Council delays action on public nuisance

By John Underwood / john@gulfcoastmedia.com
Posted 4/19/18

LOXLEY, Alabama — The Loxley Town Council voted to delay action on a public nuisance at its April 9 meeting after the property owner asked for more time to evict the properties tenants.

The …

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Council delays action on public nuisance

Posted

LOXLEY, Alabama — The Loxley Town Council voted to delay action on a public nuisance at its April 9 meeting after the property owner asked for more time to evict the properties tenants.

The council hosted a public hearing to consider declaring a public nuisance on property located on Ronald Avenue following complaints of junk on the property in violation of the town’s nuisance ordinance.

The council voted unanimously to extend the public hearing until its next meeting May 14 after meeting with the property owner, who said he planned to begin formal eviction proceedings on the property’s tenants that week.

“I’m tired of dealing with it,” he told council members, “but I need time to go in myself and clean up the property. I can’t do that until they vacate the property.”

The property owner said he had filed a letter of intention with the county and had planned to go to the Courthouse to file official paperwork on April 12.

“I have a feeling that this is going to take more than 30 days to clear up,” said attorney Shawn Alves with Stone, Grenade and Crosby, who represents the town in legal matters. “This is problem that has been ignored, but now that the property owner is aware of the problem, I think he genuinely wants to solve it and it the council wishes, you can give him more time to do that.”

Another public hearing will be held May 14, after which the town can pass a resolution declaring the property a public nuisance. The owner would then have 15 days to clean up the property, after which the town would go in and clean up the nuisance, charging the cost to the property owner.

In other business April 9, the council approved road maintenance of Phases 1B and 3 in the Stonebridge subdivision.

Road maintenance for Phase 2 and Phase 4 were approved at the March 12 meeting, but the council tabled maintenance for phases 1A, 1B and Phase 3.

Loxley building inspector Jake Traweek told council members at the March 12 meeting that there were certain things that needed to be worked out before the town could approve maintenance for the other phases.

Officials with Stonebridge met with town officials in January about providing water to the subdivision, presenting plans for the next phases, which are scheduled for construction over the coming months.

The subdivision was part of the former Golden Triangle development, which connects U.S. 31 and Alabama 59. In order to connect the subdivision with existing water lines it would take about a mile and a half of additional water line, officials said at the Monday meeting.

Last June, the council tabled plans for road maintenance after attorney Shawn Alves expressed concerns about the plans, later approving the road maintenance plan in October.

In February, officials said they hope to continue negotiations with another utility company to provide water to the subdivision but those plans had stalled.

At the Jan. 8 meeting, subdivision officials presented a timeline of when they would need water service to the subdivision, stating that the first deadline would need to be June 30.

What followed was a lengthy discussion with town officials countering that once negotiations are complete, it could take up to six to seven months to run the necessary water lines to the property, meaning that it could be July or August before a water system could be in place.

That was followed by a discussion of whether or not a complete water system would need to be in place, or that only enough water would be needed to test the system before beginning road construction in the subdivision.

The council also approved financing of a $1.6 million General Obligation Warrant with United Bank for construction and permanent financing of construction and infrastructure improvements to the town’s water system.

Also on April 9, the council:

•Issued a proclamation recognizing May 19-25 as National Safe Boating Week.

•Recommended the transfer of license for off-premise retail beer and wine sales for Loxley Food Mart to be approved by the state Alcohol Beverage Control Board.

•Approved an ordinance to exempt certain “covered items” from the municipal sales and use tax during the third full weekend of July.

•Approved a resolution requesting the Eastern Shore Metropolitan Planning Organization fund a project to install a traffic signal at the intersection of County Road 68 and Alabama 59. ESMPO has agreed to pay $200,000 of the total $250,000 to install the light. The town will pay the balance.

•Approved a request to install an air conditioning system in the kitchen area of the Loxley Civic Center. Funds donating in 2018 by the Schmeiding Foundation will be used to pay half of the cost, an estimated $3,400, plus $380 to install the unit.

•Tabled consideration of a maintenance proposal from U.S. Tanks. Proposed cost for maintenance on the town’s four water tanks is a total of $48,000 per year for the first three years.

•Approved a 5 percent cost of living raise for town employees.