HOLLY POND — Tension surrounding the town of Holly Pond’s newest business, BNF Metals, came to a head on Monday, Aug. 7.

Just a little more than two months after BNF Metals received its license to operate within the town limits of Holly Pond, councilmember Julie Ray voiced concerns during Monday evening’s Holly Pond council meeting that local regulations and procedures outlined within a recently passed ordinance were not followed.

The ordinance discussed was drafted by town attorney Dan Willingham, and outlines the operational conditions that any junkyard, recycling facility or automotive wrecking yard must maintain. It also describes the process for how business licenses for these facilities are issued.

When it was presented to the council on May 1, councilmember Charles Holcomb, who died on May 14, motioned to suspend the rules requiring two public reading of a new ordinance in favor of immediately taking action. While councilmember Ricky Carr noted his discomfort in approving the seven page document before having time to thoroughly review its contents, the ordinance was unanimously approved.

At the time of its passing, mayor Carla Hart said the ordinance was applicable to any of the town’s existing businesses, but was intended to be the first in a “series of ordinances” to “keep the town tidy.”

“What I’d like to do is to start here and let’s pass some rules on some certain things that are coming to our town, maybe in the future,” Hart said in May.

Social media posts made by BNF owner, Jared Ibrahim, announced his purchase of the property formerly occupied by Gibb’s Garden Center, located on AL 278 E.

On Monday, Hart said she had heard rumors circulating among residents that a scrapyard was intending to move into the town limits prior to introducing the ordinance, but also said she “doesn’t buy into hearsay and speculation.”

Speaking to The Times on Tuesday, Aug. 8, Ibrahim said he finalized his purchase of the property on Apr. 27, and announced his business’s new location via Facebook on Apr. 29.

“For everyone that has not heard yet, I’ve bought the old Gibbs Garden Center in Holly Pond. BNF Metals will be conveniently located right off highway 278, it will offer 70-foot weighing scales with monitors so everyone can see their weights, and flat packed circle drive. It is only minutes from where we are located now. We will be having a grand opening sometime this summer,” the post reads.

Holly Pond town clerk Connie Moore and Hart said they had been unable to locate and verify the post during their initial searches.

Previously, Ibrahim closed BNF’s former location in Baileyton, on May 17, and obtained his Holly Pond license on June 6, 10 days before hosting the current location’s grand opening celebration on June 16. Since its opening neighboring residents have voiced complaints of excessive noise, controlled burns on the property and, most notably, the lack of fencing.

Residents Walter and Stephanie Wiseman first approached the council in July to share concerns about the lack of fencing between between their property and BNF. The Wisemans, due to the close proximity and the nature of the business, said their backyard was quickly becoming an eyesore.

“They’ve got about 10 cars over there now with fridges and freezers, it’s starting to look pretty bad,” Walter said in July.

On Monday, Ray vocalized her frustration that Ibrahim had yet to install fencing and, “would like to get some clarification” on the ordinance she had voted favorably for in May.

Ray pointed to a section within the ordinance requiring junkyards to enclose any outdoor area containing “junk” with a solid fence no less than 8-feet tall. While the council is able to use its discretion to determine if the trees separating the Wiseman residence and BNF provide “adequate screening,” Hart said she had shared the complaints with Ibrahim and requested he install a privacy fence.

Ibrahim said Hart first brought this to his attention during an early meeting prior to receiving his license. He said over the course of the meeting with Hart and Willingham, they required fencing to be installed along the front of the property prior to opening and advised him to install perimeter fencing as well, but did not give him a specific time frame for its installation.

Ibrahim said he had already received a stamp of approval from the Alabama Department of Environmental Management on July 24, with the exception of needing a drain water permit which he is in the process of obtaining. To abide by the more strict local regulations, he said he has ordered additional privacy fencing, but due to manufacturer delays and the mesh screening needing to be custom fit he was not expecting it to arrive for at least four to six weeks.

Hart asked Ray for a suggestion on a proposed timeline to present to Ibrahim as to when a fence would need to be installed before taking further action. Ray said she “felt comfortable with [Hart] speaking to Willingham to ask about what would be appropriate.”

Ray’s chief complaint landed on the fact Moore had issued a business license without the council’s approval. Moore said she had received all the required documentation, including permits and a sketch detailing the property’s buildings, materials and equipment. However, unlike other types of businesses within the town, an application to operate a junkyard is to be referred to the council.

“Upon receipt of an application for a junk dealer’s license as provided for herein, the town clerk shall investigate and make recommendations to the mayor who shall submit same to the town council,” the ordinance reads.

The ordinance also provides a specific time frame of 45 days after the submission of an application for the council to set a public hearing in order to, “hear any person who desires to be heard on any issue relevant to the granting of refusal of the license applied for.” The cutoff for this would have fallen on Friday, July 21, more than two weeks prior to Ray bringing her complaint before the council.

Moore said this process seemed a bit unfair and worried it could open the door for certain businesses to pursue legal action against the town if they felt singled out or that the town “was picking on them.”

Lori Jhons, communications director with the Alabama League of Municipalities, after referring to the ALM legal department, provided an emailed statement to The Times:

“While our organization offers various educational and support services to municipalities, the League has no regulating authority over them. Therefore, we cannot comment on a specific city’s ordinance. We defer to the city [town] for comment.”

Residents also shared concerns regarding Ibrahim’s background, referencing an arrest last May for purchasing two stolen catalytic converters. Ibrahim said prior to his arrest, an individual presented him with what appeared to be all of the required documentation allowing him to purchase a catalytic converter at BNF’s previous location. He said it was only after the individual was later arrested for stealing an additional catalytic converter that he discovered the paperwork had been forged and said the purchase was made by mistake and under false pretenses.

“He had all the paperwork, but it ended up not being the right paperwork and he had been out stealing them. When he got caught he just automatically threw me under the bus and told the police that I was going to buy it from him, which wasn’t the truth at all,” Ibrahim said.

According to court documents, the case was dismissed with the condition that Ibrahim pay $5,000 in restitution to Buddy’s Home Furnishings for the two stolen convertors.

Hart said she was only made aware of the arrest after the business had opened, but worried that looking into the personal histories of the town’s business owners would quickly create a “sticky situation.”

“If it was a sex offender running a daycare, I’d put a stop to it. But, if we ran background checks on everyone, we may end up being pretty surprised by what we find. Really, until they do something to prove different while they are here, I think we get into a pretty sticky situation,” Hart said.

Ibrahim said that while he understands the complaints, he has been attempting to maintain his property by designating the front entrance as a customer’s only area free of scrap metal, but said, “You know, junkyards aren’t the prettiest thing in the world.” He said he would prefer any concerns be made to him rather than aired out during public forums.

“I just want to be a positive for the town. I don’t want to be a nuisance that’s for sure. I just wish some of the councilmembers and the people who live right next to me would just come by and meet me so we can work something out instead of all this. Nobody needs all this,” he said.

While Willingham was not present at Monday’s meeting, Hart said she would consult with him to address concerns in hopes of reaching a mutually beneficial conclusion to the matter.

“I have talked to him about every bit of this ordinance and we’ve agreed to try and work together,” Hart said Monday night. “He is a new business, and I know people frown on scrapyards. I’ve heard it all my life, but that is their livelihood. They’re here so we need to do something that they think is right on our part and is right on his part. I know a lot of people want answers and I’m very sorry, y’all are being disturbed by this business — but it’s just a situation we’re going to have to deal with for right now and see what we can do to make it better for everybody. I don’t have a quick fix for it.”.

Messages left at Willingham’s office requesting comment were not responded to by press time.

This story was updated Aug. 10, 2023, to reflect comments from Alabama League of Municipalities.