Regular Monthly Meeting July 9, 2009

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Kurt Riegel 
Joe Rubino
Debra Smith
Bob Whitcomb
Virginia P. Clagett, MD House Delegates (Ex officio)
Scott Hymes, MD DNR (Ex officio)
Veronica Jagoe for AACo.Councilman Benoit (Ex officio)
Sam Shropshire, City Council (Ex officio)                     

Guests and Staff:

Brenda Weeks, AACo. DPW/WERS

Members Absent:

Dan Haas
Charlotte Lubbert
Jeff Schomig                                                                           

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 declared present. There were no guests.

MINUTES

The Minutes for the June 4, 2009, regular monthly SRC meeting was presented for approval. The following correction was made: Under “Oyster Restoration Activities in the Severn River” on page five, paragraph one, sentence three, “40” organizations was changed to read “many” organizations.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE JUNE 4, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION AS CORRECTED ABOVE, WAS MADE BY WHITCOMB AND SECONDED BY HORNOR.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE ADOPTED.

1. The Chair was notified that Lubbert, Haas and Schomig would not be present at the meeting.
2. Shropshire invited SRC members to Back Creek Nature Park for the August 6, 2009 Commission meeting.  The regular business meeting will be followed by food and a tour of the Rodgers property. Weeks will forward details and location directions.
3. The September 3, 2009 SRC meeting will be rescheduled to September 10, 2009 (2^nd Thursday) because of the Labor Day weekend holiday.
4. SRC sent a June 10, 2009 letter to County Council members expressing their concern over the potential harmful impacts that would result from the passage of County Council Bill 44-09 (potential violations reported anonymously by citizens would not be allowed).  Schomig, on behalf of SRC and Riegel, on behalf of the Severn River Association, testified before County Council advising against the bill.  It was noted that Schomig made a very strong, compelling statement.

OLD BUSINESS

Scenic Severn River

Referring to the SRC June 4, 2009 Minutes, Vlavianos reiterated that as an advisory body to the County, perhaps SRC should contact the County Law Office for some guidance for legal advice about the State Scenic and Wild Rivers Act. Vlavianos noted she had spoken to Schomig recently and he planned to talk with the County Law Office. Vlaviano will contact Schomig for an update.

 Clagett noted it appears that the Scenic and Wild Rivers Review Board assesses rivers to be added to the Scenic and Wild Rivers system. She will find out who is on the Board and its current purpose. Vlavianos pointed out that it is up to the County, not DNR, to enforce the Scenic Rivers Act. It was suggested by the Law Office that Schomig submit SRC’s questions in writing to make sure they are properly understood and addressed. This topic will be discussed again when Schomig is present and has had contact with the County Law Office.

Critical Area Legislation (CA)

Riegel reported that while attending a meeting of the State Critical Area Commission regarding the draft regulations for the Critical Area, it dawned on him that all the controls to the Critical Area have no effect unless you agree to hurt the land. He feels every bad practice which has already occurred has essentially been grandfathered and there is no legal power under the CA law to fix the damage. Grandfathering claims a very serious impediment to healing the land and is detrimental to the land. Several scenarios were described and discussed. 

Clagett noted that she and others did get a “standing” bill passed for the entire state of Maryland, not for zoning, but for environmental issues (i.e., stormwater management) so citizens and associations can go to court in Maryland. She suggested including “standing” in the CA regulations.

SRC members feel that inconsistencies exist in the interpretation of tree cutting in buffer areas. Vlavianos will invite Margaret McHale, Chair of the State Critical Area Commission, to the October 1, 2009 SRC meeting to address Critical Area regulations.

Articles 16/17 Revisions

Hornor noted that one topic that came up with stormwater and the GDP in the redevelopment of commercial areas is to push for more effective treatment of the stormwater on impervious areas. Stormwater is now being referred to as “polluted runoff.”  Vlavianos questioned the status of the previous rewriting of Article 16 Floodplain Management, Sediment Control and Stormwater Management.  Hymes will check with Jeff Opel to get an update.

Annapolis

Shropshire noted he had nothing new to report this month.  It was noted that the wade-ins were most successful and well attended.  Back Creek was the clearest it has been in years.  A number of other creeks showed noticeable improvements.

General Development Plan (GDP)

Hornor noted she has nothing new to report. The GDP has been revised and submitted to County Council. Discussions of the plan will follow at Council work sessions. In response to questions, it was noted that Council members would review the plan section by section and are allowed to make changes to the plan. Comprehensive rezoning, usually the most controversial part of the plan, may not be addressed this year.

Jabez Environmental Overlay Zone

Vlavianos reported that Tom Burke, County P&Z, has been working with the Jabez Overlay Zone Committee’s proposed legislation language to match format with other existing County Code articles, make some minor revisions to correct redundancies and inconsistencies and relocate some of the sections for better flow. After the document is finalized, P&Z will be submitting it to the County Law Office for review. Vlavianos noted the process is slowly moving forward.

Septics

Whitcomb pointed out the word is circulating that the dedicated Bay Restoration funds are being diverted for general fund purposes. Following a brief discussion, Clagett will investigate and report to SRC. 

The Bay Restoration Program statistics SRC received from the County Health Department that were reviewed included program activity as of April 30, 2009 and January 1-April 30, 2009. It was noted this information would be sent to SRC on a quarterly basis.

In Lubbert’s absence, Vlavianos reported the SRC website had 1,211 hits during June. 

Oyster Restoration Activities in the Severn River

Whitcomb reported the Marylanders Grow Oysters Program sponsored by DNR is in full swing with 350 cages with spats planted in Herald Harbor area.  Community groups in other rivers and creeks are interested and are contacting DNR to participate.  Whitcomb is actively involved in the entire project.  DNR is providing the cages (built by corrections inmates) and spat (produced at Horn Point).  The program is designed to foster stewardship of the Chesapeake Bay and create living oyster reef populations in sanctuaries.  The oysters are grown to enhance the ecology of the sanctuary (not to be eaten).  Local commitment is needed to implement the program.

NEW BUSINESS

Fox Creek

Hymes reported that the Fox Creek appeal is proceeding in court. The idea of the appeal is to prevent maintenance dredging.

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 5:35 p.m. The next monthly SRC meeting is scheduled for Thursday, August 6, 2009, 4:00 p.m., at Back Creek Nature Park, 1314 Edgewood Road, Annapolis.