September 12, 2016 Council Hearing Minutes

1 Appomattox Town Council

Joint Public Hearing September 12, 2016

The Appomattox Town Council and Appomattox Town Planning Commission held a joint public hearing on Monday, September 12, 2016 at 6:00 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, M. Erin Finch and Claudia Puckette. Abstaining: Steven T. Conner

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.

Basil Bays and Brad Bays made a presentation for the CIP application. Mr. Gabathuler added that the application has been amended to remove the emptying of waste. The application is now just to store the port a johns on site and fill with water. Mr. Bays is withdrawing the dumping aspect from the Latitude 37 Appomattox LLC site as it will only be used as a temporary site until the Vera site is fully developed.

Ms. Spiggle asked how many toilets they envision storing on the Latitude 37 Appomattox LLC site? Mr. Bays said 8 currently. In the winter months it could be 20-30 units. The main location will remain in Bedford.

Ms. Spiggle asked is it their intention to move to Vera since the Board of Supervisors approved that site earlier this year? Mr. Bays said they bought the property earlier this year and yes, they still plan to move there.

2 Appomattox Town Council

Joint Public Hearing September 12, 2016

Mr. Gabathuler stated that Council could impose a maximum number of units to be stored on site.

Mr. McDearmon asked if the request is strictly for storage. Would you also clean all the units before coming back to the storage lot? Mr. Bays said yes. The toilets would be cleaned before coming back to the site, simply because it is much easier to transport an empty toilet.

Mayor Harvey said the storage units are well hidden? Mr. Bays said yes. Mr. Conner showed the area on the map of the property.

Mayor Harvey – Do you have a timeframe for the Vera site? Mr. Bays said he was not sure at this time.

Mayor Harvey – changing the dumping, changes everything, not that I’m a voting part of it.

Public Comments:

Elizabeth Gilliam – 236 Dunn Roamin Road, Appomattox, Virginia A citizen of Appomattox County, I want to make it clear I appreciate that this is a City Council Meeting and you have some things you want to make some decisions on tonight but I feel the County and City work well together over the years and that communication makes all the difference. When I initially heard about this project I was shocked but sitting here this evening I feel much more reassured about what I am hearing particularly Mayor Harvey about the aspect of bringing material in and dumping. I am also assured that this will be a temporary location and that when their plans are complete at their everyday site they will move there.

As an everyday citizen my shock came from having any operation like this right in the heart of our tourist district. Where people from all over the world come basically because of the surrender grounds just a stone’s throw away was terrifically unappealing. I didn’t think this was the foot we wanted to put forward to the rest of the world.

Hearing what I have tonight I feel reassured that all of that is going to take place and this is temporary and rather small in nature. Again, thank you for letting a non-citizen of your city limits speak tonight.

Sam Carter – 307 Morton Lane, Appomattox, Virginia Thank you Mayor Harvey, Council Members, Town Manager and Madam Clerk – I brought with me the questions I had at the last public hearing and after hearing what I have tonight and talking with the gentleman before the meeting, I am overjoyed and feel good about this change of events. I appreciate the people that worked on this to get this to the stage it is now. Thank you again.

3 Appomattox Town Council

Joint Public Hearing September 12, 2016

Church and Main, LLC Mr. Gabathuler spoke regarding the Conditional Use Permit application for 1848 Church Street. The request is for the owner to reside on the 2nd floor. The Planning Commission raised concerns of parking and safety.

Mr. and Mrs. Wilk’s, owner/applicant spoke to the former Tea Room being a vacant building for a number of years and their desire to purchase the property and open a business there. They have spoken and met with the building inspector regarding their request to live on the 2nd floor.

Questions from Council – none Questions from the Planning Commission – none

Mr. Gabathuler requested to add this item to tonight’s Regular Council meeting agenda.

On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to adjourn the public hearing.

On a motion by Mr. Mitchell, seconded by Mr. Carson, the Planning Commission recessed for their regular monthly meeting.

Roxanne W. Casto, MMC Clerk

Paul D. Harvey Mayor