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NEGLEY – A Scotts Mill Road man is having problems with water runoff from a neighbor’s man-made lake and told Middleton Township trustees this week he is willing to sue to have it fixed.
Dave Kissinger, of 7601 Scotts Mill Road, said his property is being washed out from the excess water that is flowing downhill from the neighboring property.
He was not pleased with a recommendation by county Engineer Bert Dawson to berm and seed near his property and have catch basins installed on the other side of the road.
Trustee Nancy Michaels said the plan is to put a small ditch in the area so the water won’t run out on the road as much.
“We are not going to be able to do the work until chip and seal is over, so it won’t be until sometime in August,” she added.
The township has agreed to have 9.4 miles of township roads resurfaced through the county’s annual chip and seal program for a cost of $103,000.
Kissinger said the engineer’s recommendation will result in moving more water onto the road, and pointed out that is it illegal under state law for water to flow onto a roadway.
“The township advisory board tells you that no water should be freely going onto the roadway from another piece of property So we are going to berm it so that it illegally goes onto the road? Why don’t you get rid of the problem before it gets onto the road?” he said.
Kissinger suggested the township grade the area and install an open culvert, but trustees said they wished to adhere to the engineer’s recommendation first.
Not satisfied with that answer, he then calmly informed the board that he has already spoken with the Howells and Baird engineering firm, and is willing to proceed with litigation if necessary.
He also said Howells and Baird suggested creating a detention pond on one side of the road.
“I’m not saying you are refusing to fix it, but you are refusing to fix it to what I think will take care of the problem. It’s still an illegal discharge of water onto a road. It shouldn’t even be on the road at all. I understand that it’s not your problem, so the only thing that I can do is, I have to sue somebody,” he said of both the neighbor and the township.
The lake currently has a 12-inch overflow and there is no emergency spillway on the dam.
“If you’re not going to stop it, I’m going to make it stop. I don’t know what else to do because it’s just literally washing my property away,” Kissinger said.
He also said he is scheduled to meet with the Soil and Water Conservation District next week, since it gave the initial permit for the lake to be constructed.
“If that lake is affecting my property they are responsible because they gave the permit to build the stupid thing,” he explained.
Trustee Greg Lipp said, “I really don’t want to see you go to litigation for any reason. A lot of times no one wins but the attorneys.”
Lipp asked if Kissinger would be able to get video of the water runoff to show exactly where it is flowing.
Kissinger said he would, and then asked if the township could absorb any of the cost of his hiring an engineer on his own to design plans to fix the problem.
Fiscal Officer Bob Chapman said that wouldn’t be possible since there is no dedicated right of way on that road and the township can only work in the right of way.
Lipp said if the erosion on Kissinger’s side eventually undermined the road, at that point the township would be obligated to do something to save the road.
Trustees provided Kissinger with their personal phone numbers and said they would be willing to work with him on the problem.