Concerns raised over building of junk yard fence

By HALEY HUGHES & APRIL BAILEY
Staff writers

An Aiken County Councilman believes he has the answer to shielding the "unsightly" salvage yard along Highway 1 at the entryway to the City of Aiken, but not everyone is on board with the plan, including several members of Aiken City Council and the salvage yard owner himself.

According to Councilman Scott Singer, the South Carolina Department of Transportation has agreed to design and construct a privacy fence along the roadway to shield B&W Auto & Truck Parts from the view of passing traffic as authorized by S.C. Code 57-27-50. The cost of the fence would be shared equally between the County and the City of Aiken, not to exceed $50,000. However, the proposal was met with concerns by City Council members when Singer presented the idea Monday.

City of Aiken Mayor Fred Cavanaugh voiced concerns of committing tax dollars for a fence, which he says may not be a solution to a problem Cavanaugh says the City has worked to solve for years.

"What's to keep him from moving those vehicles so they are still on the highway, but behind them there is a fence; big deal," he said.

Councilwoman Jane Vaughters agreed and suggested that the City and County work to get state legislators involved.

"What if he puts the cars on the other side of the fence? I don't see what we can do to keep the cars behind the fence it the state won't enforce it," she said.

The owner of the salvage yard, PeeWee Willing, is holding firm, saying he will continue to operate his business, despite what local governments do.

"Tell them to put (the fence) up," he said Monday. "It is a waste of taxpayer's money."

City Councilman Don Wells said he was not certain that a fence was the best option to cover the salvage yard. "Frankly, I have never seen a screening fence that I like to look at either," he said.

County Council approved by majority a resolution laying out this agreement last Tuesday after they came out of executive session. Media was not present. Councilmen Charles Barton and Gary Bunker voted in opposition. Council members LaWana McKenzie, Kathy Rawls and Chuck Smith were absent.

Singer said he learned of the SCDOT news after County Attorney Jim Holly spoke with the department. He also said the S.C. code will supercede a 1986 court order between the department and Willing.

"(Also) the proprietor will be prohibited from parking vehicles in front of the screen or face a $100 per vehicle, per day fine," Singer said.

Holly attended the City Council meeting with Singer Monday. Holly said the proposal could result in more rigorous enforcement from state officials. "I cannot guarantee to the County or the City that there will be a specific result, but it is an important first step in dealing with the overall issue," he said.

The salvage yard takes up approximately 18 acres on either side of the highway, the majority of which is occupied by large used trucks, buses and cars for sale. Willing sells some of the vehicles - most of which he purchases from the government - but the others are used only for their parts.

The 1986 court order noted that both parties agreed that neither "junk vehicles" or "junk equipment" would be parked on SCDOT's right-of-way for any extended period of time. It read "junk vehicles" could be parked on the right-of-way for a "reasonably brief period of time."

Neither "extended period of time" or "reasonably brief period of time" are defined anywhere in the order. This appears to leave a wide berth for interpretation.

The S.C. Code which Singer said will now be enforced basically says any junkyard within 1,000 feet of a highway shall be screened so it is not visible from highways. "After a junkyard has been screened by the department, no junkyard owner or operator shall permit the placement of junk so that it may be seen above or beyond the screen, or otherwise become visible."

Councilman Bunker said he questioned the potential of enforcement of the suggested fines.

"Can they promise the enforceability?" he said. "Why wasn't it enforced before? What about a fence makes it suddenly enforceable? It's one of the most ridiculous things I've ever heard. I was under the impression that once the trees went up, the law would be enforced."

Cavanaugh said he wants to be sure that the code would be enforced before the City commits any money to the project. "We're in tough economic times. We have to be careful with the money we spend," he said. Before going into an executive session to discuss the legality of the issue, Council members decided to revisit the proposal at the next Council meeting. "We've got to get the answer to these questions without the mention of money," said Cavanaugh.

About seven years ago, the City of Aiken and the County doled out nearly $15,000 to plant and maintain cypress trees at the edge of the south side right-of-way in an effort to screen the Willing's property from passing motorists. The salvage yard is still plainly visible between the trees, and no move was ever made to plant trees on the other side of the highway. Willing also displays vehicles for sale on the highway-side of the trees.

Additionally, Bunker believes the money the County will spend on the fence could be put to better use.

"(Secondly), government at all levels is straining for funds. I believe Aiken County is good, but revenue is down. It is a hard choice between needs and wants," he said.

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