Developer Rejects Request to Allow Hoops on Empty Court

By GEORGE SOUTHERN
Cape Charles Wave

May 16, 2013

Real estate developer J. David McCormack, new owner of the former Central Park basketball court and Cape Charles Old School, has rejected a request to allow basketball hoops to be reinstalled on the court.

The request came from two local civic leaders, Lenora Mitchell of Concerned Citizens of Cape Charles, and Wayne Creed of Old School Cape Charles, LLC.

Mitchell and Creed sent developer McCormack a letter after Cape Charles Town Council postponed the deadline for construction at the old school to August 23.

“During the four months since our Town Council gave our school property to Charon Ventures, the young people in our town have been without a place to play basketball. This is a hardship for both children and their parents, since the basketball court was one of the favorite places for our youths to expend their excess energy,” the letter states.

“We request that you allow the town to reinstall the basketball hoops so that both locals and tourists will have a place to play during the interim period before a new court is constructed,” they wrote.

Yesterday, McCormack told Lenora Mitchell no — he would not agree to allow the Town to use the basketball court.

According to Mitchell, McCormack said his reason for denying use was because Old School Cape Charles was suing him.

The Wave left both a voice mail and a text on McCormack’s cell phone last night requesting his side of the story, but did not hear back as of time of publication.

Although McCormack rejected the request from the two civic leaders, the question remains whether he would reject a request from Mayor Dora Sullivan to use the court.

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Mayor Sullivan did ask McCormack’s then-partner, Edwin Gaskin, on August 23 if he and McCormack would be willing to assist with building a new basketball court. Gaskin replied, “We feel like we’ve already negotiated the contract and we would like to leave it as it is.”

“That’s too bad,” Sullivan replied.

Mayor Sullivan had signed a contract with McCormack and Gaskin, doing business as Echelon Resources, Inc., conveying the Old School, basketball court, and playground parking lot to the developers for the nominal sum of $10. As an additional incentive, the Town agreed to also give Echelon $41,000 in earthquake insurance proceeds and to cut the charge for water and sewer hook ups.

Echelon, in turn, promised to convert the Old School into a 17-unit apartment building, using the basketball court and playground parking lot as private parking for tenants.

The contract conveyed the basketball court along with uprights and hoops to Echelon, but following the sale, the Town removed the hoops the day after Christmas to prevent the court from being used.

Although the Town no longer owned the property, Assistant Town Manager Bob Panek told the Wave that he wanted to avoid any liability issues.

Under terms of the contract, construction at the Old School was to begin not later than March 20. But on request from McCormack, the Town extended the deadline to April 25. After another request from McCormack, the Town further extended the construction deadline to August 23.

Two lawsuits brought by Old School Cape Charles against the Town and Echelon Resources were dismissed at the circuit court level. But the decisions have been appealed to the state Supreme Court.

The plaintiffs contend that the Town illegally negotiated in secret to give the property to the developers and then illegally rezoned the park property to allow an apartment complex.

It is not known if the court appeals will further delay a construction start at the Old School.

As a condition for rezoning, the Cape Charles Planning Commission stipulated that the basketball court be relocated, but the Town has never taken any formal action to do so.

Meanwhile, Shanty Restaurant owner Jon Dempster is urging the Town to build a new basketball court on two Town-owned lots adjacent to the skateboard park on Madison Avenue across from the Old School.

In a letter to Town Council, Dempster said he believes that a full-size court could be built for approximately $30,000. He stated that the group Citizens for Central Park has offered to be a managing member of the project.

Citizens for Central Park, headed by Bob Panek, is currently building a $35,000 bathroom in the Park.

Dempster will present his ideas tonight (May 16) to Town Council.

The Town lots next to the skateboard park are zoned single-family residential, so in order to build a basketball court the property would need a conditional use permit.