Regular Monthly Meeting November 5, 2009

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Dan Haas
Charlotte Lubbert
Kurt Riegel
Joe Rubino
Bob Whitcomb
Jamie Benoit, County Council (Ex officio)
Sam Shropshire, City Council (Ex officio)

Guests and Staff:

Albert Johnson, Greater Severna Park Council
Brenda Reiber, County Executive’s Office
Brenda Weeks, AACo. DPW/WERS

Members Absent:

Virginia P. Clagett, MD House Delegates (Ex officio)
Scott Hymes, MD DNR (Ex officio)
Jeff Schomig
Debra Smith    

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:04 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present. 

Q&A SESSION

County Councilman Jamie Benoit participated in a question and answer session covering numerous topics on growth and the environment. Benoit reported that Planning & Zoning is putting its touches on the Jabez Overlay Zone and will be sending the bill to the Office of Law for the attorneys to get it into a form to be introduced. Based on prior debates Council has had, Benoit hopes an agreement can be reached on the bill prior to it being introduced. He has only discussed the bill with SRC, P&Z and the County Executive’s legislative officer and thinks everybody is supportive of the concept and want to get something passed. Benoit noted the County Executive will probably co-sponsor the bill and will give it his consideration once the Office of Law has put its final touches on it.  Benoit is encouraged so far that the County Executive is in support of it. The Office of Law will scan it for legal sufficiency and then the Council’s attorney would draft amendments, if any, which are introduced by members of Council. 

Benoit acknowledged that the County’s program for the Bay Restoration Fund is out of money and is in an unfunded mandate situation. He noted a key provision in the bill he introduced, that did not pass, had an exemption, if there was no money in the fund one did not have to comply. The fund is now broke and people are still having to comply. Benoit will try to engage the delegation when it’s in session in January to get money into the fund. It is a popular program but the down side is people are having to comply without any help from the government. To their credit, the Health Department is trying to be creative with the money and is now only covering the difference in cost between a conventional system and a nitrogen-reducing system. 

Benoit does not think the stormwater bill will be back with the present economic climate and this Council. The votes are not there for it. He indicated he would vote for it again.  

Vlavianos complimented Benoit on his stand on the GDP. The rezoning process will occur over the next eight weeks while the County will decide which rezonings it is supporting. 

Benoit commented that the Article 17 rewrite will be presented in the next two or three months as it is a top priority for now. Regarding Article 16, he is still trying to get through some sort of an exemption or expedite the process for the grading permit requirements for living shorelines. Responding to frequent references to fees-in-lieu in Articles 16 and 17, Benoit commented it is important to impress on the County Executive and Council that fees can be so high that they are not attractive--compliance is actually better. There should be a way to structure the fees so people would not want to pay. Benoit feels at times it is appropriate to pay fees because it might not be practical to comply. The big problem is that the vast majority is paying instead of complying.

Benoit feels the Dairy Farm is great and in the next budget year is going to be an incredible project. Vlavianos pointed out that one of SRC’s recommendations to the Advisory Committee says “must” instead of  “should.”  SRC’s exact wording reads: “Stormwater management must compliment stream restoration projects and result in the improvement of water quality.”  This wording was incorporated into the Master Plan report. In other words, any activity that takes place must result in improved water quality. 

Benoit noted that SRC has a role to play in the Annapolis transition. He advised SRC to let the new mayor know very clearly what individual priorities are.  During this transition, SRC should get involved with the chair of the Environmental Transition Team to help focus the administration. 

The discussion was closed with Benoit offering his help and Commission members thanking Benoit for his input.

MINUTES

The Minutes for the October 1, 2009, regular monthly SRC meeting was presented for approval.  No corrections or additions were made.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE OCTOBER 1, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION

AS WRITTEN, WAS MADE BY HORNOR AND SECONDED BY WHITCOMB.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE ADOPTED.

1. Schomig may not be present because he and his family have had the flu. Hymes and Clagett were not present because of other commitments. Smith was not present for personal reasons.
2. Vlavianos sent a letter to the County Executive regarding possible appointments/ reappointments.  Vlavianos and Rubino’s terms expire January 31, 2010.
3. SRC letters, under the Chair’s signature, were sent to the County Executive regarding the rewrite of Articles 16 and 17 of the County Code.

OLD BUSINESS

Naval Academy Dairy Farm

Vlavianos, who served on the Dairy Farm Advisory Committee, reported that a new committee is being formed for implementation/advisory purposes. This Implementation Committee will be made up of citizens and county support staff. Vlavianos noted she is very pleased with the Master Plan report. She stressed that nothing will take place unless there is clear indication of whatever takes place will improve water quality.  SRC recommendations were included in the report. The County Executive will make appointments to the Implementation Committee. 

Vlavianos noted that she has not yet invited MDE to a SRC meeting to present their perspective on the Scenic Rivers Act.  Commission members had agreed at the October meeting following a presentation on the Act by the County Office of Law, to invite MDE to present their point of view. Because of other guest speakers scheduled in December and January, MDE will be invited to February’s SRC meeting.

Critical Area Legislation (CA)

Vlavianos reported that a letter was received from the County Executive in response to SRC’s letter dated August 13, 2009, concerning the County’s practice with Vegetation Management Plans. Commission members decided to wait until Schomig would be present to discuss the response to his letter and the policy issues involved.

Articles 16/17 Revisions

Riegel reported that he has received an email response from the County staff to the letters and comments submitted by SRC regarding Articles 16 and 17.   He will distribute the response to Commission members.  Following a brief discussion regarding fees, Riegel will locate where in the County Code fees-in-lieu and other fees mentioned in Article 16 are listed.

Annapolis

Shropshire reported that the new City administration coming in is environmentally friendly and that good things and good relations can be expected.

Shropshire, as an elected official, and a team of five staff members recently represented the City at a UN Conference for the environment in the Czech Republic. Hoping for gold, the City received the silver award for the most livable city as far as the environment and beat out every other American city. The City was competing in a special category with historic cities but yet trying to implement environmental programs and building codes that were also up to date and protective of the environment.

Haas noted that trees left over from the give-away would be available on November 14 to Annapolis residents. The Annapolis Environmental Commission will meet on Thursday, November 12.

General Development Plan (GDP)

Hornor reported that the GDP was passed with amendments on October 19. At the request of DNR, the sea level rise planning was inserted back into the GDP. Comprehensive rezoning applications will be accepted December 1, 2009 to January 31, 2010. 

Jabez Environmental Overlay Zone

Vlavianos reported that Recreation and Parks has been in contact with the State Highway Administration (SHA) to develop for active recreation approximately 80 acres of forested land on the Jabez.  Using an aerial photo, SRC members reviewed the property in question.  The property was set aside by SHA as a future mitigation site but pressure is on to develop a good portion of this site for ball fields.  Currently the entire site is heavily wooded.  Vlavianos will keep SRC updated.

Septics

Whitcomb reiterated there is no funding for the County Health Department’s use to upgrade septic systems. The funding is all being controlled by the State, and the State is not issuing grants to any counties this fiscal year. Whitcomb distributed copies of the last quarterly report from the Health Department showing Bay Restoration Program activities. 

Following a brief discussion, Whitcomb will research the information and draft a letter encouraging the County delegation to reinstate the dedicated fund that was to be used for Bay restoration.

The SRC website had 1,181 hits in the month of October.  The 107 hits reported for September must have been an error.

Oyster Restoration Activities in the Severn River

Whitcomb reported he attended a get-together with all the players that are active in any manner in oyster restoration on the Severn. DNR sponsored it as part of the Marylanders Grow Oysters program to bring together all of the supporting partners. The Severn has suddenly become the river of choice for the oyster restoration program up and down the Bay. Twenty percent of the State’s oyster crop is on the Severn. The hope is that because the Severn has lower salinity perhaps the oysters will survive. Vlavianos complimented Whitcomb for the remarkable work he is doing.

NEW BUSINESS

Mr. Al Johnston announced a public meeting is scheduled for December 8 from 2:30 p.m. to 4:30 p.m at Maryland Department of the Environment to address the Chesapeake Bay Total Maximum Daily Load (TMDL). If you cannot attend in person, Mr. Johnston highly recommends the live computer access (webinar) as an excellent explanation of this new EPA initiative.

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 6:07 p.m.  The next SRC meeting is scheduled for Thursday, December 3, 2009, 4:00 p.m., in the Severn Room (4^th Floor), 2664 Riva Road, Annapolis, MD.