The Town of Cape Charles will hold two Town Hall meetings to discuss the potential sale of water and wastewater utilities to Virginia American Water.
The meetings are scheduled for October 5th at 6:00 pm, and October 8th in the afternoon at 2:00 pm.
Both meetings will take place at the Cape Charles Civic Center, 500 Tazewell Ave.
DON’T SELL THE WATER..!!!
Crazy Come-Heres….
The Town has ventured into territory it believes it controls. Both the Court(s) Order(s) of 1991 – Public Law # 27 and the Town’s Municipal Ordinance of 1883, the Bay Creek PUD are legislative acts, not subject to judicial review. The Town can offer to amend its PUD Ordinance, but not by a simple contract to undermine the intentions of the Court(s) Order(s). The Bay Creek Owner/Developer/Declarant is obligated to pay in full the costs for upgrading and expansion of the Town’s utilities to meet the needs of the ‘permitted’ 3,000 housing units. The Annexation Agreements run with the land, the Annexation Agreements were and are part and parcel to the 1992 Annexation Orders of the Court(s). No Town Agreement with the Bay Creek Owner/Developer/Declarant can now upend that obligation without a revised Town Ordinance and a State Legislative body revision to those Legislative Acts. Preserve Communities cannot speak for those home and or lot owners in the North Tract of Bay Creek, the parcels that were located in the original Town. Kings Creek Marina is in those parcels, it is not owned or controlled by Preserve Communities. The Town cannot wave its obligations under the Settlement Agreement with the County, the Town, Brown & Root (Preserve Communities’ predecessor), their successors and assignees, who are the current land owners of Bay Creek at Cape Charles and other properties within the PUD. Parcel T lots in the North Tract are within the PUD, and are included within the Bay Creek PUD geography. Preserve Communities cannot speak for these land owners. Foster, relieved them of any obligation to fund by assessments any participation in the POA, but hey remain in the PUD and the PUD is the governing document by which the Town was to manage the entire complex after the Annexation effective Jan. 1992. The County felt that the Town could not handle such an undertaking. The County appears to have been correctly clairvoyant. Never has the Town effectively managed the wastewater treatment plant issue which the Owner/Developer/Declarant was by Legislative Act (Public Law # 27) obligated to perform for the benefit of the Town without any costs being foisted upon the subjected land owners of any property previously owned by Brown & Root. Brown & Root property within the Town in 1992 included all of the North Tract of Bay Creek and other properties within the Town, not within Bay Creek. The proposed contract, in my opinion overlooks these contractual obligations that Preserve Communities is attempting to avoid. R.J. Nutter, Esq., the real estate/property guru for both the Town and Cape Charles Municipal government in 1990 – 2000 knows the precise details as does Cela Burge. Where are their voices now?
Should have read 1993 not 1883 for the Municipal Ordinance