Public Hearings on Rezoning School Property August 23
By KAREN JOLLY DAVIS
Cape Charles Wave
August 1, 2012
At a special meeting Tuesday night, the Cape Charles Town Council set a date for two public hearings regarding zoning for the old Cape Charles high school. The Town has signed a purchase contract with Echelon Resources, Inc., to sell the building and land for $10, but a condition of the contract is that the zoning be changed to allow for a 17-unit apartment building.
The public hearings are scheduled for Thursday, August 23, at 6 p.m. at a location to be announced.
Residents crowded the council chamber for Tuesday’s meeting, spilling out into the hallway. But because it was a special meeting, no public comment was allowed.
Frank Wendell was the only member of council to vote against holding the public hearings. He questioned the need to rezone the school property from Open Space to R-1 Residential, and the subsequent conditional use permit that would allow Echelon to locate an apartment building in an R-1 zone.
“Is replacement of the basketball court the only condition for the conditional use?” Wendell asked. “No repurchase agreement, like the [Town] attorney recommended?” [Read more…]
Some of Town’s Biggest Landowners Owe Back Taxes
By KAREN JOLLY DAVIS
Cape Charles Wave
July 31, 2012
Delinquent taxpayers owe the Town of Cape Charles over a quarter million dollars. And the companies that owe the most are among the largest landowners in town — Baymark Construction Corp., Bay Creek LLC, and Bay Creek Marina and Resort LLC.
“We should be caught up within 60 days,” said Oral Lambert, speaking for the Bay Creek companies. “There are many entities in our corporate group and this is just a small percentage of the total. The vast majority of the Bay Creek taxes have already been paid.”
Town Manager Heather Arcos informed the Wave that the Town collects an average of about 96 percent of taxes due each year. Delinquent real estate taxes, including penalties and interest, equal $250,856 as of July 26.
Arcos said Cape Charles uses a string of methods to collect back taxes. The Town mails bills, sends out reminder letters, and sometimes even calls the delinquent owner. Payment plans can be arranged. And under the Town Code, officials can withhold permits until taxes are paid. [Read more…]
Planning Commission Recommends Allowing Old School to Become Apartment Building

Wayne Creed of Old School Cape Charles addresses Planning Commission at Thursday’s public hearing. (Wave photo)
By DORIE SOUTHERN
Cape Charles Wave
July 27, 2012
The Cape Charles Planning Commission yesterday voted unanimously to recommend approval of the rezoning of the Old Cape Charles High School, adjoining parking lot, and basketball court from Open Space to R-1 residential.
The Planning Commission also voted 3-1 to recommend approval of a Conditional Use Permit to allow Echelon Resources, a private developer, to convert the school into a 17-unit apartment building located in an area of mostly single-family homes.
The votes were preceded by a public hearing, at which all the members of the public who spoke opposed the rezoning and conditional use.
Lenora Mitchell said the rezoning and the conditional use would “destroy the character of the neighborhood.” She noted that the basketball court next to the school is a community asset used across racial, age, ethnic and social lines. Under the terms of the contract signed by the Town, the basketball court will become a private parking lot for the apartment house.
John Peterman, an adjacent property owner and part-time resident, said, “We had no idea this would happen when we bought our property. We would not have bought it had we known.”
Wayne Creed, president of Old School Cape Charles, LLC, asked, “What happened that we are converting a public asset to a private asset? Why? Because we are in the Historic District we are eligible for government grants and loans and tax credits to improve the building, but those will be going to a private developer instead of the people of Cape Charles.”
Creed reminded the Planning Commission that the Historic District Review Board had rejected the proposal to convert the school into an apartment house as inappropriate.
Creed said the park has always been open space and the school has always been part of the park. “History shows that they were always together,” he said.
Echelon Partner Outlines Plans for Old School in Presentation at Palace Theater

Echelon Resources partner David McCormack outlines plans to convert old school into 17 one-bedroom apartments during Saturday morning’s Town information meeting.
By DORIE SOUTHERN
Cape Charles Wave
July 22, 2012
Echelon Resources partner David McCormack came to town yesterday to tell the public about his company’s plans for the old school at Central Park. Over 100 people attended the Town information meeting at the Palace Theater.
About a year ago during a visit to the Eastern Shore, McCormack said, he “happened to notice that the old school was there.” His specialty is adaptive reuse of old buildings, so he investigated and was shown the school by town staff sometime last summer. In August, he and his partner, Edwin Gaskin, sent a confidential unsolicited proposal to the town to purchase the building.
Town staff negotiated in secret with Echelon until February 9, when Town Council held a public hearing as required before selling public property. Local resistance has mounted since that time, but until July 10, no Echelon representative had provided any information to the public about the company’s plan to convert the old school into a 17-unit apartment building.
McCormack attended the July 10 meeting of the Cape Charles Planning Commission and gave a slide show. Yesterday he repeated his presentation for the general public.
Although McCormack emphasized that he was “happy to answer any questions,” Vice Mayor Chris Bannon was not in agreement. The rules according to Bannon were that no question was to be asked about the contract signed by Mayor Dora Sullivan with Echelon or about required zoning changes. Such questions “should be directed to the Town Manager in writing,” Bannon twice emphasized.
In his presentation, McCormack gave an overview of Echelon projects in recent years. Echelon and its development partners have invested $80 million in historic redevelopment in Virginia, he said, assisted with tax credits from the Virginia Department of Historic Resources and the National Park Service.
Without tax credits, Echelon’s adaptive reuse projects would not be attractive to a commercial lenders, McCormack said. [Read more…]
Council OKs Buying Bank Building for New Library

Friends of Cape Charles Memorial Library turned out in force to support Town Council’s decision to buy former bank building.
By GEORGE SOUTHERN
Cape Charles Wave
July 20, 2012
In the Council chamber filled with members of Friends of the Library, Town Council yesterday authorized Mayor Dora Sullivan to sign a purchase contract for the former Bank of America building.
The building would be used for several purposes, including storing Town records in the bank vault, but the main use would be for a new library on the ground floor. The 3,000 square feet available would be about double what the library has now.
Although no public comments were permitted, Friends of the Library had already given their informal approval to Town Council, and members showed up to support the decision.
After Bank of America vacated the building in March, it was put up for bid. Town Council was told that the highest of four bids received was $200,000, and the bank offered the Town a chance to match that bid.
There is no money in the budget to buy the building, so the Town plans to take money allocated in a 2010 bond issue to connect two new wells to the Town waterworks.
Assistant Town Manager Bob Panek suggested that the money needed for the wells could be recovered from hookup fees charged to new water customers. He cited two possible sources — fees from Echelon Resources, who plan to build 17 apartment units in the Town’s old school building, and fees from the envisioned Southport Yacht Center.
Councilman Frank Wendell observed that the Town had already voted to reduce hookup fees for Echelon Resources by 75 percent.
There was confusion among council members over just what a “yes” vote meant. Joan Natali thought the vote was only preliminary, and that Council would have another opportunity to make a final decision. But Panek explained that Council was actually voting to authorize the Mayor to sign the contract. There would be no further vote, although the Town would have a 30-day period to inspect the building.
There will also be no public hearing.
When Mayor Sullivan signs the contract, the Town must make a non-refundable payment of $20,000 earnest money.
Councilman Wendell was the only member who voted no. He said although he supported a larger space for the library, Town Council should inspect the building before — not after — signing a contract.
Woman Pleads Guilty to Falsely Claiming Beach Rape

State Police prepared this composite drawing based on the alleged victim’s description. She later admitted that she made it up.
By GEORGE SOUTHERN
Cape Charles Wave
July 19, 2012
A 20-year-old Exmore woman who told Cape Charles police March 23 that she had been raped on the Town beach was sentenced today to one year in jail for filing a false police report. However, 11 months of the sentence were suspended, so she is only required to serve 30 days.
Suzanna Bowen pled guilty today in Northampton General District Court to a misdemeanor charge of filing a false police report. She is also required to perform 200 hours community service and provide restitution for the expenses of the police investigation.
Cape Charles Police Chief Charles “Sambo” Brown told the Wave that Town police spent at least 100 man-hours investigating the false charge. The Northampton Sheriff’s Office also investigated, as did State Police, who prepared a composite drawing of the alleged assailant.
Bowen had claimed that she was raped by a stranger during daylight hours — about 6:30 p.m. March 23 — on the north end of the Cape Charles beach.
Former Cape Charles police officer Charles Graham testified for the Town at the hearing today.
Chief Brown told the Wave that Cape Charles police interviewed Bowen for nearly three months. “The last interview was more of an interrogation,” he said.
By late May, police had determined that the rape allegation was a hoax. Bowen was arrested June 11.
UPDATE: Council to Vote on Buying Bank for $200,000
By GEORGE SOUTHERN
Cape Charles Wave
July 19, 2012
Cape Charles Town Council will meet in open session Thursday at 5 p.m. to vote on buying the Bank of America building on Mason Avenue for approximately $200,000.
According to a Town staff recommendation prepared by Assistant Town Manager Bob Panek, the Town needs the bank property for five reasons:
1. Expansion of the Cape Charles Memorial Library;
2. Relocation of the broadband computer lab to a more publicly accessible space;
3. Indoor cultural and educational programs for children and adults;
4. Relocation of records storage from leased space;
5. Public parking for the business district.
Panek said the Town could use funds obtained from a 2010 bond issuance that were intended to finance two new wells, which are still being engineered. This would allow the Town to spend the money without increasing the budget. “This would temporarily displace the project to connect the two new wells,” Panek said.
If Town Council approves the purchase tomorrow (as it is expected to do), a contract could be signed by the mayor without any public input.
The Town would be required to pay a non-refundable $20,000 deposit within 48 hours of signing the contract.
The agenda for Thursday’s special meeting does not provide for remarks from the public.
Low-Income Residents in Bayview Face $100 Water Bills

Alice Coles, head of Bayview Citizens for Social Justice, is relieved that Northampton County is taking over the water and sewer system — but worried that residents won’t be able to pay.
By KAREN JOLLY DAVIS
Cape Charles Wave
July 19. 2012
After 10 years of negotiations, recriminations and deterioration, Northampton County finally owns the Bayview water and sewer systems. That means 71 low-income households will be charged about $104 per month for service — a price many likely can’t afford.
“We will shut down service if we are not paid,” said Northampton County Administrator Katie Nuñez. “It’s not pleasant and we don’t want to do it. But for the past six years the county has been paying for that system.”
Nuñez said that between 2009 and 2011, Northampton taxpayers subsidized the Bayview operation to the tune of $117,350. Bayview Citizens for Social Justice (BCSJ) will be forgiven $35,000 in delinquent real estate taxes in exchange for ownership or easements on five key parcels.
Alice Coles, executive director of BCSJ, is both relieved and disturbed by the transaction.
“The county was supposed to take over the system 30 days after it was built, by signed agreement,” said Coles. “But we ended up being responsible for it. We had no one trained to run the equipment. The systems began to fail.”
Since 1998, BCSJ has received $11 million in grants and loans to replace the shacks and outhouses that once characterized the neighborhood. They bought 160 acres near Cheriton, and built roads, houses, a laundromat, offices, and a community center.
In 2002, BCSJ got $1.7 million in state and federal money to build some roads and a sewer system for 94 units. Operating costs were supposed to come from monthly payments by the users.
For those units that received Section 8 assistance, utilities were included in the rent. But for the 23 households not government controlled, the situation was quite different.
“They made efforts to pay,” said Coles. “But most were delinquent.” [Read more…]



















