Town, County Meet Tonight on Route 13 Sewage Plans

By DORIE SOUTHERN
Cape Charles Wave

August 19, 2013

Plans are proceeding to pump sewage from commercial properties on and near Route 13 to the Cape Charles treatment plant, with a joint meeting of Town and County planning commissions set for 7 p.m. tonight at the Northampton County social services building near the Courthouse.

A public hearing is also set for Monday, September 23, to give feedback to Northampton County Board of Supervisors on the idea.

Without waiting for a public hearing, the Board of Supervisors has funded 25 percent of the anticipated cost for sewer infrastructure in this year’s tax rate. The remaining 75 percent would be generated by a Special Tax District for the commercial properties affected.

County Supervisors also signed a contract July 22 with the firm Hurt & Proffitt for engineering services to the Public Service Authority developing the plan.

Town of Cape Charles staff will prepare an analysis to determine the portion of wastewater treatment costs to be allocated to the Special Tax District.

PSA Chairman Bob Panek estimates an added tax of 52 cents per $100 property value for commercial lots in the Special Tax District, which will nearly double their County taxes. They would also pay a monthly sewer bill, with the amount yet to be determined.

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The sewer expansion plan is limited to commercial properties due to lack of interest by residential landowners. But the purpose of the Public Service Authority is to “study, implement, and operate” both water and sewer systems on the Virginian Eastern Shore.

According to January County minutes, a July 2012 survey of area commercial property owners to gauge interest yielded a “poor response,” PSA Chair Bob Panek told the County Supervisors. Follow-up meetings in the fall of 2012 with 64 owners of 85 mostly vacant parcels yielded a “thin response” of five “yes,” four “maybe” and one “no” when asked about commercial sewage treatment.

There is no grant money available for a primarily commercial sewage treatment project.

Panek has recommended to the County Supervisors that the PSA “negotiate with Cape Charles” on a bulk rate for sewage treatment. Since Panek is both the chairman of the PSA as well as the assistant town manager for Cape Charles, the issue of conflict of interest has arisen.

Panek requested an advisory opinion July 30 from Commonwealth’s Attorney Bruce Jones, stating: “The Board of Supervisors has recently asked the PSA to negotiate a wastewater service rate and draft agreement with the Town for the planned regional wastewater system, Southern Node, Phase 1. I would like an advisory opinion as to whether there is any issue regarding my participation in these discussions under the Commonwealth’s conflict of interest statues that would require my recusal.”

The Commonwealth’s Attorney replied: “It is my opinion that your participation in the negotiations and discussions between the PSA and the Town does not violate the Conflict of Interests Act.” Jones’ opinion was based on the assumption that Panek does not have a “personal interest” in the negotiations.

Several members of the Cape Charles Business Association have expressed concerns that encouraging commercial development on Route 13 could shut down businesses in the Historic District. But all but one member of Town Council have endorsed the concept.

The one exception is Councilman Frank Wendell, who has especially pointed out the danger to Rayfield’s Pharmacy. Wendell also cites the Town’s Comprehensive Plan: “In public sessions, citizens stated that they want . . . Commercial growth in town, rather than on Route 13.”

Town Planning Commissioner Andy Buchholtz, who is also vice president of the Business Association, has insisted that the Planning Commission become involved, despite being told by Chairman Dennis McCoy that the issue is “outside the Planning Commission’s purview.”

It is due to Buchholtz’s urging that the Town and County planning commissions are meeting jointly at 7 p.m. tonight (August 19) at the Northampton County social services building near the Courthouse.. The meeting is open to the public.

Development on the highway is also part of the agreement between Cape Charles and Northampton County over the annexation of Bay Creek: “The County acknowledges that the Town and the Commission [on Local Government] have concerns about the potential impact to the existing business districts with the towns of Cape Charles and Cheriton caused by commercial development along the Virginia State Route 184 corridor and at the traffic light on US Route 13.” According to the agreement, the Town and the County would collaborate about development concerns presented to the County Planning Commission.

Cape Charles residents pay a $7,475 sewer hookup fee for new service, but Panek has said that properties in the Special Tax District outside the Town would not be charged a hookup fee.