COMMENTARY: Old School Gets Its Day in Supreme Court

By DEBORAH BENDER

October 14, 2013

Tomorrow the Old School Cape Charles civic group will get a second chance at justice. On Tuesday, October 15, the Virginia Supreme Court will hear an appeal of a lower court decision allowing the historic school in Central Park to be given to a developer.

Those who have been reading the Wave know the sad story of the Town’s secret negotiations and purported “sale” of the school for $10. One can barely buy lunch for $10, but our Town Council sold valuable town property –including the Town’s only two basketball courts — for that “price.”

But it gets worse: Not only did they sell the school for $10, they then gave the developer $41,000 in insurance money for earthquake damage not noticed until three months after the fact.

The Town bumbled about for several months trying to issue a legally acceptable rezoning and conditional use permit, which they were never quite able to do.

The Town signed a contract and enacted an ordinance to sell the school to Echelon Resources. But when Mayor Sullivan signed over the deed, it was to Charon Ventures — an entity that was never mentioned in the contract or the Town ordinance.

Town residents who value public property and care about the local children thought better of the school than to give it away. They formed a group and named it Old School Cape Charles. Old School set to work alerting townspeople through signs, leaflets, and petitions. In reaction, Town Planning Commissioners have spent months working on the Town’s sign ordinance to ban protest signs. [Read more…]

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LETTER: Thanks to Town Staff for a Job Well Done

October 11, 2013

DEAR EDITOR,

As the 2013 Mid-Atlantic Bottlenose Dolphin Unusual Mortality Event (UME) Investigation continues, close to 700 strandings have been collected so far. The tentative cause of the UME is being attributed to cetacean morbillivirus, based upon preliminary diagnostic testing and discussion with disease experts. Of 93 dolphins tested to date, 84 were confirmed positive or suspect positive for morbillivirus.

These studies involve several NOAA laboratories and science centers, stranding network members, non-profit research organizations, and academic partners, yet it is important to note that the important data needed would not have been collected without local boots-on-the-ground members of coastal communities like ours. Here is the rest of the story:

We are lucky enough to have a Town Manager and Public Works staff that has been very effective in the handling of dolphin strandings here in Cape Charles. There have been several strandings in and around our harbor, with two dolphins actually landing on our beaches. In both cases, Town Manager Heather Arcos instructed Pete Leontieff of our public works staff to secure the dolphins as best as possible (there’s no handout or standard operating procedure for this) and then contact the Virginia Aquarium. After the technicians were able to conduct the testing and gather the data, Pete and his crew disposed of the dolphins according the specifications supplied by the Aquarium staff. [Read more…]

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LETTER: Cape Charles DOES Care About Children

September 27, 2013

DEAR EDITOR,

Please print my response to the vacationer’s comment in the “Anonymous” section [click here to read “Anonymous”]:

Thank you for choosing Cape Charles as your family vacation spot. Families like yours are a vital part of this town’s economy, and I know the local businesses appreciate you choosing Cape Charles.

I understand that the Old School issue has soured a lot of people; however, I would caution people from making statements such as “I’m sad to hear that they don’t believe in investing in their youth,” when referring to this town.

Yes, the basketball nets are down, but this town has done an extraordinary job of creating other opportunities for children. Please take note of the tennis courts, skate park, soccer goals in the park, the countless programs offered year ’round by the library, as well as numerous special events throughout the year such as the upcoming Trunk or Treat, the New Roots Youth Garden, Movie Night in the Park, and the many athletic programs offered throughout the summer. [Read more…]

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COMMENTARY: Support PSA for a Cleaner Eastern Shore

By WAYNE CREED

September 21, 2013

Assistant Town Manager Bob Panek received a universally chilly reception September 16 at the Cheriton Fire Hall when he explained plans to use the Town’s wastewater plant as the southern node of a semi-regional wastewater system. But when so many people around here agree with each other, it should raise a giant red flag that something is wrong.

I agree that at the current time, Cape Charles should not engage with the Public Service Authority to run pipe out to the newly created Economic Tax Zone along Route 13 — but for different reasons than have been voiced by others.

A major red herring is that supplying wastewater treatment to Route 13 and Cheriton would somehow cause economic stress to Cape Charles businesses. There is a notion that a Rite-Aid or CVS may open to compete with Rayfield’s, yet in this economic climate, chain stores tend to stick to locations that minimize risk. Even with peak summer traffic, there doesn’t appear that there are the demographics to support a chain like that, and companies like CVS only survive if they can subsume and assimilate. That is, it would only be viable if they could assume Rayfield’s base — a difficult task that may seem too risky after a thorough cost-benefit analysis. [Read more…]

EDITORIAL: Don’t Subsidize the County

A CAPE CHARLES WAVE EDITORIAL
September 19, 2013

Two weeks ago today, Cape Charles Town Council was supposed to discuss a proposed rate structure for commercial sewer customers on Route 13 and around Cheriton. Assistant Town Manager Bob Panek earlier said that determining a sewer rate would be “about a day’s work.” But no rate has yet been proposed, and Council’s work session was cancelled. It’s now clear that the sewer charge won’t be based on engineering calculations — it will be a political decision.

Cape Charles residents and businesses pay a minimum monthly sewer charge of $61. But County Administrator Katie Nunez doesn’t want commercial customers outside the Town to pay any more than an “affordable” rate of $45. Town officials bought into Mr. Panek’s reasoning that any additional sewer income would be “gravy,” since most of the costs of running the treatment plant are fixed, and not dependent on how much sewage is treated. So they initially were amenable to the $45 charge.

But try telling anyone who sells hamburgers in Cape Charles that they have to pay full rate to support the fixed costs of the sewer plant, while McDonald’s and Hardee’s will get a lower rate. It’s a politically indefensible argument, so it’s not surprising that Town officials now are scared to propose any rate. As a result, the public hearing set for Monday, September 23, at the County board room in Eastville will be almost farcical, since nobody knows what the rate will be.

It doesn’t take a month or even a day to calculate a rate structure for County sewer customers, because the calculation has already been done. If Town customers pay $61 a month, then County customers should pay $61 a month. Any less, and the Town is rewarding and encouraging businesses outside Town limits. Any more – well, forget that argument, because no County customer would tolerate a rate above $61 – even though Town Council member Joan Natali has publicly suggested that the Town could “make a profit” on providing sewer service to the County. [Read more…]

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SHORE THING: You Tell ‘Em, Ted

By GEORGE SOUTHERN
Cape Charles Wave

September 9, 2013

A recurring theme of critics of the Wave runs like this: “We’re tired of all the negativity. Don’t tear down; build up. If you think you can do better, then run for office. Get involved. But don’t spend your time criticizing what others are doing.”

Our critics don’t seem to have much appreciation for what’s known as the “Fourth Estate.” According to Wikipedia, the “networked Fourth Estate” can be defined as “technologies that are associated with the free press and provide a public check on the branches of government.”

Providing a public check on government is the main purpose of the Wave. In a tiny town like Cape Charles, how are you going to know what’s happening at Town Council, the Planning Commission, the Historic District Review Board, or the Wetlands and Coastal Dunes Board? Attend all the meetings as a spectator? For most people that’s just not practical. But to be an informed citizen you need to know what’s going on, and that’s where the Wave comes in. We actually report those meetings. We’re not running for office, but we are involved.

The two “real” newspapers, Eastern Shore News and Eastern Shore Post, from time to time file stories about Cape Charles, including Town Council, but those papers cover the entire Eastern Shore and don’t focus on Cape Charles. Hence the Wave.

The aforementioned papers sometimes are criticized as too “wishy-washy,” afraid to call a spade a spade. So it did our hearts good when we read the fiery opinion column by Eastern Shore News editor Ted Shockley the other week. His rebuke is directed at Accomack County supervisors after they refused to fund a new library. Shockley pointed out that the supervisors waste plenty of money through poor management. Here’s a condensation of what he wrote: [Read more…]

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EDITORIAL: Conflict of Interest

CAPE CHARLES WAVE

September 4, 2013

This editorial should not have to be written, because the issue should be obvious.  Sadly, that is not the case in Northampton County – or especially Cape Charles, where conflicts of interest are more common than September hurricanes. (Click here for an egregious example five years ago.)

Resident in Cape Charles is a remarkable individual known to all as Bob Panek. Once the acting town manager, he now prefers to be the assistant.  He was the chief consultant for construction of the Town’s wastewater treatment plant.  He is president of Citizens for Central Park.  At candidate debates before the last three elections, Mr. Panek decided which questions were asked and to whom, despite his unconcealed partisanship. And finally, which is the point of this editorial, he is chairman of the Eastern Shore of Virginia Public Service Authority, whose purpose is to study, implement, and operate water and sewer systems.

Mr. Panek was appointed by Cape Charles Town Council to represent the Town on the PSA. This was wrong, because it violates the principle of separation between a paid public employee and an elected or appointed official.  One might have hoped that Town Council understood that principle, after two town employees ceased to serve on Town Council. A paid town employee should not be appointed or elected to a town board or commission and should not be the town’s representative on a county board or commission. [Read more…]

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EDITORIAL: The Developer’s Wife

August 28, 2013

An earnest commenter, upon reading the Wave’s story about the developer who plans to convert the Old School into an apartment building, wrote, “I don’t think it’s fair to smear someone’s name just for “knowing” another person. . . . Mary [McCormack, wife of developer J. David McCormack] is one of the kindest, sweetest people I have ever had the pleasure of knowing and I am sure there are lots of people here on the Shore that would agree with me that her name should not even be brought into this mess.”

Indeed, it’s a journalistic axiom when reporting the actions of a public figure that family members’ privacy should be respected. But what about when the public figure himself brings up his wife’s name?

In this case, developer McCormack, addressing a meeting of the Cape Charles Planning Commission, noted that his wife, Mary, “just by sheer coincidence realized that she had a relationship with Heather [Arcos, the town manager].” The Wave videotaped McCormack’s statement (to the discomfiture of the Planning Commission chair), and the video may be viewed by clicking here.

Why is it newsworthy that the wife of a developer “had a relationship” with the town manager? Because what the Town did with the Old School property was highly irregular. When authorities decide to divest public property, it is unusual to give it away, and even more unusual to pay a developer $41,000 to take it – especially when the property was valued on the tax rolls at $900,000.

If a municipality wants to sell public land, it normally would advertise for bids, and then sell to the highest bidder. That didn’t happen in Cape Charles. Instead, Town Council met secretly with McCormack. No one else knew that Town Council was considering selling the building (much less paying someone to take it). Most people still thought the Cape Charles Christian School was going to lease the building. [Read more…]

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