Regular Monthly Meeting June 4, 2009

Members Present:

Sally Hornor, Vice Chair
Dan Haas
Charlotte Lubbert
Kurt Riegel
Jeff Schomig
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:

Al Johnston, Greater Severna Park Council
Harry Sinclair, Jr., Community activist
Brenda Weeks, AACo. DPW/WERS

Members Absent:

Joe Rubino
Debra Smith
Lina Vlavianos, Chair
Virginia P. Clagett, MD House Delegates (Ex officio

CALL TO ORDER

Vice Chair Hornor called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:08 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present. On behalf of SRC, Hornor extended deepest sympathies to Lina and stated that members look forward to her return.

MINUTES

The Minutes for the May 7, 2009, regular monthly SRC meeting was presented for approval.  No corrections or changes were made.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE MAY 7, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION AS WRITTEN, WAS MADE BY LUBBERT AND SECONDED BY WHITCOMB.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE ADOPTED.

1. Smith notified Lubbert she would not be present at the meeting due to the health of a family member.
2. There was no correspondence.

OLD BUSINESS

Scenic Severn River

Hornor opened this topic for discussion by stating that Vlavianos had recently provided information to SRC members regarding the Scenic Severn River.  Hornor thinks perhaps Vlavianos’ intent, based on her essay, is to use this scenic rivers designation as a way to increase protection for the Severn River.  The Severn is one of only nine rivers with this designation in Maryland. Riegel feels SRC needs to know if the legislation that was enacted has any practical force (provisions of power or value), more than good intentions. 

Schomig noted he has not had the opportunity to do any research to date. Vlavianos asked him to review the Maryland Scenic and Wild Rivers Act, its intentions, and its enforcement powers. Does the designation provide anything; and if not, what was the point of the designation?  Schomig noted that would require looking at the law, its history and any articles that might have been written. Hornor thinks that both the SRC and the Severn River Land Trust were established as a result of the scenic designation. Hymes will find out who is on the Scenic and Wild Rivers Review Board. It was suggested that since SRC serves at the pleasure of the County, the Commission should contact the County’s Office of Law if legal advice on a State law is desired. Several members feel that the Commission does not always take advantage of the full legal legislative opportunities available to the SRC.

Critical Area Legislation (CA)

Schomig reported that the Critical Area citizens’ workgroup has not met recently. He is putting together photo and video documentation of possible buffer degradation to give to the County Forester for investigation. 

Schomig noted it will be interesting to see how the TMDLs issue impacts Critical Area enforcement and the County’s CA policy. Hornor pointed out there is a link from the South River Federation newsletter online to a very good short course that was developed to help people understand the implications of the Clean Water Act. 

During a brief discussion, using restrictive easements rather than taking the entire property as a preservation tool; garbage lots on steep slopes; building on pilings on steep slopes in the CA; if the taking of a property means that you can’t sell it but you can still use it; unless you deny any and all reasonable use of the property, it’s not a taking; what is reasonable use and undue hardship, were addressed.

Articles 16/17 Revisions

Riegel reported that the stormwater management workgroup he recently joined would be meeting June 25. They have prepared a very rough draft of proposed stormwater regulations, which are revisions to what is currently in the County Code. Both this group and the County have been working on drafting stormwater regulations.

Annapolis

Shropshire reported that on May 28 the City had its dedication of the Stormwater Education Experience (SEE) at Back Creek Nature Park.  On display were exhibits showing the ill effects of stormwater and how to retain it, four types of pervious pavements, rain barrels, rain gardens, green roofs, shoreline restoration, and a full beaver dam.  The next phase of development is a project called Osprey Nature Center utilizing the old wastewater treatment plant building.

Three wade-ins are scheduled for June 6 (College Creek, Spa Creek, Back Creek).

The City of Annapolis Watershed Study is available on line at www.annapolis.gov.

General Development Plan (GDP)

Hornor reported that the Special Advisory Committee (SAC) has completed its task and submitted its report to the Planning Advisory Board (PAB).  After some discussion, the majority of the SAC members (including Hornor representing SRC) voted to sign the report, including a letter that was written requesting more protective wording in the GDP to preserve the Severn, particularly the forested watershed. 

Mr. Al Johnston, a member of SAC, voted no to the report.  He explained, that the GDP is a plan and as such, Maryland law is very specific, a plan is not enforceable.  Since he has served on three GDP Advisory Committee’s and has copies of the other two, he feels the current plan is the best one the County has ever put together.  He recommends that the County Council adopt it with whatever changes they want to make in it. 

Hornor noted that most of the committee wanted to go on record as at least having the PAB consider ways to make the GDP have more teeth--not necessarily an enforceable document.  The committee’s report is just to advise the PAB on what we would like to see them do with the GDP.  Many of SRC’s comments were incorporated in the report. 

Hornor will forward the SAC report and any other documents to SRC members before the GDP is presented to County Council.  SRC members may want to attend the Council meetings to support the issues SRC would like to see enforced.  It was suggested that SRC work with Mr. Johnston on the idea to try to insert some language into the Code.  Hymes felt SRC can make an impression and the greatest change by pushing for code and ordinance changes—small changes one at a time.  SRC members thanked Hornor and Johnston for all their work with SAC.

Jabez Environmental Overlay Zone

Hornor stated there was nothing new to report about the overlay zone.  She noted that a 2008 article on brook trout she received reported that brook trout are extremely sensitive to temperature and siltation and, as impervious surface increases, the trout population is threatened and decimated.  The Jabez Branch is the only brook trout population in the Coastal Plain apparently between New York and Florida. 

During a brief discussion, Commission members feel the area still exists because so many have fought hard to preserve it.  SRC should try to hold a hard line on the overlay zone because only through it can the cold water and lack of siltation be protected.

Septics

Whitcomb distributed copies of a letter and Bay Restoration Fund statistics he received in response to SRC’s April 16, 2009 letter of inquiry to the County Health Department.  He reported the County Health Department is pleased with the Commission’s interest in the program and is glad to be of assistance to help with SRC’s initiatives when possible. 

More than 550 grant applications are being processed to upgrade to nitrogen-reducing septic systems.  The Health Department is planning to do a gradual mailing regarding the program to all of the 13,000 property owners in the Critical Area.  The program is funded through the restoration fee (flush tax) on the water bill.  Members feel with this approach, it will take some time to see an impact in the reduction of nitrogen.  Other nitrogen-reducing techniques/methods and health concerns were discussed.

ubbert reported the SRC website had 1,321 hits during May. She urged Commission members to check out the website noting it is really educational and loaded with many interesting facts and contact numbers for reporting environmental problems.

The County Environmental Hotline is 410-222-7777. The 24-hour number for the MDE HOTLINE is 866-633-4686.

The “sewage contamination” information drafted and distributed by Whitcomb will be added to the SRC website. 

Because of some difficulty and confusion in trying to report environmental violations to the County, the following motion was approved.

MOTION:  A MOTION, THAT SCHOMIG DRAFT A LETTER FOR SRC’S APPROVAL TO ASK THE COUNTY EXECUTIVE TO ASSURE THAT THE COUNTY WEBSITE PROMINENTLY DISPLAYS IN THE PLANNING & ZONING SECTION WHO TO CONTACT IN THE COUNTY IN CASE OF CRITICAL AREA VIOLATIONS AND ALERT THE COUNTY EXECUTIVE TO DISCREPANCIES SRC FOUND WITH DIFFERENT PHONE NUMBERS, WAS MADE BY SCHOMIG AND SECONDED BY RIEGEL.  THE MOTION WAS PASSED BY UNANIMOUS VOTE.

Oyster Restoration Activities in the Severn River

Whitcomb reported that the Severn River Association’s application to participate in the Marylanders Grow Oysters Program was submitted to DNR toward the end of May.  SRA is awaiting a decision from the State.  Whitcomb noted that SRA and its many organizations are willing and eager and have the resources to accomplish the program.  A steering committee meeting has been scheduled for next week.  During discussion, concerns were raised regarding placement of the oysters and how they will be protected.

Shropshire announced the Annapolis Planning Commission is meeting in a work session with the developers of the Rogers property at 7:30 p.m. tonight.  The property is located next to Back Creek Nature Park.  Shropshire has been trying to keep this property from being developed for four years and noted that, as the last piece of the City’s undeveloped property on the Chesapeake Bay, he wants it protected.  Annapolis has very little waterfront property.  He has been working for two years on grants and other ways to raise funds for purchasing the property.  Shropshire invited SRC members to the meeting.

Al Johnston announced that Bill 44-09, introduced by Councilman Reilly, is scheduled for a public hearing Monday, June 15 and urged SRC members to attend.  He noted this Bill says that anytime you file a complaint you must include your name and address.  This means that anonymous tips by citizens would be not be allowed.  SRC is concerned about the potential harmful impacts that would result if this bill passed.  The members believe that the enactment of this legislation would severely restrict the ability of the County to enforce zoning and environmental laws and wants Council to reject or withdraw this legislation.

Shropshire pointed out to be effective the phosphate fertilizer ban legislation that was passed in the City of Annapolis needs to be passed by the County.  He would appreciate any suggestions on how to handle this issue.  SRC could recommend legislation to suggest the use of phosphate fertilizer only if it is proved to be necessary.

The meeting was adjourned at 6:33 p.m.  The next monthly SRC meeting is scheduled for Thursday, July 9, 2009, 4:00 p.m., in the Severn Room (4th floor), 2664 Riva Road.