Regular Monthly Meeting - October 4, 2007

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Scott Hymes
Charlotte Lubbert
Joe Rubino
Jeff Schomig
Debra Smith

Guests and Staff:

Jim Chance, AACo. Office of Law
Jonathan Hodgson,  AACo. Office of Law
Albert Johnston, Greater Severna Park Council
Brenda Weeks, AACo. DPW/WES

Absent:

Dave Hanson
Michael Shultz
Virginia P. Clagett, MD House Delegates (Ex officio) Ron Dillon, County Council (Ex officio)                Sam Shropshire, City Council (Ex officio)           

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission to order at 4:07 p.m. in the Chesapeake Room. A quorum was declared present. 

MINUTES

The Minutes for the September 6, 2007, regular monthly SRC meeting was presented for approval. No corrections or additions were made so the Minutes were approved as written.

MOTION: A MOTION, TO APPROVE THE MINUTES FOR THE SEPTEMBER 6, 2007, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION AS WRITTEN, WAS MADE AND SECONDED. THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED.

ANNOUNCEMENTS / CORRESPONDENCE

1. Hanson and Shultz will not be at today’s meeting due to other commitments.
2. Debra Smith’s appointment to SRC was confirmed by Annapolis City Council to complete Carrie Capuco’s term, which expires on January 31, 2008. Smith is to contact the City toward the end of the year for reappointment to a full three-year term.
3. Vlavianos announced that Jim Stein of the Anne Arundel Soil Conservation District hopes to have another Green Card training class in January, February, or March depending on how many people are interested. If interested, please contact Mr. Stein by email stein146@comcast.net). 
4. Commission members were reminded about the Jabez Branch walk on October 24, 2007 to be conducted by Chris Victoria, Anne Arundel County DPW. A headcount is needed for those interested if held the afternoon of October 24. Vlavianos will contract Mr. Victoria to confirm date/time and notify members.
5. Vlavianos reviewed the requirements/rules for a closed executive session and SRC members voted to go into closed executive session at 5:00 pm. for advice and counsel from the Anne Arundel County Office of Law regarding Critical Area laws/enforcement.

OLD BUSINESS

Schomig will email to Commission members copies of an interesting Law Review article, “Effective Policies for Land Preservation: Zoning and Conservation Easements in Anne Arundel County, Maryland,” by Seznec from the University of Virginia Law School. He noted that the article discusses the “takings” issue, the history of Critical Area legislation, zoning and conservation easements, granting variances, policy suggestions and how to improve.

Lubbert reported that Elvia Staller from the Spa Creek Conservancy and Carrie Capuco will join Hanson and her on the Education Committee. Hanson asked that all Commission members review the SRC website to see where improvements are needed (additions, comments, corrections, etc.) and report at the November meeting.

Lubbert also reported that the SRC website had 956 hits during the month of August and 1,071 hits during the month of September. Lubbert will see that the membership list is updated to include Smith and Shropshire, both newly appointed members, and will find out which topics on the site are accessed the most frequently. The SRC email address has been approved by the County and will be established on the County Web. 

Environmental Overlay Zone: Hornor reported that the Overlay Zone Committee met to refine legislative language. The most recent overlay working document has been updated to show input from everyone who is reviewing it, particularly comments from P&Z’s Development Division. Seep areas have been mapped. The County staff found no significant change in stream flow this summer despite weather conditions. The hydrology is critical for the stream and needs to be addressed. The next meeting has to be scheduled.

Naval Academy Dairy Farm: Vlavianos stated that Rubino had emailed two documents to SRC members regarding the Dairy Farm. She noted she would be reviewing both.

KCC Properties:  Hymes reported that King, the owner of the property, is willing to work with the County staff and SRC to produce environmentally sound stormwater management for the 12-acre site.  SRC’s letter to P&Z generated a request for DPW Watershed & Ecosystem Services to review and comment on the project utilizing the Watershed Management Tool. This has been done and Hymes will obtain a copy of the report from P&Z.  He will keep the Commission updated. 

Hornor reported that SRC received a thank you via email from Maryland Department of the Environment in response to SRC’s comment letter. The email also stated that the TMDLs of Fecal Coliforms comments for the Severn River were submitted to the Environmental Protection Agency in September.  Following EPA review, a decision regarding approval will be made and a letter of notification and the comment response document will be sent.

Chair Vlavianos announced that SRC will go into a closed executive session in the Chesapeake Room, 2664 Riva Road, at 5:00 p.m. In order to meet in a closed executive session, a recorded vote on closing the session must be conducted. The vote was conducted and the results were as follows:

The reason for closing the meeting was to receive legal advice and counsel on the County Critical Area law and enforcement thereof. Section 10508 of State Government Article of the Annotated Code of Maryland, Sub Section A7 which addresses the topic of consulting with counsel in order to obtain advice was cited for closing the meeting. The only topics to be discussed during this closed session are matters pertaining to the Critical Area legislation. Minutes of the closed meeting will be kept separately from these minutes. Schomig conducted the closed session. The following topics were discussed:  (1) Critical Area legislation, (2) regulatory takings, (3) variance granting process, and (4) SRC’s role at hearings. 

Schomig will write a letter to Jonathan Hodgson, AACo. Law Office, thanking him for addressing the Commission. He will also draft a letter to the County Executive requesting SRC to be included in the Critical Area Review Committee as an ex-officio member and circulate the draft to SRC member for comments. The closed session adjourned at 6:30 p.m.

This item was addressed under Education/Communication.

Hornor reported that the State-wide Bog Committee chair advised against expanding language to existing County Bog legislation. The State chair thinks that future bogs are adequately protected because of their wetlands status. Because of several questions brought up by members, Hornor will provide an update at the November SRC meeting.

Hymes reported that a new hearing is to be scheduled before the Board of Appeals for Fox Creek. He asked the Commission to give him the opportunity to represent SRC and to testify at the hearing.  Hymes will keep the Commission updated.

MOTION: A MOTION, THAT HYMES REPRESENT AND SPEAK FOR SRC AT THE BOARD OF APPEALS HEARING REGARDING FOX CREEK, WAS MADE AND SECONDED. THE MOTION WAS PASSED BY UNANIMOUS VOTE AND APPROVED.

NEW BUSINESS

Hornor announced that the Friends of College Creek Public Forum would be held on November 3, 8:30 to noon, at the Adams Academy, Adams Park Middle School.

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 6:50 p.m. The next regular monthly SRC meeting is scheduled for Thursday, November 1, 2007, 4:00 p.m., in the Chesapeake Room, 2664 Riva Road.