HomeMy WebLinkAbout2014 11 20 email CM to Mr. Johnston's attorneyJean Tarbell
From:
Joseph Griffin
Sent:
Thursday, November 20, 2014 9:48 AM
To:
'thestdngerflrm@aol.com'
Cc:
council; Robert Ginsburg; Sally Maio
Subject:
RE: Canal failure
I will include this item on the agenda for 10 Dec 2014.
Joe Griffin
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8200 office
772-581-0149fax
www. citvofsebastian. ora
From: thestrinaerfirm(&aol.com rmailto:thestrinaerfirm(laol.coml
Sent: Wednesday, November 19, 2014 6:06 PM
To: Joseph Griffin
Subject: Fwd: Canal failure
-----Original Message -----
From: thestringerfirm <thestrineerfmnQaol.com>
To: jgriffen <ieriffenCa.citvofsebastian.ore>
Sent: Wed, Nov 19, 2014 6:04 pm
Subject: Canal failure
Tonight you will brief the Council on the situation with the Elkam seawalls. Since this matter will be under
your report, there will, of course, be no public input.
We request the opportunity to address Council on this matter at you next meeting. We do not accept the premise
that those seawalls located on or landward of the property line are conclusively the property of the land owner.
There is a drainage and utility easement over the back and sides of each lot which allows the city to place
drainage improvements in this location. In fact, over the years the city has placed its lateral pipes in exactly the
same easement.
Another factor is regulation. If the landowner is responsible for the seawalls, surely they cannot just do as they
will with them (the city has permits, etc., governing the canals and, thus, the seawalls). Yet, there are no
ordinances, etc., controlling what the landowner can do with the seawalls. Rather being an oversight, I submit
that this was an intentional acknowledgement that the city has control of the seawall.
Additionally, the city has acknowledged that the Elkcam seawall in many places is NOT located on the
adjoining lot. As was discussed during the formulation of a plan for the seawalls north of CR512, it is difficult
to claim ownership of part of a system.
Meanwhile, the situation with Mr. Johnston's seawall is critical and grows worse everyday. We ask that the city
take immediate remedial action to protect the swimming pool from collapsing into the canal while this issue is
hashed -out.
Respectfully,
Rich Stringer