Please leave a comment for any postings that may have legal issues. I am just an innocent, poverty stricken mom posting corruption, abuse and awareness. The corrupt take offense and have the defense to mash me like a potato. Like nature, I eventually spud again. Or not. Potato, pototah, I try.
View maps, original plans, pictures of water slaughter
https://picasaweb.google.com/105736045670734847961/BelfastChamberOfCommerceForcesBoycott?authuser=0&feat=directlink
4/23/14- I have gone full circle, through every hoop of their fire hoping to destroy me. 4 years later, I'm still standing with the same truths and proof as they run into their walls of corruption. The 4/1/14 City Council Meeting is the final link. City Manager, Joe Slocum's attempts to slander me further backfire. He displays another 19 hours of his work to deny public documents as he has for 4 years. Easily hundreds and hundreds of hours by many City Hall officials. Cha Ching, Cha Ching! This mess he has displayed is for a simple request of Zoning Conditions for snow removal on the 14 sites that are illegally stock piling snow all winter, that illegally melt to us, flood plain, flood zone A private property, and drown us. Year after year as Belfast City Hall destroys us. And one more document, 4th year in requesting, for the Final Approved Site Plan for the 2007 Captain Albert Stevens School that was issues a corrupt permit by Maine DEP and Belfast Planning Board. The storm water drainage corrupt, and the final slaughter of immense water forced to residents.
Joe Slocum, City Manager and Councilor Mike Hurley in this meeting are trying to paint me as a woman focused on wasting their time and waiting for me to "Request time cards for all City employees". They are trying to extinguish the request for public spending for legal fees, studies, consultations, grants, matching funds, capital projects, recreation wants, see tab above. City Manager, Joe Slocum is spinning another web with intimidation tactics, hourly charges, time restraints, the same old schtick. The next meeting on 4/15/14, I gave the request direct to my ward 1 Councilor, Mary Mortier. Also a local reality agent, also refusing to provide MLS listings on my street, that have the man-made "stream" disclosed in the listing. Proving, my listing was corrupt- the stream not disclosed, knowing I would have refused the property as I did other's disclosing a stream or any water issues.
Below is the original Liars Club blog.
Joe Slocum (Belfast City Manager) and Wayne Marshall (Belfast City Planner) manipulation and extortion for basic public documents, claiming non existent (City Work orders for heavy equipments, storm water/infrastructure maps, final approved site plans, Site Zoning Conditions of Approval) , difficult to locate, will be extensive hours, will do his best and charge me for research that will not produce true documents in the end , refuses to allow City Councilor Roger Lee or Bob Whitely, Belfast Tax Assessor to validate documents because they are false, offers overwhelming tainted files instead of the actual documents (which have been removed), will then claim he has fulfilled my requests but that I am too stupid to know what I am looking at and still refuse a City official of my choice to validate viewings , will have the City Attorney send me a letter stating my requests will not be honored, that I need to hire an attorney, will begin ordering police guards when I keep coming to meetings to speak, Council will call me in as threat to the Chief of Police, Council will take the 5th at meetings when I address issues for their assistance, and deny my rights, Council will slander me publicly after I have left the meeting, meeting after meeting they attempt to break and silence me...
View maps, original plans, pictures of water slaughter
https://picasaweb.google.com/105736045670734847961/BelfastChamberOfCommerceForcesBoycott?authuser=0&feat=directlink
4/23/14- I have gone full circle, through every hoop of their fire hoping to destroy me. 4 years later, I'm still standing with the same truths and proof as they run into their walls of corruption. The 4/1/14 City Council Meeting is the final link. City Manager, Joe Slocum's attempts to slander me further backfire. He displays another 19 hours of his work to deny public documents as he has for 4 years. Easily hundreds and hundreds of hours by many City Hall officials. Cha Ching, Cha Ching! This mess he has displayed is for a simple request of Zoning Conditions for snow removal on the 14 sites that are illegally stock piling snow all winter, that illegally melt to us, flood plain, flood zone A private property, and drown us. Year after year as Belfast City Hall destroys us. And one more document, 4th year in requesting, for the Final Approved Site Plan for the 2007 Captain Albert Stevens School that was issues a corrupt permit by Maine DEP and Belfast Planning Board. The storm water drainage corrupt, and the final slaughter of immense water forced to residents.
Joe Slocum, City Manager and Councilor Mike Hurley in this meeting are trying to paint me as a woman focused on wasting their time and waiting for me to "Request time cards for all City employees". They are trying to extinguish the request for public spending for legal fees, studies, consultations, grants, matching funds, capital projects, recreation wants, see tab above. City Manager, Joe Slocum is spinning another web with intimidation tactics, hourly charges, time restraints, the same old schtick. The next meeting on 4/15/14, I gave the request direct to my ward 1 Councilor, Mary Mortier. Also a local reality agent, also refusing to provide MLS listings on my street, that have the man-made "stream" disclosed in the listing. Proving, my listing was corrupt- the stream not disclosed, knowing I would have refused the property as I did other's disclosing a stream or any water issues.
Below is the original Liars Club blog.
Joe Slocum (Belfast City Manager) and Wayne Marshall (Belfast City Planner) manipulation and extortion for basic public documents, claiming non existent (City Work orders for heavy equipments, storm water/infrastructure maps, final approved site plans, Site Zoning Conditions of Approval) , difficult to locate, will be extensive hours, will do his best and charge me for research that will not produce true documents in the end , refuses to allow City Councilor Roger Lee or Bob Whitely, Belfast Tax Assessor to validate documents because they are false, offers overwhelming tainted files instead of the actual documents (which have been removed), will then claim he has fulfilled my requests but that I am too stupid to know what I am looking at and still refuse a City official of my choice to validate viewings , will have the City Attorney send me a letter stating my requests will not be honored, that I need to hire an attorney, will begin ordering police guards when I keep coming to meetings to speak, Council will call me in as threat to the Chief of Police, Council will take the 5th at meetings when I address issues for their assistance, and deny my rights, Council will slander me publicly after I have left the meeting, meeting after meeting they attempt to break and silence me...
A few examples from direct from Joe
Slocum's emails. Wayne Marshall's emails are too packed with intent
to confuse and detour with garbage to earn space here. They are on my
other blogs.
1.
Marina
Delune City Councilor 8/16/2011-
Unbelievable
responses from my ward Council rep. Pray, meditate, not her job,
personal reference after personal reference, clueless, useless, a
deterrent smokescreen for City Hall...
Laurie,
I highly encourage
you not to proceed further until the neighborhood meeting occurs, and
you have given the City Manager a chance to respond to your
requests. The City Manager is very busy, especially because he
has been away, but I'm sure that he will have responses by the time
of the neighborhood meeting. I can assure you the takes this
matter very seriously, but his time is also limited.
As
I have told you, I can't demand maps on your behalf that I am being
told do not exist, and of which I have no knowledge. The City
Manager knows what maps are in existence. He is an attorney, and is
very scrupulous in complying with any requirements that the City must
meet.
Any
other action that you take before these two things have occurred I do
not believe will be helpful to your cause.
Marina
8/19/2011
Laurie, I have
not wanted to give out this very private information, and perhaps I
should not be sharing it with you now, but the matter has taken
longer than anyone expected, so I will.
Joe's
sister is dying of pancreatic cancer, and was expected to die earlier
in the week, but is still hanging on.
But
even more heartbreaking, the daughter of Joe's sister who is dying,
was killed in an automobile accident last Friday.
We
think Joe will be back early next week.
I
am telling you this, against my better judgment. Joe has a right to
his privacy. However, because this has gone on longer than
was expected, I wanted you to have a better
understanding of the situation.
Best wishes,
Marina
7/20/11
Email from Marina
Regarding
the map issue, Wayne has told me that he will copy any map that can
be copied. He does not know what map you are referring
to, he but will try to identify it and copy it for you. I do not
believe that he is trying to "cover up" a map that might be
useful to you. I urge you to make the focus of the meeting on finding
out if there's some way the City can prevent future flooding. With
the hospital involved, I think your chances are greater that this
might happen. If you intend to peruse litigation, the DEP is
your best bet for getting legal matters resolved.
Marina
Right
below Marina tells me I can't have an agenda at a recorded meeting
and she can't help me. Sorry.
8/19/11
Laurie,
I have never been involved in matters that affect planning, nor
should I have. This has been a Planning Board issue.
The only issues
that the City Council gets involved in with regarding planning are
matters of policy that affect the city as a whole, such as how many
parking spaces are required for restraints, etc., and crafting
of zoning requirements, such as the Front Street Shipyard, which
involved land that the City owned. Individual matters regarding
planning are handled by the Planning Board, because City Councilors
do not have expertise on issues such as drainage, which I've told you
since the beginning, I have no understanding of.
Because I have
gotten myself involved regarding issues that are not areas
of my responsibility or expertise, I have advised you improperly.
This is not a City Council matter, and it will not be included as an
agenda item. I am very sorry to have misinformed you.
What I can
assure you of is that I have truly tried to be helpful to you. I have
not been taking sides.
I will attend
the meeting on Friday. I know that you are highly skeptical of the
meeting's value, but I hope that I will see you there.
Sincerely,
Marina Delune
10/28/11 Marina
(Walter is Mayor Ash)
Hi Laurie,
Because
it makes it hard for Joe to assist you if he has to go through me or
Walter, you need to contact his administrative assistant Jennika
Lundy, at <managersupport@cityofbelfast.org>.
She is very helpful, and I'm sure that you will feel comfortable
working with her.
Best wishes,
Marina Delune
Date: Tue, 18 Oct 2011 12:37:00 -0400
Subject: Re: Storm Water Maps Final Request
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
CC: councilors@cityofbelfast.org
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, Belfast City Manager
Date: Tue, 18 Oct 2011 12:37:00 -0400
Subject: Re: Storm Water Maps Final Request
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
CC: councilors@cityofbelfast.org
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.
Here
is the excerpt from the City Clerks Manual on the charges associated
with having government employees search through public records and
copy records when requested from the public. Obviously if the records
were readily available there would be no need to search for them and
all we would be addressing is the copying cost. I hope this is
helpful.
Thank you,
Joe Slocum, Belfast City Manager
| Thu 1/26/12 11:38 PM | |
| LAURIE ALLEN (laurieallen55@msn.com) |
Laurie,
if I thought for one moment that the City was corrupt, I would
stand against it. Honestly. I know you are convinced that there
are all kinds of shenanigans and machinations going on, but the
truth is it would be WAY easier for us to pay to help build up the
stream, etc. and we'd all prefer to do that rather than take up
both our and your time and energy than make you miserable and
angry. I know that you don't believe this, but it's the God's
honest truth. I swear on my mother's grave.
When
we made the site visit, I heard Chris Cabot say that he thought
shoring up your part of the stream could be done for just a few
thousand dollars. He also said that the City had done nothing
wrong. All the drainage permits were obtained, and drainage
reserve holdings (can't remember the exact technical term) that
are required were built.
We
don't want to go through all this for a few thousand dollars any
more than you do. It has already cost the City far, far more in
time and the money that it has cost to do the research than it
would cost to fix the problem. Unfortunately legally we can't show
any preference to you, and use taxpayer's money for something that
is not the City's responsibility. I know that you don't believe
it, and no amount of arguing will convince you of that fact, but
it is illegal for us to do so. I have no doubt that the attorney
general will confirm this fact.
As
for flooding and homelessness, Wayne advised you to get flood
insurance, which you did. ANYONE living on a flood plain,
which your property has been FOREVER, long before any
development, needs to have flood insurance, and I'm surprised that
you were able to get a mortgage without it. Wayne gave you
extremely good advice because if there is a flood, you will be
covered, and thankfully you WON'T become homeless. So at least you
can have some peace of mind about that. The good advice that he
gave you you called bullying. But the fact is, you needed
that insurance, and someday you may be very thankful that he gave
you that advice. Shoring up the stream, doing any drainage work,
etc. will not change the fact that you live on a flood plain,
and that floods have regularly occurred before any development
ever happened. All that work could be done, but someday,
historically, you probably would STILL experience a flood. And if
it does, your insurance will cover it.
I
sincerely don't believe that anything the City has been
corrupt. Yes, there have been some mix-ups as to where information
has been stored, but ultimately, every single piece of
information indicates that the stream is on private
property, it was moved by a developer, the Engineer many years ago
determined that it was not the city's responsibility, that the
development above the stream has had drainage reservoirs put in
place that comply with requirements, and that your problem has
been caused by climate change along with the erosion that occurs
with any and every moving body of water on earth. I could be
wrong, but as near as I can understand, I don't believe that the
City has done anything wrong.
I
am not the deciding factor. The entire Council is very clear about
this.
I
am truly, truly sorry that I am unable to help you. I don't like
to see anybody suffer. Trust me, when you grow up with Cerebral
Palsy and a deformity, you experience major bullying, and I would
not do that to anyone else.
If
I were in your position, I would meditate and pray about what I
should do. What I have experienced in life is that
peace of mind is FAR, FAR more important than any problem or
worry.
For
a while I got all upset about the fact that my landlord had hidden
the fact that there are both huge amounts of black mold
and lead in the building, both of which can cause hearing loss,
which has seriously affected my life. For a while I thought about
suing them and absolutely despised them. But I prayed about it,
and decided to just get a new place because I was being eaten
alive by my anger and resentment.
Now
I have a beautiful apartment, a wonderful landlord, a dining room,
and a bathtub. My hearing will probably never return, but I am so
much happier and have peace of mind rather than destroying myself
with anger, which, for me, is far more crippling.
I
wish you well.
Sincerely,
Marina
Delune
-----
Original Message -----
From: LAURIE ALLEN
To: mpercival@midmaine.com
Sent: Thursday, January 26, 2012 5:47 PM
Subject: RE: Stormwater/Noise Ordinance vs State Law
Please Marina, you have avoided this like the plague in all aspects and have been a deterrent. All the lies, refusal to give information, with holding documents, you are not even mentioning all the water forced here by the City, on and on it goes. This makes me sick. You know this City is corrupt and are turning your head. We teach our kids to step up against the bully, and hold onlookers as guilty as the bully. I am stuck here now and I will do my best to expose the evil ways . Many residents have contacted me that had problems and received the same treatment- nothing but torture and bullying, wearing them down. Many haven't because they don't know how to reach me... they will, they will. I have nothing to loose now, can't even go to the movies, this has consumed any joy we so desperately needed, you have no idea our past.
Depending who you are and what you are is the deciding factor. You could have made a difference. Your decision. I move on for justice.
That City Hired (certainly not biased just like the City Attorney) Engineer report from 1987 was with held also, and even with that, Planning decided to build and flood us even more. Was that supposed to intimidate me ? Disgusting.
Get that City storm water out of here and fix the roads damaged from all the water and refusal to provide City maintained drainage. That is what you can do but choose not. Vote for another 5% raise with our money. Beautiful. Some more rocks, an ice rink, chess club, whatever Council wants at the demise of our infrastructre. Bet Mike's stream doesn't have half the City draining through it. Enough.
Under the impression...I have been nothing short but screaming it, shoving it in your face and you truly don't believe it ???? How am I supposed to digest that? You think that makes me feel better?? You couldn't be more wrong.
Enjoy your bike when we are flooded and homeless.
From: mpercival@midmaine.com
To: laurieallen55@msn.com
Subject: Re: Stormwater/Noise Ordinance vs State Law
Date: Thu, 26 Jan 2012 14:20:06 -0500
Laurie, I'm sorry that I am unable to personally address your concerns.
These are highly legal matters. The only information I would be able to get would be through the City Attorney and the City Planner, and you are able to do that yourself. I have forwarded on your requests and complaints to them.
Surely you must understand that I am unable to hire an independent attorney to do research on these issues. This is not the role of an elected official receiving $80 a month for their service Our role is to set policy and to refer citizens to the proper authorities. For $80 a month, nobody expects us to get involved in matters on which we have no expertise, and the questions you are asking require that expertise.
I am under the impression that you believe that the City has conspired to withhold information in order to not have to fulfill its obligations. Despite some confusion as to where that information might be, I truly don't believe that any intentional withholding has occurred.
I wish that I was able to assist you in getting the bank of the stream re-inforced. It is very difficult for me not to be in a legal position to be of assistance, because I truly want to be helpful to you. But if the Council were to treat your case any differently than within the scope of its legal responsibilities, we would have to do so for every other drainage complaint that was brought to us for which the council also had no legal responsibility. A large percentage of residences in Belfast have water in their basements, and in the last 5 years, with the increase in rainfall due to climate change, it's only gotten worse, and will probably continue to get worse as the amount of rainfall continues to surpass historical levels. As you know, there has been extreme weather and flooding incidences throughout the country that is very, very serious. It's one of the reasons that I ride my bike and advocate for policies that reduce energy consumption because I strongly believe that greenhouse gases are responsible for the increased rainfall and consequent erosion that you are experiencing.
I know that you feel differently, and that it's causing you a great deal of frustration and anger that is really affecting your peace of mind. I truly feel badly about it. I don't want my constituents to be suffering. But Laurie, please believe me when I tell you that I am not blowing you off. There is nothing that I can legally do for you in terms of remedying your situation.
I have forwarded your requests to Jennika, and the City Attorney will respond to those requests. I will do so with any further requests that you I receive from you.
I have called Mid-Maine to see if there is a way for me to send email correspondence to you with the ward1councilor address, but because it comes directly to mpercival@midmaine.com, they are unaware of a way to do so.
But for your record keeping purposes or any legal verification, you have it in writing that you sent the correspondence to me at ward1councilo@cityofbelfast.org, and that I responded in that capacity.
Best wishes, truly,
Marina Delune
Ward 1 Belfast City Council
----- Original Message -----
From: LAURIE ALLEN
To: mpercival@midmaine.com
Sent: Wednesday, January 25, 2012 3:54 PM
Subject: RE: Stormwater/Noise Ordinance vs State Law
Marina,
I am requesting for responses to be sent through you. As my representative in local government you must be bound to learn laws that affect us. How can you sit on council and vote on things that you have not researched? I am not allowing for this and will continue to demand for ethics and accountability. Bringing in the City Attorney to support Council was not even relevant, how much did residents pay for that? Disgraceful. Allowing Mike Hurley to slander me has put us on a strictly facts forum.
Sincerely,
Laurie Allen
From: mpercival@midmaine.com
To: laurieallen55@msn.com
Subject: Re: Stormwater/Noise Ordinance vs State Law
Date: Wed, 25 Jan 2012 15:19:43 -0500
Hi Laurie,
Laurie these are legal matters of which I have absolutely no expertise, but I will forward all your requests on to Jennika.
My personal email address and my ward1councilor are the same- when I receive correspondence it comes directly to mpercival@midmaine.com- the Ward1 address is just to protect my privacy, I think it's so that I'm not receiving a lot of junk mail.
But for your record purposes you can record that this was official City business that was sent to my ward1 councilor address and that I received it and responded as such.
Best wishes,
Marina
----- Original Message -----
From: LAURIE ALLEN
To: ward1councilor@cityofbelfast.org ; LAURIE ALLEN
Cc: rosicostello@gmail.com ; Erin Wofford ; charlesbeck7@gmail.com
Sent: Wednesday, January 25, 2012 8:48 AM
Subject: Stormwater/Noise Ordinance vs State Law
Marina Delune,Below Marina is now embarrassed for calling me in as a threat to the Chief of Police- which I'm sure gave cause for a back ground check, etc. I knew going in that the only way to fight City Hall is to be sure you are above City Hall and all else- best be squeaky clean, and not make one mistake from here on in. They are watching and waiting to take me down. I did enjoy meeting with the Chief- I love to talk and interact, nothing to hide and enjoy taking pokes at the City Hall fools.
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
Belfast Me 04915
From:
mpercival@midmaine.com
To: laurieallen55@msn.com
Subject: Re: Failure of Man
Date: Wed, 1 Feb 2012 16:22:06 -0500
To: laurieallen55@msn.com
Subject: Re: Failure of Man
Date: Wed, 1 Feb 2012 16:22:06 -0500
Hi
Laurie,
Thank-you
for your email.
I
feel a little guilty and embarrassed now about what was clearly an
overreaction to your email, but I did feel threatened by the
language and was truly afraid that things had escalated out off
control and might end in violence.
I
have been insulted several times, quite outrageously, by Mike
Hurley, as have many, many other people. It's almost a rite of
passage living in Belfast, and anyone who has lived in Belfast for
awhile is very aware of this. Rather than damaging your
reputation, you are much more likely to have gained sympathy from
the public
He
rarely apologizes. But he will often turn right around later and
do something kind and helpful.
Believe
it or not, after his rant, he tried to find a way that we
could help you to reinforce the banks of your stream inexpensively
using some kind of wire netting system. We were told that the City
can not selectively help out in matters involving private
property- that in matters concerning drainage if we set a
precedent it could cost millions and millions of dollars to
help everyone else.. But Mike did sincerely make an effort to help
you, doing research as to what was out there that could do the job
inexpensively. He does really care about people, he just has a
very short fuse, But once he's blown off steam, he doesn't
hold on to his anger. Physically, I can assure you, he wouldn't
hurt a fly, and you are in no danger.
Laurie,
at the neighborhood site visit, I heard both Chris Cabot from the
DEP and Mike Hogan say that your drainage and erosion problem was
not a serious one, and that it could be adequately addressed with
$2000 to $3000 worth of work. I know that you are very hard up for
money, so perhaps there is little comfort in that for you. But I
also I know that you feel your house is in imminent danger,
but that is not the impression that I got from them at all.
Perhaps Mike Hogan would be willing to talk to you about that and
have some helpful suggestions.
2/6/12 Another Marina email
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
Another unbelievable Marina email 2/8/12
Laurie,
as I have told you, this is not my role. I do not have the time
nor the expertise to know whether Wayne has adequately
addressed all of your questions and concerns. Most of your
questions are of either a technical or legal nature. During
our very first phone conversation, I told you that I have no
knowledge of drainage issues. Often I do not even understand what
your questions mean or what you are asking for.
I
will be directing both Wayne and Jennika to reply directly to you.
Marina
2. City Manager Joe Slocum- 8/2011
Dear Ms. Allen,
2. City Manager Joe Slocum- 8/2011
Dear 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. 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. (THIS IS A LIE- NEVER A STREAM HERE- IT IS A MAN MADE DITCH DUG FOR RUNOFF FROM RTE 1 PRIOR TO BEING SOLD TO THE DEVELOPER IN 1967)
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. (LIE- THIS NOT THE MAP I WAS SHOWN)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. (LIE)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 (SERIOUSLY- STILL MAKES ME LAUGH 4 YEARS LATER) 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. (BECAUSE YOU ARE USING MY PROPERTY AS A FREE STORM SEWER FOR MILES AND MILES OF IIMPERVIOUS GROUND AND YOU KNOW IT AND DENY. THE COST TO SAVE US IN NOT WORTHY- PROPERTY TAXES 101 IS INFRASTRUCTURE TO PROTECT RESIDENTS- IT IS LAW- SO WHAT WHO CARES)
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. (SETTING ME UP FOR A STATE LAW NUISANCE STATUTE- ILLEGAL TO SEND ACCUMULATING WATER TO ANOTHER- THIS IS WHY MANY RESIDENTS ARE SILENT- THEY ARE FORCED TO FEND FOR THEMSELVES AND ILLEGALLY DRAIN TO ANOTHER. NEIGHBORS SUE EACH OTHER)
7. I do not know what all the rules are for private people sending their surface or ground water into natural streams (OH YES YOU DO- PRIOR ATTORNEY AND THE CITY ATTORNEY (COLLINS) PRIOR ATTORNEY WITH THE MAINE MUNICIPAL ALLIANCE) 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, Aug 12, 2011 at 8:42 AM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
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. 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. (THIS IS A LIE- NEVER A STREAM HERE- IT IS A MAN MADE DITCH DUG FOR RUNOFF FROM RTE 1 PRIOR TO BEING SOLD TO THE DEVELOPER IN 1967)
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. (LIE- THIS NOT THE MAP I WAS SHOWN)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. (LIE)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 (SERIOUSLY- STILL MAKES ME LAUGH 4 YEARS LATER) 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. (BECAUSE YOU ARE USING MY PROPERTY AS A FREE STORM SEWER FOR MILES AND MILES OF IIMPERVIOUS GROUND AND YOU KNOW IT AND DENY. THE COST TO SAVE US IN NOT WORTHY- PROPERTY TAXES 101 IS INFRASTRUCTURE TO PROTECT RESIDENTS- IT IS LAW- SO WHAT WHO CARES)
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. (SETTING ME UP FOR A STATE LAW NUISANCE STATUTE- ILLEGAL TO SEND ACCUMULATING WATER TO ANOTHER- THIS IS WHY MANY RESIDENTS ARE SILENT- THEY ARE FORCED TO FEND FOR THEMSELVES AND ILLEGALLY DRAIN TO ANOTHER. NEIGHBORS SUE EACH OTHER)
7. I do not know what all the rules are for private people sending their surface or ground water into natural streams (OH YES YOU DO- PRIOR ATTORNEY AND THE CITY ATTORNEY (COLLINS) PRIOR ATTORNEY WITH THE MAINE MUNICIPAL ALLIANCE) 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, Aug 12, 2011 at 8:42 AM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum,
Thank you for your time to give me this lengthy response. Please understand that my inquiries are not new, I gave them to Mr. Marshall on 6/7/11, today is 8/12/2011.
Natural
ceases to exist when the man uses heavy equipment to alter
nature.
Please stop insulting me.
Sincerely,
Laurie Allen
Please stop insulting me.
Sincerely,
Laurie Allen
9/9/2011 Joe Slocum-
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
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
11/10/2011
Joe
Slocum
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
have found no maps of
storm water channels draining into the stream at your private
property.
City Council Mike Hurley begins diversion and baiting .
Mike Hurley [mailto:mike@pilut.com] Sent: Friday, November 11, 2011 10:04 AMTo: 'Joseph Slocum'; 'LAURIE ALLEN'Cc: 'Councilors'; 'Jennika Lundy'Subject: RE: Further follow up on your November 3rd request
Mike Hurley [mailto:mike@pilut.com] Sent: Friday, November 11, 2011 10:04 AMTo: 'Joseph Slocum'; 'LAURIE ALLEN'Cc: 'Councilors'; 'Jennika Lundy'Subject: RE: Further follow up on your November 3rd request
Hello all: I know Ms. Allen has reached out to various councilors personally. I think the potential for divisive miscommunications is very high with her. I hope we’ll agree on one contact person as she could easily take this to a lawyer . We need to speak with one voice. If we have different perspectives we should talk about it and think about insuring a unified understanding of her problem and complaints and situation and have a unified response for her. I believe that Joe has been doing a good job with trying to provide her with straight forward answers. Thanks/ Mike
HERE COMES THE HAMMER PASS ME OFF TO THE SECRETARY! Council taking
the 5th
| From: | |
| Sent: | Tue 11/22/11 10:10 AM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
Hi
Laurie/ Jennika Lundy has been asked to be the single point
of contact for you by the City of Belfast. She should be in
touch with you soon. Thanks/ Mike Hurley
| From: | |
| Sent: | Tue 11/22/11 5:17 PM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
Hi Laurie/ I take it you’d like to try to solve your problem? If so: let’s try calming this sown and see what the actual issues are and if there are any possible solutions that the City can help with. Burying people with multiple emails do little to help. From now on: all communications go through Jennika Lundy. Thanks/ Mike
Here is where I am told the City Work Orders for heavy equipments do not exist by Bob Richards, Public Works Director ( he uses a steno pad and writes notes! Right, OSHA would shut Belfast down)
| From: | |
| Sent: | Tue 12/06/11 8:54 AM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
Hi
Laurie,
I can make color copies for you at some point this morning. I apologize but I have a meeting out of town this afternoon and I will be gone from 12 until around 3:30.
I have Bob Richards looking into daily work sheets, as he says he does not have work orders.
I just sent you the current salaries for the City Manager, the City Planner, and the Public Works Director.
Jennika
I can make color copies for you at some point this morning. I apologize but I have a meeting out of town this afternoon and I will be gone from 12 until around 3:30.
I have Bob Richards looking into daily work sheets, as he says he does not have work orders.
I just sent you the current salaries for the City Manager, the City Planner, and the Public Works Director.
Jennika
Councilor Mike Hurley Slanders me then defends his rant after I am fearing for my safety. On 11/1/11, after 7 months of getting shoved down rabbit hole after rabbit hole, I go public at the City Council meeting- you can view the meetings in the tabs on www.boycottbelfast.blogspot.com. Mike Hurley routinely bashes residents. My Council, Marina Delune even stated it is a right of passage in Belfast to get abused by Mike Hurley and all of Council laughed and agreed. Not kidding- it's in the meetings.
Mike
Hurley’s public rant against me at the 12/6/11 City Council
meeting
“I want to respond during the discussion about water. I cane to the entire subject early on when we stated getting copied here on everything, wit a pretty open mind about it, well, is there a problem here? What’s the problem? I think that’s what we do her quite often is hey what’s the problem and try to fix it and if there is something we can do. I want to say I had an open mind to it but having had the avalanche of emails that we received and what we heard tonight again, I just want to say that, ya know, if anybody thinks the way to solve a problem is to insult people with things like, Wayne’s World, Ignorant, Dysfunctional, Shot to Hell, Deceiving, Corruption, Lies, Cover Ups, Bullied, I want to add one word…RIDICULOUS. I’ve worked with all these guys and I’ve been on the wrong side of government in the past and I’ve been on the wrong side of government while I’ve been in government. And ya know, it’s just ridiculous to listen to this stuff. I would not object to putting this on the agenda for us to talk about what we should do about this if anything. But, you know, to listen to these to these kind of character assassinations pf people who could really be bothered to do these things to this woman, I’m really sorry, nobody has any interest in doing any of these kinds of things that she keeps proclaiming and you know it’s unfortunate she takes it completely publicly and tonight even, I kept waiting for her, what’s the problem (out of quote for me to say, I clearly stated in the beginning what the problem, what I wanted done, and backed it up with facts for the ?? Time) How would we address the problem. I THINK SHE’S MORE INTERESTED IN FIGHTING, but I’m willing to talk about it and look at it and maybe, ya know, there’s something we can do, I don’t know. But anyway, I FEEL LIKE WAYNE AND JOE, IN PARTICULAR HAVE BEEN AN ABSOLUTE PINATA AND I APPRECIATE THEM BEING RESTRAINED. I am sure, I can tell from everything that the landowner is absolutely feels put upon by the water that runs in the stream in through her yard. I think, maybe there’s a way to solve this but constantly insulting the people you’re trying to talk with, at least it’s never worked for me at home.”
This is the 3rd time a City Official has publicly discredited me at a City Council meeting while I was at home watching this live and horrified.
“I want to respond during the discussion about water. I cane to the entire subject early on when we stated getting copied here on everything, wit a pretty open mind about it, well, is there a problem here? What’s the problem? I think that’s what we do her quite often is hey what’s the problem and try to fix it and if there is something we can do. I want to say I had an open mind to it but having had the avalanche of emails that we received and what we heard tonight again, I just want to say that, ya know, if anybody thinks the way to solve a problem is to insult people with things like, Wayne’s World, Ignorant, Dysfunctional, Shot to Hell, Deceiving, Corruption, Lies, Cover Ups, Bullied, I want to add one word…RIDICULOUS. I’ve worked with all these guys and I’ve been on the wrong side of government in the past and I’ve been on the wrong side of government while I’ve been in government. And ya know, it’s just ridiculous to listen to this stuff. I would not object to putting this on the agenda for us to talk about what we should do about this if anything. But, you know, to listen to these to these kind of character assassinations pf people who could really be bothered to do these things to this woman, I’m really sorry, nobody has any interest in doing any of these kinds of things that she keeps proclaiming and you know it’s unfortunate she takes it completely publicly and tonight even, I kept waiting for her, what’s the problem (out of quote for me to say, I clearly stated in the beginning what the problem, what I wanted done, and backed it up with facts for the ?? Time) How would we address the problem. I THINK SHE’S MORE INTERESTED IN FIGHTING, but I’m willing to talk about it and look at it and maybe, ya know, there’s something we can do, I don’t know. But anyway, I FEEL LIKE WAYNE AND JOE, IN PARTICULAR HAVE BEEN AN ABSOLUTE PINATA AND I APPRECIATE THEM BEING RESTRAINED. I am sure, I can tell from everything that the landowner is absolutely feels put upon by the water that runs in the stream in through her yard. I think, maybe there’s a way to solve this but constantly insulting the people you’re trying to talk with, at least it’s never worked for me at home.”
This is the 3rd time a City Official has publicly discredited me at a City Council meeting while I was at home watching this live and horrified.
| From: | |
| Sent: | Sat 12/10/11 1:22 PM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
Hi
Laurie/ what you have called my denouncing of you is a
misinterpretation. I am denouncing your attitude and your language.
You have repeatedly used insulting language that is unacceptable to
me. You throw around words like bullying, Wayne’s World, corrupt,
liars, etc. etc. etc. I do not agree with you in the use of these
words regardless of whatever your problem may be regarding the
stream that crosses your property. You do not have a right to
verbally attack and abuse people and go unchallenged for using the
language you choose to repeatedly use. So in my words: your choice
of language is rude and ridiculous. You have a problem with your
stream where it crosses your property. If you want to talk about the
problem; fine. But I will not just stand by while you repeatedly
attack people who are trying to do their job. We will probably have
a public discussion on city responsibility for storm water . Best/
Mike Hurley
Michael
D. Hurley
Belfast
City Council
93
Main Street
Michael
D. Hurley
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 and begin the turnover of undisclosed hell. 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.
_____________________________________________________________________________________________________
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
1/17 2012 Joe Slocum
2//7/2012 Joe Slocum
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
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.
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. 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 the he said was unbuildable. 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 the resident telling me
the facts. She spent hundreds spent in appeals to the Zoning Board of
Appeals, to be voted down. The house stays. Later, a 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 the fought to save
their home. Forced to hire an attorney that said open and shut,
highly illegal... and after 10k all she 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.
_________________________________________________________________________________
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
7/3/12
Joe Slocum
I see no value in responding to your continuing mis-characterization my actions, alleged in-actions, my statements and words whether verbal and written. My silence to such assertions does not represent acceptance.
Thank you,
Joe
7/20/12 Another City Attorney Unethical letter
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
_______________________________________________________________________
2/9/13 City Attorney Bill Kelly's last letter.
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
3/1/13- Attorney General's office
for Freedom Of Information supporting corrupt Belfast City Attorney.
Note- Rose Smith never contacted me. Maine State Ballet of
Corruption.
| From: | |
| Sent: | Fri 3/01/13 1:22 PM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
Ms.
Allen,
The
Executive Secretary to the Attorney General, Rose Smith, will be in
touch with you after attorneys in the office have reviewed your
complaint.
According
to counsel for the City, any requests for documents have been fully
responded to. I understand that there are questions you want the
City to answer, but the FOAA does not require a response to these
questions.
Brenda
Kielty
It is Wayne Marshall, City Planner that is burying the documents and ordering employees not to help me since April 2011 when white water rapids crashed through my yard and he showed me a map and all the channels forced to us. I told him he can't do that and the map went missing, all doors slammed shut from there on in.
Kielty,
Brenda (Brenda.Kielty@maine.gov)
|
|
| Sent: | dated 3/13/13 10:13 AM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
The
inspection of public records may be scheduled during reasonable
office hours and at a time that will not delay or inconvenience the
regular activities of the official having custody or control of the
public record requested. You may contact Mr. Marshall’s office
directly to schedule inspection of the records that are responsive to
your request. Mr. Marshall asks that you allow three days of notice.
You have demanded that a specific public official, the tax assessor,
be present for your inspection. While you may make such a request,
the allocation of staff for responding to a FOAA request is a
determination to be made by the agency or official having custody of
the records.
Your
next step is to let Mr. Marshall’s office know when you want the
inspection to occur.
Brenda
Kielty
From: LAURIE
ALLEN [mailto:laurieallen55@msn.com] Sent: Tuesday,
March 26, 2013 10:44 AMTo: Kielty,
BrendaSubject: RE:
Forward to AG Ex Sec Rose Smith
Ms.
Kielty,
Commissioner Aho of DEP conducted a fraudulent investigation and closed the case. This is all related. Her letter is on my blog. I will copy it below my request for the MFOIA that keeps getting side stepped. If you can't order this, advise who can.
1. Who investigates DEP Commissioner AHO fraud?
2. Who can order the confirmation of my specific, simple request to Wayne Marshall?
Commissioner Aho of DEP conducted a fraudulent investigation and closed the case. This is all related. Her letter is on my blog. I will copy it below my request for the MFOIA that keeps getting side stepped. If you can't order this, advise who can.
1. Who investigates DEP Commissioner AHO fraud?
2. Who can order the confirmation of my specific, simple request to Wayne Marshall?
From:
Brenda.Kielty@maine.gov
To: laurieallen55@msn.com
Subject: RE: Forward to AG Ex Sec Rose Smith
Date: Tue, 26 Mar 2013 14:03:16 +0000
To: laurieallen55@msn.com
Subject: RE: Forward to AG Ex Sec Rose Smith
Date: Tue, 26 Mar 2013 14:03:16 +0000
Ms.
Allen,
Your
concerns were reviewed by this office. It was determined that this is
a DEP matter and any recourse that you may seek should be directed to
that agency.
Thank
you,
Brenda
Kielty
3/27/14 Joe Slocum (my request accounting on public spending on projects proposed, scrapped, completed, underway and pending. And City Attorney fees in house, lawsuits, verdicts and Zoning Conditions to be verified by Tax Assessor Bob Whiteley or City Council Roger Lee.)
- Any
fees paid to the City’s regular legal Counsel would have to be
identified by going through years of monthly statements to identify
fees that were paid in regard to any lawsuit. Our monthly legal bills
are not always broken down by topic.
Accordingly
I am now asking you to pay $130 in advance before I assign someone to
research out these requests. This is billable at the rate of $15 an
hour and will be charged after the first hour is concluded. If the
task requires more time I will ask for additional payment, if it
requires less than I will provide you with a refund. I will be
pleased to maintain an accounting and supply you with that. You may
pick whichever task you wish us to work on first. I would estimate
about 4 weeks to get this work done and back to you.
- 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.
To See DEP Commissioner Aho corruption destruction to my DEP jurisdiction wetlands property and her approvals to send me site runoffs violating compliance and conditions see www.belfastbullies3.blogspot.com and click on the tab above for DEP/Aho.
Here's another extortion tactic- full email and request above- these documents are FOAA FREE because they benefit the entire PUBLIC of the working of our City Wall Hall. Let Slocum is allowed to violate and extort and will end up giving false documents as always. Never allowing Bob Whiteley to validate receipt of authentic document, City Council refusing to witness and validate. Four years and counting and never a true document. Instead Slocum paints me as ignorant and incompetent, not knowing what I am looking at. Such trash, extorting from me so politely.
Accordingly I am now asking you to pay $130 in advance before I assign someone to research out these requests. This is billable at the rate of $15 an hour and will be charged after the first hour is concluded. If the task requires more time I will ask for additional payment, if it requires less than I will provide you with a refund. I will be pleased to maintain an accounting and supply you with that. You may pick whichever task you wish us to work on first. I would estimate about 4 weeks to get this work done and back to you.
... as soon as you provide us up front with the $130 to cover the City’s cost for searching out the new material you requested, then we will promptly start working on it and provide you with an estimated time within which we can do this work.
Joe Slocum,Belfast City Manager
