Dragon Run Steering Committee
2005 Meeting Minutes
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Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Steering Committee Meeting Minutes (draft)
November 9, 2005
Saluda, Virginia
Agenda
1. Social - Hors d'oeuvres - 6:00 PM
2. Welcome and Introductions - 7:00 PM
3. Sustainable Economic Development Study- Shanna Ratner, Yellow Wood Associates
4. 2nd Annual Dragon Run Day Summary
-Future of Dragon Run Day?
5. Presentation to Jerry Horner, Former Steering Committee member
6. Other Business
7. Adjourn
Attendance
Steering Committee:Prue Davis (Essex), Dorothy Miller (Essex);
Robert Hudgins (Gloucester); Eric Weisel (Gloucester); Fred Hutson (Essex);
Frank Herrin (King and Queen); Jack Miller (Middlesex)
Others: Julie Bixby (Virginia Coastal Zone Management Program);
Anne Ducey-Ortiz (Gloucester Planning Commission), Rachel and Russell Williams
(Friends of Dragon Run-King and Queen); Sue Hertzler (Dragon Run Inn); Bobby Hart
(King and Queen Planning Commission); Dick Brake (Brake and Associates); Billy Mills (
Local Realtor); Pat Tyrrell (NRCS RC&D); Lewie Lawrence (MPPDC); Shanna Ratner
(Yellow Wood Associates, Inc); Sara Stamp (MPPDC)
Welcome
MPPDC staff, Lewie Lawrence welcomed everyone for refreshments and began introductions.
Sustainable Economic Development Study Presentation
Shanna Ratner, consultant from Yellow Wood Associates, Inc, presented a summary
of the findings of their economic development study, Opportunities for Sustainable
Natural Resource-Based Development in the Dragon Run Watershed (WARNING: LARGE DOCUMENT - RIGHT CLICK AND SAVE AS). The report examined
four enterprise papers and three learning papers. "Enterprise papers on utilizing
biodiesel, recycling organic materials, showcasing local crafts and food products and
producing white oak staves for wine barrels provided examples of enterprises that fit
within the overall goal of sustainable natural resource-based economic development for
the Watershed, whether carried out within the public or private sectors. The learning
papers on estate planning, organic production, and controlling public access are intended
to inform the Dragon Run Steering Committee and improve understanding at a conceptual
level." After the summary of the papers, Ms. Ratner asked the attendees to divide into
groups and discuss next steps toward potential implementation of some, all or none of these
practices. Overall, there seemed to be a general leaning toward pursuing more information
about recycling organic materials and utilizing biodiesel, however producing white oak
staves was also discussed by some groups.
Summary of Dragon Run Day
MPPDC staff, Sara Stamp notified the Steering Committee that about 150 people attended the event, but because
of inclement weather, the event was a moderate success. Due to the weather, the nature walks and pond study
were cancelled. However, many exhibitors found that they were better able to discuss exhibits with visitors in
more detail. It was noted that this rarely happens at other festival events.
Sara Stamp reported that sponsors and the sale of hats and t-shirts contributed ($601) toward the development of seed
funds for a potential 3rd Dragon Run Day. At the time of the event, the sponsor who had previously submitted funds had
their logo prominently printed on the back of the Dragon Run Day Brochure.
Where Do We Go From Here?
Sara Stamp discussed some of the potential for an event next year. Because the Virginia Coastal Program will not be
solely funding the event, other sources of funds would need to be sought. In addition to seeking sponsor, the option
may be available to resell hats, which do not have a date printed on them and discounted shirts, which are dated.
There has been an offer from the Chesapeake Bay Governor's School to potential provide pond study leadership with their
own equipment. If not enough funds for DRD3, sponsorship of an educational event with exhibits and a speakers' seminar
may be an option.
The Steering Committee decided to table a continued discussion of the potential for DRD3 until the next meeting.
Presentation to Jerry Horner
Due to a family emergency, Mr. Horner was unable to attend.
Other Business
The Dragon Run Steering Committee decided that it would be appropriate to get an appreciation gift for David and Karen Fuss
for their hard work and dedication. It was recommended that a framed picture of the Dragon Run with a seal on it should be purchased
and presented to the couple. Sara Stamp and Prue Davis will follow-up on this.
Adjourn
Chair Davis adjourned
the meeting.
Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Special Meeting Minutes (draft)
August 24, 2005
Saluda, Virginia
Agenda
1. Welcome
2. Approval of Meeting Minutes from May 11, 2005
3. 2nd Annual Dragon Run Day – reminder to seek sponsorships
and submit nominations for stewardship awards
4. Consideration of subcommittee report regarding Middlesex
concerns about watershed management plan
5. Adjourn
Attendance
Steering Committee: Prue Davis, Dorothy Miller
(Essex); Robert Hudgins, Willy Reay (Gloucester); Frank
Herrin (King and Queen); R.D. Johnson (Middlesex)
Others: David Fuss (MPPDC)
Welcome
Chair Davis called the meeting to order and welcomed everyone.
The purpose of this special meeting is to discuss the subcommittee
report that attempts to satisfy the concerns of Middlesex
County about the Dragon Run Watershed Management Plan.
Approval of Meeting Minutes from May 11, 2005
David Fuss noted that the Committee had not formally approved
the May meeting minutes at its summer quarterly meeting
on August 10th. The Committee decided to table approval
of the meeting minutes until the next regular quarterly
meeting in November.
2nd Annual Dragon Run Day
David reminded the Committee that they need to be seeking
sponsorships and considering nominations for the stewardship
awards for Dragon Run Day. Dr. Reay asked if a sponsor threshold
had been determined. If a sponsor donates more than $1,000,
the logo and/or name will appear on the t-shirt and possibly
the advertising poster. All sponsors, regardless of donation
amount, will be listed in the event brochure.
Consideration of Subcommittee Report
Mr. Johnson and David reviewed the status of the subcommittee
report and indicated that the Committee should accept or
reject the report.
Discussion followed:
• Ms. Miller said that the report covers the Dragon
Run Landowners Association’s concerns and that R.D.
is satisfied, so it is acceptable
• Mr. Johnson noted that the subcommittee used the
booklet of concerns prepared by the Landowners Association
• Mr. Hudgins inquired about the deleting sections
as recommended in the subcommittee’s prior report
• Dr. Reay suggested that a general acknowledgement
of people and the types of people who participated could
be substituted for the specific list of names
• Dr. Reay asked if the only section that was specifically
identified for clarification of Middlesex’s position
was the ‘Access’ section – yes, but it
does not preclude Middlesex from including clarifications/qualifiers
in other sections
• Mr. Hudgins asked the questions: “How will
access be interpreted in the future? Where does the Steering
Committee stand on access – encouraging or discouraging?
Does the clarification/qualifier address the Landowners
Association’s concerns?”
• The Committee discussed public access at length,
with primary conclusions that there are unmanaged existing
public access points (Rts. 602, 603, 604 bridges), trespassing
is a problem, and that managed public access would be best
• Dr. Reay wondered whether the Committee should even
be ‘monkeying around’ with a document that has
been approved by the other 3 counties
• If ‘Access’ section was deleted, then
it would appear that the Committee had omitted access as
an issue and had neglected to discuss it, which is definitely
not the case
• Dr. Reay suggested that the Committee could be giving
input to the development of management plans for public
access sites (e.g. Browne Tract) and request that they be
reviewed every 5 years
• Dr. Reay also suggested that the Committee should
be a vehicle for communicating landowner concerns about
public access to public agencies (e.g. encourage DGIF to
be more responsive to landowner concerns about trespass
during hunting season)
• Mr. Hudgins does not want to see the historic good
stewardship jeopardized by too much access and human impacts;
the Browne Tract is better because it is so far up in the
Dragon, but access in Meggs Bay would be bad
• Ms. Miller urged the Committee to face the issue
of access and try to make it work by balancing the factors
• Dr. Reay said that the Committee needs to get Middlesex
on board with the watershed management plan and then deal
with access as a high priority for the Committee
• Mr. Hudgins raised a couple of points about human
impacts in the Dragon – he was heartbroken when he
found that a fallen tree crossing the stream on his property
had been chain-sawed to allow access to the upper stream
and that there were not so many people in the Dragon 25-30
years ago
• Dr. Reay said that the advantage that the Steering
Committee enjoys is that it can plan ahead and not just
react to crisis situations
Mr. Herrin made a motion to adopt the memorandum from the
subcommittee. Ms. Miller seconded the motion. The motion
carried unanimously by a voice vote.
Further discussion followed:
• Ms. Davis thought that the Committee needed to be
more public about its meetings by inviting people to come
and share their concerns
• Dr. Reay thought that the Steering Committee should
plan a strategic planning meeting and potentially hold a
type of public forum for continuing to work on community
vision
• Ms. Davis suggested that the Committee could advertise
its meetings on local radio
• Mr. Hudgins wondered whether attracting more people
to the Dragon was a good idea
• Mr. Johnson asked what the Committee wanted to do
with the adopted memorandum and how it was to be communicated
to the Dragon Run Landowners Association
• Mr. Herrin indicated that he believes that the Committee
really needs to communicate to the Middlesex Board of Supervisors,
but that first the Committee needs to communicate with the
Landowners Association
• Mr. Johnson suggested that he could take the memo
to Warren Milby, who is president of the Association, but
that the memo should probably be from Mr. Johnson via Ms.
Davis to the Association
• Mr. Herrin thought that the Committee should move
on as soon as possible
• Mr. Herrin suggested that the Committee should get
someone experienced with access and legal issues to speak
to the Committee and landowners
• Dr. Reay asked whether Middlesex should include
the subcommittee’s memo as an appendix to the watershed
management plan, if Middlesex re-adopts the plan
• The Committee reviewed the process followed and
discussion held at the subcommittee meetings
• Mr. Johnson and David will work to communicate to
the Association; Mr. Johnson will deliver the memo and David
will help to prepare materials
• Dr. Reay suggested including a thank you note at
the end of the memo for the time the Association spent on
analyzing the watershed management plan
• The Committee decided to have the memo come from
Mr. Johnson (subcommittee chair) to Ms. Davis (Committee
chair) and then include a cover memo from Ms. Davis (Committee
chair) to Mr. Milby (Association president)
• The Committee decided that they should try to schedule
a meeting with the Association to discuss the memo by the
end of September
Adjourn
Mr. Herrin made a motion to adjourn. Chair Davis adjourned
the meeting.
Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Summer Quarterly Meeting Minutes (draft)
August 10, 2005
Stormont, Virginia
Home of Robert and Carolyn Major
Agenda
1. Social – Potluck Picnic
2. Welcome and Introductions
3. 2nd Annual Dragon Run Day
4. Amendment of By-laws
5. Task Force Report on Coordinating Land Use Policies for
the Dragon Run Watershed
6. Subcommittee Report
7. Sustainable Economic Development Study Update
8. Other Business
• 2005 Gerald P. McCarthy Award Nomination status
• Other Award Programs
• Dragon Run Symposium
• Other
9. Adjourn
Attendance
Steering Committee: Prue Davis, Dorothy Miller
(Essex); Robert Hudgins (Gloucester); Frank Herrin (King
and Queen); R.D. Johnson, Jack Miller (Middlesex)
Others: Fred Hutson (Essex); Anne and Dan Ducey-Ortiz,
Alverda and Hugh Soles (Gloucester); John, Thelma, and Betty
Jensen, Dianne Porreca, Rachel and Russell Williams (King
and Queen); Amy Easterbrook, Christina Greene, Robert and
Carolyn Major (Middlesex); Carolyne Landon; Karen and David
Fuss (MPPDC); Vlad Gavrilovic (Paradigm Design)
Welcome and Introductions
Chair Prue Davis called the meeting to order and began
introductions. Jack Miller was granted permission to present
an award from the Middlesex Board of Supervisors to Robert
Major for his service on the Dragon Run Steering Committee
from 1996-2004. Chair Davis also thanked Robert and Carolyn
Major for their gracious hospitality in hosting the Committee’s
annual picnic at their home.
2nd Annual Dragon Run Day
Education Coordinator Karen Fuss announced that the 2nd
Annual Dragon Run Day would be held on October 8th at the
Rappahannock Community College campus in Glenns. She indicated
that the subcommittee had met twice and announced the subcommittee
members. She described this year’s event as education-oriented,
including a concerted effort to engage teachers and students
from local schools. This year’s event is again funded
by the Virginia Coastal Zone Management Program. However,
additional funds are needed to: 1) develop educational materials
for schools; and 2) purchase t-shirts to sell for “seed
money” for the 2006 festival. She distributed letters
to give to potential sponsors of these activities. Large
sponsors (>$1,000) will have their logo on the t-shirts.
All sponsors will be credited in the brochure. Letters for
nominations for stewardship awards were also distributed.
Nominations should be sent to David Fuss, who will facilitate
the subcommittee’s selection process. The subcommittee
decided that this year’s event would not feature entertainment.
Amendment of By-laws
The Committee considered an amendment to Article III of
its by-laws to add a Planning Commission member to be appointed
by each county. If accepted, the Committee would then consist
of one Supervisor, one Planning Commissioner, and two citizens
with land interests along the Dragon Run or its tributaries
for each county. David Fuss confirmed that the Committee
had correctly adhered to its by-laws by presenting the proposed
amendment at its May quarterly meeting and then tabling
the item until the August quarterly meeting. Mr. Herrin
made a motion to accept the proposed amendment. Ms. Miller
seconded the motion. Mr. Miller asked whether the Planning
District Commission had voted on this proposed amendment.
David confirmed that the Steering Committee had asked permission
to amend its by-laws and the Planning District Commission
had authorized the Committee to do so. Mr. Miller noted
that he would prefer that a Planning Commissioner volunteer
in order to ensure a good member was appointed. Mr. Miller
then called for the question. Chair Davis requested a voice
vote and the amendment passed unanimously.
Task Force Report
As a representative of the Task Force for Preservation
and Progress in the Dragon Run, Mr. Hutson introduced the
Task Force report on coordinating land use policies in the
Dragon Run watershed. He named the participating members
of the Task Force and that they had met monthly for the
last 7 months to craft the document presented to the Steering
Committee. Mr. Hutson then introduced land use planning
consultant Vlad Gavrilovic of Paradigm Design.
Vlad provided an overview of the Task Force report. He
reviewed the mission and goals of the Task Force in coordinating
land use policies among the four counties. He noted that
the Task Force consisted of Planning Commissioners, Supervisors,
and staff and that there were representatives from each
of the counties. He also described how the report was developed
and that there were many revisions and iterations based
on discussions at the monthly meetings. He indicated that
the report was primarily based on the Memorandum of Agreement
that the counties signed in 2002 agreeing to participate
in the Dragon Run Watershed Special Area Management Plan
and to its goals and objectives. The current project is
split into two phases – development of model comprehensive
plan and zoning language and customization of the model
for each county. The project is at its mid-point. He answered
the question, “Why should we change things now?”
by indicating that there are growth pressures beyond local
control, the Dragon Run is a sensitive resource that currently
has no additional protection through the comprehensive plans
and zoning ordinances, and that the timing is right to begin
before the growth pressures increase. The Task Force’s
recommendations include a model comprehensive plan district
and limited zoning changes to implement the comprehensive
plan policies. The model comprehensive plan district includes
the intent and policies that cover the entire drainage area
of the Dragon Run. Implementation recommendations are flexible.
The zoning recommendations include a drainage area zone
(limited use restrictions), a stream buffer zone (additional
200 foot setback from streams, allowing forestry and farming
with best management practices), and a conservation subdivision
option that offers an incentive of up to 10 lots as a minor
subdivision (no rezoning required) in exchange for placing
at least 75% of the parcel under a conservation easement.
The next steps are to meet with each county to customize
the model to fit with their comprehensive plans and zoning
ordinances. The Task Force will serve an ongoing role as
a vehicle for comparing progress on implementation among
counties.
A question-and-answer period followed:
• Mr. Miller asked about the extent and restrictions
in the stream buffer zone
• Mr. Johnson asked about water quality impacts from
clustering lots and septic systems
• Mr. Hutson responded that the advantage is in the
permanent easement on 75% of the original parcel
• Mr. Hudgins asked whether the stream buffer zone
would apply to the cluster area? Yes
• Mr. Hudgins noted that he prefers the cluster area
to be located nearer to the road than the streams
• Mr. Johnson asked whether an applicant could still
apply for a rezoning to a major subdivision? Yes, the conservation
subdivision is only an option, not required
• Mr. Miller asked if the recommendation was to add
the report to the comprehensive plan? Yes, the counties
can adopt the model district in whole or customize it; the
zoning recommendations are a menu of options from which
the counties can choose (all options may not be appropriate
for all counties)
Subcommittee Report
Mr. Johnson presented the subcommittee report with recommendations
to address Middlesex concerns about the Dragon Run Watershed
Management Plan. The recommendations are presented in a
mock draft memo from the Steering Committee to the Middlesex
Board of Supervisors. Mr. Johnson indicated that at its
May meeting the Steering Committee had directed the subcommittee
not to try to offer small, editorial changes to the document.
Rather, the Steering Committee had suggested that major
points be addressed along with some explanations of the
Steering Committee’s intent. The draft memo explains
and clarifies the Steering Committee’s approach to
concerns of the Dragon Run Landowners Association, which
were the primary basis for Middlesex County’s rescinsion
of the plan. Mr. Johnson and David Fuss provided an overview
of the recommendations in the memo. One specific recommendation
is to remove the list of names in the acknowledgements section
that acknowledged those who provided input or participated
in the development of the plan. This was a source of confusion.
The memo also recommends that Middlesex add its own explanations
(in a different font and/or color) of their position on
certain issues, so that there can be no misinterpretation
of Middlesex County’s intent on certain important
issues (e.g. access). Other features of the report include
clarifications of the Steering Committee’s intent
regarding issues raised by the Landowners Association. The
subcommittee asked whether the Committee will accept or
reject its report.
Discussion followed:
• Mr. Miller indicated that Middlesex wants to see
the Landowners Association and the Steering Committee come
forth with joint recommendations
• Mr. Herrin noted that the subcommittee was specifically
formed to deal with the Landowners Association’s issues
and that Mr. Johnson was appointed to the Committee as their
representative/liaison; he noted that Mr. Johnson chaired
the subcommittee
• Mr. Johnson noted that he does not make decisions
for the Landowners Association, but that he is a liaison
between the Committee and the Association
• Mr. Miller suggested waiting until the next quarterly
meeting (November 2005) to take action on the report, so
that the Committee would have time to review the report
thoroughly
• Ms. Porreca indicated that if she was a landowner,
she would be upset to have to wait for an entire year to
get a response from the Committee (Middlesex rescinded the
plan in October 2004)
• Mr. Hudgins said that he would like time to digest
the subcommittee’s report
• David Fuss noted that the next quarterly meeting
is not until November, but that the Chair can call a special
meeting at any time
• Mr. Miller said that the Committee should vote on
the report that is presented
• Mr. Johnson indicated that he is satisfied that
the report addresses the Landowners Association’s
concerns, but that he is not sure how all of the Association’s
members will react to it
Ms. Davis decided to call a special meeting during the
fourth week of August with the exact date and time to be
determined by David Fuss according to the MPPDC Board Room’s
availability.
Sustainable Economic Development Study Update
David Fuss provided a brief update on the status of the
sustainable economic development study being undertaken
by Yellow Wood Associates of Vermont. The consultants visited
the area in June, conducted many interviews (list distributed),
and led the Steering Committee through a process to narrow
the list of topics that will undergo more detailed analysis
to seven (list distributed). The consultants will perform
detailed analyses, draft a report, and present the report
to the Steering Committee for approval. This will likely
occur in November. The project will be finalized by the
end of December.
Other Business
2005 Gerald P. McCarthy Award Nomination
David announced that the Steering Committee received notice
in June that it was not awarded the 2005 McCarthy Award.
Other Award Programs
David announced that he intended to nominate the Steering
Committee for an award with the Citizens Planning Education
Association of Virginia. The Committee accepted this idea.
Dragon Run Symposium
David noted that some Committee members attended the Dragon
Run Research Symposium on Aug. 4th at the Virginia Institute
of Marine Science in Gloucester Point. The event was hosted
by Dr. Willy Reay, Committee member, and the Chesapeake
Bay National Estuarine Research Reserve. There were presentations
on land acquisition, land use planning, public access, environmental
and water quality monitoring, invasive species, aquatic
biodiversity, and forestry.
Other
The symposium featured a presentation about mercury in
the Dragon Run by Louis Seivard of the Dept. of Environmental
Quality. David summarized his presentation and main messages,
since many of the Committee members have been curious about
the health advisory for mercury in largemouth bass posted
by the Dept. of Health. The main ideas are:
• Largemouth bass found in the Dragon Run have a concentration
of mercury in their tissue that may affect human health,
if consumed in enough quantity
• There is no obvious source of mercury - neither
from the land, the water, nor the air
• Air, water, and sediment monitoring is ongoing to
determine the source(s) of mercury
• The chemistry of the swamp water is such that mercury
is readily converted into its toxic form (methyl mercury)and
can accumulate in fish tissue up to 1,000,000 times the
concentration of mercury in the water
Adjourn
Chair Davis entertained a motion and adjourned the meeting.
Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Special Meeting Minutes (draft)
June 23, 2005
Saluda, Virginia
Agenda
1. Welcome and Introductions
2. Dragon Run Day – announcement of pursuit of stewardship
awards
3. Sustainable Economic Development Study – Yellow
Wood Associates
4. Adjourn
Attendance
Steering Committee: Prue Davis (Essex); Rick Allen,
Robert Hudgins, Willy Reay (Gloucester); Robert Gibson,
Keith Haden, Frank Herrin (King and Queen)
Others: Shanna Ratner, Lauren Esserman (Yellow
Wood Associates); David Fuss (MPPDC)
Welcome and Introductions
Chair Prue Davis welcomed everyone and began introductions.
Dragon Run Day - announcement
David Fuss announced that the Dragon Run Day subcommittee
has proposed that the Steering Committee pursue stewardship
awards for citizens at this year’s Dragon Run Day.
He offered several of the subcommittee’s suggestions.
He also asked the Committee to think about award categories
and possible nominees for its next quarterly meeting.
Sustainable Economic Development Study
Shanna Ratner of Yellow Wood Associates, Inc. provided
an overview of the study and its purpose to provide information
on sustaining natural resource-based uses in the Dragon
Run watershed.
Why We’re Here
• Focus on sustaining the long-term economic base
of the region
• This economic base is under pressure from encroaching
development
• Background material was provided with business
opportunities maps
• Interviewed seven people by phone in advance
• The total onsite and by phone interviews is currently
28 with 3 scheduled for Friday
• The region has a strong heritage – this
lends itself to vernacular products and marketing (there
has to be a story to sell and Dragon Run has plenty)
• Widespread concern about the environment of the
watershed – unique asset
• Issue of public access
o Limited public access have kept the Dragon Run undisturbed
o There is a need for more public access
o Need to control access – models?
o Needs to be addressed up front and not later
• Lots of natural resource-based activities already
occurring
o Small craft/hobby activities are under the radar
and not at critical mass for marketing
• Capital is not a problem – investing from
within and can get financing from nearby metropolitan
areas
• Regulations drive markets (e.g. sod market is
driven by requirement to put down sod before a home is
occupied [Erosion and Sediment Control Law]; wooden pallets
require heat treatment before shipping overseas)
• Timber
o Timber land owned for multiple purposes, not just
harvest
o There is a push to regenerate long leaf pine
o Timber supply not a problem for sawmills
o Forest certification is in its infancy
o Companies are all using pine (e.g. pallets, lumber),
which could be vulnerable to market dynamics (e.g. states
like Vermont are not managing timber well and have a
supply problem)
o There are about 10 large farmers in the watershed
o A lot of farmland is rented, so the land base is not
secure
• Confusion about regulations (e.g.
liability, Health Dept.)
• Young people are moving into the area and want to
engage in natural resource-based activities
Enterprise Opportunities
Ms. Ratner provided a detailed review of the many existing
and potential enterprise opportunities that were offered
by interviewees or that Yellow Wood has seen in other areas.
Some were highlighted because they met most or all of the
following criteria:
• High level of interest
• Good stewardship
• Good market potential
• Suitable for current conditions
• Innovative
Broad topics covered included:
• Forestry
• Agriculture
• Aquaculture
• Infrastructure
• Municipal opportunities
• Short, medium, and long-term prospects
Several major issues elicited during interviews may have
bearing on the study, including:
• Regulatory barriers (real and
perceived)
• Labor supply (e.g. trades)
• Land taxes/land use assessment
• Use of severance tax (wood processors pay to state
that returns to counties for pine reforestation; could be
used for purchasing easements to retain forest land)
• Controlled public access
Ms. Ratner led the Steering Committee through a discussion
of the opportunities and then allowed each member 6 votes
to place next to their highest priorities for further detailed
study. The results of the voting yielded the following opportunities
for further study by Yellow Wood:
• Controlled public access: research
into models
• Biodiesel utilization (and production) for municipal
vehicles
• Estate planning program, linked to rights of first
refusal for purchase and/or easements – outreach to
landowners, possibly led by Soil & Water Conservation,
VA Tech Coop Extension
• Recycling Center for organic materials (e.g. wood,
agriculture and fisheries wastes)
• Educational and sales showcase for local foods,
crafts, etc.
• White oak staves for wine barrels: at least find
out if it could be done
• Organic produce / CSAs: What would it require to
market your product as organic?
Adjourn
Chair Davis adjourned the meeting.
Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Spring Quarterly Meeting Minutes (draft)
May 11, 2005
Saluda, Virginia
Agenda
1. Welcome and Introductions
2. Amendment of By-laws – add Planning Commission
members
3. Subcommittee report – R.D. Johnson
4. Report on Coordinating Land Use Policies for the Dragon
Run Watershed - Fuss
5. Sustainable Economic Development Study Update - Fuss
6. Dragon Run Story Project - Carolyne Landon
7. Other Business
- 2nd Annual Dragon Run Day
- Formal approval of meeting minutes
- River law re: public access
- Legislative update
8. Adjourn
Attendance
Steering Committee: Prue Davis, Dorothy Miller,
Scott Owen (Essex); Rick Allen, Robert Hudgins, Willy Reay
(Gloucester); Robert Gibson, Frank Herrin (King and Queen);
R.D. Johnson (Middlesex)
Others: Mike and Lorna Anderberg, Mary Ann Krenzke
(Friends of Dragon Run); Julie Bixby (VA Coastal Program
at DEQ); Anne Ducey-Ortiz, Hal McVey (Gloucester); Robbie
Hudgins (Mathews); Fred Hutson (Essex); Andy Lacatell, Carolyne
Landon (The Nature Conservancy); Russell and Rachel Williams
(King and Queen); David Fuss (MPPDC)
Welcome and Introductions
Chair Prue Davis welcomed everyone and began introductions.
Amendment of By-laws
David Fuss distributed the proposed amendment to Article
III, Section 2 of the Steering Committee By-laws to add
one Planning Commissioner to the membership appointed to
the Committee by each locality. He advised the Steering
Committee that Article VI of the By-laws requires the Committee
to table the matter until the next regular meeting, which
would be held on August 10th. At that time, a vote can be
taken.
Rick Allen made a motion to table the matter until the
August 10th meeting. Frank Herrin seconded the motion. Motion
carried.
Subcommittee Report
Subcommittee Chair R.D. Johnson presented the Steering
Committee with a progress report. The subcommittee was formed
to address the concerns of Middlesex County when it decided
to rescind its adoption of the Dragon Run Watershed Management
Plan. He indicated that the subcommittee had met three times
and asked for the Steering Committee to provide some feedback,
guidance, or direction concerning its recommendations.
Mr. Johnson provided a brief overview of the main recommendations.
Chair Davis asked Mr. Johnson to review the progress report
point-by-point. During this review, the discussion points
were:
• Do the proposed changes alter the plan such that
re-approval would be needed from the other three counties?
No, the other three counties have already approved the
plan; this is an effort to try to bring Middlesex on board
with the other three counties
• One recommendation is to delete Section 1C –
Public and Landowner Access Issues; Why is this proposed?
o The Dragon Run Landowners Association (which influenced
Middlesex County’s decision to rescind adoption
of the plan) does not want any more public access
o More public access to the Dragon Run will ruin it
o Liability is an issue for landowners
- Legal costs
- Insurance policy costs
- Could be dropped from insurance due to claims
- Hunt clubs typically carry insurance to ease landowner
concerns
o Does removal of this section actually change anything
regarding public access? No, this is to address Middlesex
concerns and to try to remove any implication of promoting
public access
o Subcommittee Chair Johnson read Section 1C aloud in
its entirety
o Dr. Reay advocated retaining the section, but have
Middlesex add their opinion on this topic; otherwise,
it may appear that the issue of public access and landowner
liability has been overlooked by the Steering Committee
o Ms. Krenzke asked about the possibility of someone
providing access privately? Most zoning districts in
the Dragon Run watershed allow campgrounds as a special
exception/conditional use permit. These cases are heard
by the Board of Zoning Appeals and sometimes the Board
of Supervisors, usually with a public hearing. However,
the case is generally strictly interpreted by the regulations,
and there is little room for interpretation.
• Dr. Reay indicated his concern about removing
the word “watershed” from the title and throughout
the document; his concerns center primarily around interconnectivity
and how land use throughout the watershed may impact water
quality
• Mr. Anderberg asked if the Dragon Run Landowners
Association was concerned about major restrictions throughout
the watershed as a result of the watershed management
plan? Mr. Johnson responded that this was the case. Mr.
Anderberg noted that the intent was to more thoroughly
evaluate proposed development, not impose sweeping restrictions
• Dr. Reay used the example of mercury pollution
to illustrate the need to use a watershed approach, as
one county’s actions will not solve the problem;
he offered the possibility of Middlesex including specific
language about how they are concerned about water quality
• Mr. Johnson advised that the next steps might
be for the subcommittee to complete its recommendations,
for the Steering Committee to finalize its recommendations,
and call a joint meeting with the Landowners Association
and, if acceptable, for Middlesex to consider adoption
as amended
• Mr. Anderberg indicated that it was important
to coordinate policies among the four counties and that
it would be good to get a list of Middlesex objections
• Mr. Herrin agreed and indicated that the subcommittee
has considered a list of Landowners Association objections;
he suggested that the subcommittee draft a report for
the Landowners Association, addressing their concerns
generally, rather than an exhaustive list of specific
changes
• Mr. Gibson noted that the Landowners Association
represents only a few landowners; for example, he owns
property in Middlesex along the Dragon Run and was not
asked to join the Association
• Mr. Hudgins indicated that there should be communication
among the counties and that Middlesex needs to be on board
to work effectively; for example, Middlesex should be
notified when they may be affected by actions of the Middle
Peninsula Chesapeake Bay Public Access Authority in adjacent
counties
Mr. Herrin made a motion to advise the
subcommittee to draft a general (not specific) memorandum
for Middlesex County and the Landowners Association that better
explains the watershed management plan (e.g. what it means,
purpose, not law or regulation). He asked the Committee for
direction for the format.
Mr. Allen indicated that the memo should include more goals,
rather than just an explanation.
Chair Davis noted that a formal motion is not necessary
and asked for consensus on providing direction for the subcommittee.
Consensus was reached on Mr. Herrin’s motion.
Report on Coordinating Land Use Policies for the
Dragon Run Watershed
David Fuss provided an overview of the Planning Task Force
work on a model Comprehensive Plan District and Zoning Framework.
The Task Force is composed of Planning Commissioners, Supervisors,
planning staff, and Steering Committee members. Its work
is being facilitated by consultant Vlad Gavrilovic of Paradigm
Design. The Task Force has met monthly since January.
The project has two broad phases: 1) Develop model Comprehensive
Plan and Zoning Frameworks with the Task Force; and 2) Work
with each County to customize plans and ordinances to fit
their needs.
The Task Force has reached general consensus on a model
Comprehensive Plan District and is now developing a model
zoning framework. The Comprehensive Plan is a guide for
localities and does not carry the force of law in controlling
land development and regulating land use.
The model Comprehensive Plan District text can be summarized:
• Based on the Memorandum of Agreement (2001),
the overall intent is to remain largely rural, with low
intensity uses, and to preserve its key natural areas
and its water quality
• The boundaries are not mapped, but are generally
defined as the watershed boundaries
• The intent of the policies is not to prevent development,
but through policies and standards, to ensure that development
is compatible with the natural resources and low intensity
rural character
• Various policies are covered and can be summarized:
o Maintain rural character into the
future
o Low intensity land uses should be compatible with natural
resources and rural surroundings
o Extension of central water and sewer is not consistent
with preserving rural character
o Support the cornerstone rural industries, such as farming
and forestry
o Protect key natural resources
o Discourage extensive public recreation and tourism
The Task Force started on the model zoning framework at
its fourth meeting, starting with background on the Chesapeake
Bay Preservation Act and the Dragon Run Conservation District.
There are two broad optional approaches: 1) land use-based
provisions; and 2) performance-based provisions.
So far, Task Force discussion has covered the following:
• There should not be detailed
or restrictive standards applied watershed-wide
• The focus should be on streamside performance standards
• Watershed-wide provisions should center on a general
table of permitted land uses
• There should not be any density provisions in the
model overlay zone
• In general, the approach should be to simplify the
Dragon Run Conservation District (currently soils-based
and difficult to administer) to a simple, linear buffer
that extends existing Chesapeake Bay RPA standards
• Cluster options will be considered to preserve open
space without changing the underlying density
The Task Force’s next steps are to refine the model
zoning framework by the end of June and schedule a joint
meeting with the Steering Committee to present the final
recommendations. The consultant will develop illustrations
and presentation materials to explain the model comprehensive
plan and zoning frameworks for later use by each county.
The second phase of the project (Jul-Dec) will focus on
working with each county’s planning officials and
staff to customize the models.
Mr. Anderberg noted an apparent inconsistency between the
use of cluster options and discouraging the use of central
water and sewer (i.e. there may not be enough room for septic
drainfields, so central systems may be needed). David Fuss
indicated that the Task Force had not fully addressed this
issue. Mr. Hutson noted the common example of splitting
large parcels into minor subdivisions, when clustering would
allow considerable acreage to remain in open space. Ms.
Ducey-Ortiz indicated that the cluster options do not change
the current density, which allows room for septic drainfields.
Mr. Allen also noted that there is a difference in infrastructure
between providing public water/sewer and a smaller, central
system for a cluster area.
The Steering Committee agreed to schedule a joint meeting
with the Task Force at its regular meeting of the fourth
Tuesday, June 28th at 7:30 PM at MPPDC.
Sustainable Economic Development Study Update
David Fuss distributed the Plan of Work for the sustainable
economic development study. He reminded the Committee that
the first attempt to complete this study failed. This time,
MPPDC solicited proposals from across the country and selected
a very capable firm, Yellow Wood Associates, Inc., to perform
the study. He indicated that successful completion of the
study will require Committee input and participation.
Dragon Run Story Project
David Fuss and Andy Lacatell provided a brief background
on a project that was undertaken by a Virginia Tech student
several years ago. The student compiled a lot of existing
information, but did not document personal stories from
people who lived and worked in the Dragon Run. Carolyne
Landon, an M.F.A. candidate at Goddard College in Vermont,
made frequent childhood visits to her grandparents’
home in Gloucester along the Dragon Run. Her father, Leonard
Landon, was a hunting and fishing guide on the Dragon Run
and a founding member of Friends of Dragon Run.
Carolyne lives in Fincastle, Virginia and is an accomplished,
professional artist who worked primarily in New York and
Washington, D.C. She has been a portrait artist, courtroom
artist, and newspaper illustrator. She plans to interview
people about their memories of the Dragon Run for her master’s
project. She intends to stay for several weeks at a time
and document the oral history of those who have made the
Dragon Run their home. She hopes to collect photographs,
as well. Her goal is to present her work at a conference
at Goddard College in October.
She asked for assistance in finding contacts. The Committee
agreed to help and also offered suggestions, such as the
Dept. of Historic Resources in Richmond and county museums.
Other Business
Dragon Run Day
David announced that the Virginia Coastal Program will provide
funding to hold a second Dragon Run Day. The Committee will
need to secure a coordinator for the event, like last year.
Chair Davis offered the suggestion that last year’s
coordinator, Karen Fuss, be secured for this contract position.
The Committee agreed by consensus and directed staff to
prepare contract language as such. The Committee also agreed
to request to again hold the event at Rappahannock Community
College in Glenns.
The Committee then discussed a date for the event. After
checking for conflicts with other events, the Committee
agreed to ask RCC to hold the event on Saturday, October
8th, with an alternate date of October 22nd. David reminded
the Committee that for last year’s event they had
formed a subcommittee to advise the event coordinator. Chair
Davis indicated that the coordinator should contact the
members of last year’s subcommittee. Dr. Reay also
indicated his interest in helping with the subcommittee.
Formal Approval of Meeting Minutes
David indicated that the subcommittee has been formally
approving their meeting minutes and recommends that the
Steering Committee consider taking this action. Mr. Herrin
made a motion that the Steering Committee start formally
approving its meeting minutes. Mr. Allen seconded the motion.
Motion carried.
River Law re: Public Access
Due to the Steering Committee’s interest in public
access and private property rights, David provided the Committee
with a publication from National Rivers entitled, “River
Law: Who owns the rivers? Questions and answers about river
ownership, use, and conservation.”
Legislative Update
David provided the Committee with a listing of passed bills
and resolutions from the 2005 General Assembly session.
2005 McCarthy Award Nomination
David informed the Committee that he had nominated the Committee
for the 2005 Gerald P. McCarthy Award to be given by the
University of Virginia’s Institute for Environmental
Negotiation. He thanked Julie Bixby of the Virginia Coastal
Program for providing a letter of support. He distributed
copies of the nomination letter and the support letter.
Browne Tract Brochure
Since the Committee has been interested in the Middle Peninsula
Chesapeake Bay Public Access Authority (MPCBPAA), David
distributed copies of the MPCBPAA’s brochure describing
the Browne Tract, a public access site in Essex and King
and Queen Counties along the Dragon Run.
Announcements
David announced several items:
• Land Preservation Agreement Seminar
sponsored by the Middle Peninsula Land Trust and the Northern
Neck Land Conservancy on May 16 and 18 from 9 – 11
AM at Rappahannock Community College, Glenns and Warsaw
Campuses respectively
• Workshop entitled “Groundwater Connections:
Nonpoint Source Pollution and the Interaction between Groundwater
and Surface Water” sponsored by the Virginia Chapter
of the Soil and Water Conservation Society on June 15 from
8:30-4 in Henrico County
• A brief investigation of the freshwater mussel populations
was performed in the Dragon Run on April 5th by scientists
from the U.S. Fish and Wildlife Service, Virginia Tech,
and the Dept. of Game and Inland Fisheries
Dr. Reay made several announcements:
• The Virginia Institute of Marine
Science is holding Marine Science Day for children and families
on May 21st
• The Chesapeake Bay National Estuarine Research Reserve
is conducting water quality monitoring in the Piankatank
River and at New Dragon Bridge, recording data every 15
minutes
• A joint mercury monitoring program has been established
for the Dragon Run, including water monitoring by the Dept.
of Environmental Quality and an atmospheric deposition site
in Harcum by the Chesapeake Bay National Estuarine Research
Reserve
• A Dragon Run Symposium is tentatively planned for
the summer at the Chesapeake Bay National Estuarine Research
Reserve offices on the campus of the Virginia Institute
of Marine Science that will showcase research and studies
performed in the Dragon Run
Adjourn
Mr. Herrin made a motion to adjourn. Chair Davis adjourned
the meeting.
Dragon Run Steering Committee
Middle Peninsula Planning District Commission
Winter Quarterly Meeting
February 9, 2005
Agenda
1. Social Hour
2. Welcome and Introductions
3. Acknowledgement of Robert and Carolyn Major’s service
to the Steering Committee
4. Status of Amendment of By-laws - MPPDC consideration
of request to include Planning Commission member from each
county
5. Subcommittee report on addressing Dragon Run Landowners
Association concerns about watershed management plan –
R.D. Johnson
6. Report on Coordinating Land Use Policies for the Dragon
Run Watershed - Vlad Gavrilovic (Paradigm Design)
7. Update on Sustainable Economic Development Study - Response
and review of proposals
8. Other Business
- 2nd Annual Dragon Run Day?
- Access to the Dragon Run - Horner
- Ed McMahon talk - DVD
- Other
9. Adjourn
Attendance
Steering Committee: Dorothy Miller (Essex); Jerry
Horner (Gloucester); Robert Gibson, Frank Herrin (King and
Queen); R.D. Johnson, Jack Miller (Middlesex)
Others: Robert and Carolyn Major (Middlesex);
Davis Rhodes (Friends of Dragon Run); Vlad Gavrilovic (Paradigm
Design); David Fuss (MPPDC)
Social Hour
The Committee and guests enjoyed a light dinner and social
hour.
Welcome and Introductions
Vice-Chair Frank Herrin chaired the meeting in the absence
of Chair Prue Davis. He welcomed everyone and began introductions.
Acknowledgement of Robert Major’s Service
to Steering Committee
Mr. Herrin made complementary remarks about Mr. Major and
his service on the Steering Committee from 1996-2004 (9
years). He indicated that Mr. Major taught Mr. Herrin a
great deal about the Committee when he first became a member.
On behalf of the Steering Committee, Mr. Herrin awarded
Mr. Major a Certificate of Excellence and framed map print
of the Middle Peninsula. Mr. Miller observed that Mr. Major
was the first appointment that he made when he took office
and he was congratulatory of Mr. Major’s efforts.
Status of Amendment of By-laws
David Fuss reminded the Committee that it had requested
permission from the Planning District Commission to expand
its membership by adding one Planning Commissioner from
each county. David explained that the resolution considered
by the Planning District Commission had been tabled. Mr.
Miller explained that he had requested the resolution be
tabled because he had a question about paying Planning Commission
members for attending meetings and wanted to clear that
up with the Planning Commission and staff. David explained
that, according to the Committee’s by-laws, the earliest
it could be presented to the Committee would be at its May
meeting and then it must be tabled with a decision at the
August meeting.
Subcommittee Report
Mr. Johnson, Chair of the Subcommittee, provided an overview
of the subcommittee’s approach to addressing concerns
of Middlesex landowners about the watershed management plan.
Using a report prepared by David Fuss, Mr. Johnson defined
the primary issues as confusion about the list of names
in the acknowledgement section, determining the extent of
the watershed planning area, and public access. Mr. Johnson
indicated that the subcommittee had used a booklet with
the Landowners’ Association’s concerns. He indicated
that the subcommittee felt that it needed to give flexibility
to landowners in determining future land use.
Mr. Miller reported that the General Assembly was concerned
about the 2010 deadline for the Chesapeake 2000 Agreement.
Mr. Miller is worried about loss of local control over land
use regarding water quality regulation. He does not want
the federal government to assume control of regulating land
use through water quality.
Mr. Horner observed that water quality in the Chesapeake
Bay is degraded and getting worse. There are threats to
fisheries, such as mercury in fish tissue and lesions of
striped bass.
Mr. Herrin noted that if we cannot take care of our own
resources, then maybe the federal government should assume
control. So, the Steering Committee and the local governments
should take the first shot at it. He stressed the need for
the debate on these issues to be conducted openly and honestly.
He advocated for Middlesex demonstrating leadership, rather
than just telling the other counties to catch up.
Mr. Johnson indicated that the Landowners Association’s
concern is that there is a document in place that can shut
down development in the future (e.g. 10 years from now).
General discussion centered on concern that too many people
using the Dragon Run will cause its degradation. Concern
and uncertainty was expressed regarding the Middle Peninsula
Chesapeake Bay Public Access Authority and its recent purchase
of the Browne Tract in Essex and King and Queen Counties.
David provided a brief summary of the Access Authority’s
formation, membership, mission, and goals for the Browne
Tract and other land acquisitions in the Dragon Run watershed.
Upon request, Davis Rhodes said that the Friends escort
less than 300 visitors down the Dragon Run each year and
that they are always closely supervised and guided.
Mr. Horner advocated for more public access to the Dragon
Run, particularly for groups like those from Rappahannock
Community College that he has been leading for 30 years.
He feels that the number of visitors has been going down
since the 1980’s. Also, there did not used to be any
“Posted No Trespassing” signs along the Dragon
Run. He feels that the landowners negatively reacted to
the Dragon Run Steering Committee activities (e.g. watershed
management plan) by shutting off access to the Dragon Run
and so the Steering Committee has some responsibility to
address this access limitation. He feels that people acquire
a vested interest in something when they share it and that
the entire community will be needed to protect the Dragon,
not just the streamside landowners. He believes that the
Dragon Run can be shared without degradation, largely because
it is still a difficult place to enter and navigate and
it is not for everybody.
Mr. Gibson felt that the Public Access Authority could
be a concern for Middlesex landowners when trying to get
the watershed management plan approved in Middlesex County,
since Middlesex County is not a member of the Public Access
Authority.
Mr. Johnson expressed concern that providing public access
for waterfowl hunting could prompt riparian landowners to
put up duck blinds to prevent hunting from boats.
Mr. Miller indicated that he was not as worried about access
as he was about development pressure. Discussions about
the subcommittee and the planning task force’s deliberations
followed.
Mr. Herrin suggested tabling the issue of the subcommittee’s
report until later in the meeting and the Committee agreed.
Report on Coordinating Land Use Policies for the
Dragon Run Watershed
Vlad Gavrilovic, Paradigm Design, presented a shortened
version of the PowerPoint show that he presented at the
Planning Task Force meeting on January 25th. He began by
answering the question, “Why change things now?”
Next, he reviewed the findings from the Dragon Run Land
Use Policy Audit. He made the point that a growing population
leads to more taxes and thereby increases pressure to convert
rural land to other more intense land uses. He noted that
it is much easier to implement planning tools and identify
a community vision for the future before growth pressure
intensifies. Finally, he provided project background and
overview and objectives. The project will consist of two
phases – drafting model comprehensive plan and zoning
language and adapting the models to individual counties.
He covered the roles of the various participants. A brief
question-and-answer period followed.
Update on Sustainable Economic Development Study
David Fuss gave a brief overview of the project. He indicated
that six proposals had been received in response to the
Request for Qualifications that was advertised widely. He
will be convening a small review team soon to evaluate the
proposals. This project was readvertised when the Virginia
Institute of Marine Science was unable to complete the project
as contracted.
Other Business
Second Annual Dragon Run Day
The Committee discussed the idea of sponsoring a Second
Dragon Run Day. The main positive features are that both
visitors and exhibitors enjoyed themselves and that it was
educationally oriented. The main negative feature is concern
about the size of the event growing. Ms. Miller made a motion
that the Committee pursue sponsoring a Second Dragon Run
Day. Mr. Miller seconded the motion. Motion carried unanimously.
Access to the Dragon Run
Mr. Horner asked to discuss the issue of public access
to the Dragon Run. He believes that maintaining access helps
the economy, boosts local pride, and provides recreational
benefits. He denies the claim that there will be a major
influx of people if access is provided. He does not like
the idea of depriving people of an educational experience
about the Dragon Run. He feels that as a publicly appointed
body, the Steering Committee should think about the good
of the general public, as well as the riparian landowners.
Mr. Gibson and Mr. Herrin expressed concern about landowner
liability and the possibility of lawsuits.
Mr. Horner advocated for opportunities to enjoy outdoor
recreation and education in the Dragon Run. He believes
that the Steering Committee is at least partly responsible
for the landowners’ reactions to the watershed management
plan adoption to cut off access to the Dragon Run. Therefore,
he argued that the Committee should deal with the issue
of limited access.
Mr. Herrin stated that he would not accept the responsibility
on behalf of the Steering Committee for causing the landowners’
reaction.
Subcommittee Report (continued)
Mr. Herrin asked the Committee to return to the issue of
the subcommittee report. The Committee engaged in a debate
about public access. One new viewpoint that was raised was
the access for education purposes is available now by landowner
permission.
Mr. Miller moved to have the subcommittee continue on its
present course as outlined in the report. Ms. Miller seconded
the motion. Motion carried unanimously.
Other Business (continued)
Ed McMahon talk on DVD
David Fuss provided a brief summary of the talk on open
space development and smart growth given by Ed McMahon at
St. Clare Walker Middle School on Nov. 30, 2004. He indicated
that a DVD of the talk was available.
Citizens Agenda for Rivers
David stated that Friends of Dragon Run had asked him to
bring up the possibility that the Steering Committee would
endorse the Citizens’ Agenda for Rivers. Davis Rhodes
said that Friends of Dragon Run had not decided whether
to endorse the Agenda. Mr. Herrin asked David to provide
the Committee members with copies of the Agenda and that
they would consider it at the next regular meeting in May.
Adjourn
Mr. Herrin adjourned the meeting.
Dragon
Run Steering Committee
Middle Peninsula Planning District Commission
Spring Quarterly Meeting
January 12, 2005
Agenda
1. Welcome and Introductions
2. Review of status of watershed management plan in Middlesex
Co.
3. Discussion of subcommittee to address Middlesex concerns
4. Discussion of Dragon Run Landowners Association concerns
5. Next Steps - Subcommittee meetings
6. Adjourn
Attendance
Dragon Run Steering Committee:
Prue Davis (Essex); Robert Gibson, Frank Herrin (King
and Queen); R.D. Johnson, Jack Miller (Middlesex)
Dragon Run Landowners Association:
W.D. Edwards, Eric Johnson, John Major, Warren Milby,
John M. “Buddy” Moore, James Pitts, Hugh Soles
Others: Mike Anderberg (Friends
of Dragon Run); William and Jean Boughton, Brian Thornton
(Gloucester); Vlad Gavrilovic (Paradigm Design); David
Fuss (MPPDC)
Welcome and Introductions
Prue Davis called the meeting to order and
began introductions.
Review of status of watershed management
plan in Middlesex County
David Fuss provided an overview of the status
of the watershed management plan in Middlesex County.
Middlesex adopted the plan on May 18, 2004 and rescinded
the plan on October 19, 2004. The rescinsion was largely
due to concerns raised by the Dragon Run Landowners Association.
Discussion of subcommittee to address
Middlesex concerns
David Fuss indicated that the Dragon Run
Steering Committee had formed a subcommittee to work on
changes to the watershed management plan that address
the Landowners Association’s concerns. The subcommittee
consists of R.D. Johnson, Frank Herrin, and Keith Haden.
The subcommittee hopes that tonight’s discussion
will guide its work. The subcommittee hopes to begin its
work in late January or early February.
Discussion of Dragon Run Landowners
Association concerns
David Fuss gave a brief overview of the
history and purpose of the Dragon Run Steering Committee
and the watershed management plan project.
Mr. Major inquired what was wrong with developing
land along the Dragon Run.
Mr. Edwards recounted the recent rescue
of a hunter who was lost in the Dragon Run. He attributed
this occurrence to publicity about the Dragon Run by the
Steering Committee. He advocated for leaving the Dragon
alone and not bringing people to it. He argued that Friends
of Dragon Run have been misrepresenting the Dragon Run
and access to it. He noted that the rescued hunter would
have been trespassing on private land had he gotten out
of his boat.
Mr. Moore argued that the watershed management
plan misrepresents itself because it includes the entire
watershed but often people only think of the main stream
itself. He claimed that the plan negatively impacts property
rights. He comes from a long lineage that has long protected
the value of family property along the Dragon Run. The
concept of “watershed” is misrepresented to
the public. Furthermore, the list of participants in plan
meetings was misunderstood as a list of those who approved
the plan.
Mr. Herrin expressed concern that the Landowners
Association was not coming into this meeting with an open
mind and a wish to seek common ground with the Steering
Committee. As a private landowner, he wants to protect
the Dragon. He opposed the BFI landfill in King and Queen,
even though it was approved. He believes that the landowners
have been admirable in their protection of the Dragon
Run. He also feels like Mr. Moore is not paying attention
since he said he did not remember Mr. Herrin even though
they have met on five different occasions.
After a short-lived call for Chair Davis
to adjourn the meeting, Mr. Moore produced the Landowners
Association’s report that analyzes the watershed
management plan. He indicated that their specific concerns
are contained in this report and that he will provide
copies of this report to the Steering Committee.
Eric Johnson expressed discontent with the
way the public hearing about the watershed management
plan was handled in Gloucester. He feels that the plan
obligates the county to a lot of things that impact landowners.
He also feels sorry for the three counties who adopted
the plan (Essex, Gloucester, King and Queen).
Mr. Moore accused the three counties who
adopted the plan of violating state law because they did
not notify landowners when it affects more than 25 landowners.
He also expressed disappointment that there was no discussion
of specific suggestions by the subcommittee to address
the Landowners Association’s analysis.
Mr. Herrin indicated that he did not get
a copy of the report, and neither did Chair Davis nor
David Fuss. He went on to state that the purpose of the
watershed management plan is to protect the Dragon Run
and property rights. His main issue during the development
of the plan was property rights, about which he feels
very strongly. He also noted that there were many disagreements
during the development of the plan and that the final
document is a result of many compromises by the stakeholder
group. He agrees that access to the Dragon Run is a problem
and that some people feel that they can go anywhere even
if it is on another’s property. He has had birdshot
rain down on him in his own driveway from waterfowl hunters
in the Dragon Run. He is sorry that the Landowners Association
did not participate in the development of the plan. He
noted that Middlesex representatives always said that
they had the strongest zoning near the Dragon Run of the
four counties involved and that Middlesex zoning could
serve as a model for the others. He indicated that the
watershed management plan was not intended to interfere
with property rights.
Mr. Pitts said that Mr. Herrin was talking
out of both sides of his mouth by claiming that the plan
does not impact property rights. He argued that no protection
is needed beyond the main channel and the Chesapeake Bay
Preservation Areas. Why does the Dragon Run need more
protection than other rivers?
Mr. Miller noted that US17 is the spine
of Middlesex County and that there is a lot of land adjacent
to US17 that is within the watershed.
Mr. Moore said that some of these issues
have been discussed by the Steering Committee since 1985,
so this is not a 2-year project as claimed. In 1987, the
Steering Committee developed the Dragon Run Conservation
District that was not adopted by all of the counties.
He feels that the project is a money deal to perpetuate
the Planning District Commission (PDC) operations with
grant funding. He would like to know how much money has
been spent since 1985 for the PDC to protect the Dragon
Run. He is concerned about ongoing grant funding through
the Steering Committee in Sections 7 & 8 of the plan
because the Landowners Association is against anything
that guarantees the existence of any governmental organization.
He indicated that he does not know what the PDC does or
what benefit it provides to Middlesex County.
Mr. Pitts noted that they had met with Chair
Davis, David Fuss, and Dan Kavanagh in October 2004 and
they had said that they could change nothing in the plan.
That is why Middlesex County rescinded the plan.
Mr. Moore said that the Steering Committee
was told things about landowner rights that were not true.
He acknowledged that the Steering Committee staff was
competent. He explained that the Landowners Association
became adversarial because they felt that the watershed
management plan was misrepresented to the Steering Committee.
He argued that the plan contained an automatic obligation
to proceed with the next steps recommended in the plan.
Mr. Herrin said that he does not believe
that the watershed management plan obligates the counties
to pay for implementation.
Mr. Pitts asked why put information into
the plan if it obligates the counties. He argued that
landowners ought to be able to sell their land if they
wish. He also argued that publicity is the biggest threat
to the Dragon Run because it attracts more people to it.
Mr. Moore indicated that if the counties
came to an agreement on zoning, then that would be the
right direction for this effort. As former Chair of the
Dragon Run Steering Committee, he explained the development
of the Dragon Run Conservation District in 1987 that was
adopted by Essex, Gloucester, and King and Queen Counties.
When asked about why Gloucester County did not adopt the
Dragon Run Conservation District, Mr. Moore responded
that it was viewed as a first step toward conservation
of the Dragon Run, but that greed of the landowners impeded
adoption in Gloucester County. He suggested that the Steering
Committee move away from the watershed management plan
and represent the county on other issues as a safeguard
or watchdog for the Dragon Run.
Mr. Pitts and Mr. Herrin both stated that
they believed the Steering Committee would need permission
to perform this type of role.
Mr. Major stated that the Steering Committee
should pursue a no wake zone in the lower Dragon/upper
Piankatank because of serious erosion problems.
Mr. Pitts described a legal division between
the tidal and nontidal portions of the Dragon Run. He
argued that above US17, landowners could fence off the
stream if they wished. He expressed his discontent with
the use of grant funding for a study of beaver dams and
fish passage on the Dragon Run. This project was mistakenly
attributed to the Dragon Run Steering Committee, but later
it was correctly attributed to The Nature Conservancy
without any Steering Committee involvement. Mr. Pitts
requested the Mike Anderberg of Friends of Dragon Run
offer his views.
Mr. Anderberg explained that Friends of
Dragon Run were well aware of the watershed management
plan and that many members had participated in its development.
He described the plan as a roadmap for the counties as
a way to achieve consistency in zoning ordinances and
comprehensive plans among the four watershed counties.
Addressing the concept of ‘watershed,’ Mr.
Anderberg argued that a 500-foot buffer along the main
stem of the Dragon Run does not encompass major tributaries
that can transport pollutants and sediment downstream.
Even though the watershed is mostly forested now, it may
not remain that way in the future and could become degraded.
To maintain good water quality, hard surfaces should be
avoided and the counties have to think about the watershed
as a whole. Otherwise, the stream will suffer even if
the main channel is buffered and protected. Clearly, there
is a need to coordinate plans and ordinances among the
counties. Yet, the Dragon Run Land Use Policy Audit noted
inconsistencies among counties. He cautioned that we cannot
just think that there will not be development. He explained
that the watershed management plan was devised like a
menu and the concept was that counties could pick and
choose from the available tools to conserve the Dragon
Run. He disagreed that the recommendations of the watershed
management plan restrict landowner rights. He argued that
the Landowners Association’s views are the most
extreme interpretation of the plan. He inquired if changing
the word “would” on page 17 would help appease
the Landowners Association.
Mr. Moore responded that changing the word
“would” would render the plan meaningless.
He recommended that the Steering Committee develop a standardized
zoning ordinance, much like the Dragon Run Conservation
District, to be considered by the four counties as a starting
point. He believes that the protection of the main channel
and adjacent trees such as bald cypress should be the
high priority. He does not believe that the upland areas,
or the rest of the watershed, should be included in the
plan.
Mr. Edwards said that he believes that the
plan says that no one else can live on the Dragon Run.
Mr. Pitts indicated that he had enough problems
regarding the landing that he owns adjacent to US17 that
he would be willing to sell that property.
Mr. Moore asked to hear from others in attendance
who had not yet spoken. William and Jean Boughton indicated
that they live in the watershed in Gloucester, but not
on the main stem of the Dragon Run. They were surprised
to hear of the adoption of the watershed management plan
in Gloucester. Mrs. Boughton explained that she has sold
the timber rights on her property and wants to be able
to sell the land if needed.
Ms. Davis asked if there was anything different
than what we had heard already. If not, then she would
adjourn the meeting. She indicated that she believed that
the subcommittee now had some ideas with which to start
its work.
Mr. Moore argued that he thought that the
other three counties (Essex, Gloucester, King and Queen)
had made a mistake by adopting the watershed management
plan. He believes that those counties need to rescind
the plan and go back to the drawing board. He thinks that
Middlesex not participating is a problem. He hopes that
the Steering Committee is willing to talk and come up
with something different.
Mr. Miller explained that the Board of Supervisors
position is that when the other counties catch up to Middlesex,
then Middlesex will again participate. Until then, they
will not change their decision to rescind the watershed
management plan. If common ground can be found between
the Steering Committee and the Landowners Association,
then that would be good.
Mr. Moore indicated that the Landowners
Association would be willing to discuss issues with the
Steering Committee.
Mr. Herrin argued that Middlesex County
should be a leader of the other three counties. He indicated
that he would like to have some of the Middlesex landowners
sit down with the subcommittee to work on changes to the
watershed management plan.
Mr. Milby wanted to know what concessions
the Steering Committee is willing to make.
Mr. Major indicated that R.D. Johnson would
be the Landowners Association’s representative on
the subcommittee.
Adjourn
Frank Herrin moved to adjourn. Jack Miller
seconded. Prue Davis adjourned the meeting.
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