In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, October 8, 2024 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
Patricia Reynolds
Stephen Izzi
Kevin Flynn
Joseph Russolino
Patricia Reynolds
Donald Gomez

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary
Cynthia Tangney, Court Reporter
Brian Harrington
Devon Robinson

 

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:12 p.m.

2. Review/Action of the Minutes of the Previous Meeting – Tuesday, 08-27-2024

August 27, 2024
Motion: Mr. Izzi
Second: Mr. Flynn
Motion carried.

September 27, 2024
Motion: Mr. Izzi
Second: Mr. Flynn
Motion carried.

3. Subcommittee Reports

Mr. Willis updated the Council:

• The ROW Subcommittee met on the matter of Spring Avenue Extension potential ROW to hear motions that the parties were making and subsequently being objected to. Due to time constraint, subcommittee will meet at a later date and address the remaining motions.

4. Staff Reports

Mr. Willis reported to the Council:

• Legislative Study Commissions
  • Coastal Resilience Study Commission
  • Beach Erosion Commission
• Town of Charlestown, RIDEM, CRMC, and RI Emergency Management met to address the west wall
  of the Ninigret Breachway
• NOAA 312 Review – The public is invited to comment as part of the review and the public hearing
  will be held on Tuesday, October 15, 2024 here in this space at 6:00 p.m.

5. Review and Action on Proposed Rulemaking:

Title of Rule: Management Procedures (650-RICR-10-00-1)
Rulemaking Authority: R.I. Gen Laws Chapter 46-23 et seq.

Summary of Rulemaking Action:
The CRMC proposes to amend its Management Procedures (650-RICR-10-00-1) at § 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

Title of Rule: Red Book (650-RICR-20-00-1)
Rulemaking Authority: R.I. Gen Laws Chapter 46-23 et seq.

Summary of Rulemaking Action:
The CRMC proposes to amend its Red Book (650-RICR-20-00-1) at § 1.1.13 to include the administrative penalty matrix guidance for violations of the Rhode Island Coastal Resources Management Program within the state of the Rhode Island.

Mr. Lofgren gave a brief overview of the rulemaking for the Administrative Penalty Matrix which started in 2021 at the onset of the revision of RI GL 46-23-7.1 which enabled CRMC to increase its maximum fine amounts from $2,500 to $10,000. Mr. Lofgren explained that the penalty matrix was created to establish a clear set of standards and guidelines to aid in determining a fair rationale when assessing fine amounts.

Mr. Lofgren stated that the Matrix was before the Council in 2023, and the Council directed staff to revisit regulation to provide definitions to six main categories in the matrix in Section 1.4.15(d) and to define impacts to public health, safety, welfare and environment and aggravating factors in Section 1.4.15(c).

Mr. Lofgren explained that staff reviewed regulations from other coastal zone management programs and developed definitions that have been incorporated into the proposal before the Council this evening.
The proposed regulations wen out to public notice in August and a public hearing was held on September 15, 2024. The Public hearing received no public comment, but a written comment and suggestions was received from Save The Bay during the public comment period. Mr. Lofgren stated that CRMC staff responded to Save The Bay and CRMC was not recommending incorporating them into the regulation.

Mr. Lofgren stated that CRMC staff was recommending that the Council consider both proposed regulations and adopt them as proposed (with the edit of one grammatical error).

Mr. Lofgren introduced Brian Harrington and Devon Robinson, CRMC Enforcement staff, stating that they were available for questions.

Mr. Gomez stated that he had spent time reviewing this prior to the meeting and was satisfied that CRMC staff had taken care of everything previously discussed.

Mr. Flynn stated that he appreciated Bruce’s response to comments in memo included in the Council’s package.

No further comment from staff.

Chair Coia stated that the Council would vote on each regulation separately and asked for a motion for the proposed amendment to the Section 1.1.4.15 of the CRMC Management Procedures to reference the administrative penalty matrix guidance for violations of Rhode Island Coastal Resources Management Program within the state of Rhode Island.

Mr. Russolino motioned to approve.
Both Mr. Izzi and Mr. Gagnon seconded the motion to approve.

Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried on unanimous vote.

Chair Coia asked for a motion as it related to Section 1.1.13 to include the administrative penalty matrix for the management of violations of the Rhode Island Coastal Resources Program within the state of Rhode Island.

Mr. Flynn motioned to approve the amendment.
Ms. Reynolds and Mr. Russolino seconded the motion.

Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

7. ADJOURN

Motion to adjourn:

Motion: Ms. Reynolds
Second: Mr. Gagnon

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 6:30.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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