In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, April 14, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

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

Members Excused
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
Jim Boyd, Coastal Policy Analyst
Caitlin Chaffee, Meeting Moderator
Laura Dwyer Public Relations Coordinator
Anthony DeSisto, Legal Counsel
Rebecca Forte, Stenographer
Lisa Turner, Office Manager, Recording Secretary

1. CALL TO ORDER

Chair Cervenka called the virtual Zoom meeting to order at 6:00 p.m. and identified the participants. Chair stated the meeting will be recorded.

2. Caitlin Chaffee, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes for the March 10, 2020 meeting:

• Motion: Vice Chair Coia
• Second: Donald Gomez

Voice vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gagnon Aye
Ms. Montanaro Abstain
Mr. Gomez Aye
Mr. Sahagian Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Ms. Montanaro was excused from the March 10, 2020 meeting.

Motion to approve minutes of March 10, 2020 meeting was approved.

3. SUBCOMMITTEE REPORTS

Mr. Willis updated the Council on the Raso Subcommittee meetings explaining to the Council members that the COVID 19 precautions have made it necessary to delay the subcommittee meeting and that a new date would be determined as soon as precautionary mandates were lifted.

5. STAFF REPORTS

Mr. Fugate reported to the Council the following:

Many staff members have been teleworking due to the social distancing mandate as well as the Stay in Place mandate. Also staff members continuing to work from the office; on an average of 8 consistently with a few more coming in when necessary. Mr. Fugate confirmed that the staff of CRMC were still engaging in meetings and the office was functioning well.

Chair Cervenka asked about assent application receipt. Ms. Turner explained that applications were being received electronically as well as by USPS on an average of about 10 per day.

Chair Cervenka asked about the Council Members getting tablets. Mr. Willis confirmed that tablets were order for Council Members but that there was a delay in receiving them due to the Covid-19 precautions.

5. COUNCIL DECISION ON PROPOSED RULE MAKING: 650-RICR-20-00-1:

The CRMC proposes to amend the Red Book shoreline protection section, § 1.3.1(G), in its entirety to provide coastal property owners with alternative nonstructural and hybrid shoreline protection options, and to supplement existing structural shoreline protection provisions within the section. The amendments include new and modified definitions in § 1.1.2(A) associated with shoreline protection. There are additional amendments throughout other sections of the Red Book to simplify existing language, delete superfluous text, provide better clarity and specificity regarding policies and standards, and other proposed changes to correct text and citations as summarized below.

Brief summary of proposed amendments to 650-RICR-20-00-1:

1. Amend § 1.1.2(A)(3) to simplify the definition of "agriculture" consistent with state law;
2. Delete § 1.1.2(A)(8) as definition of "anadromous" is not needed;
3. Amend § 1.1.2(A)(62) to clarify the definition of "filling" to include any source of materials;
4. Add new § 1.1.2(A)(74) for definition of hybrid shoreline protection;
5. Add new § 1.1.2(A)(81) for definition of longshore current;
6. Amend renumbered § 1.1.2(A)(83) to modify definition of maintenance of structures;
7. Amend renumbered § 1.1.2(A)(84) to simplify the definition of "manmade shoreline" to include permitted or unauthorized alterations;
8. Add new § 1.1.2(A)(96) for "native plants" or "native vegetation";
9. Add new § 1.1.2(A)(97) for "nonstructural shoreline protection";
10. Amend renumbered § 1.1.2(A)(131) to further define "riprap" to exclude concrete debris and include a maximum slope when used to create a revetment.
11. Amend renumbered § 1.1.2(A)(138) to further define what constitutes a "seawall" and to include gabions as an acceptable construction element.
12. Amend renumbered § 1.1.2(A)(155) to redefine structural shoreline protection and include toe protection.
13. Amend § 1.1.3(A)(5) to further specify exemption consistent with state law;
14. Add new § 1.1.3(C)(5) to specify that applicants need to obtain all other permits unless preempted by federal law or the Council waives the requirement (this is an existing requirement within this Part);
15. Amend § 1.1.3(D)(2) to delete unnecessary text;
16. Amend § 1.1.5(A) water type matrix for Type 2 waters changing from "B" to "P" for "structural shoreline protection" consistent with existing prohibition for alterations to beaches adjacent to Type 1 and 2 waters in § 1.2.2(A)(2)(c);
17. Amend § 1.1.5(D) to specify that existing Figure1 depicts the 2011 geographic location description (GLD);
18. Amend §§ 1.1.6(E)(2), (3) and (4) to specify that the Executive Director determines, rather than verifies, whether variance criteria have been met and variances are required, not desired by applicants;
19. Amend § 1.1.6(F)(2) to add more specificity for public notice requirements;
20. Amend § 1.1.6(I)(2)(d) to further specify the coastal hazard analysis threshold for expansions within a minimum setback;
21. Amend § 1.1.7(A) to simplify variance requirement language;
22. Amend § 1.1.8(A)(1)(b) to specify that a water-dependent activity or use, which serves a compelling public purpose may qualify for a special exception;
23. Amend § 1.1.8(B) to specify that the Council issue a written decision for special exceptions;
24. Amend § 1.1.9(B)(1) to specify that water dependent uses as well as activities may be exempted from setback requirements;
25. Add new § 1.1.9(B)(6) to require setbacks consistent with § 1.3.1(G)(1)(e);
26. Amend § 1.1.13(C) to limit criteria for hearing officer consideration in determining administrative penalties;
27. Amend § 1.1.14 (B)(1) to specify that only the Executive Director may grant an emergency assent in certain circumstances;
28. Amend § 1.1.14 (B)(2) to specify that finds shall be documented and made available as a public record;
29. Amend§1.1.14(C)(3)tospecifythattemporarymoratoriumsbechangedfrom30to90 days, and extension as warranted, to allow sufficient time for damage assessments;
30. Amend § 1.1.14 (C)(4) for technical correction to language;
31. Amend § 1.2.2(A)(1)(d)(13) to specify that every vehicle operated on a beach be four-wheel drive;
32. Amend §§ 1.2.2(C)(2)(b), (c) and (e) to correct for citation errors;
33. Amend § 1.2.2(F)(1)(a) to include the fact that manmade shorelines prevent the migration of coastal habitats;
34. Amend §§ 1.3.1(D)(11) and (12) to relocate existing Table 8 (minimum design standards) for residential docks into the proper subsection;
35. Amend§§1.3.1(F)(4)(b),(f),(h),(j),(l)and(m)tocorrectforproperreferencestostate stormwater management rules and guidance;
36. Amend § 1.3.1(G) in its entirety to add new policies, prerequisites, prohibitions and standards for new options for alternative hybrid and non-structural shoreline protection measures;
37. Amend § 1.3.1(H)(3)(a) to delete superfluous text and reference certified verification agent definition within the Part;
38. Amend § 1.3.1(J)(1)(e) to add specificity to variance requirement;
39. Amend § 1.3.1(K)(5)(a)(1) to include removal of gear in cases of aquaculture permit revocation or termination;
40. Amend § 1.3.1(P)(4)(a) to specify that boat/float lifts can only be authorized as an accessory structure to a fixed pier or bulkhead and to increase the minimum elevation standard from 3 to 5 feet above the high tide level;
41. Amend § 1.3.2(A)(2) to delete the term "anadromous" so that fish runs apply to all diadromous species; and
42. Other minor technical corrections as shown within the track changes.

Mr. Boyd gave a brief review of the amendments. Mr. Boyd mentioned that the amendments were put out to public notice and the Council held a public hearing at the Council’s Semimonthly meeting of February 25, 2020. Mr. Boyd stated for the record that no testimony was offered during that public hearing.

Mr. Boyd informed the Council that two sets of comments were received prior to the February 25th public hearing and were in the Council Agenda Packet; one from Robert Ballou, RIDEM and one from Kendra Beaver, Save The Bay. Mr. Boyd wrote a Staff Memorandum to the Council explaining minor revisions to the amendments in response to the public comments that were received.

Mr. Boyd explained that the vast majority of the proposed changes were to the Shoreline Protection section of Redbook to provide additional options for applicants regarding shoreline protection.

Mr. Boyd stated that CRMC staff was recommending approval as noticed and as revised.
Chair Cervenka asked for questions from Council and no questions were heard.

Chair Cervenka stated that the Council had reviewed and discussed the redbook changes as well as having had a public hearing and agreed that the revisions based on public comment seemed minor in scope. Chair Cervenka thanked staff for their work on the rule making and asked for a motion.

Mr. Gomez addressed the Council stating that he is a member of P&P subcommittee and he was present for the discussions and development of the revisions. Mr. Gomez also agreed that the revision made due to public comment were minor and in keeping with the previous discussions of the subcommittee. Mr. Gomez motioned for approval of the changes to the Redbook. Mr. Sahagian seconded the motion to approve.

There was no discussion on the motion. Chair Cervenka asked for a roll call vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Proposed rules are approved.

6. SUCCESSION PLANNING

Discussion and action on the appointment of Deputy Director Jeffrey Willis as Acting Executive Director upon the retirement of Executive Director Grover Fugate.

Chair Cervenka opened the discussion stating that the Executive Director Position posting was distributed to replace Mr. Fugate who is sadly retiring after 34 years in the position and that Mr. Fugate will be leaving the Agency is a very good position. Chair Cervenka stated that during the replacement process, while we engage in the search for a new Executive Director, the CRMC needs an Acting Executive Director who can assume the responsibilities.

Chair Cervenka stated that the proposal is for this Council to appoint Jeffrey Willis, CRMC’s current Deputy Director to fill that interim Executive Director role on June 1, 2020. Chair Cervenka stated that Mr. Willis would also fulfill his Deputy Director responsibilities as well. Chair Cervenka stated that Mr. Willis was the appropriate person to take on the Interim position as he has been the right hand man to the Executive Director for much of Mr. Fugate’s tenure and has the respect of the CRMC staff. Chair Cervenka also stated that Mr. Willis would be eligible for a pay increase while he is Acting Executive Director as well as the preservation of his position as Deputy Director. Chair Cervenka stated that Mr. Willis would remain in the position of Interim Executive Director until such time that a new Executive Director would be appointed by the Council. Chair Cervenka also stated that Mr. Willis could apply for the position if he so chooses.

Chair Cervenka opened the floor for Council discussion.

Mr. Sahagian began by stating he felt strongly that Mr. Willis would make an excellent Interim Executive Director and believed he would do a fine job.

Mr. Hudner stated he supported what Mr. Sahagian said.

Mr. Gagnon agreed with Mr. Sahagian as well.

Ms. Reynolds agreed with Mr. Sahagian.

Mr. Gomez agreed that Mr. Willis was the best choice for Interim Executive Director and stated he believed Mr. Willis would do an excellent job.

Ms. Montanaro stated that she believed Mr. Willis would make an excellent Executive Director.

Chair Cervenka and Vice Chair Coia clarified the responsibilities of Mr. Willis during the Interim Executive Director appointment. Chair Cervenka stated that Mr. Willis would continue with is duties as Deputy Director while also taking on the responsibilities of the Interim Executive Director. The Deputy Director position would not be vacant and the Council would want him to be able to go back into his position in the event he does not become the Executive Director.

Mr. DeSisto suggested that a Memorandum of Understanding (MOU) be executed for memorializing the agreement between Mr. Willis and the Council.
Ms. Reynolds asked if there was a timeframe an employee could serve as interim. Mr. DeSisto stated that in this instance there would not be a timeframe limitation.

Mr. Sahagian asked if anyone had inquired with Mr. Willis as to whether he wants the position of Executive Director. Mr. Willis was invited to speak and confirmed that he would be applying for the Executive Director position and would very much like to be the next CRMC Executive Director.

Vice Chair Coia motioned that the Council appoint the Deputy Director, Jeffrey Willis, as Interim Executive Director upon the retirement of the current Executive Director Grover Fugate and as it is the Council’s understanding that Mr. Fugate will be retiring on May 31st, Mr. Willis would assume the Interim Executive Director role, unless something changes with Mr. Fugate’s retirement date, which means it will be the day after Mr. Fugate retires. Vice Chair continued that Mr. Willis would retain all of the position benefits of the Deputy Director and upon assuming the duties of the Interim Executive Director, he would be welcome to any pay increase that he is statutorily entitled to. Vice Chair also added to the motion that a Memorandum of Understanding between Jeffrey Willis and the Coastal Resources Management Council would be executed as it relates to this position.

Chair Cervenka seconded Vice Chair Coia’s motion.

Chair Cervenka asked for a roll call vote:

Vice Chair Coia Aye (proudly)
Mr. Hudner Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Chair Cervenka stated that this action by the Council would be in continuity of operations for the agency and will send a message to the regulation community that we have leadership in charge. Chair Cervenka stated that with the regulation community being familiar with Mr. Willis they will be pleased with the transition.

Motion carried.

Chair Cervenka asked Mr. DeSisto to create the MOU in consultation with Mr. Willis and the Council will review and vote on the MOU at a future meeting.

The Council discussed the upcoming meeting schedule. Mr. DeSisto stated that Governor Raimondo would be revising the meeting mandates to address these types of meetings.

Chair Cervenka asked if anyone who called into the meeting would like to speak. Ms. Chaffee, Meeting Moderator, stated that there were no requests to speak.

Vice Chair Coia thanked Ms. Chaffee for her efforts in the process of helping with the learning curve, setting up and moderating the meeting. Chair Cervenka also agreed with the sentiment.

7. ADJOURN

Motion to Adjourn:
Motion: Mr. Hudner
Second: Ms. Reynolds

Chair Cervenka asked for a roll call vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Motion carried.

Meeting adjourned at: 6:40 p.m.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX