Lawyer says city can decide bridge's fate

By Shelley Smithssmith@salisburypost.com

More than 50 people wanting the city to save the Shober Bridge attended the Salisbury City Council meeting this past week, some speaking in favor of a rehabilitation, and against a demolition that Norfolk Southern Railroad insists on.

The Historic Salisbury Foundation presented a detailed presentation to the City Council. The largest portion of the presentation came from the foundation's lawyer, who said the railroad has no power over the city's decision to rehabilitate or tear down the bridge.

Robin Currin, the foundation's lawyer, tried to clear up some important legal issues.

The key one she addressed was Norfolk Southern Railroad's position in the city's decision to rehabilitate or build a bridge to handle two or three tracks.

"It is my position that the railroad does not have the ability to stop the city from rehabilitating the bridge," she said. "At the end of the day, the decision is yours."

Other speakers included David Bergstone, who spoke of the bridge's history; Jack Thomson, who presented a rare historical photograph; and engineer David Fischetti, who said the rehabilitation would be feasible.

Bergstone, a historian, presented historical details on the bridge, beginning with its erection in 1857.

In 1865, General George Stoneman crossed the bridge with his Union soldiers, entering Salisbury during the Civil War. But, he said, the city's consultant said the bridge wasn't historically significant.

"In 1993, a consultant was hired by the city, and said the bridge was not historic," Bergstone said. Bergstone noted the bridge was placed on the National Register of Historic Places in 1995 and designated locally in 1997. In 1999, the bridge was placed on the federal register of national historic places.

"This has always been a significant part of the neighborhood," he said. "This is the only overpass that was built over the Western North Carolina Railroad in the area. The bridge can be rehabilitated without losing its (historic) status."

Thomson showed a Salisbury Post photograph from Aug. 29, 1962. It captured one of the most significant historical events in Salisbury, Thomson said, when four children, Richard, Hodge, Ida and Anita Taylor, crossed the bridge with their mother, and became the first black children enrolled in the formerly all-white Frank B. John Elementary School.

"It was five years before the integration of the high school," Thomson said, noting Richard was the first black student to graduate from high school in Rowan County.

"This dramatic image of the historic walk over the bridge documents an event that should not be overlooked, but a cause for celebration," he said.

Fischetti presented the council his 2006 inspection of the bridge, along with photos and plans of rehabilitating it to make it safe for emergency vehicles. Fischetti was hired by the Historic Salisbury Foundation in 2006 in reaction to a city study.

"The abutments appear to be in fairly good condition, and the cross section of the bridge to an engineer makes a lot of sense," he said. "It provides a lot of collateral stability.

"In our opinion, the bridge can be made safe, and can be upgraded and made safe for city services."

Fischetti said he could use resistance drilling, digital radiography and remote visual inspection to determine how much decay is in each timber.

"I would feel very safe in saying that this bridge can be rehabilitated," he said.

Currin, a partner with Raleigh firm Poyner and Spruill, said the Historic Salisbury Foundation has a strong case. Her firm has experience with preservation issues, Thomson said.

Currin claimed that the city's study, done by engineering and consulting firm URS, was incomplete, and that since the bridge was on the National Register of Historic Places, certain guidelines would have to be met before an order to tear it down was made.

"With respect to 4F (in the Federal Department of Transportation Act of 1966), it is my client's position that the 4F determination was not complete in this case," Currin said. The act forces planners to develop projects that preserve historic resources.

"The foundation would pursue all their available legal remedies to make sure they pursue all available options for preserving the bridge," she said.

Currin said there were numerous cases in federal courts where groups like the Historic Salisbury Foundation claim a city did not explore all options to preserve a historic structure, "and they are willing to do so in this case," Currin said.

"It is the national policy pursuant to the U.S. code that specific effort be made to protect historic sites and buildings," she said. "The URS study tries to come upon a sufficiency and load rating. Mr. Fischetti's plan showed you would be able to meet these ratings.

"We also believe there are other ones that could be a sort of mix with the URS study and Mr. Fischetti's study.

"This rehabilitation can be done in accordance with sound engineering principles."

Salisbury Mayor Susan Kluttz thanked the Historic Salisbury Foundation for its "excellent, precise presentation," and said it was exciting to see the support from the community.

Kluttz reflected on her time in elementary school at Frank B. John, remembering that the bridge was her way home. She also spoke about moving back to Ellis Street as an adult, "strolling my babies over the bridge to the neighborhood grocery store."

"Please understand that we as a council all understand the historic significance of this," she said. "But we also are unable to make a commitment to you.

"This bridge is not a building, it's part of our transportation system in the city. We have a responsibility to our citizens that it's safe, and fire and ambulances are able to reach them safely."

Kluttz promised the council will make "the very best decision" the members can, and she said the bridge committee will look at each possibility before reporting back to the council. She also noted that the city was waiting to hear back from the railroad to begin any decision making.

James Carli, a civil engineer and resident of Salisbury for the past 30 years, addressed the council during the public hearing.

"I've had the opportunity as a civil engineer to go over the proposal from Jeffrey Koontz from URS, and hear David Fischetti's today," he said. "Between the two proposals we have, we can rehabilitate the bridge and make it safe for emergency vehicles."

He also said the city has poorly maintained the bridge over the years, and inconvenienced residents during the bridge's repairs for too long.

"I've seen untreated lumber used for repair of the railings," he said, noting that the bridge was originally painted white, and has not been white in the 30 years he's lived in Salisbury.

"We shut this down in December for six months and put it back in business in five days," he said. "I think it's ridiculous."

After Tuesday's meeting, Thomson said the foundation had two major points for rehabbing the bridge: the bridge's history and the legal issues.

"Stoneman entering the city, that in and of itself is reason for further investigation," he said. "This bridge is one of Salisbury's most historic sites, and the 1962 photo documents that history.

"As this issue with the bridge gets flushed out even more, it seems to become more and more about the people. It's a physical connection.

"The history of the bridge should not be minimized, and we feel it has been downplayed by some."

The legal aspects, Thomson said, revolve around the protections that the bridge is afforded.

"And the fact that the city is in the driver's seat has to be emphasized," he said. "In retaining Poyner and Spruill, we recognize there are legal issues that can work toward preserving the resource. If there are feasible and prudent alternatives (to tearing down the bridge), then they've (the city) got to follow it."

Thomson said the most beneficial piece to hiring the firm was that it proved the railroad had no ultimate say in the future of the bridge.

"So," Thomson said, "let's move on, rehabilitate this historical resource, make it safe, and let's save its history. It's obvious that there's public support."