GREATER SEVERNA PARK COUNCIL
GREATER SEVERNA PARK COUNCIL
Minutes of the November 9, 2004 Meeting
Welcome: The meeting was called to order at 7:35 PM by President John Strange.
Secretary’s Report: The minutes of the September14, 2004 meeting were approved as submitted. Those interested in receiving the minutes by e-mail may sign-up at the entrance table or contact Michele Rose by e-mail at mrose@cablespeed.com. Please notify the secretary and/or the treasurer of any changes in the office of president or delegate for your community.
Treasurer’s Report: Jen Campbell, Treasurer, reported a balance of $ 27,321.71 as of October 31, 2004. This includes $4327.81 in Beautification Trust Funds. The total is based on a previous balance of $27,589.74 with expenses totaling $287.00 (including $250.00 contribution, previously approved, to the Luther Vanguard organization) for the month and income of $18.97. The report was approved as presented.
President’s Report: The list of Greater Severna Park Council communities who have paid dues for this year as of October 31 includes: Arnold Preservation Council, Arundel Plaza, Bendale, Ben Oaks, Berrywood, Bluff Point, Brittingham, Cape Arthur, Carrollton Manor, Chartridge, Chartwell, Chartwood, County Crusaders, Cypress Glen, Cypress Improvement, Cypress Landing, Fair Oaks, Fairwinds, Harlequin, Hollywood, Jennings Road, Kilmarnock, Kensington, Lakeland II, Linstead, Lower Magothy, Magothy Forest, Manhattan Beach, McKinsey Park, North Cape Arthur, North Severna Park, Oakleigh Forest, Olde Severna Park, Pointfield West, Riverdale, Rugby Hall, Sabrina Park, Severna Forest, Severndale, Severn Heights, Severna Enclave, Sheffield Park, Shipley’s Choice Community, Shipley’s Choice Homeowners, Solomons Ridge, Swann Point, Westridge, West Severna Park, Whitehurst, Whitneys Landing, and Woodbridge Forest. If you believe that your community has paid and is not listed here, please contact Jennifer Campbell, Treasurer. Currently, 58 communities have paid. There are still a number of dues outstanding. A $5.00 late fee, in addition to the $35.00 membership fee, must now be included for those paying after June 1st.
John Strange welcomed visitor, Eleanor Stewart, legislative aide to Senator Janet Greenip. If anyone would like to contact Ms. Greenip, she may be reached at 410-841-3568 or by e-mail at Janet_Greenip@senate.state.md.us.
COMMITTEE REPORTS
Education Committee: Beth Slikker
Rob Leahy, Chairperson of the CAC – Citizen’s Advisory Committee at Severna Park High School, provided an update on their attempt to initiate later start times for the high schools. They have been investigating the impact of start times on the students. Many studies have shown that the early start times provide a detrimental impact on students. The CAC has presented this issue to the Superintendent’s office. They will be looking at two specific options for changing the start times – #1 – change the start time from 7:17 AM to about 8:15 AM and #2 switching the high school to a start time that follows elementary and middle schools – somewhere in the range of about 9:15 AM (this would probably be cost neutral). Further meetings will be held. Mr. Leahy would like to return to the GSPC, possibly in January or February, when he has a firm proposal and receive input from the communities.
Nominating Committee: John Norville
John Norville nominated and the GSPC delegates voted in favor of two additional people to serve on this committee – Charlie Miller, Severndale and Ruffin Cooper, SCHOA. Current officers, with the exception of the Secretary, have accepted nomination for next year. Anyone interested in one of the officer or director positions should contact John Norville at 410-987-0287. There is a particular need for a new secretary.
By-laws Ammendment: John Norville
John Norville, Director and Nominating Committee Chairperson, reported that there is a need for a Vice-President of Public Affairs to appear before the Administrative Hearing Officer as there is a regulation that the person appearing must be an officer of their organization. Therefore, the GSPC Board is recommending a By-laws ammendment to read as follows:
ARTICLE V
OFFICERS
Section 1.
The elected Officers of the Council shall be a President, a Vice President, a Vice President of Public Affairs, a Secretary, and a Treasurer. In addition, there shall be four elected Directors, one of whom will be an ex-officio Director who is a past President, officer or director. They shall be elected by Council delegates, and shall serve as the Board of Directors of the organization. Together they will constitute The Board of Directors and shall be charged with carrying out administrative functions on behalf of the Council as well as other duties as charged by the President and shall meet every month unless otherwise determined by the President.
In addition, under Section 3, the following would be added:
[add] 3. The Vice President of Public Affairs, in addition to all other officers, is authorized to officially represent the Council at all outside meetings of all organizations, such as government meetings, hearings, and appeals. The Vice-President of Public Affairs shall obtain any Council authorizations as required elsewhere in the By-Laws and shall make periodic reports to the Council and to the Board of Directors.
The succeeding two paragraphs will be re-numbered from 3 and 4 to 4 and 5.
There were an insufficient number of delegates present to have a vote on the ammendment. Dave Cottrell, Berrywood, noted that when you have difficulty obtaining a quorum, under the Homeowners Association Law, a meeting can be advertised and notification given in the ad that whoever attends will constitute a quorum and then a vote may be taken. Further discussion indicated that according to Robert’s Rules, we could obtain the vote at this meeting and then recess instead of adjourn at the end of the meeting and then the next meeting would be considered a continuation of the current meeting. A roster of votes would need to be obtained and brought to the December meeting to assure that delegates only vote one time. The Secretary will be responsible for maintaining the roster. 23 delegates voted in favor of the ammendment. There were none against, nor abstained. A motion was made and carried to recess the meeting until December 14th.
BWI Noise Committee: Denny Stam
Denny read portions of a letter from the Maryland Aviation Administration indicating that they are hoping to have a final committee meeting after the first of the year. If anyone would like to contact BWI or the airport administration, please contact Ellen Sample, Manager of Noise and Land Use Compatibility at 410-859-7925 or by e-mail at dsample@bwiairport.com. John Strange requested that Denny ask Ms. Sample to again be a guest speaker in 2005.
Beautification and Community Enhancement Committee – Larry Masterson
Al Johnston reported in Larry’s absence, that the trees that have been run down in the medians are being replaced. The Veteran’s Memorial will be dedicated Memorial Day, 2005.
Police Community Relations: Carroll Hicks
Carroll Hicks, Director and Chairperson, noted that the Eastern District Police Community Relations Council met on October 20th. Their guest speaker was James Weed, Director of the Emergency Management Bureau. He works under the Chief of the Fire Department. There are four areas of this program which include preparedness, mitigation, response and recovery. An emergency response plan is now completed which can be viewed on the county web site at www.aacounty.org.The county is in the process of developing a program that will allow them to contact 3-4,000 people per minute by phone, cell phone, etc, during the time of an emergency. The emergency operations center with its full-time staff of six is planning to move to the old theater site in the center of Glen Burnie. They are seeking volunteers to include ham operators and people to work in the center. In February, 2005, there will be a conference on emergency preparedness.
In addition, Carroll noted that we are in the 13th month of recovery from Hurricaine Isabel. The highest storm surge in the area was 11.6 feet in South County.
Anne Arundel County has the highest thunder storm and lightening strikes in the state. Dialysis patients have quadrupled in the last 14 months.
In the GSPC area, 30 autos were broken into; 13-15 of the cases involved purses being left in plain site. John Strange requested that Carroll obtain a guest speaker from the Police Department for February, 2005 or later.
Public Works: Dan Nataf
Dan reported that the state is in the midst of a “deep study” of the Cypress Creek intersection. It was suggested that Janet Owens be informed when she attends at our next meeting, as well as State Senator Janet Greenip. Roald Horton, McKinsey Park, noted that there is a similar problem at Robinson Road and Ritchie Highway where the lane marking on the pavement is correct – through and left turn and the overhead marking is incorrect – left only. This causes much confusion. Dan will follow-up on these items. Dan also noted that he has posted the GSPC minutes on our website at: www.gspcouncil.org.
Planning /Zoning/Legislation: Al Johnston
Al reported that the Candidates Forum, held last month and moderated by Dan Nataf, was excellent. Electronic capability is now available if a camera can be obtained.
In regards to zoning, please let Al know if you see a special exception or variance sign posted in the GSPC area if you have not heard him report on it. With such a vast area to cover, he may not see each of them.
Legislation, Planning and Capital Projects: Regular=follow, Boldface=report, T/L=Task Leader
410 222-7575 Review Meeting 9-8-04
1st United Pentecostal Church, 1525 Ritchie 32.2A, Grading Permit G02007280, 1,500 seat auditorium.
Whitney’s Landing Dredging Project-Isabel
Cypress Landing West & Berrywood Ridge Public Works Agreement
Community Center Capital Program. CAPITAL 10-04 Bank Annapolis Loan $2.4M GSPC Funding?
C519600, IT Enhancements-Parcel Map, Caroline Gaulke, 410 222-4022 Target 12-04
World War II Memorial Kevin Cooley 410 315-8489, Construction complete, Dedication???
2004-0343 James Henson, Towneck Road, Easement with less width, 10-19-04 Pam Cotter 410 222-7437
2004-0385 Ainsworth/Kris-Leigh, Sign variance 7’x12’, 10:45AM 11-9-04, Pam Cotter 410 222-7437 – Size of sign
opposed by GSPC Board. Awaiting decision.
BA 75--83-03, Raymond Woodard et al, (9 Properties), Vote Unanimous-Opinion pending.
BA17-04A, POSPONED -? Chuck Converse, Spec Excep (Common Septic-Riverdale Restaurant site). – They are
now exploring the possibility of putting another restaurant there.
BA 100-03A Richland Homes Permit to demolish 110 Water St. Hearing 3-2-04, Continued to 6-22-04
Subdivisions:
Cattail Passage, S2002-040, P 2002-084, 15 Units on Jennings Rd, Lori Allen, x7485, Sketch Final Pend.
Variance Review 9-16-04 9:00AM on Whites Rd, Chesapeake Rm, Comm Meet 11-10-04 7:00 PM Libr –
Community and developer working together.
Country Home 2 LLC, West Pasadena Road, Stop Work Order.
Converse LLC, Truck Hse Rd, 4 Lots, Comm&Res, Skch10:00AM 11-10-04, Dan Gerzack 410 222-7458
Severn Acres, St. Martins Ln, 20 Lots, Resub 11:00AM 11-4-04, Jeff Torney 410 222-7458 – Now a total of about
40 lots. They are saving three 30+ inch oak trees by moving lot lines.
No activity:
SP Gateway Village, S04-018, P04-041, Jeff Torney 410 222-7458, T/L Bob Cooper.
Benfield Crossing, C2003-017, 1.51A Retail expansion with access from Exxon Station Mike Murray, 410 222-7960.
SCHOA Covenants. T/L Bob Cooper
St. Martin’s Retreat, S04-030, P04-066, 12 new lots, Jeff Torney 410 222-7458 Cattail Assoc. Sketch 5-6-04 Letter 6-2-
04 . Task Leader Ed McNabb 410 544-8510, 222-7482
Severn Acres S97-49, P 04-126, Mike Murray, x7960, 7 lots, Sketch Plan 7-22-04, Letter received.
Listman-Truckhouse Rd, S#2002-045, P#2002-085 4.9 A, 9 Units, Jeff Torney, x7458, Rev minor 3 lots.
Barranco Properties C2004-002, Planned Comm Proj. 3 Bldgs. 5-6-04, Letter issued. Jeff Torney x7458
Villas at Severna Park (Sonneborn Property), S2001-038, Sketch Plan Approved 9-23-03/conditions, Steve Callahan 410
222-7458 Task Leader, Bill Stark, Manhattan Beach, -410 384-7633 Objections.
Cypress Landing West 3d Revision, Sketch 3-18-04, 11:00AM, Steve Callahan 410 222-7458
Task Team: Karen Schneider/Lynette Cloughey 410 544-7886
Quadrangle, et al, S84-126, 400-4 Jumpers Hold Road, Lori Allen, 410 222-7485. Jumpers Hole Road
Study will impact. 30 Day Zoning Violation Notice 10-8-03. Task Leader, Roberta Mason, Chartwell.
Dyas, Michael Property, 9.9A, 17 lots, S 03-069, Sketch Plan 10-16-03 9:00AM . Lori Allen, 410 222-7485
Sidewalks on Earleigh Heights-both sides. T/L Al Johnston
There are a total of 14 subdivisions pending in Severna Park. Beth Slikker inquired about the Dobbins Island case where the island has been purchased and there is a possibility of construction on it. Gail Smith, Office of Community and Constituent Affairs, reported that the current drawings are being redone as they were not understandable. Since several Severna Park communities are on the Magothy, several people requested that Al include it on his watch list.
Last month, Al prepared a notebook with the 14 amendments to the proposed Zoning Code, that the GSPC membership had approved, and gave one to each County Council members. The notebooks were well received. The amendments were also submitted to the Administration, who picked up three of them. There are 96 amendments proposed by the administration and another 47 for the Subdivision bill. Bed and Breakfast homes have been removed from R5, but not R1 and R2. This could create a problem in Severna Park. If we cannot change this, Al may discuss a referendum in the future.
Al presented seven more amendments for a vote by the GSPC membership as follows:
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Amendment Number |
Approve |
Oppose |
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Bill 67-04 Zoning Issue/Amendment # 1 Arbitrary and capricious appeal limitation. Issue: Excessive restrictions on grounds for appeal. Comment: §26-2-109. Appeal. provides: “A person aggrieved by the approval or denial of an application for a modification, an application for sketch plan approval, or an application for final plan approval may file an appeal to the Board of Appeals. The approval or denial by the Office of Planning and Zoning may not be set aside unless the applicant proves that the decision was arbitrary and capricious.”
The last sentence establishes a restriction on appeal of a Planning Zoning administrative action that exists in no other portions of the Anne Arundel County Code. There have been and will be innocent, and some not so innocent, “errors and mistakes” in the subdivision process. This is especially true of information supplied by the applicant organization. This provision precludes errors and mistakes from being corrected by an appeal to the Board of Appeals. Provision may also violate Anne Arundel County Charter and generally is a most undesirable method of conducting County government. Amendment: Delete in §26-2-109 the following: The approval or denial by the Office of Planning and Zoning may not be set aside unless the applicant proves that the decision was arbitrary and capricious.” |
Yes |
- |
|
Bill 67-04 Zoning Issue/Amendment #2 Notice to community associations and others Issue: Incomplete notification procedure Comment: The proposed §26-3-202 Public notice. provides in §26-3-202(a) Signs required., that an applicant for a sketch plan shall post a sign on the subject property provided by the Office of Planning and Zoning but omits a specification for the information on the sign. Currently those signs contain subdivision and project numbers, name of the applicant and a telephone number for further information.
§26-3-202(c) Notice to community associations and others., notes that the Office of Planning and Zoning provides information on the sign to the Office of the County Executive. The Office of the County Executive in turn “sends a notice containing that information to each community association, person, and organization on its list that is located in the Councilmanic District of the property proposed for subdivision.” Statutory notice provisions customarily contain an itemization of the minimum information to be contained in the notice. §26-3-202(a) contains no such detail. The identification of the Councilmanic district should be provided by the Office of Planning and Zoning rather than researched by the Office of the County Executive. While information at the beginning of the sketch plan approval is important, notice that the plan is going to final approval is critical to the maintenance of community association interests.
Amendment: Add text as indicated to: 26-3-202. Public notice. (a) Signs required. Within seven days after the filing of an application for sketch plan approval, one or more signs shall be posted on the property FACING ALL CONTIGUOUS PUBLIC RIGHT-OF-WAYS to give notice of the application and the developer shall file a certification with clear photographic evidence to verify compliance with this subsection. The Office of Planning and Zoning shall furnish the signs to the developer CONTAINING THE PROJECT AND SUBDIVISION NUMBERS, THE NAME OF THE APPLICANT, A TELEPHONE NUMBER FOR ADDITIONAL INFORMATION, and the developer is responsible for posting and maintaining the signs. (c) Notice to community associations and others. Within seven days after the filing of an application for sketch plan approval, OR AN APPLICATION FOR FINAL PLAN AAPPROVAL, the Office of Planning and Zoning shall provide the information contained on the signs AND THE COUNCILMANIC DISTRICT WHERE THE SUBJECT PROPERTY IS LOCATED to the Office of the County Executive. IF THE PROPERTY PROPOSED FOR SUBDIVSION ABUTS THE BORDER OF ANOTHER COUNCILMANIC DISTRICT THAT INFORMATION SHALL BE PROVIDED TO THE OFFICE OF THE COUNTY EXECUTIVE. The Office of the County Executive shall send a notice containing that information to each community association, person, and organization on its list that is located in, the Councilmanic District of the property proposed for subdivision INCLUDING COUNCILMANIC DISTRICTS ABUTING THE PROPERTY PROPOSED FOR SUBDIVISION. The notice shall state that additional information may be obtained from the Office of Planning and Zoning. |
Yes |
- |
|
Bill 67-04 Zoning Issue/Amendment # 3 Consolidation without subdivision
Issue: Providing informal subdivision without notice to the public. Comment: This procedure may well be illegal under the current code as being a re- subdivision of an existing subdivision. Under this proposed section, as written, property owners would have a right to generate a new subdivision with multiple lots with no planning and zoning review. Titles to such consolidated property(s) may also be in question. Amendment below would retain the procedure but provide safeguards to abuse. There are many places in Severna Park where this procedure could be used.
Amendment: Add text as indicated: 26-3-107. Consolidation without subdivision. The owner of contiguous properties may consolidate the properties INTO A SINGLE LOT OR PARCEL by deed without initiating subdivision if the consolidation of the properties does not create a violation of the development provisions of this article or a violation of the provisions of Article 27 of this Code. THIS PROCEDURE SHALL NOT BE USED WHERE ANY CONSOLIDATED PROPERTY IS CONTIGUOUS TO A PREVIOUS CONSOLIDATED PROPERTY UNDER THIS PROVISION. A PLAT OF THE CONSOLIDATED PROPERTY SHALL BE SUBMITTED TO THE OFFICE OF PLANNING AND ZONING FOR SIGNATURE RECITING APPROVAL UNDER THIS SECTION PRIOR TO BEING RECORDED IN THE ANNE ARUNDEL COUNTY PLAT RECORDS. INFORMATION WILL BE PROVIDED TO THE OFFICE OF THE COUNTY EXECUTIVE SO THAT PUBLIC NOTICE OF THE CONSOLIDATION MAY BE MADE AS IN §26-3-202. |
Yes |
- |
|
Bill 67-04 Zoning Issue/Amendment # 4 Compliance with other law. Issue: Failure of county agencies to follow Federal and Maryland statutes and regulations.
Comment: Under the constitutional structure of this country there are areas of Federal and State jurisdiction that pre-empt Anne Arundel County law and regulations. The State of Maryland owes it existence to the Federal Constitution and is subservient to it. In turn Anne Arundel County owes its existence to the Maryland Constitution and is subservient to it and the laws enacted under its authority. The Annotated Code of Maryland, Article 25A Section 5 (X)(i) specifically grants to Charter Counties the authority to, “enact local laws…relating to zoning and planning…”. In the same section there is a limitation on Charter Counties, “(v) The powers granted to the county shall not be construed:…4. To preempt or supersede the regulatory authority of any State department or agency under any public general law.” During the course of an administrative hearing some time ago, the presiding officer ruled that applicable State regulations had no relevance to the case in hand and refused to admit them into the hearing record. Obviously, an expensive and time consuming appeal to the Circuit Court could have corrected the situation but that action would have been counter productive to any definition of good government. The Maryland Courts of Appeal have repeatedly ruled that applicable State Code and regulations preempts contrary County Code or actions. The frequent citation to “State Code” and “COMAR” is this new Article is a big step forward in the right direction. The proposed amendment below merely continues that practice and states what is the established case law by the Maryland Courts of Appeal.
Amendment: Add the following text as indicated: 26-2-103. Compliance with other law.Except as otherwise provided by this article, all subdivision and development shall comply with all applicable FEDERAL, STATE AND COUNTY law AND regulations, the Design Manual, and the County’s Standard Specifications and Details for Construction. |
Yes |
- |
|
Bill 68-04 Zoning Issue/ Amendment #15 Adequate Public Facilities for Re-zonings
Article 27, § 27-16-303. Issue: Deleting the requirement to show that adequate public facilities exist for the rezoning.
Comment: The current Code requirement in §28-16-210 requires an affirmative finding that, “transportation facilities, water and sewerage systems, storm drainage systems, school and fire suppression facilities adequate…to serve the uses allowed by rezoning are either existing or programmed for construction; “ has been omitted in the new Section 27-16-303, Re-zonings. Removal of this key provision leaves the County in the position of subsidizing applicants for Re-zonings. If public facilities are inadequate for the applicants projected rezoning the nearby communities will be adversely impacted until new facilities can be provided at taxpayer expense.
Amendment: ADD: Article 27-16-303(b)(5), THERE ARE ADEQUATE PUBLIC FACILITIES AS REQUIRED IN ARTICLE 26, TITLE 5. |
Yes |
- |
|
Bill 68-04 Zoning Issue/ Amendment #16 Returning Adequacy of Facilities requirement for Special Exceptions
Article 27, § 27-16-304(10).
Issue: The current Code requirement in §28-12-104 for, “ the applicant demonstrates that the proposed use will meet the standards for adequacy of facilities…” has been omitted in the new Section 27-16-304, Special Exceptions.
Comment: Removal of this key provision leaves the County in the position of subsidizing applicants for Special Exceptions. If public facilities are inadequate for the applicants projected project the nearby communities will be adversely impacted until new facilities can be provided at taxpayer expense.
Amendment: ADD: Article 27-16-304, (10) THE APPLICANT DEMONSTRATES THAT THE PROPOSED USE WILL MEET THE STANDARDS IN ARTICLE 26, TITLE 5. ADEQUATE PUBLIC FACILITIES. |
Yes |
- |
|
Bill 68-04 Zoning Issue/Amendment # 18 Signs in public right-of-way
Issue: Dropping the requirement that signs may not encroach in a public right-of-way
Comment: Current Article 28, §8-105(a) provides, “…A sign may not project into or be located with any public or platted right-of-way without the written approval of the Department of Public Works or the State Highway Administration, or both.“
This very important mandate of Federal Regulations with is a condition of Federal highway funding should not be deleted in Bill 68-04 as a matter of good fiscal policy and general public welfare.
Amendment: Add the following text at the end of §27-3-301(b) A SIGN MAY NOT PROJECT INTO OR BE LOCATED WITHIN ANY PUBLIC OR PLATTED RIGHT-OF-WAY WITHOUT THE WRITTEN APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS OR THE STATE HIGHWAY ADMINISTRATION, OR BOTH. |
Yes |
- |
Following the next County Council meeting, where they will approve more amendments, then it is expected that the bill will be withdrawn and then re-done by Planning and Zoning.
ANNOUNCEMENTS
Anne Arundel County Executive Janet Owens will be the guest speaker at our next meeting on December 14th. Please come with prepared questions and invite members of your communities to attend.
Gail Smith, Community Specialist for the County Executive’s Office, announced that four public hearings will be held in November regarding the draft All Hazard Mitigation Plan which is available on the county web site at www.aacounty.org/OEM/MitigationPage.cfm. The Eastern District meeting will be held November 17th at 7:30 PM at the Eastern District Police Headquarters. The county executive is holding a Holiday Open House on Wednesday, December 8th from 3-6 PM at the Arundel Center.
The meeting was recessed at 9:27 PM
Executive Board – Wednesday, December 1st at 7:30 PM at the Woods Memorial Church.
GSPC General Meeting – Tuesday, December 14th at 7:30 PM in the meeting room of the Severna Park Library.
Respectfully submitted,
Michele Rose, Secretary