In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 14, 2023 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM
Donald Gomez
Patricia Reynolds
Catherine Robinson Hall
Stephen Izzi
Kevin Flynn
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Amy Silva, Spv Environmental Scientist
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary
Cynthia Tangney, Court Reporter

1. CALL TO ORDER

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

2. Review/Action of the Minutes of the Previous Meeting – October 24, 2023

Chair Coia called for a motion regarding the minutes for the Tuesday, October 24, 2023 Semi-monthly Meeting.

Motion: Mr. Gagnon
Second: Mr. Gomez

Motion carried on unanimous vote.

3. Subcommittee Reports

Mr. Willis informed the Council that the Policy & Procedures Subcommittee approved the rulemaking process for proposed changes to CRMC Beach Vehicle regulations to remove 3-day passes. This proposal was submitted to the P&P Subcommittee due to feedback from local community police departments and their enforcement thereof.

4. Staff Reports

None were heard.

5. Applications that have been Out to Public Notice before the Council for Review and Action:

2023-05-053 MARK & CHERYL DeMELLO -- Construct and maintain a residential Boating Facility consisting of a total 188’ feet in length, terminating at 50’ beyond Mean Low Water (MLW) and requiring a Variance to the side Setback Standard Section 1.3.1(D)(11)(k). Located at plat 25, lot 45; 395 Park Avenue, Portsmouth, RI.

Mr. Willis explained that a Request for Continuance was received by the Town Administrator of Portsmouth and that he had asked staff to look into the application relative to the Town’s harbor management plan. The applicant stated that he did not have an objection to the continuance. Mr. Flynn motioned, seconded by Ms. Reynolds, that the application be continued until Tuesday, November 28, 2023 meeting.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

6. Application that has been Out to Public Notice before the Council for Discussion, Review, Action or Referral to the CRMC Hearing Officer based on Objections Received Regarding the Application:

2020-04-037 JOHN BOWEN & PATRICK BOWEN -- Establish a 0.97 oyster farm using submerged cases in Seapowet Cove, Tiverton, Rhode Island.

Mr. DeSisto stated that per RIGL 46-23-20, all contested cases shall be heard by the CRMC Administrative Officer. Mr. DeSisto explained the history behind the CRMC Administrative Officer.

Mr. DeSisto also explained that the Council should determine if this application meets the requirements of a contested case as per 650-RICR-10-00-1.1(B)

Mr. Willis stated that staff determined that there were several objections that could rise to the level of substantive objection based on criteria in 650-RIC-20-00-1§1.1.6(G)(c)(5) impact to Scenic and Recreational Values in this area. Mr. Willis stated that many of the letters received express concern about how scenic or recreational values would be affected. Mr. Willis stated he felt that the objections were substantive.

Mr. Gomez asked if any other objections, other than scenic and recreational value, had been received as he did felt that scenic value was subjective.

Mr. Willis stated that there were other objections, but this was one criterion in which many of the objections talked about.

Ms. Hall, Mr. Willis, and Mr. DeSisto had a regulatory discussion about who should be making the judgement call on whether the objections were substantive, the Council or the Council’s staff. Mr. Willis and Mr. DeSisto stated that procedures were being developed by staff that will address any future issues.

Mr. DeSisto stated that in this matter, it is appropriate that the Council should make the decision by vote to send the matter to the Council Hearing Officer.

Mr. Flynn asked what the process would be for the Hearing Officer and asked how long it would take. Mr. Willis stated he did not know the timeframe and explained that the process would follow the subcommittee hearing process and the Hearing Officer would make a recommendation to the Council.

Mr. DeSisto stated that the Hearing Officer is guided by RIGL 46-23-20.3 (Prehearing Procedures) as well as RIGL 46-23-20.6 which would lend to some formality to the hearing process. Mr. DeSisto confirmed that at the completion of the proceedings the Hearing Officer would make report to the Council and the Council would make a final decision.

Mr. Gomez, Mr. Flynn and Mr. Russolino expressed concern regarding the timeframe for this particular case and asked if continuing the application and bringing back to the Council would be an appropriate option for the Council to take.

Mr. DeSisto stated that it was appropriate to send the application to the Hearing Officer which would streamline the process and bring back to the Council in a timely manner.

Mr. Gagnon asked if the Hearing Office had any other case before him. Mr. Willis stated that there were no other cases in front of the Hearing Officer.

There were no further questions from Council for Mr. DeSisto or Mr. Willis.

Mr. Russolino motioned, seconded by Mr. Gagnon, to refer the matter to the CRMC Hearing Officer.

There was no discussion.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Nay
Chair Coia Aye

Motion carried on a seven to one vote to have the case referred to Hearing Officer.

5. Public Hearing on Proposed Rulemaking:

Management Procedures (650-RICR-10-00-1) -- Amend § 1.1.4.15 to reference the administrative penalty matrix guidance for violations of the Rhode Island Coastal Resources Management Program within the state of the Rhode Island.

Chair Coia introduced Bruce Lofgren, CRMC Coastal Policy Analyst.

Mr. Lofgren addressed the Council introducing the rulemaking procedure for the Council’s proposed Penalty Matrix.

Mr. Lofgren stated that the proposed Penalty Matrix was in the Public Notice stage which would end on November 26, 2023 and that CRMC is required to hold a Public Hearing during the Public Notice period.

Mr. Lofgren informed the Council that he had not received any comments regarding this proposed regulation as of yet.

Chair Coia opened the Public Hearing for the proposed regulation – Penalty Matrix. With no comments being heard, Chair Coia closed the Public Hearing.

8. ADJOURN

Motion to adjourn:

Motion: Mr. Gomez
Second: Ms. Reynolds

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned 8:00 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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