City to Miller: Sinkhole not our problem

Submitted by Suanne Z. Thamm

Reporter - News Analyst

February 19, 2015 5:03 p.m.

Janet Miller challenges the city's claim that it has no responsibility for her problem.

Island, but not city, resident Janet Miller used her three minutes of public input timeand then some at the February 17, 2015 Fernandina Beach City Commission (FBCC) Regular Meeting to ask for an update from the city on progress in resolving her problems with a sinkhole on an adjoining piece of property. She got the report, but it didn’t solve her problem. After considerable research, the city has determined that it is not at fault and accepts no responsibility for Miller’s problem.

City Manager Joe Gerrity reported that he had spoken with Vern Wickline of the St. Johns River Water Management District (SJRWMD) who has also spoken several times with Miller. At no time, Gerrity said, did Wickline make a representation that the poorly engineered drainpipe was the city’s responsibility. Gerrity added that SJRWMD is a regulatory agency, not a permitting agency. Had a permit been issued for a drainpipe in that area, they could follow up with the permitting agency. Wickline stated that SRJWMD has never seen a permit for any type of drainage easement or drainage in that particular area.Miller countered that she had a letter from SJRWMD claiming that it was city responsibility. Both Bach and Gerrity claimed that the letter sent to the city did not say that. Bach referenced a lawsuit that Miller had previously filed in connection with work the county was doing on her property in 1996. Via public records request Bach learned that Miller had settled with the county regarding the same issue. Miller said the suit was with a title company, not the county. Bach said that although the city had annexed the neighboring property, they never took responsibility for county pipes or roads. Bach said that as best she could determine, the county had moved the pipe as part of the settlement from Miller’s property to the neighboring property.

Miller claimed that the SJRWMD had directed its letter to the responsible party, the city. Gerrity said that was not the case and that he had been very specifically informed that this is not the city’s problem. He suggested that Miller needed to get back in touch with Wickline with any questions on that score.

“In other words,” Miller said, “y’all are not going to take responsibility for this.”

Mayor Boner replied, “It’s not our ditch or our drain.”

“But it’s your city property draining through it, right? Like Walmart and Amelia Park,” Miller countered.

Gerrity named several other county roads served by this drain. “But there is clear indication that the county put that pipe in there,” he said.

Miller continued to claim that city property is draining through the faulty drain. Gerrity and Bach clarified that the property is privately owned, not owned by the city.

Miller asked, “So you are telling me this is a county issue now?”

Bach replied, “That’s exactly what we are telling you. … We are not responsible for any of the structures put on your or neighboring properties.”

After some further discussion over homeowners and city insurance, Miller said, “Is the City – County meeting still scheduled for March 19? Maybe I can get it worked out then with both of you in the same room.”

Gerrity said, “Again, I will tell you that from our research there are no easements, there has been no permission granted for anyone to do any work on those parcels.”

After more discussion with the Mayor over permits and easements, Miller asked, “Then should I go after the neighbor? Is it his responsibility to fix it?” Boner said, “That’s not a question we can answer.”

In a previous article on this topic it was erroneously reported that Miller, who lives at 1745 Pheasant Lane, was a city resident. She resides in Nassau County, but the neighboring, privately owned property is located in the city.

Aerial view showing Miller property outlined in blue and city border in yellow.