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 16, 2007 at 5:00 p.m. at Piccerelli Gilstein & Co., 144 Westminster Street, Providence, RI.

MEMBERS PRESENT

Michael M. Tikoian, Chair
Paul E. Lemont, Vice Chair
Bruce Dawson

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Jeff Willis, Deputy Director
Laura Ricketson, Public Education & Outreach Coordinator
Brian Goldman, Legal Counsel

Call to Order. Mr. Tikoian called the meeting to order at 5:13 p.m.

Hearing no objection, Mr. Tikoian asked the subcommittee to dispense with the reading of the usual opening statements, but to have them reflected within the record nonetheless:

Mr. Tikoian made 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 made a statement as to why the subcommittee meetings are held at his offices, Piccerilli Gilstein & Company. Mr. Tikoian stated that the meetings are held at Piccerilli Gilstein & Company to facilitate a number of issues: ease of transition from the previous location (CRMC’s Providence office at 40 Fountain Street) which had to be changed because the Council’s downtown office was closed due to budget cuts; accommodation of subcommittee members whose work locations and/or residences are in or near to Providence; and, it’s cost to the agency: free. Mr. Lemont reiterated the fact that the accommodation of members is a key issue for participation in any work of the Council; and, the wear and tear on personal vehicles is high enough and that by holding the meetings in Providence, costs can be kept to a minimum. Also, Mr. Lemont wanted the record to reflect that the Chairman should be congratulated for letting the subcommittee use his company’s office space for these meetings because it addresses the many concerns raised above.

Mr. Tikoian asked for a motion to approve the subcommittee’s November 21, 2006 meeting minutes.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the November 21, 2006 meeting minutes.
All voted in favor of the motion.

Mr. Tikoian asked that the record reflect that the doors to the building remained accessible as of 5:20pm.

Item 4.A – Section 140 and Shoreline Change Maps. G. Fugate presented the shoreline change maps that the Council has received as a product of NOAA-funded work by Job Boothroyd, URI Geology professor and State Geologist. These maps show the rates of erosion/accretion along sectors of the shoreline from Pt. Judith to Little Compton. The erosion rates as found on the maps would be used by staff to help calculate structure setbacks from coastal features. The proposed revisions in Section 140 as presented by G. Fugate also address this use, as these maps/erosion rates and the revisions to Section 140 go hand-in-hand. Because
of this, Table 2 is no longer needed, as the Council will now have erosion rates for the entire shoreline of the state. Mr. Lemont asked how staff would use these maps and erosion rates. G. Fugate replied by using an erosion rate and applying it to the language of Section 140 to derive the appropriate setback. B. Goldman stated that these rates of change are important tools in implementing the Council’s setback policies. Mr. Dawson asked about the generation of data and its upkeep. G. Fugate explained that the data was derived using three sets of aerial photography – 1939, 1985, and 2003/4 – to determine average rates of change. The maps were then developed using GIS. All data resides at RIGIS and any new data that is developed would need to meet RIGIS requirements.

Mr. Lemont seconded by Mr. Dawson moved to approve as written the revisions to Section 140 and to accept the Shoreline Change Maps from Pt. Judith to Little Compton as a program element. All voted in favor of the motion.

Item 4.B – Table 1B – Review Categories for Inland Activities (Section 320 and Section 325). G. Fugate explained that SAMPs recognize and sometimes recommend that certain areas within a SAMP may be suitable for sewer or sewer line extensions and that said recognition recommendations this to occur. The revisions to Table 1B are to account for this and be consistent when a SAMP makes such a recommendation.

Mr. Lemont, seconded by Mr. Dawson, moved to approve the proposed changes. All voted in favorof the motion.

Item 5.A – Certification of Residential Dock and Marina Construction. G. Fugate explained that there may be a need to have a dock or marina construction project be certified as have been built according to the approved design. It has come to the attention of staff that dock designers (ie: engineers) are being told by their insurance companies not to be on location when a dock that they designed is being built because this can lead to issues over who is responsible for the ill-sited dock if the dock is not built in accordance with designs – the designer or the builder - and apparently the insurance binder that the engineers’ have doesn’t cover these sort of issues.

The subcommittee collectively felt that since the dock sits on public land (ie: below MHW) there should be some sort of control over properly constructing these activities as approved. Except for dredged material disposal into the CAD cells, G. Fugate explained that we do not have such a process in place. Mr. Dawson asked how we could go about creating a certification program. G. Fugate offered an explanation wherein we would develop a certification program that ensured that docks are built according to plan. Mr. Dawson stated that getting the dock properly sited was the most important issue. Mr. Tikoian suggested that we should not issue a dock registration plate until the dock is checked for compliance. Mr. Lemont stated that maybe the onus to certify should be the state’s and not the engineer. G. Fugate stated that the onus should be on the engineer/designer as they have been in the field and understand first hand the issues that led to the location of the dock being chosen. Mr. Tikoian asked about submitting legislation to address the issue. B. Goldman stated that that authority already lies with the Council. He also stated that he sees this issue – that of not-properly sited docks – at enforcement hearings. G. Fugate stated that he would continue to have staff explore the development of such a program for future consideration by the subcommittee.

Item 5.B – Residential Lot Sizes v. structure size; and Item 5.C – Staff Report Recommendations. Both of these items were held for discussion at the February meeting, as Mr. Tikoian stated that he would like to have as much staff as possible discuss these issues with the subcommittee. Mr. Tikoian briefly introduced the issue of the staff report recommendations to the subcommittee, wherein staff would like to offer three types of recommendations – no objection; defer to the Council; and denial. The positions for each will be presented by staff at the next meeting for discussion by the subcommittee. Mr. Tikoian asked the subcommittee if they would be amenable to hold the February subcommittee at the Council’s Wakefield office during business hours to accommodate staff. All agreed. Mr. Tikoian thanked the subcommittee members for their accommodation.

Item 5.D – Clean Marina Program. J. Willis presented the Clean Marina Program to the subcommittee from its development with the marine trades association, DEM, EPA and Save the Bay, to the public workshops held by staff to introduce it to the marina operators around the state. The Clean Marina Program is a voluntary non-regulatory program designed to have marinas mitigate for non-point sources of pollution at their facilities by employing Best Management Practices. Staff is asking that the Council formally adopt the program.

Mr. Lemont, seconded by Mr. Dawson, moved to approve and send the Clean Marina Program to the full Council for adoption. All voted in favor of the motion.

Item 7. Staff Reports. G. Fugate and J. Willis presented various and brief updates on the following:
- the Council’s Urban Coastal Greenways Design Manual is almost complete and will be made
available to the subcommittee shortly;
- OCRM is seeking from the states various success stories, and G. Fugate has offered, among
others, the Council’s Urban Coastal Greenways;
- Staff continues to address the compensation issue of the UCG;
- the coastal habitat Trust Fund program has recommended projects to be funded by the Council
and that those recommendations will be at the full council later this month;
- B. Goldman stated that staff is beginning its training on legal issues and presentations;

Prior to asking for a motion to adjourn, Mr. Tikoian asked the subcommittee to think about what type of training new council members should undertake when appointed to the Council.

ADJOURNMENT. Mr. Dawson, seconded by Mr. Lemont, moved to adjourn. All voted in favor of the motion, and the meeting was adjourned at 6:40 p.m.

Respectfully submitted by
Jeffrey M. Willis
Deputy Director

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