & Information Coordinator
Dave Alves, Aquaculture Coordinator
Brian Goldman, Legal Counsel

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 September 20, 2005.

Mr. Lemont, seconded by Mr. Abedon, moved to approved the September 20, 2005 meeting minutes.   All voted in favor of the motion.

Item 3.A.  Section 300.4 - Outhauls.  G. Fugate and J. Willis presented and explained the issue of outhauls and municipal efforts to regulate these activities through ordinance.  G. Fugate explained how these activities are structures in tidal waters and that the state (i.e.: the Council) has regulatory control over them.  J. Willis explained how local management (i.e.: harbormasters) appears to be a good avenue for the day-to-day supervision of these activities. Discussion ensued as to the jurisdictional issue as well as how best to have these activities regulated.  The subcommittee agreed that the Council is required to regulate these activities.  The subcommittee discussed the proposed language as presented and asked staff to come back at the next meeting with language that better demonstrated the Council’s authority while devising a process for the municipal implementation of outhaul management.

Additionally, the subcommittee directed staff to issue letters to the municipalities regarding this issue – that is, if issuing permits for outhauls, cease such actions; state that outhauls are structures in state waters and subject to state regulatory control; and, explain that the Council is considering the development of regulations that may allow for municipal implementation of outhaul management.

Item 3.B. Salt Pond/Narrow River SAMPs – Section 920.1.A.2 and B.2.   J. Willis stated that these sections of the respective SAMPs were put to rule-making by the Council and subsequently remanded back to staff by the Council.  B. Goldman further explained that since these sections as proposed for rule-making were to address how the Council was to view applications for affordable housing, he felt that the proposed language needed to better comply with recent rulings on such.  B. Goldman explained the State Housing Appeals Board definition of substantially complete for these type of activities when submitting an application for review, and offered language that attempts to better express what the Council seeks to do with these types of activities/applications.  The subcommittee discussed the new proposed language.  B. Goldman explained that because the proposed language was substantially revised from the initial proposal that was previously advertised for rule-making, should the subcommittee approve these changes, rule-making should begin as if new.

Mr. Sullivan seconded by Mr. Abedon moved to approve the proposed language presented by B. Goldman.  All voted in favor of the motion.

Item 4.A. Section 4.3.2 – Schedule of Fees; Brownfield Sites.   G. Fugate explained that given the costs of remediation to sites determined to be Brownfield sites by DEM regulations, and that most of these sites occur within the Upper Bay and will fall under the revised Metro Bay (nee Providence Harbor) SAMP policies for redevelopment, that a base application fee might be a better solution to address economic development of these sites, rather than employ an EPC-based application fee schedule.

Mr. Abedon seconded by Mr. Lemont moved to approve the proposed language.  All voted in favor of the motion.

Item 4.C. Section 110.1 – Category A Applications.  J. Willis explained that staff is seeking to simply add language to the referenced section that points readers and potential applicants to all sections of the Council’s management programs when it comes to addressing buffer zone and setback requirements.

Mr. Abedon seconded by Mr. Lemont moved to approve the proposed language.  All voted in favor of the motion.

Item 4.D. Section 300.11 – Aquaculture.  D. Alves presented the issues and intent of the proposed changes.  Specifically, the section was being revised to address freshwater aquaculture issues and requirements and as proposed the sections were clarified to state such.  Mr. Sullivan suggested specific revisions as it pertained to DEM procedures and/or representation, to which the subcommittee agreed.

Mr. Sullivan seconded by Mr. Abedon moved to approve the proposed language, as revised by the subcommittee.  All voted in favor of the motion.

Item 4.E. Section 300.5 – Floating Businesses.  G. Fugate explained that with floating businesses there is a potential for activities to be proposed that may not be water dependent and therefore conflict with the Council’s policies for various water type designations.  Additionally, such activities should be assessed a lease for occupying the waters of the state, as these activities could occupy state land areas (i.e.: tidal water and submerged lands) with having no “land” costs associated with the business.  The subcommittee discussed and raised the issue of other activities being assessed an lease for such occupation, as well the potential for having any such lease monies be deposited into a restricted account.  The subcommittee replaced in B.3 of the proposed language the word “comparable” with “fair market value.”

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

Item 5.A.  Bristol Harbor Management Plan.  J. Willis explained the Bristol HMP has been submitted to the Council for approval.  Outstanding issues associated with the HMP have been addressed and revised by the municipality and that the staff will seek to have the HMP placed on a Council semi-monthly agenda.

Item 5.B.  Clean Marina Program.  J. Willis presented an update and status report on the progress of the Clean Marina Program, in that a checklist of BMPs has been developed that will be used to help certify a marina as a Clean Marina, and said checklist is being “groundtruthed” by approximately one dozen marinas prior to implementing its use.

Item 7.A  Staff Reports

Metro Bay SAMP – As a follow-up to last meeting’s report, G. Fugate reported that the buffer policy continues to be developed and staff will be holding a workshop on the policy on 12/19.  Upcoming workshops include meeting with the environmental community and the consulting community.

As previously stated, it is the intention of G. Fugate to meet with various user groups to explain the policy and receive comments on improving it.

Given the time needed to meet with these various groups, G. Fugate said he has to revise previous hopes to bring the finished policy to P&P in late December; the schedule for completion will probably follow a late winter/early spring timeline for Council approval.

ADJOURN.  Mr. Abedon seconded by Mr. Lemont moved to adjourn at 6:33 p.m.  All voted in favor of the motion.

Respectfully submitted January 17, 2005 by

Jeffrey M. Willis

Deputy Director

 

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