Friday, October 25, 2013

DEP,Belfast City Manager, Planner, Council and Attorney Violate MFOIA

Please leave a comment for any postings that  may have legal issues. I am just an ignorant, 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.
11/08/2014 UPDATE- City Manager Joe Slocum held a "workshop" meeting in 9/2014 for the corrupt paving of Seaview Terrace. Mandy Olver of Olver Engineering was the acting engineer to advise of paving options for Seaview Terrace. She was given corrupt maps that showed the City made "stream ravine" pictured above, was NOT in my property boundaries. Her options to send runoff to the "stream" were illegal and the EVERYONE knew it. Another sand bag and details are in www.boycottbelfast.blogspot.com 
 But relevant to this page is my request under FOAA for the past 3 years to the City Manager Joe Slocum for a watershed impact study and engineers report for the huge wetland site developed to the Captain Albert Stevens School in 2007. The site illegally draining into my property over a mile away. The City Planner Wayne Marshall removed all public documents pertaining to drainage of the site prior to my supervised inspections of the many files for CASS (school). An unannounced visit to view the files again when the City Planner was out of the office revealed enormous volumes of drainage documents. He would be returning shortly so I grabbed a copy of the conditions of findings for permit. Below you will read Joe Slocum finally responding. He states the study and engineers report was NOT done (see pink below) !! In this recent workshop meeting, where I sat right behind Mandy Olver, she stated that she was the engineer for the CASS site and that the study and report were done. Slocum flat out lied and refuses to provide those findings. Council remains silent. And Mandy Olver refuses to provide her documents.

11/22/13 See www.boycottbelfast.blogspot.com for Belfast Chamber of Commerce slapping residents.

The Illegal Legals cover up corruption. The development of Seaview Terrace in 1965-66 from a farm with an irrigation ditch running through the center. It is here the plans showing the ditch moved to create development go into hiding. The City masks it as a natural stream hence a natural outlet per the loose ordinance and begins the slaughtering of the flood zone, flood plain private property of Seaview Terrace. 40 years of developing over 240 acres in the "watershed" area and even outside of the "watershed" criss crossing under Rte 1., all runoff forced to Seaview Terrace without Right of Ways, Easements or acknowledgement. See tabs for letters.
Stormwater and all other unpolluted drainage may be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet, if in accordance with regulations of the state department of environmental protection.

(Ord. No. 45-1999, § 600.2, 2-1-2000)

Other violations State and Local are:
1. New Site illegally draining runoff to my property (Annex 2011 WCGH)
2. Non compliance of Belfast Community Elementary School Site Plan & Use Permit 
        Adopted Conditions of Approval
 Final Approval of November 20,2002 & 
Amendment #1 to Approval of January 15,2003 
Amendment #2 to Approval of April 9, 2003

3. City of Belfast using public money to irrigate private property, to irrigate accumulating, puddled runoff and send to another (me) on 10/1/2009.

4. Code Officer corruption allowing zoning conditions violations (stock piling snow all season to melt to my private property)

5. A slew of rights violations- malfeasance, tort, the list goes on and on.

6. Probably more.... this EARLY email from Joe Slocum proves his corruption- lying and lying in writing to now hang himself with it. I posted this today, 11/15/14/13 on the Our Town Belfast Facebook posting  were Joe Slocum received "Citizen" of the year by the Chamber of Commerce- disgraceful. Sections in CAPS were added by me- not part of original email.

The Chamber is a BUSINESS network- Joe Slocum batters residents infrastructure with lies. corruption and when cornered he takes the 5th, orders Council to take the 5th and brings in the City Attorney to protect them. Business and residents that support him and City Hall do not want to see the corruption. Maine is 4th in corruption and here is proof of Joe Slocum corruption. Thousands of hours and dollars and abuse in the ongoing cover up.

 Date: Fri, 9 Sep 2011 16:50:47 -0400

Subject: Re: FW: 17 seaview/city storm f/u
From: citymanager@cityofbelfast.org
To: xxxxx 
CC: councilors@cityofbelfast.org; planner@cityofbelfast.org; publicworks@cityofbelfast.org

Ms. Allen,

Good afternoon. I regret that I have been away for two weeks because of two family emergencies. 

The road could indeed use some work and will be addressed in conjunction with our regular road program which calls for attention in areas about every 10 years. The road has alligator cracking because the ground underneath is wet. The present existence of a couple of culverts underneath the road which transfer some water from the higher land across the street to your land on the North side are an attempt by the City to have the road not act as a dam to the natural flow of gravity and also to preserve the asphalt on the road itself by eliminating standing water on the road edge or underneath it. We have these culverts all over the City and you will indeed find them all over the State.I will ask my Public Works Director, by copy of this email to let us know in what year your road might see some resurfacing. . It will not be this year. At this time there are no funds or plans to install storm sewers along your road We like many municipalities have have many roads without these amenities.

 "THIS CAP SECTION IS NOT PART OF JOE'S EMAIL- IT IS MY COMMENTARY AND THEN GOES BACK TO JOE'S LIES AND COVER UPS. HERE IS WHERE HE DOWN AND OUT LIES ABOUT THE STREAM BEING HERE FOR 100 YEARS- HE AND CITY PLANNER, WAYNE MARSHALL HID THE ORIGINAL 1965 DEVELOPMENTS PLANS FOR SEAVIEW TERRACE THAT PROVE THIS IS NOT A NATURAL STREAM IT IS A MAN MADE DITCH- CLEAR TO SEE. THE CITY HAS NO RIGHT OF WAYS OR EASEMENTS TO DUMP ALL THIS RUNOFF TO OUR PRIVATE PROPERTY. WE ARE A FLOOD ZONE THAT THEY ARE SUPPOSED TO PROTECT AND DIVERT WATER FROM US. INSTEAD THEY ENDANGER, DROWN, DESTROY AND BULLY. ORDINANCE IS TO DRAIN INTO A NATURAL OUTLET- WE ARE NOT A NATURAL OUTLET!! HE LIED AND BROKE THE LAW BY CITY WORK ON PRIVATE PROPERTY OF 23 SEAVIEW TERRACE. DIGGING TO DRAIN MORE RUNOFF INTO MY PROPERTY. ALLOWING BUSINESSES TO BREAK THE LAW BY NOT REMOVING PLOWED SNOW WHICH MELTS TO US AND CAUSED HUGE FLOODING AND PROPERTY DESTRUCTION IN 2009 AND 2012. HE WITHHOLDS ALL THESE DOCUMENTS, TRYING TO MAKE ME LOOK INEPT.ALL ON MY BLOGS. REALTORS SELLING CORRUPT PROPERTIES AND NOT DISCLOSING DISASTER." 

My observation suggests to me that the stream behind your house has been there for a hundred years and has acted as the watershed for everything above it including your entire street. The City is not responsible for changes to the land or for the constructions of buildings, the expansions of lawns or cutting of vegetation done by every home owner- including your predecessor which has had an impact on surface and sub surface water in your neighborhood. The very ditch that is maintained between you and your neighbor is a good example of how you and your neighbor channel your water to the stream behind your house that is the natural drainage way. This stream and the water the water your entire neighborhood adds to it, simply goes behind other peoples houses down grade from you and in fact goes right into our City Park where it empties to the Sea. Some of your neighbors across the street want more surface water drained toward your side. The State suggested allowing more plantings to grow and absorb some of the water. The City noted that if we were ever to get involved we would want the neighbors to be cooperative and provide legal easements to the City so our actions are not seen as improper as you have suggested they were in the past. 

While I was away I learned that there was a meeting held on site by Wayne Marshall from the City, and we had State DEP representative Chris Cabot there along with a member of our City Council. I understand that you were there as well. To my knowledge-nothing came from that meeting to suggest that the City has somehow caused all this water to be in your area. Since I do not see the harm caused by the City I have no plan to enter upon your property to do any bank stabilization that Mr. Cabot said he would be receptive to permit if requested by the individual neighbors.

"Me- ANOTHER HUGE LIE-THIS IS ILLEGAL AND HE KNOWS IT- FIRST THEY SAID THEY NEVER DID THIS, THEN I PROVED THEY DID, THEN THEY TRIED TO SAY IT WAS 8 YEARS AGO AND OVER THE 7 YEAR LIMIT, THEN I PROVED IT WAS DONE IN 2009 AND NOW HE IS USING ROAD MAINTENANCE, DISGRACEFUL LYING CORRUPT BULLIES"

It appears that in the past the City crews did indeed enter upon a neighbors property to clear growth from an existing ditch with permission to get water away from the road. As far as I know this is not a City owned ditch anymore than the one which runs along your property.

As for the drainage:

1. I will come and take pictures to document your concern and I will share them with the State. Please let me know whether you wish to be present when I take them . I am presuming that you are going to allow me access through your property so I can do this properly. If this assumption is incorrect please let me know. Otherwise the pictures will be taken next week. 

2. I have not seen anything in the erosion or in City practice which suggest to me that the City is responsible for your erosion so there is no practice for us to terminate. I can not and I do not plan on spending City tax dollars to provide drainage controls for private property. 

3. There is indeed some signs of erosion within the stream sidewalls and I did see an area about 2 square feet in size where you placed large stones to fill in a part of your bank where some erosion apparently occurred. I do not see anything in this erosion which would indicate it is anything other than a natural occurrence associated with seasonal and unpredictable weather conditions. It appeared to me to look like every stream bed I have ever walked. 

Finally, if you continue to believe that the City is the party responsible for your damage then please send me your reasons and I will present your legal claim to our insurance company to see if they see this matter differently than I do. 

Absent new information this is my final response to this matter. I am sorry that I could not find a way to agree with your conclusions. 

Most sincerely, 

Joseph J. Slocum 

City Manager

The original blog www.belfastbullies.blogspot.com  contains history, endless emails, all not posted, opinions, beliefs,  it is overwhelming. I streamlined it on www.belfastbullies2.blogspot.com . This version, Bullies3 is current activity and letters from the Illegal Legals. Below, will serve as the pending violations of MFOIA that will be on record. Others ignored are on record too and included.   


This is making me so sick.  They are forcing huge volumes of runoff and meltoff to private property, a flood zone, destroying property, endangering lives and lying, lying, lying. Denying, denying, denying. Using resident private property as sewer infrastructure. Robbing tax dollars and vying for the Northport  Ave TIF that could build sewers and save us. Instead City Manager, Planner and Council drown us, batter us and spend for downtown/business.

Here is Joe's email that encompasses 18 hours to deceive. Note- the zoning conditions are held by Todd Rosenburg- Code Officer in the planning office. 100 ft from Joe. Copy, paste- send to Todd- pull from file cabinet- copy done. 1 hour tops.

The engineers report and offsite drainage study watershed analysis study was never done and he knew it. (11/8/14 update- it was done but Slocum refuses to provide- surely it proves corruption of drainage. After the parenthesis- is the old entry where I though it was not done) If it were done, infrastructure would have been ordered and the illegal outlet draining to the watershed residents from the CASS detention ponds would not be. The engineer would have caught it.  And then the Robertson School- suddenly not getting demolished 4 years after the final approval. It is all corrupt. DEP Commiss. Aho closed her corrupt investigation. Attorney General and Governor would not respond.



This is the secret unapproved outlet in the HUGE CASS detention tank. Further up and MUCH HIGHER is the outlet approved and designed to take all upper CASS runoff to the Miller St. sewers that received million dollar improvements for the CASS runoff.  Nothing ever reaches that point because it flows down to here and out to the watershed residents. ILLEGALLY. DEP Commissioner Aho's investigator left it off of his report and this is why I demanded an investigation. Aho closed the case. And the snow, OMG- piling all winter to melt to us with all the other sites. Crashing over Seaview in 2009 almost taking a car and house with it. Again in 2011- taking 1/4 of my property with it.... City Planner, Wayne Marshall knowing it was from all these sites melting to us, but smirking and saying Mother Nature...Slocum too. The Roberston School on the lower lever- approved to be demolished and to be ground absorbing athletic field- we get it all from CASS- all levels, all fields, even the lower-other blog has pictures of all illegal outfalls. Engineer inspection and offsite drainage including CASS and Robertson never done by City Planner, Wayne Marshall. Send it to residents and doesn't give a damn- none of them do. It's not destroying their lives or property. Screw us.

His claim to go to the Tax Assessor is for what? Joe had the map and showed it to me years ago. He knows now, that I will see that stream in that picture a moot point. So, apparently, he is trying to confuse me by getting MANY maps. Only the one that he had was requested.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++
  • From:Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list.
    Sent:Mon 12/02/13 12:43 PM
    To:LAURIE ALLEN (laurieallen55@msn.com); Councilors (councilors@cityofbelfast.org); William S. Kelly (bkelly11@bluestreakme.com)
  • Dear Ms. Allen,
  • I believe I have concluded my review of the document search you asked me to make as the freedom of information request on October 21, 2013.  This review has taken longer than I expected and I note that many if not all of these files have been made available to you in the past.  On October 24, 2013 I sent an e-mail to City Assessor Bob Whitely(as well as to all other Department heads) asking them if they had any documents in their possession  related to your multiple request.  I have received nothing from him so I assume that he has nothing in relationship to your request.  Unfortunately as you may know,  Bob has had a series of medical problems or the last year which included his inability to be at work any day last two weeks when I wanted to follow up with him. I have no idea when he will return. I will follow up with him when he does.
    I have full files and the aerial maps for your inspection. Our records are not perfect. 
     acknowledge your request to meet with specific people to review these documents. I’m denying that request.  The freedom of information law does not let you decide who you will accept as a monitor during your document inspection.
    As for verification I can say that I personally spent more than 19 hours collecting records reviewing them for content that related to your request and summarizing that effort in this response. I ask that you schedule an appointment to review these records with Manda in my office at a mutually workable time. Her number is 338-3370 ext 10.
     As a further courtesy to your request made at the Council meeting of November 19, 2013, I have personally attempted to do my best to make copies of what I understand you are looking for in advance of your inspection these documents.  I expect you to pay for these copies at the reduced rate of $.15 per copy. 
      I have not gone through the expense of duplicating any of the large architect and engineering plans but I will be happy to do so when you identify which sheets you want and provided us with the funds to have them copied at cost at County Copy. 
     Here is my response to your request. I hope it is helpful.
    (Me- below in blue is from my request to Joe Slocum- he never responds to my direct email to confuse and avoid)
    1. All documents and results of offsite drainage study to the unnamed stream's watershed ( in your email you clearly state that my property acts as the watershed- it must be included in the overall. If the study has not been completed- it is violating compliance of site plan- advise of penalties and resolution..

  • Please use this information to fulfill requests( 2 documents that were not in the CASS file for my inspection but were in there when I came back for a 2nd viewing unannounced and luckily Wayne was not there.) I have copies of the full documents and the originals are in the files.

    A. Per WBRC Architects Engineers letter dated 11/7/2002 to Mike Morse, MDEP Project Manager
    RE: 2941.10/Belfast Community Elementary School 
          L-21070-22-A-N Response to comments
    #6 Two Steps have been taken to address comment 6. First, the City of Belfast had assessed a stormwater impact fee to new developments within the unnamed stream's watershed to assist in funding an offsite drainage study.The Belfast Elementary School watershed will be included in the offsite drainage study of the overall unnamed stream's watershed will be included in the offsite drainage study of the overall unnamed stream's watershed, which drains through the "24" culvert beneath Congress St., east of Priscilla Lane. 
    • 11.3 The applicant shall pay a stormwater impact fee of $5,000 to the City to better enable the City to conduct an analysis...


    1.       I have been unable to locate any offsite drainage study relating to the Captain Albert C. Stevens School. To the best of my knowledge the study was never done as referenced in the conditions of approval (condition number 11.3) dated November 20, 2002 and again on January 15, 2003.
    City Planner, Wayne Marshall, City Manager, Joe Slocum in violation for not complying and lying. That condition mentions the possibility that the study may not be done.  The applicant was not in violation of their permit as they paid the $5,000.  This was also spelled out in the  letter of November 4, 2002 from City Planner Wayne Marshall to Paul Latrelle and again in a follow-up letter of June 5, 2003. I made copies made for you as requested.

    2. Final Approved Site plans for CASS where the Robertson School was NOT demolished. Every document I reviewed had this school demolished-" The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field...." Certainly this is a huge change in the approved plans- ground absorbing athletic field to impervious ground. These plans will also show the detention pond and the unapproved outfall being sent to watershed residents. I had visited prior and were shown plans where the school was demolished. They must be final approved- Bob will verify. Wayne has provided false plans 2 times and no one reliable or knowledgeable to witness.



  • Per :Belfast Community Elementary School Site Plan & Use Permit 
     
            Adopted Conditions of Approval
     
     Final Approval of November 20,2002 & 
     
    Amendment #1 to Approval of January 15,2003 
     
    Amendment #2 to Approval of April 9, 2003
     


  • 1. Description of Project: SAD#34, applicant proposes to construct the Belfast Community Elementary School, a school which can accommodate 340 students. The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field....

    11. Storm water Management: The applicant shall construct all stormwater management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Further the applicant shall maintain all stormwater facilities in good working condition. 
    2.       The original approval for the construction of the Captain Albert Stevens School called for the elimination of the Robertson school ( Condition #1) and is shown as being demolished on all Plans we have at the time the application was approved.Must have FINAL APPROVED PLAN for no demolition of Robertson School (that was to be a ground absorbing athletic fields )and new drainage. That was  in November of 2002. It was not until March of 2006 ( see letter of Mitch Brown) when the School District requested that the City amend the original approval to allow MSAD #34 to keep the building and lease it to Sweetzer.  There is a Memo dated April 21, 2006 from Wayne Marshall to the Planning Board that  explains this.  There is also copied for you the Conditions of Approval from the Planning Board authorizing the Robertson School to stay on the property and be remodeled.  The Robertson School file had a large volume of drainage analysis in it for your review.  I do not know whether that additional drainage review had anything to do with the fact that I do not believe  that the original drainage study mentioned in the 2002 Conditions was ever done.
    There are Site Plans dated 5/19/06 in the Robertson School files  for you to inspect that show the Robertson school not being demolished. ?? And how is this relevant? Anything can be changed until it is stamped FINAL.
    3. The letter from the licensed engineer or the report from the City engineer for the construction of stormwater improvements. 

  • 11.1 The applicant shall either : a) Provide the City a letter from a licensed civil engineer certifying that the stormwater improvements were constructed in accordance with all City specifications and in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the stormwater improvements.



  • 11.3 The applicant shall pay a stormwater impact fee of $5,000 to the City to better enable the City to conduct an analysis...
    3.        cannot find, nor am I able to identify any letter from a licensed engineer or reports from the City Engineer that all storm water work was done as represented.   However  I have been able  to locate a copy of the” as built” plan which shows this construction. I will make an attempt to get this letter from the engineers who designed and oversaw the construction of this work. Again, City Planner, Wayne Marshall and City Mananger, Joe Slocum in violation of compliance and force drowning watershed private properties- Seaview Terrace taking it all.



From

LAURIE ALLEN (laurieallen55@msn.com)
Sent:Fri 10/25/13 11:36 AM
To:jslocum@cityofbelfast.org (jslocum@cityofbelfast.org); LAURIE ALLEN (laurieallen55@msn.com); brenda.kielty@maine.gov (brenda.kielty@maine.gov); assessor@cityofbelfast.org (assessor@cityofbelfast.org)
Cc:ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org); dbeckett@cityofbelfast.org (dbeckett@cityofbelfast.org); bholbrook@villagesoup.com (bholbrook@villagesoup.com); bholbrook@courierpublicationsllc.com (bholbrook@courierpublicationsllc.com); acurtis@bangordailynews.com (acurtis@bangordailynews.com)
Joe Slocum and Brenda Kielty (MFOIA), and Bob Whiteley, 

For clarity  this is the original request to be honored.  Joe's reply  detracted from the original format. I'll post responses below this along with proof of requests dismissed and denied before. Stop wasting tax dollars in this cover up charade. Bob Whiteley must validate originals and copies at viewing.  (Certainly would be easy enough for you to prove me corrupt by showing the email responding to snow removal request to Jennika sent Fri 1/18/13 1:48 pm, the very last email below. )

FYI
 
From:LAURIE ALLEN (laurieallen55@msn.com)
Sent:Tue 10/22/13 8:24 AM
To:mayor@cityofbelfast.org (mayor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); dbeckett@cityofbelfast.org (dbeckett@cityofbelfast.org); chief@belfastmepd.org (chief@belfastmepd.org)



From: laurieallen55@msn.com
To: jslocum@cityofbelfast.org; assessor@cityofbelfast.org; brenda.kielty@maine.gov; ward1councilor@cityofbelfast.org; laurieallen55@msn.com
Subject: MFOIA CASS FASP, Impact Study, CE Letter
Date: Mon, 21 Oct 2013 23:24:53 -0400


Joe Slocum,

Please have copies of these documents for me and have the map available for viewing. Bob Whiteley must be present to validate documents. No one else is knowledgeable and trust worthy. The City Attorney has more or less written that I am too ignorant to know the seal of the final approved site plans. Wayne has removed documents, you have with held documents- including the 1987 engineer report on my property and the original plans to the development of Seaview Terrace and on the email below, are clearly lying to me on several points- most disgusting is your insistence that my man made drainage ditch for MY property only is a natural stream, natural outlet and according to ordinance you are sending all this runoff from outside Seaview and inside Seaview to my private property. You, Wayne and Todd are not valid people. Jamie is biased. Bob is the only one- he is independent.

1. All documents and results of offsite drainage study to the unnamed stream's watershed ( in your email you clearly state that my property acts as the watershed- it must be included in the overall. If the study has not been completed- it is violating compliance of site plan- advise of penalties and resolution..

2. Final Approved Site plans for CASS where the Robertson School was NOT demolished. Every document I reviewed had this school demolished-" The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field...." Certainly this is a huge change in the approved plans- ground absorbing athletic field to impervious ground. These plans will also show the detention pond and the unapproved outfall being sent to watershed residents. I had visited prior and were shown plans where the school was demolished. They must be final approved- Bob will verify. Wayne has provided false plans 2 times and no one reliable or knowledgeable to witness.

3. The letter from the licensed engineer or the report from the City engineer for the construction of stormwater improvements. "Provide the City a letter from a licensed civil engineer certifying that the stormwater improvements were constructed in accordance with all City specifications and in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the stormwater improvements."

4. Zoning Conditions of Approval for plowed snow removal- per Chief McFadden on:
 CASS and Sweetser Schools
WCGH Annex
MidCoast Mental Health
Tall Pines Nursing Home
Volunteers of America on Congress
Belfast Birches
Hilltop Birches
Legore Subdivision (Birch St)
National Guard Rte 1 So
MMP Rte 1 So
Larabees Plumbing and entire business park including airport
Prays Homes Rte 1 So
Mcleod's Trailer Park on Lower Congress

5. The Aerial Photographs clearly showing the stream before Seaview Terrace was built. "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.
Bob will know these photo's.  I have viewed some others in his office with Nancy

6. Seaview Terrace is not a natural outlet- City Hall is breaking the law and endangering our lives. Please advise if you are making any resolutions to save Seaview Terrace and restore properties.

7. Reassessment of 17 Seaview Terrace is requested ASAP. Please advise.

Sincerely,
Laurie Allen



Please use this information to fulfill requests( 2 documents that were not in the CASS file for my inspection but were in there when I came back for a 2nd viewing unannounced and luckily Wayne was not there.) I have copies of the full documents and the originals are in the files.

A. Per WBRC Architects Engineers letter dated 11/7/2002 to Mike Morse, MDEP Project Manager
RE: 2941.10/Belfast Community Elementary School 
      L-21070-22-A-N Response to comments
#6 Two Steps have been taken to address comment 6. First, the City of Belfast had assessed a stormwater impact fee to new developments within the unnamed stream's watershed to assist in funding an offsite drainage study.The Belfast Elementary School watershed will be included in the offsite drainage study of the overall unnamed stream's watershed will be included in the offsite drainage study of the overall unnamed stream's watershed, which drains through the "24" culvert beneath Congress St., east of Priscilla Lane.

B. Per :Belfast Community Elementary School Site Plan & Use Permit 
        Adopted Conditions of Approval
 Final Approval of November 20,2002 & 
Amendment #1 to Approval of January 15,2003 
Amendment #2 to Approval of April 9, 2003

1. Description of Project: SAD#34, applicant proposes to construct the Belfast Community Elementary School, a school which can accommodate 340 students. The project also involves demolition of the existing Robertson Elementary School and the conversion of this former school site to an athletic field....

11. Storm water Management: The applicant shall construct all stormwater management improvements to specifications identified on the approved Site Plan prior to issuance of an occupancy permit. Futher the applicant shall maintain all stormwater facilities in good working condition. 

11.1 The applicant shall either : a) Provide the City a letter from a licensed civil engineer certifying that the stormwater improvements were constructed in accordance with all City specifications and in accordance with Site Plan requirements; or b) Pay the City the cost to employ a City inspector to inspect construction of the stormwater improvements.

11.3 The applicant shall pay a stormwater impact fee of $5,000 to the City to better enable the City to conduct an analysis...

C.  Per Chief McFadden email below _the Zoning Conditions of Approval Document for removing plowed snow offsite - I did report CASS and ANNEX to Todd Rosenburg and sent the pictures proving they were not removing plowed snow (below).  I never received a response.  Please provide the Zoning Conditions of Approval Documents for each site below.

CASS and Sweetser Schools
WCGH Annex
MidCoast Mental Health
Tall Pines Nursing Home
Volunteers of America on Congress
Belfast Birches
Hilltop Birches
Legore Subdivision (Birch St)
National Guard Rte 1 So
MMP Rte 1 So
Larabees Plumbing and entire business park including airport
Prays Homes Rte 1 So
Mcleod's Trailer Park on Lower Congress


Michael McFadden <chief@belfastmepd.org>
Jan 14
to me
Images are not displayed. Display images below - Always display images from chief@belfastmepd.org
Laurie,

I did some research, first the Zoning Conditions of Approval document indicates that the CASS school is responsible for snow removal. Any potential violations of this document would be a zoning issue handled by the board or by the code enforcement office. We as Police would have no authority over this issue unless a state law or local ordinance was violated. There are no state laws or ordinances enforceable by the Police Department which would prohibit the school from removing snow from the parking lots or events/sporting fields in the manner in which they are currently doing it.
2013-03-20 spring2013vio
Mar 19, 2013
by laurie allen
3/20/13 Site Violations Not Removing Plowed Snow Offsite

D. Date: Thu, 11 Aug 2011 19:59:13 -0400
Subject: Re: FW: 17 seaview/city storm f/u


Ms. Allen,

I am taking your concern seriously but unfortunately it is not the only concern that I have to address right now. I am taking the liberty of sharing this email with Belfast City Council.

 I spent over an hour at your house Tuesday and walked the stream and listened to every concern that you have raised.  I see no sign of imminent danger to your property and as such I can not justify treating this matter as though it was an emergency and push my other responsibilities to the side. The stream itself is about 4 feet deep and about 8 feet wide and was essentially dry. It has the same shape and level of erosion along its banks at every point where I observed it. It is essentially dry and  I saw one - one inch puddle in a 100 foot walk that I took through it You identify no damage or threat to your house but you are very upset by the erosion in your back yard. I saw this erosion and while there is some there, the scale and scope of it  was far smaller then I imagined from reading your emails.

You have raise multiple concerns and it is very clear that you are extremely focused and upset by both the erosion situation itself as well as the treatment you feel that you have had at the hands of the City in responding to your concerns. Your letter today is indicative of your anxiety and expectation of immediate need for answers which is  not consistent with what I said to you on Tuesday.  I advised you that I was going to look into this and that it would take some time.  I told you that I would attempt to summarize your concerns in the next day or so. That is -I was going to make sure I had a complete list of your questions and concerns. I never said I would resolve all of your issues in a day and a half. I said I would get back to you and I am sorry if 48 hours is worse for you than 36 hours.

When I told you that I would get to the bottom of this and that I would be thorough-you asked me how far I had to go in terms of information gathering to get this resolved.  I said right there that I could not see anything-- based upon my visit  that day-- that suggested to me that the City had done anything to harm you in any way. I absolutely did see some erosion along the stream bed which in my personal opinion is the same condition I would see along any stream bed and which in my experience such erosion often happens if there is an unusually large storm or runoff like the ones we have had in the last several years. Secondly I told you that would have to go deep into City records to find whatever I could that would help bring all the truth to this issue that I could find. I said that no City record was a secret and I would try to find them and make them available to you. I also reiterated what you said Wayne had mentioned to you previously---  If you feel that the City has in any way caused you damage then please send me a letter or note identifying what you believe to be the extent of your damages and I will be pleased to promptly send your claim in to our insurance carrier who might also investigate this claim and provide their perspective.

Here is where I am on your issues:

1. The Culvert under the road which brings the stream from one side of the road was simply installed to allow the road to go over the stream.

2. I do not believe the City created this stream.  Before I left I suggested to you that it looked like a natural stream to me and the fact that DEP has jurisdiction -as you advised me -over this stream  means  to me that this is a natural stream Natural streams have flows that vary with the weather which based upon conditions can cause erosion. This is true of every river and stream I have ever seen.

3. I have now seen aerial  photographs of your area before the road and houses were built on your street and the stream is clearly visible. I can show them to you at any time.

4. I am working on getting you a copy of the framed map in the Planning Office that you have asked for which shows this and other protected streams. I may have to have it professionally reproduced  and I will do that at City expense and get it to you as soon as I reasonably can but that could take some time- I do not know at this point. In the meantime the copy we have is not going anywhere and I can give you access to it at any time until you get your own copy.

5. I have not had the chance to meet with Bob Richards on this matter from Public Works since I met you Tuesday to find out whatever he can tell us about culvert history etc. I will let you know everything I find out. This relates to your concern that the City has taken a series of actions which have unnaturally increased the flow in this stream that you believe is the reason you have some erosion. The stream is about 75 feet behind you house. The only indication of potential City contribution you showed me is a couple of culverts crossing underneath the road which would clearly carry some surface water from the south side to your north side and which if significant in volume would reach the stream by following what appear to me to be human made ditches that run along the westerly line of your property and to along another property uphill and west from you. I did step into the ditch along your property in my loafers and found no evidence of water or even mud in this ditch. I do think we have to ask ourselves where this surface water all went before there was a subdivision? My thinking is that it puddled where flat or ran downhill into the lowest point in this area which upon my inspection is this stream.

6. You told me that all the houses on your street have water issues, This tells me that the ground water is close to the surface so when it rains there is more surface water to address because less can be absorbed. I would expect both groundwater and surface water to work their way into this stream.

7. Regardless, I will inquire about any information the City has about letting people ditch or drain to the stream or of people just doing it themselvesWhen you told me that your house was nice and dry because you had a good drainage system and sump pump I assumed that since there are no storm drains on Seaview Terrace that your building and property drains also go into this same stream.

7. I do not know what all the rules are for private people sending their surface or ground water into natural streams but I do not think the City is responsible for what private people do. I do think the City has the right to maintain its road and to use its right of way to get water away from the road in order to protect it.

8. Where to from here? Speak with Bob Richards, identify any records we have that you want a copy of and get them to you. Identify anything I can which leads me to agree with your assessment. Presently I am unable to do this and if that is where my review concludes then I will not support the City doing remediation on any private property for harm or damage that we did not cause. I want to speak with the State DEP. They called me likely at your suggestion but I have not had a chance to speak with them yet. I welcome their inspection, input and perspective.

9. Seaview Terrace is a City road and I need to find out how wide our right of way is.The City does have the right to shed water away from its roads to protect them from the kind of damage we saw Tuesday. I may also call the City Attorney to secure his advice.

10.  I did not plan on taking any pictures of your stream or your erosion but I am thinking that now that would be a good idea so that we can have a good record of the extent of your concern. I will call and find out when there is a time that will work for you. I am not going to send Ned Lightner based upon what I saw with my own eyes and what a regular camera will readily confirm.

I understand that in not immediately agreeing with your concerns that this is causing you some distress. It may well be that given the intensity of your frustration and concern that I may not be able to meet your expectations.

If you need an answer today as to whether the City will pay or fix the erosion in the back of your yard then my answer would be "No" for all the reasons recited above. If you are willing to be a little more patient then I will continue to investigate for any City activity which makes us liable for you damage.


 I will talk to Wayne Marshall about some site visit that he had previously scheduled and perhaps we can make that happen in the next few business days to clear up as much as we can. Next Wednesday I have to attend a family emergency in another state where I plan to stay for a week. After that I have a training conference when I get back. If we can't conclude this matter by Tuesday I will be unable to get back to it until the 29th.

 Again I will leave it to you as to whether you wish to file a claim with our insurance company.

Thank you.

 Joe Slocum 
_______________________________________________________________________________________________________________

Date: Thu, 24 Oct 2013 12:59:44 -0400
Subject: Re: MFOIA CASS FASP, Impact Study, CE Letter
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com

Ms. Allen,
I acknowledge receipt of this request. It really appears that if we have what you are asking for that we have repeatedly made it available to you in the past. Nevertheless I will try one more time to gather together what documentation I can locate. I will ask every Department Head to help me with this effort. It takes a lot of time for us to continue to pull these documents out and together for you but I am willing to give it this additional effort.
 As you may know, Jennika, who oversaw your requests for the last 2 years, no longer works here. We are also short staffed by the loss of the Assistant City Planner and we have an election to run on November 5th.
At this time I estimate that it will take me three weeks to gather all this information and collect it in a secure area for your inspection. I will let you know by email of the exact date.  We will then ask you to schedule, in advance, when you will be here to inspect these documents and you may identify any documents for copying at your expense. One of my staff members will attend the scheduled inspection. These meetings as a practical matter need to work for both schedules. Please note:
1. I am assuming that your question #1 relates to the Captain Albert Stevens School.
2. I will refer to the Assessor your request #7 for a reassessment- which is not a freedom of information request- and ask him to handle your request as he would any other property owner.
3. Request #6 asks what we are doing or not doing- which is also not a freedom of information request. Please note that the City's position on your allegations has not changed from any of the positions previously detailed to you in prior correspondence- including the letters sent to you by our Attorney on behalf of the City Council.
 Thank you,
Joseph J. Slocum
Belfast City Manager
________________________________________________________________________________________________________________
From: laurieallen55@msn.com
To: citymanager@cityofbelfast.org; brenda.kielty@maine.gov; ward1councilor@cityofbelfast.org; ward2councilor@cityofbelfast.org; ward3councilor@cityofbelfast.org; ward4councilor@cityofbelfast.org; ward5councilor@cityofbelfast.org; mayor@cityofbelfast.org; assessor@cityofbelfast.org; dbeckett@cityofbelfast.org; laurieallen55@msn.com; chief@belfastmepd.org
CC: bholbrook@villagesoup.com; acurtis@bangordailynews.com
Subject: RE: MFOIA CASS FASP, Impact Study, CE Letter
Date: Thu, 24 Oct 2013 13:53:36 -0400

Joe Slocum,

1. Reread #1 in original email below, I put the specs with it. There is only one head you need to go to and that is Wayne Marshall, City Planner whose office is over your head.
This all readily available- do not buy time to run out statutes on the Belfast Elementary School AKA Captain Albert Stevens School, Robertson School AKA Sweetser documents and the drainage study. Those files are in Wayne's office and available now. Along witThe Aerial Photographs clearly showing the stream before Seaview Terrace was built. "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. 

2. Your refusal to commit Bob Whitely to verify these documents is the proof that you do not provide the true requested documents. There is no other trustworthy City employee with the knowledge to authenticate. Bob Whiteley has stated that the conference room between his office and the City Planner's would be convenient and ideal. Therefore, Bob Whiteley can call me anytime he is ready to authenticate and I'll be there in a NY minute. No one else is acceptable, I will not view anything with out Bob. You have wasted my time and life for 3 years now.

3. I can wait 3 weeks 4. Zoning Conditions of Approval for plowed snow removal- per Chief McFadden on:
 CASS and Sweetser Schools
WCGH Annex
MidCoast Mental Health
Tall Pines Nursing Home
Volunteers of America on Congress
Belfast Birches
Hilltop Birches
Legore Subdivision (Birch St)
National Guard Rte 1 So
MMP Rte 1 So
Larabees Plumbing and entire business park including airport
Prays Homes Rte 1 So
Mcleod's Trailer Park on Lower Congress


4. Copies of the documents are mandatory at viewing with the originals, not at a later date.  The aerial photograph is not to be copied. At 7 cents a copy for 8"x11" and the final approved site plan for CASS is 5 dollars- total will be under $20. I have confirmed with Bob that there is 1 sheet for the Final Approved Site Plan for CASS. Hence the definite validation by Bob Whitely only.

5. I invite Ben Holbrook- Republican Journal and Abbie Curtis- Bangor Daily News, or anyone they feel would be helpful to witness validation these documents. Please advise.
Sincerely,
Laurie Allen

___________________________________________________________________________________________________________________
From:LAURIE ALLEN (laurieallen55@msn.com)
Sent:Thu 10/24/13 5:17 PM
To:citymanager@cityofbelfast.org (citymanager@cityofbelfast.org); brenda.kielty@maine.gov (brenda.kielty@maine.gov); ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org); assessor@cityofbelfast.org (assessor@cityofbelfast.org); dbeckett@cityofbelfast.org (dbeckett@cityofbelfast.org); chief@belfastmepd.org (chief@belfastmepd.org)
Cc:bholbrook@villagesoup.com (bholbrook@villagesoup.com); acurtis@bangordailynews.com (acurtis@bangordailynews.com)
Joe- in case you forgot you violated MFOIA for most of the below on 9/18/12 sent certified registered and Council and Mayor do what? Nothing. Oh no, sorry Mayor Ash was timing me and told me I had 30 seconds left. Nice.


Click on the picture ff10:43 I have 3 minutes to expose corruption. I state removing of ALL stormwater documents from the CASS (Capt Albert Stevens School) files. Wayne Marshall, City Planner, thought I was done with them. He didn't count on me coming back the next day when he and his posse were not in the office. Admin. Asst. Marie Stalworth gave me the files and volumes of storm water documents were in there. Mike Morse-DEP, WBRC ENG. Reports, Paul LaTrelle- SAD34, Army Corp, Abutters letters- Mr. Sanderson's -where I specifically asked Wayne the day before to see these communications  too many to list. This site was a swamp- imagine the documents, plans, etc for drainage, runoff to come to the watershed residents. School went up and I have proved corruption of site condition compliance by the City and DEP-Commissioner Aho closes case- and Belfast takes the 5th. I state requests at least 12 times for Final Approved Site Plans of the sites that are contributing to the destruction of Seaview Terrace via this fictional "stream". 

I hold the certified/registered receipt to Joe Slocum, per MFOIA, for the plans and to implement study for runoff impact to the water shed residents. No response-no action. Officials ignore and continue to batter residents, robbing tax dollars for businesses, flooding those without clout, costing thousands to moderate to low incomes in sump pumps and tens of thousands in real estate devaluing while pushing for more business and window dressing. 

My request for Seaview Terrace to be included in the Northport Ave TIF District via adding WCGH (annex addition 2011 and new additions currently underway) could build City Storm Water Sewers and stop illegally destroying the private property, endangered flood zone/plain of Seaview Terrace for enormous amounts of forced City Storm Water as a free sewer is logical and necessary. They have turned this into a personal ego issue (see Eric Sanders bristling and Mayor Ash timing me to the second) to deflect from the true danger forced on Seaview Terrace. A TIF District agenda brought me to this meeting to stop them from stealing funds for downtown projects. An informant had advised that City Storm Sewer near the bypass on Northport Ave has been broken for many, many years, adding to the flooding of residents. Please, please, fix it, save our homes and lives.
_____________________________________________________________________________________________________________

some more requests of the same never responded...

From:LAURIE ALLEN (laurieallen55@msn.com)
Sent:Wed 3/20/13 9:05 AM
To:chief@belfastmepd.org (chief@belfastmepd.org); ceo@cityofbelfast.org (ceo@cityofbelfast.org)
Cc:citymanager@cityofbelfast.org (citymanager@cityofbelfast.org); Jennika Lundy (managersupport@cityofbelfast.org); bkelly11@bluestreakme.com (bkelly11@bluestreakme.com); ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org)

Dear Chief and CEO (Todd Rosenburg),

Per Local Ordinance, the Code Enforcement Officer is not issuing violations that are flooding our floodplain, flood zone neighborhood of Seaview Terrace. We have confirmed the CASS and Annex are in violation and the other sites need confirmation so that police power may protect the flood plain as our local ordinance dictates
.


Drainage. Adequate provision shall be made for stormwater, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means (see sections 102-1123 and 102-1124 and chapter 98).

j.Snow removal. The plan shall provide for storage of snow accumulation or removal from the site. 

Floodplain and floodprone area mean any land area susceptible to being inundated by water from any source (see definition of "flood" and "flooding"). 
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, such as a floodplain ordinance, grading ordinance, and erosion control ordinance, and other applications of police power. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.


CASS and Sweetser Schools
WCGH Annex
MidCoast Mental Health
Tall Pines Nursing Home
Volunteers of America on Congress
Belfast Birches
Hilltop Birches
Legore Subdivision (Birch St)
National Guard Rte 1 So
MMP Rte 1 So
Larabees Plumbing and entire business park including airport
Prays Homes Rte 1 So
Mcleod's Trailer Park on Lower Congress

After confirmation, I will check the area's and alert CEO with a copy to all.  Until then, I will assume all sites are in violation and will email complaints and our police force can protect residents and City Hall in harmony.

Sincerely,
Laurie Allen
___________________________________________________________________________________________________
rom:LAURIE ALLEN (laurieallen55@msn.com)
Sent:Fri 1/18/13 1:48 PM
To:ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org); Jennika Lundy (managersupport@cityofbelfast.org); nmcgrath@cityofbelfast.org (nmcgrath@cityofbelfast.org)

Dear Jennika,

Please advise what the final conditions for snow accumulation/plowing at these sites. It is my understanding from the Planning Board that "plowable" snow must be removed off site.  This link provides pictures and proof that these sites are not removing the snow and will continue to pile and melt to Seaview Terrace in roaring rapid wipe us out style. As happened in 2009 and 2011 and Wayne Marshall claiming mother nature and all kinds of stats in rainfall for 5 years, on and on and on our tax payers clock. While in full knowledge that he made the conditions and has the documents.

https://picasaweb.google.com/lh/sredir?uname=105736045670734847961&target=ALBUM&id=5831861393761808113&authkey=Gv1sRgCKebwrrxq8PZxQE&feat=email

After the sites are confirmed that plowable snow is to be removed offsite, I want to know;
1. Who is responsible to enforce code. I would think Todd Rosenberg.

2. Why isn't he enforcing code, year after year knowing Seaview Terrace is at the receiving end of this negligence. Simple drive by is all that is required, just like I did. Clearly visible as you see in the pictures. I copied the Police Chief so he will be aware of illegal plowing even if it isn't with in his purview.

3. I want those sites to remove current and all future piles immediately. I want to know the date that all the present snow will be removed.

4. I want confirmation that at all future snowfall, the snow will be removed simultaneously off site when plowing.

These are the sites to confirm final conditions for plowing snow.

1. CASS
2. Belfast Birches
3. Hilltop Birches
4. VOA
5. Tall Pines
6. MidCoast Mental Health
7. Legore Subdivision- Birch St. Development
8. Town Houses on Cedar St
5. National Guard
6. Youngs Seafood (next door to National Guard)
7. Larrabees (sp?) Plumbing
8. Prays Homes
9. Airport
10. McLeods Trailer Park on Lower Congress
11. Entire Annex Office Site across from WCGH

I also noted snow piling on the corner of Upper Congress and Rte 1 North. Please advise if this is legal or in violation of City Ordinance. I see the City front loading snow into dump trucks throughout town and believe the same applies to that area as it is a major City road inside the bypass.

Please respond with this email and to all recipients to avoid the never ending confusion of smokescreen communications?  from Planning and City Manager.
Sincerely,
Laurie Allen