City and county meetings recap | Oct. 3, 2024

County To suspend service for nonpaying citizens for trash pickup

BY HANNAH GOLDFINGER
FOR THE OBSERVER

LEE COUNTY — The Lee County Commission met Monday night and discussed an issue that is a hot topic for many citizens — trash pickup.
Lee County has had a contract with Arrow Disposal for curbside pickup. As of earlier this month, Arrow was acquired by Meridian Waste.
The issue in place, however, is that many citizens have been unhappy with the contract. Before the Arrow contract, citizens took trash to dumping sites around the county. Because of the discontent, many citizens haven’t paid the bills associated with the contract to their homes.
Monday night, the commission discussed its policy — Lee County Commission Guidelines for Residential Garbage Fees, which was adopted in May 2024 — for what to do when those bills are unpaid, which includes no longer serving the house in question and removing the bin. The policy has not included a section on rules and regulations for stopping serving, up until Monday night’s discussion.
Many citizens were concerned that the commission would be pursuing civil litigation against individual citizens.
“You’re threatening civil action against people that are having their tax payers pay for Arrow Disposal … now, when they are charged and then there’s civil action, if they do not come to that designated time, date for there courtroom, then there will be a warrant issued for their arrest,” said one resident, Lance Farrar. “Then it turns into criminal action for a contract they never signed for. Arrow was signed with the county commission.”
The commission confirmed Monday night that this is not the case. Although the policy had a section in place discussing civil action, the commissioners asked for this section to be removed.
Most commissioners expressed concern.
“I’m not interested in suing a citizen of the county,” said District 2 Commissioner Ross Morris.
County Attorney Stan Martin is in the process of removing and rewriting and it will be represented to the commission at the next meeting.
The policy states that bins will be picked up beginning Oct. 7 for delinquent accounts.

Other Business:

• The commission heard the second reading and approved a vacancy on the Beulah Utilities Board.
• The commission heard the second reading and approved a vacancy on the Horseshoe Bend Regional Library Board.
• The commission heard the second reading and approved a vacancy on the Lee County Recreation Board (D4).
• The commission heard the second reading and approved five vacancies on the Lee County Cemetery Preservation Commission.
• The commission approved a new policy for delivery methods for the commissioner’s Lee County Commission packets.
• The commission approved the client consent for Registered Investment Advisor Unification.
• The commission heard from citizen Lakeisha Young Hicks on issues with broadband int he county.
• The commission approved the county attorney to look into issues with driveways in Oliver Trails.
• The commission amended the County Personnel Policy 5.1.3 (C)(4) re Evaluations.
• The commission approved an educational reimbursement request for the Lee County Sheriff’s Office.
• The commission approved the list of insolvents to the business licensing agencies per Act 2021-515.
• The commission approved a federal aid agreement for resurfacing Lee Road 212.
• The commission approved the pavement preservation project agreement for Lee Road 159.
• The commission approved a speed limit reduction for Lee Road 120.
• The commission tabled the final plat approval for the Porter’s Place Subdivision.
• The commission approved the FY 2025 Lee County Highway Department annual maintenance bids.
• The commission waived the building permit fee for the Smiths Station Community Safe Room.
• The commission approved the Justice Center Courtroom Renovation project/change order.
• The commission approved funding for the Justice Center Courtroom renovation project.
• The commission approved the ARPA Revenue Replacement Allocation/Alternative Sentencing Board.
• The commission approved the Open Records Request Policy and Resolution.
• The commission adopted the FY2025 operational budget.
• The commission scheduled the FY2025 capital and appropriations work sessions.

Opelika council suspends hotel license

BY MICHELLE KEY | PUBLISHER

OPELIKA — The fate of the Springwood Hotel was on the agenda for Tuesday night’s Opelika City Council meeting. There was a public hearing for the demolition of the hotel as well as a resolution to revoke the owner’s business license.
The hotel was the subject of a nearly four hour long due process hearing held on Sept. 3. Following the hearing, the council voted to table the motion to revoke the business license until the Oct. 1 meeting. Less than one week later, the state fire marshal’s office out of Montgomery, instructed the hotel’s management to evacuate the property. Local nonprofit organizations, the Opelika Police Department (OPD) and individuals have been assisting the residents of the hotel that were displaced since that time.
Hotel owner Pravinbhai M. Patel attended Tuesday’s council meeting with attorney Allen Sheehan from Capell & Howard P.C. in Opelika.
According to Sheehan, the building was inspected by Gordon L. Davis PE, a structural engineering firm based out of Montgomery.
During the public hearing Sheehan read the following statement from the engineering report:
“It is my opinion that no modifications or repairs to the primary structural components of this facility are necessary. It is my opinion that the framing members are functioning as should have been intended at the time of the design of this facility. It is my opinion that this structural is in a safe condition. It is also my opinion that some minor functional deficiencies exist due the deterioration of wall coverings and floor coverings. It is my opinion that this deterioration does not affect the satisfactory performance of this construction.”
In response to the statements by Sheehan, City Building Inspector Jeff Kappelman explained the specifics provided by the building codes pertaining to the resolution to demolish the building.
“We’re using the 2015 building codes,” he said. “Under Property Maintenance Codes, Section 108.1.1 – Unsafe Structures [It reads] ‘When a structure or equipment is found by the code official to be unsafe, or when a structure is unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.’
“Now the checklist comes from Section 108.1.5 – Dangerous Structure or premises: ‘For the purpose of this code, any structure or premises that has any or all of the conditions of defects described below shall be considered dangerous.’
“I don’t have any architect plans.” Kappelman said. “No permits have been issued, the plumbing and electrical have not been addressed; smoke detectors were not found when I went there, I looked inside the buildings, the smoke barriers were completely gone, no fire stops or smoke partitions. This has not be obtained.”
After two motions to modify the resolution, the council ultimately voted to suspend rather than revoke the business license contingent on repairs being made and passing comprehensive city of Opelika building and fire inspections. The council also voted to remove the resolution for the demolition of the building from the agenda.
Ward Two Council Member Erica Norris voiced her concerns about how the matter has been handled.
“I still have some concerns about how this was conducted on the behalf of the city” she said. “I do not believe that we were fair in our dealings; I am not, not holding BRP Hospitality LLC responsible because they do have a lot of work that needs to be done over there.”
Norris mentioned that she had not received additional information that had been requested from various city officials.
“I am completely distrusting of this process,” she said.
When asked how he felt about the decision, Patel said that he “is positive about it and is confident everything will get resolved.”

IN OTHER BUSINESS

• The council approved a request for a Restaurant Retail Liquor and Retail Beer on Premise alcohol License for Luv Zone LLC doing business as Luv Zone.
• The council approved a request for a downtown street closure from Red Clay Brewing for a bike night event on Oct. 17.
• The council approved expense reports from various departments.
• The council approved a resolution to designate city personal property surplus and authorize the disposal of said property.
• The council approved the purchase of ammunition in the amount of $54,572, for the OPD.
• The council approved the purchase of a three-year service agreement with Motorola Solutions Inc. for a combined amount of a little more than $162,000.
• The council approved a $132,000 contract with Samsara IoT Data Services for Public Safety for the IT Department. The contract will renew annually.
• The council approved a three-year maintenance contract with Cisco Meraki for the IT Department for a total amount of $313,576.
• The council approved a three-year service agreement with Microsoft for the IT Department for a combined amount of $694,184.
• The council approved a professional services agreement with Barrett-Simpson Inc. for the East Side Sanitary Sewer Studies for the Public Works Department.
• The council approved a fireworks permit and display at First Baptist Church Opelika for its Fall Festival to be held Oct. 27.
• The council held a public hearing for the demolition of property located at 1002 Columbus Parkway
• The council approved a resolution approving the demolition cost assessment in the amount of $7,620 for property located at 1300 Spring Drive.
• The council approved an annual appropriation contract for $250,000 for fiscal year 2025 with Habitat for Humanity. Funds are to be used to construct three homes over the next year.
• The council approved an annual appropriation contract for $150,000 for fiscal year 2025 with the Opelika Chamber of Commerce.
• The council approved an special appropriation of $1,000 for the East Alabama Community Ballet for 2024 Nutcracker Performance.
• An ordinance to amend the City Code of Ordinances for a speed limit change on Society Hill Road was introduced for its first reading. The City’s Engineering Department recommends that the speed limit be reduced on the portion of Society Hill Road from the southern city limits of Auburn to Williamson Avenue from 45 miles per hour to 35 miles per hour for all vehicles.
• The council held a public hearing for an ordinance to amend the master plan for The Ball Fields planned unit development (PUD) located at Pepperell Parkway and North 30th Street. The amendment would be for a change from 32 townhomes to 64 apartments. The ordinance was later introduced for its first reading.
• The council held a public hearing for an ordinance to amend the Zoning Ordinance and Map to rezone 5.7 acres of land in the 3900 block of Waverly Parkway from M-2 to C-2. The ordinance was later introduced for its first reading.
• Jacob A. Walker, III was appointed by Mayor Gary Fuller to the Opelika Housing Authority for a new term ending Oct. 18, 2029.
• The council voted to reappoint Auzzie Comer and Tim Moore to the Board of Adjustments & Appeals (New Construction) for new terms that will expire Oct. 1, 2028.
• The council voted to reappoint Dick Moreman Jr. to the Lee County Youth Development Center Board for a new term that will expire Oct. 1, 2028.

Auburn City Council approves $18.2 million construction of Boykin-Donahue Project

BY ANITA STIEFEL | THE OBSERVER

AUBURN — At its regularly scheduled meeting on Oct. 1, the Auburn City Council approved a contract for $18,234,000 plus a 10% contingency fund with W.W. Compton Contractor LLC for construction of the Boykin-Donahue Campus Project and Cultural Center.
Council member Connie Fitch-Taylor announced there will be a Ward 1 community meeting on Oct. 7 from 6 to 8 p.m. at the Boykin Center.
The council voted 8-1 to authorize temporary street closing and temporary beverage licensing for a special event, AU’s Tipoff at Toomer’s, which will take place on Oct. 17. Ward 8 council member Tommy Dawson opposed the motion, citing public safety concerns, including fatigue of Auburn police officers following five straight AU home football games. as well as security issues associated with having large out-of-town crowds at a free open-air concert.
The council approved a contract for $635,587.86. with C Spire Business for enterprise storage expansion
The council approved the purchase of property located at 406. N. Donahue Drive from Morningview Properties LLC for the Boykin-Donahue Project at a cost of $15,233.
The council voted 8-1 to approve purchase of two 2024 Dodge Ram 1500 Quad Cab 4×4 trucks from Stivers Chrysler Doge Jeep Ram at a cost of $93,564.20 to be used by the Water Resource Management Department, as well as purchase of one 2024 Ford F150 4×4 pickup truck from Stivers Ford Lincoln at a cost of $52,496 to be used by the Public Safety Department. Ward 2 council member Kelley Griswold voted against the purchases, saying he thinks should “made do” with the equipment currently on hand.
The council passed resolutions to purchase for the Environmental Services Department one 2025 Peterbilt 520 Chassis with Wittke Superduty 40‐yard front loader and dual cart tipper from Environmental Products Group Inc. at a cost of $409,925.41 and three 2025 Kenworth L770 New Way Sidewinder XTR 31‐yard Automated Side Loading Refuse Collection Body trucks from Sansom Equipment Co. at a cost of $1,256,127.
The council approved the following easements:

• The Bottle Land Investment LLC. Accept public rights‐of‐way, public utility easements and sewer easements. Northgate Subdivision, Phase II, A Redivision of Lot A‐2‐A‐1 and Lot A‐2‐B of Earnest Subdivision. Property located at the southern terminus of Bottle Way, west of North College Street.
• First Presbyterian Church. Accept permanent sidewalk, lighting, drainage and utility easement for the property located at 143 E. Thach Avenue. Gay Street Streetscape Project.
• Clayton Properties Group Inc. Auburn City Board of Education. Accept various public right‐of‐way and various public easements. Woodward Oaks, Phase 5 (FP‐2024‐018). Property located southwest of the Farmville Road and Miracle Road/Lee Road 83 intersection, in the Woodward Oaks Planned Development District.
  As recommended by the planning commission, the council approved the annexation of approximately 5.21 acres located at 812 Lee Road 415 (Winterhawk Drive) and approximately 3.7 acres located at 261 Lee Road 415 (Winterhawk Drive).
  The council announced two vacancies on the Parks and Recreation Advisory Board for terms beginning Dec. 1 and ending Nov. 30, 2028. Appointments will be made at the council’s Nov. 5 meeting.
  The next regularly scheduled meeting of the Auburn City Council is set for Tuesday, Oct. 15.