Holly Pond residents continue complaints against scrap metal facility

Published 12:00 am Friday, October 6, 2023

HOLLY POND — Holly Pond residents continued their campaign of vocalizing complaints over BNF Metals, a scrap yard and recycling facility in the town limits, during the town council meeting on Monday, Oct. 2.

BNF Metals, located on US 278, is situated between two residential properties, one to the East and another to the North. John Annable, who owns the home behind the northern property line of BNF Metals, questioned mayor Carla Hart over a statement she made that she “had no choice” other than allow the facility in the town during a previous council meeting.

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“They can come into town and open that business and you couldn’t stop them. Is that what you’re saying?” Annable asked

The town’s attorney, Dan Willingham, clarified that like the majority of smaller municipalities, the town of Holly Pond does not have a zoning ordinance in place which would allow for the restriction of certain businesses to particular areas. Annable then suggested town officials would have been able to deny the facility a business license and brought up the arrest of the owner, Jared Ibrahim, last year.

Ibrahim’s case was dismissed in June 2023 after he agreed to pay $5,000 in restitution.

Annable argued the arrest should have provided sufficient reason to deny Ibrahim’s license citing a “moral character” clause within the town’s ordinance regulating scrap metal facilities. Willingham countered how a defendant agreeing to a plea agreement does not constitute an admission of guilt and Ibrahim should be considered innocent because courts have not found him guilty of any crime. Annable described Willingham’s argument as a “brick wall.”

“Nope, that’s not a brick wall, it’s just the law. I didn’t make this law. The government passed this law and it’s just the law,” Willingham said.

Annable’s wife, Ann, joined the debate expressing her grievances over the amount of noise generated during BNF’s operating hours saying their “lifestyle has been ruined.”

Both Hart and councilmember Debbie Holcomb said they have visited the facility on multiple occasions and were unable to detect any noise they would consider to be a nuisance.

Stephanie Wiseman, who lives just East of BNF with her husband and children, said her largest concern was the visibility of the junk accumulated on the facility’s property. She said Ibrahim has installed fencing, but because where the fence is located on the hill between the two properties, it has done little to block visibility.

“If he was smart about his business and didn’t want to keep getting complaints, why wouldn’t he put his fence at the top of that layer? Because, that I would honestly love,” Wiseman said.

Hart said she speak with Ibrahim about Wiseman’s suggestion.

Councilmember Julie Ray joined the discussion to say her issue was that the procedure outlined in the town’s ordinance was not followed when issuing Ibrahim’s business license. Hart also addressed the ordinance and said she felt as though the council should revisit the ordinance and potentially rescind either certain portions or in its entirety because she believed “some things in there go overboard.”

The discussion was concluded without any concrete resolution when the council adjourned the meeting.

In other business the council:

  • Approved the town’s annual audit and cited no issues.
  • Approved to reaffirm the town is continuing to receive the 2.5 Mil property tax and motor vehicle tax with revenue commissioner Barry Willingham’s office.
  • Provided notice of a public hearing of the upcoming waste water treatment plant project on Wednesday, Oct. 25 at 5:30 p.m. in the Guy Hunt Library.
  • Appointed Katie Martin and Mary Wilson to the local library board.
  • Approved to purchase a $100 advertisement in the 2024 Holly Pond High School band calendar.