6. ENFORCEMENT CASE BEFORE THE COUNCIL FOR ORDER TO RESTORE:

2017-047 BUZ & CYNTHIA GARDINER – Restoration of unauthorized alteration of the buffer zone and wetland on your property located at Plat N-R, Lots 1229,1230, 120 Allagash Trail, Narragansett without benefit of a CRMC assent.

Mr. Willis explained that Attorney Michael Kelly requested a continuance to the above referenced Agenda item and that a continuance had been granted primarily due to circumstances of CRMC staff involved in the file. Mr. Willis stated that the item would be continued to September 25, 2018 as a Date Certain hearing.

Vice Chair Coia motioned to move the matter of 2017-047 to the September 25, 2018 meeting. Motion seconded by Mr. Gomez.

Motion carried on a unanimous voice vote.

7. PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE COASTAL RESOURCES MANAGEMENT PROGRAM:

Summary of Rulemaking Action:

The purpose of this proposed rule is to amend and consolidate the current Red Book [650-RICR-20-00- 1] with existing requirements and standards of the CRMC “Guidelines for the Development of Municipal Harbor Management Plans” [ERLID #5719] and incorporate desirable elements of the CRMC’s “Energy Amendments” [ERLID #1060]. The CRMC will concurrently repeal those rules [ERLIDs #1060 and 5719]. Additionally, a number of amendments are proposed.

Mr. Boyd briefed the Council regarding the rulemaking action stating that all state regulatory agencies were tasked by the Office of Regulatory Reform (ORR) to amend and consolidate regulations. Mr. Boyd explained that the Redbook had a major overhaul which included 55 amendments that the Policy and Procedures Subcommittee had approved as far back as May of last year. Mr. Boyd stated that as part of the revised Administrative Procedures Act, we are required to hold a public hearing in the middle of the 30-day comment period; accordingly, the comment period began on August 16, 2018 and will end on September 17, 2018. Mr. Boyd explained that the new process allowed for the Public to make online comments on a portal of the Secretary of State website. CRMC received one set of comments from Save The Bay (STB) which was sent to the Council members electronically. Mr. Boyd stated that he was in the process of analyzing the comments and met with STB and Mr. Fugate on Friday, August 31, 2018 to discuss the changes. STB has agreed to defer on some of the more substantive changes to another set of amendments to the Red Book where we can work out some issues. Mr. Boyd explained that when the public notice period ends on Monday, September 17, the staff report will be completed and a recommendation will be made to the Council to approve the changes. The Council will vote on the changes at the Tuesday, September 25, 2018 Semimonthly Meeting.

Mr. Fugate explained that the Council is not obligated to take public comment at the next meeting. Mr. Fugate clarified for the Council that what staff did was take several existing regulatory documents and integrated them into the Red Book, and the ORR has asked that we remove Findings from the Redbook and put them into an Appendices (guidance document). Mr. Fugate stated that CRMC staff has been discussing this with ORR as the Findings are given weight when in court cases.

Mr. Boyd explained that in his staff report, he would detail the four Planning and Procedures Subcommittee Meetings in which the subcommittee approved for rule making substantive amendments to the Red Book which are all embedded. Mr. Boyd explained that changes were made to the Aquaculture section that was agreed upon by CRMC and DEM and now we are consistent across the board on procedures. Mr. Boyd explained that nine high resolution orthophotography shoreline change maps were made for Block Island with the assistance of Bryan Oakley and Jon Boothroyd and approval by P & P Subcommittee. Mr. Boyd stated that also included is a Water Type Change for the Town of Bristol abutting the Roger Williams University shoreline.

Mr. Boyd explained that CRMC is fully compliant with the ORR in terms of getting all of our regulations filed before the end of August. By the end of this calendar year, every one of our regulations will be effective.
Chair Cervenka commended Mr. Boyd and CRMC staff members for this huge undertaking.

Mr. Fugate explained that NOAA may be scheduling a 312 review for RI this coming February and that some of the program changes may become an element within the review.

Mr. Fugate also commended Mr. Boyd for handling the codification of CRMC regulations essentially by himself and expressed his appreciation for Mr. Boyd’s personality and attention to detail that helped to complete this incredible task.

Attorney DeSisto stated that it would be appropriate for the Council members to ask questions now and explained that Mr. Boyd would not be available at the meeting on September 25, 2018 but that his staff report will be precise and complete.

Mr. Gomez asked if the 55 amendments proposed were vetted through the Policy and Procedures Subcommittee. Mr. Fugate and Mr. Boyd answered that all the changes had been discussed at the P&P meetings. Mr. Boyd stated that the highlighted areas explained why the change was made.

Chair Cervenka asked how many amendments were existing policies that are now part of the regulations. Mr. Fugate stated that about 90% were existing policies. Mr. Boyd explained that what they did was codify longstanding practice and existing policy or guidance so that it is read as and treated as a regulation.

Chair Cervenka asked about the Beach SAMP. Mr. Fugate stated that although it is still a guidance document, in some cases, required analysis will be part of an application; however, the owner will not be obligated to undertake the directives. It provides coastal property owners with information that will anticipate future conditions so that they can build to those future conditions.

Mr. Boyd explained that the addition of a new Section 1.1.6(I) – the coastal hazard application process – which implements the Beach SAMP guidance document adopted earlier this year.

Mr. Fugate stated that CRMC with help from the RI Builder’s Association, has online design elevation maps that reflects the current position using state of the art modelling.

Mr. Fugate stated that there is now an expanded Certified Verification Agent (CVA) requirement; it was very successful offshore and we have now brought it inshore to make sure that large scale land- based energy projects have a third party review that reports back to the Council ensuring compliance and that the project is meeting current industry standards. Mr. Boyd stated that requirement was explained in Section 1.3.1(H) and that it was approved by P&P on June 12th, 2018.

Chair Cervenka added that the consolidation and streamlining that was mandated by ORR was pursuant to legislative change to the Administrative Procedures Act passed in 2016.

Chair Cervenka thanked Mr. Boyd again for his hard work.

Chair Cervenka invited members of the public who would like to comment on proposed changes. There were none.

Vice Chair Coia motioned to close the Public Hearing; seconded by Mr. Gomez. The motion to close the public hearing was carried on a unanimous voice vote.

8. EXECUTIVE SESSION § 42-46-5(2) – Potential Litigation, Ocean SAMP

Motion to enter into Executive Session:
Motion: Vice Chair Coia
Second: Mr. Gomez

Roll call vote to enter Executive Session:

Mr. Gomez yes
Vice Chair Coia yes
Chair Cervenka yes
Ms. Montanaro yes
Mr. Gagnon yes
Ms. Collie yes

Motion to enter Executive Session carried on a unanimous roll call vote.

No action was requested and no votes were taken.

Move to close Executive Session at 7:01:
Motion: Vice Chair Coia
Second: Mr. Gomez
Motion carried on a unanimous voice vote.

Motion to seal the minutes:
Motion: Vice Chair Coia
Second: Mr. Gagnon
Motion carried on a unanimous voice vote.