Members Present: Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Charlotte Lubbert
Joe Rubino
Jeff Schomig
Michael Shultz
Bob Whitcomb
Virginia P. Clagett, MD House Delegates (Ex officio)
Scott Hymes, MD DNR (Ex officio)
Veronica Jagoe for AACo. Councilman Benoit (Ex officio) Guests and Staff: Sara Caldes, Severn Riverkeeper Program
Albert Johnston, Greater Severna Park Council
Ed Peters, AACo. Department of Health
Fran Phillips, AACo. Department of Health
Jay Prager, MDE
Craig Williams, MDE
Brenda Reiber, AACo. County Executive’s Office
Brenda Weeks, AACo. DPW/WESR Absent: Dave Hanson
Debra Smith
Sam Shropshire, City Council (Ex officio) CALL TO ORDER Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:05 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was present. Guest speakers and guests were introduced and welcomed. GUEST SPEAKERS Ms. Frances Phillips and Mr. Ed Peters of the AACo. Department of Health and Mr. Jay Prager and Mr. Craig Williams from Maryland Department of the Environment were invited to discuss septics and wastewater issues in the County. Ms. Phillips distributed the May 2008 Maryland Department of Health & Mental Hygiene newsletter and referenced the article “Recreational Water Illnesses & Prevention." The article gives a really good overview of recreational water illnesses, the kind of microorganisms that run into problems and some protection measures. The Recreational Waters Program is sampling 24 sites on the Severn River for enterococci bacteria for the 2008 summer swim season. As yet no advisories or closures have been posted on the Severn River for 2008. A voluntary electronic sign-up to receive Recreational Water Quality E-mail Alerts is available on the Health Department’s website and will provide the subscriber with information on recreational water closures and advisories. Mr. Peters began his PowerPoint presentation about the County’s implementation of the Bay Restoration program for septic systems by explaining the Bay Restoration Fund (BRF). Sometimes called a “flush” tax, fees are collected and used to reduce nitrogen pollution. Money goes to upgrade wastewater treatment plants, septic systems, and to farmers planting cover crops to reduce nitrogen loss from the soils. Sixty percent of the money collected annually by the State is earmarked for septic system upgrades. AACo. was awarded 2.6 million through 2008 and can fund the installation of about 130 systems at an average cost of $17,000. Out of 40,000 septic systems in the County (about 26 percent of all housing units), nearly one-third is in the Critical Area. Not only failing septic systems but also properly functioning septic systems deposit nitrogen into the groundwater. To be approved for BRF, nitrogen-reducing units should remove at least 50 percent of the nitrogen before the wastewater enters the drain field. Upgrading to nitrogen-reducing treatment units reduce nitrogen pollution to the groundwater, surface water and the Bay. Cleaner water goes to the drain field, thus there is less organic matter to clog soils and this may prolong the life of drain fields or even rejuvenate failing drain fields. BRF priority funding is given for failing systems in the Critical Area. The Fund will pay for repair or upgrade situations (full cost) and additions to homes (50% of cost). MDE maintains a list of systems that are currently approved for use under BRF. Mr. Peters showed slides of three types of nitrogen-removing units that have been used in the County and described how they each work. In closing, he noted one-page applications for the BRF are available at the Health Department, Division of Environmental Health. During the discussion, numerous questions were answered. The cost of a new drain field is not covered by the BRF. Repairs and upgrades qualify in AACo. Additions to homes must meet site requirements and get 50% funding. The average cost for a drain field is $3,000-$4,000. Costs of the units average a little over $18,000 and include quarterly sampling and a five-year service contract. Over 1,000 nitrogen-reducing units are installed in the County. More applications were received in June than any other month this year. Presently, BRF promotion involves newspaper advertisements, contact and presentations to community associations, press releases and talking with people who come in or contact the Health Department about failing septic systems. The cost of maintenance for a system is a concern as this can vary from $200-$600 per year. Pump-outs for standard systems are recommended every 3-5 years and only cost around $200. With more takers, there would more providers and the cost could go down. There is a place for both cluster and nitrogen-reducing systems. Some communities may not meet requirements for cluster systems. With cluster systems, operation and maintenance can be done in one place. Who maintains the cluster system is an issue. Ms. Phillips feels the Health Department can do more and better outreach through the new public information division. Because of the nitrogen issues, Rhode Island has wide legislative measures in place requiring upgrades at point of sales, property transfers, inspections every three years, and pump-outs. Other states and jurisdictions are now requiring upgrades, pump-outs and inspections. Queen Anne’s County is now requiring all new and all replacements systems in the Critical Area use nitrogen-reducing systems. Queen Anne’s County just passed a five-year mandatory pump-out for the entire county. “Catchy” promotion for the nitrogen-reducing septic systems was suggested. Ms. Phillips can be contacted by email if additional questions arise. Vlavianos noted the presentation/discussion was most interesting and informative, and thanked Ms. Phillips, Mr. Peters, Mr. Prager and Mr. Williams. MINUTES The Minutes for the June 5, 2008, regular monthly SRC meeting was presented for approval. MOTION: A MOTION, TO APPROVE THE MINUTES FOR THE JUNE 5, 2008, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION, WAS MADE BY HORNOR AND SECONDED BY WHITCOMB. THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED. ANNOUNCEMENTS / CORRESPONDENCE - Hanson and Smith were unable to attend this meeting.
- John Page Williams and Pierre Henkart will present the “State of the Severn” report at the August 7, 2008 SRC meeting.
- The County Code Article 16 updated draft for floodplain management, erosion and sediment control and stormwater management is on the County website. Comments were due by June 30.
- Vlavianos will wait to invite Margaret McHale (Critical Area Commission) and Mike Malinoff (Annapolis) to speak on the newly enacted Critical Area update and sea level rise, respectively, until the schedule for the Jabez Overlay Zone is established.
- On behalf of SRC, Vlavianos sent a letter to Ginger Ellis, AACo. Public Works WESR, requesting relevant information on the Jabez to help better assess which parcels would be most affected by the proposed environmental overlay.
OLD BUSINESSSpecial Committees Reports: Critical Area Legislation (CA) Schomig thanked SRC members for their helpful advice to changes in the letter he drafted supporting oyster restoration in Asquith Creek and generally in the Severn. Following a brief discussion, it was emphasized that artificial reefs in Maryland have successfully created additional shellfish and finfish habitat. Given the staggering costs of addressing the many serious issues impacting water quality in the County’s waterways, the relatively modest cost of creating oyster reefs strikes the Commission as a sound investment. This letter will be sent to the County Executive with copies to Chairman Vitale, Anne Arundel County Council; the Chesapeake Bay Foundation (CBF) and Mayor Moyer, City of Annapolis, under Schomig’s signature on behalf of SRC. MOTION: A MOTION, THAT SCHOMIG’S LETTER WITH CHANGES SUPPORTING OYSTER RESTORATION BE SENT TO THE COUNTY EXECUTIVE WITH COPIES TO COUNTY COUNCIL, CBF AND THE CITY OF ANNAPOLIS, WAS MADE BY LUBBERT AND SECONDED BY WHITCOMB. THE MOTION WAS PASSED BY UNANIMOUS VOTE. Hornor explained that Melvin Bender, a previous head of the Planning Advisory Board, has formed a group to bring together riverkeepers, communities and other environmental groups to recommend changes to the CA legislation. Hornor and Schomig recently met with the group where CA legislation was divided into topics to be addressed individually and then will be put together with recommended changes to present to the Critical Area Commission (CAC). The group is presently trying to expand and to decide how to best proceed now that the State legislation is completed. Schomig noted the CAC now needed to make regulations that are going to govern the way the County implements the law. It may take years before the County fully implements the State law. This group will meet again in August. Ms. Brenda Reiber, County Executive’s Office, distributed copies of a media announcement stating County Executive Leopold is adopting a “zero tolerance” enforcement policy for work performed in the CA area that does not comply with State and County laws. Schomig expressed concern about issues involving barges being tied up indefinitely and rip-rap/dirt being dumped in Hopkins Cove. He is waiting to hear from MDE and will report to SRC at the August meeting. Education/Communication – No one was present to report.\ Jabez Branch Jabez: Vlavianos reported that DNR recently conducted an electrofishing survey of the Left and Right Forks. Young-of-year trout were found but no adults. It is assumed they are in deep pools on the main stream north of Route 32 where a beaver dam is established. An unusually high volume of sand was seen on embankments and in pools on the Left Fork. Environmental Overlay Zone: As previously mentioned, SRC sent a letter to Ginger Ellis requesting delineation of the 200 ft. buffer and identification of unbuildable land. Hornor and Vlavianos will be meeting with Larry Tom, AACo. Planning & Zoning Officer, to discuss the Jabez overlay and to request information available through Planning & Zoning about zoning for lots in the proposed buffer, current land use, topo maps and protected land information. Naval Academy Dairy Farm: Vlavianos reported the consultant presented a comprehensive site analysis at the June 23 Advisory Committee meeting. Steep slopes of 10% to over 15% are a concern on the 140-acre Hammond’s Connection and the 28 acres of wooded wetland west of Dairy Farm Road. Vlavianos is also concerned by some member suggestions to create an agri-tourism center on the farm that would seem to extend activity into the farm operation itself. Vlavianos cannot attend the July 29 Committee meeting but will prepare a statement for Lubbert to read on behalf of SRC. The statement will focus on water quality. General Development Plan (GDP) Hornor reported the next step in the GDP process is for the Special Advisory Committee (SAC) to deliberate on the finalized background reports and prepare recommendations for the County. The draft GDP will probably be ready by September with the opportunity for public comment/input at that time. At the August meeting, all SRC members should be prepared to discuss how the GDP policy vision could be legislated in such a way as to protect the Severn River watershed. Members were asked to read/review the appropriate reports (water resources, natural resources, land use) on the GDP website and have their comments/recommendations to Hornor in the next two weeks. The next SAC meeting is scheduled for July 14. Annapolis – No one was present to report. Website Lubbert reported the SRC website had 724 hits during June. Pollution, minutes and history were the most popular topics. Stormwater Utility Fund – There was nothing new to report. Impact Fees – There was nothing new to report. NEW BUSINESS Arrow Cove Hymes reported the Critical Area Commission has filed an amicus curiae brief supporting Elm Street Development in the Court of Appeals. A community representative made a plea for the SRC to write a letter requesting withdrawal of the brief. Following a lengthy discussion, this topic was tabled until the August meeting to have time to review SRC’s position on the case in past discussions and correspondence. Sullivan Cove Piers Hymes testified as a citizen at a MDE public hearing on Sullivan Cove piers where opposition was voiced to four separate piers being constructed. One of the concerns is blocking navigable waters. Schomig was asked to mention to SRC that some of those in favor of the piers have been victims of vandalism. Hymes will keep SRC updated. Salin Property Lubbert attended the Salin (green cathedral property) public hearing that was scheduled because of a request to change the age-restricted community to a 7-lot single-family subdivision. She is concerned about what may end up on a 40-acre lot in the subdivision and recommended that SRC needs to keep an eye on this project. PUBLIC INPUT There was no public input. ADJOURNMENT The meeting was adjourned at 7:10 p.m. The next monthly SRC meeting is scheduled for Thursday, August 7, 2008, 4:00 p.m., in the Severn Room (4th floor), 2664 Riva Road. | 
