Regular Monthly Meeting - August 2, 2007

Members Present:

Lina Vlavianos, Chair
Carrie Capuco
Dave Hanson
Charlotte Lubbert
Jeff Schomig
Joe Rubino
Michael Shultz
Sam Shropshire, City Council (Ex officio)

Guests and Staff:

Albert Johnston, Greater Severna Park Council
Janis Markusic, AACo. DPW
Robert Miller, AA Soil Conservation District
Brenda Reiber, AACo. County Executive’s Office
Debra Smith, SRC member awaiting confirmation
Brenda Weeks, AACo. DPW

Absent:

Sally Hornor, Vice Chair
Scott Hymes
Virginia P. Clagett, MD House Delegates (Ex officio)
Ron Dillon, County Council (Ex officio)

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission to order at 4:05 p.m. A quorum was present.

GUEST SPEAKER

Vlavianos introduced Mr. Robert Miller, District Manager of the Anne Arundel Soil Conservation District. Mr. Miller began his presentation by explaining what the AASCD is, what it does, and then gave a history of the organization. Soil conservation districts were initially created across the country in the 1940s in response to farmers whose land was devastated during the Dust Bowl years. The AASCD came about in 1946 and is one of 24 soil conservation districts in Maryland. Historically the districts have focused on agriculture issues, and became primarily the conduit for not only best management practices on the farm but also for the delivery of federal services/money to farms. In the 1970s and early 1980s the focus turned to environmental issues dealing with erosion and sediment control. Soil conservation districts are political subdivisions of the state which, like counties and municipalities, are independent units of local government but, unlike counties and municipalities, exercise limited rather than general powers of local government. Districts strive to protect the integrity of the environment by managing land wisely through conservation practices. Mr. Miller emphasized that soil conservations districts cherish their independence. From a policy perspective, the district manager reports to an independent board of supervisors. 

Mr. Miller then addressed the new policy established by the AASCD requiring developers of properties in Anne Arundel County to adequately stabilize their construction sites early in the development process. The state sediment and erosion control manual emphasizes the need to minimize disturbance and maintain stabilized conditions. He pointed out other than that a site is not to be left un-stabilized for more than fourteen days there is nothing found in state law or the manual to assist in stabilizing a site. Recognizing this several years ago, the District started taking a serious look to determine how a better job could be done addressing internal site stabilization during construction. 

Mr. Miller distributed copies of Resolution 2007-3 Stabilization Requirements for Site Development that sets forth new requirements for sequence of construction. The sequence is only a guideline of the requirements. An alternative sequence of construction may be allowed for any particular project given unique site conditions and the nature of the proposed construction. Relief may be granted by an inspector from the need to stabilize the site at the end of a particular work day if unique circumstances exist that would create an undue hardship on the developer to stabilize the site and the inspector is convinced that weather conditions over the next 24 hours would not result in the creation of soil erosion or sediment movement within the site. The District will revisit these requirements within a year.

In response to numerous questions, the District Manager has the authority to withdraw the sediment and erosion control plan if it is not being adhered to. Inspectors enforce the construction sequence.  An erosion and sediment control plan is only needed if you are required to have a Grading Permit.  Prime sites have already been developed so more difficult sites are now being developed with more issues. Mass grading is a problem. The Commission members thanked Mr. Miller for and complimented him on his informative presentation.

NEW SRC MEMBERS

Sam Shropshire, the new Ex-Officio member representing the City of Annapolis, and Debra Smith, a nominee from the City awaiting a September confirmation as SRC’s new voting member, were introduced and welcomed. 

Mr. Shropshire, who fills the vacancy left by Mike Fox, pointed out that his interests are in working with public housing in the city, and legislation dealing with crime and the police department, and the plastic bags issue. He noted he is pleased to work on the Commission and welcomes any direction SRC might provide.

Ms. Smith, who will replace Capuco, noted that she became the new owner of Sarles boatyard and marina on Spa Creek about two years ago and is striving to be a part of the community. Prior to that she had a training and consulting firm. She is honored to serve on the Commission and is excited about SRC’s work.

MINUTES

The SRC meeting for July 2007 was cancelled due to the lack of a quorum. Minutes for the June 7, 2007, regular monthly SRC meeting was presented for approval. No changes were made so the Minutes were approved as written.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE JUNE 7, 2007, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION AS WRITTEN, WAS MADE AND SECONDED. THE MOTION WAS PASSED BY A UNANAMOUS VOTE AND THE MINUTES WERE APPROVED.

ANNOUNCEMENTS / CORRESPONDENCE

1. Hornor notified the Chair that she would not be attending the August meeting.  It was noted that Hymes was out of town.
2. In response to SRC’s July 2, 2007 letter asking that the Commission be included in the planning process as the future uses and physical improvements at the farm are deliberated, the County Executive requested that Chair Vlavianos serve on the Advisory Committee for the Naval Academy Dairy Farm project. The County and the Navy are presently negotiating a lease. It was noted that this may no doubt be a long, on-going process. Vlavianos will keep SRC updated.
3. Resolution 20-07, approved by the County Council, states that certain properties in Herald Harbor have been declared County surplus property and eventually will be passed to the Crownsville Conservancy.
4. Vlavianos and Hornor met with Anne Arundel County Planning & Zoning (P&Z) Officer Larry Tom and Assistant P&Z Officer Carole Sanner. The SRC’s role in the General Development Plan (GDP), integration of the Jabez Overlay Zone into the GDP, the extent the Watershed Management Tool will be utilized in the GDP, and productive interaction between P&Z and SRC were discussed.  Mr. Tom indicated that he has an “open-door” for the Commission. He hopes the GDP will be completed and before County Council by the end of 2008. He was amicable to giving SRC advance notice or briefings as the work progresses. Small area plans (SAP) recommendations will be integrated in GDP.  he Jabez overlay zone is part of the Odenton SAP recommendations. Mr. Tom is waiting for input from the DPW Watershed & Ecosystem Services Division to determine if the overlay zone is the best way to protect the Jabez. The watershed management tool will be utilized to the fullest extent possible in the GDP update.
5. A letter drafted by Hornor on behalf of SRC regarding TMDLs in the Severn River Watershed was sent to Maryland Department of the Environment.

OLD BUSINESS

As previously recorded in these Minutes, Hornor’s letter regarding TMDLs was sent to MDE. It was noted that the Severn River Association and other agencies also responded with strong comments to MDE.  During a discussion on how to proceed, it was pointed out that the state is required by statue to respond in a meaningful way to every comment received. It was doubtful that there would be an opportunity for additional public comment. Lubbert will check on the regulatory process. No further action is needed for the present. SRC will wait for a response from MDE.

Vlavianos reported that Hornor and she met with other members of the Jabez Overlay Zone Committee again on July 23, 2007. The purpose of this particular meeting was to review legislative language the Committee wants incorporated into anything that would be presented to County Council. It was pointed out that the Law Office, however, would draft the final language to include purpose, general provisions, definition and criteria. To properly protect the Jabez, maximum standards must be met rather than the normal minimum standards required. At the next meeting on August 6, the Soil Conservation District will be addressing sediment control and what is needed to make sediment control work. The Committee is meeting approximately once every two weeks to continue to refine issues. The County plans another assessment of groundwater sources in the Jabez Branch subwatershed.           

Hanson reported that the committee members had met recently. He gave a brief history of the Committee noting that their report was initiated in December 2006 when he suggested that the SRC should have a wider perspective of the entire river in light of the Severn Riverkeeper monitoring program project results. Concerns were expressed about the detrimental effects the expansion of the Medical Center, Annapolis Mall and the Detention Center have on Weems Creek. The Special Committee’s purpose was to expand the ability of SRC to more properly fulfill their advisory role to the County and the City.

Schomig reported that some form of formal follow-up is needed to keep communication/ education open between the SRC and the agencies/stakeholders who are resources for the Commission.  Another concern is how to organize the Commission so that it is dealing constantly with the issues affecting the watershed. During a lengthy discussion, SRC members decided that the Chair will create special committees to work with specific issues (TMDLs, Critical Areas, Communication/Education, and Jabez Overlay Zone).

MOTION:  A MOTION, THAT THE CHAIR SHALL ESTABLISH FOUR SPECIAL COMMITTEES TO REFLECT THE OVERALL SEVERN RIVER WATERSHED INTEREST TO INCLUDE: TMDLS, CRITICAL AREAS, COMMUNICATION/ EDUCATION, AND JABEZ OVERLAY ZONE, WAS MADE AND SECONDED. THE MOTION WAS PASSED BY UNANAMOUS VOTE.

The Committee Chairs are: TMDLs, Hornor; Critical Areas, Schomig; Communication/Education, Hanson; and Jabez Overlay Zone, Vlavianos. The Chairs are to report their objectives and how they will go about achieving the objectives at the September meeting.

Schomig will draft a letter for Vlavianos’ signature advising County P&Z that SRC has created a special Critical Area Committee with Schomig as Chair.

Schomig will invite Jonathan Hodgson (AA Co. Law Office) to discuss the "takings" issue at the October 4 SRC meeting. SRC will go into Executive Session to receive legal advice on the topic.

Capuco reported that the Annapolis Community Forum scheduled to present a comprehensive plan was cancelled twice because of bad weather.  The City plans to regroup and recreate their comprehensive plan.

Lubbert reported that the SRC website had 1,164 hits during the month of April; 1,817 in May; 2,231 in June; and 1,165 in July.  Resolution No. R-58-89 from the City of Annapolis reestablishing the SRC will be displayed on the website along with the other resolutions.

NEW BUSINESS

There was no new business.

PUBLIC INPUT

Lubbert reported that the Severn River Association is writing a letter to AACounty Planning & Zoning stressing the need to provide protection to the Arden Bog.

ADJOURNMENT

The meeting was adjourned at 6:28 p.m. The next regular monthly SRC meeting is scheduled for Thursday, September 6, 2007, 4:00 p.m., in the Chesapeake Room, 2664 Riva Road.