The Bladenboro Town Board met on Monday night and once again took up the matter of cleaning ditches.
Town Attorney Alan Maynard gave the board his opinion regarding the town’s responsibility for maintaining the ditches.
“John (O’Daniel) and I first started looking at this issue awhile ago,” said Maynard.
He told the board he has reviewed the easements for town streets and there was not much guidance in the easements. Maynard said that he then reviewed the North Carolina General Statutes but there was not a lot of guidance there either.
Maynard said after reviewing the case law there were lessons to be learned. Maynard said that based on case law the town has no responsibility for maintaining ditches and the town has no liability for injuries that occur from ditches that are not properly maintained.
“My advice is the town not take on role maintaining ditches,” said Maynard.
Councilman Billy Ray Benson asked if Maynard was telling the board that the town should not maintain the ditches as they were when Tater Shaw worked with the town.
Maynard replied that the Ditches that are on private property are not the town’s responsibility unless it affects a town street or is a safety issue.
Benson said that when he brought up the issue he was hoping to see ditches that are not flowing be opened up so the water can flow.
“My advice would be the town is not to be responsible for cleaning ditches because you are then responsible for any liability (afterwards),” said Maynard.
Councilman Jeff Atkinson asked, “If the water comes into the street and we clean the ditch are responsible for it from then on?”
“No because you are mitigating a hazard,” replied Maynard.
After further discussion
Town Administrator John O’Danielm said that on Grief Street the problem is not the ditches. O’Daniel said the property is higher than the roadway.
Benson made motion that town staff take a back hoe and go to Marlene Hammond’s house and clean out the ditch where the water will drain.
Councilman Sarah Jane Benson said she was Curious and wanted to know if it will be legal to clean the ditch at Hammond’s home because the water does stand in the road at that location.
Maynard replied that the town would be abating a hazardous situation if the water is standing in the road.
The board approved the cleaning of the ditch near Hammond’s home.
In other business:
*The board approved a resolution and memorandum for an economic development effort that will be a joint effort with the board, business leaders and others to try to revitalize Bladenboro.
* The board scheduled a public hearing for February 13 for a proposed change to the town ordinances regarding outdoor storage. O Daniel clarified for the board that businesses are to be allowed up to 90 days for outdoor storage of vehicles and other items and after 90 days the item must be stored behind an opaque fence.
*Councilman Benson asked O’Daniel about the status on the use of prisoners by the town.
O Daniel replied he was trying to get information so the board can make an informed decision.
*The board also held a closed session for personnel after which they voted to hire Winfort Nichols for the position of police officer.
*Councilman Benson also requested the board schedule a workshop to review the town’s salary and step grade system. The board continued the meeting to January 30.
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