1 Appomattox Town Council
Joint Public Hearing August 23, 2016
The Appomattox Town Council and Appomattox Town Planning Commission held a joint public hearing on Tuesday, August 23, 2016 at 6:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Town Council Members present: Timothy W. Garrett, C. Lewis McDearmon, Jr., Mary Lou Spiggle and Claudia Puckette. Abstaining: Steven T. Conner Absent: M. Erin Finch
Planning Commission members present: Marvin Mitchell, S. L. Ferguson, and Roger Carson.
Others present: Ashlie Walter, News & Advance; Daniel Puckette, Times Virginian; George Aznavorian, Steven Conner (Agent), Brad Bays, Basil Bays, Don & Nancy Wilks, Jeff Elder, Facilities Director; Philipp Gabathuler, Town Manager and Roxanne W. Casto, Clerk of Council.
Mayor Harvey called the Town Council public hearing to order.
Marvin Mitchell, Chairman called the Planning Commission public hearing to order.
Mayor Harvey stated the purpose of the public hearing:
Latitude 37 Appomattox, LLC for Bays Trash Removal, Inc. does hereby request a Conditional Use Permit in order to store portable toilets and service trucks as shown on the Conditional Use Permit Plan as identified as Tax Map Identification Number 64A1 (A) 3. Two to three employees will be on site at various times throughout the day. Trucks are filled with water each morning and waste is emptied each evening. This parcel is approximately 85.5 acres in size and is located on 310 Furniture Lane, Appomattox, Virginia. The property is zoned M-1, Industrial, however any structure to be erected or land to be used shall require a conditional use permit. Town Code Section 195-14, Uses Not Specifically permitted; special exception allows for any use not specifically listed in the use chart to make a request to Town Council for approval by special exception.
The Town of Appomattox Planning Commission recommended approval of this permit based on the following conditions at their August 4, 2016 meeting:
A. No septic waste should be dumped on the site. B. A maximum of 8,000 gallons of water should be used on this site per month. C. A maximum of 8,000 gallons of sewer capacity should be used on this site per
month.
D. Bays Trash Removal, Inc. installs a sewer meter which can be read by Town
Staff.
E. Bays Trash Removal, Inc. is responsible for having the sewer meter calibrated on an annual basis—starting the first month of operation. The annual calibration report should be sent to the Town Office (PO Box 705, Appomattox, VA 24522).
2 Appomattox Town Council
Joint Public Hearing August 23, 2016
F. A monthly report detailing sewer usage shall be sent to the Town Office (PO Box
705, Appomattox, VA 24522) by the fifth of every month.
Basil Bays and Brad Bays made a presentation for the CIP application. The specified amount of area is 40 yards by 120 yards. They propose dumping into the pump station holding tank, units will be cleaned when returned and sanitized, units will be confined to a small area and there will be some traffic in and out.
Questions for Council and the Planning Commission: Ms. Spiggle asked how the Planning Commission can procedurally make recommendations before the public hearing. Council has ultimate approval. The Planning Commission should make recommendations. The official approval barring a public hearing comes from Council.
Ms. Spiggle asked if notices of the public hearing were sent to adjacent property owners. She said she also believed that some of the items (recommendation) were added after the Planning Commission meeting. She said she has issues with the procedure.
She asked why make conditions prior to the public hearing. That’s the proper procedure why not follow them?
She didn’t know anything about the public hearing until reading it in the Times Virginian.
What about the letters to the adjacent property owners? Including the Primary School – sending letter out is due process. This is a use not provided for. In our current zoning ordinance – this use is not allowed.
If the Town approves the request any M-1 property can be used for the same purpose.
Will the trucks be squeaky clean? Bays – yes
How can the Planning commission approve?
Mr. Gabathuler said Mr. Bays’ application outlined very clearly their plans. The Planning Commission only makes recommendations, it does not approve.
Spiggle – Hearing from Mr. Carter and others – anything that has to be hidden out of sight, most people do not want toilets on the side of 460. You cannot hide trucks coming in and out.
In other areas, the Town sewer rates are lower Farmville and Bedford – Will you bring sewer to Appomattox?
Mr. Gabathuler said any uses in M-1 would need a Conditional Use Permit. There are no by right uses.
3 Appomattox Town Council
Joint Public Hearing August 23, 2016
Mr. Bays explained that Bays Trash Removal bought out Taylor Portable Toilets two (2) years ago. They are currently operating out of the current Taylor site. They have also purchased a six (6) acre site but it is not operational at this time. It has been approved by the Board of Supervisors but there is still some engineering, road work, well drilling, telephone lines, etc. to the done.
Mr. Bays assured Council of their willingness to contain the flies, odor, rodents and varmints.
Mr. Samuel E. Carter – 307 Morton Lane, Appomattox Mr. Mayor, Town Council members, Town Manager and Madam Clerk – I am here to address the Conditional Use Permit. I’ve had a lot of conversations with different people regarding this but today seems to be the day that something changes every hour. This comes up and that goes away, etc, etc. However, the things I have written down, Mrs. Spiggle, I must say I agree with you wholeheartedly on a lot of your points. This right here – I’ve been serving the public for 36 years. This right here has caught my attention more so than even the Courthouse episode because it is in the Town Limits, out in the County, that’s fine but within the Town Limits it is not the place for it in my opinion. The questions I have to ask, and I know you are not obligated to answer but at least take them into consideration: 1 – Why is it that they are not using the site the County approved in February? Well, I just heard from the gentleman but I don’t understand it because the County put in the stipulation of the 6.5 acres down there that there would be 30 units. Now, I don’t know how many units you can put on 6.5 acres but it is written in case and concrete that is your maximum amount you are going to have.
Steve Conner interjected – it was 30 dumpsters.
Mr. Carter – It is 30 units – I have it right here and it talks about the egress of the property. I still don’t know why they want to go from the County back into the Town.
2 – Are they moving their entire operation here? No, I understand that now.
3 – How are they attaching to the sewer system? That pump up there has not been used in 5 ½ years – have we tested it? I don’t know. It may be cracked or it may be in perfect running condition but we don’t know that unless it has been tested.
4 – Who was notified about this and how? When zoning property or property to be rezoned notice has to go out to adjacent property owners just like down at the Vera site. He met with those people down there – told them the situation. Everything went fine for both parties. That didn’t happen here. No adjacent property owners – the school, the Railroad even, the ones across the street or down Morton Lane.
Now on this 85.5 acres – now you say 45 yards by 40 yards – why should a person or persons go by something that isn’t in writing.
4 Appomattox Town Council
Joint Public Hearing August 23, 2016
For example, our dear friends at Walmart, we had that gentleman’s agreement that we are going to have painted red brick – now guess what it is not. The point I am trying to make is that all of this needs to be documented.
5 – What road are they going to use? Dairy Queen or the Primary School? We already know that the Primary School is probably the worst possible road for any additional volume of traffic.
If you go by Dairy Queen, any amount of traffic you’re by an eating establishment and that doesn’t look very good.
Mayor Harvey reminded Mr. Carter he had 2 minutes.
Who is going to regulate all of this? The conditions put forth by the Planning Commission? Who’s going to enforce? Is it going to be state regulators or someone from the Town? As long as someone checks the checker.
Again, the water rates? Are they going to be charged residential or commercial? Nothing within the Conditional Use Permit addresses this. I think that is what has everyone bogged down.
Unless it is written down – it will be hard to hold their feet to the fire. How many trucks daily will be going to coming in and out?
It says here – no septic waste. What’s the definition of septic waste? I know it’s got to be a period of time but there is no time element.
All of these questions need to be asked and from the bottom of my heart I think this – I would like for the Town Council to table it until you find out and then put it in writing or don’t allow it.
Mr. Carter thanked everyone.
On a motion by Mr. Garrett, seconded by Ms. Puckette, Council voted to table the public hearing for Bays Trash Removal to give time to review the procedural issues. All members present voting aye. Motion carried.
On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to table the public hearing for Church & Main LLC to give time to review the procedural issues. All members present voting aye. Motion carried.
Mayor Harvey and Chairman Mitchell closed the public hearing at 7:15 p.m.
Roxanne W. Casto, MMC Clerk
Paul D. Harvey Mayor