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In brief: A city of lawyers, the point of no return and a quote that still stings

Case study

Cities are always involved in one sort of minor litigation or another, typically for unpaid taxes, but over the past two years, Charlottesville has been embroiled in a lot of high-profile cases, mostly as a defendant. Having a hard time keeping up? We are, too. Let’s review.

Militias

  • The city, downtown businesses and neighborhood associations sue armed militias and Unite the Right participants for militaristic violence August 12.

Charlottesville Parking Center

  • Mark Brown’s suit over Water Street Parking Garage rates filed in 2016.
  • Charlottesville filed a counterclaim.
  • Current status: In mediation

Fred Payne, Monument Fund et. al.

  • Suit to prevent removal of Confederate statues, motion to remove tarps.
  • Current status: Next hearing is December 6

Albemarle County

  • Objects to city overriding county law at Ragged Mountain Natural Area to allow biking.
  • Charlottesville has filed a counterclaim.
  • Current status: Motions hearing is December 6

Joy Johnson et. al. [filed by Jeff Fogel]

  • Demands that the city fire Hunton & Williams, claims City Manager Maurice Jones had no authority to hire Tim Heaphy’s law firm to do a review of city actions August 12.

Natalie Jacobsen and Jackson Landers

  • FOIA suit to force city to produce August 12 safety plans.
  • Current status: The reporter plaintiffs had to amend the complaint naming the city rather than the police department, and no new hearing date has been set.

Granted bond

Chris Cantwell. Staff photo

“Crying Nazi” Chris Cantwell—whose name comes from a tearful video he posted to the web before turning himself in to police for allegedly using pepper spray at the August 11 tiki-torch march at UVA—literally cried when he was granted a $25,000 bond December 4. He won’t be released from jail until he can find a place to stay, according to the judge.

More sick animals

On the heels of Peaceable Farm owner Anne Shumate Williams being convicted of 25 counts of animal cruelty in Orange County, the Louisa County Sheriff’s Office is hoping to save about 500 animals in what appears to be a similar case. This time, goats, emus, sheep and a peacock are among the neglected critters. Charges are pending for the 77-year-old and her two adult sons who run the farm.

Quote of the Week

Nikuyah Walker. Photo by Eze Amos

“Systemic racism does not fall on the backs of two black men.” —Councilor-elect Nikuyah Walker at the December 4 City Council meeting

Point of no return

John Casey. Courtesy Cramer Photo

Former University of Virginia professor and award-winning author John Casey will not return to teaching creative writing at the school this spring. UVA is currently investigating at least three Title IX complaints from former students who claim he sexually harassed them.

Better than a 9-5

Airbnb announced last week that homestay hosts in Charlottesville and Blacksburg have earned $2.3 million during the University of Virginia and Virginia Tech football seasons since 2016.

Rights waived

Daniel Borden, charged with malicious wounding for his part in the August 12 Market Street Parking Garage beatdown of Deandre Harris, waived his right to a preliminary hearing in Charlottesville General District Court December 4. He’ll go before the grand jury in December.

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Biking battle continues: Supes give the okay on studying Hedgerow

Albemarle Board of Supervisors Chair Diantha McKeel said in February that an accelerated opening of Hedgerow Park could be an alternative to allowing biking at Ragged Mountain Natural Area, a controversial city-owned and county-located property on which both governing bodies are at odds about whether cycling should be permitted.

In an April 12 work session, the supervisors discussed the feasibility of opening the new park and all agreed to authorize an immediate conceptual engineering study for the space, which consists of 340 acres just south and west of the Interstate 64 and Route 29 interchange. It abuts Ragged Mountain Natural Area. If all goes well, the park’s construction would take place next year between May and November.

“To get to this park, you’re going to have to drive,” said Trevor Henry, the county director of facilities and environmental services. This has been a negative for cyclists looking for a location they can bike to.

Gauging the use at Preddy Creek Trail Park, which is the most similar county space to the proposed park, Henry estimates that 40 parking spaces will be necessary at Hedgerow. He also wants to allow space for about six horse trailers.

“The terrain here is incredibly steep in many places,” said Supervisor Ann Mallek, and it’s not ideal for horseback riding. “Not everything has to be available at every place.”

Each county park allows its own recreational activities, granting the estimated 800,000 people who visited them last year the opportunity to choose their destinations based on the activities they plan to do, Mallek said. And prohibiting horseback riding at Hedgerow would allow for a smaller parking lot.

But Supervisor Liz Palmer noted that when the late Jane Heyward gave the land to the county, she was adamant it be used for different kinds of recreation, including horseback riding. As for parking, on a recent Sunday afternoon at Crozet’s Sugar Hollow and Mint Springs Valley Park, she said she counted more than 50 cars in each lot.

“It’s interesting to me that it seemed a lot safer with people getting out [of their cars] with picnic bags and dogs and kids and everything to have a little bit bigger parking lot,” Palmer said.

Henry told supervisors the existing entrance into Hedgerow would first need widening, and potentially paving. He listed a number of possible issues that have design and cost implications, including the current parking lot’s location in a 100-year floodplain and proximity to a stream buffer, which could result in stream mitigation work.

The price? Henry estimates it at an initial $1.5 million; adding a pavilion and running electricity to it would cost an extra $450,000.

“I see lots of Eagle Scout projects,” said Mallek. Supervisor Rick Randolph said they’d be happy to accept any donations.

At Ragged Mountain, Charlottesville and Albemarle County officials are still at odds over who should have ultimate authority over the property.

Virginia code says localities may make rules for parks they operate in other jurisdictions, but “no ordinances in conflict with an ordinance of the jurisdiction wherein the property is located shall be enacted.”

When the Ivy Creek Foundation handed Ragged Mountain Natural Area over to the city in 2014, former foundation director and city councilor Dede Smith—not involved with either group at the time—says she doubts the city knew about the county’s ordinance that disallows biking.

“They certainly did not know about the history of the reservoir as the only clean raw water we have in the community,” Smith says. “I very much regret that the Ivy Creek Foundation gave up management, but I wasn’t there anymore at that point, so I am not privy to the decision. ICF protected the land back in the 1990s for a reason, but that was lost in the transfer.”

Adds Smith, “An important point to make in the disagreement about governmental rights of the use of the land is that the Ivy Creek Foundation had to get the approval of the county to establish the natural area. For the city to say [the county has] no rights now is simply wrong.”

A price to pay

The accelerated opening of Hedgerow Park won’t be cheap. Here’s how Trevor Henry, the county’s director of facilities and environmental services, breaks it down.

Base scope:

$1,486,000

Additive for pavilion and its utilities: $450,000

Total: $1,936,000

Annual operating cost:

Staff: $65,534

Operating: $15,810

Total: $81,344

Startup/one-time cost:

Equipment (vehicle and trailer): $66,708

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In brief: Patricia Kluge’s new gig, municipal scofflaws and more

McAuliffe’s pen

In his last year in office, Governor Terry McAuliffe was unable to deliver on a campaign promise to expand Medicaid to 400,000 uninsured citizens, which is supported by 69 percent of Virginians, according to a recent University of Maryland poll. The General Assembly’s Republican majority prevented that, but it was not able to thwart another McAuliffe vow: that he would veto any “socially divisive” legislation.

McAuliffe signed 40 of his record 111 vetoes this session, and maintained a perfect tally of having zero overridden by the General Assembly, which needs two-thirds votes in each house to do so. Republicans have a sizable 66-34 majority in the House of Delegates, and 21-19 in the Senate.

Vetoed were:

  • Rob Bell’s Tebow bill to allow homeschoolers to play public school sports
  • Steve Landes’ Beloved bill requiring schools to notify parents of sexually explicit instructional material
  • Creation of charter schools without local school board approvals
  • Religious freedom bill, which LGBT advocates say legalizes discrimination
  • Legislation prohibiting sanctuary cities
  • Switchblade concealed carry and possession by minors
  • Criminal and Virginia Lottery background checks for applicants of public assistance
  • DMV photos added to electronic poll books
  • Concealed carry without permits for protective order seekers and military personnel under 21 years old
  • Planned Parenthood defunding
  • Coal tax credit

Ragged Mountain’s current prohibition against pets is pretty widely ignored, and some owners see the natural area as a place to leave their dogs’ feces. Staff photoSee you in court

Albemarle County declines Charlottesville’s offer of arbitration after City Council votes 3-2 to defy county law and allow bike trails at Ragged Mountain Natural Area.

Chip Harding
Sheriff Chip Harding File photo

Crime studies

The Virginia State Crime Commission will study the impact of collecting DNA for additional Class 1 misdemeanors, a move long advocated by Albemarle Sheriff Chip Harding, as well as the decriminalization of small amounts of marijuana, which was favored by nearly eight out of 10 Virginia respondents in a 2016 VCU poll.

Mandatory tax disclosure

Although Representative Tom Garrett said at his March 31 town hall he didn’t care that President Donald Trump did not release his income tax returns, last week Garrett filed a bill that would require future presidents-elect to do so.

‘Patricia Kluge’s Third Act is Sparkly’

The New York Times reports the former winemaker, who sold her business to buddy Donald Trump in 2011, has rebounded from bankruptcy and is now designing jewelry pieces that sell for between $30,000 and $45,000.

“Everybody who knows Donald knows his shenanigans.”

Patricia Kluge to the Times on Albemarle House litigation with President Trump

JenSorensen_CourtesyArtist
Courtesy Jen Sorensen

No funny business

Freelance cartoonist Jen Sorensen, whose work has appeared in C-VILLE each week since 2002, is a 2017 Pulitzer Prize finalist “for a thoughtful and powerful selection of work appearing in a variety of U.S. publications and often challenging the viewer to look beyond the obvious.”

 

 

Inappropriate hugger in court

Brien Gray-Anderson, 21, who was charged with assaulting women on the Rivanna Trail last spring, pleaded guilty April 10 to one felony count of abduction and two misdemeanor sexual battery charges. Two women were the victims of unsolicited hugs and bottom touching, and a third was pulled to the ground but fought Gray-Anderson off. He’ll be sentenced August 1.


$9 million facelift

A $9 million project that had UVA’s Northridge Internal Medicine building on Ivy Road blanketed in scaffolding for nearly two years is winding down. Its updated look includes a new entrance and lobby, larger elevators, a new staircase and a more traditional architectural look similar to the Transitional Care Hospital next door.

Northridge
Before
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In brief: Curated club, ‘miscreant lefties’ and more

Common sense

Things looked dire for Common House last year, when the roof of the previous social club that occupied 206 W. Market St., the 1913 Mentor Lodge, collapsed. But like the “movers and doers” Common House hopes will call the club their home away from home, founders Ben Pfinsgraff, Derek Sieg and Josh Rogers dusted off the crumbled bricks, cleaned them up and put them back into the walls. So far, 220 members have signed on before the club officially opens in May. If you want to be one of them, here’s some of what you have to look forward to.

CommonHouse2
Social hall. Courtesy Common House

Defined benefits

  • Skeleton key lets members in a side door, where they’re greeted by the concierge
  • Imported San Fran chef for breakfast, lunch, dinner and everything in between
  • Coffee curated by Mudhouse in a black-and-white Tea Room, with the exception of one lemon tree, fruits of which will be used in hand-crafted cocktails
  • Hand-chipped ice will cool those cocktails, we hear
  • Electronics are discouraged, but real-life social networking: yes!
  • Secret “but not too secret” panel located in Bridge Room to pass bartender a drink order
  • Acoustic miniconcerts in Bridge Room
  • An old-fashioned library with floor-to-ceiling book shelves
  • Common Knowledge interactive series teaches members the tricks of some trades (hog butchering, anyone?)
  • Rooftop terrace offers a bar with 360-degree views
  • Exclusive access to the Blue Ridge Swim Club on Saturdays
  • Initiation is $600 for singles/$1,000 per couple; monthly dues $150 per person/$225 per couple
  • Initiation waived for teachers and Big Brother Big Sister mentors, 20 percent discount on monthly dues
CommonHouse1
Vinegar Hall can be rented. Courtesy Common House

Our video of the exclusive hard hat tour was our top tweet last week. See more photos and video on Twitter @cvillenews_desk


In brief

Traffic tragedy

Two 5- and 6-year-old cousins, Tori Green and Jaiden Bartee, were killed in Buckingham County March 30 as they ran in front of a tractor-trailer coming down a hill, while their school bus was approaching on the opposite side of the road. The truck driver slammed on his brakes, but couldn’t stop. Their funerals will be held at 1pm on April 8 at Buckingham County High School.

Money talks

For nearly a decade, UVA’s fundraising team has internally flagged applications from the kids of wealthy alumni and donors and, in some cases, assisted them through the admissions process, according to documents obtained by The Washington Post. A school spokesperson said this practice is not unique to UVA.

DaShad "Sage" Smith. Photo: Virginia State PoliceSage Smith’s case reclassified

Charlottesville police now say the disappearance of the transgender teen, who was last seen in 2012, is a homicide.

Natural area biking

Despite objections from Albemarle County, where the Ragged Mountain Natural Area is located, City Council approved 3-2 new bike trails April 3, but current walking trails will remain pedestrian only.

“When I am governor, folks, over my dead body will any of these miscreant lefties remove a statue of Robert E. Lee.”
—Gubernatorial candidate Corey Stewart outside the Tom Garrett town hall

20170331-_L4C2165
Corey Stewart. Photo Eze Amos

Uninvited

GOP guv candidate Corey Stewart, who has made Charlottesville’s Lee statue issue a cornerstone of his campaign [see above], did not hold an anti-illegal immigration rally April 1 at Dave’s Taverna in Harrisonburg after it was bombarded by calls from “George Soros-funded liberal activists known as Indivisible,” according to his campaign. New venue Wood Grill Buffet canceled a few hours later, and the rally was held at Court Square.

Beer drinker’s delight

The Nelson County Board of Supervisors approved on March 29 a $10.5 million expansion at Devils Backbone Brewing Company that will include the construction of a 250-person event hall, a 25-unit lodge, 10 cabins and a campground with 50 RV sites and 26 tent sites, according to the Nelson County Times. Brewery owners agreed to limit their operation’s major events to four per year, with none on Memorial Day or Labor Day weekends.

 

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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

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UPDATED: Biking greenlit at Ragged Mountain

After a year of debate, and a plea last week from the Albemarle County Board of Supervisors to delay a decision, the Charlottesville City Council voted 3-2 December 19 to allow mountain biking and trail running at Ragged Mountain Natural Area.

“We are looking forward to working collaboratively with the city parks staff and all the friends of Ragged Mountain to be good stewards of this treasured public area for the benefit of all of our community,” said Jon Ciambotti via e-mail the day after the vote. Ciambotti was speaking on behalf of the Charlottesville Area Mountain Bike Club, which has already built a number of the trails at the natural area, though its members were prohibited from riding on them.

Councilor Kathy Galvin gave CAMBC a nod at the recent meeting, saying that erosion is caused by poorly built trails, not by the activities taking place on them.

Mayor Mike Signer and councilors Kristin Szakos and Galvin voted yes to allowing biking and running, while councilors Bob Fenwick and Wes Bellamy voted no. With the majority vote, they also passed a resolution to have city officials, within the next six months, determine whether biking and hiking should be allowed on the same trails and to study the best ways to maintain trail traffic. In addition, they passed an ordinance to ask the county to support their decisions.

“The county’s existing regulations applicable to [Ragged Mountain] do not allow biking with the express purpose of preventing pollution of the public water supply,” county spokesperson Jody Saunders said in a press release December 15. “The Board has asked for the deferment to allow for the possibility of more discussion and assessment regarding this issue.”

While Ragged Mountain is owned by the city, it’s located in Albemarle County, and Signer said at the meeting that each locality’s legal staff has disagreed on who gets to call the shots.

Members of the public using Ragged Mountain “will be confused as to what activities are allowed if the city’s and county’s regulations are in conflict with each another,” Saunders said in the county’s statement. “This, in turn, will create enforcement problems for the county if the city is, in effect, inviting bikers into RMNA despite the county’s regulations.”

Currently, Ragged Mountain’s rules are enforced by the city, says city spokesperson Miriam Dickler.

But Szakos says City Attorney Craig Brown indicated at the December 5 City Council meeting that the council had received all the necessary information to make a final decision, and should feel comfortable going forward with it.

“The Rivanna Water and Sewer Authority has said that they have no concerns about the water quality,” Szakos says, debunking the county’s main reason for asking for a decision deferral. “I would hope [the county] would take that up with the authority.”

Albemarle’s request that the city defer its decision comes at a time when city/county relations are not at their most cordial. On December 14, county supervisors okayed a consultant to study, among other things, locations to move general and district courts from the city because of parking and cost concerns about remaining in Court Square.

 

Updated December 20 at 12:30pm. Original story below.

——————————————

While the majority of City Council has publicly supported giving mountain biking at Ragged Mountain Natural Area the green light, the Albemarle County Board of Supervisors is asking them to consider stopping their decision in its tracks.

“The county’s existing regulations applicable to [Ragged Mountain] do not allow biking with the express purpose of preventing pollution of the public water supply,” county spokesperson Jody Saunders said in a press release. “The Board has asked for the deferment to allow for the possibility of more discussion and assessment regarding this issue.”

City Councilor Kristin Szakos says City Attorney Craig Brown indicated at their December 5 meeting that council has received all the necessary information to make a final decision, and should feel comfortable going forward with it.

“The Rivanna Water and Sewer Authority has said that they have no concerns about the water quality,” Szakos says. “I would hope [the county] would take that up with the authority.”

But City Council’s potential noncompliance may not matter.

Citing Virginia Code, Saunders says the city, as the locality-landowner, is prohibited from adopting regulations that are in conflict with the county’s since Ragged Mountain is located there.

Members of the public using Ragged Mountain “will be confused as to what activities are allowed if the city’s and county’s regulations are in conflict with another,” she says. “This, in turn, will create enforcement problems for the county if the city is, in effect, inviting bikers into RMNA despite the county’s regulations.”

Says Szakos, “That’s a difference of opinion.”
The request comes at time when city/county relations are not at their most cordial. County supervisors yesterday okayed a consultant to study, among other things, locations to move courts from the city because of parking and cost concerns about remaining in Court Square.

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Hike vs. bike: Council will likely let them ride

Senior citizens who enjoy quiet but challenging hikes are only accommodated in one place in Charlottesville and all of Albemarle County, according to former mayor Kay Slaughter. And that’s Ragged Mountain Natural Area, where three out of five city councilors say mountain biking and trail running should be allowed—which would make the vicinity a little less peaceful.

“Ragged Mountain is one of two natural areas,” says Slaughter, who has been hiking there since the trail system was completed in the late ’90s. “For those who want [them], more than 70 miles of bicycle trails currently exist in other county and city parks.”

Several people voiced the same grievances at a December 5 City Council meeting, in which the public heard the first of two readings of a draft ordinance to lift the ban on biking and running at Ragged Mountain and 35 signed up to comment. A conclusion to the ongoing controversy draws nearer—the final reading is scheduled for December 19.

Dave Hirschman, chairman of the Parks and Recreation Advisory Board, says his group has spent some time hiking and boating at Ragged Mountain—not biking or taking any dogs, of course”—and consulting with the Virginia Department of Conservation and Recreation’s natural heritage program.

“One of the things that some of the board members pointed out is that even though there are various opinions, there’s a great deal of common ground,” he said. “When it did come time to take votes, there was one unanimous vote, and that was to allow hiking, trail running, fishing and boats with electric motors or no motors.”

However, he said opinions varied on details of the proposed ordinance and the board decided on a few limitations: To the extent possible, the trails for hiking and mountain biking should be separate, though all biking trails should also be open for hiking. On very narrow and steep single track trails, there should be no shared use. And biking should not be allowed from the natural area’s dam to the pontoon bridge nor around the southwest corner of the property.

The last restriction is troubling to those in the mountain biking community, which wants the ability to bike an entire loop around Ragged Mountain’s perimeter.

President of the Charlottesville Area Mountain Bike Club Sam Lindblom says allowing bikers in the southern area near the floating bridge would disperse them away from the majority of hikers who may not want to be in the same vicinity as the cyclists. He submitted a CAMBC-approved shared-use map to council for consideration.

“It makes sense to allow cyclists to quickly move towards the west and south side trails where only a small percentage of walkers will venture to,” he wrote in an accompanying letter, adding that without a loop trail, bikers will be restricted to the northeast corner where the majority of hikers concentrate. Hikers rarely use the floating bridge, he says, because it’s a long hike from the parking lot, next to the noisy interstate and down a steep gravel road that could be designed safer for bikers.

Former mayor Slaughter says this southern area is also an “ecological hot spot,” an area of great concern for the plant populations, which a city-ordered biostudy previously noted. Though it seems like bike approval at Ragged Mountain is a foregone conclusion, she says a landscape architect should have a hand in mapping which trails will support shared-use.

“I don’t think I should come in and design the trails, either,” she says. “I think it’s arrogant for any group to think they can do that. I believe that it should be a professional with some kind of oversight from people who have looked at this long and hard.

See full map below. Click to enlarge.

If approved, hikers and bikers will have access to 13 miles of trails at Ragged Mountain Natural Area. City of Charlottesville
If approved, hikers and bikers will have access to 13 miles of trails at Ragged Mountain Natural Area. City of Charlottesville

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In bloom: Algae in reservoirs ‘significant’

An unquantified, but substantial amount of blue-green algae has bloomed at the Beaver Creek and South Fork Rivanna reservoirs, according to a new report presented to the Rivanna Water & Sewer Authority’s board of directors May 24. Consultants say the water supply at Ragged Mountain Reservoir is another one to watch.

Algae—caused by a nutrient overload—is problematic in a water system because it can cause taste and odor compounds, cyanotoxins and filter clogging.

At Beaver Creek and South Fork, consultants and RWSA staff have spent nearly $120,000 since 2014 on chemical treatments to stop the algae. While the consultants will present the board with a modified monitoring program for those reservoirs in the coming weeks, they have instructed staff to continue monitoring the water at Ragged Mountain, in which they have found occasional floating algae.

“I’d be very surprised if [Ragged Mountain Reservoir] didn’t develop problems very soon,” Alexander Horne, a professor emeritus of environmental engineering at the University of California, Berkeley, says. He, along with Kelly DiNatale of DiNatale Water Consultants, presented the report.

RWSA board members had questions about cost and procedures, but they all generally seemed to agree that treating the blue-green algae, or cyanobacteria, is a priority.

“It’s all going straight into your bathtub,” former city councilor Dede Smith said at the meeting. She has led the charge to keep Ragged Mountain Reservoir a natural area, while her opponents hope to make the area less exclusive by permitting dog walking, mountain biking and other recreational activities.

The side that leans toward permanently banning dogs and other pets often cites the harmful effects of animal droppings in the water supply.

“While livestock are the greatest contributor of animal waste, perhaps the least suspected source of animal waste is a man’s very own best friend,” the EPA states in a 2014 bulletin on its website. “Pets, particularly dogs, are significant contributors to source water contamination.”

The EPA has also cited dog waste as a contributor to excess nutrients that lead to algal bloom.

“It’s serious,” says Smith. “As a community, we have the opportunity now to prevent this from happening at what has become the single most important reservoir we have.”

But DiNatale points to research that shows Ragged Mountain may not need to remain sans Sparky for the overall health of the water supply.

“Animal droppings, whether from wild or domestic animals, represent a very minor source of nutrient inflows to the authority’s reservoirs,” he says. “We could remove all of the animals, both wild and domestic, but still would be experiencing algae blooms from all of the other sources.”

There’s always tension between allowing recreational activities near reservoirs and protecting the water supply, DiNatale says, and that’s partially why RWSA is looking for in-lake algae-management methods.

“With that said, it is always preferable to address whatever land use activities are manageable,” he says. “Every water provider would love to have a protected watershed without any animal or human impacts, but, as we know, that is impossible for virtually all of the country’s water supplies.”

But Smith cites a 2002 letter from the Virginia Department of Health to the authority, in which she says the department “admonished RWSA for not considering the quality of its raw water source.”

In the letter, the department stressed that the 1996 Safe Drinking Water Act Amendments and the EPA have placed “greater emphasis on source water protection and preventing contaminants from entering water supplies in lieu of the past practice of removing contaminants at water treatment facilities.”

According to Smith, failure to protect the water source has already led to contamination of half of our reservoirs, the necessity to add chemicals and heavy metals for purification and about $25 million in new infrastructure to deal with the worst of the pollution.

“In other words,” she says, “don’t contaminate your raw water source in the first place.”

Related Links:

May 10, 2016: Critics still question Ragged Mountain plan

March 9, 2016: One local wants litter removed from the Rivanna

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Running at Ragged? Public weighs in during third meeting

On a pleasantly wet Wednesday evening in late April, 60-odd people congregated at Trinity Presbyterian Church for the third public meeting about the Ragged Mountain Natural Area and its future. One of the many issues to be decided is who gets to use the park, now restricted to hikers and fishermen. Will mountain bikers, runners, horses and/or dogs get to join in the fun?

The public feedback meeting was called a map session with table exercises. Eight tables filled with maps and other research materials were used to garner opinion and gather information about whether Ragged Mountain would remain a natural area or become a recreational area.

Chris Gensic of Charlottesville Parks & Recreation explained that “if a consensus was reached tonight,” it would be passed on to the Parks & Recreation Advisory Board and City Council for approval.

The first speaker of the night was Peter Krebs, a master’s candidate at UVA School of Architecture. Krebs had compiled a comprehensive fact sheet of other similar municipalities and what they had done with reservoirs.

Roanoke and Lynchburg stood out as comparable, although Krebs explained there is nothing exactly like Ragged Mountain. According to a handout, “Other cities’ actions are not a decision factor, only to inform land use expectations.”

Devin Floyd with Charlottesville’s Center for Urban Habitats said he and an army of volunteers have mapped and documented all flora and fauna at the Ragged Mountain Reservoir. He has counted more than 300 different species, including 53 tree species, 19 ferns, six orchids and 147 birds. He has teams assigned to track mammals as well as butterflies, aquatics and non-native exotics.

“It’s quite a treasure,” he said.

The proposed trail map has a little more than seven miles for walking and a three-mile stretch wide enough for a car. Floyd’s map shows areas of ecological sensitivity, native habitats, evidence of previous land use and exotic flora not native to this region. Although eradication of non-native species is a current hot-button issue, it was not discussed at this meeting.

When the floor was opened to questions, one attendee asked, “What actually constitutes a natural area?” This prompted several other audience members to suggest that with all the diversity, maybe trails should not be carved out. Several participants admitted to not feeling qualified to make decisions regarding the natural area, and asked for leadership from their elected officials, with one woman stating, “This is an exercise in futility.”

Gensic then took control and suggested everyone put these concerns on paper that he would, in turn, deliver to City Council. In kindergarten style, starting with the first row, he had everyone say a number from one to eight so the tables would have a greater diversity. As people obliged and then settled down to their task, the future of Ragged Mountain Natural Area remained undecided.

Another public meeting will be held May 24, and the issue will go to the Parks & Recreation Advisory Board in June, which will have 30 days of public comment before it makes a decision. City Council could vote in September on whether Ragged Mountain remains a natural area or becomes a recreational space.

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Doggy dilemma: What effect does pet waste have at Ragged Mountain?

Pets may be strictly prohibited at Ragged Mountain Natural Area, but some say wanton disregard of the rules could cause serious health effects for those in Charlottesville and Albemarle County.

Albemarle resident Marlene Condon says she sees several dogs each time she visits Ragged Mountain, with about 50 percent of them not being held on a leash. To Condon, what’s more important, she says, is what those four-legged friends leave behind after their day at the nature area.

“A lot of people think that it’s okay to leave behind their dog droppings because they don’t understand the difference between dog scat and wildlife scat,” she says. Simply put, while animals in the wild aren’t medicated, pets can be—and they pass that medication through their urine and stool.

“There is certainly concern about pharmaceutical compounds making their way into the environment,” says Dr. Mike Fietz, a veterinarian at Georgetown Veterinary Hospital. “Doctors worry about it all the time with the rise of antibiotic resistance.” The same goes for household pets, he says.

According to Fietz, passing medication through urine may be the largest threat because some medications are eliminated that way. Pet owners are able to pick up stool droppings, but Condon says, in her experience, a lot of dog walkers don’t.

City and county water is stored in a 1.8-mile watershed at Ragged Mountain. Lifting the prohibition on recreational use at the park was heavily debated in October and then-City Councilor Dede Smith said one of her main apprehensions to lifting the ban was preserving drinking water in the reservoir. In a previous C-VILLE report, Smith said some areas should not only be banned to pets and bikers, but to hikers, too.

Tom Frederick, director of the Rivanna Water and Sewer Authority, says he does not oppose dogs being allowed at the park, but hopes pet owners will be responsible and clean up after their pets. If they don’t, though, he says people who drink the water RWSA stores at Ragged Mountain still have no need to worry.

To ensure clean water, RWSA uses a multiple-barrier approach beginning with the natural barrier of the forest floor, which filters water through underbrush, plants and trees. The reservoir itself provides some purification through sunlight and the settling of water. When water is transferred to the treatment facility, professionals treat the water through several processes including advanced filtration and, finally, disinfection with chlorine.

Though the watershed may not be negatively impacted by the presence of dogs, it doesn’t eliminate the fact that they’re not supposed to be there.

In Condon’s correspondence with city and county officials, Albemarle Board of Supervisors Vice Chair Diantha McKeel was sympathetic. In a trip to Ragged Mountain last fall, McKeel says she was alarmed by two large, off-leash dogs running toward her own pup. She also noticed there were no receptacles in which to put her “doggy bag” after picking up her pet’s waste. At that time, she says signs prohibiting pets weren’t posted.

Brian Daly, the director of Charlottesville Parks & Recreation, says signs have been posted at the park’s lower parking lot for years, but were moved to the new lot in late November or early December. He says there is still an issue with people bringing pets to the park and the city has notified Animal Control, which patrols the area about every other week to notify dog walkers that they are breaking the rules and to ticket repeat offenders.

According to Daly, the rules prohibiting pets have been in place since the Ivy Creek Foundation controlled the park in the late 1990s and are still in effect while new rules are discussed and finalized. Dogs are not allowed because “the trails were originally built for hikers only and it was felt that dogs would disturb the quiet enjoyment of the natural area,” he says. The city now controls the park.

Condon feels that the city’s Parks & Recreation Department policing is inadequate.

“Residents are fortunate to have such clean water as well as a natural area where folks, including children, can experience the wonders of nature,” she says. “It’s beyond my understanding why the people in charge don’t seem to appreciate the true value of both. I, for one, do not care to be stepping in dog droppings, courtesy of people who are rude and thoughtless enough to not properly take care of their pets’ droppings.”