From: Joseph Slocum <citymanager@cityofbelfast.org>
Sent: Thursday, August 11, 2011 7:59 PM
To: LAURIE ALLEN
Subject: Re: FW: 17 seaview/city storm f/u
Sent: Thursday, August 11, 2011 7:59 PM
To: LAURIE ALLEN
Subject: Re: FW: 17 seaview/city storm f/u
Ms. Allen,
I am taking your concern seriously but unfortunately it is not the only concern that I have to address right now. I am taking the liberty of sharing this email with Belfast City Council.
I spent over an hour at your house Tuesday and walked the stream and listened to every concern that you have raised. I see no sign of imminent danger to your property and as such I can not justify treating this matter as though it was an emergency and push my other responsibilities to the side. The stream itself is about 4 feet deep and about 8 feet wide and was essentially dry. It has the same shape and level of erosion along its banks at every point where I observed it. It is essentially dry and I saw one - one inch puddle in a 100 foot walk that I took through it You identify no damage or threat to your house but you are very upset by the erosion in your back yard. I saw this erosion and while there is some there, the scale and scope of it was far smaller then I imagined from reading your emails.
You have raise multiple concerns and it is very clear that you are extremely focused and upset by both the erosion situation itself as well as the treatment you feel that you have had at the hands of the City in responding to your concerns. Your letter today is indicative of your anxiety and expectation of immediate need for answers which is not consistent with what I said to you on Tuesday. I advised you that I was going to look into this and that it would take some time. I told you that I would attempt to summarize your concerns in the next day or so. That is -I was going to make sure I had a complete list of your questions and concerns. I never said I would resolve all of your issues in a day and a half. I said I would get back to you and I am sorry if 48 hours is worse for you than 36 hours.
When I told you that I would get to the bottom of this and that I would be thorough-you asked me how far I had to go in terms of information gathering to get this resolved. I said right there that I could not see anything-- based upon my visit that day-- that suggested to me that the City had done anything to harm you in any way. I absolutely did see some erosion along the stream bed which in my personal opinion is the same condition I would see along any stream bed and which in my experience such erosion often happens if there is an unusually large storm or runoff like the ones we have had in the last several years. Secondly I told you that would have to go deep into City records to find whatever I could that would help bring all the truth to this issue that I could find. I said that no City record was a secret and I would try to find them and make them available to you. I also reiterated what you said Wayne had mentioned to you previously--- If you feel that the City has in any way caused you damage then please send me a letter or note identifying what you believe to be the extent of your damages and I will be pleased to promptly send your claim in to our insurance carrier who might also investigate this claim and provide their perspective.
Here is where I am on your issues:
1. The Culvert under the road which brings the stream from one side of the road was simply installed to allow the road to go over the stream.
2. I do not believe the City created this stream. Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream means to me that this is a natural stream. Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.
3. I have now seen aerial photographs of your area before the road and houses were built on your street and the stream is clearly visible. I can show them to you at any time.
4. I am working on getting you a copy of the framed map in the Planning Office that you have asked for which shows this and other protected streams. I may have to have it professionally reproduced and I will do that at City expense and get it to you as soon as I reasonably can but that could take some time- I do not know at this point. In the meantime the copy we have is not going anywhere and I can give you access to it at any time until you get your own copy.
5. I have not had the chance to meet with Bob Richards on this matter from Public Works since I met you Tuesday to find out whatever he can tell us about culvert history etc. I will let you know everything I find out. This relates to your concern that the City has taken a series of actions which have unnaturally increased the flow in this stream that you believe is the reason you have some erosion. The stream is about 75 feet behind you house. The only indication of potential City contribution you showed me is a couple of culverts crossing underneath the road which would clearly carry some surface water from the south side to your north side and which if significant in volume would reach the stream by following what appear to me to be human made ditches that run along the westerly line of your property and to along another property uphill and west from you. I did step into the ditch along your property in my loafers and found no evidence of water or even mud in this ditch. I do think we have to ask ourselves where this surface water all went before there was a subdivision? My thinking is that it puddled where flat or ran downhill into the lowest point in this area which upon my inspection is this stream.
6. You told me that all the houses on your street have water issues, This tells me that the ground water is close to the surface so when it rains there is more surface water to address because less can be absorbed. I would expect both groundwater and surface water to work their way into this stream.
7. Regardless, I will inquire about any information the City has about letting people ditch or drain to the stream or of people just doing it themselves. When you told me that your house was nice and dry because you had a good drainage system and sump pump I assumed that since there are no storm drains on Seaview Terrace that your building and property drains also go into this same stream.
7. I do not know what all the rules are for private people sending their surface or ground water into natural streams but I do not think the City is responsible for what private people do. I do think the City has the right to maintain its road and to use its right of way to get water away from the road in order to protect it.
8. Where to from here? Speak with Bob Richards, identify any records we have that you want a copy of and get them to you. Identify anything I can which leads me to agree with your assessment. Presently I am unable to do this and if that is where my review concludes then I will not support the City doing remediation on any private property for harm or damage that we did not cause. I want to speak with the State DEP. They called me likely at your suggestion but I have not had a chance to speak with them yet. I welcome their inspection, input and perspective.
9. Seaview Terrace is a City road and I need to find out how wide our right of way is. The City does have the right to shed water away from its roads to protect them from the kind of damage we saw Tuesday. I may also call the City Attorney to secure his advice.
10. I did not plan on taking any pictures of your stream or your erosion but I am thinking that now that would be a good idea so that we can have a good record of the extent of your concern. I will call and find out when there is a time that will work for you. I am not going to send Ned Lightner based upon what I saw with my own eyes and what a regular camera will readily confirm.
I understand that in not immediately agreeing with your concerns that this is causing you some distress. It may well be that given the intensity of your frustration and concern that I may not be able to meet your expectations.
If you need an answer today as to whether the City will pay or fix the erosion in the back of your yard then my answer would be "No" for all the reasons recited above. If you are willing to be a little more patient then I will continue to investigate for any City activity which makes us liable for you damage.
I will talk to Wayne Marshall about some site visit that he had previously scheduled and perhaps we can make that happen in the next few business days to clear up as much as we can. Next Wednesday I have to attend a family emergency in another state where I plan to stay for a week. After that I have a training conference when I get back. If we can't conclude this matter by Tuesday I will be unable to get back to it until the 29th.
Again I will leave it to you as to whether you wish to file a claim with our insurance company.
Thank you.
Joe Slocum
I am taking your concern seriously but unfortunately it is not the only concern that I have to address right now. I am taking the liberty of sharing this email with Belfast City Council.
I spent over an hour at your house Tuesday and walked the stream and listened to every concern that you have raised. I see no sign of imminent danger to your property and as such I can not justify treating this matter as though it was an emergency and push my other responsibilities to the side. The stream itself is about 4 feet deep and about 8 feet wide and was essentially dry. It has the same shape and level of erosion along its banks at every point where I observed it. It is essentially dry and I saw one - one inch puddle in a 100 foot walk that I took through it You identify no damage or threat to your house but you are very upset by the erosion in your back yard. I saw this erosion and while there is some there, the scale and scope of it was far smaller then I imagined from reading your emails.
You have raise multiple concerns and it is very clear that you are extremely focused and upset by both the erosion situation itself as well as the treatment you feel that you have had at the hands of the City in responding to your concerns. Your letter today is indicative of your anxiety and expectation of immediate need for answers which is not consistent with what I said to you on Tuesday. I advised you that I was going to look into this and that it would take some time. I told you that I would attempt to summarize your concerns in the next day or so. That is -I was going to make sure I had a complete list of your questions and concerns. I never said I would resolve all of your issues in a day and a half. I said I would get back to you and I am sorry if 48 hours is worse for you than 36 hours.
When I told you that I would get to the bottom of this and that I would be thorough-you asked me how far I had to go in terms of information gathering to get this resolved. I said right there that I could not see anything-- based upon my visit that day-- that suggested to me that the City had done anything to harm you in any way. I absolutely did see some erosion along the stream bed which in my personal opinion is the same condition I would see along any stream bed and which in my experience such erosion often happens if there is an unusually large storm or runoff like the ones we have had in the last several years. Secondly I told you that would have to go deep into City records to find whatever I could that would help bring all the truth to this issue that I could find. I said that no City record was a secret and I would try to find them and make them available to you. I also reiterated what you said Wayne had mentioned to you previously--- If you feel that the City has in any way caused you damage then please send me a letter or note identifying what you believe to be the extent of your damages and I will be pleased to promptly send your claim in to our insurance carrier who might also investigate this claim and provide their perspective.
Here is where I am on your issues:
1. The Culvert under the road which brings the stream from one side of the road was simply installed to allow the road to go over the stream.
2. I do not believe the City created this stream. Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream means to me that this is a natural stream. Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.
3. I have now seen aerial photographs of your area before the road and houses were built on your street and the stream is clearly visible. I can show them to you at any time.
4. I am working on getting you a copy of the framed map in the Planning Office that you have asked for which shows this and other protected streams. I may have to have it professionally reproduced and I will do that at City expense and get it to you as soon as I reasonably can but that could take some time- I do not know at this point. In the meantime the copy we have is not going anywhere and I can give you access to it at any time until you get your own copy.
5. I have not had the chance to meet with Bob Richards on this matter from Public Works since I met you Tuesday to find out whatever he can tell us about culvert history etc. I will let you know everything I find out. This relates to your concern that the City has taken a series of actions which have unnaturally increased the flow in this stream that you believe is the reason you have some erosion. The stream is about 75 feet behind you house. The only indication of potential City contribution you showed me is a couple of culverts crossing underneath the road which would clearly carry some surface water from the south side to your north side and which if significant in volume would reach the stream by following what appear to me to be human made ditches that run along the westerly line of your property and to along another property uphill and west from you. I did step into the ditch along your property in my loafers and found no evidence of water or even mud in this ditch. I do think we have to ask ourselves where this surface water all went before there was a subdivision? My thinking is that it puddled where flat or ran downhill into the lowest point in this area which upon my inspection is this stream.
6. You told me that all the houses on your street have water issues, This tells me that the ground water is close to the surface so when it rains there is more surface water to address because less can be absorbed. I would expect both groundwater and surface water to work their way into this stream.
7. Regardless, I will inquire about any information the City has about letting people ditch or drain to the stream or of people just doing it themselves. When you told me that your house was nice and dry because you had a good drainage system and sump pump I assumed that since there are no storm drains on Seaview Terrace that your building and property drains also go into this same stream.
7. I do not know what all the rules are for private people sending their surface or ground water into natural streams but I do not think the City is responsible for what private people do. I do think the City has the right to maintain its road and to use its right of way to get water away from the road in order to protect it.
8. Where to from here? Speak with Bob Richards, identify any records we have that you want a copy of and get them to you. Identify anything I can which leads me to agree with your assessment. Presently I am unable to do this and if that is where my review concludes then I will not support the City doing remediation on any private property for harm or damage that we did not cause. I want to speak with the State DEP. They called me likely at your suggestion but I have not had a chance to speak with them yet. I welcome their inspection, input and perspective.
9. Seaview Terrace is a City road and I need to find out how wide our right of way is. The City does have the right to shed water away from its roads to protect them from the kind of damage we saw Tuesday. I may also call the City Attorney to secure his advice.
10. I did not plan on taking any pictures of your stream or your erosion but I am thinking that now that would be a good idea so that we can have a good record of the extent of your concern. I will call and find out when there is a time that will work for you. I am not going to send Ned Lightner based upon what I saw with my own eyes and what a regular camera will readily confirm.
I understand that in not immediately agreeing with your concerns that this is causing you some distress. It may well be that given the intensity of your frustration and concern that I may not be able to meet your expectations.
If you need an answer today as to whether the City will pay or fix the erosion in the back of your yard then my answer would be "No" for all the reasons recited above. If you are willing to be a little more patient then I will continue to investigate for any City activity which makes us liable for you damage.
I will talk to Wayne Marshall about some site visit that he had previously scheduled and perhaps we can make that happen in the next few business days to clear up as much as we can. Next Wednesday I have to attend a family emergency in another state where I plan to stay for a week. After that I have a training conference when I get back. If we can't conclude this matter by Tuesday I will be unable to get back to it until the 29th.
Again I will leave it to you as to whether you wish to file a claim with our insurance company.
Thank you.
Joe Slocum
From: Joseph Slocum <citymanager@cityofbelfast.org>
Sent: Friday, September 9, 2011 4:50 PM
To: LAURIE ALLEN
Cc: Councilors; Wayne Marshall; Bob Richards
Subject: Re: FW: 17 seaview/city storm f/u
Sent: Friday, September 9, 2011 4:50 PM
To: LAURIE ALLEN
Cc: Councilors; Wayne Marshall; Bob Richards
Subject: Re: FW: 17 seaview/city storm f/u
Ms Allen,
Good afternoon. I regret that I have been away for two weeks because of two family emergencies.
The road could indeed use some work and will be addressed in conjunction with our regular road program which calls for attention in areas about every 10 years. The road has alligator cracking because the ground underneath is wet. The present existence of a couple of culverts underneath the road which transfer some water from the higher land across the street to your land on the North side are an attempt by the City to have the road not act as a dam to the natural flow of gravity and also to preserve the asphalt on the road itself by eliminating standing water on the road edge or underneath it. We have these culverts all over the City and you will indeed find them all over the State.I will ask my Public Works Director, by copy of this email to let us know in what year your road might see some resurfacing. It will not be this year. At this time there are no funds or plans to install storm sewers along your road. We like many municipalities have have many roads without these amenities
My observation suggests to me that the stream behind your house has been there for a hundred years and has acted as the watershed for everything above it including your entire street. The City is not responsible for changes to the land or for the constructions of buildings, the expansions of lawns or cutting of vegetation done by every home owner- including your predecessor which has had an impact on surface and sub surface water in your neighborhood. The very ditch that is maintained between you and your neighbor is a good example of how you and your neighbor channel your water to the stream behind your house that is the natural drainage way. This stream and the water the water your entire neighborhood adds to it, simply goes behind other peoples houses down grade from you and in fact goes right into our City Park where it empties to the Sea. Some of your neighbors across the street want more surface water drained toward your side. The State suggested allowing more plantings to grow and absornb some of the water. The City noted that if we were ever to get involved we would want the neighbors to be cooperative and provide legal easements to the City so our actions are not seen as improper as you have suggested they were in the past.
While I was away I learned that there was a meeting held on site by Wayne Marshall from the City, and we had State DEP representative Chris Cabot there along with a member of our City Council. I understand that you were there as well. To my knowledge-nothing came from that meeting to suggest that the City has somehow caused all this water to be in your area. Since I do not see the harm caused by the City I have no plan to enter upon your property to do any bank stabilization that Mr. Cabot said he would be receptive to permit if requested by the individual neighbors.
It appears that in the past the City crews did indeed enter upon a neighbors property to clear growth from an existing ditch with permission to get water away from the road. As far as I know this is not a City owned ditch anymore than the one which runs along your property.
As for the drainage:
1. I will come and take pictures to document your concern and I will share them with the State. Please let me know whether you wish to be present when I take them . I am presuming that you are going to allow me access through your property so I can do this properly. If this assumption is incorrect please let me know. Otherwise the pictures will be taken next week.
2. I have not seen anything in the erosion or in City practice which suggest to me that the City is responsible for your erosion so there is no practice for us to terminate. I can not and I do not plan on spending City tax dollars to provide drainage controls for private property.
3. There is indeed some signs of erosion within the stream sidewalls and I did see an area about 2 square feet in size where you placed large stones to fill in a part of your bank where some erosion apparently occurred. I do not see anything in this erosion which would indicate it is anything other than a natural occurrence associated with seasonal and unpredictable weather conditions. It appeared to me to look like every stream bed I have ever walked.
Finally, if you continue to believe that the City is the party responsible for your damage then please send me your reasons and I will present your legal claim to our insurance company to see if they see this matter differently than I do.
Absent new information this is my final response to this matter. I am sorry that I could not find a way to agree with your conclusions.
Most sincerely,
Joseph J. Slocum
City Manager
Good afternoon. I regret that I have been away for two weeks because of two family emergencies.
The road could indeed use some work and will be addressed in conjunction with our regular road program which calls for attention in areas about every 10 years. The road has alligator cracking because the ground underneath is wet. The present existence of a couple of culverts underneath the road which transfer some water from the higher land across the street to your land on the North side are an attempt by the City to have the road not act as a dam to the natural flow of gravity and also to preserve the asphalt on the road itself by eliminating standing water on the road edge or underneath it. We have these culverts all over the City and you will indeed find them all over the State.I will ask my Public Works Director, by copy of this email to let us know in what year your road might see some resurfacing. It will not be this year. At this time there are no funds or plans to install storm sewers along your road. We like many municipalities have have many roads without these amenities
My observation suggests to me that the stream behind your house has been there for a hundred years and has acted as the watershed for everything above it including your entire street. The City is not responsible for changes to the land or for the constructions of buildings, the expansions of lawns or cutting of vegetation done by every home owner- including your predecessor which has had an impact on surface and sub surface water in your neighborhood. The very ditch that is maintained between you and your neighbor is a good example of how you and your neighbor channel your water to the stream behind your house that is the natural drainage way. This stream and the water the water your entire neighborhood adds to it, simply goes behind other peoples houses down grade from you and in fact goes right into our City Park where it empties to the Sea. Some of your neighbors across the street want more surface water drained toward your side. The State suggested allowing more plantings to grow and absornb some of the water. The City noted that if we were ever to get involved we would want the neighbors to be cooperative and provide legal easements to the City so our actions are not seen as improper as you have suggested they were in the past.
While I was away I learned that there was a meeting held on site by Wayne Marshall from the City, and we had State DEP representative Chris Cabot there along with a member of our City Council. I understand that you were there as well. To my knowledge-nothing came from that meeting to suggest that the City has somehow caused all this water to be in your area. Since I do not see the harm caused by the City I have no plan to enter upon your property to do any bank stabilization that Mr. Cabot said he would be receptive to permit if requested by the individual neighbors.
It appears that in the past the City crews did indeed enter upon a neighbors property to clear growth from an existing ditch with permission to get water away from the road. As far as I know this is not a City owned ditch anymore than the one which runs along your property.
As for the drainage:
1. I will come and take pictures to document your concern and I will share them with the State. Please let me know whether you wish to be present when I take them . I am presuming that you are going to allow me access through your property so I can do this properly. If this assumption is incorrect please let me know. Otherwise the pictures will be taken next week.
2. I have not seen anything in the erosion or in City practice which suggest to me that the City is responsible for your erosion so there is no practice for us to terminate. I can not and I do not plan on spending City tax dollars to provide drainage controls for private property.
3. There is indeed some signs of erosion within the stream sidewalls and I did see an area about 2 square feet in size where you placed large stones to fill in a part of your bank where some erosion apparently occurred. I do not see anything in this erosion which would indicate it is anything other than a natural occurrence associated with seasonal and unpredictable weather conditions. It appeared to me to look like every stream bed I have ever walked.
Finally, if you continue to believe that the City is the party responsible for your damage then please send me your reasons and I will present your legal claim to our insurance company to see if they see this matter differently than I do.
Absent new information this is my final response to this matter. I am sorry that I could not find a way to agree with your conclusions.
Most sincerely,
Joseph J. Slocum
City Manager
Here's a link to more CASS/DEP corruption pics and documents. https://picasaweb.google.com/105736045670734847961/CaptAlbertStevensSchoolWCGHAerialViews19391970BelfastMaine04915?authuser=0&feat=directlink
City Manager Slocum should be automatically fired for this. Furthermore, Slocum never gave the zoning conditions for the snow removal that is destroying us either.
Tue 8/26/14 8:20 PM
Council, Mayor, Joe Slocum and Mandy Olver (Belfast Engineer/Seaview, CASS),
I heard Mandy Olver clearly state in the work shop meeting tonight, that the the impact study and reports were done for the CASS and Sweetser School. City Manager Joe Slocum after 3 years of my requesting these studies and reports wrote that they were NOT done. Please have Mandy Olver provide her documents per the conditions below to all, including me and Ethan Andrews, Pen Bay Pilot. This is a FOAA request, Email is an accepted formal request for FOAA per Joe Slocum.
Those documents, with the new FIRM data, should be helpful with the overview.
B. Per :Belfast Community Elementary School Site Plan & Use Permit
Adopted Conditions of Approval
Final Approval of November 20,2002 &
Amendment #1 to Approval of January 15,2003
Amendment #2 to Approval of April 9, 2003
1. Description of Project: SAD#34, applicant proposes to construct the Belfast Community Elementary School, a school which can accommodate 340 students. The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field....
11. Storm water Management: The applicant shall construct all stormwater management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Futher the applicant shall maintain all stormwater facilities in good working condition.
11.1 The applicant shall either : a) Provide the City a letter from a licensed civil engineer certifying that the stormwater improvements were constructed in accordance with all City specifications and in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the stormwater improvements.
11.3 The applicant shall pay a stormwater impact fee of $5,000 to the City to better enable the City to conduct an analysis...
C. Per Chief McFadden email below _the Zoning Conditions of Approval Document for removing plowed snow offsite - I did report CASS and ANNEX to Todd Rosenburg and sent the pictures proving they were not removing plowed snow (below). I never received a response. Please provide the Zoning Conditions of Approval Documents for each site below.
CASS and Sweetser Schools
WCGH Annex
MidCoast Mental Health
Tall Pines Nursing Home
Volunteers of America on Congress
Belfast Birches
Hilltop Birches
Legore Subdivision (Birch St)
National Guard Rte 1 So
MMP Rte 1 So
Larabees Plumbing and entire business park including airport
Prays Homes Rte 1 So
Mcleod's Trailer Park on Lower Congress
From: laurieallen55@msn.com
To: ward1councilor@cityofbelfast.org; ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org; ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org; mayor@cityofbelfast.org; jslocum@cityofbelfast.org; mandy@olverassociatesinc.com
CC: news@penbaypilot.com
Subject: CASS Impact Study FOAA 8/26/14
Date: Tue, 26 Aug 2014 20:20:18 -0400
Council, Mayor, Joe Slocum and Mandy Olver (Belfast Engineer/Seaview, CASS),
I heard Mandy Olver clearly state in the work shop meeting tonight, that the the impact study and reports were done for the CASS and Sweetser School. City Manager Joe Slocum after 3 years of my requesting these studies and reports wrote that they were NOT done. Please have Mandy Olver provide her documents per the conditions below to all, including me and Ethan Andrews, Pen Bay Pilot. This is a FOAA request, Email is an accepted formal request for FOAA per Joe Slocum.
Those documents, with the new FIRM data, should be helpful with the overview.
B. Per :Belfast Community Elementary School Site Plan & Use Permit
Adopted Conditions of Approval
Final Approval of November 20,2002 &
Amendment #1 to Approval of January 15,2003
Amendment #2 to Approval of April 9, 2003
1. Description of Project: SAD#34, applicant proposes to construct the Belfast Community Elementary School, a school which can accommodate 340 students. The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field....
11. Storm water Management: The applicant shall construct all stormwater management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Further the applicant shall maintain all stormwater facilities in good working condition.
11.1 The applicant shall either : a) Provide the City a letter from a licensed civil engineer certifying that the stormwater improvements were constructed in accordance with all City specifications and in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the stormwater improvements.
11.3 The applicant shall pay a stormwater impact fee of $5,000 to the City to better enable the City to conduct an analysis...
From: Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list. Sent: Mon 12/02/13 12:43 PM To: LAURIE ALLEN (laurieallen55@msn.com); Councilors (councilors@cityofbelfast.org); William S. Kelly (bkelly11@bluestreakme.com) - Dear Ms. Allen,
- I believe I have concluded my review of the document search you asked me to make as the freedom of information request on October 21, 2013. This review has taken longer than I expected and I note that many if not all of these files have been made available to you in the past. On October 24, 2013 I sent an e-mail to City Assessor Bob Whitely(as well as to all other Department heads) asking them if they had any documents in their possession related to your multiple request. I have received nothing from him so I assume that he has nothing in relationship to your request. Unfortunately as you may know, Bob has had a series of medical problems or the last year which included his inability to be at work any day last two weeks when I wanted to follow up with him. I have no idea when he will return. I will follow up with him when he does.I have full files and the aerial maps for your inspection. Our records are not perfect.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.As for verification I can say that I personally spent more than 19 hours collecting records reviewing them for content that related to your request and summarizing that effort in this response. I ask that you schedule an appointment to review these records with Manda in my office at a mutually workable time. Her number is 338-3370 ext 10.As a further courtesy to your request made at the Council meeting of November 19, 2013, I have personally attempted to do my best to make copies of what I understand you are looking for in advance of your inspection these documents. I expect you to pay for these copies at the reduced rate of $.15 per copy.I have not gone through the expense of duplicating any of the large architect and engineering plans but I will be happy to do so when you identify which sheets you want and provided us with the funds to have them copied at cost at County Copy.Here is my response to your request. I hope it is helpful.
1. I have been unable to locate any offsite drainage study relating to the Captain Albert C. Stevens School. To the best of my knowledge the study was never done as referenced in the conditions of approval (condition number 11.3) dated November 20, 2002 and again on January 15, 2003.
The Robertson School file had a large volume of drainage analysis in it for your review. I do not know whether that additional drainage review had anything to do with the fact that I do not believe that the original drainage study mentioned in the 2002 Conditions was ever done.
3. I cannot find, nor am I able to identify any letter from a licensed engineer or reports from the City Engineer that all storm water work was done as represented. However I have been able to locate a copy of the” as built” plan which shows this construction. I will make an attempt to get this letter from the engineers who designed and oversaw the construction of this work.
6. I have done my best to locate in these files the Zoning Conditions of Approval if they exist, for the files we do have...
e. The Cass School Conditions Plus the Cass School Maintenance plan which calls for snow to be kept on site."
 Jan 14 | | |||
Laurie,
I did some research, first the Zoning Conditions of Approval document indicates that the CASS school is responsible for snow removal. Any potential violations of this document would be a zoning issue handled by the board or by the code enforcement office. We as Police would have no authority over this issue unless a state law or local ordinance was violated. There are no state laws or ordinances enforceable by the Police Department which would prohibit the school from removing snow from the parking lots or events/sporting fields in the manner in which they are currently doing it.
Per Local Ordinance, the Code Enforcement Officer is not issuing violations that are flooding our floodplain, flood zone neighborhood of Seaview Terrace. We have confirmed the CASS and Annex are in violation and the other sites need confirmation so that police power may protect the flood plain as our local ordinance dictates immediately below.
Drainage. Adequate provision shall be made for stormwater, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means (see sections 102-1123 and 102-1124 and chapter 98).
j.Snow removal. The plan shall provide for storage of snow accumulation or removal from the site.
Floodplain and floodprone area mean any land area susceptible to being inundated by water from any source (see definition of "flood" and "flooding").
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, such as a floodplain ordinance, grading ordinance, and erosion control ordinance, and other applications of police power. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(Joe Slocum from full email below dated 8/11/2011) - 2. I do not believe the City created this stream. Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream means to me that this is a natural stream. Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.
Belfast ordinance below
Stormwater and all other unpolluted drainage may be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet, if in accordance with regulations of the state department of environmental protection.
(Ord. No. 45-1999, § 600.2, 2-1-2000)
- Where the stream was is moot point. Once moved, it is not natural. Move confirmed by City Attorney, Bill Kelly;s confession in letter to Council dated 12/27/11 (after another ONE OF MY SURPRISE VISITS where honest City Assessor Bob Whiteley had the original (with held, buried and denied from my original 5/2010 request to City Planner Wayne Marshall) plans for Seaview Terrace. Now they are forced to bring in City Attorney Bill Kelly to speak for them and begin illegal, unethical tactics to silence me. Out comes another with held engineer report on my home in 1987 and the idiots think that will suffice in getting them off the hook. See www.belfastbullies3.blogspot.com for full documents.) But here is the admission that we are not a natural outlet- a man-made ditch was dug after Developer Wendell McLeod purchased this parcel. The ditch was to take runoff from his Trailer Park (McLeod Trailer Park) on Lower Congress St. through this parcel he owned and then to the bay. The Route 1 bypass had not been built yet. Case closed. Slaughter by planned forced water can result in death/murder. City Attorney Bill Kelly letter and reading of letter @ 1/4/12 City Council Meeting as well as the with held Belfast City Engineer 1987 Report specific to my property originally owned by Dr. Caswell!! I had requested all history of Seaview Terrace and my property in 5/2011. They buried it all and slammed the door in my face.
-
-
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William S.Kelly, Esq.
Kristin Collins,Esq
96 High St.
Belfast Me 04915
kellylaw@bluestreakme.com
12/27/2011
Re:Flood Plain Issue/Seaview Terrace
Dear Council Members:
I have had an opportunity to review the record evidence and information available relating to claims of Laurie Allen relative to the stream/drainage swale behind her house. I have reviewed the records from the Public Works Department, Assessor's office, the Code Enforcement office and the Clerk's office. These records have largely consisted of aerial photography, notebook logs, Council meeting minutes relating to Seaview Terrace from 1965 to 1975, copies of a 1987 engineering report (attached hereto), United States Geologic Service floodplain maps, the original subdivision and amended subdivision plans relating to the private development which is now served by Seaview Terrace, as well as e-mails and correspondence which have occurred between Ms. Allen and various City officials. Finally, I have also reviewed the statutory and common law that are applicable. I have also spoken with Bob Richards, Bob Whiteley, Wayne Marshall and Joe Slocum.
I conclude that the City Of Belfast has no right, title, interest or obligation to maintain the stream/flood and drainage swale which burdens Ms. Allen's property.
I am significantly influenced by the fact that in 1987, an engineer was hired by the City as is referenced in the attached document, and he found no evidence of any obligation of the City to maintain the stream/drainage swale in that area at that time. That was 24 years ago. I have to assume that when the matter was freshly being discussed in 1987, they also looked at the historical evidence of the prior 20 years in terms of any control or maintenance over that drainage swale as exercised by the City. I have not found any evidence that the City was ever deeded any form of easement or took control of it.
It is significant that the stream/drainage swale on Ms.Allen's property was part of a significant system that is topographically driven such that water comes from near the Robertson School, flows down and through, by and along the northerly side of Seaview Terrace, then crosses Northport Avenue,then courses through an underground drainage system at the hospital and then through City Park to the Bay. The aerial evidence, including the photograph from 1957, confirms that this natural drainage system has been in existence since at least 1939, clearly demonstrating the existence of the stream well before any approval or development of the Seaview Terrace subdivision.
I will also say that there is no question in my mind that the stream/drainage swale was moved at some point after the subdivision was approved as originally and then amended in 1965/66. This clearly was a matter that benefited the private landowner in terms of moving the stream/drainage swale in a northerly direction and away from the Seaview Terrace road. Using some simple scaling, it appears, based on an aerial photography, that the stream/drainage swale may have been moved approximately 35 or 40 feet in a northerly direction; however, as depicted on present day maps and considering the stream/drainage swale location as depicted on the 1965 topographical subdivision map, it is clear that while the stream/drainage swale has been moved, it has at all times been located within the boundary lines of the lot that Ms. Allen now owns. Again, having seen no evidence whatsoever that the City controlled or developed private real property, and I would not expect it to do so, I come to the conclusion that the diversion or relocation of the stream/drainage swale was done privately. Significant to note, however, is the fact that the diversion of the stream/drainage swale is what provided for the possibility of most of the actual development of the houses that sit on the northerly side of the Seaview Terrace road. Without moving the stream/drainage swale, the houses on the north side of Seaview Terrace subdivision, including Ms. Allen's property, would not have been buildable.
The laws have changed significantly since 1965 and 1966 as to how stream and wetlands are treated and I am under no understanding or belief that there was any law violated when the stream/drainage swale was moved. It is my understanding that there was a site walk with the City Code and Planning Office and a representative from the Maine Department of Environmental Protection, and it was concluded that Ms. Allen qualifies to obtain a $65.00 permit by rule which will allow her to then engage in private mitigation efforts to address any erosion issues on her site.
In policy terms, it would be unlawful for the City to use public funds to improve private property, be that for erosion control or any other reason. That said, the City is obligated to maintain the drainage systems and culverts located within the right of ways, as well as those for which the City has obtained an easement over private property. I find no evidence that any failure to maintain/clean out the culvert which crosses Northport Avenue near the intersection with Seaview Terrace in any way caused the erosion that Ms. Allen has described.
SUMMARY
As was determined 24 years ago, the drainage issues relating to the lots on the northerly side of Seaview Terrace are private matters. There is no credible evidence that the City of Belfast created, installed or has maintained this stream/drainage swale since 1965 when Seaview Terrace was first approved as a subdivision. City officials are legally precluded from improving private property with public money for any purpose, including private drainage. That said, the City should continue to maintain all existing public culverts at all right of way crossing of the particular flood plain, as it has done in the past. The City may elect to install infrastructure addressing carriage of water under City public streets as the City's elected official deem necessary, but the statute placed that decision solely within the discretion of the City Council. (The end of CA Bill Kelly's Letter. )
Below is the 1987 City Consulting Engineer of Belfast A. Neil Finlayson, P.E. findings to Wilma Moses, Belfast City Manager. Mr.Gerry is at 18 Seaview Terrace across the street from me (now owned by Charles Beck) Mrs. McDonald is at 11 Seaview Terrace next door to me (now owned by Rose and Frank Costello) and Dr. Caswell is 17 Seaview Terrace (now owned by me, Laurie Allen) A tri-angle. Stating it is a private property drainage ditch. Not a natural outle/stream. City Manager Joe Slocum knows it is not a natural outlet, knows they are breaking the law and destroying our properties, but keeps on flooding us, lying that he can because it's a natural outlet. Everyone knows it but enables the corruption. Except me.
August 26, 1987
Subject: Seaview Terrace Drainage Problems
Dear Wilma:
The rain water drainage problems which we investigated this morning on Seaview Terrace, are primarily due to the overall topography of the land on which this development was built. In general, the land slopes downward from South to North across Seaview Terrace. In addition, there is a slope form the direction of Route 1 Bypass downwards towards Northport Ave.
The owner complaints, as I recall them, are as follows:
1. Mr.Gerry states that after heavy rains his basement tends to collect water. (The same problem of basement flooding is a regular feature in many other houses in Belfast.)
This problem could be minimized by having Keith Pooler lower the culvert that crosses the road at Mr. Gerry's lot and make sure it is clean inside for maximum water flow from his lot across Seaview Terrace to the boundary between Mrs. McDonald's lot and Dr. Caswell's. In addition, it should be suggested to Mr. Gerry that if he would increase the cross sectional area of his ditch which empties into the City culvert, (now about 6" wide and of equal depth), there would be less tendency for water to collect on his lawn, and thus send its way into his basement.
2. Mrs. McDonald says that rain water drainage, after a heavy rain, can rise to the point where it gets into and damage expensive plantings at the easter side of her house. In part, this may be due to water flooding across the road from Mr. Gerry's house. But there is also water coming down on her side of the road from other lots above hers. Lowering and cleaning the culvert in front of Mr.Gerry's house would tend to minimize flooding over the road, but the overall effect with respect to correcting her problem might well be negligible.
It should be suggested to Mrs. McDonald that if she had a sizeable ditch dug from the end of the culvert on her side of the road and carried it back to the "Brook", it would probably reduce the flooding of her gardens.
3. Dr. Caswell has mentioned that after heavy rains the brook can flood and create problems for all owners whose lots back up to it. He suggests that the City clean it out to reduce this tendency. I have a feeling that this brook is NOTHING MORE THAN A DRAINAGE DITCH PUT IN BY THE DEVELOPER OF THE TRACT.
You could suggest to Dr. Caswell that his brook is private property and that if he, and other owners, feel strongly about the problem, that the hire a contractor to clean out the brook to their specifications.
Summary:
As you mentioned during our visit, the basic cause of the is the topography of the land which the owners bought.
Actions:
Suggest to the owners:
1. Aside from the culvert, which is on a Belfast City street and thus a City responsibility, all other possible corrective actions involve private land and must be carried out by the owners themselves.
2. The flooding problems that exist are inherent in the topography of the land that them bought; it has existed pretty much as it is now, from the outset. The problems are not due to any action by the City and are therefore not a direct City responsibility. However, in accordance with your belief that the City should assist the residents with their problems, I have added my thoughts on the action the might take to minimize these problems.
Very Truly Yours,
A. Neil Finlayson, P.E.
City of Belfast Consulting Engineer
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Sent: Tuesday,
October 18, 2011 12:37 PM
To: LAURIE
ALLEN
Cc: Councilors
Subject: Re: Storm
Water Maps Final Request
Ms.
Allen,
You originally came in to see me and claimed that
you were denied access to a map that you saw in the planning office.
I personally made arrangements to get that map to you. If you don't
have it for some reason then please make an appointment to come in
and we will go together to see the map and I assure you that I will
get you another copy. Since receiving this email yesterday I spoke in
person with both City Public Works Director Bob Richards and City
Planner Wayne Marshall. There is no map that shows all of the storm
draining channels in Belfast
Today you ask for
a copy of "all storm water draining channels in the City"
I
accept this as a freedom of information request. Under the Freedom of
information law I am required to either provide the requested
documentation within 5 days or tell you within 5 days how long it
will take for us to meet your request and what will be needed to
comply with that request.
The City does not have a
master set of storm drain maps showing all of the storm drains,
ditches and culverts in the City. We would have to do a search
through records in the City Manager's Office, City Planners Office,
Public Works Department, possibly the Waste Water Department and the
Clerks office as well.
We have indeed worked on various
Sewer lines over the last 10-12 years and occasionally as apart of
those Sewer projects -- installed or replaced some storm drains at
the same time we installed new sewer lines. Our records of all
private systems would also be included in your request going back as
far as our records can go. For example In 1965 or there abouts
when your subdivision was approved it does not show the installation
of any storm water lines or channels. That is information we would
have to check before knowing whether there was storm water draining
channels depicted or not. We would have to check a lot of places
looking for "ALL" maps. I also do not
think we have a record of every drive way culvert we have either
installed, repaired or replaced. It is not clear to me that you want
information on every driveway culvert which sheds water near the road
from the surface of an individuals driveway. We do have some data
that has been incorporated recently that shows some of the places
where ditches or lines are but it is only reflective as of of 1997
and no one has verified that it is complete. What Wayne Marshall told
you was true. The City does not have a map showing the storm
water draining channels throughout Belfast.
To comply
with your request and to get you copies of "all storm water
draining channels throughout Belfast" ,would I estimate
take at least 30 to 40 hours of work across all of these various
Departments and potentially more. A single copy of a single page of a
26 X 36 blue print map could cost $5 to $10 a page to reproduce at
County Copy. Imagine for a moment how many pages of blueprints there
are relating to the development of the MBNA properties.
The
law requires us to give you access to information but we are also
allowed to charge you for the search work it will take to meet your
request and the copying cost we will incur to comply with your
request. I am forwarding you some more information on the
legitimacy of these charges that is directly copied from a work book
for Maine municipalities that was written to legally guide us in the
application of these State laws.
If after reviewing this
communication you still want me to locate and provide you with a copy
of "all storm water draining channels in the City"
then I will first ask you to provide the City with $250 in advance to
cover the anticipated minimum hours at $10 an hour and copies at
actual cost. I estimate that it will take about 30 days to complete
but I would have to update that estimate after we actually do 10
hours of work. I am sorry that we just do not have a comprehensive
record of all of this in one place that is nicely organized but we
don't. That is a reflection of years of effort by many different
people with many different styles under a broad variety of
conditions.
Your request is the broadest request
this City has seen in the 4 years that I have been here. I will copy
the City Council on this communication so they can better understand
your needs and our capabilities.
You can indeed narrow
your request but in truth we will likely need to look in quite a few
places to make sure we get you the "All" you require. I
welcome anything that you could do to narrow this request. For
example do you really want information on the East Side of Belfast in
as much as your home is on the West side? We have no secret documents
here. Anything you can do that would narrow this request would help
us all.
We will await hearing from you before commencing this
search.
Thank you,
Joe Slocum
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Sent: Thursday,
November 10, 2011 6:36 PM
To: LAURIE
ALLEN
Cc: Councilors; Jennika Lundy
Subject: Further
follow up on your November 3rd request
Ms.
Allen,
The photographic Map that show the stream behind your
house in 1957 ,before any house in your neighborhood existed, remains
in Jennika's office for the convenience of your inspection. So is the
second Aerial photo map from 1997 where your house and neighborhood
is depicted- showing the very same stream. I wrote to you and we have
not heard back from you on your interest in seeing these Maps. I
can't copy them in house and will be pleased to have them copied for
you when you bring the money in that such copies cost. Once you see
them you may be in a better position to decide whether you want
copies.
I have found NO maps that depict all storm water
channels draining into the culvert at the top of Seaview Terrace. I
am continuing to look for any Maps I can find that show storm
drain channels draining into the stream that moves through the
culvert at the top Seaview Terrace near Route #1. You may wish to
contact the State to ask them if they have any maps of any drainage
they have going into this stream. I am not sure who you would
ask but perhaps the State officials who came to your neighborhood and
inspected this stream could assist you with that.
It is
my understanding that you have the flood maps of your area. If not
let me know and I will get you copies.
I have found
no maps of storm water channels draining into the stream at your
private property. That being said it is possible that the two small
culverts (10-12 inches) underneath the road at 45 and 49 were indeed
built by the City. It would have been a long time ago and I have no
maps of them but they are readily visible. I did confirm with Bob
Richards, our DPW Director, that about 8 years ago a ditch that
carried water off the road and also from the abutting private
property was overgrown and the public works crew- in a maintenance
effort and with the permission of the property owner did indeed go in
and clear out the growth in that existing ditch. That is my best
understanding of what happened. The only reason for the City to do
this was because the water was starting to back up onto the road
which the City wanted to clear it off.
Although I
do not generally do research for anyone as that is not what the
Freedom of Information Act requires, I did look up this statute which
I believe supports the City's obligation and right to put small 2
culverts under the road and to maintain this ditch that public works
removed the growth
from.
___________________________________________________
3202§3252
Title
23: HIGHWAYS
Part
3: LOCAL HIGHWAY LAW
Chapter
305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter
5: DRAINAGE AND WATERCOURSES
j.Snow removal. The plan shall provide for storage of snow accumulation or removal from the site.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, such as a floodplain ordinance, grading ordinance, and erosion control ordinance, and other applications of police power. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(Joe Slocum from full email below dated 8/11/2011) - 2. I do not believe the City created this stream. Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream means to me that this is a natural stream. Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.
Belfast ordinance below
Stormwater and all other unpolluted drainage may be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet, if in accordance with regulations of the state department of environmental protection.
(Ord. No. 45-1999, § 600.2, 2-1-2000)
- Where the stream was is moot point. Once moved, it is not natural. Move confirmed by City Attorney, Bill Kelly;s confession in letter to Council dated 12/27/11 (after another ONE OF MY SURPRISE VISITS where honest City Assessor Bob Whiteley had the original (with held, buried and denied from my original 5/2010 request to City Planner Wayne Marshall) plans for Seaview Terrace. Now they are forced to bring in City Attorney Bill Kelly to speak for them and begin illegal, unethical tactics to silence me. Out comes another with held engineer report on my home in 1987 and the idiots think that will suffice in getting them off the hook. See www.belfastbullies3.blogspot.com for full documents.) But here is the admission that we are not a natural outlet- a man-made ditch was dug after Developer Wendell McLeod purchased this parcel. The ditch was to take runoff from his Trailer Park (McLeod Trailer Park) on Lower Congress St. through this parcel he owned and then to the bay. The Route 1 bypass had not been built yet. Case closed. Slaughter by planned forced water can result in death/murder. City Attorney Bill Kelly letter and reading of letter @ 1/4/12 City Council Meeting as well as the with held Belfast City Engineer 1987 Report specific to my property originally owned by Dr. Caswell!! I had requested all history of Seaview Terrace and my property in 5/2011. They buried it all and slammed the door in my face.
- William S.Kelly, Esq.Kristin Collins,Esq96 High St.Belfast Me 04915kellylaw@bluestreakme.com12/27/2011Re:Flood Plain Issue/Seaview TerraceDear Council Members:I have had an opportunity to review the record evidence and information available relating to claims of Laurie Allen relative to the stream/drainage swale behind her house. I have reviewed the records from the Public Works Department, Assessor's office, the Code Enforcement office and the Clerk's office. These records have largely consisted of aerial photography, notebook logs, Council meeting minutes relating to Seaview Terrace from 1965 to 1975, copies of a 1987 engineering report (attached hereto), United States Geologic Service floodplain maps, the original subdivision and amended subdivision plans relating to the private development which is now served by Seaview Terrace, as well as e-mails and correspondence which have occurred between Ms. Allen and various City officials. Finally, I have also reviewed the statutory and common law that are applicable. I have also spoken with Bob Richards, Bob Whiteley, Wayne Marshall and Joe Slocum.I conclude that the City Of Belfast has no right, title, interest or obligation to maintain the stream/flood and drainage swale which burdens Ms. Allen's property.I am significantly influenced by the fact that in 1987, an engineer was hired by the City as is referenced in the attached document, and he found no evidence of any obligation of the City to maintain the stream/drainage swale in that area at that time. That was 24 years ago. I have to assume that when the matter was freshly being discussed in 1987, they also looked at the historical evidence of the prior 20 years in terms of any control or maintenance over that drainage swale as exercised by the City. I have not found any evidence that the City was ever deeded any form of easement or took control of it.It is significant that the stream/drainage swale on Ms.Allen's property was part of a significant system that is topographically driven such that water comes from near the Robertson School, flows down and through, by and along the northerly side of Seaview Terrace, then crosses Northport Avenue,then courses through an underground drainage system at the hospital and then through City Park to the Bay. The aerial evidence, including the photograph from 1957, confirms that this natural drainage system has been in existence since at least 1939, clearly demonstrating the existence of the stream well before any approval or development of the Seaview Terrace subdivision.I will also say that there is no question in my mind that the stream/drainage swale was moved at some point after the subdivision was approved as originally and then amended in 1965/66. This clearly was a matter that benefited the private landowner in terms of moving the stream/drainage swale in a northerly direction and away from the Seaview Terrace road. Using some simple scaling, it appears, based on an aerial photography, that the stream/drainage swale may have been moved approximately 35 or 40 feet in a northerly direction; however, as depicted on present day maps and considering the stream/drainage swale location as depicted on the 1965 topographical subdivision map, it is clear that while the stream/drainage swale has been moved, it has at all times been located within the boundary lines of the lot that Ms. Allen now owns. Again, having seen no evidence whatsoever that the City controlled or developed private real property, and I would not expect it to do so, I come to the conclusion that the diversion or relocation of the stream/drainage swale was done privately. Significant to note, however, is the fact that the diversion of the stream/drainage swale is what provided for the possibility of most of the actual development of the houses that sit on the northerly side of the Seaview Terrace road. Without moving the stream/drainage swale, the houses on the north side of Seaview Terrace subdivision, including Ms. Allen's property, would not have been buildable.The laws have changed significantly since 1965 and 1966 as to how stream and wetlands are treated and I am under no understanding or belief that there was any law violated when the stream/drainage swale was moved. It is my understanding that there was a site walk with the City Code and Planning Office and a representative from the Maine Department of Environmental Protection, and it was concluded that Ms. Allen qualifies to obtain a $65.00 permit by rule which will allow her to then engage in private mitigation efforts to address any erosion issues on her site.In policy terms, it would be unlawful for the City to use public funds to improve private property, be that for erosion control or any other reason. That said, the City is obligated to maintain the drainage systems and culverts located within the right of ways, as well as those for which the City has obtained an easement over private property. I find no evidence that any failure to maintain/clean out the culvert which crosses Northport Avenue near the intersection with Seaview Terrace in any way caused the erosion that Ms. Allen has described.SUMMARYAs was determined 24 years ago, the drainage issues relating to the lots on the northerly side of Seaview Terrace are private matters. There is no credible evidence that the City of Belfast created, installed or has maintained this stream/drainage swale since 1965 when Seaview Terrace was first approved as a subdivision. City officials are legally precluded from improving private property with public money for any purpose, including private drainage. That said, the City should continue to maintain all existing public culverts at all right of way crossing of the particular flood plain, as it has done in the past. The City may elect to install infrastructure addressing carriage of water under City public streets as the City's elected official deem necessary, but the statute placed that decision solely within the discretion of the City Council. (The end of CA Bill Kelly's Letter. )Below is the 1987 City Consulting Engineer of Belfast A. Neil Finlayson, P.E. findings to Wilma Moses, Belfast City Manager. Mr.Gerry is at 18 Seaview Terrace across the street from me (now owned by Charles Beck) Mrs. McDonald is at 11 Seaview Terrace next door to me (now owned by Rose and Frank Costello) and Dr. Caswell is 17 Seaview Terrace (now owned by me, Laurie Allen) A tri-angle. Stating it is a private property drainage ditch. Not a natural outle/stream. City Manager Joe Slocum knows it is not a natural outlet, knows they are breaking the law and destroying our properties, but keeps on flooding us, lying that he can because it's a natural outlet. Everyone knows it but enables the corruption. Except me.August 26, 1987Subject: Seaview Terrace Drainage ProblemsDear Wilma:The rain water drainage problems which we investigated this morning on Seaview Terrace, are primarily due to the overall topography of the land on which this development was built. In general, the land slopes downward from South to North across Seaview Terrace. In addition, there is a slope form the direction of Route 1 Bypass downwards towards Northport Ave.The owner complaints, as I recall them, are as follows:1. Mr.Gerry states that after heavy rains his basement tends to collect water. (The same problem of basement flooding is a regular feature in many other houses in Belfast.)This problem could be minimized by having Keith Pooler lower the culvert that crosses the road at Mr. Gerry's lot and make sure it is clean inside for maximum water flow from his lot across Seaview Terrace to the boundary between Mrs. McDonald's lot and Dr. Caswell's. In addition, it should be suggested to Mr. Gerry that if he would increase the cross sectional area of his ditch which empties into the City culvert, (now about 6" wide and of equal depth), there would be less tendency for water to collect on his lawn, and thus send its way into his basement.2. Mrs. McDonald says that rain water drainage, after a heavy rain, can rise to the point where it gets into and damage expensive plantings at the easter side of her house. In part, this may be due to water flooding across the road from Mr. Gerry's house. But there is also water coming down on her side of the road from other lots above hers. Lowering and cleaning the culvert in front of Mr.Gerry's house would tend to minimize flooding over the road, but the overall effect with respect to correcting her problem might well be negligible.It should be suggested to Mrs. McDonald that if she had a sizeable ditch dug from the end of the culvert on her side of the road and carried it back to the "Brook", it would probably reduce the flooding of her gardens.3. Dr. Caswell has mentioned that after heavy rains the brook can flood and create problems for all owners whose lots back up to it. He suggests that the City clean it out to reduce this tendency. I have a feeling that this brook is NOTHING MORE THAN A DRAINAGE DITCH PUT IN BY THE DEVELOPER OF THE TRACT.You could suggest to Dr. Caswell that his brook is private property and that if he, and other owners, feel strongly about the problem, that the hire a contractor to clean out the brook to their specifications.Summary:As you mentioned during our visit, the basic cause of the is the topography of the land which the owners bought.Actions:Suggest to the owners:1. Aside from the culvert, which is on a Belfast City street and thus a City responsibility, all other possible corrective actions involve private land and must be carried out by the owners themselves.2. The flooding problems that exist are inherent in the topography of the land that them bought; it has existed pretty much as it is now, from the outset. The problems are not due to any action by the City and are therefore not a direct City responsibility. However, in accordance with your belief that the City should assist the residents with their problems, I have added my thoughts on the action the might take to minimize these problems.Very Truly Yours,A. Neil Finlayson, P.E.City of Belfast Consulting Engineer
From: Joseph Slocum <citymanager@cityofbelfast.org>
Sent: Tuesday,
October 18, 2011 12:37 PM
To: LAURIE ALLEN
Cc: Councilors
Subject: Re: Storm Water Maps Final Request
To: LAURIE ALLEN
Cc: Councilors
Subject: Re: Storm Water Maps Final Request
Ms.
Allen,
You originally came in to see me and claimed that you were denied access to a map that you saw in the planning office. I personally made arrangements to get that map to you. If you don't have it for some reason then please make an appointment to come in and we will go together to see the map and I assure you that I will get you another copy. Since receiving this email yesterday I spoke in person with both City Public Works Director Bob Richards and City Planner Wayne Marshall. There is no map that shows all of the storm draining channels in Belfast
Today you ask for a copy of "all storm water draining channels in the City"
I accept this as a freedom of information request. Under the Freedom of information law I am required to either provide the requested documentation within 5 days or tell you within 5 days how long it will take for us to meet your request and what will be needed to comply with that request.
The City does not have a master set of storm drain maps showing all of the storm drains, ditches and culverts in the City. We would have to do a search through records in the City Manager's Office, City Planners Office, Public Works Department, possibly the Waste Water Department and the Clerks office as well.
We have indeed worked on various Sewer lines over the last 10-12 years and occasionally as apart of those Sewer projects -- installed or replaced some storm drains at the same time we installed new sewer lines. Our records of all private systems would also be included in your request going back as far as our records can go. For example In 1965 or there abouts when your subdivision was approved it does not show the installation of any storm water lines or channels. That is information we would have to check before knowing whether there was storm water draining channels depicted or not. We would have to check a lot of places looking for "ALL" maps. I also do not think we have a record of every drive way culvert we have either installed, repaired or replaced. It is not clear to me that you want information on every driveway culvert which sheds water near the road from the surface of an individuals driveway. We do have some data that has been incorporated recently that shows some of the places where ditches or lines are but it is only reflective as of of 1997 and no one has verified that it is complete. What Wayne Marshall told you was true. The City does not have a map showing the storm water draining channels throughout Belfast.
To comply with your request and to get you copies of "all storm water draining channels throughout Belfast" ,would I estimate take at least 30 to 40 hours of work across all of these various Departments and potentially more. A single copy of a single page of a 26 X 36 blue print map could cost $5 to $10 a page to reproduce at County Copy. Imagine for a moment how many pages of blueprints there are relating to the development of the MBNA properties.
The law requires us to give you access to information but we are also allowed to charge you for the search work it will take to meet your request and the copying cost we will incur to comply with your request. I am forwarding you some more information on the legitimacy of these charges that is directly copied from a work book for Maine municipalities that was written to legally guide us in the application of these State laws.
If after reviewing this communication you still want me to locate and provide you with a copy of "all storm water draining channels in the City" then I will first ask you to provide the City with $250 in advance to cover the anticipated minimum hours at $10 an hour and copies at actual cost. I estimate that it will take about 30 days to complete but I would have to update that estimate after we actually do 10 hours of work. I am sorry that we just do not have a comprehensive record of all of this in one place that is nicely organized but we don't. That is a reflection of years of effort by many different people with many different styles under a broad variety of conditions.
Your request is the broadest request this City has seen in the 4 years that I have been here. I will copy the City Council on this communication so they can better understand your needs and our capabilities.
You can indeed narrow your request but in truth we will likely need to look in quite a few places to make sure we get you the "All" you require. I welcome anything that you could do to narrow this request. For example do you really want information on the East Side of Belfast in as much as your home is on the West side? We have no secret documents here. Anything you can do that would narrow this request would help us all.
We will await hearing from you before commencing this search.
Thank you,
Joe Slocum
You originally came in to see me and claimed that you were denied access to a map that you saw in the planning office. I personally made arrangements to get that map to you. If you don't have it for some reason then please make an appointment to come in and we will go together to see the map and I assure you that I will get you another copy. Since receiving this email yesterday I spoke in person with both City Public Works Director Bob Richards and City Planner Wayne Marshall. There is no map that shows all of the storm draining channels in Belfast
Today you ask for a copy of "all storm water draining channels in the City"
I accept this as a freedom of information request. Under the Freedom of information law I am required to either provide the requested documentation within 5 days or tell you within 5 days how long it will take for us to meet your request and what will be needed to comply with that request.
The City does not have a master set of storm drain maps showing all of the storm drains, ditches and culverts in the City. We would have to do a search through records in the City Manager's Office, City Planners Office, Public Works Department, possibly the Waste Water Department and the Clerks office as well.
We have indeed worked on various Sewer lines over the last 10-12 years and occasionally as apart of those Sewer projects -- installed or replaced some storm drains at the same time we installed new sewer lines. Our records of all private systems would also be included in your request going back as far as our records can go. For example In 1965 or there abouts when your subdivision was approved it does not show the installation of any storm water lines or channels. That is information we would have to check before knowing whether there was storm water draining channels depicted or not. We would have to check a lot of places looking for "ALL" maps. I also do not think we have a record of every drive way culvert we have either installed, repaired or replaced. It is not clear to me that you want information on every driveway culvert which sheds water near the road from the surface of an individuals driveway. We do have some data that has been incorporated recently that shows some of the places where ditches or lines are but it is only reflective as of of 1997 and no one has verified that it is complete. What Wayne Marshall told you was true. The City does not have a map showing the storm water draining channels throughout Belfast.
To comply with your request and to get you copies of "all storm water draining channels throughout Belfast" ,would I estimate take at least 30 to 40 hours of work across all of these various Departments and potentially more. A single copy of a single page of a 26 X 36 blue print map could cost $5 to $10 a page to reproduce at County Copy. Imagine for a moment how many pages of blueprints there are relating to the development of the MBNA properties.
The law requires us to give you access to information but we are also allowed to charge you for the search work it will take to meet your request and the copying cost we will incur to comply with your request. I am forwarding you some more information on the legitimacy of these charges that is directly copied from a work book for Maine municipalities that was written to legally guide us in the application of these State laws.
If after reviewing this communication you still want me to locate and provide you with a copy of "all storm water draining channels in the City" then I will first ask you to provide the City with $250 in advance to cover the anticipated minimum hours at $10 an hour and copies at actual cost. I estimate that it will take about 30 days to complete but I would have to update that estimate after we actually do 10 hours of work. I am sorry that we just do not have a comprehensive record of all of this in one place that is nicely organized but we don't. That is a reflection of years of effort by many different people with many different styles under a broad variety of conditions.
Your request is the broadest request this City has seen in the 4 years that I have been here. I will copy the City Council on this communication so they can better understand your needs and our capabilities.
You can indeed narrow your request but in truth we will likely need to look in quite a few places to make sure we get you the "All" you require. I welcome anything that you could do to narrow this request. For example do you really want information on the East Side of Belfast in as much as your home is on the West side? We have no secret documents here. Anything you can do that would narrow this request would help us all.
We will await hearing from you before commencing this search.
Thank you,
Joe Slocum
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Sent: Thursday, November 10, 2011 6:36 PM
To: LAURIE ALLEN
Cc: Councilors; Jennika Lundy
Subject: Further follow up on your November 3rd request
Sent: Thursday, November 10, 2011 6:36 PM
To: LAURIE ALLEN
Cc: Councilors; Jennika Lundy
Subject: Further follow up on your November 3rd request
Ms.
Allen,
The photographic Map that show the stream behind your house in 1957 ,before any house in your neighborhood existed, remains in Jennika's office for the convenience of your inspection. So is the second Aerial photo map from 1997 where your house and neighborhood is depicted- showing the very same stream. I wrote to you and we have not heard back from you on your interest in seeing these Maps. I can't copy them in house and will be pleased to have them copied for you when you bring the money in that such copies cost. Once you see them you may be in a better position to decide whether you want copies.
I have found NO maps that depict all storm water channels draining into the culvert at the top of Seaview Terrace. I am continuing to look for any Maps I can find that show storm drain channels draining into the stream that moves through the culvert at the top Seaview Terrace near Route #1. You may wish to contact the State to ask them if they have any maps of any drainage they have going into this stream. I am not sure who you would ask but perhaps the State officials who came to your neighborhood and inspected this stream could assist you with that.
It is my understanding that you have the flood maps of your area. If not let me know and I will get you copies.
I have found no maps of storm water channels draining into the stream at your private property. That being said it is possible that the two small culverts (10-12 inches) underneath the road at 45 and 49 were indeed built by the City. It would have been a long time ago and I have no maps of them but they are readily visible. I did confirm with Bob Richards, our DPW Director, that about 8 years ago a ditch that carried water off the road and also from the abutting private property was overgrown and the public works crew- in a maintenance effort and with the permission of the property owner did indeed go in and clear out the growth in that existing ditch. That is my best understanding of what happened. The only reason for the City to do this was because the water was starting to back up onto the road which the City wanted to clear it off.
Although I do not generally do research for anyone as that is not what the Freedom of Information Act requires, I did look up this statute which I believe supports the City's obligation and right to put small 2 culverts under the road and to maintain this ditch that public works removed the growth from.
___________________________________________________
3202§3252
The photographic Map that show the stream behind your house in 1957 ,before any house in your neighborhood existed, remains in Jennika's office for the convenience of your inspection. So is the second Aerial photo map from 1997 where your house and neighborhood is depicted- showing the very same stream. I wrote to you and we have not heard back from you on your interest in seeing these Maps. I can't copy them in house and will be pleased to have them copied for you when you bring the money in that such copies cost. Once you see them you may be in a better position to decide whether you want copies.
I have found NO maps that depict all storm water channels draining into the culvert at the top of Seaview Terrace. I am continuing to look for any Maps I can find that show storm drain channels draining into the stream that moves through the culvert at the top Seaview Terrace near Route #1. You may wish to contact the State to ask them if they have any maps of any drainage they have going into this stream. I am not sure who you would ask but perhaps the State officials who came to your neighborhood and inspected this stream could assist you with that.
It is my understanding that you have the flood maps of your area. If not let me know and I will get you copies.
I have found no maps of storm water channels draining into the stream at your private property. That being said it is possible that the two small culverts (10-12 inches) underneath the road at 45 and 49 were indeed built by the City. It would have been a long time ago and I have no maps of them but they are readily visible. I did confirm with Bob Richards, our DPW Director, that about 8 years ago a ditch that carried water off the road and also from the abutting private property was overgrown and the public works crew- in a maintenance effort and with the permission of the property owner did indeed go in and clear out the growth in that existing ditch. That is my best understanding of what happened. The only reason for the City to do this was because the water was starting to back up onto the road which the City wanted to clear it off.
Although I do not generally do research for anyone as that is not what the Freedom of Information Act requires, I did look up this statute which I believe supports the City's obligation and right to put small 2 culverts under the road and to maintain this ditch that public works removed the growth from.
___________________________________________________
3202§3252
Title
23: HIGHWAYS
Part
3: LOCAL HIGHWAY LAW
Chapter
305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter
5: DRAINAGE AND WATERCOURSES
§3251. Ditches, drains and culverts; control; damages
The
municipal officers of a town may at the expense of the town construct
ditches, drains and culverts to carry water away from any highway or
road therein, and over or through any lands of persons or
corporations, when they deem it necessary for public convenience or
for the proper care of such highway or road, provided no such ditch,
drain or culvert shall pass under or within 20 feet of any dwelling
house without the consent of the owner thereof. Such ditches, drains
and culverts may be constructed under such highways or roads. Such
ditches, drains or culverts shall be under the control of said
municipal officers and interference therewith may be punishable by a
fine of not more than $500 or by imprisonment for not more than 3
months, or by both. If such town does not maintain and keep in repair
such ditches, drains and culverts, the owner or occupant of the lands
through or over which they pass may have his action against the town
for damages thereby sustained.
Before
land is so taken, notice shall be given and damages assessed and paid
therefor as is provided for the location of town ways.
__________________________________________________
Your
email of November 3rd says the City has directly contributed to
the erosion of your yard and your road. The road was accepted
by the City when your subdivision was approved. In all honesty
I can not see what the City has done that has affected anything in
your neighborhood that was not there long before your houses were
built. That is what I had hoped that you would see if you would just
come in and look at the photo's from 1957. Every house lot and
property on Seaview View Terrace- including your own appears to put
water into this stream. It is the natural drainage way that has been
there forever. When I visited your property the ditch that runs the
full length of your property between you and your Northerly neighbor
appears to drain your yards.
I
hear three different financial requests from you.
1.
Reduce your taxers and I understand the Assessor is currently
evaluating that. I hope he is in contact with you next week when he
returns from sick leave.
2.
The City should just install storm drains on your street. We do not
have them on many, many streets in the City because they are so
expensive to install. Today the City would not likely accept a
subdivision that did not come with its own storm drain system. This
is a policy question in my mind - not a legal one.
3.
Finally you mention the damage to your property. I have asked several
times that you send me a communication that asks for payment for
whatever you think your damages are and I will send it onto the
City's Insurance Company. Please send communication along to me so
that they can do their own review and respond to your claim. I can't
write it for you because it is your claim to make.
I
will continue to look for more information and I am sending this to
the Council so they will know how we are trying to respond to your
requests.
Please
do not hesitate to send either me or Jennika any request that you may
have.
Thank
you,
Joe
Slocum
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Sent: Tuesday,
January 17, 2012 4:06 PM
To: LAURIE ALLEN;
Councilors; Wayne Marshall; William S. Kelly; Jennika
Lundy
Subject: Further action on your concerns
Laurie,
Thank
you for your email of January 13th which asks
"Please
confirm that the City of Belfast including City Officials,City
Council, City Manager, City Planner, Tax Assessor, and the
Planning Board are not taking any action in all of the concerns
I have presented since May 2011 to present."
William
Kelly, City Attorney, provided to the Council and to you a letter
dated December 27, 2011 that I believe summarizes the City position
regarding drainage issues you have raised regarding your property
located at 17 Seaview Terrace. This letter was publicly
discussed at the City Council meeting of January 3, 2012 which you
attended. This letter speaks for itself. The City views the drainage
issues you have raised as a private issue and not a public issue. As
such, the City will not and cannot expend any public funds to address
the private drainage issues associated with your property. I
do not anticipate any further action on this issue from the City
Council, myself as City Manager, City Planner, City Assessor or City
Public Works Director.
You
also asked about action which the Planning Board may take in response
to your concerns. The Planning Board, per City Charter and
City Ordinances, is responsible for the review of certain
applications for development, such as but not limited to subdivisions
and site plans, to determine compliance with City Ordinances. There
is no review process of Planning Board decisions by the City Council
or by the City Manager. Under the law, those reviews are for the
Zoning Board of Appeals and if necessary, the Courts.
As
an example, in your area, the Planning Board most recently reviewed
an application by Waldo County General Hospital to construct a new
office building. The Board found that this proposal
satisfied all City Ordinance requirements and voted in June 2011 to
approve this project. The statutory appeal period
regarding that decision ended in late July.
It’s
my understanding, the City’s Tax Assessor has advised you that your
property assessment will not be lowered because you have a stream and
some erosion in your back yard. I am not anticipating any further
work from the Tax Assessor unless you have asked for an assessment
review based upon some other issues.
I
believe I have referenced above the key complaints that you have
raised in your many communications. I would like to be as responsive
as I can be. If there is a specific concern you have raised since May
2011 other than the ones I have addressed above then please let me
know what that issue is and I will give you a more specific
response.
Thank
you for expressing these concerns. At this point in time I see no
further action contemplated by the Council or myself, aside from
continuing to respond to your document request, as we go forward.Each
of these request are being reviewed by the City Attorney to make sure
that our actions are both legal and responsive.
Sincerely,
Joseph
J. Slocum
City
Manager
rom:LAURIE
ALLEN
Sent: Wednesday, January 25, 2012
8:48 AM
Subject: Stormwater/Noise Ordinance
vs State Law
Marina
Delune,
Last night at the MFOIC meeting at the Belfast Free
Library, I learned that you must answer my questions in regard to
local ordinance vs State Law.
Your response will dictate
direction of District Attorney assistance.
1. Does the City of
Belfast site construction storm water draining ordinance over ride
Maine State law for site construction storm water draining?
2.
Does the City of Belfast ordinance for resident storm water draining
by accumulating and draining to another, enhanced by the City of
Belfast on 10/1/09 with heavy equipment on private property, over
ride Maine State Law stating it is illegal to accumulate/puddle storm
water and send to another?
3. Please provide the City of
Belfast ordinances for all storm water rules.
4. Does the City
of Belfast noise level ordinance provided to me at 75 dBA over ride
Maine State law of 60dBA and below?
Previous responses of not
knowing anything about storm water or unable to request records are
unacceptable. I am requesting for this information to be reviewed and
deemed acceptable by you before forwarding to me.
Please
provide a reasonable time frame that I can expect these answers
before I am forced to appear before the Council for such.
Please
respond on your ward 1 email, not your personal email
address.
Sincerely,
Laurie Allen
17 Seaview Terrace
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Date:
Wed, Feb 1, 2012 at 2:51 PM
Subject:
City Staff will respond to information requests
To:
Jennika Lundy <jlundy@cityofbelfast.org>
Dear Ms.
Allen,
Recently
you sent Council Member Marina DeLune asking for a variety of
information. This email has been referred to this office. These types
of inquiries really should be sent to the City Manager as I have the
full time responsibility for all City activity. Council Members do
not direct Department Heads or their offices. That is the
responsibility for the City Managers Office and the Council oversees
the Manager’s office. I ask all Council members to send in all
requests for information to this office so that we can manage the
response. If this office acts improperly then our conduct can be
reviewed by the Council.
We
will make a real effort to do our best to respond to you in a timely
and accurate manner. To do this we are having your requests go
through this office and the City Attorney is helping us make sure
that our responses to you are legal and proper.
In
reviewing your email I want to let you know that the City does not
provide legal advice to private citizens as that would be a conflict.
It appears that your questions are best addressed to a
private attorney who practices municipal law. If your attorney
feels that we are not acting properly they may correspond with the
City Attorney, William Kelly Esq.. Mr. Kelly will respond
to your attorney as interpretation of local Ordinances and State law
can be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain rules Wayne Marshall, City
Planner will need to go through the various sections of the Zoning
Ordinance as not ever rule or provision is in the same place. He will
have that for you later this week. If you have a specific question
about how something applies you can refer your question directly to
Wayne.
--
Joseph
J. Slocum
Belfast
City Manager
p) 207.338.3370
x:10
f) 207.338.2419
From: LAURIE
ALLEN
Sent: Thursday, February 02, 2012
9:40 AM
Subject: FW: City Staff will
respond to information requests
Marina,
I
cannot put myself between all this City jargon and
juggling. My email is to be answered specifically through
you only. If you cannot deicipher through your officials, then
please forward to the DA and copy me.
Sincerely,
Laurie
Allen
Jennika
Lundy is City Manager Joe Slocum's administrative assistant.
Officials are deflecting accountability by appointing Jennika as my
point of contact. Jennika is sweet, loyal to City Hall and this is
not her job, nor is she qualified to respond in place of Officials.
Officials are using her as scapegoat. City Attorney Bill Kelly, City
Planner Wayne Marshall and City Manager Joe Slocum are refusing to
respond to my requests for public information directly. Appointing
Jennika is appointing heresay. Jennika even states this in a later
email. Later City Attorney Bill Kelly exerts the hammer. I don't
think so.
Date:
Tue, 19 Jun 2012 15:48:57 -0400
Subject:
Re: FW: Information for Ms. Allen/Cnfm Officals Approve Wayne/Waive
Fee
From:
managersupport@cityofbelfast.org
To:
laurieallen55@msn.com
Hi
Laurie
I
am not authorized nor qualified to comment on what other
employees provide to you.
The City
of Belfast does not have a policy regarding waiver of fees
for costs of copying documents within the City records. I have
contacted the City Attorney and he advises that if you submit an
affidavit describing your assets and liabilities on a confidential
basis, then he and the City Manager will discuss creating such a
policy, as you are the first such person to make a request. I
believe the Code and Planning Office has a general rule about how
many copies they will make for someone before they begin charging,
however they are not able to make large format copies, and always
charge for outsourced printing requests. If you would like to
document your financial hardship for consideration of fee waiving,
please feel free to do so.
Take care,
Jennika
rom:
mpercival@midmaine.com
To:
laurieallen55@msn.com
CC:
managersupport@cityofbelfast.org; jslocum@cityofbelfast.org;
planner@cityofbelfast.org
Subject:
Re: City Staff will respond to information requests
Date:
Mon, 6 Feb 2012 18:25:34 -0500
I am sorry. Laurie. I will
read your requests, and forward them on to Jennika. She will work
with Wayne, Joe, and Bill Kelly to see that your requests are
answered.
If after a week has passed
and your request has not been answered, please feel free to email me
again and let me know so that I can forward it on to Jennika as a
reminder.
It is not my role as a councilor to deal with the individual
requests of citizens. Your requests often require specialized
knowledge which I do not have, nor do have the time. I get an $84 a
month stipend to perform my duties, which primarily is to set policy.
I am sorry this is not the way you would like to do things, but
you haven't had a problem with Jennika, and things would work best if
you would just contact her directly.
Best wishes,
Marina
From: LAURIE
ALLEN <laurieallen55@msn.com>
Sent: Tuesday,
February 7, 2012 8:01 AM
To: mpercival@midmaine.com;
LAURIE ALLEN
Cc: rosicostello@gmail.com; Erin Wofford;
charlesbeck7@gmail.com
Subject: RE: City Staff will
respond to information requests 1/25/12
Marina,
No,
as Council you cannot pick and choose. I do not accept your
refusal to perform your duties. Setting policy requires being
informed and educated. Your refusal is directly affecting my
home, my protection, my life, my presence to provide
for my children and contribute to humanity.
Again,
I cannot put myself between all this City jargon and juggling.
My email is to be answered specifically through you only. If you
cannot decipher through your officials, then please
forward to the DA and copy me.
Sincerely,
Laurie
Allen
Marina takes the 5th.
From:
laurieallen55@msn.com
To:
managersupport@cityofbelfast.org; ward1councilor@cityofbelfast.org;
ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org;
ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org;
mayor@cityofbelfast.org
Subject:
Legal Advise for Mr Hand, Ordinance Lies
Date:
Wed, 16 May 2012 09:31:50 -0400
To
City Manager, Council and Mayor,
1. At the 5/15/2012 City
Council Meeting, Joe Slocum, City Manager advised that he is seeking
legal advise for Mr. Hand in actions against me. However, Mr. Slocum
refused to advise me. and also refused to provide the very simple
storm water ordinance that I have requested for over a year. It
miraculously appeared on the City's Website after Wayne Marshall
sent a slew of words that did not pertain and were clearly an effort
to confuse me and to try once again to make this a legal battle using
our tax dollars. That email and the ordinance I found that proves the
City is illegally sending City storm water to Seaview Terrace private
property. This is so foul, we deserve better of our officials and not
have a "Bully Reality Show" to be aired at public meetings.
Council, please advise if you have any intentions of resolving this
matter. You have the authority to make this
right.
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Date:
Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to
information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
Dear Ms.
Allen,
Recently
you sent Council Member Marina DeLune asking for a variety of
information. This email has been referred to this office. These types
of inquiries really should be sent to the City Manager as I
have
the full time responsibility for all City activity. Council Members
do not direct Department Heads or their offices. That is the
responsibility for the City Managers Office and the Council oversees
the Manager’s office. I ask all Council members to send in all
requests for information to this office so that we can manage the
response. If this office acts improperly then our conduct can be
reviewed by the Council.
We
will make a real effort to do our best to respond to you in a timely
and accurate manner. To do this we are having your requests go
through this office and the City Attorney is helping us make sure
that our responses to you are legal and proper.
In
reviewing your email I want to let you know that the City does not
provide legal advice to private citizens as that would be a conflict.
It appears that your questions are best addressed to a
private attorney who practices municipal law. If your attorney
feels that we are not acting properly they may correspond with the
City Attorney, William Kelly Esq.. Mr. Kelly will respond
to your attorney as interpretation of local Ordinances and State law
can be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain
rules Wayne Marshall, City Planner will need to go through the
various sections of the Zoning Ordinance as not ever rule or
provision is in the same place. He will have that for you later this
week. If you have a specific question about how something applies you
can refer your question directly to Wayne.
--
Joseph
J. Slocum
Belfast
City Manager
p) 207.338.3370
x:10
f) 207.338.2419
2.
Joe Slocum and Wayne Marshall also refused to provide the very simple
storm water ordinance that I have requested for over a year. It
miraculously appeared on the City's Website after Wayne Marshall
sent a slew of words that did not pertain and were clearly an effort
to confuse me and to try once again to make this a legal battle using
our tax dollars. That email and the ordinance I found that proves the
City is illegally sending City storm water to Seaview Terrace private
property.
a. Per Joe Slocum "Mr. Kelly will respond to
your attorney as interpretation of local Ordinances and State law can
be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain rules Wayne Marshall, City
Planner will need to go through the various sections of the Zoning
Ordinance as not ever rule or provision is in the same place. He will
have that for you later this week. If you have a specific question
about how something applies you can refer your question directly to
Wayne."
b.
Miraculous appearance of simple, no attorney interpretation needed
storm water ordinance-
Stormwater
and all other unpolluted drainage may be discharged to such sewers as
are specifically designated as stormsewers,
or to a natural outlet approved by the city. Industrial cooling water
or unpolluted process waters may be discharged, on approval of the
city, to a storm sewer
or natural outlet, if in accordance with regulations of the state
department of environmental protection.
(Ord.
No. 45-1999, § 600.2, 2-1-2000)Except as provided in this
article, no person shall discharge or cause to be discharged any of
the following described waters or wastes to any public sewer:
(11)
Any
stormwater, roof drainage, spring water, cistern or tank overflow,
footing drainage, or discharge from any vehicle wash rack or water
motor, or the contents of any privy vault, septic tank or cesspool,
or the discharge of effluent from any air conditioning machine or
refrigeration unit.
3.
Being dishonest and unethical again, Wayne Marshall gave me this
ordinance?? instead, and to meet with him privately...
Dear
Ms. Allen:
Your email of April 18 to Jennika Lundy was
referred to me and I was requested to respond.
You requested
information from the City Code of Ordinances regarding stormwater
management regulations. I believe the information I provided to Ms.
Lundy which she emailed to you on April 3rd is very comprehensive and
specific and that it fully responds to your request for information.
I have included this same information below.You can access all of the
following information on the City website,cityofbelfast.org,
Information can be found under the heading City Government. You
should click on the tab labeled, City Ordinances. The table of
contents and the accompanying drop down menu included on the left
side of the municipal code website can be used to reference each of
the citations I provided. For example, the first citation;
Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and
1124, includes the specific Ordinance citations in the Environmental
Standards that address applicable regulations for stormwater and
sedimentation and erosion.
Information from April 3rd Email:
Chapter
102, Zoning, Article IX, Performance Standards, Division 2,
Environmental Standards, Section 102-1123 and 1124 --- Note: These
standards apply to all residential uses in Belfast and
non-residential uses that are not located in one of the zoning
districts identified below. These standards were first adopted in the
mid-1980's and there have been few changes since their
adoption.
Chapter 102 Zoning, Article IX, Performance
Standards, Division 3, Nonresidential Performance Standards for the
Rte 3 Commercial Zoning District, reference Section 102-1197.
Division 4, Nonresidential Performance Standards for the Route 1
South Commercial, Searsport Avenue Commercial, Searsport Avenue
Waterfront, Route 141 and Mill Lane Commercial and Route 137
Commercial zoning districts; reference Section 102-1260. (Note -
Standard is essentially identical to the Rte 3 standard). Lastly,
Division 5, Nonresidential Performance Standards for the Office Park
zoning district; reference section 102-1315. (Note - This standard
also is essentially identical to the Rte 3 standard). I note that
these nonresidential performance standards ONLY apply to
nonresidential uses in the above listed zoning districts. All of the
above standards were adopted in 2001, when the above zoning districts
replaced the Highway Commercial zoning districts.
Chapter 98,
Technical Standards, Article III, Street Design Standards, Section
98-88, Stormwater Collection. Article IV, Street Construction
Specifications, particularly sections 98-127, curbing and 98-128,
Culverts. Article VI., Water Quality, nearly all sections. The
Technical Standards were first adopted in November 1998, and are used
to implement Chapter 90, Site Plan Ordinance, the City Subdivision
Ordinance, and the Zoning Ordinance. While the parking standards
section has been overhauled, few changes have been made to other
sections of the Technical Standards Ordinance (Chapter 98) since its
adoption.
Chapter 90, Site Plan. This Ordinance applies only
to projects which require a Site Plan permit. Few individual
residences will require a site plan, however, a housing project would
require review as a Site Plan. Refer to Chapter 90, Site Plans,
Article II, Review Criteria and Procedures, Section 90-41, CE)
review, paragraph 16, Stormwater, and Section 90-42 Planning Board
Review, paragraph 16, Stormwater. Also, Refer to Article III,
Preliminary Plan, Section 90-72, Required Information, Paragraph 14,
Drainage/erosion, and paragraph 15, Utilities. Article IV, Final
Plan, Section 90-102, Required Information, which requires final
engineering for information presented in the preliminary plan noted
above.
Subdivision Ordinance. Chapter 1, Section VII- Review
Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm
Drainage Construction Standards. I note that the standards in Chapter
Three largely have been supplanted by the Chapter 98, Technical
Standard.
Chapter 82, Shoreland. I first note that these
standards only apply to property located within the Shoreland zone as
such is depicted on the City of Belfast Shoreland Map. Reference
Article V, Land Use Standards, Division 9, Stormwater Control.
I
believe the above citations identify most if not all City standards
that apply to stormwater management concerns. I specifically note
that many of the standards apply to specific areas (e.g. Shoreland,
Rte 3 Commercial) or specific types of development (e.g. Site Plan
and Subdivision). Let me know if any questions.
You also
asked if the information I identified is current. I will affirm that
there have been no changes to the City
Code
of Ordinances that would affect any of the above referenced
Ordinances regarding stormwater within the last 15+ months; post
January 1, 2011. Further, I will affirm that there have been no
changes to City Ordinances regarding stormwater that would apply to
your property for a period of no less than 5 years.
If
you would like assistance in reviewing the City Code of Ordinances to
identify any of the above citations I am available to offer that
assistance.
On behalf of the City of
Belfast,
Wayne
Marshall
City Planner
City of Belfast
131 Church St
Belfast,
ME 04915
207-338-1417 x
25(phone)
207-338-1605(fax)
wmarshall@cityofbelfast.org
___________________________________________________________________________________
Sincerely,
Laurie
Allen
The
municipal officers of a town may at the expense of the town construct
ditches, drains and culverts to carry water away from any highway or
road therein, and over or through any lands of persons or
corporations, when they deem it necessary for public convenience or
for the proper care of such highway or road, provided no such ditch,
drain or culvert shall pass under or within 20 feet of any dwelling
house without the consent of the owner thereof. Such ditches, drains
and culverts may be constructed under such highways or roads. Such
ditches, drains or culverts shall be under the control of said
municipal officers and interference therewith may be punishable by a
fine of not more than $500 or by imprisonment for not more than 3
months, or by both. If such town does not maintain and keep in repair
such ditches, drains and culverts, the owner or occupant of the lands
through or over which they pass may have his action against the town
for damages thereby sustained.
Before
land is so taken, notice shall be given and damages assessed and paid
therefor as is provided for the location of town ways.
__________________________________________________
Your
email of November 3rd says the City has directly contributed to
the erosion of your yard and your road. The road was accepted
by the City when your subdivision was approved. In all honesty
I can not see what the City has done that has affected anything in
your neighborhood that was not there long before your houses were
built. That is what I had hoped that you would see if you would just
come in and look at the photo's from 1957. Every house lot and
property on Seaview View Terrace- including your own appears to put
water into this stream. It is the natural drainage way that has been
there forever. When I visited your property the ditch that runs the
full length of your property between you and your Northerly neighbor
appears to drain your yards.
I
hear three different financial requests from you.
1.
Reduce your taxers and I understand the Assessor is currently
evaluating that. I hope he is in contact with you next week when he
returns from sick leave.
2.
The City should just install storm drains on your street. We do not
have them on many, many streets in the City because they are so
expensive to install. Today the City would not likely accept a
subdivision that did not come with its own storm drain system. This
is a policy question in my mind - not a legal one.
3.
Finally you mention the damage to your property. I have asked several
times that you send me a communication that asks for payment for
whatever you think your damages are and I will send it onto the
City's Insurance Company. Please send communication along to me so
that they can do their own review and respond to your claim. I can't
write it for you because it is your claim to make.
I
will continue to look for more information and I am sending this to
the Council so they will know how we are trying to respond to your
requests.
Please
do not hesitate to send either me or Jennika any request that you may
have.
Thank
you,
Joe
Slocum
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Sent: Tuesday, January 17, 2012 4:06 PM
To: LAURIE ALLEN; Councilors; Wayne Marshall; William S. Kelly; Jennika Lundy
Subject: Further action on your concerns
Sent: Tuesday, January 17, 2012 4:06 PM
To: LAURIE ALLEN; Councilors; Wayne Marshall; William S. Kelly; Jennika Lundy
Subject: Further action on your concerns
Laurie,
Thank you for your email of January 13th which asks
"Please confirm that the City of Belfast including City Officials,City Council, City Manager, City Planner, Tax Assessor, and the Planning Board are not taking any action in all of the concerns I have presented since May 2011 to present."
Thank you for your email of January 13th which asks
"Please confirm that the City of Belfast including City Officials,City Council, City Manager, City Planner, Tax Assessor, and the Planning Board are not taking any action in all of the concerns I have presented since May 2011 to present."
William
Kelly, City Attorney, provided to the Council and to you a letter
dated December 27, 2011 that I believe summarizes the City position
regarding drainage issues you have raised regarding your property
located at 17 Seaview Terrace. This letter was publicly
discussed at the City Council meeting of January 3, 2012 which you
attended. This letter speaks for itself. The City views the drainage
issues you have raised as a private issue and not a public issue. As
such, the City will not and cannot expend any public funds to address
the private drainage issues associated with your property. I
do not anticipate any further action on this issue from the City
Council, myself as City Manager, City Planner, City Assessor or City
Public Works Director.
You
also asked about action which the Planning Board may take in response
to your concerns. The Planning Board, per City Charter and
City Ordinances, is responsible for the review of certain
applications for development, such as but not limited to subdivisions
and site plans, to determine compliance with City Ordinances. There
is no review process of Planning Board decisions by the City Council
or by the City Manager. Under the law, those reviews are for the
Zoning Board of Appeals and if necessary, the Courts.
As
an example, in your area, the Planning Board most recently reviewed
an application by Waldo County General Hospital to construct a new
office building. The Board found that this proposal
satisfied all City Ordinance requirements and voted in June 2011 to
approve this project. The statutory appeal period
regarding that decision ended in late July.
It’s
my understanding, the City’s Tax Assessor has advised you that your
property assessment will not be lowered because you have a stream and
some erosion in your back yard. I am not anticipating any further
work from the Tax Assessor unless you have asked for an assessment
review based upon some other issues.
I
believe I have referenced above the key complaints that you have
raised in your many communications. I would like to be as responsive
as I can be. If there is a specific concern you have raised since May
2011 other than the ones I have addressed above then please let me
know what that issue is and I will give you a more specific
response.
Thank
you for expressing these concerns. At this point in time I see no
further action contemplated by the Council or myself, aside from
continuing to respond to your document request, as we go forward.Each
of these request are being reviewed by the City Attorney to make sure
that our actions are both legal and responsive.
Sincerely,
Joseph
J. Slocum
City
Manager
rom:LAURIE
ALLEN
Sent: Wednesday, January 25, 2012
8:48 AM
Subject: Stormwater/Noise Ordinance
vs State Law
Marina
Delune,
Last night at the MFOIC meeting at the Belfast Free Library, I learned that you must answer my questions in regard to local ordinance vs State Law.
Your response will dictate direction of District Attorney assistance.
1. Does the City of Belfast site construction storm water draining ordinance over ride Maine State law for site construction storm water draining?
2. Does the City of Belfast ordinance for resident storm water draining by accumulating and draining to another, enhanced by the City of Belfast on 10/1/09 with heavy equipment on private property, over ride Maine State Law stating it is illegal to accumulate/puddle storm water and send to another?
3. Please provide the City of Belfast ordinances for all storm water rules.
4. Does the City of Belfast noise level ordinance provided to me at 75 dBA over ride Maine State law of 60dBA and below?
Previous responses of not knowing anything about storm water or unable to request records are unacceptable. I am requesting for this information to be reviewed and deemed acceptable by you before forwarding to me.
Please provide a reasonable time frame that I can expect these answers before I am forced to appear before the Council for such.
Please respond on your ward 1 email, not your personal email address.
Sincerely,
Laurie Allen
17 Seaview Terrace
Last night at the MFOIC meeting at the Belfast Free Library, I learned that you must answer my questions in regard to local ordinance vs State Law.
Your response will dictate direction of District Attorney assistance.
1. Does the City of Belfast site construction storm water draining ordinance over ride Maine State law for site construction storm water draining?
2. Does the City of Belfast ordinance for resident storm water draining by accumulating and draining to another, enhanced by the City of Belfast on 10/1/09 with heavy equipment on private property, over ride Maine State Law stating it is illegal to accumulate/puddle storm water and send to another?
3. Please provide the City of Belfast ordinances for all storm water rules.
4. Does the City of Belfast noise level ordinance provided to me at 75 dBA over ride Maine State law of 60dBA and below?
Previous responses of not knowing anything about storm water or unable to request records are unacceptable. I am requesting for this information to be reviewed and deemed acceptable by you before forwarding to me.
Please provide a reasonable time frame that I can expect these answers before I am forced to appear before the Council for such.
Please respond on your ward 1 email, not your personal email address.
Sincerely,
Laurie Allen
17 Seaview Terrace
From: Joseph
Slocum <citymanager@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
Dear Ms.
Allen,
Recently
you sent Council Member Marina DeLune asking for a variety of
information. This email has been referred to this office. These types
of inquiries really should be sent to the City Manager as I have the
full time responsibility for all City activity. Council Members do
not direct Department Heads or their offices. That is the
responsibility for the City Managers Office and the Council oversees
the Manager’s office. I ask all Council members to send in all
requests for information to this office so that we can manage the
response. If this office acts improperly then our conduct can be
reviewed by the Council.
We
will make a real effort to do our best to respond to you in a timely
and accurate manner. To do this we are having your requests go
through this office and the City Attorney is helping us make sure
that our responses to you are legal and proper.
In
reviewing your email I want to let you know that the City does not
provide legal advice to private citizens as that would be a conflict.
It appears that your questions are best addressed to a
private attorney who practices municipal law. If your attorney
feels that we are not acting properly they may correspond with the
City Attorney, William Kelly Esq.. Mr. Kelly will respond
to your attorney as interpretation of local Ordinances and State law
can be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain rules Wayne Marshall, City
Planner will need to go through the various sections of the Zoning
Ordinance as not ever rule or provision is in the same place. He will
have that for you later this week. If you have a specific question
about how something applies you can refer your question directly to
Wayne.
--
Joseph
J. Slocum
Belfast
City Manager
p) 207.338.3370
x:10
f) 207.338.2419
From: LAURIE
ALLEN
Sent: Thursday, February 02, 2012
9:40 AM
Subject: FW: City Staff will
respond to information requests
Marina,
I cannot put myself between all this City jargon and juggling. My email is to be answered specifically through you only. If you cannot deicipher through your officials, then please forward to the DA and copy me.
Sincerely,
Laurie Allen
I cannot put myself between all this City jargon and juggling. My email is to be answered specifically through you only. If you cannot deicipher through your officials, then please forward to the DA and copy me.
Sincerely,
Laurie Allen
Jennika
Lundy is City Manager Joe Slocum's administrative assistant.
Officials are deflecting accountability by appointing Jennika as my
point of contact. Jennika is sweet, loyal to City Hall and this is
not her job, nor is she qualified to respond in place of Officials.
Officials are using her as scapegoat. City Attorney Bill Kelly, City
Planner Wayne Marshall and City Manager Joe Slocum are refusing to
respond to my requests for public information directly. Appointing
Jennika is appointing heresay. Jennika even states this in a later
email. Later City Attorney Bill Kelly exerts the hammer. I don't
think so.
Date:
Tue, 19 Jun 2012 15:48:57 -0400
Subject: Re: FW: Information for Ms. Allen/Cnfm Officals Approve Wayne/Waive Fee
From: managersupport@cityofbelfast.org
To: laurieallen55@msn.com
Subject: Re: FW: Information for Ms. Allen/Cnfm Officals Approve Wayne/Waive Fee
From: managersupport@cityofbelfast.org
To: laurieallen55@msn.com
Hi
Laurie
I
am not authorized nor qualified to comment on what other
employees provide to you.
The City
of Belfast does not have a policy regarding waiver of fees
for costs of copying documents within the City records. I have
contacted the City Attorney and he advises that if you submit an
affidavit describing your assets and liabilities on a confidential
basis, then he and the City Manager will discuss creating such a
policy, as you are the first such person to make a request. I
believe the Code and Planning Office has a general rule about how
many copies they will make for someone before they begin charging,
however they are not able to make large format copies, and always
charge for outsourced printing requests. If you would like to
document your financial hardship for consideration of fee waiving,
please feel free to do so.
Take care,
Jennika
Take care,
Jennika
To: laurieallen55@msn.com
CC: managersupport@cityofbelfast.org; jslocum@cityofbelfast.org; planner@cityofbelfast.org
Subject: Re: City Staff will respond to information requests
Date: Mon, 6 Feb 2012 18:25:34 -0500
I am sorry. Laurie. I will read your requests, and forward them on to Jennika. She will work with Wayne, Joe, and Bill Kelly to see that your requests are answered.
If after a week has passed and your request has not been answered, please feel free to email me again and let me know so that I can forward it on to Jennika as a reminder.
It is not my role as a councilor to deal with the individual requests of citizens. Your requests often require specialized knowledge which I do not have, nor do have the time. I get an $84 a month stipend to perform my duties, which primarily is to set policy.
I am sorry this is not the way you would like to do things, but you haven't had a problem with Jennika, and things would work best if you would just contact her directly.
Best wishes,
From: LAURIE
ALLEN <laurieallen55@msn.com>
Sent: Tuesday, February 7, 2012 8:01 AM
To: mpercival@midmaine.com; LAURIE ALLEN
Cc: rosicostello@gmail.com; Erin Wofford; charlesbeck7@gmail.com
Subject: RE: City Staff will respond to information requests 1/25/12
Sent: Tuesday, February 7, 2012 8:01 AM
To: mpercival@midmaine.com; LAURIE ALLEN
Cc: rosicostello@gmail.com; Erin Wofford; charlesbeck7@gmail.com
Subject: RE: City Staff will respond to information requests 1/25/12
Marina,
No, as Council you cannot pick and choose. I do not accept your refusal to perform your duties. Setting policy requires being informed and educated. Your refusal is directly affecting my home, my protection, my life, my presence to provide for my children and contribute to humanity.
Again, I cannot put myself between all this City jargon and juggling. My email is to be answered specifically through you only. If you cannot decipher through your officials, then please forward to the DA and copy me.
Sincerely,
Laurie Allen
No, as Council you cannot pick and choose. I do not accept your refusal to perform your duties. Setting policy requires being informed and educated. Your refusal is directly affecting my home, my protection, my life, my presence to provide for my children and contribute to humanity.
Again, I cannot put myself between all this City jargon and juggling. My email is to be answered specifically through you only. If you cannot decipher through your officials, then please forward to the DA and copy me.
Sincerely,
Laurie Allen
Marina takes the 5th.
From:
laurieallen55@msn.com
To:
managersupport@cityofbelfast.org; ward1councilor@cityofbelfast.org;
ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org;
ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org;
mayor@cityofbelfast.org
Subject: Legal Advise for Mr Hand, Ordinance Lies
Date: Wed, 16 May 2012 09:31:50 -0400
Subject: Legal Advise for Mr Hand, Ordinance Lies
Date: Wed, 16 May 2012 09:31:50 -0400
To
City Manager, Council and Mayor,
1. At the 5/15/2012 City Council Meeting, Joe Slocum, City Manager advised that he is seeking legal advise for Mr. Hand in actions against me. However, Mr. Slocum refused to advise me. and also refused to provide the very simple storm water ordinance that I have requested for over a year. It miraculously appeared on the City's Website after Wayne Marshall sent a slew of words that did not pertain and were clearly an effort to confuse me and to try once again to make this a legal battle using our tax dollars. That email and the ordinance I found that proves the City is illegally sending City storm water to Seaview Terrace private property. This is so foul, we deserve better of our officials and not have a "Bully Reality Show" to be aired at public meetings. Council, please advise if you have any intentions of resolving this matter. You have the authority to make this right.
From: Joseph Slocum <citymanager@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
1. At the 5/15/2012 City Council Meeting, Joe Slocum, City Manager advised that he is seeking legal advise for Mr. Hand in actions against me. However, Mr. Slocum refused to advise me. and also refused to provide the very simple storm water ordinance that I have requested for over a year. It miraculously appeared on the City's Website after Wayne Marshall sent a slew of words that did not pertain and were clearly an effort to confuse me and to try once again to make this a legal battle using our tax dollars. That email and the ordinance I found that proves the City is illegally sending City storm water to Seaview Terrace private property. This is so foul, we deserve better of our officials and not have a "Bully Reality Show" to be aired at public meetings. Council, please advise if you have any intentions of resolving this matter. You have the authority to make this right.
From: Joseph Slocum <citymanager@cityofbelfast.org>
Date: Wed, Feb 1, 2012 at 2:51 PM
Subject: City Staff will respond to information requests
To: Jennika Lundy <jlundy@cityofbelfast.org>
Dear Ms.
Allen,
Recently
you sent Council Member Marina DeLune asking for a variety of
information. This email has been referred to this office. These types
of inquiries really should be sent to the City Manager as I
have
the full time responsibility for all City activity. Council Members
do not direct Department Heads or their offices. That is the
responsibility for the City Managers Office and the Council oversees
the Manager’s office. I ask all Council members to send in all
requests for information to this office so that we can manage the
response. If this office acts improperly then our conduct can be
reviewed by the Council.
We
will make a real effort to do our best to respond to you in a timely
and accurate manner. To do this we are having your requests go
through this office and the City Attorney is helping us make sure
that our responses to you are legal and proper.
In
reviewing your email I want to let you know that the City does not
provide legal advice to private citizens as that would be a conflict.
It appears that your questions are best addressed to a
private attorney who practices municipal law. If your attorney
feels that we are not acting properly they may correspond with the
City Attorney, William Kelly Esq.. Mr. Kelly will respond
to your attorney as interpretation of local Ordinances and State law
can be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain
rules Wayne Marshall, City Planner will need to go through the
various sections of the Zoning Ordinance as not ever rule or
provision is in the same place. He will have that for you later this
week. If you have a specific question about how something applies you
can refer your question directly to Wayne.
--
Joseph
J. Slocum
Belfast
City Manager
p) 207.338.3370
x:10
f) 207.338.2419
2. Joe Slocum and Wayne Marshall also refused to provide the very simple storm water ordinance that I have requested for over a year. It miraculously appeared on the City's Website after Wayne Marshall sent a slew of words that did not pertain and were clearly an effort to confuse me and to try once again to make this a legal battle using our tax dollars. That email and the ordinance I found that proves the City is illegally sending City storm water to Seaview Terrace private property.
a. Per Joe Slocum "Mr. Kelly will respond to your attorney as interpretation of local Ordinances and State law can be complicated and driven by case law.
With
respect to Noise Ordinance, I am attaching the standard in the
Ordinance. However on the storm drain rules Wayne Marshall, City
Planner will need to go through the various sections of the Zoning
Ordinance as not ever rule or provision is in the same place. He will
have that for you later this week. If you have a specific question
about how something applies you can refer your question directly to
Wayne."
b.
Miraculous appearance of simple, no attorney interpretation needed
storm water ordinance-
Stormwater
and all other unpolluted drainage may be discharged to such sewers as
are specifically designated as stormsewers,
or to a natural outlet approved by the city. Industrial cooling water
or unpolluted process waters may be discharged, on approval of the
city, to a storm sewer
or natural outlet, if in accordance with regulations of the state
department of environmental protection.
(Ord.
No. 45-1999, § 600.2, 2-1-2000)Except as provided in this
article, no person shall discharge or cause to be discharged any of
the following described waters or wastes to any public sewer:
(11)
Any
stormwater, roof drainage, spring water, cistern or tank overflow,
footing drainage, or discharge from any vehicle wash rack or water
motor, or the contents of any privy vault, septic tank or cesspool,
or the discharge of effluent from any air conditioning machine or
refrigeration unit.
3. Being dishonest and unethical again, Wayne Marshall gave me this ordinance?? instead, and to meet with him privately...
Your email of April 18 to Jennika Lundy was referred to me and I was requested to respond.
You requested information from the City Code of Ordinances regarding stormwater management regulations. I believe the information I provided to Ms. Lundy which she emailed to you on April 3rd is very comprehensive and specific and that it fully responds to your request for information. I have included this same information below.You can access all of the following information on the City website,cityofbelfast.org, Information can be found under the heading City Government. You should click on the tab labeled, City Ordinances. The table of contents and the accompanying drop down menu included on the left side of the municipal code website can be used to reference each of the citations I provided. For example, the first citation; Chapter 102, Zoning, Article IX, Division 2, Section 102-1123 and 1124, includes the specific Ordinance citations in the Environmental Standards that address applicable regulations for stormwater and sedimentation and erosion.
Information from April 3rd Email:
Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1123 and 1124 --- Note: These standards apply to all residential uses in Belfast and non-residential uses that are not located in one of the zoning districts identified below. These standards were first adopted in the mid-1980's and there have been few changes since their adoption.
Chapter 102 Zoning, Article IX, Performance Standards, Division 3, Nonresidential Performance Standards for the Rte 3 Commercial Zoning District, reference Section 102-1197. Division 4, Nonresidential Performance Standards for the Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial and Route 137 Commercial zoning districts; reference Section 102-1260. (Note - Standard is essentially identical to the Rte 3 standard). Lastly, Division 5, Nonresidential Performance Standards for the Office Park zoning district; reference section 102-1315. (Note - This standard also is essentially identical to the Rte 3 standard). I note that these nonresidential performance standards ONLY apply to nonresidential uses in the above listed zoning districts. All of the above standards were adopted in 2001, when the above zoning districts replaced the Highway Commercial zoning districts.
Chapter 98, Technical Standards, Article III, Street Design Standards, Section 98-88, Stormwater Collection. Article IV, Street Construction Specifications, particularly sections 98-127, curbing and 98-128, Culverts. Article VI., Water Quality, nearly all sections. The Technical Standards were first adopted in November 1998, and are used to implement Chapter 90, Site Plan Ordinance, the City Subdivision Ordinance, and the Zoning Ordinance. While the parking standards section has been overhauled, few changes have been made to other sections of the Technical Standards Ordinance (Chapter 98) since its adoption.
Chapter 90, Site Plan. This Ordinance applies only to projects which require a Site Plan permit. Few individual residences will require a site plan, however, a housing project would require review as a Site Plan. Refer to Chapter 90, Site Plans, Article II, Review Criteria and Procedures, Section 90-41, CE) review, paragraph 16, Stormwater, and Section 90-42 Planning Board Review, paragraph 16, Stormwater. Also, Refer to Article III, Preliminary Plan, Section 90-72, Required Information, Paragraph 14, Drainage/erosion, and paragraph 15, Utilities. Article IV, Final Plan, Section 90-102, Required Information, which requires final engineering for information presented in the preliminary plan noted above.
Subdivision Ordinance. Chapter 1, Section VII- Review Criteria, paragraph 14, Stormwater. Chapter Three, Street and Storm Drainage Construction Standards. I note that the standards in Chapter Three largely have been supplanted by the Chapter 98, Technical Standard.
Chapter 82, Shoreland. I first note that these standards only apply to property located within the Shoreland zone as such is depicted on the City of Belfast Shoreland Map. Reference Article V, Land Use Standards, Division 9, Stormwater Control.
I believe the above citations identify most if not all City standards that apply to stormwater management concerns. I specifically note that many of the standards apply to specific areas (e.g. Shoreland, Rte 3 Commercial) or specific types of development (e.g. Site Plan and Subdivision). Let me know if any questions.
You also asked if the information I identified is current. I will affirm that there have been no changes to the City
Code
of Ordinances that would affect any of the above referenced
Ordinances regarding stormwater within the last 15+ months; post
January 1, 2011. Further, I will affirm that there have been no
changes to City Ordinances regarding stormwater that would apply to
your property for a period of no less than 5 years.
If you would like assistance in reviewing the City Code of Ordinances to identify any of the above citations I am available to offer that assistance.
On behalf of the City of Belfast,
Wayne Marshall
City Planner
City of Belfast
131 Church St
Belfast, ME 04915
207-338-1417 x 25(phone)
207-338-1605(fax)
wmarshall@cityofbelfast.org
___________________________________________________________________________________
Sincerely,
Laurie Allen
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