HOOPS: Town Taketh Away but the Lord Giveth

Local youths take advantage of the Baptist Church basketball court on the last day of 2013. (Wave photo)
By GEORGE SOUTHERN
Cape Charles Wave
January 1, 2014
Here’s some good news to start off the New Year: Thanks to Cape Charles Baptist Church, local youths’ prayers have been answered — there is now a place in town to shoot hoops.
The church has installed two temporary-type goals on an asphalt pad beside the church edifice. While not offering regulation play, it’s a lot better than nothing, and nobody is complaining.
The Town had been hoop-less since December 26, 2012, when Assistant Town Manager Bob Panek gave orders to Town maintenance workers to remove the hoops and backboards at the Central Park basketball court. The court no longer belonged to the Town, having been sold along with the former Cape Charles High School building to real estate developer J. David McCormack a few days earlier for the price of $10. The terms of sale did not give the Town rights to the basketball goals, but McCormack clearly did not mind that the Town took them down at taxpayers’ expense. [Read more…]
Shanty Restaurant Plans Expansion

Shanty Restaurant at Town Harbor as presently constructed
CAPE CHARLES WAVE
December 30, 2013
Business has been so good at the Shanty Restaurant at the Town Harbor that they plan to expand next year.
The restaurant, which leases land from the Town of Cape Charles, has applied for permission to enclose the front entrance, add a “market” to the right of the entrance, and enclose the rear deck. The application does not state what would be sold at the “market.”
The Shanty opened for the 2012 summer season as an old-fashioned “open-air” facility, but customers quickly convinced management to install air conditioning.
Despite its popularity, the Shanty continues to close for the winter season, in company with Hotel Cape Charles, Brown Dog Ice Cream, and the Town’s public toilets.

Entrance would be enclosed as shown in sketch
The Harbor Area Review Board will review the application at a meeting open to the public 6 p.m. Thursday, January 2, at Town Hall. An information packet including memo, photos, and architectural drawings may be viewed by clicking here. [Read more…]
COMMENTARY: Signs of Confusion

Violation: “Signs shall not exceed 25 percent of the window area on which such signs are displayed.”
By GEORGE SOUTHERN
Cape Charles Wave
December 24, 2013
Did anyone, other than Cape Charles Town Council member and Planning Commissioner Joan Natali, actually read the new 20-page sign ordinance before voting it into law? Town Planner Rob Testerman says the Town’s attorney reviewed it, but a reader has pointed out that the time restriction on political signs violates Virginia state law.
The new sign ordinance is not only extremely proscriptive – it’s also frustratingly vague. For example:
PERMITS REQUIRED: Unless specifically exempted, a permit must be obtained from the zoning administrator for the erection and maintenance of all signs erected or maintained within this jurisdiction and in accordance with other ordinances of this Jurisdiction.
Does that mean that EVERY sign in town will need a permit? Even temporary signs, such as For Sale signs? The ordinance doesn’t say.
But speaking of permits, there are of course:
PERMIT FEES: Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction.
No fee schedule is shown.
Do we even know what a “sign” is? Yes, thanks to the ordinance:
SIGN: Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
So a sign doesn’t even have to contain words. It might be pictures of pumpkins such as were displayed in the windows of the vacant Bi-Lo building on Mason Avenue in October. The signs are gone now, and a good thing, because they are illegal.

VIOLATION: “Pure Sea Glass” banner looks to be well over 25 percent of the window space.
The most restrictive rule in the new ordinance is this one:
WINDOW SIGNS shall be permitted for any nonresidential use in a residential district, and for all commercial and industrial districts, subject to the following limitations:
– Any signs attached to windows or glass walls advertising weekly specials or special services offered for a limited time by a business establishment.
– The aggregate area of all such signs shall not exceed 25 percent of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.
One really needs to read this several times before it sinks in. Essentially, it bans all “permanent” signs in storefront windows. Only “weekly specials,” or “limited-time” offers are allowed to be displayed.
But that’s not all – there’s also the size restriction: no more than 25 percent of the window area. [Read more…]
Town Puts the Squeeze on Merchant Signs

Town officials wanted to ban these signs next to the Coffee House on Mason Avenue . . .

. . . but the new 20-page ordinance goes a lot further, including restricting the Town’s own new Harbor advertising.
By GEORGE SOUTHERN
Cape Charles Wave
December 23, 2013
Cape Charles Town Council enacted a tough new sign ordinance December 19 that appears to place a number of local merchants, especially real estate agents, in violation of the law.
“This ordinance does not attempt to regulate what messages can be placed on signs, as that is a matter of free speech,” Town Planner Rob Testerman told Town Council. But the new 20-page ordinance (the old ordinance was 5 pages) goes into great detail about what messages can and cannot be on signs:

Another “development complex sign” — or is it a “billboard”? Either way, it doesn’t appear to meet the new Town sign ordinance.
Signs posted inside storefront windows are limited to “advertising weekly specials or special services offered for a limited time by a business establishment.” This appears to be aimed at the storefront adjacent to the Cape Charles Coffee House,
which typically features signs protesting Town Council’s sale of the Old School in Central Park. (The signs have been replaced with Christmas greetings during the holiday season.) Signs inside store windows “shall not exceed 25 percent of the window area on which such signs are displayed,” which catches the large “Don’t Answer That” shown above. But it also catches the sign in the door of Brown Dog Ice Cream. [Read more…]
COMMENTARY by a Chicken-Hearted Resident

Two hens for every boy. (Photo: Stefanie Hadden)
December 21, 2013
(EDITOR’S NOTE: Cape Charles resident Stefanie Hadden made the following presentation Thursday at the Town Council meeting.)
Hi friends and neighbors! Backyard chicken-keeping is a rewarding and educational activity. It is also harmless. Keeping a small number of hens on one’s private property, properly secured and cared for, is a forward-thinking win-win for the community. It is a perfect example of sustainable living, and an important counterpoint to inhumane industrial- scale poultry production.
Hens are friendly, curious and productive! They‘re quiet, clean, entertaining birds and make wonderful outdoor pets. They produce nutritious hormone and antibiotic-free eggs ($4.29 per doz. at the grocery!), keep yards free of ticks and other insect pests, and provide excellent garden fertilizer in the form of their composted droppings.
Did you know the average dog produces 12 ounces of waste per day, where a hen produces a mere 1.5 ounces? [Read more…]
PSA Moves Ahead with Sewer Plans Despite Public Outcry

File photo of September 23 public hearing, after which Northampton Supervisors voted to table any further action on the PSA. Public opposition to a special sewer tax district was almost unanimous.
By DORIE SOUTHERN
Cape Charles Wave
December 20, 2013
“County Halts Support of PSA Highway Sewer Project,” read the Wave headline last September 24. “After hearing an hour of public opposition Monday night to creating a special sewer tax district, Northampton County Board of Supervisors voted unanimously to table the issue. ‘We heard you, we listened, there will be no action on this plan until we get a better understanding of what to do,’ announced BOS Chairman Willie Randall.” (Click for story.)
Three months later, with November elections out of the way, it’s back to business for the PSA (Eastern Shore of Virginia Public Service Authority). At its December 17 meeting the PSA approved a memo to the County Supervisors that belies any awareness of being put “on hold.”
The only reference in the memo to the September public hearing is that “comments were received that spoke against being included in the district.” The memo then lists 12 “Parcels to be Excluded” as well as four “Parcels to be Included” as modifications to the proposed special tax district.
The memo also flags two parcels owned by Northampton Mini Storage that are included in the tax district. “While we have not heard from the property owners relative to their positions on this project, the Board may wish to consider removing these two parcels since they have nominal wastewater usage today and are fully developed in their respective business capacity,” the memo states.
Before the September public hearing, the Board of Supervisors budgeted to pay 25 percent of the proposed sewer project, with property owners in the affected area responsible for the remaining 75 percent. The PSA memo advises that excluding additional parcels “will result in a higher [tax] burden on the remaining parcels.” [Read more…]
UPDATE: Jim Pruitt Considering Offer to Be Police Chief

Sgt. Jim Pruitt
CAPE CHARLES WAVE
December 18, 2013
Cape Charles police officer Jim Pruitt was picked Monday among three applicants to be the Town’s next police chief. But he hasn’t formally accepted the job offer yet.
Town Manager Heather Arcos called the Wave at 9 a.m. this morning to report that she and Mayor Dora Sullivan had just come out of a meeting with Pruitt to extend the offer to him, and that he had asked for a little time to consider it. [Read more…]
Anthony ‘Poot’ McHan, 21, Route 13 Victim
CAPE CHARLES WAVE
December 18, 2013
Anthony “Poot” McHan, 21, was driving north on Route 13 in the direction of Cape Charles Tuesday afternoon (December 17) when he lost control of his 2001 Toyota Tundra pickup. According to reports, the truck ran off the road near Capeville and flipped several times, ejecting McHan, who reportedly was not wearing a seatbelt. He died at the scene. Virginia State Police said that alcohol was not a factor in the accident.
McHan worked for Luke Kellam Construction and was involved in building the large home nearing completion in the Bay Creek South subdivision of Plantation Pointe.
A graveside service will be held 2 p.m. Saturday, December 21, at Belle Haven Cemetery with Reverend Jonathan Carpenter officiating. Family will join friends 7-8:30 p.m. Friday, December 20, at Doughty Funeral Home in Exmore. [Read more…]
Town Picks New Police Chief, Won’t Say Who
CAPE CHARLES WAVE
December 17, 2013
Cape Charles Town Council met in closed session yesterday to interview candidates for Chief of Police. According to the agenda above, Council then returned to open session and appointed a new police chief.
Under Virginia law, votes by a public body must be taken in open session accessible to the public.
Town Clerk Libby Hume told the Wave that she did not attend the Council meeting last night, nor did Assistant Town Clerk Amanda Hurley. By law, minutes must be taken of every Council meeting. Hume said that a recording had been made of the open session of the meeting, but that it was in Town Manager Heather Arcos’ office. [Read more…]
COMMENTARY:
Town Should Engage on County Development
By WAYNE CREED
December 17, 2013
As was reported in the Wave, the Cape Charles Planning Commission continues to mull ideas around Route 13 development. This is a critical role at a critical time, and could be argued is their most important task. There have been comments that Cape Charles is already “business ready” and that development should somehow only be directed towards the Town. I’m not convinced a waste water plant and six policemen constitute “business ready” — the reality is that the County will eventually develop outside of town; it has to. It is important that Cape Charles stays engaged so that we can have a voice in how this development takes place.
Unfortunately, the folks in Cape Charles running point on this issue have extremely limited and somewhat backwards notions of just what development means. As usual, they defer to antiquated, sprawl-promoting plans that include hotels and strip malls. In the end, these industries provide little economic boost, and destroy rural character in the process.
Sustainable rural development must become the fundamental principle which underpins our development goals — a multifaceted approach to managing our environmental, economic, and social resources for the long term. The hope is to reverse out-migration, combat poverty, stimulate employment and equality of opportunity, and ultimately improve rural well-being in not just Cape Charles but also the County.
The focus and framework should be around agriculture, medium-scale industries, rural services, and tourism. These policies should promote development which sustains the Eastern Shore’s rural landscapes by proactively protecting natural resources, biodiversity, and our cultural identity. In other words, meet the needs of the present without compromising the Shore’s future. [Read more…]
ANALYSIS: Town Borrowing Twice, Spending Once
By DORIE SOUTHERN
Cape Charles Wave
December 16, 2013
Cape Charles Town Council has voted to borrow $1 million for “new” projects including sewer repairs, freshwater wells, and a multi-use trail. But a Wave analysis reveals that the Town had already obtained money for these same projects, either from borrowing or from budgeting with tax money.
At a December 3 work session, Town Council reviewed “Capital Projects Priorities” (click to read) for spending $1.1 million. The priorities are:
FIRST PRIORITY: Repair 100 manholes to reduce rainwater inflow and infiltration: $100,000
An August 14, 2008, staff memo by Bob Panek (click to read) states: “The Town is correcting many problems associated with fresh water inflow and infiltration (I&I) into the wastewater system . . . So far, we have . . . fixed broken cleanout caps and installed nylon manhole inserts. Additionally, a contract has been awarded for raising the manhole covers.”
SECOND PRIORITY: Install a comminutor (grinder) for rags and other sewer debris: $50,000
THIRD PRIORITY: Upgrade sewer pump stations at Plum and Pine streets: $350,000
The 2008 Panek memo states: “Repairs and upgrades to the Mason Avenue, Pine Street, Plum Street, and Washington Avenue pump stations:” $550,000.
Town Council approved a resolution the same day authorizing (then) Assistant Town Manager Heather Arcos to sign documents for an EPA grant for “55% of project costs.” According to the resolution (click to read), “the Town has budgeted for the required 45% match.” A Project Narrative dated August 2008 states: “The proposed project will complete our efforts to eliminate the potential for wastewater overflows.”
The total projected cost of the projects was $1.2 million, with 55% funded by the EPA grant. In 2010 the Town borrowed the remaining $540,000 as part of a $2.6 million Recovery Zone Economic Development Bond. The bond application (click to read) states the following Town projects to be financed by the Town: [Read more…]