1/7/14 Belfast Me City Council Meeting- Click link and hit open to the public- I am only speaker- 3 minutes of telling City Council, City Manager, City Planner of their evil drowning to Seaview Terrace. All water through my yard illegal and deadly. Hand drawn map covers miles of forcing to my private property.
1/14/14 Belfast City Council Corruption meeting click on open to the public- I am the only speaker for 3 minutes. http://belfastme.swagit.com/play/01142014-1064/#5
In this meeting I ask for the firing of City Manager- Joe Slocum and City Planner- Wayne Marshall. I also raise concern that now the City Clerk's office seems to also have been told not to help me. City Hall dismissed my complaints that I had not received emails since signing up in 2011. Two years I was late because I did not mark it on my calendar since I would be getting an email. I got a ticket the 2nd year, and am contesting it. City Hall is refusing to put in writing that I did not receive the email, claiming they can't prove if I got it or not. Oh come on. City Manager. See nonsense letter above from City Clerk, Denise Beckett and stupid relating emails (tab says City claims can't confirm or deny...). I am sure that Joe Slocum wrote that letter and Denise needs her job.
1/21/14 http://belfastme.swagit.com/play/01212014-1676/#9 Belfast, Maine City Council Meeting. My 30th? meeting pleading infrastructure flooding corruption. I speak at open to the public- click 6 1 minute in 2nd speaker. It seems the 3 minute rule doesn't hold if "important", good for business, public is speaking. I get the gavel, Mayor Ash watching that clock for 3 minutes. I am limited in presentation.
The 28.29 acre site with extreme impervious ground (previously all "DEP wetlands", and dirty dealings by DEP and Commish. Aho closing investigation) at the Captain Albert Stevens School 2006 is the corrupt flooding final straw to the flood zone, flood plain of Seaview Terrace, approx. 2 miles away. All the City storm water (and it is massive see my hand drawn map way below- City Manager, City Planner and Director of public works tell me they do not have any drainage maps, do not have City work orders for heavy equipment use, do not do work on private property, on and on with no, no, no... But they will look, charge me by the hour to look in many buildings and want an upfront huge deposit for research for information that they may not find) that is forced to Seaview Terrace is illegal. Over 12 sites, 2 miles of highway, north and south, miles of runoff ditched, culverts, all forcing to Seaview Terrace where the City relinquishes responsibility.
We are not a natural outlet,(although that is what they tried to claim because they are in violation of local storm water ordinance ), it is a man-made drainage ditch(As confirmed by in the with held 1987 City Engineers report specific to my property and original owner, Dr. Caswell for the beginning of the forced flooding), private property,they have no rights of ways, no easements and are slaughtering us. Additionally they illegally (and are with holding that actual zoning conditions that Chief McFadden saw proving violations) allow all sites to stock pile snow all season to melt to us, which almost wiped us off the map in 2009 and 2011. I was just sold this undisclosed hell in 2010 paying cash. See www.belfastbullies2.blogspot.com for streamlined City corruption to Seaview Terrace and other residents- the many City Council meetings I have indexed in the above tabs are proof as well. Also, albums of corruption with Realtor (Bill Ingersoll, Sam Mitchell, Earl Black (owner) and Maine Board of Realtors investigation corrupt dismissal) Maine is the 4th most corrupt state in the U.S. as of 2012.
BH&G now Masiello Group Realtors of High St., Belfast saw this domestic survivor mom and children coming, and at the end, crawling from NJ, relocating to safety and to heal and begin again in privacy. Staying under all radar and conflicts imperative to safety and health. Staying on point to the T- no mistakes, this is our only chance.
Belfast City Hall has ripped us from our basic rights and stability, sending us right back into a vortex of deception, corruption and community alienation. Of the many corruptions, I am currently focusing on the Captain Albert Stevens School (CASS) site conception plans. The plan documented in 2002, the site conditions were not met, the permit should have been denied, The school opened in 2005-06. Then in 2006, in the lower parcel, the old Robertson School which since 2002 was to be demolished and turned into a huge ground absorbing athletic field was slated. The school would remain, and more corruption, more impervious ground, more illegal runoff to the watershed residents. Shady deals were made to some protesting abutters. Travelling down the water shed, Cedar Street residents suddenly got "sheets of water" per City Council, Mike Hurley, flooding their homes. Never to this magnitude in the past. Cedar Street residents would unite and lose at City Hall. City Hall claiming mother nature. Each resident spending thousands in sump pumps, some with no where to drain. Forced to illegally tie into City sewage lines. Similar to Seaview Terrace, and certainly many more, where the City holds that over their heads, forcing them into silence. Clemency for all abused residents from City Hall corruption.
Further down and across, Wight Street residents are getting wiped out. The path coming from CASS, is forced to Wight St where the then Chairman of the Planning Board, Roger Pickering lives. Dealings? He used the mother nature rule as well and his house is right in the path. Wight St. received drainage work and DOUBLE culverts (Bob Whitely, Tax Assessor said these were new- they were not always there) right at Roger's house to send it over to SEAVIEW TERRACE via Mid Coast Mental Health with their forced channels to us. On the lower half of Wight St. is yet another trench to take more storm water behind the WCGH Annex direct to my back yard on SEAVIEW TERRACE. Wight St is the direct path to the City Park storm water drainage ravine into the bay.
Way back in 8/2011, 3 months into emails after emails to the City Council and Mayor for an investigation, Mayor Ash (owner of East Garage and closest AAA provider) came to my house for a dead battery. I cornered him into viewing the destruction. He had said they could get some rocks to stop my fence from falling in.False hope, he never did . I asked why roadside drainage and sewers under the road were not present. He said because it would take out the road. To which I responded "So you take out the residents property instead?" From there on in, he refused my emergency AAA calls, one where my SUV slid on ice and was hanging over the bank to the bay, waiting for a far away tow truck that never came, we were freezing. Another making my son several hours late for school for a simple dead battery. Very sad and scary.
It is cheaper to send to it SEAVIEW, and deny. Destroy them and the documents. But they were not counting on my persistence and courage to endure such tactics. Guess I should thank my ex and alcoholic siblings for the training. Sick karma that taught me the value of integrity and my path.
The school (CASS) storm runoff was never approved to flow to the watershed residents ( encompassing 1 mile wide 2 miles down). My property's dry small 1 ft high 2 ft wide ditch turned into wild, torrent, rapids for a week in my first spring, 3/2011. Weeks later, it was 4-5 ft deep and close to 12 ft wide. Over 1/4 of my property was ripped away with it - video in the City Council meetings tab. City Hall doors slammed shut on my fingers. The cover up began, water does not lie, City Hall does. I began following the water and asking for maps and development plans in 4/2011. All proving public documents with held, manipulated, or not existing. The sickest tactic City Hall uses is that they have given me the documents, will give them to me again but that I am too stupid to read them. Yet, they refuse to allow an independent official to validate that the true documents were given.
The CASS file had ALL stormwater documents removed prior to my "appointed" viewing- and I mean all. I spent 4 hours under Planning supervision going through every paper in the over flowing huge files, at least 4. My daughter was ill, and with me. She laid her head on the lower counter where City Planner, Wayne Marshall would slam the half door trying to disturb her and anger me. The viewing conditions there were crammed, intense and difficult. A local contractor had come in while I was there and I knew him from my childhood in neighboring Bayside, Maine.. XXX XXXXX said this was bad. He had read about me in the paper. He also needs Planning cooperation for his business. Like many in town. I saw the sadness in his eyes telling me he could not help me. No words, needed, I understood. I was on my own against the thugs.
I found one 10 page document from WBRC engineers, stating the runoff was to go to the bay via Miller St (the approved route all hidden from me) I asked for a copy of this one document, and was told to come back the next day for it, but call first to tell them exactly when I was coming. I came the next day but did not alert City Planner, Wayne Marshall. I only got 9 pages of the 10 page document. The page stating storm water to flow to Miller St was NOT copied. (Later I called WBRC and they refused to give me a copy of the document).
City Hall did not know when I was coming in to get the copies. City Planner Wayne Marshall was not hovering, was not even in the office. I asked the administrative assistant, Marie Stalworth to let me see that original document. She could not find it. I asked her to let me see the files again. That document was now missing from the file but A BONANZA of storm water documents were back in the files. The 28 acre site was wetlands- found were Army Corp, DEP, residents concerns, engineers reports, emails, a slew of other with held documents. I had to work fast before Wayne came back. I quickly pulled some damning documents and asked for copies on the spot.
At this point I was crying and shaken at the sheer corruption and evil treatments from Wayne Marshall, Joe Slocum, City Council Mike Hurley, Zoning and Code Officer Tod Rosenburg. The knowing of the torture to silence me, that laid ahead to save my home, my only asset, recently unemployed, no savings, and now forced to shell out 2k in undisclosed flood insurance, was frightening, would this break me? This was my time to heal and nurture my children with full attention and stability.
Administrative assistant, Marie could not refuse me. For the City to do this to employees and residents beholding to them is disgust in the lowest form. I see it in all their eyes, there are many more. Who would think that 3 years later, I am still begging for infrastructure as City Hall takes the 5th and City Manager-Joe Slocum, and City Planner- Wayne Marshall shoot me over and over. City Council refused to investigate, aided and abetted in the deception and slander. In fact, City Council called me in as a threat to the Chief of Police. Then, the City Attorney would step in with sending intimidating letters, telling me not to come to meetings to speak, stating that City officials have been instructed not to respond to me, trying to force me into a legal battle, stating I must get legal counsel to speak for me, and that I was harassing them, see www.belfastbullies3. blogspot.com for his letters. He said as City Officials they have a decorum to maintain...
One of the documents I took was the Captain Albert Stevens School (or Belfast Elementary School) Site Plan & Use Permit Adopted Conditions of Approval, Final Approval of November 20, 2002 & Amendment #1 to Approval of January 15, 2003 Amendnment #2 to Approval of April 9, 2003.
#11 Addresses storm water analysis study implementation to the water shed residents, and engineers report and follow up after completion, and upgrades to Miller St to take all site runoff to the bay. Since 2011, I had asked for the reports and finding for these and was ignored. Flat out ignored and City Council and City Hall took the 5th ordered by the City Attorney, Bill Kelly. I'm holding the certified receipt of the request signed by Joe Slocum. I sent the requests, over and over for 3 years, relating the same in 20 meetings. Maine Freedom Of Information Attorney General's office, Brenda Kielty was useless. In 12/2013, City Manager Joe Slocum finally responded (full email above tab- 12/4 pictures and Joe Slocum's deceptive...) stating that the site permit conditions had been violated and were not fulfilled. The conditions that would have protected the residents from the corrupt slaughter of water illegally sent to private property and bypassing the approved sewer and 1 1/2 million improvements to that sewer on Miller St. Add in all the illegal snow piling and melting.
City Hall, City Council, some Realtors, and some residents are offended by ME ?? City employees are advised not to help me, some neighbors are upset because I have publicized that our properties are destroyed and dangerous from City slaughter. Other residents who don't want to help, don't care, and want window dressing and recreation because that will increase THEIR home values have some have stated cruel online words against my facts- and the businesses, they have their hands out all the time for our tax dollars. I would think these businesses are threatened with my protesting and dislike me as well. Belfast Bicycles and Upper Cut Hair Salon are kind to me. No movies, it is owned by City Council Mike Hurley. I'm a lone mom, standing up against the corrupt bullies of City Hall and Realtor.
In the meeting I read through the 3 of many conditions violated, a permit never should have been issued. Here they are. In bold blue is City Manager Joe Slocum's response- full emails above click on tab 12/4 pictures and Joe Slocum deceptive response...) 3 years later and with out one concern but visible anger instead for my whistle blowing of the destruction and danger, of the City Water Slaughter to Seaview Terrace. 1 inch of runoff is 1 foot of water to Seaview Terrace up to 3 inches (that I have been able to measure.) Past 3 inches, and can happen at ANY event, it will surely be higher and we're slaughtered by their water. City Manager, Joe Slocum refuses to place us on the radar of Waldo County Emergency Management (that 3/2012 meeting below) It is clear that they will come in for Inverse Condemnation after their slaughter by water to Seaview Terrace.
11. Storm Water Management: The applicant shall construct all storm water management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Further, the applicant shall maintain all storm water facilities in good working condition.
The applicant also shall comply with the following additional conditions regarding the storm water management system.
11.1 The applicant shall either: a)Provide the City a letter from a licensed civil engineer certifying that the storm water improvements were constructed in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the storm water improvements. The applicant shall identify its preferred option when a building permit is requested. If the applicant chooses option b), the applicant shall pay the City, upon issuance of the building permit, the estimated cost of such inspection services.
City Manager, Joe Slocum 12/2013 "I cannot find, nor am I able to identify any letter from a licensed engineer or reports for the City Engineer that all storm water work was done as represented.
11.2 The applicant shall pay the City's cost to construct upgrades to its storm water system on Miller Street to accept additional storm water flows from the project site. This cost shall be $9,4331, and shall be payable upon issuance of a building permit for the project. Reference Letter dated November 4, 2002 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, and an accompanying letter from Mandy Hallway-Olver, Olver Associates, City Engineer, for an explanation of this fee.
11.3 The applicant shall pay a storm water impact fee of $5,000 to the City to better enable the City to conduct an analysis of the storm water drainage basin for the area located between Lincolnville Avenue and City Park. This impact fee shall be payable upon issuance of a building permit. The City shall hold this amount in escrow, and, if the City does not use the monies within 10 years from the date of issuance of the building permit, the City shall return these funds (with interest) to the applicant. The City shall only use these funds for the purpose of conducting an assessment of storm water concerns in this area, or constructing storm water improvements in this area. Further, by paying this impact fee, the applicant is held harmless from any requirement to construct any off-site storm water improvements. Reference letter dated November 4,2001 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, for an explanation of this impact fee.
City Manager, Joe Slocum, 12/2013 - "I am unable to locate any offsite drainage study relating to Captain Albert Stevens School. To the best of my knowledge the study was never done as referenced in the conditions of approval dated November 20, 1002 and again on November 15. 2003.
I acknowledge your request to meet with specific people to review these documents. I'm denying that request. The freedom of information law does not let you decide who you will accept as a monitor during your document inspection.
Here is my response to your request. I hope it is helpful." Joseph Slocum, Belfast City Manager
1/21/14 http://belfastme.swagit.com/play/01212014-1676/#9 Belfast, Maine City Council Meeting. My 30th? meeting pleading infrastructure flooding corruption. I speak at open to the public- click 6 1 minute in 2nd speaker. It seems the 3 minute rule doesn't hold if "important", good for business, public is speaking. I get the gavel, Mayor Ash watching that clock for 3 minutes. I am limited in presentation.
The 28.29 acre site with extreme impervious ground (previously all "DEP wetlands", and dirty dealings by DEP and Commish. Aho closing investigation) at the Captain Albert Stevens School 2006 is the corrupt flooding final straw to the flood zone, flood plain of Seaview Terrace, approx. 2 miles away. All the City storm water (and it is massive see my hand drawn map way below- City Manager, City Planner and Director of public works tell me they do not have any drainage maps, do not have City work orders for heavy equipment use, do not do work on private property, on and on with no, no, no... But they will look, charge me by the hour to look in many buildings and want an upfront huge deposit for research for information that they may not find) that is forced to Seaview Terrace is illegal. Over 12 sites, 2 miles of highway, north and south, miles of runoff ditched, culverts, all forcing to Seaview Terrace where the City relinquishes responsibility.
We are not a natural outlet,(although that is what they tried to claim because they are in violation of local storm water ordinance ), it is a man-made drainage ditch(As confirmed by in the with held 1987 City Engineers report specific to my property and original owner, Dr. Caswell for the beginning of the forced flooding), private property,they have no rights of ways, no easements and are slaughtering us. Additionally they illegally (and are with holding that actual zoning conditions that Chief McFadden saw proving violations) allow all sites to stock pile snow all season to melt to us, which almost wiped us off the map in 2009 and 2011. I was just sold this undisclosed hell in 2010 paying cash. See www.belfastbullies2.blogspot.com for streamlined City corruption to Seaview Terrace and other residents- the many City Council meetings I have indexed in the above tabs are proof as well. Also, albums of corruption with Realtor (Bill Ingersoll, Sam Mitchell, Earl Black (owner) and Maine Board of Realtors investigation corrupt dismissal) Maine is the 4th most corrupt state in the U.S. as of 2012.
BH&G now Masiello Group Realtors of High St., Belfast saw this domestic survivor mom and children coming, and at the end, crawling from NJ, relocating to safety and to heal and begin again in privacy. Staying under all radar and conflicts imperative to safety and health. Staying on point to the T- no mistakes, this is our only chance.
Belfast City Hall has ripped us from our basic rights and stability, sending us right back into a vortex of deception, corruption and community alienation. Of the many corruptions, I am currently focusing on the Captain Albert Stevens School (CASS) site conception plans. The plan documented in 2002, the site conditions were not met, the permit should have been denied, The school opened in 2005-06. Then in 2006, in the lower parcel, the old Robertson School which since 2002 was to be demolished and turned into a huge ground absorbing athletic field was slated. The school would remain, and more corruption, more impervious ground, more illegal runoff to the watershed residents. Shady deals were made to some protesting abutters. Travelling down the water shed, Cedar Street residents suddenly got "sheets of water" per City Council, Mike Hurley, flooding their homes. Never to this magnitude in the past. Cedar Street residents would unite and lose at City Hall. City Hall claiming mother nature. Each resident spending thousands in sump pumps, some with no where to drain. Forced to illegally tie into City sewage lines. Similar to Seaview Terrace, and certainly many more, where the City holds that over their heads, forcing them into silence. Clemency for all abused residents from City Hall corruption.
Further down and across, Wight Street residents are getting wiped out. The path coming from CASS, is forced to Wight St where the then Chairman of the Planning Board, Roger Pickering lives. Dealings? He used the mother nature rule as well and his house is right in the path. Wight St. received drainage work and DOUBLE culverts (Bob Whitely, Tax Assessor said these were new- they were not always there) right at Roger's house to send it over to SEAVIEW TERRACE via Mid Coast Mental Health with their forced channels to us. On the lower half of Wight St. is yet another trench to take more storm water behind the WCGH Annex direct to my back yard on SEAVIEW TERRACE. Wight St is the direct path to the City Park storm water drainage ravine into the bay.
Way back in 8/2011, 3 months into emails after emails to the City Council and Mayor for an investigation, Mayor Ash (owner of East Garage and closest AAA provider) came to my house for a dead battery. I cornered him into viewing the destruction. He had said they could get some rocks to stop my fence from falling in.False hope, he never did . I asked why roadside drainage and sewers under the road were not present. He said because it would take out the road. To which I responded "So you take out the residents property instead?" From there on in, he refused my emergency AAA calls, one where my SUV slid on ice and was hanging over the bank to the bay, waiting for a far away tow truck that never came, we were freezing. Another making my son several hours late for school for a simple dead battery. Very sad and scary.
It is cheaper to send to it SEAVIEW, and deny. Destroy them and the documents. But they were not counting on my persistence and courage to endure such tactics. Guess I should thank my ex and alcoholic siblings for the training. Sick karma that taught me the value of integrity and my path.
The school (CASS) storm runoff was never approved to flow to the watershed residents ( encompassing 1 mile wide 2 miles down). My property's dry small 1 ft high 2 ft wide ditch turned into wild, torrent, rapids for a week in my first spring, 3/2011. Weeks later, it was 4-5 ft deep and close to 12 ft wide. Over 1/4 of my property was ripped away with it - video in the City Council meetings tab. City Hall doors slammed shut on my fingers. The cover up began, water does not lie, City Hall does. I began following the water and asking for maps and development plans in 4/2011. All proving public documents with held, manipulated, or not existing. The sickest tactic City Hall uses is that they have given me the documents, will give them to me again but that I am too stupid to read them. Yet, they refuse to allow an independent official to validate that the true documents were given.
The CASS file had ALL stormwater documents removed prior to my "appointed" viewing- and I mean all. I spent 4 hours under Planning supervision going through every paper in the over flowing huge files, at least 4. My daughter was ill, and with me. She laid her head on the lower counter where City Planner, Wayne Marshall would slam the half door trying to disturb her and anger me. The viewing conditions there were crammed, intense and difficult. A local contractor had come in while I was there and I knew him from my childhood in neighboring Bayside, Maine.. XXX XXXXX said this was bad. He had read about me in the paper. He also needs Planning cooperation for his business. Like many in town. I saw the sadness in his eyes telling me he could not help me. No words, needed, I understood. I was on my own against the thugs.
I found one 10 page document from WBRC engineers, stating the runoff was to go to the bay via Miller St (the approved route all hidden from me) I asked for a copy of this one document, and was told to come back the next day for it, but call first to tell them exactly when I was coming. I came the next day but did not alert City Planner, Wayne Marshall. I only got 9 pages of the 10 page document. The page stating storm water to flow to Miller St was NOT copied. (Later I called WBRC and they refused to give me a copy of the document).
City Hall did not know when I was coming in to get the copies. City Planner Wayne Marshall was not hovering, was not even in the office. I asked the administrative assistant, Marie Stalworth to let me see that original document. She could not find it. I asked her to let me see the files again. That document was now missing from the file but A BONANZA of storm water documents were back in the files. The 28 acre site was wetlands- found were Army Corp, DEP, residents concerns, engineers reports, emails, a slew of other with held documents. I had to work fast before Wayne came back. I quickly pulled some damning documents and asked for copies on the spot.
At this point I was crying and shaken at the sheer corruption and evil treatments from Wayne Marshall, Joe Slocum, City Council Mike Hurley, Zoning and Code Officer Tod Rosenburg. The knowing of the torture to silence me, that laid ahead to save my home, my only asset, recently unemployed, no savings, and now forced to shell out 2k in undisclosed flood insurance, was frightening, would this break me? This was my time to heal and nurture my children with full attention and stability.
Administrative assistant, Marie could not refuse me. For the City to do this to employees and residents beholding to them is disgust in the lowest form. I see it in all their eyes, there are many more. Who would think that 3 years later, I am still begging for infrastructure as City Hall takes the 5th and City Manager-Joe Slocum, and City Planner- Wayne Marshall shoot me over and over. City Council refused to investigate, aided and abetted in the deception and slander. In fact, City Council called me in as a threat to the Chief of Police. Then, the City Attorney would step in with sending intimidating letters, telling me not to come to meetings to speak, stating that City officials have been instructed not to respond to me, trying to force me into a legal battle, stating I must get legal counsel to speak for me, and that I was harassing them, see www.belfastbullies3. blogspot.com for his letters. He said as City Officials they have a decorum to maintain...
One of the documents I took was the Captain Albert Stevens School (or Belfast Elementary School) Site Plan & Use Permit Adopted Conditions of Approval, Final Approval of November 20, 2002 & Amendment #1 to Approval of January 15, 2003 Amendnment #2 to Approval of April 9, 2003.
#11 Addresses storm water analysis study implementation to the water shed residents, and engineers report and follow up after completion, and upgrades to Miller St to take all site runoff to the bay. Since 2011, I had asked for the reports and finding for these and was ignored. Flat out ignored and City Council and City Hall took the 5th ordered by the City Attorney, Bill Kelly. I'm holding the certified receipt of the request signed by Joe Slocum. I sent the requests, over and over for 3 years, relating the same in 20 meetings. Maine Freedom Of Information Attorney General's office, Brenda Kielty was useless. In 12/2013, City Manager Joe Slocum finally responded (full email above tab- 12/4 pictures and Joe Slocum's deceptive...) stating that the site permit conditions had been violated and were not fulfilled. The conditions that would have protected the residents from the corrupt slaughter of water illegally sent to private property and bypassing the approved sewer and 1 1/2 million improvements to that sewer on Miller St. Add in all the illegal snow piling and melting.
City Hall, City Council, some Realtors, and some residents are offended by ME ?? City employees are advised not to help me, some neighbors are upset because I have publicized that our properties are destroyed and dangerous from City slaughter. Other residents who don't want to help, don't care, and want window dressing and recreation because that will increase THEIR home values have some have stated cruel online words against my facts- and the businesses, they have their hands out all the time for our tax dollars. I would think these businesses are threatened with my protesting and dislike me as well. Belfast Bicycles and Upper Cut Hair Salon are kind to me. No movies, it is owned by City Council Mike Hurley. I'm a lone mom, standing up against the corrupt bullies of City Hall and Realtor.
In the meeting I read through the 3 of many conditions violated, a permit never should have been issued. Here they are. In bold blue is City Manager Joe Slocum's response- full emails above click on tab 12/4 pictures and Joe Slocum deceptive response...) 3 years later and with out one concern but visible anger instead for my whistle blowing of the destruction and danger, of the City Water Slaughter to Seaview Terrace. 1 inch of runoff is 1 foot of water to Seaview Terrace up to 3 inches (that I have been able to measure.) Past 3 inches, and can happen at ANY event, it will surely be higher and we're slaughtered by their water. City Manager, Joe Slocum refuses to place us on the radar of Waldo County Emergency Management (that 3/2012 meeting below) It is clear that they will come in for Inverse Condemnation after their slaughter by water to Seaview Terrace.
Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. In some states the term also includes damaging of property as well as taking it. In order to be compensated, the owner must then sue the government. In such cases the owner is the plaintiff and that is why the action is called inverse – the order of parties is reversed, as compared to the usual procedure in direct condemnation where the government is the plaintiff who sues a defendant-owner to take his or her property.
The taking can be physical (e.g., land seizure, flooding, retention of possession after a lease to the government expires, deprivation of access, removal ofground support) or it can be a regulatory taking (when regulations are so onerous that they make the regulated property unusable by its owner for any reasonable or economically viable purpose). The latter is the most controversial form of inverse condemnation. It is considered to occur when the regulation of the property's use is so severe that it goes "too far," as Justice Holmes put it in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), and deprives the owner of the property's value, utility or marketability, denying him or her the benefits of property ownership thus accomplishing a constitutionally forbidden de facto taking without compensation.
Unfortunately, the U.S. Supreme Court has not elaborated on what "too far" is, and the doctrinal basis for its jurisprudence has been widely criticized...
Captain Albert Stevens School (or Belfast Elementary School) Site Plan & Use Permit Adopted Conditions of Approval, Final Approval of November 20, 2002 & Amendment #1 to Approval of January 15, 2003 Amendnment #2 to Approval of April 9, 2003.11. Storm Water Management: The applicant shall construct all storm water management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Further, the applicant shall maintain all storm water facilities in good working condition.
The applicant also shall comply with the following additional conditions regarding the storm water management system.
11.1 The applicant shall either: a)Provide the City a letter from a licensed civil engineer certifying that the storm water improvements were constructed in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the storm water improvements. The applicant shall identify its preferred option when a building permit is requested. If the applicant chooses option b), the applicant shall pay the City, upon issuance of the building permit, the estimated cost of such inspection services.
City Manager, Joe Slocum 12/2013 "I cannot find, nor am I able to identify any letter from a licensed engineer or reports for the City Engineer that all storm water work was done as represented.
11.2 The applicant shall pay the City's cost to construct upgrades to its storm water system on Miller Street to accept additional storm water flows from the project site. This cost shall be $9,4331, and shall be payable upon issuance of a building permit for the project. Reference Letter dated November 4, 2002 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, and an accompanying letter from Mandy Hallway-Olver, Olver Associates, City Engineer, for an explanation of this fee.
11.3 The applicant shall pay a storm water impact fee of $5,000 to the City to better enable the City to conduct an analysis of the storm water drainage basin for the area located between Lincolnville Avenue and City Park. This impact fee shall be payable upon issuance of a building permit. The City shall hold this amount in escrow, and, if the City does not use the monies within 10 years from the date of issuance of the building permit, the City shall return these funds (with interest) to the applicant. The City shall only use these funds for the purpose of conducting an assessment of storm water concerns in this area, or constructing storm water improvements in this area. Further, by paying this impact fee, the applicant is held harmless from any requirement to construct any off-site storm water improvements. Reference letter dated November 4,2001 from Wayne Marshall, City Planner, to Paul Luttrelle, SAD 34, for an explanation of this impact fee.
City Manager, Joe Slocum, 12/2013 - "I am unable to locate any offsite drainage study relating to Captain Albert Stevens School. To the best of my knowledge the study was never done as referenced in the conditions of approval dated November 20, 1002 and again on November 15. 2003.
I acknowledge your request to meet with specific people to review these documents. I'm denying that request. The freedom of information law does not let you decide who you will accept as a monitor during your document inspection.
Here is my response to your request. I hope it is helpful." Joseph Slocum, Belfast City Manager
No comments:
Post a Comment