PSA Work Session or Playtime?
Bannon, Natali Try to Gag Wendell, Andrew Follmer

By WAYNE CREED
Cape Charles Wave

June 8, 2015

The traveling medicine show, also known as the Northampton Public Service Authority, made a stop in Cape Charles for a work session with Town Council June 4. The PSA’s leading snake oil salesman, Bob Panek, was on hand with more information about the magic elixir that will miraculously heal all the ills that inflict the Town and County.

The medicine show’s humble beginnings date to 2010, when it was reinstated by the Northampton County Board of Supervisors as a way to help stave off wastewater issues then facing Shore Riverside Hospital in Nassawaddox. Riverside later decided to move on, and with the PSA’ s gaze now focused on the south, no one really knows where it will go, or what it will do.

Shortly after Mayor George Proto gaveled the meeting to order, he announced that Andrew Follmer, president of the Cape Charles Business Association, was there to make comments and ask questions. Councilmen Chris Bannon and Joan Natali immediately raised objections. “I don’t think he should be allowed to speak,” said Bannon — “The public is not allowed to speak here; he shouldn’t be either.”

“Yes,” agreed Natali — “The public is not given an opportunity, so he shouldn’t.”

“Just wait,” said Proto. “Andrew was invited to this session to give his perspective and have a chance to ask questions. He’s invited to speak just as Bob [Panek] was invited.”

With that quashed, Bannon went on to his next target, Councilman Frank Wendell: “Wendell should not be allowed to speak — He owns commercial property on Route 13.”

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“What?” exclaimed Wendell. “You own property too. I am a citizen. I live in this town too. I have a right to ask questions.”

“We asked him to get an opinion from the Commonwealth’s Attorney, and he didn’t,” continued Bannon. “Since he owns that property, he should not be allowed to speak on this.”

“I resent that,” replied Wendell.

“Now wait,” said Proto. “Frank, you’re going to be allowed to ask questions.”

“I intend to,” said Wendell. “My family’s been living in this town for 130 years. Running a business, paying taxes. I resent this.”

“I think he should be able to speak his mind on this,” offered Councilman Sambo Brown. “His voting on it — now that’s a different matter.”

Then Bannon said, “I make a motion: I have, we need four council votes [to keep Wendell from speaking].”

“No,” said Proto, “You can’t do that [presumably because votes are not taken at work sessions].

“I can’t? I — Libby?” asked Bannon, looking to Clerk Libby Hume, who shook her head no.

Then Proto announced, “I won’t do that. Frank can speak.” This was followed by loud applause from the audience.

[Note: The property Wendell owns on Route 13 is not among the parcels proposed by the PSA to be connected to the town’s sewer treatment plant.]

Panek’s presentation to Council was part historical, part a way forward, and several scenarios. The core of the issues revolves around plant expansion, tax increases, connection fees (surcharge), and a facility fee. When someone connects to the Cape Charles system, they are charged $12,000 to do so; $6,000 of that is the facility fee, which is reserved for plant expansion. How the county will pay this fee, if they will pay the fee, or how much remains a bone of contention.

When Council member Natali floated the idea that county customers might be able to pay the fee “over time,” Mayor Proto disagreed. “I believe it should be paid up front. It is not fair [otherwise, because] town citizens have to do this all at once.”

Business Association President Follmer agreed. “It’s not equitable that the county should be able to pay over time. When we have to [pay up front], so should they.”

An estimate of the cost of future plant expansion is from $2.3 million to $5 million. No grant money is available, so funds would have to come from higher fees, rates, and taxes.

There is still disagreement regarding rates to be charged PSA customers. The county wants to pay a penny a gallon, while the town hopes to receive 1.5 to 2 cents per gallon. For “conversation” at the work session, a rate of 1.5 cents per gallon was used. “This is disappointing,” noted Councilman Steve Bennett. “If anyone thinks this is going to be a revenue generator, they’re being foolish.” And indeed, at such a low rate, the extra income would be less than the cost of increased taxes required to build the infrastructure.

“This was supposed to lower our bills,” said Wendell. “It was supposed to reduce the burden on Cape Charles, but now they’re going to have to raise taxes on all of us. Both Comp Plans warned about this kind of thing — this kind of project that has a negative effect on the small towns. We’re supposed to be doing things to drive business into the small towns, not develop out on the highway, making it easier for something like a Rite-Aid to move in and hurt a mom and pop business such as the only lunch counter left on Shore, at Rayfields.”

“But Cape Charles is built out,” contended Bannon. “The commercial district is maxed out; there’s nowhere else to build. It’s going to go out to the highway. At least, we can have some control, and make them build something more Eastern Shore-ish.”

[Note: the town zoning map indicates numerous unbuilt lots designated as Specialty Commercial, Commercial, Residential/Commercial, and regular Commercial District.]

“This is just one more half-baked, un-thought-out idea,” said Wendell. “He [Panek] keeps talking about revenue, but the net does not suffice to cover the cost. This will have to be subsidized, or passed on to the citizens.”

“I think,” offered Andrew Follmer, “that sometimes, if it’s a bad deal, you just have to walk away.”

“I do like the rate of 1.5 cents,” said Mayor Proto. “But the surcharge, the facility fee needs to be paid up front. We need an agreement with the county so that if development does go out to Route 13 there is some protection for the town. Part of this deal is that we need an overlay district — to slow down traffic but not draw business away. We need to preserve the entrance, so that it is welcoming to Cape Charles. If there are taxes from development on 13, than we also want a piece of that action. What is the county going to do to help promote Cape Charles? Any deal on the PSA is going to be contingent on an overlay district for the town.”

Only six landowners in the county have expressed interest in the PSA plan; others are either opposed or have no interest. But the PSA, under Panek’s direction, chose to record land owners who did not respond to the PSA survey as not being opposed, and therefore favoring, the sewer plan.

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5 Responses to “PSA Work Session or Playtime?
Bannon, Natali Try to Gag Wendell, Andrew Follmer”

  1. Kearn Schemm on June 8th, 2015 9:10 am

    There is plenty of unused potential commercial space in CC. Look at the huge lot where the old Ferry Terminal once stood, look at the whole southern side of Mason Ave. Several other lots where commercial properties once stood (one next to Baily’s Bait). Until we have a thriving, in-town business district, no one should think about supporting any sort of activity that will drive businesses out of our little town.
    I want here to thank Mayor Proto for standing up to Bannon and Co and insisting on all members being allowed to speak. He has some backbone.

  2. David Boyd on June 9th, 2015 8:13 am

    Cape Charles is built out?!!! Just like Bay Creek is built out. All their projections are based on Cape Charles being built out, Bay Creek being built out and the southern node commercial node being built out, all of which are FAR from reality.
    They are saying they need 750,000 gallons capacity, when they are using 150,000 and the population is shrinking.
    Even the 150,000 figure is based on plant flow, NOT metered readings. Metered readings for which they can bill, are under 100,000. For a new system, there sure are a lot of leaks.

  3. Jack Demamp on June 9th, 2015 9:10 am

    It’s pretty simple, if Mr. Wendells property is in the PSA service area, he cannot participate in discussions, or vote on the matter.

    If his property is not, then he is all good. Why not just get an opinion from the commonwealth attorney, as asked? It would clear up all of the confusion (unless, of course he might be aware that the CA would deem it to be a conflict of interest, then I can understand the delay)

  4. Deborah Bender on June 10th, 2015 8:11 am

    Jack — If Councilman Wendell was pushing FOR the pipe, therefore making his property worth MORE money, then perhaps it would be a conflict of interest. But he is AGAINST the pipe. Why is it OK for Chris Bannon to vote FOR anything and everything that will drag the tourists into Cape Charles? He owns a B & B you know. Joan Natali and Chris Bannon are a little team that constantly go against EVERYTHING that Frank Wendell says.

    The pipe is going to cost everyone in this county a lot of money and it is going to help DEVELOPERS. The PSA is supposed to be helping the public — NOT create debt for everyone in this county. The only reason for the pipe is to cover up and fix Bob Panek’s screw-up.

  5. Jack Demamp on June 11th, 2015 9:42 am

    I’m not arguing for or against the pipe, or Mr. Wendell’s right to speak, just telling it how it is. Doesn’t matter his position on it — if it directly affects the property he owns, it is a conflict of interest. Just as it would be a conflict of interest for Mr. Bannon if there was something up for debate that had direct impact on his property — for example a rezoning of the land in his area (regardless of whether it would benefit or harm his property and/or business and regardless of whether he was in favor or against it). Still seems to me that the easiest thing would just be to get the opinion of the Commonwealth’s Attorney and put the whole thing to bed.