Regular Monthly Meeting May 7, 2009

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Dan Haas
Charlotte Lubbert
Kurt Riegel
Joe Rubino
Jeff Schomig (via conference call)
Bob Whitcomb
Scott Hymes, MD DNR (Ex officio)
Veronica Jagoe for AACo.Councilman Benoit (Ex officio)
Sam Shropshire, City Council (Ex officio)                                

Guests and Staff:

Kelly Davis, Environmental Consultant to Shropshire
Brenda Reiber, AACo. County Executive’s Office
Brenda Weeks, AACo. DPW/WERS

Members Absent:

Debra Smith
Virginia P. Clagett, MD House Delegates (Ex officio)       

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:02 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present.

Vlavianos noted that Schomig emailed to her a decision regarding the Open Meetings law that is upheld in the case City of New Carrollton V. Rogers, (1980).  While the Act does not afford the public any right to participate in meetings, it does assure the public the right to observe the process and the making of decisions by the public body at an open meeting. For future reference at the beginning of the meeting, guests will have a total of three minutes to address items already on the agenda; and new items will be addressed at the end of the meeting during Public Input. Riegel presented the Chair with a gavel (a hand-painted crab mallet) to help keep order as the presiding officer.

GUEST SPEAKER

Mr. Jim Johnson from AACo. Inspection & Permits (I&P)/ Forestry, SRC members, guests and staff were introduced. Chair Vlavianos stated Mr. Johnson had been invited to talk to the Commission about tree cutting regulations and guidelines on the water’s edge.

Mr. Johnson started his briefing by pointing out there are several instances where the county typically approves tree removal along the water’s edge. The first, and most obvious, are large trees on the tops of steep banks that are leaning. He distributed some photographs taken in his travels demonstrating the damage that a large tree that has fallen along the shoreline does as far as creating an erosion hazard. The photos showed trees toppled into the water with roots so much exposed the rather steep slopes behind the trees were destabilized. Another situation, not quite as obvious, showed a bank fracture with several large trees removed to get the weight off of the slope to keep the bank from sliding any further. 

Mr. Johnson noted the irony is that tree root systems are superior for erosion control up to a point; however when you get about 20-30% of the root system exposed on a bank, you need to start thinking about taking a tree down. The stump is required to remain because those roots will stay alive for up to five years and the matrix will still be there and continue to hold the soil even after the roots are dead. Replanting is required to replace what is removed. 

Another instance typically is if there is not enough sunlight getting to the shoreline, the county might allow selective tree removal and certainly tree pruning to let more sunlight in. The county does not allow tree removal along the shoreline unless the tree is a hazard to a pier or boat, or unless it is diseased or dead.  Pruning is allowed if done by a licensed tree expert using sound horticultural practices. Clearing for a view or a lawn and topping of a live tree are not allowed.  If the top of a live tree is dead, the dead portion may be removed.

In response to numerous questions, Mr. Johnson stated that the geology of the Severn River watershed is such that there are trees on top of steep bluffs in most areas. It’s important to remember the county does not have a policy to rid the shoreline of any river system of all the trees that are along the edge of the shoreline. The county is typically responding to requests from citizens to remove trees and, based on requests, he has given a thumbnail sketch of what the county allows. Commission members are concerned about allowing what appears to be removal of a large number of healthy trees that do not pose a danger to a structure but are just leaning toward the water. Mr. Johnson explained each request is evaluated based on the hazard of pulling a large “chunk” of bank into the water. This may not be an emergency but if the situation can be prevented from occurring by removing a tree and leaving the root system, it is justifiable. Replanting is required but, unfortunately, enough mitigation is not possible to represent that large tree’s root system. If appropriate, trees would be used for re-vegetation but shrubs or understory trees may be encouraged. 

Mr. Johnson noted that denials to requests to remove trees are frequent. A number of criteria are used. The degree of lean is one.  Some trees along steep banks or the edge of forests are not necessarily leaning but are growing out toward the light (an arc in the trunk shows if it’s growing out toward the light vs. leaning). A second criterion is trees that are moving visibly as far as sway. The sway loosens the soil around the root ball. A judgment call is necessary to determine how much of the root ball is exposed and if the tree needs to come out now or can it wait for two or three years. The county is looking at the severity of lean and the exposure of roots and if taking the tree down can be prevented. Pruning can often be recommended to keep the weight and the sway out of the tree and let it go for a while before it is removed. The forestry staff often consults with each other to decide a particular approach to a request.

Mr. Johnson pointed out that some of the tree removal incidences described by SRC members are out of the realm of the county’s standard vegetation management plan and may be part of an approved building or grading permit. Whitcomb feels the county needs to explain under these circumstances what permits are granted on what basis and what mitigation is requested and how it is implemented. SRC’s desire is to protect the shoreline. Schomig, Riegel and Whitcomb will provide documentation to Mr. Johnson who will look into the examples of buffer degradation. 

When asked by property owners, Mr. Johnson said the county cannot require but can make suggestions and recommendations how to save a tree and/or to stop erosion. Leaving tree branches and trunks of felled trees can provide erosion control and habitat along the water but can also cause navigation problems if it goes into the water. A suggestion was made to set up a shoreline mitigation program, partly educational, where property owners would be required to pay for the traditional tree thinning and cutting they really should not be doing and put it into a shoreline mitigation fund to be used to restore shorelines and use the county as a mechanism to help. Mr. Johnson noted that a more extensive permitting process would need to be established. The county’s present vegetation management plan is purposely meant to be simple.  He suggested contacting the State Critical Area Commission with the idea.     

 Commission members thanked Mr. Johnson for the very useful information he provided and was told he would be hearing from SRC as a body. Mr. Johnson noted that SRC’s concerns can help develop county policy.

MINUTES

The Minutes for the April 2, 2009, regular monthly SRC meeting was presented for approval. No corrections or changes were made.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE APRIL 2, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION, WAS MADE BY LUBBERT AND SECONDED BY WHITCOMB.  THE MOTION WAS  PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED AS WRITTEN.

1. Clagett was unable to attend due to another environmental meeting; Schomig participated via conference call; and Smith was absent.
2. Vlavianos has a DVD on Native Species that was prepared by the Anne Arundel County Forestry Board. If anyone is interested in a copy, see Lubbert.
3. County Inspections & Permits will use the global positioning system (GPS) to locate complaints of Critical Area enforcement violations.
4. A letter, drafted by Whitcomb, was sent to Mr. Douglas Hart, AACo. Acting Health Officer, requesting information on the success of the implementation of the Bay Restoration Program in the County.

Critical Area Legislation (CA)

Some ideas discussed by SRC members for future action were:  (1) creation of an incentive program to protect rather than cut down trees in the Critical Area and (2) creation of a shoreline mitigation program for reestablishment of living shoreline.

Schomig reported that the work on the County CA regulations has stalled for the present.

Schomig noted Mr. Bob Winchester, AACo. I&P, responded to two questions/issues he had posed by email.  In response to the first question, Mr. Winchester stated the County currently utilizes the County Police Department’s Aviation Unit, not the State’s, for aerial work for both Code Compliance and Zoning Enforcement investigations where land access is not available, or denied by the property owner.   Addressing the second issue, Mr. Winchester responded that the county does not have a formal program but has encouraged the practice of a leniency program where a person who agrees to cooperate with a CA violation investigation would be rewarded.  Schomig feels the County is operating about as well as it can on enforcement.  The CA hotline used for reporting environmental violations is now prominently displayed on the website.

Articles 16/17 Revisions

Riegel reported that the stormwater management committee would be meeting in June.

Annapolis

Shropshire reported that the City’s Critical Area study has been completed and is available.  He will see that each SRC member receives a copy.

The Commission is still interested in follow up on how the initiatives suggested at the Annapolis Watershed Forum will be implemented and their success.

Shropshire invited SRC to celebrate the opening of the Stormwater Education Experience (SEE) at Back Creek Nature Park on Thursday, May 28, 2009 at 2:00 p.m.  In partnership with MDE, Back Creek Nature Park features a working stormwater control system with interactive learning stations including a faux beaver dam, water pumps and eco-paver parking lot.  Eighteen on-site learning stations educate local school children and families from around the region about how stormwater run-off and other naturally occurring events help or harm our waterways, including the Chesapeake Bay.

General Development Plan (GDP)

Hornor presented the final draft of the County’s GDP distributed last week.  She indicated that this draft has some beneficial changes but the Special Advisory Committee (SAC) is still not in agreement on the committee report.  She feels that most of the SAC will submit their own comments rather than sign the committee report.  Hornor noted that a lot of the topics/concerns SRC addressed are in the report.  The Planning Advisory Board gave a positive response to the report. 

Following a brief discussion and Hornor’s recommendation, SRC agreed to take a formal position and will add SRC’s signature to the final SAC report.  SRC complimented Hornor for the fantastic job she has done while serving on the SAC.

MOTION:  A MOTION, THAT SRC ADD THEIR SIGNATURE OF APPROVAL TO THE FINAL SPECIAL ADVISORY COMMITTEE’S REPORT TO THE PLANNING ADVISORY BOARD FOR THE FINAL DRAFT OF THE GDP, WAS MADE BY HORNOR AND SECONDED BY WHITCOMB.  THE MOTION PASSED BY UNANIMOUS VOTE.

Jabez Environmental Overlay Zone

Vlavianos reported Mr. Tom Burke, AACo. Office of Planning & Zoning, has reviewed the language and background to the Jabaz Overlay Zone and is presently working on legislative language to make sure it is consistent with the County Code.  Chris Victoria’s, AACo. DPW/WERS, white paper on Jabez brook trout was provided to Mr. Burke and will be forwarded to Councilman Jamie Benoit.

Whitcomb reported his nitrogen-reducing septic system has been installed.  The system will be tested pre use and post use for removal capabilities. 

Whitcomb will draft an update to website information on nitrogen-reducing septic systems.

Lubbert reported the SRC website had 1,151 hits in April. 

The Maryland Department of the Environment 18th Groundwater Symposium will be Wednesday, September 30, 2009, in Baltimore.

Lubbert will check the County website to see if information about the AACo. Environmental Hotline is readily and easily available for general public access.

Hymes reported that KCC Properties’ (Jabez Branch) development plans were rejected by AACo. Office of Planning & Zoning.  New plans must incorporate infiltration using new techniques.

MD Grow Oysters is seeking waterfront properties willing to grow oysters in cages.

This will be the major topic of discussion in June. Vlavianos will ask Schomig to review the Act, intentions of the Act, and its enforcement powers.  She will provide relevant information to SRC members. The Commission needs to decide what to do, if anything.

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 6:40 p.m.  The next monthly SRC meeting is scheduled for Thursday, June 4, 2009, 4:00 p.m., in the Severn Room (4th floor), 2664 Riva Road.