CITY OF NEWPORTDOCKET OF THE COUNCILThe following items of business, filed with the City Clerk under the Rules of theCouncil, will come before the Council at its regular meeting to be held onMarch 23, 2011, at 6:30 p.m.PLEDGE OF A LLEGIANCE TO THE FLAGPROCLAMATIONS HONORINGWILLIAM M. DOHERTY AND CAMERON S. DOHERTYFINALISTS IN THE NATIONAL GEOGRAPHIC GEO-BEECITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part ofthe regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)a. Minutes ofthe March 9, 2011, Council Meeting (Approve)b. Special Event License:1) The Newport Elegance, LLC, d/b/a Newport Concours d'EleganceAntique Car Exhibition; Fort Adams State Park, May 22,2011,from 9:30 a.m. to 4:30 p.m.It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewportwebsite: www.cityofnewport.com- ..CurrentNewpOlt City News & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD oftheCouncil Meeting will be available t the Newport Public Library within 48 hours ofthe meeting.LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.DOCKET OF THE COUNCILMarch 23, 2011Page 22) International Tennis Hall of Fame, d/b/a Campbell's Hall of FameTennis Championships; 194 Bellevue Ave., from July 4 to 10,2011, from 10:00 a.m. to 6:00 p.m.3) Newport Festivals Foundation, Inc., d/b/a Newport Jazz FestivalOpening Night; International Tennis Hall of Fame @ NewportCasino, 194 Bellevue Ave., August 5, 2010, from 8:00p.m. to11:00 p.m.c. Banner License, Newport Boys and Girls Clubs; 15 banners on America'sCup Ave. and Memorial Blvd. West, from August 5-15,2011, promotingthe Newport Antiques Show.d. Banner License, International Tennis Hall of Fame; 40 banners onAmerica's Cup Ave. and Memorial Blvd. West, from June 20 - July 10,2011, promoting the Campbell's Tennis Champions.e. Holiday Selling Licenses, New:1) Sea Island Rhode Island, LLC, d/b/a J. McLaughlin, 180 BellevueAve.2) Tucquet, LLC, d/b/a Tucquet, 34A Bowen's Wharff. Holiday Selling License, Renewals:1) Retail Brand Alliance, d/b/a Brooks Brothers, 139 Swinburne Row2) Janet Culkins, d/b/a Cabbage Rose, 493 Thames St.3) Dupa Lama, d/b/a Coral, 471 Thames St.4) Five Below, Inc., d/b/a Five Below, 199 Connell Highway5) Tsering W. Ngamdung, d/b/a Lotus, 411 Thames St.6) Newport Historical Soc., d/b/a Museum of Newport History, 127 Thames St.7) The Fudgery Inc., d/b/a Newport Fudgery, 168 Thames St.8) The Fudgery Inc., d/b/a Newport Fudgery, 359 Thames St.9) Marriott Hotel Services, d/b/a Newport Marriott Hotel, 25 America's Cup Ave.10) American Shipyard Co., LLC, d/b/a Newport Shipyard Outfitters, 33Bannister's Wharf11) C.O.T., Inc., d/b/a Newport Sunglass Shop, 109 Swinburne Row12) Oriental Arts, LTD, d/b/a Oriental Arts,103 Swinburne Row13) Pink Pineapple, LLC, d/b/a Pink Pineapple, 380 Thames St.14) Primavera, Inc., d/b/a Primavera, 4 Bowen's Wharf15) Sally Beauty Supply, Inc., d/b/a Sally Beauty Supply, 199 Connell Highway16) Bunnies Unlimited, LLC, d/b/a Sequin, 117 Bellevue Ave.17) Bunnies Unlimited, LLC, d/b/a Sequin, 474 Thames St.18) Jane Kropp, d/b/a Stardust Fashion Jewelry, 359 Thames St.19) Hyatt Regency Newport, d/b/a Stillwater Spa, 1 Goat IslandDOCKET OF THE COUNCILMarch 23, 2011Page 320) Tsering Ngamdung, d/b/a Tibet-in-Port, 411 Thames St.21) Caje Enterprises, LLC, d/b/a The UPS Store, 270 Bellevue Ave.g. Second Hand License, Renewals:1) Boston Twins, LLC, d/b/a Karma, 13 Touro St.2) Washington Sq. Services Corp., d/b/a St. Paul's Thrift Shop,326 Broadwayh. Holiday Selling License, Renewal, Mint, LLC, d/b/a Wish, 106 WilliamSt. (new location)1. Second-hand License, Renewal, Mint, LLC, d/b/a Wish, 106 William St.(new location)J. Waste Hauler License, New, American Carting Express, Inc., d/b/a ThrowAway, 19 Tartaglia St., Johnston, RI.k. Resignation of Marty Grimes from the Energy & EnvironmentCommission (Receive with regret)1. CRMC notices of intention to change management plans, policies,procedures and regulations (Receive)m. Claim ofTimothy and Rachae1 Cavazza (Receive and refer to citysolicitor)LICENSES AND PERMITS2. Annual Victualing License, New, 108 Laces, Inc., d/b/a Mudville Pub, 8 WestMarlborough St., first floor and rear patio (in conjunction with transfer of ClassBV alcoholic beverage license)COMMUNICATIONS &PETITIONS3. Communication from Turner C. Scott, Esq., on behalf of Verbena, LLC, 155Ocean Ave., re: Installation of Buried Utility Lines Along Shoulder (of OceanAve.) to Replace Existing Overhead Lines between Gooseberry Beach andCarroll Ave.DOCKET OF THE COUNCILMarch 23, 2011PageS11. Communication #4818111, re: Bid Award for Memorial Boulevard StonewallRestoration (with accompanying resolution)12. Communication #4819111, re: U.S. Environmental Protection Agency GrantApplication -- Assistance Award (Easton's Beach UV Project) (withaccompanying resolution)13. Communication #4820111, re: Bid Award for Engineering Services for BlissMine Force Main Evaluation (with accompanying resolution)14. Communication #4821111, re: Bid Award for Engineering Services for SanitarySewer Improvements (with accompanying resolution)15. Memorandum from the City Manager, re: Commercial Recycling (ResolutionNo. 2011-11)16. Memorandum from the City Manager, re: Planning Department Evaluation(Resolution No. 2011-12)ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERSDOCKET OF THE COUNCILMarch 23, 2011Page 6BOARD OF LICENSE COMMISSIONERS1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)a. Communication from the Shareholders of Mama Luisa, Inc., d/b/a MamaLuisa Italian Restaurant, 673 Thames St., re: Notice of Change in Stock.(Receive) .b. Class F-l Daily Liquor Licenses, International Tennis Hall of Fame, Inc.,194 Bellevue Ave., July 4 to 10, 2011.c. Sunday Selling License, Renewal, Vickers' Liquors, LLC, d/b/a Vickers'Liquors, 274 Bellevue Ave.LICENSES AND PERMITS2. Application of Newport Prescription Center, Inc., d/b/a Island Liquors, 291Broadway, holder of a Class A alcoholic beverage license, to expand its licensedpremises into 289 Broadway, for a total licensed premises of 6,680 square feet.(Hearing)3. Application of Great Pub, LLC, d/b/a Mudville Pub, 8 West Marlborough St.,first floor and rear patio, to transfer its Class BV alcoholic beverage license to108 Laces, Inc., d/b/a Mudville Pub, for the same premises. (Hearing)a. Communication Lillian Magee Lloyd, Esq., re: notification that transferof the Class BV License to MLJ, Inc. (approved by Council on Feb. 23,2011) is no longer under consideration.b. Bills ofIndebtedness:1) Newport Specialty Foods:2) Don Jestings & Sons:3) McLaughlin & Moran, Inc.4) RI Distributing Co.5) Horizons6) Shoreline Electrical Services, Inc.:7) Lillian Magee Lloyd, Esq., on behalf ofMLJ, Inc. (Michael P. Jacquard)$ 2,935.17$ 1,519.66$ 7,401.40$ 1,610.24$ 6,956.49$ 1,400.00$30,646.00DOCKET OF THE COUNCILMarch 23, 2011Page 7COMMUNICATIONS FROMTHE CITY MANAGER4. BLC Communication #4811/11, re: Show Cause Hearing: Billy GoodeCompany, Inc., d/b/a Billy Goode's - Violation of the Conditions of the ClassBV Alcoholic Beverage License - Failure to Submit a Certificate of GoodStanding from the Secretary of State, Failure to Pay Renewal Fees (PlusPenalties) for said Alcoholic Beverage and Victualing Licenses, Failure toReceive Clearance from the Newport Tax Collector, and Failure to SubmitVerification of Alcohol Server Training. (Continued from 3/9/2011)5. BLC Communication #4812/11, re: Show Cause Hearing: A&O, Inc., d/b/aAsterisk - Violation ofthe Conditions ofthe Class BV Alcoholic BeverageLicense - Failure to Receive Clearance from the RI Division of Taxation andFailure to Submit a Certificate of Good Standing from the Secretary of State.(Continued from 3/9/2011)6. BLC Communication # 4813/11, re: Show Cause Hearing - Oak StreetPartnership, Inc., d/b/a Kerry Hill Club for: Violation of the Conditions of theClass D Alcoholic Beverage License - Failure to Receive Clearance from the RIDivision of Taxation, Failure to Submit a Certificate of Good Standing from theSecretary of State, Failure to Pay the Current Year Alcoholic Beverage LicenseFee, and Failure to Receive Clearance from the Newport Tax Collector.(Continued from 3/9/2011)Kathleen M. SilviaCity ClerkMarch 16, 2011MINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 2011The following items of business, filed with the City Clerk under the Rules of the Council, carnebefore the Council at its regular meeting held on March 9, 2011.MUSICAL SELECTIONS WERE PLAYED BY THE ANCIENT ORDER OFHIBERNIANS PIPE & DRUM BANDThe MAYOR called the meeting to order at 6:32 p.m.The City Clerk called the roll and the following members were present:CHARLES y. DUNCANKATHRYN E. LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANONAOMI NEVILLESTEPHEN C. WALUK, MAYORABSENT: HENRY F. WINTHROPMAYOR WALUK read a Proclamation declaring March 2011 as IRISHHERITAGEMONTH,:and presented copies to Richard O'Neill, State President of the Hibernians, and to Mayor MichaelFrawley of Kinsale, Ireland.The Honorable MICHAEL .T FRAWLEY, JR., Mayor of Newport's Sister City of Kinsale, Ireland,extended the greetings of Kinsale and spoke on the Newport-Kinsale Sister City relationship.1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION, ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)a. Minutes of the February 23, 2011, Council Meeting (Approve)b. Special Event Licenses:1) The Pier Restaurant, d/b/a St. Patrick's Day Parade Party; 10 Howard Wharf(outdoors), March 12,2011, from Noon to 6:00 p.m. (Annual outdoorentertainment license is limited to April through Sept. 30)2) Sail Newport, Inc., d/b/a Sail Newport's Shipwrecked Party/Fundraiser; 181Bellevue Ave. , May 7, 2011, from 7:00 p.m. to Midnight.3) Manuka Sports Event Management, d/b/a Atlantic Cup; Newport Shipyard,May 15, 2011, from 10:00 a.m. to 10:00 p.m.4) Historic Wharves Assoc., d/b/a Newport Summer Comedy Series/ConcertVenue - Show #2; Newport Yachting Center, Saturday, July 23,2011, from9:00 p.m. to 11:00 p.m. (Annual license limited to 10 p.m. on Saturdays)5) Historic Wharves Assoc., d/b/a Newport Summer Comedy Series/ ConcertVenue - Show #2; Newport Yachting Center, Saturday, August 6, 2011, from9:15 p.m. To 11:00 p.m. (Annual license limited to 10 p.m. on Saturdays)6) Newport Festivals Foundation, Inc., d/b/a Newport Folk Festival; Fort AdamsState Park, July 30 and 31, 2011, from 11:30 a.m. to 7:00 p.m.MINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 201 IPage 27) Newport Festivals Foundation, Inc., d/b/a Newport Jazz Festival; Fort AdamsState Park, August 6 and 7, 201I, from II :30 a.m. to 7:00 p.m.c. Banner License, Salve Regina University, June 2-6,201 I, promoting SRUReunion Weekend (banner to be between Salas' Restaurant and The Red Parrot)d. Daily Entertainment License, Ancient Order of Hibernians, March I Iand 12,2011, from 6:00 p.m. to Midnighte. Holiday Selling Licenses, New:1) Madeline M. Lonski and Joseph Lonski, d/b/a Mimi's for Kids, 154 Mill St.2) Joan Simonetti, d/b/a BICO Providence, 400 Thames St.f. Holiday Selling Licenses (new owners):I) Zain Tariq Jakhar, d/b/a 7-Eleven #32508C, 95 Broadway2) Ki-Ra Salon, Ltd., d/b/a Ki-Ra Salon, 6 West Marlborough St. (new location)g. Holiday Selling License, Renewal, Style Newport, LLC, d/b/a Style Newport, 302Thames St. (new location)h. Holiday Selling License, Renewal, Jason Carbonneau, d/b/a Jason & Co., 182 ThamesSt, Unit C (new location)i. Holiday Selling License Renewals (list attached)j. Second-hand License, Renewals (list attached)k. Sidewalk Cafe License, Renewal, Howley Bread Group, Ltd., d/b/a PaneraBreadI. Victualing License, New, Zain Tariq Jakhar, d/b/a 7-EIeven #32508C, 95 Broadway(new owner)m. Communication from Cynthia Robinson, President, Rec Reunion Association, askingto relocate the basketball tournament scheduled for August 1, 20I I, from SullivanSchool to the Edward St. Basketball Court. (Approve subject to details being workedout with the city administration)n. REMOVED: Communication from George Brian Sullivan, Ph.D., President, TheNewportant Foundation, asking that the comer of Thames and Green Streets be named"JK Sullivan Square" and to decorate the JK Sullivan monogram in the Belgian Blocksat said intersection. (Receive and refer to the city administration)o. Communication from Gregory F. Fater, Newport Gulls, Ltd., asking permission toplace a temporary sign at the Rotary on Connell Highway, and in the medians onMemorial Blvd. and America's Cup Ave. on Gulls' game days and during the playoffgames. (Approve subject to details being worked out with the city administration.)p. Communication from David C. Hanos, Jr., President, Local 1080, IAFF, asking tocommence negotiations for the July 1,2011, to June 30, 2012, year. (Receive andrefer to City Solicitor)q. Resignation of Thomas Gallagher from the Film Commission (Receive with regret)r. REMOVED: Annual Report of the Cliff Walk Commission (Receive)s. Claim of Anny Hernandez, by Attorney (Receive and refer to the City Solicitor)MAYOR WALUK moved the Consent Calendar be adopted, with the exception of Items n and r.Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.n. Communication from George Brian Sullivan, Ph.D., President, The NewportantFoundation, asking that the corner of Thames and Green Streets be named "JKMINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 201 IPage 3Sullivan Square" and to decorate the JK Sullivan monogram in the Belgian Blocks atsaid intersection. (Receive and refer to the city administration)DR. G. BRIAN SULLIVAN asked the Council at this time allow the Belgian blocks with JeremiahSullivan's initials and date the road was installed, 1908, be chalked over in green for the S1. Patrick'sDay Parade. MAYOR WALUK, saying it was a great idea, suggested Dr. Sullivan discuss the matterwith the city administration. COUNCILORS MC LAUGHLIN and NEVILLE also expressed theirsupport.COUNCILOR MC LAUGHLIN moved the communication be received and referred to the CityAdministration. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.r. Annual Report of the Cliff Walk Commission (Receive)MAYOR WALUK moved the communication be received. Seconded by COUNCILOR MCLAUGHLIN.COUNCILOR NEVILLE said she had questions regarding toilet facilities and vendors at the 40 Stepsand Cliff Walk.ROBERT POWER, Chairman, Cliff Walk Commission, said the City has found a solution to theproblem of the port-a-johns being tipped over at the 40 Steps; however, the Commission hasdiscussed having a better facility at the site at no cost to the City. He said when the type of facility isdetermined, the Commission would seek a donation from a foundation. He suggested that someparking meters could also be installed in the area of the 40 Steps, the revenue from which could bededicated to paying for maintenance ofthe facility. With regard to vendors, he said the Commissiondoes not want to see the Cliff Walk commercialized; however, there are problems with vendors,particularly on weekends. He said while it may appear in some instances that young people areselling drinks, they are really adult operations where deliveries are made to the vendors' stands. Hesaid there are also occasions where other than drinks are being sold.The motion to receive the report was VOTED UNANIMOUSLY.LICENSES AND PERMITS2. Victualing License, Expansion, Salvation Cafe, Inc., d/b/a Salvation Cafe, 140-142 Broadway:Kitchen and storage area in basement; 292 sq. ft. of expanded seating area on west side ofbuilding; new 900 sq. ft. seasonal outdoor patio on west and south sides of building; and new490 sq. ft. indoor function area and 477 sq. ft. outdoor deck on second floor.MAYOR WALUK moved the expansion be approved. Seconded by COUNCILOR LEONARD andVOTED UNANIMOUSLY.3. APPOINTMENTS TO BOARDS AND COMMISSIONSMINUTES OF THE COUNCIL MEETINGHELD MARCH 9,201 IPage 4Waterfront Commission (one vacancy) - Applicants: Richard Barker, Daniel Benson, KevinDwyer, Thomas A. Evans, Rudd Hall, John Olivera, Andrew Radel, Fred Roy, Jan Slee andRobert SpagnoloMAYOR WALUK moved John Olivera be appointed to the Waterfront Commission. Seconded byCOUNCILOR LEONARD and VOTED UNANIMOUSLY.Historic District Commission (one full member; one Alternate) - Applicants: Lauren H. Carson,Lewis John and Kristine Royal. NO ACTION TAKENNewport Housing Authority (one vacancy) - Applicants: Charles Laranjo, Nikki Vazquez, andPatricia Archer. NO ACTION TAKENMAYOR WALUK moved William Corcoran be reappointed to the Redevelopment Agency.Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.MAYOR WALUK moved Lois V. Eberhard and William Steeves be reappointed to the Tree & OpenSpace Commission. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.MAYOR WALUK moved Ronald Becker be reappointed to the Trust & Investment Commission.Seconded by COUNCILOR LEONARD and VOTED UNANIMOUSLY.RESOLUTIONS4. Hosting of Congress of Councils Meeting to Fight LNG Facility in Fall River, MA - N.Neville, S. Waluk, J. McLaughlinCOUNCILOR NEVILLE introduced the resolution and moved for its adoption. Seconded byCOUNCILOR LEONARD AND VOTED UNANIMOUSLY.ORDINANCES5. Amending Chapter 1.14.200 of the Codified Ordinances, entitled, "Violation of Chapter12.72, Bicycles," to implement fines payable by mail.MAYOR WALUK moved the ordinance be adopted on second reading. Seconded by COUNCILORMC LAUGHLIN and VOTED UNANIMOUSLY.COMMUNICATIONS FROM THE CITY MANAGER6. Communication #4800/11, re: Mass Notification System - Code Red (continued fromFebruary 23, 20II)COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO.MINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 2011PageSCOUNCILOR LEONARD said she would like more information. She said the system doesn't seemto be geared just towards emergencies and asked what kind of policy would be formulated. CITYMANAGER EDWARD LAVALLEE responded that the system has a wide application and if thesystem is purchased a policy would then be established. He said it will be used for such things aswinter storm warnings, hurricanes, high winds, flooding, gas leaks, etc. He said the user can isolatewhen and who would get notified by Code Red, which will be used by the Police, Fire, and UtilitiesDepartments, as well as MIS. He said people with cell phones and computers can be enlisted toparticipate in the program.COUNCILOR LEONARD said she was uncomfortable with moving forward without first having apolicy in place. She asked who would have access to the data base and what type of security therewould be so that no one could hack into it. CITY MANAGER LAVALLEE responded that the datais encoded and will be protected and not distributed. He said he is very confident with the protectionthat is offered with it. COUNCILOR DUNCAN said he shared Councilor Leonard's concerns. Hecited the $35,703.27 cost for the program and said he believed sufficient notice of emergencies isbroadcasted on radio and TV, and suggested that the City could return to the use of the fire alarmwhereby years ago the number of blasts indicated an emergency.COUNCILOR MC LAUGHLIN asked how people will be enrolled in the system; CITYMANAGERLAVALLEE responded it would be by telephone, e-mail, and cell phone. COUNCILOR MCLAUGHLIN suggested that once it is implemented there be a test to ensure that people are getting themessage. MAYOR WALUK concurred.VOTE on the motion to approve:In favor - MAYOR WALUK; COUNCILORS MC LAUGHLIN, NAPOLITANO andNEVILLE.Opposed - COUNCILORS DUNCAN and LEONARD.7. Communication #4807/11, re: Implementation of Twenty-four Hour Resident Parking onWashington St., from Marsh St. to Poplar St. (with accompanying ordinance)MAYOR WALUK moved the communication be received and the accompanying ordinance adoptedon first reading. Seconded by COUNCILOR MC LAUGHLIN.COUNCILOR NAPOLITANO said she had concern about the number of people who signed thepetitions, as well as implementing sticker parking along side Storer Park. She said she would like tosee a map of Washington St. and the surrounding area indicating what parking restrictions arecurrently in place.COUNCILOR DUNCAN said that as the First Ward representative he is well aware ofthe need for24-hour resident parking because people at Newport Shipyard are abusing the use of on-street parkingspaces. COUNCILOR MC LAUGHLIN said he also would like more information because he wasnot sure how the 24-resident parking would integrate with parking on the rest of the street.MINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 201 IPage 6COUNCILOR MC LAUGHLIN moved this item be continued to the March 23'd meeting, at whichtime a map of the entire length of Washington Street and the side street noting current parkingrestrictions should be included. Seconded by COUNCILOR NAPOLITANO.COUNCILOR NAPOLITANO expressed concern that if this were approved for Washington Street allthe streets in the area will follow suit. MAYOR WALUK said he would support the continuation, butin all probability he will vote for the ordinance because Councilor Duncan supports it and theresidents have followed the procedures and meet the requirements for the change to 24-hour stickerparking.VOTE on the motion to continue:In favor - MAYOR WALUK; COUNCILORS LEONARD, MC LAUGHLIN,NAPOLITANO and NEVILLE.Opposed - COUNCILOR DUNCAN8. Communication #4808/11, re: Bid Award for Washington Street Fence ReplacementCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR LEONARD and VOTED UANIMOUSLY.9. Communication #4809/11, re: CSO Stakeholders WorkgroupCOUNCILOR MC LAUGHLIN moved the communication be received and appointment of amember from the Aquidneck Island Planning Commission to the Workgroup be approved. Secondedby COUNCILOR LEONARD and VOTED UNANIMOUSLY.10. Communication #4810/11, re: Bid Award for Engineering Services for Beach Pump StationEvaluationCOUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UANIMOUSLY.7:10 P.M. ADJOURNED AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERSMINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 2011Page 7BOARD OF LICENSE COMMISSIONERSLICENSES AND PERMITS1. Application for a Class F-l Daily Liquor License, Sail Newport, Inc., d/b/a Sail Newport'sShipwrecked Party/Fundraiser at 181 Bellevue Ave., May 7,2011.CHAIRMAN WALUK moved the license be approved. Seconded by COMMISSIONERNAPOLITANO and VOTED UNANIMOUSLY.2. Application of Salvation Cafe, Inc., d/b/a Salvation Cafe, 140-142 Broadway to expand thelicense premises of its Class C alcoholic beverage license to: kitchen and storage area inbasement; 292 sq.ft. seating area on west side of building; 900 sq. ft. seasonal outdoor patio onwest and south sides of building; and 490 sq. ft. indoor function area and 477 sq. ft. outdoordeck on the second floor. (Hearing)COMMISSIONER MC LAUGHLIN moved the hearing be closed. Seconded by COMMISSIONERNEVILLE and VOTED UNANIMOUSLY.COMMISSIONER MC LAUGHLIN moved the expansion be approved. Seconded byCOMMISSIONER LEONARD and VOTED UNANIMOUSLY.COMMUNICATIONS FROM THE CITY MANAGER3. BLC Communication #4811/11, re: Show Cause Hearing: Billy Goode Company, Inc., d/b/aBilly Goode's - Violation ofthe Conditions ofthe Class BV Alcoholic Beverage License-Failure to Submit a Certificate of Good Standing from the Secretary of State, Failure to PayRenewal Fees (Plus Penalties) for said Alcoholic Beverage and Victualing Licenses, Failure toReceive Clearance from the Newport Tax Collector, and Failure to Submit Verification ofAlcohol Server TrainingCOUNCILOR DUNCAN recused himself.CHAIRMAN WALUK moved the hearing be continued to the March 23'd council meeting.Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY (5-0).4. BLC Communication #4812/11, re: Show Cause Hearing: A&O, Inc., d/b/a Asterisk-Violation ofthe Conditions of the Class BV Alcoholic Beverage License - Failure to ReceiveClearance from the RI Division of Taxation and Failure to Submit a Certificate of GoodStanding from the Secretary of State.MINUTES OF THE COUNCIL MEETINGHELD MARCH 9, 201 IPageSCHAIRMAN WALUK moved the hearing be continued to the March n'd council meeting.Seconded by COMMISSIONER NAPOLITANO and VOTED UNANIMOUSLY.5. BLC Communication # 4813/11, re: Show Cause Hearing - Oak Street Partnership, Inc., d/b/aKerry Hill Club for: Violation of the Conditions of the Class D Alcoholic Beverage License-Failure to Receive Clearance from the RI Division of Taxation, Failure to Submit a Certificateof Good Standing from the Secretary of State, Failure to Pay the Current Year AlcoholicBeverage License Fee, and Failure to Receive Clearance from the Newport Tax CollectorCHAIRMAN WALUK moved the hearing be continued to the March 23'd council meeting.Seconded by COMMISSIONER NEVILLE and VOTED UNANIMOUSLY.7:12 P.M. ADJOURNEDKathleen M. SilviaCity Clerk,EVENT TITLEtrYPE:City ofNewport, Rhode IslandAPPLICATION FOR ASPECIAL EVENT LIIv'MtlJdcYAtltJ.ili' c!'.6!O}!;lltc4t!'17tPcJt: LOCATION OF EVENT:Date(s) of Event:Hours of Event:Holder of Event & DBA:Signature ofHolder of Event: I }1/tltlo1i;:J4Printed Name: IIJJIlIftt )/r;;fftJlfr- Title: IO;/;r;/R4/lA/Address of Holder of Event: Ifit), &'J)( tflJ1'0 .#t5u/lO,e.J; If.t: o.2iC;oBusiness Telephone: Ii0/ 161-1'16Z I Residence Telephone: I.62lJ fI2-(,275"Is Organization Non-Profit? I /I/o I Is Organization Religious? I /liD IIs there a charge for admission? I Ves I IJIlitg: Is event to be on City, State, or Private Property? ----------Name of Property Owner of Event Site: I cJ f lli...:--::.. _Co\luv\ t I 'V,r-ector /:: &eC'\OL\ tWAi-!s. \ HcJl J 1Y\i:Printed Name of Property owner:1--;::::============================Will Event be Indoors or Outdoors? IOutdoors(Include Plan)-----------,- _Signature of Property Owner:EVENTHOLDER _APPLICAnON FOR A SPECIAL EVENT LICENSE(Page 2)If Outdoors, will toilet facilities be =ye=s=====- _If so, location of toilet facilities:(Include on plan)Will a tent be erected?(Include on plan)COPY OF TENT PERMIT MUST BE ATTACHED.Expected Attendance: 1 20 ,000 . 1 3 ,500Seatmg Capacity: _Is parking available: I YesFor how many vehicles?CONCERT I_N_O _ Is staging or platform required? Amplification?List types of musical instruments:1 ----DANCE I_N_o__ DEEJAY I_N_o__ Amplification: 1 _SPORTING EVENT ILY_es__ Type: Men I B Professional Tennis TournamentSet-up Dates (Sporting events only):Will there be animals? IPLAYCARNIVALIf yes, what type:CIRCUS1 -------INoIf yes, types ofanimals:Type: I SHOW OR EXHIBITION: ILN_o__ OTHER (describe) 1 _Are required approvals attached, e.g., State, Recreation Dept.? LIN_I_A _Is a street closing being requested?Will food be prepared on the premises? I YesIf so, is Health Dept. Inspection Approval attached?Will LIQUOR be served?EVENT HOLDER ----,--APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)IYesIf yes, will you be applying for a Class F or F-l Liquor License? I YesIf not, will another's license be used?Ifso, whose? 1 _Will there be gambling, e.g., bingo, raffle, etc.? INo------'List Names of VendorsDo you have State Police Approval? ILN_O__Item to be FurnishedFor Retail Sales - Have you completed a "Promoter's Applicatiou For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)FIREWORKSDo you or the pyrotechnic have Newport Fire Marshal approval?Location from where fireworks will be shot:Time fireworks will begin: 1 _ Duration: 1'-- ----'NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expeuse.ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s) c=JHas notification been made to residents along the route? __Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE:LOCATION OF EVENT: International Tennis Hall of Fame @ Newport CasiooCity ofNewport, Rhode Island 'APPLICATION FORA SPECIAL EVENT LICEN$EDATE: February 25, 2011EVENT TITLE/TYPE:Newport Jazz Festival Opening Night i\ ... MAn 1 4 i'DP ",J' / \'" "rIDate(s) ofEvent: Augnst 5, 2011 I-------Hours ofEvent: 8:00 PM - 11:00 PM, doors open, 6:30 PM I-----Holder ofEvent & DBA: INewport Festivals Foundation, Inc.Title: IFestival DirectorJill DavidsonPrinted Name: Signature ofHolder ofEvent:Address ofHolder ofEvent: 100 Cummings Center, Suite 327J, Beverly, MA01915I978-927-9656Residence Telephone: -'Is Organization Religious? I_N_O _B T I h 1978-338-5664usmess e ep one: L- ....JIs Organization Non-Profit? IL_'t_es _Isthere a charge for admission? 1_'t_cs 1 IPrivateIs event to be on City, State, or Private Property? ----------------------'Name ofProperty Owner ofEvent Site: IInternational Tennis Hall ofFame/\ '---------------------Signature ofProperty Owner: I (I lin IT,c \Avr\.. _Printed Name ofProperty Owner:Will Event be Indoors or Outdoors? IOutdoors w/in venue(Include Plan) EVENT HOLDER c- __APPLICATION FOR A SPECIAL EVENT LICENSE(page 2)If Outdoors, will toilet facilities be provided? I'--Y_es _If so, location oftoilet facilities:(Include on plan)Will a tent be erected?(Include on plan)Expected Attendance: I 3,000COPY OF TENT PERMIT MUST BE ATTACHED.Seating Capacity: 1_3_,_80_0 _Is parking available: NO For how many vehicles? N/ACONCERT I_Y_e_s_------' Is staging or platfonn required? I_Y_e_s__ Amplification? I_Y_e_s__List types of musical instruments:Piano, Bass, Dnuns, Brass, Woodwinds, Vocals, etc.DANCE I_N_O__ DEEJAY IL-_N_O __ Amplification: IL_N_/A ------'SPORTING EVENT INo Type: I_N_I_A -----------JSet-up Dates (Sporting events only): _N..,.I_A --'PLAY Ifyes, what type: I_N_I_A --'ICARNIVAL I No I cmcus INo Will there be animals? I_N_O_--,If yes, types of animals: INIA SHOW OR EXHIBITION: INo _OTHER (describe) 1 _Are required approvals attached, e.g., State, Recreation Dept.? IL_N_/A_Is a street closing being requested? IL_N_O _Will food be prepared on the premises? IL._N_O ---'If so, is Health Dept. Inspection Approval attached? 1L._N_1A__...JWill LIQUOR be served?EVENTHOLDER_-=-===-:-::=:-=:-::--=======-=APPLICATION FOR A SPECIAL EVENT LICENSE(Page 3)IYesIf yes, will you be applying for a Class F or F- I Liquor License?If not, will another's license be used?If so, whose? IInternational Tennis Hall of FameI YesWill there be gambling, e_g., bingo, raffie, etc.? ILN_O_---'List Names of VendorsDo you have State Police Approval? IN/AItem to be FurnishedFor Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957) In process.FIREWORKSDo you or the pyrotechnic have Newport Fire Marshal approval? IN/A------Location from where fireworks will be shot:IN/ADuration:Time fireworks will begin: '_N_I_A _NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s)Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)SPECIFIC ROUTE:EVENTHOLDER -=-=-=-=---:-c====-=-=====-====-==APPLICATION FOR A SPECIAL EVENT LICENSE(Page 4)V '1-\ \-c J"'\ I \ 1\.......\......) I J L.c"--/ \ \........... CITY OF NEWPORT, RHODE ISLANDAPPLICATION TO HANG BANNERS OVER THE PUBLIC RIGHT-OF-WAYDATB:L - Z I,': 'i') I .. ,,. "1TO THE HONORABLE COUNCIL OF THE CITYOF NEWPORT:/;liil [., ,A I, . . h b d h b b h b ".. , h" h MAH 2 ?011pp !Cation IS ere y rna e to ang a anner or anners over t e pu c .No, of Banners: I 5 Dates: fl l- - (-j f- I 5 ,Ci,: r J(No earlier than three weeks before event; removal within three days after event)Location:Size and Description of Banner (include photo or drawing): . 3 '/'2.. X 30Applicant:d/b/a: Signature of Applicant: _Printed Name: =-'IL"'''-LIJ-.LJ"-....--LC01....L-=-".,..Ltl.uo"'0""lf"'o..lS _Address: __ Business Tel. No. 1-/01 - 'fr'-f 7 -fo9:f7 Home Tel. No. _************************* For Office Use Only ************************Property Owner(s) Approval Rec'd: National Grid & RIDOT Approvals Rec'd, if applicable: _Date paid: _Date: _Insurance Certificate Rec'd (City of Newport named as certificate holder; $1 million personal bodily injury;$2million general aggregate coverage):$15.00 Filing Fee paid: 3/'t.-[e.c\\ :JfV\1-K. ,License Fee ($20 per day): $ _Council Action: _Date License Issued; _c' U; li,; !! \" CITY OF NEWPORT, RHODE ISLAND, : APPLICATION TO HANG BANNERS OVER THE PUBLIC RIGHT-OF-WAY!i '., '"1 ' I['U 0/ i DATE, --J_1'1-,--,,--' 1-,--1--TdifBEHONORABLE COUNCIL OF THE CITY OF NEWPORT:Application is hereby made to hang a banner or banners over the public rights of way.No. ofBanners: L{ l) Dates: J \) I'H Z0 '. Jv \ j I0 I Z() II(No earlier than three weeks before event; removal within three days after event)Location: 5\"C+ ect Cvp 1 Lcl\j \,Jht> fYrl'. 1l'1 i&tr.-f'l1\, MAR 1 1 Clean City Program, :.:. __.. .. ......-mrvOF NIEWPoRT,RI(Per section n,-24:8.Y;fJfr.,elt,4q__ =itI '..&,",1, ,f'JlPCiLflfJusmessOwmJr; '. C'Business Address; i:2r'}fi:I t:.r (jZ..tq11BuslnelSs Phone .,z.!b{2 .__, er;BY14I1:-.B.OHnCKSSfiOU1.O Illf.' MAl'JI!iPAYAeLE TO; "CITY OF' pL.EASe RETURN & PEE ElY JUNE 9, 2010 TO:GIIY Ol" NEWPORt, p;nN: CLEANCIW PROGRAMeo HALSEY stREET, NSVVPOR't,F:I02840After your applicationIs apprOVed by the City of Newport's City Coullcil, h$uler dllCUI$ will P", m",\lllo arId musl t. affixed to each vJisisAS iisteEl iA GAallter 11, TAe Psliies sf tAe OeaA SAMP Forpurposes of CZMA federai consistency reviews of federal license or permit applications forOffshore Developments proposed to be sited in state waters. the state only applies. the Section1160 regulatory standards. However. for State permitting purposes, Offshore Developmentsproposed to be sited in State waters are bound by both the General Policies (1150) andRegulatory Standards (1160) listed in Chapter 11, The Policies of the Ocean SAMP. Where theCouncil determines that impacts on the natural resources or human uses of the SAMP areathrough the pre-construction, construction, operation, or decommissioning phases of a projectconstitute Significant adverse impacts, the Council shall require that the applicant modify theproposal to avoid and/or mitigate the impacts or the Council shall deny the proposal."8. If the Council approves the aforementioned change, the same change must be made inChapter 11, section 1150.7 (General Policies), #3, as follows:"3. Offshore Developments proposed to be sited in state waters shall not have a significant. adverse impact on the natural resources or existing human uses described in the Ocean SAMP.Offshore developments proposed to be sited in federal waters are subject to the licensingfederal agencies' legal authorities and the enforceable policies of the federally-approvedRICRMP through the CZMA Federal Consistency authority. O#SAsre geveisIlfAeAts are aSCIAElay all tAe allllliaale IlrsvisisAS listeEl iA GAallter 11, TAe Psliies af tAe OeaA SAMP Forpurposes of CZMA federal consistency reviews of federal license or permit applications forOffshore Developments proposed to be sited in state waters, the state only applies the Section1160 regulatory standards. However. for State permitting purposes, Offshore Developmentsproposed to be sited in State waters are bound by both the General Policies (1150) andRegulatory Standards (1160) listed in Chapter 11, The Policies of the Ocean SAMP. Where thePage 14 of 27Council determines that impacts on the natural resources or human uses of the SAMP areathrough the pre-construction, construction, operation, or decommissioning phases of a projectconstitute significant adverse impacts, the Council shall require that the applicant modify theproposal to avoid and/or mitigate the impacts or the Council shall deny the proposal."9. Revise Chapter 8 section 860.2.1 (Regulatory Standards, which are EnforceablePolicies) #1 to clarify the distinction between General Policies and RegulatoryStandards as applied through federal consistency:"1. All Offshore Developments regardless of size, including energy projects, which are. proposed for or located within state waters of the Ocean SAMP area, are subject to the policiesand standards outlined in Sections 1150 and .1160 (except, as noted above, Section 1150policies shall not be used for CRMC concurrence or objection for CZMA Federal Consistencyreviews!. For the purposes ofthe Ocean SAMP, Offshore Developments are defined as:"10. If the Council approves the aforementioned change, the same change must be madeto Chapter 11, section 1160.1 (Regulatory Standards, which are Enforceable Policies)#1, as follows:"1. All Offshore Developments regardless of size, including energy projects, which are proposedfor or located within state waters of the Ocean SAMP area, are subject to the policies andstandards outlined in Sections 1150 and 1160 (except. as noted above, Section 1150 policiesshall not be used for CRMC concurrence or objection for CZMA Federal Consistency reviews).For the purposes of the Ocean SAMP, Offshore Developments are defined as:"11. Move items 860.2.1 #3 and 4 out of section 860.2.1, Regulatory Standards (for CZMApurposes, "Enforceable Policies"), and into section 860.1, General Policies, to clarifythe distinction between the two, as follows:Delete items #3 and 4 from 860.2.1, Regulatory Standards ("Enforceable Policies" per CZMA):"3. To R'lIRiR'llze fjerR'littiRg iRefficieRcies aRe! streaR'lIiRe tRe review fjrocess for offsRore wiRe!eRNgy e!evelofjR'leRts, tAe CO"lRcii sAail ae!ofjt a forR'lat of reg",latory review similar to tAereg",latioRs of tAe U.S. [lefjartmeRt of tAe IRterior's g",rea", of OceaR ERergy MaRageR'leRt,Reg",latioR aRe! ERforceR'leRt for offsAore WiRe! eRergy. All e!oC"'R'leRtatioR reEl"'iree! at tAe timeof ai3fjlicatioR sAail ee siR'lIIar witA tAe reEl",iremeRts followee! ey tAe U.S. [lei3artR'leRt of tAeIRterior g",rea", of OeeaR ERergy MaRagemeRt, Reg",latioR aRe! ERforeemeRt WAeR iss"'iRgrCRewaele eRNgy leascs OR tAe O",ter CORtiReRtal SAelf, For fmtAer e!etails OR tAcsercg",latioRs sec 30 CFR 285 et seE/.""q. To tAe mal!lR'l"'R'l el!tcRt i3racticaelc, tAc CO"'Rcii sAail coore!iRate wit A tAe ai3i3roi3riatefcEleral aREl statc agcRcies to estaelisA J3rojcct 5i3ccific reEl",ircmeRts tAat sAail ee tollovJee! eyPage 15 of 27tRe elbiriAg tRe SSAStrblstisA, sSAstrblstisA, aAEI elessFAFAissieAiRg sf aR OffsRere Ts tRe FAal(iFAblFI'1 BlEteAt tAe CebiRsii sAall werll iAseereliAatieA '.... itR a JeiAt AgeAS". 'JlJerhiAg Grebil'! wReA estalalisRiAg seAstrblstieA sblrve,; aAEIelata reElbliremeAts, meAiteriAg reElbliremeAts, 13retesels aREI mitigatieA measblres fer a OffsRere QeveIS13meAt. TAe JeiAt AgeAsy WerlliAg Grebl13 sAall sem13rise tAese stateaAelfeeleral ageAsies tRat Raye a regbllatery relateel te tAe aswell as tRe NarragaAsett IAeliaA Trllaal Misteris PreservatieA Offise. TRe ageAs". eftRis werlliAg FAa,; eliffer eA tRe I9rel'!eseel Iablt will geAerall,; iA6Iblele tAeleael feeleral ageAs.,. .... itR jblriselistieA ever tAe I9rejest aAEI tRe CRMC . TReI9re seAstrblstieA Sblrl'e'( reEjbliremeAts ebitliAeel 11'1 SestisA 860.2.3.1(1} ma,;lae reelblseel fer sFAallssale effsRere as tRe JeiAt AgeAsy 'J'lerIIiAg Add new items #11 and 12 to 860.1, General Policies:"11. To minimize permitting inefficiencies and streamline the review process for offshore windenergy developments. the Council shall adopt a format of regulatory review similar to theregulations of the U.S. Department of the Interior's Bureau of Ocean Energy Management.Regulation and Enforcement for offshore wind energy. All documentation required at the timeof application shall be similar with the requirements followed by the U.S. Department of theInterior Bureau of Ocean Energy Management. Regulation and Enforcement when issuingrenewable energy leases on the Outer Continental Shelf. For further details on theseregulations see 30 CFR 285 et seq.""12. To the maximum extent practicable. the Council shall coordinate with the appropriatefederal and state agencies to establish project specific requirements that shall be followed bythe applicant during the pre-construction. construction. operation and decommissioning phasesof an Offshore Development. To the maximum extent practicable, the Council shall work incoordination with a Joint Agency Working Group when establishing pre-construction survey anddata requirements. monitoring requirements, protocols and mitigation measures for aproposed Offshore Development: The Joint Agency Working Group shall comprise those stateand federal agencies that have a regulatory responsibility related to the proposed project. aswell as the Narragansett Indian Tribal HistoriC Preservation Office. The agency composition ofthis working group may differ depending on the proposed project. but will generally include thelead federal agency with primary jurisdiction over the proposed project and the CRMC. The pre-construction survey requirements outlined in Section 860.2.5.1(1) may be reduced for small-scale offshore developments as specified by the Joint Agency Working Group."12. If the Council approves the aforementioned change, the same change muSt be madeto Chapter 11, Policies of the Ocean SAMP, as follows:Delete items #3 and 4 from section 1160.1, Regulatory Standards ("Enforceable Policies" perCZMA):"3. Te FAiAiFAi.e iAeffisieAsies aAEI streaFAIIAe tRe review fer sffsRere WiAEIeAergy ae'Jels!3mel'1ts, tAe CebiAsii sAall aels!3t a fsrmat sf reg"latsr,; reylew similar te tAePage 16 of 27regijlatleAs af the Y.S. gei3artFAeAt af the IAteriar's af DeeaA gAerg',' MaAageFAeAt,RegijlatiaA aAEI gAfareeFAeAt far affshare wiAEI eAergy, All ElaeijFAeAtatiaA at the tiFAeaf ai3i3lieatiaA shall i3e siFAIIar with the fallaweEi i3y the Y,S. gei3artFAeRt af theIRteriar Bijreaij af DeeaA EAergy MaAageFAeAt, RegijlatiaA aREI gRfareeFAeRt wheR reRe.....ai3le eAergy leases aR the CaAtiAeAtal Shelf. Far Eletails SA these see 30 CFR 28 et seE/.""q. Ta the e)(teAt i3raetieai3le, the shall essrEliAate ....ith the ai3l'lrsi3riatefeEleral aREI state ageAeies ta estai3lish i3rejeet si3eeifie that shall i3e falls.....eEl i3ythe ai3i3lieaAt the we si3eratiaR aREI EleesFAFAissiaRiRg i3hasessf aR Dffshare ge\'elai3FAeRt. Ta the e)(teRt i3raetieasle, the shall .... arl! iA. easrEliRatiaA ..... ith a JaiRt AgeRey Warl!iAg wheR estai3lishiAg i3re sijrvey aREIElata reEjijireFAeAts, FAaRltariRg i3rataeals aREI FAitigatiaR far ai3rsi3aseEi Dffshare gevelai3FAeAt. The JaiRt AgeRe.,. WarlliAg shall eaFAi3rise thsse stateaAEI feEleral ageAeies that have a resi3sAsii3ility relateEi ta the i3rai3aseEi i3rajeet, aswell as the NarragaAsett IAEliaR Trisal J.listarie Preser\'atiaA Dffiee. The ageRey eaFAi3ssitiaR afthis warlliRg FAay Elifter Elei3eREliAg aR the i3rai3aseEi i3rejeet, s"t will geAerally IRel"Ele theleaEi feEleral ageRey with i3riFAary j"risElietiaR aver the i3rai3aseEi i3rejeet aREI the CRMC . Thei3re eaAstrijetiaA s"rve.,. reEj"ireFAeRts a"WReEi iR SeetlaR 860.2.3.1(i) FAay i3e reElijeeEl far sFAallsea Ie affshare Elevelai3FAeRts as si3eeifieElsy the JaiRt AgeRe.,. WarlliRg Gra"i3."Add new Items #9 and 10 to 1150.7, General Policies:"9. To minimize permitting inefficiencies and streamline the review process for offshore windenergy developments, the Council shall adopt a format of regulatory review similar to theregulations of the U.S. Department of the Interior's Bureau of Ocean Energy Management,Regulation and Enforcement for offshore wind energy. All documentation required at the timeof application shall be similar with the requirements followed by the U.S. Department of theInterior Bureau of Ocean Energy Management, Regulation and Enforcement when issuingrenewable energy leases on the. Outer Continental Shelf. For further details on theseregulations see 30 CFR 28S et seq.""10. To the maximum extent practicable, the Council shall coordinate with the appropriatefederal and state agencies to establish project specific requirements that shall be followed bythe applicant during the pre-construction, construction, operation and decommissioning phasesof an Offshore Development. To the maximum extent practicable, the Council shall work incoordination with a Joint Agency Working Group when establishing pre-construction survey anddata requirements, monitoring requirements, protocols and mitigation measures for aproposed Offshore Development. The Joint Agency Working Group shall comprise those stateand federal agencies that have a regulatory responsibility related to the proposed project. aswell as the Narragansett Indian Tribal Historic Preservation Office. The agency composition ofthis working group may differ depending on the proposed project, but will generally include thelead federal agency with primary jurisdiction over the proposed project and the CRMC, The pre-construction survey requirements outlined in Section 860.2.5.1(1) may be reduced for small-scale offshore developments as specified by the Joint Agency Working Group."Page 17 of 2713. Revise sections 860.2.2 Areas of Particular Concern, 860.2.3 Areas Designated forPreservation and 860.2.4 Other Areas, and associated figure labels (both in chapterand in table of contents) as follows to clarify that these standards only apply to thosesites/areas within state waters:Revisions to Section 860.2.2 (Regulatory Standards):"1. Areas of Particular Concern (APCs) have been identified in state waters through the OceanSAMP process with the goal of protecting areas that have high conservation value, cultural andhistoric value, or human use value from Large-Scale Offshore Development. These areas may belimited in their use by a particular regulatory agency (e.g. shipping lanes), or have inherent riskassociated with them (e.g. unexploded ordnance locations), or have Inherent natural value orvalue assigned by human interest (e.g. glacial moraines, historic shipwreck sites). Areas ofParticular Concern have been identified by reviewing habitat data, cultural and historic featuresdata, and human use data that has been developed and analyzed through the Ocean SAMPprocess. Currently designated Areas of Particular Concern are based on current knowledge andavailable datasets; additional Areas of Particular Concern may be identified by the Council inthe future as new datasets are made available. Areas of Particular Concern may be elevated toAreas Designated for Preservation in the future if future studies show that Areas of ParticularConcern cannot risk even low levels of Large-Scale Offshore Development within these areas.Areas of Particular Concern include;""2. The Council has designated the areas listed below in section 860.2.2.3 in state waters asAreas of Particular Concern. All Large-scale, Small-scale, or other offshore development, or anyportion of a proposed project, shall be presumptively excluded from APCs. This exclusion isrebuttable if the applicant can demonstrate by clear and convincing evidence that there are nopracticable alternatives that are less damaging in areas outside of the APC, or that the proposedproject will not result in a significant alteration to the values and resources of the APC. Whenevaluating a project proposal, the Council shall not consider cost as a factor when determiningwhether practicable alternatives exist. Applicants which successfully demonstrate that thepresumptive exclusion does not apply to a proposed project because there are no practicablealternatives that are less damaging in areas outside of the APC must also demonstrate that allfeasible efforts have been made to avoid damage to APC resources and values and that therewill be no significant alteration of the APC resources or values. Applicants successfullydemonstrating that the presumptive exclusion does not apply because the proposed projectwill not result In a significant alteration to the values and resources of the APC must alsodemonstrate that all feasible efforts have been made to avoid damage to the APC resourcesand values. The Council may require a successful applicant to provide a mitigation plan thatprotects the ecosystem. The Council will permit underwater cables, only in certain categories ofAreas of Particular Concern, as determined by the Council in coordinatioll with the Joint AgencyWorking Group. The maps listed below in section 860.2.2.3 depicting Areas of ParticularConcern may be superseded by more detailed, site-specific maps created with finer resolutiondata."Page 18 of 27"3. Areas of Particular Concern that have been identified in the Ocean SAMP area in statewaters are described as follows.""4. Developers proposing projects for within the Renewable Energy Zone as described in section860.2.2 shall adhere to the requirements outlined in 860.2.2.2 regarding Areas of ParticularConcern in state waters, including any Areas of Particular Concern that overlap the RenewableEnergy Zone (see Figure 8.S0)."Figure labels:Figure 8.46 Offshore Dive Sites designated as Areas of Particular Concern in state waters.Figure 8.47 Glacial Moraines designated as Areas of Particular Concern in state waters.Figure 8.48. Detailed view: Glacial Moraines surrounding Block Island designated as Areas ofParticular Concern in state waters.Figure 8.49. Navigation, military, and infrastructure areas designated as Areas of ParticularConcern in state waters.Figure 8.50. Recreational Boating Areas Designated as Areas of Particular Concern in statewaters.Figure 8.S1. Areas of Particular Concern overlapping the Renewable Energy Zone in statewaters.Revisions to Section 860.2.3 (Regulatory Standards, which are Enforceable Policies):"1. Areas Designated for Preservation are designated in the Ocean SAMP area in state watersfor the purpose of preserving them for their ecological value. Areas Designated for Preservationwere identified by reviewing habitat and other ecological data and findings that have resultedfrom the Ocean SAMP process. Areas Designated for Preservation are afforded additionalprotection than Areas of Particular Concern (see section 860.2.2) because of scientific evidenceindicating that Large-Scale Offshore Development in these areas may result in significanthabitat loss. The areas listed in Section 860.2.3.1 are designated as Areas Designated forPreservation. The Council shall prohibit any Large-Scale Offshore Development, mining andextraction of minerals, or other development that has been found to be in conflict with theintent and purpose of an Area Designated for Preservation. Underwater cables are exempt fromthis prohibition. Areas designated for preservation include:"Figure 8.52. Sea Duck Foraging Habitat Designated as Areas Designated for Preservation in statewaters.Revisions to Section 860.2.4 (Regulatory Standards, which are Enforceable Policies):"1. Large-scale projects or other development which is found to be a hazard to commercialnavigation shall avoid areas of high intensity commercial marine traffic in state waters.Avoidance shall be the primary goal of these areas. Areas of High Intensity Commercial MarineTraffic are defined as having 50 or more vessel counts within a 1 km by 1 km grid, as in Figure. 8.53."Figure 8.53. Areas of High Intensity Commercial Ship Traffic in state waters.Page 19 of 2714. If the Council approves the aforementioned changes, the same changes are going toneed to be made in Chapter 11 sections 1160.2, 1160.3 and 1160.4 (RegulatoryStandards, which are Enforceable Policies) as follows:"1. Areas of Particular Concern (APCs) have been identified in state waters through the OceanSAMP process with the goal of protecting areas that have high conservation value, cultural andhistoric value, or human use value from Large-Scale Offshore Development. These areas may belimited in their use by a particular regulatory agency (e.g. shipping lanes), or have inherent riskassociated with them (e.g. unexploded ordnance locations), or have inherent natural value orvalue assigned by human interest (e.g. glacial moraines, historic shipwreck sites). Areas ofParticular Concern have been identified by reviewing habitat data, cultural and historic featuresdata, and human use data that has been developed and analyzed through the Ocean SAMPprocess. Currently designated Areas of Particular Concern are based on current knowledge andavailable datasets; additional Areas of Particular Concern may be identified by the Council inthe future as new datasets are made available. Areas of Particular Concern may be elevated toAreas Designated for Preservation In the future if future studies show that Areas of ParticularConcern cannot risk even low levels of Large-Scale Offshore Development within these areas.Areas of Particular Concern include:""2. The Council has designated the areas listed below in section 1160.2.3 in state waters asAreas of PartiCular Concern. All Large-scale, Small-scale, or other offshore development, or anyportion of a proposed project, shall be presumptively excluded from APCs. This exclusion isrebuttable if the applicant can demonstrate by clear and convincing evidence that there are nopracticable alternatives that are less damaging in areas outside of the APC, or that the proposedproject will not result In a significant alteration to the values and resources of the APC. Whenevaluating a project proposal, the Council shall not consider cost as a factor when determiningwhether practicable alternatives exist. Applicants which successfully demonstrate that thepresumptive exclusion does not apply to a proposed project because there are no practicablealternatives that are less damaging in areas outside of the APC must also demonstrate that allfeasible efforts have been made to avoid damage to APC resources and values and that therewill be no significant alteration of the APC resources or values. Applicants successfullydemonstrating that the presumptive exclusion does not apply because the proposed projectwill not result in a significant alteration to the values and resources of the APC must alsodemonstrate that all feasible efforts have been made to avoid damage to the APC resourcesand values. The Council may require a successful applicant to provide a mitigation plan thatprotects the ecosystem. The Council will permit underwater cables, only in certain categories ofAreas of Particular Concern, as determined by the Council in coordination with the Joint AgencyWorking Group. The maps listed below in section 1160.2.3 depicting Areas of ParticularConcern may be superseded by more detailed, site-speCific maps created with finer resolutiondata.""3. Areas of Particular Concern that have been identified in the Ocean SAMP area in statewaters are described as follows."Page 20 of 274. Developers proposing projects for within the Renewable Energy Zone as described in section1160.1.2 shall adhere to the requirements outlined in 1160.1.2 regarding Areas of ParticularConcern in state waters. including any Areas of Particular Concern that overlap the RenewableEnergy Zone (see Figure 8.50).Figure labels:Figure 11.2 Offshore Dive Sites designated as Areas of Particular Concern in state waters.Figure 11.3 Glacial Moraines designated as Areas of Particular Concern in state waters.Figure 11.4. Detailed vieW: Glacial Moraines surrounding Block Island designated as Areas ofParticular Concern in state waters.Figure 11.5. Navigation, military, and infrastructure areas designated as Areas of ParticularConcern in state waters.Figure 11.6. Recreational Boating Areas Designated as Areas of Particular Concern in statewaters.Figure 11.7. Areas of Particular Concern overlapping the Renewable Energy Zone in statewaters.Revisions to Section 860.2.3 (Regulatory Standards, which are Enforceable Policies):"1. Areas Designated for Preservation are designated in the Ocean SAMP area in state watersfor the purpose of preserving them for their ecological value. Areas Designated for Preservationwere identified by reviewing habitat and other ecological data and findings that have resultedfrom the Ocean 5AMP process. Areas Designated for Preservation are afforded additionalprotection than Areas of Particular Concern (see section 1160.2) because of scientific evidenceindicating that Large-Scale Offshore Development in these areas may result In significanthabitat loss. The areas listed in Section 1160.3 are designated as Areas Designated forPreservation. The Council shall prohibit any Large-Scale Offshore Development, mining andextraction of minerals, or other development that has been found to be in conflict with theintent and purpose of an Area Designated for Preservation. Underwater cables are exempt fromthis prohibition. Areas designated for preservation include:"Figure 11.8. Sea Duck Foraging Habitat Designated as Areas Designated for Preservation in statewaters.Revisions to Section 860.2.4 (Regulatory Standards, which are Enforceable Policies):"1. :Large-scale projects or other development which is found to be a hazard to commercialnavigation shall avoid areas of high intensity commercial marine traffic in state waters.Avoidance shall be the primary goal of these areas. Areas of High Intensity Commercial MarineTraffic are defined as having 50 or more vessel counts within a 1 km by 1 km grid, as in Figure11.9."Figure 11.9. Areas of High Intensity Commercial Ship Traffic in state waters.Page 21 of 2715. Revise the description of necessary data and information per the CZMA in section860.2.5 (Regulatory Standards, which are Enforceable Policies), #1, as follows:"1. For the purposes of this document. the phrase "'necessary data and information'" shall referto the necessary data and information required for federal consistency reviews for purposes ofstarting the Coastal Zone Management Act (CZMA) 6-month review period for federal license orpermit activities under 15 C.F.R. part 930, subpart D, and DCS Plans under 15 C.F.R. part 930,subpart E, pursuant to 15 C.F.R. 930.58(a)(2). Any necessary data and information shall beprovided before the 6-month CZMA review period begins for a proposed project. Fsr tAe sf tAis tAe f'lAraSe 'AeeeSSaf'I elata aREI iAfsrmatisA' sAali refer te tAeAeeSsary a3ta aRe iRferlTlatisA rJl:firea fer feaeral 8RSistcRSY aeterlTliRatisAS '=lASer tABCsastal :lsAe MaRagemeAt Aet (C:lMA) (see Hi CFR 93Q.58). AA'{ Aeeessar'I elata aREIiAfsrrAatieA sAali ae f'lrs'/Ieleel aefere tAe 6 mSA.tA C:lMA review f'lerisel aegiRs fer a f'lref'lsseelf'lrejeet.Jt should be noted that other federal and state agencies may require other types ofdata or information as part of their review processes."16. If the Council approves the aforementioned change, the same change must be made inChapter 11, section 1160.5 (Regulatory Standards, which are Enforceable Policies) #1,as follows:"1. For the purposes of this document. the phrase '''necessary data and information'" shall referto the necessary data and information required for federal consistency reviews for purposes ofstarting the Coastal Zone Management Act (CZMA) 6-month review period for federal license orpermit activities under 15 C.F.R. part 930, subpart D. and DCS Plans under 15 C.F.R. part 930,subpart E, pursuant to 15 C.F.R. 930.58(a)(2). Any necessary data and information shall beprovided before the 6-month CZMA review period begins for a proposed prolect. Fsr tAeJ3l:fFf38ses sf tRis aeebHTlcRt, tRe f3RraSe 'Rccessary aata 3Ra iRfenTlatieR' sRall refer t8 tReAeeessary elata aAEI iAfermatieA fer feeleral eSAslsteRey eletermiRatieAs tAeCeastal :leRe MaAagemeAt Aet (C:lMA) (see 15 CFR 93Q.8). AA't' ReeeSSaf'{ elata aAEIiAfermatleA sAali ae f'lrevieleel aefere tAe 6 mSRtA CMA review f'lerleel aegiRs fer a f'lref'leseelf'lrejeet,Jt should be noted that other federal and state agencies may require other types ofdata or information as part oftheir review processes."17. Revise section. 860.2.8 (Regulatory Standards, which are Enforceable Policies) #9,Standards for Construction Activities, to address a potential "incorporation byreference" Issue; per OCRM comments, an enforceable policy cannot incorporate byreference another enforceable policy:"9. All pile-driving or drilling activities shall comply with any mandatory best managementpractices established by the Council in coordination with the Joint Agency Working Group andwhich are incorporated into the RICRMP."Page 22 of 2718. If the Council approves the aforementioned change, the same change must be made InChapter 11 section 1160.8 (Regulatory Standards, which are Enforceable Policies) 119 asfollows:"9. All pile-driving or drilling activities shall comply with #Ie- any mandatory best managementpractices established by the Council in coordination with the Joint Agency Working Group andwhich are incorporated into the RICRMP."19. Move section 860.3, Recommended Targets, into section 860.1, new 1112 (i-iii) toclarity that it is not a regulatory standard ("enforceable polley" for CZMA purposes)but a general polley, as follows:Delete section 860.3:869.3 ReeeA1A1eRaea Targets:1. TAe feliewiRg are geals tAat strive fer. TAese are Ret staRaaras at tAis tiA1e are targets try te A1eet wAere te alleviate peteRtial aaverse 2. A geal fer tAe 'NiRa farA1 aRa eperater is te Aave Reise freA1wiRa average less tAaR er te 199 aB re 1 !'lPaa iR aR'( 1/3 estave saRa at araRge of lQg fAe1:ers at fl:lll13ower 13reabistisA.3. TAe aRa eRaeaver te tAe raaiatea airsefAeReise freA1 tAe \'liRa 4. A A1eRiteriRg systeA1 sptieal aRa stAer seRssrs seestaslisAea Rear tAese faeilities te tAe effeets.Insert new 1112 (i-iii) in section 860.1, General Policies:"12. The following are industry goals that projects should strive for. These are not requiredstandards at this time but are targets project proponents should try to meet where possible toalleviate potential adverse impacts:i. A goal for the wind farm applicant and operator is to have operational noise fromwind turbines average less than or equal to 100 dB re 1 uPaz in any 1/3 octave band at arange of 100 meters at full power production.ii. The applicant and manufacturer should endeavor to minimize the radiated airbornenoise from the wind turbines.iii. A monitoring system including acoustical, optical and other sensors should beestablished near these facilities to quantiN the effects."Page 23 of 2720. If the Council approves the aforementioned change, the same change will need to bemade in Chapter 11 as follows:Delete section 1160.10:l1fiQ,1:Q Targe's1. TAe fslls.vIRg are iRablstr'" gsals tAat sAsbila strive fer. TAese are Ret reEfblireastaRaaras at tAis tirAe l3b1t are targets sAsbila try te rAeet wAere tsalleviate aaverse 2. A geal for tAe wiRa farrA aRa is to Aave Rsise frorA wiRatblrl3iRes average less tAaR or eEfbial to 199 aB re 1 flPa..iR aRy 1/3 osta'le l3aRa at a raRge sf 199rAeters at tblll 3. TAe aRa rAaRblfastbirer sAsbila eRaeavor to rAiRirAize tAe raalatea airl30FAe RsisefrorA tAe wiRa tblrl3iRes.4. iI rAsRitsriRg systerA iRslbiaiRg assblstisal, aRa stAer seRssrs l3e estal3lisAeaRear tAese fasilities ts EfbiaRtify tAe effests.Insert new item #11 (i-iii) in section 1150.7, General Policies:"11. The following are industry goals that projects should strive for. These are not requiredstandards at this time but are targets project proponents should try to meet where possible toalleviate potential adverse impacts:I. A goal for the wind farm applicant and operator is to have operational noise fromwind turbines average less than or equal to 100 dB re 11.lPaz in any 1/3 octave band at arange of 100 meters at full power production.ii. The applicant and manufacturer should endeavor to minimize the radiated airbornenoise from the wind turbines.iiI. A monitoring system including acoustical. optical and other sensors should beestablished near these facilities to quantify the effects."Page 24 of 27Chapter 11. Policies of the Ocean SAMP21. Revise Chapter 11, section 1100 (general findings/discussion), item #4 to clarifydistinction between general policies and regulatory standards:"4. This Chapter presents how the Ocean SAMP builds upon CRMC's existing program as well asdescribes implementation mechanisms that support the application of the adaptivemanagement approach. Section 11S0 presents all Ocean SAMP general policies, while Section1160 integrates the regulatory standards into a regulatory process that ensures the Council'sability to uphold its mandatory requirements. To review both general policies and regulatorystandards by topic area, please see that specific chapter. The "General Policies" in Section 1150are policies the CRMC applies through its various management and regulatory functions. butthe General Policies are not "enforceable policies" for purposes of the Federal Coastal ZoneManagement Act (CZMA) Federal Consistency provision (16 U.S.c. 1456 and 15 C.F.R. part930). For CZMA Federal Consistency purposes the General Policies are adVisory only andcannot be used as the basis for a CRMC CZMA Federal Consistency concurrence or objection.However. for State permitting purposes. Offshore Developments proposed to be sited in Statewaters are bound by both the General Policies (1150) and Regulatory Standards (1160) listed inChapter 11. The Policies of the Ocean SAMP. The "Regulatory Standards" in Section 1160 areenforceable policies for purposes of the Federal CZMA Federal Consistency provision (16 U.S.c. 1456 and 15 C.F.R. part 930), For CZMA Federal Consistency purposes the RegulatoryStandards. in addition to other applicable federally approvedRICRMP enforceable policies. shallbe used as the basis for a CRMC CZMA Federal Consistency concurrence or objection.22. Add to Chapter 11, Section 1100 (Introduction), new #5 and 6 as follows:"5. States. generally. do not have jurisdiction in federal waters and the federal Coastal ZoneManagement Act (CZMA) does not confer such lurisdiction. Therefore. in order to meet CZMArequirements. state plans. enforceable policies. and Areas of Particular Concern (APCs) mustonly apply to areas of state jurisdiction. The Ocean SAMP is a planning and regulatorycomponent for the State of Rhode Island and will be incorporated into the NOAA-approvedRhode Island Coastal Resource Management Program (RICRMP). As such. in order to meet theCZMA's definition of "enforceable policy" and NOAA's corresponding regulations. the OceanSAMP only applies to state waters (out to 3 nautical miles). The enforceable policies and APCsin a NOAA-approved Ocean SAMP will apply to activities in federal waters through the CZMAfederal consistency provision.""6. The Ocean SAMP includes studies of federal waters and identifies uses. resources and areasof federal waters. but these are technically not part of the Ocean SAMP; they are Included asincidental studies and areas of interest. The data and maps pertaining to federal waters are notenforceable components ofthe Ocean SAMP. However. the data and maps contain asubstantial amount of environmental. ecological. geologic. and human use information for statePage 25 of 27and federal waters and the state, federal agencies and applicants may choose to use thisinformation for environmental reviews (including reviews under the National EnvironmentalPolicy Act and coastal effects analyses under the CZMA). engineering Issues (e.g.. is the seafloormaterial compatible for a particular piece of equipment). and other planning and regulatorydecisions. The CRMC may use the data and maps for federal waters to assess coastal effects,but Rhode Isiand's CZMA federal consistency concurrence or objection must be based onenforceable policies contained in the NOAA-approved RICRMP."23, Revise Chapter 11, section 1150 (General Policies) #1 to clarify distinction betweenGeneral Policies and Regulatory Standards:"1. Ocean SAMP policies and regulatory standards represent actions the CRMC must take touphold its regulatory responsibilities mandated to them by the Rhode Island General Assemblyand the FeEleral (eastal ZeAe MaAageFAeAt Act CZMA to achieve the Ocean SAMP goals andprinciples described in the Introduction Chapter. The "General Policies" in Section 1150 arepolicies the CRMC applies through its various management and regulatory functions, but theGeneral Policies are not "enforceable policies" for purposes of the Federal CZMA FederalConsistency provision (16 U.S.c. 1456 and 15 C.F.R, part 930). For CZMA Federal Consistencypurposes the General Policies are adVisory only and cannot be used as the basis for a CRMCCZMA Federal Consistency concurrence or objection. However, for State permitting purposes.Offshore Developments proposed to be sited in State waters are bound by both the GeneralPolicies (1150) and Regulatory Standards (1160) listed in Chapter 11. The Policies of the OceanSAMP, The "Regulatory Standards" in Section 1160 are enforceable policies for purposes of theFederal CZMA Federal Consistency provision (16 U.S.c. 1456 and 15 C.F.R. part 930), ForCZMA Federal Consistency purposes the Regulatory Standards, in addition to other applicablefederally approved RICRMP enforceable policies, shall be used as the basis for a CRMC CZMAFederal Consistency concurrence or objection. Policies presented for cultural and historicresources, fisheries, recreation and tourism, and marine transportation promote and enhanceexisting uses and honor existing activities (Goal Ii, Principle iii). Ecology, global climate change,and other future uses information and policies prOVide a context for basing all decisions on thebest available science, while fostering a properly functioning ecosystem that is both ecologicallysound and economically beneficial (Goal i, Principle iV), Renewable energy and offshoredevelopment policies and regulatory standards ensure there is a rigorous review for all oceandevelopment so that the Council meets its public trust responsibilities. The Ocean SAMP alsoprovides thoughtful direction to encourage marine-based economic development that meetsthe aspirations of local communities and is consistent with and complementary to the state'soverall economic development, social, and environmental needs and goals (Goal iii). Allchapters work towards establishing frameworks to coordinate decision-making between stateand federal management agencies and the p ~ o p l e who use the Ocean SAMP region (Goal iv),developing in a transparent manner (Principle i), and promoting adaptive management(Principle i). Ocean SAMP policies are all important to ensuring that the Ocean SAMP region ismanaged in a manner that both meets the needs of the people of Rhode Island, whileprotecting and restoring our natural environment for future generations."Page 26 of 2724. Revise Chapter 11 section 1160 (Regulatory Standards, which are Enforceable Policies)#1 to clarify the distinction between general policies and regulatory standards asapplied through federal consistency:"1. This section contains all the regulatory standards outlined by the Ocean SAMP. Theregulatory standards have been organized according to the following stages: application;design, fabrication and installation; pre-construction; construction and decommissioning and;monitoring. Section 1160.1, Overall Regulatory Standards, applies to all stages of development.The regulatory standards contained within all previous chapters of the. Ocean SAMP documenthave been incorporated into this section based upon the applicable stage of development. The"Regulatorv Standards" in Section 1160 are enforceable policies for purposes of the FederalCZMA Federal Consistency provision (16 U.S.c. 1456 and 15 C.F.R. part 930). For CZMAFederal Consistency purposes the Regulatory Standards. in addition to other applicablefederally approved RICRMP enforceable policies shall be used as the basis for a CRMC CZMAFederal Consistency concurrence or objection."Ocean SAMP Appendices25. We propose the following new language be added to the beginning of the Ocean SAMPappendix of technical reports as a preamble to this document. We propose this out of anabundance of caution, to clarify that the technical reports are not regulations that would needto be subject to public review per the Administrative Procedures Act:"PREAMBLE.The technical reports included in the Ocean SAMP appendix are based on ongoing researchconducted by URI researchers, and will be updated on an ongoing basis as new data and resultsbecome available. For the most up-to-date versions of these technical reports. please refer tothe RI Coastal Resources Management Council website athttp://www.crmc.ri.gov/sampocean.html...Page 27 of 27STATE OF RHODE ISLANDCOASTAL RESOURCES ..._.._...._. ."cc"Oliver Stedman Government Center4808 Tower Hill Road; Suite 3, Wakefield, RI 02879-1900In accordance with and pursuant to the provisions ofthe "Administrative Procedures Act" (Section42-35-3 of the General Laws of Rhode Island.) and the Rule and Regulations of the Coastal ResourcesManagement Council, notice is hereby given of the intention of the Coastal Resources ManagementCouncil to change the management plans, policies, procedures and regulations of the agency regardingplanning and management of the coastal resources of the State relative to Chapter 46-23 of the State ofRhode Island.The following changes are proposed:I,''.'-:-J- .. ,i.JTable 4a. Dwellin Rebuilds and Additions for Maintenance Activities under Section 300.14All Structural Alterations other than will be Required to:Move Beyond the 50 foot Setback Area andMeet RI State Building Code RequirementsStructural AlteratiouCantilever DecksDecks on RoofsRoofUne ChangesIfFoundation is NOT Compliant and:1. Rebuild In-kind2. OtherSection 210.7 (Dunes): Existing StructuresWithin 50 foot setback Landward of 50 foot setbackAllowed: Maximum 25sq.ft. at a minimum of 8 feetabove grade (in 50 foot Allowedsetback area only)Allowed: providedmaximum 100 sq. ft and Allowedwithin existing footprint ofroof (no new overhang)Allowed: provided no newrooms are created: no newlivable space is created: no Allowedadditional stories are added:does not result in a changeto the existing footprintAllowed provided RI StateProhibited Building Code and all otherRICRMP requirements are metProhibitedIfFoundation ISFEMA Compliant and:I. Rebuild In-kind2. Add 2ndFloor3. Demolition andAdd 2ndFloor4. OtherAllowed (as Maintenance')ProhibitedProhibitedProhibitedAllowed provided RI StateBuilding Code and all otherRICRMP requirements are met.'On Moderately Developed and Undeveloped Barriers, only in-kind maintenance is allowed. If a lot can support it, the structuremay be moved back and elevated in accordance with RI State Building Code requirements. However, in-kind rehuild is still onlyallowance.These are for typical maintenance activity reviews, however, avariance may be required iferosion setbacks are farther landward thanthe 50-foot dune setback. In unusual circumstances, the Executive Director may invoke the maintenance provision allowances ofSection 300.14. This table is for residential structures which are intact and functional at the time of application. It shall not beapplicable for structures which have been destroyed 50%or more by coastal storms. Structures which have beendestroyed 50%or moreby coastal storms will be processed as newapplications under the appropriate sections ofthe RICRMP and applicable SAMPs. Relieffrom this table requires aSpecial Exception. Where an activity is indicatedas "allowed" it must also meet all other applicable RICRMPrequirements.I If structure is within the 50 foot setback area, and cannot relocate beyond 50 foot setback area, application will be deter mined tobe a Maintenance activity and the structure will be allowed to be rebuilt in-kind provided it meets current RI State Building Codeand all other applicable RICRMP requirements.Purpose: to propose minor maintenance activity allowances for existing structures on developedbarriers that are within dune setback areas.Section 300.6 - Treatment of Sewage and StormwaterA. DefinitionsI. Sewage: Pursuant to R.I.a.L. 46-12-1, sewage means "fecal material and human waste, or wastesfrom toilets and other receptacles intended to receive or retain body waste, and any wastes, includingwastes from human households, commercial establishments, and industries, and stonn water runoff... "For purposes of the Coastal Resources Management Program, "sewage" is further defined to includefreshwater discharges, including stonnwater runoff that may significantly alter the salinity oftidalwaters or salt ponds; the tenns "wastewater" and "septage", as defined by the DEM OWTS Rules; anddischarges of heated waters to tidal waters of the state.2. Onsite wastewater treatment systems (OWTS): means any system of piping, tanks, dispersal areas,alternative toilets or other facilities designed to function as a unit to convey, store, treat or dispersewastewater by means other than discharge into a public sewer system.3. Point sonrce discharges: means any diseernible, confined, and diserete conveyance, including, but notlimited to, any pipe, ditch, charmel, tunnel, conduit, well, discrete fissure, container, rolling stoek,concentrated animal feeding operation, or vessel or other floating craft from which sewage is or may bedischarged.4. Sewage treatment plants: sewage collection and treatment facilities, including state, municipal, orprivately owned and operated collection, pumping, treating, disposal or dispersion facilities designed forthe treatment of sewage from residences, commercial buildings, industrial plants and institutions,together with any groundwater, surface water, or surface runoff that may be present in the waste stream.5. Stormwater rnnoff: that portion of precipitation that does not naturally infiltrate into the landscape(e.g., without human influence) but rather travels overland as surface flow. It is also commonl