In accordance with notice to member of the Rhode Island Coastal Resources Management Council, Rights-of-Way Subcommittee, a virtual meeting was held on Tuesday, May 25, 2021 at 9:30 a.m. utilizing Zoom Webinar, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
Anthony DeSisto, Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
Laura Dwyer, Information and Education Coordinator

CALL TO ORDER

Chair Cervenka called the meeting to order at 9:33 a.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Chair Cervenka introduced the minutes of the previous meeting, Tuesday, March 23, 2021.
Motion to approve: Mr. Gagnon
Second: Ms. Reynolds

Roll Call Vote:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye for the portion of the meeting that she was present

AGENDA ITEMS: Chair Cervenka adjusted the order of the Agenda:

1. Partnership with the Roger William University Fellowship Program and ROW Research – for discussion:

Mr. Willis updated the Council on ROW research coordination with Roger Williams University Law School stating that the Fellowship Coordinator was agreeable to providing research help to CRMC on future ROWs through their fellowship program in which law fellows, beginning at the 3rd year, are required to complete 50 hours of pro bono work. Mr. Willis explained that the CRMC and the RWU Law School Fellowship Coordinator were finalizing the details of the partnership. Mr. Willis anticipated that the law fellows would be able to provide the subcommittee with the detailed information needed to begin the designation process.

Mr. DeSisto stated that he welcomed the extra help from the Law Fellows as the research for some pending ROW designation requests will be more involved and detailed such as the proposed Warwick ROW in which CRMC received documentation from both the proponents and objectors of the proposed designation. Mr. DeSisto was pleased with the reception CRMC received from Roger Williams Law School and looks forwards to working with the fellows and helping them toward their goal of 50 hours of pro bono work.

Chair Cervenka stated that the coordination between CRMC and RWU Law School Fellowship program was a good idea to match law students up with projects that would offer them the ability to work towards their 50 hours of pro bono work.

2. CRMC’s ArcGIS Online map of designated rights-of-way to the shore – for discussion

Mr. Willis informed the Subcommittee Members that CRMC in partnership with URI had developed the ArcGIS Online map for CRMC designated ROW to the Shore in which he stated that the online program is existing but will be maintained more regularly and a few errors and misplaced icons with be corrected. Mr. Willis explained that CRMC partnered with the URI Coastal Institute for the ROW ArcGIS map and that the maintenance work to the program would be done over the summer and fall months to provide an interactive mapping program which will be completely up to date and active.

3. FY2022 Federal Funding update – for discussion – Continued until next subcommittee meeting

4. Public Street, Providence – Research and Designation Process – for action

Chair Cervenka recused herself from this portion of the meeting.
Mr. Gagnon to Chair the remainder of the meeting.

Mr. DeSisto began by thanking the officials from the City of Providence who assisted in the CRMC examination of the title for Public Street, Providence, as well as thanking the Attorney General’s office, Greg Schultz for their assistance.

Mr. DeSisto explained that Public Street (Providence) located east of Allen’s Avenue and was on the path for ROW designation with the CRMC which had been historically declared in 1876 by the Providence Board of Alderman who made a resolution laying out Public Street and declaring the terminus of the end of Public Street as the harbor line.

Mr. DeSisto stated that Public Street was maintained by the City of Providence who would continue to maintain with the designation of the ROW. Mr. DeSisto stated that Public Street was the boundary for public properties located on both side of said street.

Mr. DeSisto informed the Subcommittee that there was a small Scribner’s error regarding one of the properties boundary lines which lands in the public street but that his recommendation is that Public Street receive the designation as 50’ wide and 25’ to the shore of the Providence River.

Mr. DeSisto explained that the next step would be for CRMC to make arrangements to hold a public hearing to take testimony from the public regarding the designation of this ROW. Mr. DeSisto stated the public hearing could be held on the Zoom platform and would require the presence of a Stenographer. Mr. DeSisto stated that a City of Providence representative should be there. After the public hearing is held by the Subcommittee, Mr. DeSisto will generate a report which would be sent to the Full Council for their review and approval.

Mr. Gagnon asked if the Scribner’s error would need to be resolved prior to the hearing. Mr. DeSisto stated that the property owner would have to initiate or it could be addressed through a law suit which is not what anyone wants to do. The lessee of the property with the Scribner’s error has been very cooperative with the City of Providence. Mr. DeSisto stated that a land owner can not adversely possess a property against a government entity so he did not think there would be an issue here and he recommended going forward with the designation process.

Ms. Reynolds motioned to authorize CRMC staff to make arrangement in coordination with the City of Providence to hold a public hearing for the purpose of designating Public Street as a CRMC designated ROW. Motion was seconded by Mr. Gagnon. The motion carried on a unanimous voice vote.

Mr. DeSisto thanked Providence City official Dave Everett for coordinating with CRMC.

Mr. Everett also thanked City of Providence Public Works Department.

Mr. Willis stated that CRMC staff would poll Subcommittee Members and officials for scheduling purposes and then Notification of Hearing will be mailed.

Motion to adjourn was made by Ms. Reynolds and seconded by Mr. Gagnon.
Motion carried on a unanimous voice vote.

Meeting closed at 9:53.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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