Regular Monthly Meeting June 5, 2008

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Dave Hanson
Joe Rubino
Jeff Schomig
Debra Smith
Bob Whitcomb
Scott Hymes
Sam Shropshire, City Council (Ex officio)
Virginia P. Clagett, MD House Delegates (Ex officio)                           

Guests and Staff:

Albert Johnston, Greater Severna Park Council
David Mauriello, Former SRC Member
Brenda Reiber, AACo. County Executive’s Office
Brenda Weeks, AACo. DPW/WES

Absent:

Charlotte Lubbert
Michael Shultz
Veronica Jagoe (Rep for AACo.Councilman Benoit

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:07 p.m. in the Severn Room, 2664 Riva Road. A quorum was present. Lubbert and Shultz were not present because of other commitments.

The Minutes for the May 1, 2008, regular monthly SRC meeting was presented for approval. Hanson requested an addition to the Minutes under Old Business/Discussion - Septic Systems, paragraph 5, end of first sentence:  “. . . and recommend legislation to require an upgrade to current septic systems to nitrogen removal systems at the time of property transfers.”

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE MAY 1, 2008, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION WITH THE ABOVE ADDITION, WAS MADE AND SECONDED.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED.

1. Reminder: The July SRC regular monthly meeting is scheduled for July 10 (2^nd Thursday) instead of July 3 because of the 4^th of July holiday.
2. Frances Phillips (AACo. Health Department) will address problems of bacteria and nutrient loading in the Severn River as related to septic systems at the July SRC meeting. Hymes will provide info to Vlavianos on how other counties are handling septic system problems.

OLD BUSINESS

Special Committees Reports:

Critical Area Legislation (CA): Schomig noted that he has nothing new to report on CA legislation.

Regarding House Bill 1253, Vlavianos pointed out she feels the SRC will be interested in details of the following changes: 200-foot buffer requirement for specific projects on RCA lands; licensing and violations by contractors and others; shore erosion protection; growth allocation, Commission authority to adopt regulations; lot coverage; variance procedures and enforcement.  Schomig expressed concern about the interpretation of the enforcement procedures.

Following a brief discussion, at Clagett’s suggestion, Vlavianos will ask Margaret McHale, Chairman of the State CA Commission, to speak to SRC on changes to the Critical Area Law with the passage of House Bill 1253.

Referring to the discussion on septics in the May SRC Minutes, Hanson said he was pleased to see that his recommendation to spend time reviewing the previous month’s speaker’s presentation was well received.

Agreeing that institutional memory is a valuable resource, Hanson suggested that a list of former SRC members be compiled. A list will be provided, and Hanson and Smith will develop and distribute a survey of relevant questions to former SRC members for their input.

Environmental Overlay Zone: Vlavianos reported the draft overlay zone (JOZ) has been completed with the cooperation and assistance of  DPW’s Watershed and Ecosystem Services. She noted the watershed management tool (WMT) has been invaluable in helping with the research. Vlavianos also referenced receipt of Councilman Benoit’s email in support of the overlay zone subject to addressing concerns about the specific effect of the proposal on certain property owners and the legality of a buffer which exceeds the constitutionally tested Critical Area Buffer. Regarding questions raised about Benoit’s comment on the “constitutional tested Critical Area Buffer,” Vlavianos will get clarification on when and where. Benoit’s email to Vlavianos will be included as part of this meeting’s records. 

The SRC is interested in seeing legislation that reflects the draft Jabez overlay language pass through the County Council and become law. As background, Hornor pointed out that all the restrictions under Stable Cold Water Ecosystem in the JOZ draft document (page 2) are necessary to preserve that particular ecosystem. Mauriello stated that SRC had really good cooperation from the County and SRC tried to borrow judicially from the Bog and Critical Area legislation in drafting this document.  He thinks that pushing this through to enactment will be a real milestone for SRC in that this will go a long way to setting a precedent for other cases. Hornor suggested “impervious cover” in the JOZ draft be changed to “lot cover” reflecting the specific new Critical Area language.

MOTION: A MOTION, THAT THE SRC SUPPORTS AND APPROVES THE DRAFT JABEZ OVERLAY ZONE AND THE JOZ COMMITTEE IS INSTRUCTED TO MOVE FORWARD THROUGH APPROPRIATE CHANNELS TO MATERIALIZE THE JOZ DRAFT LANGUAGE INTO LEGISLATIVE ACTION, WAS MADE BY HORNOR AND SECONDED BY HANSON.  THE MOTION WAS PASSED BY UNANIMOUS VOTE.

Naval Academy Dairy Farm

Vlavianos reported she attended the May 21 Committee meeting which was held on the Dairy Farm site to familiarize the Committee with the land layout. It was pointed out that the master planning process does include the entire

farm but the Committee’s focus will be addressing uses for the 130 acres of public access area rather than the farm and its operation. The next Committee meeting is scheduled for July 18.

Hornor reported the Housing, Natural Resources and Sea Level Rise reports were presented at the May 28 GDP/PAB, SAC meeting.  She noted members were unhappy because not enough time was allotted for discussion. Hornor complimented Janis Markusic, DPW/WESR, on her presentation of the Natural Resources report and recommended that SRC members read it.  She noted that the Sea Level Rise report presented by Ginger Ellis, DPW/WESR, was interesting. A brief discussion on sea level rise ensued.

Hornor and Vlavianos are unavailable to attend the June 9 meeting when reports on Community Services, Public Safety, and Transportation will be presented. Former SRC member David Mauriello will provide the Commission with the legal decision in Maryland challenging GDP guidance to local governments.

Shropshire reported that the City’s fertilizer legislation, restricting use of phosphorus within the City unless soil tests indicate it is needed, unanimously passed. Hornor spoke at City Council supporting the ban in the City on phosphate sales and use. 

Shropshire attended an ICLEI conference (International Council for Local Environmental Initiatives) where Mike Mallinoff presented a slide presentation on what Annapolis would be like under global warming. He suggested Mr. Mallinoff be invited to speak to SRC regarding the effect of global warming on sea levels. In addition, Shropshire noted NASA and NOAA websites provide valuable information on this issue. 

Shropshire will be introducing stormwater legislation in the fall for standards for existing structures, both residential and commercial--stormwater legislation is already in place for new construction. He hopes to be working with the Chesapeake Bay Foundation to write legislation and present it to City Council. Ninety percent of stormwater runoff within the City of Annapolis is from existing commercial and residential. Shropshire wants to encourage use of pervious materials to reduce runoff. Hymes suggested looking into the County’s tax credits for rain barrels and possibly including tax credits for rain gardens.

Hanson reported the City of Annapolis has recently been awarded an $80,000 contract for the Annapolis Watershed Study, similar to the Severn River Watershed Study. This unique study will focus on the four creeks that flow into the Scenic Severn River (Weems, College, Spa and Back). The study is expected to be completed by November 2008.

Website

A report will be presented at the July meeting.

Stormwater Utility Fund

There was nothing new to report.

Impact Fees

There was nothing new to report. Mr. Johnston noted the bill was withdrawn, and a new bill will be forthcoming in July.

NEW BUSINESS

Projects

The following projects were called to SRC’s attention:

1. The Court of Appeals has accepted the Arrow Cove case for presentation and review. Several variances were granted to allow building in the Critical Area.
2. MDE held a hearing regarding the Monticello II proposal, a nontidal wetland disturbance associated with a bridge across a branch of Saltworks Creek to allow access to a totally wooded area. All speakers at the hearing were opposed.
3. The Asquith Creek Oyster Reef project is a group of partners working together to build a three-acre sanctuary oyster reef on the Severn River near Asquith Creek.  This reef is expected to provide filtration and fish habitat value to the Severn River.  Following the discussion, SRC decided to write a letter to the County and the City expressing support of creating oyster reefs in the Severn River.

MOTION: A MOTION TO DRAFT AND SEND A LETTER TO THE COUNTY EXECUTIVE, COUNTY COUNCIL AND CITY OF ANNAPOLIS MAYOR IN SUPPORT OF THE CONCEPT OF THIS AND CONTINUED ARTIFICAL OYSTER REEFS IN THE SEVERN RIVER, WAS MADE BY SCHOMIG AND SECONDED BY WHITCOMB. THE MOTION WAS PASSED BY UNANIMOUS VOTE.

Public Service Information

The Recreational Water Quality E-mail Alert System will provide subscribers with information on recreational water closures and advisories. Go to www.aahealth.org and sign up for this free service from the Department of Health.

The 3^rd Annual Community Disaster Preparedness Meeting is scheduled for June 11, 2008 in the Pascal Auditorium at Anne Arundel Community College from 7:00 - 9:00 p.m. Will you know what to do when disaster strikes? Where will you get information?

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 6:30 p.m. The next monthly SRC meeting is scheduled for Thursday, July 10, 2008, 4:00 p.m., in the Severn Room (4th floor), 2664 Riva Road.