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Resident raises safety concerns about collapsed storm drain pipe in Poinsettia; council and staff discuss policy and possible grant steps

2833360 · January 28, 2025
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Summary

A Poinsettia resident warned council that a failing concrete storm drain pipe on or near his property has created sinkholes and safety risks, prompting a wider discussion about city policy, recorded easements and grant options.

Jordan Dodson, a Simpsonville resident, told the council during public comment that a concrete storm drain pipe running near his Poinsettia property is separating and creating sinkholes.

“...it's imperative to the city streets that either I fix it or you guys fix it,” Dodson said, adding the pipe sits about “20 to 30 feet from the road” and is “probably at least 40, 50 years old.” He described elderly neighbors nearby and said the site poses safety risks for his household, including an expected infant later this year.

City staff confirmed they have inspected Dodson’s property and others with similar issues. Director West (Public Works) explained the city’s longstanding policy: the city will repair storm drainage structures only when they lie within a recorded city right-of-way or a documented city easement. If a pipe is outside a recorded city right-of-way — even if it physically connects to city drainage infrastructure — it is treated as private property and the city does not perform repairs under current policy.

City Administrator Diana Gracely told council the city is pursuing both immediate repair projects tied to FEMA reimbursement (for storm damage caused by the recent hurricane) and longer-term funding sources to study and address recurring problems. She said staff has applied for the federal BRIC (Building Resilient Infrastructure and Communities) grant to fund a citywide stormwater study that would focus on major basins — Durban Creek and Rocky Creek — and could identify work to reduce repeated neighborhood damage. The administrator also said the city will apply to FEMA’s Section 404 program for specific culvert repairs at South Almond and Bonwood as needed.

Council members underscored the dilemma: once the city performs repairs on easements off private yards it may create expectations to do the same elsewhere, and obtaining recorded easements from many property owners would be time-consuming and costly. Council member Pinkerton said some of the fixes are not technically complex or expensive but noted the legal and financial steps needed for the city to take ownership of off-road drainage infrastructure.

Staff said practical next steps include: (1) continuing to document damage and match eligible repairs to FEMA public-assistance reimbursement, (2) seeking BRIC funds to conduct a citywide stormwater study, and (3) incorporating identified work into design and construction bids where funding allows. Staff promised to share engineering reports and basin studies with council as they become available.

Why it matters

The discussion clarifies the limits of municipal responsibility for storm infrastructure in older neighborhoods where drainage lines may predate modern easement practice. For residents with failing drain pipes on private parcels, remedy options are legally and financially constrained unless the owners agree to recorded easements or the city secures external grant funding.

What the city said it will do next

- Continue FEMA public-assistance submissions for storm damage that meets the federal criteria. Staff expects to work with the consultant recommended for FEMA assistance (ICF) to document and submit eligible reimbursements.

- Pursue a BRIC grant to fund a broader stormwater study focused on Durban Creek and Rocky Creek basins; council previously budgeted stormwater local match funds for this purpose.

- Share limited stormwater engineering reports and resurfacing/culvert study results with council when completed.

Source quotes

“It's imperative to the city streets that either I fix it or you guys fix it,” — Jordan Dodson, Poinsettia resident.

Staff clarification

Director West: city will repair drainage structures only where a city-recorded right-of-way or easement exists; otherwise the work is private property.

City Administrator Diana Gracely: staff is preparing BRIC and FEMA applications and will provide engineering reports and follow-up materials to council.