[an error occurred while processing this directive]
[an error occurred while processing this directive]
[an error occurred while processing this directive]

Dragon Run Steering Committee 2005 Meeting Minutes

See meeting minutes from: 2009 |2008 | 2007 | 2006 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999| 1998 | 1997 | 1996 | Member Attendance


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

General Observations

• 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)

• Farms

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.



See meeting minutes from: 2009 |2008 | 2007 | 2006 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999| 1998 | 1997 | 1996 | Top
[an error occurred while processing this directive]