Regular Monthly Meeting , February 2010

Members Present:    

Sally Hornor, Vice Chair                                                          
Charlotte Lubbert                                                                    
Joe Rubino                                                                                          
Bob Whitcomb                                                
Veronica Jagoe for Councilman Benoit (Ex officio)                   
Scott Hymes, MD DNR (Ex officio)                                        

Guests and Staff:      
Chuck Ferrar, County Council
Albert Johnston, Greater Severna Park Council
Valerie Miller, County Council Legislative Assistant
Brenda Weeks, AACo. DPW/WERS

Members Absent:     
Kurt Riegel                                                                              
Jeff Schomig                                                                
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 4:05 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD.    A quorum was not present.  Hornor noted items on the agenda would be discussed, but no action would be taken.

Councilman Chuck Ferrar, newly appointed to County Council and his Legislative Assistant, Valerie Miller, were in attendance and were introduced to SRC members and others present.

MINUTES

Due to the lack of a quorum, no minutes were approved.  The following corrections were noted:  On page 2, paragraph 2 in the last sentence, the word “included” was replaced with “ ‘recognized as worthy of a point towards’ the LEEDs certification program”; and a “s” was added to Vlavianos’ name on page 3, in item 3.

1.Riegel, Schomig and Vlavianos will not be present.

2. A letter from SRC was sent last month to Mayor Cohen requesting that he fill vacancies for Haas, Smith and a City Alderman (ex-officio).

3. A letter was received from Jonathan Hodgson, County Attorney, on behalf of the County Executive in response to SRC’s January 11, 2010 letter to the County Executive regarding tree preservation and mitigation in the Critical Area.  This letter will be discussed later in the meeting.

4. Letters were sent to the Chairs of the Senate and to the House Environmental Matters Committee expressing SRC’s opposition to bills being introduced to prevent the Department of Natural Resources from the normal execution of its duties.  These letters will be discussed later in the meeting.

Oyster Restoration Activities in the Severn River

During a lengthy discussion regarding oyster restoration activities for the Bay, Whitcomb reported he wrote letters sent by Vlavianos on behalf of SRC to the House Environmental Matters Committee and the Senate Education, Health and Environmental Affairs Committee requesting that these bodies support MD DNR’s authority to establish oyster sanctuaries, especially to establish the Severn as a sanctuary. 

The issue of potentially toxic steel slag placed in the Severn by the Army Corps of Engineers was discussed.  A meeting with the Corps and interested parties, including Whitcomb, Lubbert and Hornor will be held next month to discuss results of toxicity testing. 

Septics

Whitcomb reviewed several bills pending in the legislature now regarding funding of septic upgrades.  Effective January 1, 2010 MDE established an income-based sliding scale for Bay Restoration Fund (BRF) grants. This would reimburse homeowners based on their income levels any where from 25-100% of the upgrade.

Jabez Environmental Overlay Zone (JOZ)

Hornor reported that Vlavianos, Dave Mauriello and she met on January 18, 2010, with Councilman Benoit to discuss progress of this legislation.  Councilman Benoit recommended that SRC wait till later this spring or summer to introduce the bill.  He would like to see how revisions to Articles 16 and 17 are handled by the County Council.  Councilman Ferrar who was present at this meeting said that he had heard about the JOZ from Benoit.  Ferrar said he understood the importance of this natural area. 

For the present, this item will be removed from the agenda.

Annapolis – No one was present from the City to report.

Articles 16/17 Revisions

Mr. Al Johnston reported he was at a briefing regarding the new look at stormwater management.  County Planning & Zoning is integrating the new state stormwater management regulations into Articles 16, 17 & 18.  From the point of view of the Commission, getting stormwater under control is one of the biggest problems in the Severn River.  Stormwater mangement is the single most important way to improve water quality in all the rivers.  This legislation has to be implemented by May 4, 2010.

Critical Area Legislation (CA)

Hornor noted that on January 11, 2010, SRC sent a letter to County Executive Leopold regarding adding more protective language for trees in the Critical Area (CA) and raising the value of Fees in Lieu for clearing of trees in the CA.  A response was sent on January 22, 2010 from County Atty. Hodgson stating that he did not think that any changes should be made in the pending Articles at this time.  It was suggested that the SRC send the Critical Area Commission (CAC) specifics on the properties in Arrow Cove and Rugby Hall that Schomig sent in September 2009 to the County Executive.  Additionally, Hornor corresponded with both Dr. Anson Hines and Dr. Dennis Whigham at the Smithsonian Environmental Research Center.  These two ecologists have worked extensively in this region and have published research on the importance of protecting riparian buffers and on leaving dead wood along the shoreline to provide habitat for blue crabs and fish.  They have both agreed to provide letters to CAC if needed to strengthen SRC’s argument. 

The Commission will ask Schomig to pursue this issue with CAC, providing them with details on these properties if he has not already sent them this material. 

Lubbert reported 1,083 hits during the month of January on the SRC website.  Pollution, history and minutes were again the most poplar topics. 

NEW BUSINESS – There was no new business.

PUBLIC INPUT

Mr. Al Johnston announced that the final General Development Plan (GDP) document is on sale ($40).  It contains the bill that adopts it.  In response to a question, the AACo. Office of Planning & Zoning and the Planning Advisory Board will be reviewing zoning applications in the next few months.

The meeting was adjourned at 5:30 p.m.  The next SRC meeting is scheduled for Thursday, March 4, 2010, 4:00 p.m., in the Severn Room (4^th Floor), 2664 Riva Road, Annapolis, MD.