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Supervisors say… Break on business licenses, Hedgerow not for horses

Miss out on a week of Albemarle County happenings? On August 2 the Board of Supervisors voted to only require a business license for those making at least $25,000 a year, instead of the previous $5,000 threshold. They’ve requested a new entrance for the proposed Hedgerow Park, and will soon ask for public input on moving the county’s courts and offices into its own jurisdiction.

Small businesses rejoice—kind of

Jim Foley, Albemarle County’s director of transportation by day, has been an ice hockey official in his spare time for the past 15 years. He was surprised to receive a $100 bill from the county last year for business taxes dating back three years.

“I would’ve paid it every one of those previous years if I had gotten a bill,” he said at the August 2 supes meeting when the BOS raised the minimum gross receipts threshold from $5,000 to $25,000. Foley, who makes about $10,000 on the side every year, will no longer need a business license.

But Foley’s friend, Dave Canoles, an aviation consultant who has done expert witness work for plane crashes for a decade, was taxed six years back by the county.

“Requiring residents to pay retroactively for the past six years was a slap in the face to all of us who try to abide by the rules,” Canoles said at the meeting. He was charged about $1,000 in back fees, $350 of which was penalties and interest.

And in 2012, he says he was charged more than $350 for a $50 license because the county determined that he grossed more than $100,000 that year, though the Internal Revenue Service and state showed his adjusted income was $80,000.

“The department of finance seems to make up its own rules as they go along,” he said.

The county code says the director of finance can go back six years to collect business, professional and occupational licensing taxes if she determines a person has fraudulently failed or refused to obtain a proper license for any one or more of the past six license years.

Canoles says he didn’t obtain a business license because he doesn’t conduct any of his work in Albemarle County and didn’t know he needed one. “This whole experience caused me and others I know to lose respect for our county.”

Hedgerow Park entrance debated

The original proposed entryway to Hedgerow Park, the 340-acre property just south and west of the Interstate 64 and U.S. 29 interchange, sits to the south of the property on a private nine-foot road that leads to a private residence. The U.S. Department of Agriculture recommends a road at least 24 feet wide for trucks pulling equestrian trailers, according to Blake Abplanalp, county chief of project management.

Supervisor Ann Mallek advocated against moving the entrance to accommodate trailers, which could cost an additional $1 million. Herself an equestrian enthusiast, she says “not every park needs to be for every use,” and that Preddy Creek Trail Park and Patricia Ann Byrom Forest Preserve Park are great for riding horses.

“Anything you offer at this point, we’re going to be relieved,” said BOS Chair Diantha McKeel to county staff, which will continue researching other entrance options for the park. Hedgerow is scheduled for completion in May 2019.

Supervisors are asking county staff to find a new entrance to Hedgerow Park because the proposed one isn’t fit for trucks with trailers and is located in a floodplain.

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Is Hedgerow a no-go? County pushes for biking park that bikers don’t want

The Albemarle County Board of Supervisors has made it clear that, though Charlottesville’s City Council has voted to allow mountain biking at Ragged Mountain Natural Area—a city-owned park located in the county—they don’t like it one bit because county regulations prohibit activities like biking that could pollute the reservoir. As an alternative, the supes are now pushing for an accelerated opening of a new county park that could have about 15 miles of biking trails.

On the west side of U.S. 29, near I-64 and immediately south of the 980-acre natural area that surrounds Ragged Mountain Reservoir, sits the 340-acre Hedgerow property, which was a gift from the late Jane Heyward.

Hedgerow-RMNA_map_AlbemarleCounty
While Hedgerow borders Ragged Mountain Natural Area, its proposed access on U.S. 29 is not biker friendly. Courtesy Albemarle County

“Our board is really interested and excited about the prospect of Hedgerow being a great park for the entire community,” says BOS Chair Diantha McKeel. And that includes the bikers.

They’ve set April 12 as the date to discuss how to open the park and where the funding might come from, because money to develop Hedgerow is not currently in the county’s capital improvement program that finances such projects, according to McKeel.

“As currently envisioned, the Hedgerow property will be designed and developed as a multi-use trail park and will provide a variety of recreation opportunities while preserving the scenic and open-space resources adjacent to the Ragged Mountain Reservoir property,” says assistant county executive Lee Catlin, who adds that it had been Heyward’s wish to do so.

The addition of trails at Hedgerow will compensate for land and trails flooded during the elevation change of the Ragged Mountain Reservoir dam, where some of the city and county’s water supply is stored, according to Catlin.

The entrance to Hedgerow will be 2.5 miles south of the I-64 interchange and directly off U.S. 29—an aspect that worries some of the bikers who would rather ride at Ragged Mountain, whose entrance is off Fontaine Avenue with easily accessible upper and lower parking lots.

“This will not be doable for beginners, families with children and anyone who is not an advanced rider,” says David Stackhouse, a member of the Charlottesville Area Mountain Bike Club board of directors and a past president.

And while the trails and elevation at Ragged Mountain are not very steep and suitable for young and inexperienced riders, Hedgerow has a rugged terrain and an entrance that requires people to scale “a small mountain” with an elevation of approximately 1,000 feet, he says.

Rachel Thielmann, an avid biker and member of the CAMBC, is the mother of three young girls who are also on a local mountain biking team. Squeezing in riding time can be difficult, she says, but Ragged Mountain is walkable and bikable from the city. This is generally not true for Hedgerow, she says.

“How can the county even consider this as a suitable trade for biking at RMNA?” asks Stackhouse. “The concept is flawed and has little merit. The county would better serve the public if it were to suggest that the purist hikers who prefer ‘contemplative’ nature hikes should look to Hedgerow for that experience.”

He adds that hikers are the folks who resisted allowing biking at Ragged Mountain on the grounds that bikes disturb the natural area’s peace and tranquility.

“Hedgerow is perfect for the purist hiker,” says Stackhouse. “It is undisturbed, has no water tanks, no RWSA pipes, no old or new dams, no 170-acre artificial lake, and no highway running through it, and it is isolated from neighborhoods and developments.”

This land is your land

Ragged Mountain Natural Area is owned by the city and located in the county. Though City Council voted 3-2 to allow mountain biking and trail running on the property, the county’s Board of Supervisors has argued that it has jurisdiction over the land. With a current difference of opinion between city and county attorneys, the legality of such activities at Ragged Mountain is up in the air.

Diantha McKeel
Diantha McKeel. File photo

Albemarle’s Board of Supervisors Chair Diantha McKeel puts it like this in an open letter to city and county residents:

“Imagine if the county purchased land within a residential city neighborhood in order to establish a county-owned urban park. Then, based on its ownership of the park, the county decided to allow a use that was prohibited by the city. As an extreme example, assume that the county decided to allow riding motorcycles in the park at any time. The city would justifiably feel that its authority over the lands within the city was being violated by the county. The Board of Supervisors’ expectation is that City Council will respect the county’s sovereignty and its regulations, regardless of whether the City Council and city staff disagree with those regulations.”

open letter diantha mckeel