City will help repair duck pond

Dozer operator Don Taylor, who was paid by Roger Williams, works on the Fairfield Pike 'duck pond,' on June 4. Shelbyville City Council will contribute equipment and labor to repair a leak in the pond's dam. (T-G Photo by David Melson) [Order this photo]

Shelbyville's public works department will be contributing equipment and labor to repair a leak in a dam at the "duck pond" on Fairfield Pike after the city council approved lending the landowners a hand.

But some are afraid that giving this assistance may set a precedent and open up a legal can of worms for the city.

The owners of the pond, Roger and Paralee Williams, have insisted that the city of Shelbyville is liable for part of the costs, while City Manager Ed Craig says the city can't legally work on private property because it doesn't own the pond.

But council member Lee Roy Cunningham raised the issue at Thursday's meeting, saying that the city should lend a hand to the Williams family.

Cunningham said it was his understanding the city repaired the dam years ago and that it was within the city's right of way.

Planning and codes director Kip Green told the council there is a 50-foot right of way from the center of Fairfield Pike -- 25 feet on each side.

Cunningham also stated that the pond is not only a area for fish and ducks, but is also a detention pond for storm water run-off.

"All he's (Roger Williams) asking is for the city to help repair the leak in the dam," councilman Thomas Landers said. "He's doing all the digging out."

Craig said he enjoys the duck pond as much as many others in Shelbyville do, but stressed that the pond and the dam is on private property.

"If part of it intrudes into the right-of-way, it doesn't make it ours, it still belongs to the owner of the property," Craig said, adding that he and public works director Mark Clanton are constantly having issues with citizens that want the city to do work with problems on private property.

"There's an expression that lawyers use -- 'hard cases make bad law' -- and this is a hard case because everybody likes the pond," Craig said. Councilman Al Stephenson asked what would happen to the water if Williams decided to fill in the pond. Craig replied that Williams would be required to get a grading permit and would have to prove he is not allowing any more water to go downstream than is going now.

Mayor Wallace Cartwright asked if the council wanted to defer the matter until Clanton could take a look at the situation, but the council continued debate.

Landers asked if the city was responsible for digging the ditch that carries the water to the pond, why aren't they responsible for what happens to the water in the pond.

"This is such a historic site, but we are opening a can of worms if we work on private property," council member Kay Rose said.

The city will be allowing the use of equipment and labor only and Williams will have to pay for the expenses himself.

Rose added an addendum to the motion stating that the city was participating in the repair of the leak "only because this is such an historic site."

After discussion, the council voted unanimously to help the property owners.