4/26/12 TOTALLY UNETHICAL City Attorney Letter

4/26/12 TOTALLY UNETHICAL City Attorney Letter

This one blows my socks off! Such ignorance and disgrace. The City provided documents and ordinances but not the one's I requested. Later those multiple residents were most likely Bud Hand who the City helped get accumulated runoff from his property to mine with the ditch digging and culvert lowering in 2009 and The Smith's. From the first month I moved in, the Smith's and the Hand's were very active in calling complaints against my dogs. . The Smith's and The Hand's do not own stream/ditch property and the Smith's I believe built a shed on property that is not their property but is Mid Coast Mental Health. They are not going to draw any attention to that what so ever. Except to nail me. Peace be with you neighbors.

Then back to the "slight moving" of what ever this was- previously it was a farm. Seems like this would have been an irrigation ditch running through the center of the farm. That's what it looks like in the old pictures that I was able to score. Then Billy Boy tries again to lead me to the path of billable hours for his rabbit hole lunches of deception with other attorneys. Not. Another resident warned me after she was out 10k for the City Planner's "Highly Illegal" approval to build a house on a lot that he said was un-buildable. Since the lot was unbuildable - she bought her house knowing her  water view  would never be obstructed. 

Then, Wayne Marshall, City Planner, receives a paper napkin from Mr. Caswell (his home on the Comfort Inn property) with a sketch for a home on this unbuildable lot. Wayne Marshall approves the napkin per this resident telling me the facts. She spent hundreds  in appeals to the Zoning Board of Appeals, to be voted down. The house stays. 

Later, a City Council member, Alan Wood (now on the School Board and a Realtor) would tell the resident he will never forgive himself for being forced to vote against them.... They were alienated by many as they fought to save their home. Forced to hire an attorney that said open and shut case, highly illegal... and after 10k all the resident saw was her attorney lunching with the City Attorney. A motion was no where in sight. She stopped pursuing and put her house up for sale.

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April 26, 2012

Re: Flood Plain Issue

Dear Ms. Allen:

I am writing to you in my capacity as Attorney for the City of Belfast.  I have reviewed a copy of your most recent e-mails to the City of Belfast dated April 23,25 and 26,2012.  I have been following your correspondence to the City for these last few months, and I am aware that you have a copy of my correspondence to the City Council, addressing the fact that the City has not  exhibited  control or  ownership  of the drainage swale/stream located on your property, which has been the subject of your  communications  to City Hall.

Your e-mails, at this point in time, and the information that you are requesting are repetitive from information that has bee previously provided to you, which includes documents and aspects of the ordinances of the City of Belfast that have been identified as being responsive to your request for information of the controlling local law that addresses your stream/swale, as well as the approval and permitting process for the hospital annex located near your boundary line.

I have also been aware of your comments in which you have derided and made unfair, insulting, and untrue characterizations regarding various City officials.  City official maintain a decorum and a level of respect for citizens that sometimes requires them to take passing insults and unfair characterizations somewhat in stride in their daily work.  It appears to me that your repeated unfair characterizations and defamatory statements have become a form of sport for you.  You couple these characterizations with your own versions and  characterizations  of efforts made be City officials in the last year in responding to your  requests.  It appears that it is time for me to advise you to stop harassing City employees.

You have been provided the information that you have requested and have been provided references to other tools within the City such as ordinances, documents, permitting process information and regulations.  You have chosen not to use the aid of professionals, and you have repeatedly stated that you cannot afford such help.  However, the system is fairly straightforward in that the City is required to provide you with information and materials, which it has done.  It has exhausted the information that it has available to it in providing you with responses to your requests.  There is nothing more any City official can provide to you, nor any other resources that you can be directed to which you have not already been directed to by the City officials.  The City cannot advise you when it disagrees with your position- that is a conflict of interest.  Your repeated requests relating to the same information are not going to lead to different information, nor different positions of the City officials.  The fact that you do not agree with the City's position is well understood.  However, there is no point, purpose or result that will be obtained in your continuing efforts  to make false and untrue statements and  characterizations  as to the efforts of the City officials.  City officials and staff employee time is a limited commodity.  It is not possible or practical for the City to continue to respond to the same questions and same observations from you on a repeated basis merely because you disagree.

The City officials have expended significant time and energy in addressing your questions and requests.  They have done all the can do and there is nothing more they can do at this point in time.  As a result, to the extent that your e-mails, commentary and questions are repetitive, there is no purpose at this point in the City officials responding to you.  That will be the course that is taken from here on regarding repetitive inquiries.   Therefore, your future e-mails, to the extent that they are repetitive and cover the same issues that already have been asked and answered by the City officials, will result in an e-mail from whomever you provide the e-mail to with the  simple  comment that there is nothing  further  that the City can provide for you at this time beyond what has already been provided.

I am aware that multiple residents on Seaview Terrace do not share your concern, do not share your methodology of unfair characterizations of City employees, nor the way that you describe the impact on your property's value regarding stream/drainage swale,  which  has  been  in the same approximate location for at least 50 years and certainly for a greater period of time  before  it was slightly moved by the developers in the late 60s.  I encourage you to seek legal an/or attorney or professional engineering advice to address your private issues.  I am happy to speak with your attorney or engineer at any time.

Thank you for your consideration.

Kelly & Collins, LLC

by: William S. Kelly