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City Hall Lies Before I Score Proof



Belfast City Ordinance in effect till at least 10/2014. Who knows what ordinances City Hall changed in the secret Comprehensive Plan voted in 10/2014.

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)

#1. - Below is the 1987 City Consulting Engineer of Belfast A. Neil Finlayson, P.E.  findings to Wima 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

See #3 RED Hi-lite Dr. Caswell is 17 Seaview Terrace (now owned by me, Laurie Allen) The City Engineer with all his records is stating that the it is a private property drainage ditch. NOT A NATURAL OUTLET FOR THE CITY TO FORCE ENORMOUS RUN OFF /MELT OFF THROUGH TO THE BAY.

2. Below this letter is City Planner Wayne Marshall trying to shut me down and bait me into insurance hell 2 months after the floods tore through my filled in private property ditch, no stream disclosed, no water issues disclosed. I asked again and again- it was my number one concern. NO stream, no water issues both real estates agents dictated- Bill Ingersoll and Jan Andrews. Same agency owned by Earl Black.

3. Below that is City Manager Joe Slocum stepping in to shut me down (4 months after Wayne and DPW Bob Richards could not) stating it is a 100 year old natural stream and a done deal. He thinks those original plans are good and buried and all employees mouths are locked. He totally underestimates me. Who says an ant can't?

4. Below Joe are the 1939 maps that show Seaview Terrace when it was a farm. NO DITCH, NO STREAM. Then around the 60's (I have to estimate, no one will give me information) developer Wendell Mcleod bought the farm (not the farmhouse) and dug a ditch through it for the runoff from his McLeod Trailer Park (still there and across Rte 1) Then he got City approval to make the farm a subdivision and filled in the drainage ditch. Built the homes on Seaview Terrace with private property drainage ditches as the City engineer confirms and the original plans below the map.

CITY HALL REFUSES TO GET THE WATER OUT OF SEAVIEW TERRACE. SEAVIEW TERRACE HAS FLOODED WITH SEVERE EROSION SEVERAL TIMES AND ANY TIME CAN BE THE LAST TIME. THEY ARE BANKING ON IT.

SEE WWW.BELFASTBULLIES3.BLOGSPOT.COM FOR MORE DOCUMENTS OF LIES AND LETTERS OF INTIMIDATION AND ALIENATION FROM CITY ATTORNEY BILL KELLY AND CORRUPT DISMISSAL OF CORRUPT INVESTIGATION BY DEP COMMISSIONER AHO... MAINE REALTOR COMMISSION DID THE SAME. DISMISSED.
1.
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

2.

On Fri, May 20, 2011 at 8:04 AM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Marshall,

I am following up on the next step for the diversion of City storm water to my backyard.  We began discussing this in the beginning of May and you advised me that it would be approx. 2 weeks before your scheduling would allow for review. We are at that mark and I want to be sure that I am adhering to protocol and am requesting that you advise me of any hearings or paperwork that I must attend to. 



I want to avoid another tail chasing event and hope we can deal with this honestly. The culvert that the City installed at the end of Seaview/Rte 1, diverting the storm water to private property is issue for immediate action to close and channel to City property away from the floodplain of Seaview Terrace. Compensation for property loss, labor and associated costs are requested.

Sincerely,

Laurie Allen
17 Seaview Terrace


Date: Fri, 27 May 2011 16:34:05 -0400
Subject: Re: 17 seaview/city storm f/u

From: planner@cityofbelfast.org
To: laurieallen55@msn.com
Dear Ms. Allen:

I wanted to ensure that I spoke with Bob Richards, Superintendent, Belfast Public Works Department, before I responded to your email regarding the concerns you expressed regarding stormwater management on SeaView Terrace.  I also want to address what I believe may be a misconception on your part regarding who constructed SeaView Terrace and the accompanying stormwater system.

As background, the subdivision plan of the Wendell MaCleod Housing Development (SeaView Terrace) was approved in 1966.  This plan is recorded in the Waldo County Registry of Deeds, Book 6, Page 23.  Like many subdivision plans prepared in the 1960's it mostly identifies the location and dimensions of the lots in the subdivision,and the location of the new access road and accompanying right-of-way (SeaView Terrace).  The recorded plan for this subdivision also identifies two other features; the natural contours for the property, and the layout of the houses proposed to be constructed on lots 1,2 and 3.   Unlike subdivision plans that the City now requires a developer to prepare, it does not include information such as but not limited to: areas within the flood zone, areas that qualify as wetlands, stormwater management systems that will be constructed, the location and depth of water lines and sewer lines, and the location of power poles.  The 1966 Plan, and a subsequent 1978 amendment, are the only two documents of record on file in the Registry. 

As is the case in all subdivisions, the developer/owner of the subdivision is responsible for constructing all road, water, sewer, power, drainage/stormwater and similar improvements.  This occurred with SeaView Terrace as Wendell MacLoed built the original road and stormwater improvements.  It appears that the stormwater improvements on SeaView Terrace largely consist of 3 small culverts under SeaView Terrace, a larger culvert near Route 1 and a drainage swale that is located between the house and garage located on your property.  I also specifically note that City, through a vote of the Belfast City Council, will not take ownership of a new road (and the accompanying road right-of-way) as a public road until the original owner constructs all road and drainage improvements.

In short, the road and stormwater improvements that exist in the SeaView Terrace Subdivision were constructed by the original property owner, and the location of such were determined and constructed by the original property owner.  The City, by accepting the road, assumed the long-term responsibility to maintain such improvements (they are now a City responsibility as publicly owned improvements and land).  As such, the Department of Public Works periodically performs maintenance; for example replacing culverts, digging out drainage ditches/swales and resurfacing the road.  All City work has involved maintenance.  The City has not taken any action to re-route stormwater or to construct new drainage improvements.

I recognize and understand that you are concerned about how stormwater is affecting your property.  The City, however, believes that it has not taken any action to alter the stormwater management system constructed by the original property owner, and we believe that we are not responsible for any damage (from stormwater) on your property.
I also will note that if you believe the opinion I have stated may be wrong, you do have the right to prepare a claim for property damage and to submit this claim to our insurance carrier.  Our insurance carrier can make a decision regarding your claim and any City liability.  If you would like to submit a claim I can obtain and provide you information regarding how to file such. 

On behalf of the Department of Code and Planning.


6/7/11
 RE: Seaview Terrace/Storm Water Diversion
Dear Mr. Marshall,
I have been waiting for your response for accountability of culvert installations and storm water diversion. In the interim (which has been weeks- pertinent emails began on 5/11/11) this is what I have been advised by residents so far;
1. Sump pump assistance to lot’s 13 and 14? I see 2 sump pump drains at the culvert. I have been advised that lot 13 received City assistance in placement of this drain to divert water from their property into mine. It seems this is the case for the other drain I see that is probably coming from lot 14.
As stated in my email from 5/12, City assistance was not given to all residents with flooding in their homes. I am aware of at least 3 residents who spent thousands and thousands of dollars with sump pump drainage. Additional individual resident cost and labor time spent on flooding issues unknown but surely extensive.
2. City approval and possible assistance in culvert and ditch digging diversion to my property.
A. City placed culvert at lot 12 crossing Seaview to drain to my property.
B. City placed culvert at end of resident property lines crossing under Northport Ave.
C. City approved and possible assistance of 2 culverts on lot 8 crossing Seaview unto
Lots 9&7. Use of heavy equipment, backhoe, possibly City owned within past 2
years. Also used to deepen drainage ditches routed to my property.
D. City approved and possible assistance of 1 culvert from lot 4 crossing Seaview and
draining to my property. Dug out ditches are also present on both sides of my
Property. I have been advised that this culvert was placed prior to purchase of lot
4 by the current owner.
3. City approval for the hospital annex to drain and divert storm water into stream.
Current approval for additional storm water drainage due to addition of annex is
pending. Concerns for wetlands in area.
4. Lot 12 has advised of flooding from the culvert at lot 12. Property flooded and
damaged with no compensation from the City.
5. Lot 5 has advised of severe flooding of stream that flowed across lot 5 and into lot 8.
Flooding into basements and property damage.
6. During the construction of the Captain Albert Stevens School, a resident, (Mr. Sanderson?) fought against storm drain towards his property and the City approved diversion to my stream.
7. The Rte 1 bypass has had several changes in the diversion of storm water.
8. I witnessed flooding in the basement of lot 6 in 1/2010. The realtor informed me that it always has water.
9. Flooding in basement of lot 4, severe damages. Resident installation of extensive and expensive drainage system.
10.Severe ongoing erosion and damages from City diverted storm water to my property.
11. The road of Seaview Terrace was constructed by the City.
It is glaringly obvious that there is more than a can of worms here that is opening. I have contacted the DEP. Additionally, I am questioning the precedence set with City assistance to some residents and refusal to others.
In light of the information that I am receiving and lack of information from the City, I am requesting a fact finding open forum/meeting with the City and residents of Seaview Terrace addressing these issues and pertaining issues that are privy to the City and probably unknown to the residents. One month has already passed and I respectfully request immediate action and attention. Please advise.
Sincerely,
Laurie Allen
17 Seaview Terrace, Lot 5



 Date: Wed, 29 Jun 2011 11:50:22 -0400

Subject: Re: FW: Respond to 6/7/11 Storm water
From: planner@cityofbelfast.org
To: laurieallen55@msn.com
CC: publicworks@cityofbelfast.org; mpercival@midmaine.com
Dear Ms. Allen:

I am disappointed and somewhat confused that you appear to have rejected our invitation for City staff, the Public Works Director and myself, to meet with you and other residents of SeaView Terrace on-site so we can see first-hand what your concerns are regarding stormwater in the SeaView Terrace area.   I continue to believe that the best way to examine an issue is for the parties to meet on-site and to discuss the concerns.  I note that your June 7th email to me was entitled 'Resident Meeting Request', and in your letter you appeared to request that we meet with you and other residents.  We are open to doing such.    As such, I ask that you reconsider and that we schedule a site visit at a time that is convenient for you and other residents of SeaView Terrace.

Further, absent a site visit, neither the Public Works Director or I will be responding to the concerns raised in your email of 6/7/11 in writing. 
3.
From: laurieallen55@msn.com
To: citymanager@cityofbelfast.org
CC: mayor@cityofbelfast.org; ward1councilor@cityofbelfast.org
Subject: FW: 17 seaview/city storm f/u
Date: Wed, 10 Aug 2011 08:55:51 -0400

Dear Mr. Slocum,

1. Per Mr. Marshall's email below- paragraph 2, last sentence;

"The 1966 Plan and a subsequent 1978 amendment...", what is the 1978 amendment?

2. Paragraph 5, first sentence;

"In short, the road storm water improvements that exist in the SeaView Terrace Subdivision were constructed by the original property owner, and location of such were determined and constructed by the original property owner...THE CITY HAS NOT TAKEN ANY ACTION TO RE-ROUTE STORM WATER OR TO CONSTRUCT NEW DRAINAGE IMPROVEMENTS."

3. Paragraph 6, 2nd sentence;

"THE CITY, HOWEVER, BELIEVES THAT IT HAS NOT TAKEN ANY ACTION TO ALTER THE STORM WATER MANAGEMENT SYSTEM CONSTRUCTED BY THE ORIGINAL PROPERTY OWNER, AND WE BELIEVE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE (FROM STORM WATER) ON YOUR PROPERTY."

___________________________________________________________________________________

This response prompted my findings that I gave you yesterday, showing that the City has re-routed storm water and has constructed new drainage improvements  (new being after the original property owner was done). This is where I hit a brick wall with Mr. Marshall. There wasn't any point in having him come out here with Mr. Richards and aggravate me if I couldn't get basic information on visible storm water diversions prior. I did not request all types of documents as you were led to believe, only that map that Mr. Marshall showed me. I was specific to changes done after the original owner, they are clearly visible from the road, as we saw yesterday, and yet he refused to acknowledge the changes, wanting a verbal discussion with Mr. Richards to support him. Mr. Marshall has refused to give me a copy of the map he showed me in his office. Please advise when I will receive this map and copies for the residents of Seaview Terrace.

The difficult communications and non-communications with Mr. Marshall have me on high alert and concern. The offer from you and Mr. Marshall to submit a claim to the City insurance is not the solution. My request for a public meeting slated on the agenda, notifying all Seaview Terrace residents, Chris Cabot (DEP), Mike Hogan and WCGH, and any other affected parties at City Hall still stands.

The crumbling of the Seaview Terrace road due to water underneath and improper ditch drainage as noted by you is an issue. Diverting the City storm water from draining into my private property and into City managed drainage area's is key. The potential for the shed at 5 Seaview Terrace to be swept into the stream, blocking the culvert and flooding Seaview Terrace is serious.

My research on habited floodplain area's is civic and City consciousness to help these residents by diverting storm water away from these taxpayers. Rather, The City of Belfast is channeling City storm water to private property and relinquishing responsibility. The City Planners advice was to get flood insurance and not any assistance or accountability on the continuing loss of my land and frightening erosion within 6 months of this year, exposing root structures of huge trees that will fall onto my fence and also block the culvert.

Thank you for your visit yesterday. I am cautiously hopeful.


Sincerely,

Laurie Allen
17 Seaview Terrace

Date: Thu, 11 Aug 2011 19:59:13 -0400
Subject: Re: FW: 17 seaview/city storm f/u
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com

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. (My edit- Slocum buried all the City records, removed the development plans for Seaview out of the registry and the 1987 engineer report specific to my property and every stinking document that I need to prove the slaughter. He claims he gives them to me but I am too stupid to know what I am looking at. City Council refuses to intervene and validate that I have received the true document requested, Bill Kelly City Attorney send me letters telling me they will not waste any more time responding to my requests or index them and a host of other insults and tactics, FOAA Brenda Kielty and Attorney General are part of the corrupt State, waste of time and energy... I keep going. I raided the Tax Assessors office in 11/2011 on a hunch that he would have the development plans for Seaview Terrace out and I was right. I scored the plans that prove we are not a natural outlet, the City is slaughtering the flood plain, flood zone, private property of Seaview Terrace. When Slocum found out I got those plans, he flipped on Tax Assessor Bob Whiteley (now retired, so I can name an official) The City continues to flood us- lawsuits will break us- stop the money is the only way. Boycott Downtown Belfast who awarded Sloscum Citizen of the Year to slap me. Slap back with Boycott) 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.(Me edit- they try and try to send me to insurance hell so insurance can deny me and Sloscum can preach it was insurance's decision- case closed. Not. No insurance, no lawsuit- Boycott)

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 (Me- now as I read this, I don't think DEP has any jurisdiction over it- how would I know that- I never advised- one of them advised me)-over this stream  means  to me that this is a natural stream (NOT).  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. (Me- this map was taken down immediately after Wayne traced all the water forced into Seaview Terrace and I told him that he can't do that. I want a copy of this map. That was in 5/2011. All maps, documents, cooperation and ethics replaced by slam me down and keep stomping till she breaks. Came close a few times and each time I get back up. Almost 5 years now. I had just escaped a life of the same when I moved here. )

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. (Those that have nowhere to drain must tie into City sewage lines- they should receive amnesty and sewers. Basic infrastructure 101 of what our property taxes are for. Slocum is trying to implicate me for draining into the stream. Previous owner put it in. Sloscum is scum.)

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

On Fri, Sep 9, 2011 at 6:55 AM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum and Mr. Mayor,

I have not received any further response from you, the City Manager with the erosion/ City storm water dumping into my property or with your acknowledgement of the crumbling road due to improper drainage, a City responsibility.

Please confirm today, via email, of your full decision. Will the City of Belfast FIX problems above?

Sincerely,

Laurie Allen


Date: Fri, 9 Sep 2011 16:50:47 -0400
Subject: Re: FW: 17 seaview/city storm f/u
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
CC: councilors@cityofbelfast.org; planner@cityofbelfast.org; publicworks@cityofbelfast.org

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. (I am editing to point out that this is the ditch that Sloscum denied completely that the City did private property drainage work, I gave written witness proof. Then he states it appears it was done 8 years prior to avoid statutes. Then I ask for heavy equipment Public Works work orders for the September and October 2009 and DPW Bob Richards states he does not use work orders. I worked with heavy equipment- it is an OSHA requirement to use work orders and logs. I press for the documents and Joe lies again stating it is to get water from the road. See the pictures in the album link above. The ditch between 2 yards looking like a stream. The City dug it to make sure the water flowed to my property (then owned by MINISTER Tarpley.) 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

4.
Maps below were scored by outsmarting them. The original plans I got by storming the City Tax Assessors office at the end of November 2011 on a hunch that he would be looking at them after he visited with me the day before. I was correct. Score!! He would later tell be that City Manager Joe Slocum flipped when he found out I saw those plans. Bob (Tax Assessor) said he had never seen that side of Joe... Psycho Joe.

The other maps I got pictures of those by chance. Previous visits, I never had a camera. This time, he tried to overwhelm me with maps by giving them to the City Manager's administrative assistant. Big mistake- I had a camera this time and Wayne was upstairs. I have more pictures but this one is enough to prove no stream on the property when it was a farm in 1939 and at development in the 60's. City Council Eric Sanders happened to be in the office that day when I was snapping pictures. He stepped over the maps on the floor and ran upstairs and got on the phone... One would think he would say, lets look at these together and find the stream... 

Looking at the red 40- to the right, first white long farmhouse on Northport Ave. (And Rte 1 at that time). It is still there but now on the corner of Seaview Terrace. Passing the house to your left and left onto Seaview Terrace. That is the farm. No stream. The horse shoe driveway down a bit is the Shriners Club today- with the same horse shoe driveway across from the City Park. 
Click on the picture- it will enlarge for clarity. 

Above is Seaview Terrace

Below is the map I tracked and drew. Forcing water to us over 2 miles away, over 15 sites, roads, miles of Rte 1 No and South, etc. City Tax Assessor Bob Whiteley and Waldo County Emergency Management Director and Engineer Dale Rowley both said it was a good map. City Wall Hall wouldn't give me squat. Joisey talk. That's who I am. The pink mark is my house. The last resident in this path of destruction that owns the stream slaughter property. The 2 properties below me belong to Mid Coast Mental Health or Waldo County General Hospital (they are wheeling and dealing takings)

 

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