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County looks at legal options for sewer lines

By TUCKER LYON, T&D Government Writer  Wednesday, October 07, 2009

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Orangeburg County Council moved forward Monday with an ordinance authorizing the county to take legal action to obtain the easements needed to complete the area’s long-awaited sewer project.

“What it amounts to is the right to put a sewer line under the property. It’s not taking anyone’s property,” said Councilman Clyde Livingston, who represents the area. “It’s taking the right to put in a line underground.”

Council held a public hearing and gave second reading to the ordinance authorizing legal action, including condemnation, to obtain the easements. Officials say meetings have been held with neighborhood residents to explain the situation.

Problems stem mostly from complex deeds or the difficulty finding a representative of “heirs property,” when scattered family members own one piece of land, county officials said.

County Administrator Bill Clark explained that the ordinance is necessary so that the latest $1 million phase of the sewer project can proceed without holdups. Federal stimulus money will allow sewage to reach hundreds of homes in the Tyler Road area.

After the session, County Attorney D’Anne Haydel said that 21 easements, representing only a tiny percent of the total, are still needed.

No one spoke during the public hearing.

In other business, council agreed to look into Animal Control complaints raised by a Neeses area woman.

Karen Lindsey said despite her efforts to cooperate, she’s “lost two dogs” and been threatened with $1,000 in fines in a dispute with Animal Control over the last five months.

She urged council to reduce the potential $1,000 fine for a violation of the ordinance to a more manageable $25 and to increase the length of time dog owners would have to reclaim pets from three days to 14 days.

“A lot of people see dogs as family members,” she said.

Councilman Harry Wimberly expressed surprise that a $1,000 fine could be levied.

“Who set these fines? They’re not written,” he said. “We adopted such nonsense?”

As pointed out by Lindsey, the county’s Web site states that “there will be a $15 charge per animal reclaim and a $10 per day boarding charge. Any violation of Orangeburg County animal ordinances may be fined up to $1,025 per violation and/or 30 days in jail.”

Councilman Heyward Livingston, who represents the Neeses area, said, “one of the problems is she hasn’t got a whole lot of cooperation from the county when she called.”

“I’m getting no answers from anybody,” Lindsey said.

Council Chairman Johnnie Wright said, “We are sympathetic to what you’re saying. The (animal control) ordinance is coming up for review and we’ll consider what you’re saying. We can’t settle it all tonight.”

In other business, council:

- Gave first reading to an ordinance transferring a utility right-of-way to the city of Orangeburg. The city needs the utility easement through a portion of Gibson Street that the county is closing for renovations to enhance security at the County Courthouse.

“We’re giving the city of Orangeburg the same authority folks on Edisto Drive will be giving us,” Wimberly said.

- Gave first reading, by title only, to an ordinance repealing the county’s purchasing regulations and replacing them with a procurement ordinance. The change is being made as part of the county’s periodic review of ordinances to more clearly reflect state law.

Wright said the discussion of the procurement issue is ongoing. That is why the ordinance was given first reading by title only, he said.

- After a public hearing, gave second reading to an ordinance authorizing a fee-in-lieu-of-taxes agreement with Koyo Corp.

Under the standard fee-in-lieu-of-taxes inducement agreement, in exchange for its investment, the company will pay a 6 percent assessment ratio rather than the usual 10.5 percent industrial assessment.

Also, the investment will technically be placed in the multi-county industrial park with Dorchester County. Under the state multi-county industrial park incentive, Orangeburg County will receive job credits while Dorchester County will get 1 percent of fees.

In July, the Orangeburg automotive parts manufacturer announced it will invest about $10 million here in a move designed to “preserve existing employment levels” at the plant.

Koyo Corporation USA said it will invest the funds in new equipment and the overhaul of existing grinding and assembly equipment at its U.S. 601 facility. The company employs about 400.

- Received as information, a report from Dr. Eddie Glenn Bryant of the Greater Orangeburg Mayor’s Committee on the Employment of People with Disabilities. She highlighted the committee’s mission and announced upcoming events, including a job fair program for the disabled.

- Proclaimed Oct. 22 as Lights on After School Day in support of after-school programs.

- Heard from Sandra and Shane Middleton, who complained about a nightclub near their County Line Road home.

Council asked the administrator to follow up on the complaint with the sheriff. Also, Councilman Willie B. Owens suggested the county and the Middletons follow up with state regulators to see if the club can be shut down.

- Received as information, a request from William Colter for more law enforcement to fight drugs in the area of Felder and Houser streets, off U.S. Highway 301.

Owens, who represents the area, said he’ll address the issue with the sheriff.

- Received as information, a request from Jeanette Jeffrey that the paving of Dunwoody Road be placed on the list for capital projects penny sales tax money.

- In closed, executive session, discussed an economic development project and received a legal update on a proposed partnership with South Carolina State University for a center for global markets.

T&D Government Writer Tucker Lyon can be reached by e-mail at tlyon@timesand

democrat.com or by phone at 803-533-5545.

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