Members Present: Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Charlotte Lubbert
Kurt Riegel
Jeff Schomig
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: Jon Hodgson, AACo. Office of Law
Nancy Duden, AACo. Office of Law
Brenda Weeks, AACo. DPW/WERS Members Absent: Dan Haas
Joe Rubino
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 4:06 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present. GUEST SPEAKERS Mr. Jon Hodgson and Ms. Nancy Duden, AACo. Office of Law, were introduced. They were invited to talk about the Scenic Severn River designation and the relevance of it in the planning process, particularly in Anne Arundel County. The attorneys began the discussion by responding to the following question: What if any effect does the Scenic Rivers Act have on everything from zoning, to land use, to Critical Area (CA) regulations? Briefly describing her role as supervising county attorney, Duden noted that this Act has no bearing on County CA enforcement. The scenic rivers designation of the Severn River means that special notice is given to the fact that the river has some unique characteristics. This State law that designates the Severn River as scenic has no bearing on actual regulations regarding development under County Code regulations. Both attorneys acknowledged that in actuality this Act is more in the nature of a resolution that has no effect on enforcement. There are laws in the Natural Resources article and in the County Code that protect Critical Area, but the scenic rivers act is not one of them. Hodgson stated it is possible if it is determined that any particular river deserves and needs more protection, there could be regulations in the County Code that pertain to a specific river as compared to others. Duden agreed that the Severn River, being designated as scenic, puts policymakers on notice that it has certain characteristics to cause it to be designated that way and citizens expect a heightened degree of regulation. If some type of special treatment of the Severn River is wanted, some enforcement that is above and beyond what is done with all waterways, specific legislation would be required. Hodgson pointed out that this is a state law that does not mandate any specific action of enforcement by county regulatory authority and has no impact on landward development. Duden explained that when someone comes in with an actual development that is going to be in the CA, the Critical Area Commission (CAC) reviews it at the state level and provides comments to the county. Nothing in the CAC’s review references the Scenic Rivers Act. The Act simply refers to development that changes the character of the river. There are no criteria for review, no enforcement provision and nothing to guide implementation. Hodgson noted that historically, development has been a county function not at all a state function. That is changing with power being placed in the state planning office, and the growing influence of the CAC in liberal land use decisions. In addition to handling serious violation cases, the county law office handles the planning for thousands of people who are doing things correctly through the process before they build. In the FY ended June 2009, the county law office handled over 330 CA violation cases and the courts assessed about $50,000 in fines. Last year about $120,000 in fines was assessed. The county is planning with people and trying to get people to see that the county is looking for abatement to do the mitigation required for the environment to correct violations. Hodgson and Duden agreed that Anne Arundel County is very proactive and does more than any other county in the state as far as CA enforcement. In response to another question, the County has been most successful in collecting fines and reversing damage that has been done. The County has been very aggressive about pursuing abatement and contempt cases against people. The general policy is that if people don’t comply within a certain amount of time the County takes them back to court for contempt - this means more fines. About six people have been jailed for failure to obey the court orders. This has been for people who will not cooperate. Hodgson recounted a notorious case of abatement this year regarding a Baltimore City judge who dumped rubble to expand his shoreline. Eventually, criminal charges were brought, the judge entered a plea of guilty and was fined and ordered to remove all the rubble. Duden noted that the huge cost of remediation is the key and that has to be the emphasis over and above the fine. People are often not aware of the cost of remediation. Abatement often does not mean removal of the offending structure; it more often means getting permits to make the structure built illegally, legal. The County’s role is to attack the illegality. One way to come into compliance is to get the permits needed. During the last year demolition has occurred on certain structures where people would not or could not get the variances or permits needed. Responding to questions about abatement and restoration regarding replacement of trees (size and growth difference), Hodgson pointed out that there are very stringent penalties for removal of trees and grading. In the buffer remediation is three to one. Another option is paying a fee-in-lieu instead of replanting. If fees-in-lieu are allowed as an option, the County cannot deny it to people. This is usually decided on a case-by-case basis. Sometimes it really betters the situation on the property because a lot of the vegetation may have been non-native and ultimately could be replaced with native or it may be difficult to fit three to one in the buffer on the property. Referring to SRC’s relevance, Hodgson stated the Commission’s function/role is to make recommendations and advise. There is a requirement for the Scenic Rivers Board to have the counties establish a local advisory body and SRC is that body. As a practical matter a commission that is established by the county government as part of that government tends to have both better access to resources to learn about what is going on and a bigger voice in policy making than private groups. Duden feels SRC serves a valuable role in reviewing what is going on in the county and making recommendations. Hodgson thinks it is important to understand the nature of the Commission, how it was created, what powers it has and understand its scope. The law says SRC has a certain limited function and that is to make recommendations. If the SRC is content with having that function, then people who live around the Severn River are fortunate to have the Commission. Hodgson expressed his hope that Duden and he had been helpful. SRC members thanked Ms. Duden and Mr. Hodgson. MINUTES The Minutes for the September 10, 2009, regular monthly SRC meeting was presented for approval. A correction was made to the attendance record: Kurt Riegel has attended 7 out of 7 meetings instead of 7 out of 9. MOTION: A MOTION, TO APPROVE THE MINUTES FOR THE SEPTEMBER 10, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION AS CORRECTED ABOVE, WAS MADE BY LUBBERT AND SECONDED BY WHITCOMB. THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE ADOPTED AS CORRECTED. ANNOUNCEMENTS / CORRESPONDENCE- Haas and Rubino were absent. Smith and Shropshire were not present for personal reasons.
- SCR has had no response from the County Executive to their August 13, 2009 letter on Salt Works Creek. Schomig will follow up with the County Executive’s office.
- Margaret McHale, Chair of the State Critical Area Commission (CAC), will address Critical Area regulations at the November meeting.
OLD BUSINESS Scenic Severn River Following the presentation by Jon Hodgson and Nancy Duden, County Office of Law, and hearing their views of the effectiveness of the Scenic Rivers Act, SRC decided to invite Maryland Department of the Environment (MDE) to present their point of view. Schomig recommended that the focus be on permits for boathouses and hardening of the shoreline because there are concrete regulations regarding these issues. It was felt that SRC can make a difference in defining and insisting on soft shoreline. Critical Area Legislation (CA) Schomig distributed and reviewed a draft of possible questions regarding Critical Area regulations for Ms. Margaret McHale, CAC, to address at the November 5 SRC meeting. A final draft will be forwarded to SRC members for review by mid next week. As the contact person, Schomig will forward the questions to Ms. McHale and will lead the discussion at the November meeting. Schomig reported that the Chesapeake Legal Alliance is advocating on behalf of Deep Creek and other nearby neighborhoods to fight a proposed 300+ unit development (Villas at Deep Creek) within the Critical Area at the headwaters of Deep Creek. A hearing is scheduled for early November. He will keep SRC apprised of what is happening. Schomig noted, as an individual, he wrote a letter to the editor of The Capital as a very general reminder to the County that they ought to look beyond the needs of developers and accommodating developers and new growth and to remind them that that might not be the best policy both from the quality of life and an environmental standpoint and an economic standpoint. Articles 16/17 Revisions Riegel reported he completed a review of the draft documents that were developed by the county and posted comments on the web for SRC’s review. Article 16 is on the fast track. Riegel will draft a letter to the County Executive by Friday (October 9) of next week summarizing all his comments. Chair Vlavianos desires that the comments to the County be handled as the General Development Plan comments were--namely, a statement by SRC followed by testimony, if necessary. Riegel will keep the Commission updated. Annapolis There was nothing new to report at this time. General Development Plan (GDP) The amendments to be introduced by the County Council members are still not available to the public. Hornor will follow introductions and let SRC know if significant changes are being proposed. Jabez Environmental Overlay Zone Vlavianos reported that the Jabez Overlay Zone proposed language is still with Mr. Larry Tom, Office of Planning & Zoning, but will soon be sent to the Office of Law to be reviewed for legislative language. The GDP has been a priority. Vlavianos will keep SRC updated. Septics Whitcomb reported the Bay Restoration Funds program is presently at a standstill and the County still has not received funding to move forward. Whitcomb will keep SRC updated. WebsiteLubbert reported the SRC website had 107 hits in the month of September. Oyster Restoration Activities in the Severn River Whitcomb reported that all spat cages have been distributed - 1100+ cages. He is combining data as to where cages were delivered and to whom. The Annapolis Maritime Museum and Harbor Master requested cages. Approximately 20% of the cages have been placed in the Severn River. Commission members were very pleased with the publicity, cooperation and involvement efforts of the project. NEW BUSINESS Lubbert represented SRC at the Preserve at Severn Run development showcasing “green” houses. PUBLIC INPUT There was no public input. ADJOURNMENT The meeting was adjourned at 6:40 p.m. The next SRC meeting is scheduled for Thursday, November 5, 2009, 4:00 p.m., in the Severn Room (4th Floor), 2664 Riva Road, Annapolis, MD. | 
