In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 27, 2018 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Jerry Sahagian
Joy Montanaro
Trish Reynolds
Mike Hudner
Michelle Collie
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
David Reis, Spv Environmental Scientist
David Beutel, Aquaculture Coordinator
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
John Longo, Deputy Legal Counsel

 

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes:

• November 13, 2018
  • Motion: Vice Chair Coia
  • Second: Mr. Gomez
  • Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate reported on the following:

• None

5. DECISION REGARDING POTENTIAL AMENDED AGREEMENT BETWEEN CRMC AND VINEYARD WIND TO STAY CRMC COASTAL ZONE MANAGEMENT ACT CONSISTENCY REVIEW

Chair Cervenka addressed the room and explained that a request was received by Vineyard Wind (VW) on November *19, 2018 asking for an amended agreement with the CRMC to stay the consistency review. Chair Cervenka further explained that at the CRMC Semimonthly Meeting of November 13th, 2018, the Council had denied Vineyard Wind’s initial request of November 9, 2018 to stay the CRMC’s consistency review period, with asking for Vineyard wind to show a good faith effort in working with the Rhode Island fishing industry.

Attorney Dean Wagner spoke on behalf of Vineyard Wind. Mr. Wagner explained what Vineyard Wind requested in their November 21st, 2018 request to stay.

Mr. Wagner explained the areas of ongoing negotiations:

Turbine Layout

VW has recently modified their layout to accommodate the fishing industry by proposing larger turbines, thus necessitating fewer in the field

Mitigation and compensation to Fishing Community

At the Fishermen’s Advisory Board (FAB) meeting of Monday, November 19, 2018, it was evident that the FAB members were not open to VW layout but may be open to compensation which is within the Ocean SAMP regulations as requirements for consistency determination.

Attorney DeSisto asked Mr. Wagner to confine his remarks to what is relevant to the request to grant the CRMC/VW Stay Agreement.

Mr. Wagner finished by stating that Vineyard Wind committed to making the fishermen whole, as required by the Ocean SAMP, and we would like an opportunity to have further discussions along those lines of mitigation.
There were no questions for Mr. Wagner from the Council at this time.
Mr. Wagner’s Letter was made part of the record.

As requested by Chair Cervenka, Attorney DeSisto outlined the parameters of the discussion and that comments should be confined to Section 1 of the Agenda which was the potential for an extension of the Stay Agreement between Vineyard Wind and CRMC.

Christopher Brown, Commercial Fisherman and member of the Fishermen’s Advisory Board (FAB), addressed the Council stating that the FAB was not in support of granting the stay. Mr. Brown explained that the FAB has been meeting with VW for 14 months and the layout is still the same which would impact the safety and livelihood of RI Fishing Industry. Mr. Brown emphasized that fishing in this area has been going on for more than 300 years and asked that it remain so.

Katie Almeida of Town Dock spoke about the effect the wind farm’s layout would have on her business. Ms. Almeida explained that the RI fishing industry was told that they would have a say in the turbine layout but they were not consulted. Ms. Almeida explained that the experience with VW had been a very different process than the outreach extended from Deepwater Wind two years ago.

Brian Thibeault, Commercial Fisherman and member of the FAB, began by saying that he was not in favor of the Council approving Vineyard’s Wind request to extend their stay agreement. Mr. Thibeault expressed his frustration stating that negotiations have been ongoing but that the RI fishing industry and Vineyard Wind are at an impasse as the compromised layout pattern for the wind farm does not meet the needs of the fishermen who have historically been using that fishing area. Mr. Thibeault stated that if VW goes ahead with the current layout they are proposing, the area will become a no fishing zone for RI fishing industry.

Lanny Dellinger, Chair of the Fishermen’s Advisory Board addressed the Council stating that he agreed with comments that had been previously given. Mr. Dellinger stated that by agreeing to extend the stay, RI fisheries case would be weakened. Mr. Dellinger was concerned that the stay would allow for BOEM to release their Environmental Impact Statement which will also weaken the RI fisheries case. Mr. Dellinger impressed upon the Council that the wind farm location is in very valuable fishing grounds, and that if not laid out properly, RI fisheries will become collateral damage. Mr. Dellinger expressed concern about the potential size of the proposed wind farms off our coast and asked that the review of the first farm be done in such a way as to not create precedence for the next wind farm.

Meghan Lapp, fisheries liaison for SeaFreeze RI with facilities is North Kingstown and Pt Judith, expressed her concern for the loss of RI fishing industry due to long term impacts such as the permanent loss of product and harvest area. Regardless of the farm layout, the vessels will not be able to transit the area due to the closeness of the turbines, she stated. Ms. Lapp reminded the Council that it took more than five years to develop Deepwater Wind’s five turbines and the CRMC’s Ocean SAMP process was touted as a great accomplishment and mode for the next wind farms. Ms. Lapp asked that the request to extend the stay be denied.

Al Eagles, Commercial Fisherman for 46 years, expressed his concern over the safety issues that would arise due to the layout and closeness of turbines. Mr. Eagles stated that navigating through the turbines would be very dangerous for fishing boats with equipment. Mr. Eagles asked the Council not to approve the request to extend the stay.

Todd Sutton, Commercial Fisherman, asked the Council to consider the fishing industry and the countless hours of trying to negotiate and that VW was not listening to their concerns and suggestions. Mr. Sutton also asked for better science and surveys. Mr. Sutton explained that he voted for Governor Raimondo because she said that she would back the RI fishing industry and that he hopes she keeps her word.

Lars Pedersen, CEO of Vineyard Wind, addressed the Council stating that VW was committed to working with the fishing industry to find solutions that would benefit all parties.

Paul Beaudette, concerned citizen, stated that he had been listening to the fishermen and the FAB and that the Council is challenged with the process that they have created over the years with the wind farm. Mr. Beaudette reminded the Council that they had set up the perfect model of how to proceed and that they have the ability to enforce that model. Mr. Beaudette reminded the Council of the Block Island Wind Farm process and where DWW and the RI Fishing industry worked through their concerns to the benefit of all parties. Mr. Beaudette asked, if the Council stops the conversation now, what will happen with future wind farm reviews? Mr. Beaudette stated that the process outlines in the Ocean SAMP is an asset for the forward movement of the offshore wind industry if followed. Mr. Beaudette did not say that he was in favor of the stay but acknowledged that if the stay is denied then the discussions end. Mr. Beaudette asked the Council to stand by the process that they created and is known to work.

No further comments were heard.

The Chair stated she would entertain a motion.

Vice Chair Coia began his motion saying, for purposes of discussion and for the reasons below, he would motion for the granting of the stay.

knowing that there is a lot to discuss in a project of this magnitude;

noting that, following the directive from the previous full Council meeting with Vineyard Wind, the discussions from all parties were increased.

Mr. Hudner seconded Mr. Coia’s motion.

Chair Cervenka stated that she would support the motion to grant the stay but with amendments and conditions:

Vineyard Wind would submit a weekly status report to CRMC detailing its negotiations with fisheries, RI officials and CRMC staff as they have in their November 19, 2018 report. The report should be submitted to CRMC by close of business each Monday from the time the stay is granted through the end.

The stay would be granted without prejudice of ultimate determination

Vice Chair Coia agreed to the amendment and incorporated that into his motion.

Mr. Fugate confirmed for Mr. Gagnon that the review determination would be before the Council at the January 28, 2019 meeting

Attorney DeSisto stated that they needed a motion to amend the motion.

Vice Chair Coia motioned to amend his motion, seconded by Mr. Hudner.

Motion to amend Vice Chair Coia’s original motion was approved on a unanimous voice vote.

Call of vote of motion as amended with two conditions.

Motion carried with Mr. Gomez in opposition.

Chair Cervenka stated that Vineyard Wind officials could look at a prepared amended agreement that can be executed tonight or it can be done electronically later in the week.

6. RATIFY CONSISTENCY DECISION FOR VINEYARD WIND COASTAL ZONE MANAGEMENT ACT CONSISTENCY CERTIFICATION – 2018-04-055

Chair Cervenka stated that this agenda item became moot with the approval of the Stay Agreement. This will not go forward until on or before January 22, 2019 depending on the conditions of the stay being met.

7. ADJOURN

Motion to Adjourn:
Motion: Vice Chair Coia
Second: Mr. Gomez
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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