1939 vs.1965 Aerial Views Farm to Seaview Terrace Development Irrigation Ditch Not Stream http://belfastbullies3.blogspot.com/p/1965-vs-1939-aerial-planning-for.html
12/27/11 Belfast City Attorney-Bill Kelly SandBags Me 1987 Eng. letter, 1/3/12 Agenda Meeting, 5/1/12 Neighbor Alienation meeting...
These letters on the blog are unreadable on laptops- I'll type them here, word for word. This first letter was read to me at the 1/4/12 City Council Meeting where I was finally placed on the agenda and sandbagged. City Attorney Bill Kelly spoke for City Council and read me this letter. I was thrown, didn't grasp that he was speaking for them, didn't understand how this 1987 engineers report was never given to me when I asked for the history and development of my property and Seaview Terrace. Even then, the report was corrupt. It reads like you see a bee sting on your hand and wonder how? Yet you refuse to look at the massive bee nest buzzing above your head. Idiots to try and pass this off. I try to question Bill Kelly on how this is even relevant after 25 more years of development. ) He ran out of the meeting and City Council quickly voted to take no further action and closed the agenda. In hindsight the report is actually even more relevant-
*** http://vimeo.com/34563093 1/3/12 City Hall Meeting- Seaview Terrace 1rst on agenda (I also speak publicly ff about 15 minutes in- 3rd person up. Council remains silent and hires City Attorney, Bill Kelly with our tax dollars to try and deflect the forced flooding. KELLY REVEALS YET ANOTHER PUBLIC DOCUMENT OF FLOODING ON SEAVIEW PURPOSELY WITHHELD FROM ME.(Who knows what else they hide? Impossible to know, I have been intimidated and refused information on my property for 10 months and counting. ) A 1987 City hired engineer report that...SURPRISE- does not hold the City accountable for flooding. In fact, even with residents complaints of flooding in 1987, begins the City Planning approvals for Capt Albert Stevens School, Volunteers of America, Tall Pines, MidCoast Mental Health to build, eliminating ground absorption, accumulating storm water in huge dug out pools and channel down to private property, Seaview Terrace. Clobber us further by taking the storm water across Rte 1 from the Armory, National Guard, down to Pray's Homes along the side, back towards the trailer park, meandering and to accumulate more stormwater from who knows how far back and back across Rte 1, culvert forced directly into Seaview Terrace.
Seaview Terrace began flooding in the late 70's ( 10 years after development and with the first developed site a mile above- The Belfast or the Hilltop Birches in 1975?). A neighbor recently told me that they were at a Christmas party 1979-80 in my current home then owned by Dr. Caswell. They were down stairs and it began raining. He said the water came pouring in through the walls- they had to run out of there. Dr. Caswell was the original owner and it took him till 1987 to get the City to investigate and this corrupt City Engineer report made Puzz Caswell (local realtor) run. The house was sold to a banker, then sold to a minister, then sold to me. The corruption stops here. Note how Bill Kelly refers to the ditch as a "stream/flood and drainage swale" and "that there is no question in my mind that the stream/drainage swale was moved....". Note Kelly doesn't refer to any City meetings on Seaview Terrace from 1975 on where residents- Dr. Caswell, Mr. Gerry and Mrs. McDonald file flooding complaints to the City. When did the Huntress Gardens Apartments behind Mr. Gerry's house go up. Probably around the same time he started taking in water. Planning Abuse non stop.
Up until my covert raid on City Hall and uncovering the hidden plans showing that is was not a natural stream City Hall was full rant and chant- 100 year old natural stream. Clearly visible that this is a man made ditch on my private property for my private runoff drainage ONLY. But without documents locked in City Hall, they can lie however and whenever they need to. This letter is true cover up corruption. He reviews "record evidence" but never visits the site or contributing sites. The engineer's report, pure cover up corruption. He is also covering up the City work done for private drainage on 23 Seaview Terrace in 2009. City Manager, Joe Slocum denied that any work was done while residents confirmed heavy City equipment dug out that ditch which is far from the culvert and road. The water in that ditch would never reach the road because of the culvert. However the ditch was not draining into the stream because of overgrowth. 27 Seaview Terrace called public works to say it was a nuisance, stagnant water and bugs. The City came and dug out the ditch.On the opposing side at 26 Seaview Terrace, Bud Hand told me that he made an agreement to maintain this ditch at 23 Seaview Terrace belonging to Karen Caswell to make sure the water would drain from his property to the ditch, to the stream, and to my property. This is against the law. In later letters from Bill Kelly I have no doubt that this is the neighbor who is not in agreement with my findings as Bill campaigns to alienate me from my community. In fact, Bud comes to a meeting (2011), appearing very frail and asking for relief from my protests of flooding. It was choreographed and sad but effective to the public. The next day, as usual, he was up and down the street with his wheel barrow and tools, the handyman fixing neighbors roofs and gutters- up and down on ladders. Amazing for his age or ANY AGE FOR THAT MATTER!
5/1/12 City Council Meeting Video http://vimeo.com/41411785 forward exactly 22:20 (minutes/sec) I speak quickly to avoid "jail" a nice looking police man is standing by, this is not normal. I did not realize he was there for me, and he was visibly shocked when I offered him a friendly, loud hello. My neighbor 2 houses up and across speaks for 7 minutes. He never told me he would be taking my private conversation with him to City Hall- which is fine by me. What he doesn't say is that when I tried to tell him corruption details, including storm water draining that he is doing with City help (since 2009) is illegal and eroding my property- he threw his hands up and walked away. He did not want to see the maps that show all the storm water illegally being forced to Seaview Terrace private property either
_______________________________________________________________________________________________________
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.
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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 Dr. Caswell is 17 Seaview Terrace (now owned by me, Laurie Allen) A tri-angle.
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
2/17/2012 Joe Slocum- City Manager intimidates F.O.S, 3/6/12 Meeting, Waldo County EMA, they sandbag me again.
2/17/12 City Manager Joe Slocum Letter trying to silence me
Here is City Manager, Joe Slocum sending an intimidation letter to stop me from speaking publicly at Council Meetings. He hangs himself again with referencing it is illegal to for the City to do work on private property- the very work the City did at 23 Seaview Terrace, Karen Caswell's property in 2009. Slocum completely denied this was done, then after written testimony from neighbors was given he said, oh yes, they did do work but that was 8 years ago (to be clear of 7 year statute) then more proof given that it was in 2009 (I request Public Works to provide work order for heavy equipment in that time frame and the director, Bob Richards said they don't use work orders. Right Bob- tell that to OSHA- not buying it at all. He said he would have to go through his steno book where he keeps his City logs. Right Bob) Bob produces a shady accounting from a steno book and now Joe says oh yes, we did do that in 2009 and it was to save road from water accumulating along side it. Wrong Joe, it drops off there- the culvert is there- where the City dug was at least 20 feet in and at the request of Kara Merrill, 27 Seaview Terrace because the water was stagnant and bug infested. Her property abutted this ditch.
City Of Belfast
131 Church St
Belfast Me 04915
Joseph J. Slocum, City Manager
207-338-2270 x10
fax 207-338-2419
jslocum@cityof belfast.org
February 17, 2012
Dear Laurie,
The Council members and I understand that you may wish to again address the Council on the drainage concerns at your property, which is the same topic that they have heard you speak about on several prior occasions.
As explained in the letter from City Attorney William Kelly of December 27,2011, the City's position is that the City did not cause, nor is it responsible for, your stream problems, and that the City is prohibited by law from allocating public resources to resolve a private citizen's private drainage issues that have been in existence for decades.
The "Open to the Public" portion of the City Council Agenda provides an opportunity for citizens to express their views on new or unresolved issues. It is not designed to provide a forum for an individual to repeatedly disagree with a legal position adopted by the Council. Council meetings are frequently long and meeting time is limited. The Council has heard you, they have all discussed the matter with me and the City Attorney, and there is nothing left for us to do but respectfully agree to disagree. The Council and I invite you to have your attorney or advisors discuss the matter with the City Attorney, if you can find any evidence that contradicts the findings he made in his letter of December 27,2011, which mirror factual findings reached in an investigation of the same issues in 1987. However, absent new facts that demonstrate City responsibility for your private drainage issues, it is respectfully requested that you please consider that it is appropriate that Council meeting time be occupied with new matters from and for other citizens of the City, and other pending matters.
You should be aware that this letter has been circulated to the Mayor and Council members and the City Attorney to ensure agreements to its contents. We all respect your frustration with the Council's findings, but we do not believe there is any relief available from the City to address the drainage issues within your property. Please consider that this decision is not particular to you, but is a matter of common policy in most municipalities in Maine.
Thank You,
Joseph Slocum
Belfast City Manager
4/26/12 TOTALLY UNETHICAL City Attorney Letter
This one blows my socks off! Such ignorance and disgrace. The City provided documents and ordinances but not the one's I requested. Later those multiple residents were most likely Bud Hand who the City helped get accumulated runoff from his property to mine with the ditch digging and culvert lowering in 2009 and The Smith's. From the first month I moved in, the Smith's and the Hand's were very active in calling complaints against my dogs. . The Smith's and The Hand's do not own stream/ditch property and the Smith's I believe built a shed on property that is not their property but is Mid Coast Mental Health. They are not going to draw any attention to that what so ever. Except to nail me. Peace be with you neighbors.
Then back to the "slight moving" of what ever this was- previously it was a farm. Seems like this would have been an irrigation ditch running through the center of the farm. That's what it looks like in the old pictures that I was able to score. Then Billy Boy tries again to lead me to the path of billable hours for his rabbit hole lunches of deception with other attorneys. Not. Another resident warned me after she was out 10k for the City Planner's "Highly Illegal" approval to build a house on a lot that he said was un-buildable. Since the lot was unbuildable - she bought her house knowing her water view would never be obstructed.
Then, Wayne Marshall, City Planner, receives a paper napkin from Mr. Caswell (his home on the Comfort Inn property) with a sketch for a home on this unbuildable lot. Wayne Marshall approves the napkin per this resident telling me the facts. She spent hundreds in appeals to the Zoning Board of Appeals, to be voted down. The house stays.
Later, a City Council member, Alan Wood (now on the School Board and a Realtor) would tell the resident he will never forgive himself for being forced to vote against them.... They were alienated by many as they fought to save their home. Forced to hire an attorney that said open and shut case, highly illegal... and after 10k all the resident saw was her attorney lunching with the City Attorney. A motion was no where in sight. She stopped pursuing and put her house up for sale.
Then, Wayne Marshall, City Planner, receives a paper napkin from Mr. Caswell (his home on the Comfort Inn property) with a sketch for a home on this unbuildable lot. Wayne Marshall approves the napkin per this resident telling me the facts. She spent hundreds in appeals to the Zoning Board of Appeals, to be voted down. The house stays.
Later, a City Council member, Alan Wood (now on the School Board and a Realtor) would tell the resident he will never forgive himself for being forced to vote against them.... They were alienated by many as they fought to save their home. Forced to hire an attorney that said open and shut case, highly illegal... and after 10k all the resident saw was her attorney lunching with the City Attorney. A motion was no where in sight. She stopped pursuing and put her house up for sale.
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April 26, 2012
Re: Flood Plain Issue
Dear Ms. Allen:
I am writing to you in my capacity as Attorney for the City of Belfast. I have reviewed a copy of your most recent e-mails to the City of Belfast dated April 23,25 and 26,2012. I have been following your correspondence to the City for these last few months, and I am aware that you have a copy of my correspondence to the City Council, addressing the fact that the City has not exhibited control or ownership of the drainage swale/stream located on your property, which has been the subject of your communications to City Hall.
Your e-mails, at this point in time, and the information that you are requesting are repetitive from information that has bee previously provided to you, which includes documents and aspects of the ordinances of the City of Belfast that have been identified as being responsive to your request for information of the controlling local law that addresses your stream/swale, as well as the approval and permitting process for the hospital annex located near your boundary line.
I have also been aware of your comments in which you have derided and made unfair, insulting, and untrue characterizations regarding various City officials. City official maintain a decorum and a level of respect for citizens that sometimes requires them to take passing insults and unfair characterizations somewhat in stride in their daily work. It appears to me that your repeated unfair characterizations and defamatory statements have become a form of sport for you. You couple these characterizations with your own versions and characterizations of efforts made be City officials in the last year in responding to your requests. It appears that it is time for me to advise you to stop harassing City employees.
You have been provided the information that you have requested and have been provided references to other tools within the City such as ordinances, documents, permitting process information and regulations. You have chosen not to use the aid of professionals, and you have repeatedly stated that you cannot afford such help. However, the system is fairly straightforward in that the City is required to provide you with information and materials, which it has done. It has exhausted the information that it has available to it in providing you with responses to your requests. There is nothing more any City official can provide to you, nor any other resources that you can be directed to which you have not already been directed to by the City officials. The City cannot advise you when it disagrees with your position- that is a conflict of interest. Your repeated requests relating to the same information are not going to lead to different information, nor different positions of the City officials. The fact that you do not agree with the City's position is well understood. However, there is no point, purpose or result that will be obtained in your continuing efforts to make false and untrue statements and characterizations as to the efforts of the City officials. City officials and staff employee time is a limited commodity. It is not possible or practical for the City to continue to respond to the same questions and same observations from you on a repeated basis merely because you disagree.
The City officials have expended significant time and energy in addressing your questions and requests. They have done all the can do and there is nothing more they can do at this point in time. As a result, to the extent that your e-mails, commentary and questions are repetitive, there is no purpose at this point in the City officials responding to you. That will be the course that is taken from here on regarding repetitive inquiries. Therefore, your future e-mails, to the extent that they are repetitive and cover the same issues that already have been asked and answered by the City officials, will result in an e-mail from whomever you provide the e-mail to with the simple comment that there is nothing further that the City can provide for you at this time beyond what has already been provided.
I am aware that multiple residents on Seaview Terrace do not share your concern, do not share your methodology of unfair characterizations of City employees, nor the way that you describe the impact on your property's value regarding stream/drainage swale, which has been in the same approximate location for at least 50 years and certainly for a greater period of time before it was slightly moved by the developers in the late 60s. I encourage you to seek legal an/or attorney or professional engineering advice to address your private issues. I am happy to speak with your attorney or engineer at any time.
Thank you for your consideration.
Kelly & Collins, LLC
by: William S. Kelly
7/20/12 Bill Kelly-CA Letter Strong Refusal/ BDN 2006 Sweetser/CASS school article
Immediately documents and maps were removed and corrupted after my first with Wayne Marshall in April 2011 when I came to The Planning Office pleading for assistance as runoff came crashing through my property that I had purchased in 6/2010 where there was no disclosure of a stream, watershed outlet, flood zone, not reported on the property inspection by DJ Brown of China supervised by Sam Mitchell of Town and Country Realtors, High St, Belfast Me- the listing agency for the property and the same agency of my agent, Jan Andrews. My #1 concern was no water issues on any properties- they with held and lied and sold me a nightmare soon to unfold that spring. 1/4 of my 1/3 acre lot would become wild rapids for days, ripping over 600 feet of my property with it- getting ready to take my new 6k fence with it.
The Rationale: Belfast-based window manufacturer Mathews Brothers wanted to expand [relocate?] on Perkins Road where there was no city water or sewer. The city created the TIF on the calculation that the increased value would be enough to make annual payments on a 20-year bond to extend to pay for the work, while extending the utilities to an area that includes residences.
The Wild Card: The new Coastal Farms Food Processing Facility, which opened in August falls within the Northport Avenue TIF district, which was established specificallly for the sewer expansion, which is covered by taxes on the Mathews Bros. property. Whatever money is added to the TIF fund by Coastal Farms would be extra, Marshall said, but coud be diverted to a different TIF district, like the Downtown Waterfront district. Marshall, the property is not expected to be assessed until April, so the amount of TIF revenue is unknown.
Smirking, Wayne pointed to the maps on the wall- and traced at least 5 channels coming into Seaview Terrace. To say I was aghast is an understatement. I looked at him and said you can't do that- I want a copy of that map and there was the beginning of City Hall Hell.
Here is a prime example of unethical corrupt manipulation of not providing public documents and information. They have been caught by this time, with holding requested vital development plans that prove there is my private property is not a natural outlet for the watershed. All runoff off of my property lines is illegal and catastrophic. A major lawsuit in the horizon.
Currently, I have posted the documents that City Manager, Joe Slocum has evaded for 3+ years of requesting. Had he provided these, I would be underway with the Courts. He is buying time for the 7 year statute with the immense fraud and corruption of the Captain Albert Stevens School. We may be at that statute- I can't get that information. My first request to the DEP for CASS documents was 7/2011 and they have dodged requests and did a fraudulent investigation in 9/2012 after intense persistence. Commissioner Aho closed the investigation when I reported the fraud. She and her department have since surfaced as corrupt in other dealings and is ??? probably a slap on the wrists and on with the next corrupt project. Maine Government is ranked 4th in corruption- top to bottom. Found this article where the deal not to demolish the Robertson School as originally planned in CASS construction is where it all went foul. Sweetser School was to open in 9/2006. See below Bill Kelly's letter for request and Joe Slocum manipulating. I have requested this many times- may post it all in another heading later. This serves as plenty for now. The Council meeting is outrageous denial. Below is partial article from Bangor Daily News
"SWEETSER NEARS DEAL FOR SAD34 SCHOOL"
This story was published on April 15, 2006 on Page C2 in edition 2 of the Bangor Daily News
BELFAST – A deal between the nonprofit Sweetser organization and SAD 34 that would allow Sweetser to lease the former George Robertson School is close to resolution, though for less money than previously thought.
The school building, off Miller Street, has been vacant since June. It was replaced by the Capt. Albert Stevens School...
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I have posted the spinning of my current request where the only knowledgeable trustworthy to validate the authentic documents or corruption of, is Bob Whitely, City Assessor. Joe Slocum, City Manager and Wayne Marshall, City Planner refuses to allow Bob to supervise the viewing of the original documents and the receipt of the copies. This is non-negotiable. In this network of Liberty and Justice, is there one person of with Site plan and compliance knowledge that will attend the viewing with me. I'll pay for your time, buy you lunch, and you will be impressed, enlightened, and no doubt entertained. I happen to be very joyful and fun when respected. Here's my number- Call Me, help me, 207-323-5883 or laurieallen55@msn.com
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Kelly & Collins, LLC
Attorneys
96 High Street
Belfast, Maine 04915
kellylaw@bluestreakme.com
July 20,2012
Re: City of Belfast
Dear Ms. Allen,
I am writing to you in my capacity as the Belfast City Attorney. The purpose of this letter is to address and resolve issues that you repeatedly included in emails to various City Staff and Officials which relate to the drainage swale/ditch that burdens your real property on Sea View Terrace.
The City will provide access to you for inspection of documents that it has within its possession. There will be a charge for copies, consistent with charges made to any citizen who seeks the format-typed of the various documents you seek.
The City will not bear the expense to expend Staff time for any research that you request for documents located in the Waldo County Registry of Deeds, or some other location outside of the custody and control of the City.
The City will not index or otherwise list the documents you request, or otherwise invest Staff time to organize, comment on or interpret the documents you seek. Each time has done so, it has been staff's experience that you malign or mis characterize the Staff's efforts and statements. Staff is not required to draft narrative documents, index or characterize them for you. Staff will locate documents and provide an opportunity for you to review them with Staff present, and then make copies consistent with copying charges policies adopted by the City from time to time.
The City has collected documents responsive to your recent emails in the last few weeks. They are available for inspection by you in the City Manager's Office; please contact Jennika to arrange for your inspection. However, be advised that to the extent that you, in person or through emails and letters, seek analysis, written indexing or characterizations of documents made available to your requests, the City will no longer respond to such requests. I strongly suggest that you seek professional help regarding analysis or interpretation of documents, surveys and plans provided to you. It is clear to me that you misunderstand the legal of factual basis for many of your criticisms of the City and its Staff, including, for example, the legal requirements, or lack of requirements, regarding recordation of certain plans and documents in the Waldo County Registry of Deeds, and the mistaken implications you derive therefrom.
As to the merits of your allegations, and as you have been previously informed in writing by me, the City Council, Mayor, City Manager, City Planner, Public Works Director and I find no basis for your complaints alleging City responsibility for the flow of water through your property. That position has remained the same for the past year, and it is not going to change. Your neighbors have also disagreed with your allegations and your characterizations of the conditions in the neighborhood. I am not aware of any credible source or informed person that supports your position alleging City responsibility for drainage conditions that have been present for over fifty years on the property you recently purchased.
Thank you for your consideration.
Kelly & Collins, LLC
By: William S. Kelly
Cc: City of Belfast
9/18/12 City Council Meeting- I have Registered Receipt of City Manager Violating MFOIA
Click on the picture ff10:43 I have 3 minutes to expose corruption. I state removing of ALL stormwater documents from the CASS (Capt Albert Stevens School) files. Wayne Marshall, City Planner, thought I was done with them. He didn't count on me coming back the next day when he and his posse were not in the office. Admin. Asst. Marie Stalworth gave me the files and volumes of storm water documents were in there. Mike Morse-DEP, WBRC ENG. Reports, Paul LaTrelle- SAD34, Army Corp, Abutters letters- Mr. Sanderson's -where I specifically asked Wayne the day before to see these commumications, too many to list. This site was a swamp- imagine the documents, plans, etc for drainage, runoff to come to the watershed residents. School went up and I have proved corruption of site condition compliance by the City and DEP-Commissioner Aho closes case- and Belfast takes the 5th. I state requests at least 12 times for Final Approved Site Plans of the sites that are contributing to the destruction of Seaview Terrace via this fictional "stream".
I hold the certified/registered receipt to Joe Slocum, per MFOIA, for the plans and to implement study for runoff impact to the water shed residents. No response-no action. Officials ignore and continue to batter residents, robbing tax dollars for businesses, flooding those without clout, costing thousands to moderate to low incomes in sump pumps and tens of thousands in real estate devaluing while pushing for more business and window dressing.
My request for Seaview Terrace to be included in the Northport Ave TIF District via adding WCGH (annex addition 2011 and new additions currently underway) could build City Storm Water Sewers and stop illegally destroying the private property, endangered flood zone/plain of Seaview Terrace for enormous amounts of forced City Storm Water as a free sewer is logical and necessary. They have turned this into a personal ego issue (see Eric Sanders bristling and Mayor Ash timing me to the second) to deflect from the true danger forced on Seaview Terrace. A TIF District agenda brought me to this meeting to stop them from stealing funds for downtown projects. An informant had advised that City Storm Sewer near the bypass on Northport Ave has been broken for many, many years, adding to the flooding of residents. Please, please, fix it, save our homes and lives.
No comment from the peanut gallery only Mayor Ash to interrupt me to advise I have 30 seconds left.
Current TIF districts in Belfast:
Northport Avenue (est. 2005)I hold the certified/registered receipt to Joe Slocum, per MFOIA, for the plans and to implement study for runoff impact to the water shed residents. No response-no action. Officials ignore and continue to batter residents, robbing tax dollars for businesses, flooding those without clout, costing thousands to moderate to low incomes in sump pumps and tens of thousands in real estate devaluing while pushing for more business and window dressing.
My request for Seaview Terrace to be included in the Northport Ave TIF District via adding WCGH (annex addition 2011 and new additions currently underway) could build City Storm Water Sewers and stop illegally destroying the private property, endangered flood zone/plain of Seaview Terrace for enormous amounts of forced City Storm Water as a free sewer is logical and necessary. They have turned this into a personal ego issue (see Eric Sanders bristling and Mayor Ash timing me to the second) to deflect from the true danger forced on Seaview Terrace. A TIF District agenda brought me to this meeting to stop them from stealing funds for downtown projects. An informant had advised that City Storm Sewer near the bypass on Northport Ave has been broken for many, many years, adding to the flooding of residents. Please, please, fix it, save our homes and lives.
No comment from the peanut gallery only Mayor Ash to interrupt me to advise I have 30 seconds left.
Current TIF districts in Belfast:
The Rationale: Belfast-based window manufacturer Mathews Brothers wanted to expand [relocate?] on Perkins Road where there was no city water or sewer. The city created the TIF on the calculation that the increased value would be enough to make annual payments on a 20-year bond to extend to pay for the work, while extending the utilities to an area that includes residences.
The Wild Card: The new Coastal Farms Food Processing Facility, which opened in August falls within the Northport Avenue TIF district, which was established specificallly for the sewer expansion, which is covered by taxes on the Mathews Bros. property. Whatever money is added to the TIF fund by Coastal Farms would be extra, Marshall said, but coud be diverted to a different TIF district, like the Downtown Waterfront district. Marshall, the property is not expected to be assessed until April, so the amount of TIF revenue is unknown.
2/19/2013 Bill Kelly City Attorney Final Refusal to Resolve
Kelly & Collins, LLC
Attorneys
96 High Street
Belfast, Maine 04915
kellylaw@bluestreakme.com
207-338-2702
207-338-0328 (fax)
February 19,2013
Re: City of Belfast/Seaview Terrace
Dear Ms. Allen:
I am writing to you in my capacity as the Belfast City Attorney. I previously corresponded with you on April 26 and July 20, 2012. In those letters, you were advised that the City had a disagreement with you as to any alleged allegations regarding the drainage that runs by and through your property on Seaview Terrace. You were informed that the City had provided you with all documents in its possession relative to the issues that you complained of and that the City had reached a conclusion, after exhaustively looking at all of your claims and records within the City of Belfast, regarding the management of the flow of water through your property which has been mapped and depicted as a flood plain and a natural course of water flow for many decades. You choose to ignore these important facts.
In my April and July, 2012 letters, I informed you that the City would not index documents, create memos, or draft narrative documents in response to your repeated questions. There is no requirement under the Freedom of Information act that requires the City to provide verbal or written responses to these repetitive questions. You continue to ask for these actions to be done and you ignore the clear statement from the City that it is not going to engage in responding to your questions. You choose to ignore that City position. Repetitive e-mails from you on this subject and your statements in Open to the Public are not going to change the City's position. When you come to Council meetings and make these same arguments you should expect that the Council will not be responding to you because they have already made the decision that the do not agree with your position.
The City respectfully, and for the third time, requests that you recognize we have a difference of opinions. This matter is resolved front the City's perspective.
Thank you for your consideration.
Kelly & Collins, LLC
by: William S. Kelly
WSK/kjc
cc: City of Belfast
World War II veteran in debate with Rockport over water issue 10:21 PM, Dec 20, 2012
Same town rhetoric and referring to 1987 plans. Poor man, fighting this hell in his last years. Despicable Officials. Rockport is a few miles down the road from Belfast... Must all go to same training- Corruption101 to become a town official!
Watch this poor 92 yr old vet fighting flooding 2 towns down in Rockport. His last years -abused by town. Evil.
Watch this poor 92 yr old vet fighting flooding 2 towns down in Rockport. His last years -abused by town. Evil.
A MUST WATCH- THEY GET ANGRY WHEN I TRY TO RESPOND- I'M CALM AND THEY BE MAD!
Waldo EMA-Plans for Disaster-on agenda- I speak to save Seaview @20:10 @25:50 Mayor Ash tries to tell me not to come back anymore- get a lawyer- not a chance Big Boy- I give it back- he tries to anger me- not a chance Spanky. Dale speaks @51:46 w/ overview- Council does not address Seaview Terrace, talk of Irene-flooding other states- unbelievable yet again.
Waldo EMA-Plans for Disaster-on agenda- I speak to save Seaview @20:10 @25:50 Mayor Ash tries to tell me not to come back anymore- get a lawyer- not a chance Big Boy- I give it back- he tries to anger me- not a chance Spanky. Dale speaks @51:46 w/ overview- Council does not address Seaview Terrace, talk of Irene-flooding other states- unbelievable yet again.
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