Subject: Letters of Concern to Mayor Ash
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
CC: councilors@cityofbelfast.org; planner@cityofbelfast.org; publicworks@cityofbelfast.org
Dear Ms. Allen,
Thank you for your recent letters sent to the Mayor over your drainage concerns and other neighborhood matters. I will review these matters next week and will try to make arrangements to speak to you directly. In my review I will speak with many City employees including Bob Richards who is away on vacation until next week. I will not be able to understand or appreciate your concerns without an opportunity to come to your property with you and have you show me what it is that you are concerned about. I will try to schedule a time that is convenient for you. I have looked at many drainage issues in the City over the last 4 years.
I do note that I have just found out that there is already a meeting scheduled on Friday August 26th at your home to discuss this. Normally, if a citizen or an elected official has a problem with the way Staff is handling something it is referred to the City Manager for review.
It has now been properly referred to me by the Mayor. I will leave it for you to decide whether you want me to come earlier than August 26th or not. One meeting would seem to make sense but I will indeed try to have a second meeting with just me if that is what you would like.
Thank you,
Joe Slocum
From: laurieallen55@msn.com
To: citymanager@cityofbelfast.org
Subject: RE: Letters of Concern to Mayor Ash
Date: Fri, 5 Aug 2011 09:09:58 -0400
Dear Mr. Slocum,
I apologize for not contacting you directly. I have been in heavy communication since May and would have appreciated Mr. Marshall directing me to you when I was clearly not accepting Mr. Marshall's responses. I have requested a copy of the City storm drainage to Seaview Terrace and my property on the wall in the office that Mr. Marshall showed me since May. Mr. Marshall, Mr. Rosenberg and Ms. Delune have all said I can have a copy and to date, no copy. I want that map, how do I get it? Basic drainage questions I have presented will not be answered in writing.
I have not been formally notified of this meeting. All residents of Seaview Terrace are affected and were to be formally notified of the meeting. The time of the site visit meeting is requested to be after hours when all can attend, followed by a meeting at City Hall that has been slated on the agenda and taped. Chris Cabot from the DEP is to be notified of this meeting. The WCGH is to be invited and Mike Hogan. I have asked for education on the chambers and workings of storm water flow.
Please advise when formal notification, the time of the site visit and slated agenda meeting at City Hall will be made public.
I apologize if my directness is offensive. My intent is to keep on point with facts, not getting sidetracked with opinions, belief's and story telling. I want responses to my requests prior to the meeting so that we can all be informed and have a productive session without further tail chasing.
I will accommodate your visit with your first offer. The stream is dry and will allow you to see all the destruction and erosion from the heavy torrent volume of the City storm water diverted to my property. Today would be perfect. Anytime is good for me.
Sincerely,
Laurie Allen
___________________________________________________________________________
On Mon, Aug 8, 2011 at 7:35 PM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum,
I promptly responded to your email on Friday, August 5, 2011 at 9 a.m. I followed with a phone call and spoke with Nora. You did not respond to the email nor my call. I stayed home all day waiting for your visit.
Today, Monday, I called your office again. Jennika said you were in a meeting and she would call me back to tell me when you would be coming. Jennika called back and said that you would be contacting me after 3 pm to visit. You did not contact me.
This is not professional nor acceptable. Mayor Ash had told me last week that you were advised of my complaints prior and he thought it was resolved. Mayor Ash said he would speak to you again. I sent Mayor Ash the email on 6/29/11. I do not consider that recent as you have stated in your email below.
I promptly responded to your email on Friday, August 5, 2011 at 9 a.m. I followed with a phone call and spoke with Nora. You did not respond to the email nor my call. I stayed home all day waiting for your visit.
Today, Monday, I called your office again. Jennika said you were in a meeting and she would call me back to tell me when you would be coming. Jennika called back and said that you would be contacting me after 3 pm to visit. You did not contact me.
This is not professional nor acceptable. Mayor Ash had told me last week that you were advised of my complaints prior and he thought it was resolved. Mayor Ash said he would speak to you again. I sent Mayor Ash the email on 6/29/11. I do not consider that recent as you have stated in your email below.
I would appreciate an email by 10
am 8/10/11, stating exactly what time you will be here. The stream is
still dry and we will be walking in the creek, please bring your camera.
Please address my concerns in the email below, from 8/5/11.
Sincerely,
Laurie Allen
__________________________________________ | Joseph Slocum (citymanager@cityofbelfast.org) This sender is in your contact list. | |
| Sent: | Mon 8/08/11 10:11 PM |
| To: | LAURIE ALLEN (laurieallen55@msn.com) |
I will call you in the morning.
Joe Slocum_____________________________________________________________________________
From: laurieallen55@msn.com
To: citymanager@cityofbelfast.org
CC: mayor@cityofbelfast.org; ward1councilor@cityofbelfast.org
Subject: FW: 17 seaview/city storm f/u
Date: Wed, 10 Aug 2011 08:55:51 -0400
Dear Mr. Slocum,
1. Per Mr. Marshall's email below- paragraph 2, last sentence;
"The 1966 Plan and a subsequent 1978 amendment...", what is the 1978 amendment?
2. Paragraph 5, first sentence;
"In short, the road storm water improvements that exist in the SeaView Terrace Subdivision were constructed by the original property owner, and location of such were determined and constructed by the original property owner...THE CITY HAS NOT TAKEN ANY ACTION TO RE-ROUTE STORM WATER OR TO CONSTRUCT NEW DRAINAGE IMPROVEMENTS."
3. Paragraph 6, 2nd sentence;
"THE CITY, HOWEVER, BELIEVES THAT IT HAS NOT TAKEN ANY ACTION TO ALTER THE STORM WATER MANAGEMENT SYSTEM CONSTRUCTED BY THE ORIGINAL PROPERTY OWNER, AND WE BELIEVE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE (FROM STORM WATER) ON YOUR PROPERTY."
___________________________________________________________________________________________________________________________________________
This response prompted my findings that I gave you yesterday, showing that the City has re-routed storm water and has constructed new drainage improvements (new being after the original property owner was done). This is where I hit a brick wall with Mr. Marshall. There wasn't any point in having him come out here with Mr. Richards and aggravate me if I couldn't get basic information on visible storm water diversions prior. I did not request all types of documents as you were led to believe, only that map that Mr. Marshall showed me. I was specific to changes done after the original owner, they are clearly visible from the road, as we saw yesterday, and yet he refused to acknowledge the changes, wanting a verbal discussion with Mr. Richards to support him. Mr. Marshall has refused to give me a copy of the map he showed me in his office. Please advise when I will receive this map and copies for the residents of Seaview Terrace.
The difficult communications and non-communications with Mr. Marshall have me on high alert and concern. The offer from you and Mr. Marshall to submit a claim to the City insurance is not the solution. My request for a public meeting slated on the agenda, notifying all Seaview Terrace residents, Chris Cabot (DEP), Mike Hogan and WCGH, and any other affected parties at City Hall still stands.
The crumbling of the Seaview Terrace road due to water underneath and improper ditch drainage as noted by you is an issue. Diverting the City storm water from draining into my private property and into City managed drainage area's is key. The potential for the shed at 5 Seaview Terrace to be swept into the stream, blocking the culvert and flooding Seaview Terrace is serious.
My research on habited floodplain area's is civic and City consciousness to help these residents by diverting storm water away from these taxpayers. Rather, The City of Belfast is channeling City storm water to private property and relinquishing responsibility. The City Planners advice was to get flood insurance and not any assistance or accountability on the continuing loss of my land and frightening erosion within 6 months of this year, exposing root structures of huge trees that will fall onto my fence and also block the culvert.
Thank you for your visit yesterday. I am cautiously hopeful.
Sincerely,
Laurie Allen
17 Seaview Terrace
________________________________________________________________________________
On Thu, Aug 11, 2011 at 1:40 PM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum,
Please advise of your findings with my backyard property erosion. You did not bring a camera as I requested. During the road tour, you were thorough in observations, asked many questions, and took notes. When we toured the stream, I was pointing out the severe erosion spots, trying to push the brush out of the way for you to see, but you were not participating, I'm not sure if you were even looking because I had my back to you holding the brush back. You were anxious to bypass my property and inspect the stream 2 lots down saying you wanted to compare. You seemed to be only interested in the area from where the culvert at Charles Beck's property draining into my property at the stream. You did not ask questions, did not seem to hear me when I tried to how much property was lost, did not seem concerned with all of the dangling roots and erosion up and down the stream. The only questions that I recall you asking was which side of the stream belongs to MidCoast Mental Health in The Costello's area and asking why I thought that the Planning Board was to visit during the site visit for the addition to the Annex.
I think I heard you say something to the effect that you didn't see anything out of the ordinary with the erosion.
Please send the City video employee, Ned Lightner to film the stream erosion for the record and viewing at the meeting. Mr. Costello, cannot view the erosion in the creek because he is disabled, currently under physician care for his legs. Marina Delune and Mayor Ash were also unable to view the erosion from the creek. Other residents cannot view the erosion from the creek. The erosion is alarming and can easily block the culvert and flood the neighborhood. We all must view the same video for clarity and truth.
Ned has said on the piece that he did with Mike Hurley about the street party, that he has ample time because the City meetings are light. I am available all week for Ned, the weather is good, the creek is very accessible now.
You said you would respond back within 1 1/2 days, that time has passed. I respectfully request a response to my request for Ned to video the erosion by the close of business today. It is now 1:30 pm. If approved, Ned may contact me directly at 323-5883 and I will accommodate his earliest opening.
_____________________________________________________________________________
Date: Thu, 11 Aug 2011 19:59:13 -0400
Subject: Re: FW: 17 seaview/city storm f/u
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
Ms. Allen,
I am taking your concern seriously but unfortunately it is not the only concern that I have to address right now. I am taking the liberty of sharing this email with Belfast City Council.
I spent over an hour at your house Tuesday and walked the stream and listened to every concern that you have raised. I see no sign of imminent danger to your property and as such I can not justify treating this matter as though it was an emergency and push my other responsibilities to the side. The stream itself is about 4 feet deep and about 8 feet wide and was essentially dry. It has the same shape and level of erosion along its banks at every point where I observed it. It is essentially dry and I saw one - one inch puddle in a 100 foot walk that I took through it You identify no damage or threat to your house but you are very upset by the erosion in your back yard. I saw this erosion and while there is some there, the scale and scope of it was far smaller then I imagined from reading your emails.
You have raise multiple concerns and it is very clear that you are extremely focused and upset by both the erosion situation itself as well as the treatment you feel that you have had at the hands of the City in responding to your concerns. Your letter today is indicative of your anxiety and expectation of immediate need for answers which is not consistent with what I said to you on Tuesday. I advised you that I was going to look into this and that it would take some time. I told you that I would attempt to summarize your concerns in the next day or so. That is -I was going to make sure I had a complete list of your questions and concerns. I never said I would resolve all of your issues in a day and a half. I said I would get back to you and I am sorry if 48 hours is worse for you than 36 hours.
When I told you that I would get to the bottom of this and that I would be thorough-you asked me how far I had to go in terms of information gathering to get this resolved. I said right there that I could not see anything-- based upon my visit that day-- that suggested to me that the City had done anything to harm you in any way. I absolutely did see some erosion along the stream bed which in my personal opinion is the same condition I would see along any stream bed and which in my experience such erosion often happens if there is an unusually large storm or runoff like the ones we have had in the last several years. Secondly I told you that would have to go deep into City records to find whatever I could that would help bring all the truth to this issue that I could find. I said that no City record was a secret and I would try to find them and make them available to you. 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 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.
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
___________________________________________________________________________
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Fri 8/12/11 8:42 AM |
| To: | citymanager@cityofbelfast.org; LAURIE ALLEN (laurieallen55@msn.com) |
| Cc: | mayor@cityofbelfast.org; ward1councilor@cityofbelfast.org |
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. Another season of City Storm Water raging through my yard will bring down huge trees and erode the last foot of land out of the original approximate 6 feet that I had last year, and take my fence with it. The shed at 5 Seaview Terrace, stilted over the creek, that you approximated to be 20 years old, is hazardous and can clog the culvert immediately, flooding expansivley. The 8 feet across at this time last year was 2 feet. That may seem small scope to you, if it were your yard would you feel the same? What do you mean no threat? This is a flood plain and the City is diverting volumes of storm water to private property to tax paying residents of Seaview Terrace. The huge culvert at the end of Seaview could not handle the volume, overflowing and washing away the residents yard (you commented it could knock it off it's foundation), then the Merril's had it come over their yard, across Seaview Terrace and into the Hand's property and home. As I told you, the Merril's called the City and said that Parks and Rec were actually "nasty" to them. I'm told that the Hands made complaints to the City as well. The Costello's have had it come up and into their yard, Puzz Caswell, a local realtor and previous owner of my home, said the City has got to correct the problem but refuses, the erosion never seen like this since the Caswells were the original owners from 1967.
Certainly, one can understand that I have been waiting for answers since 6/7/11, that the Mayor has told me that he personally notified you when the Mayor received my email from 6/29/11. Mayor Ash came to my home on a AAA call for a dead battery 1 1/2 weeks ago and it was then that he learned you had not contacted me. I never said that I expected you to "resolve all your issues in a day and a half." This is what I wrote " You said you would respond back within 1 1/2 days, that time has passed.". I am reading your words and I am shocked. Bullying sums it up.
For the record, again and again, the map that Mr. Marshall showed me on the wall in the office, where he specifically traced the channels with his finger, at least 5 paths throughout the City, draining into my back yard. Please make sure that is the map I receive ASAP. Every time I have requested this map from Mr. Marshall, Mr. Rosenberg, through Ms. Delune and lastly face to face with you, I have been told yes, never an indication of how this map is so difficult to provide. Why is that?
Natural ceases to exist when the man uses heavy equipment to alter nature.
Please stop insulting me.
Sincerely,
Laurie Allen
________________________________________________________________________On Fri, Sep 9, 2011 at 6:55 AM, LAURIE ALLEN <laurieallen55@msn.com> wrote:
Dear Mr. Slocum and Mr. Mayor,
I have not received any further response from you, the City Manager with the erosion/ City storm water dumping into my property or with your acknowledgement of the crumbling road due to improper drainage, a City responsibility.
Please confirm today, via email, of your full decision. Will the City of Belfast problems above?
Sincerely,
Laurie Allen
___________________________________________________________________________
Date: Fri, 9 Sep 2011 16:50:47 -0400
Subject: Re: FW: 17 seaview/city storm f/u
From: citymanager@cityofbelfast.org
To: laurieallen55@msn.com
Ms Allen,
Good afternoon. I regret that I have been away for two weeks because of two family emergencies.
The road could indeed use some work and will be addressed in conjunction with our regular road program which calls for attention in areas about every 10 years. The road has alligator cracking because the ground underneath is wet. The present existence of a couple of culverts underneath the road which transfer some water from the higher land across the street to your land on the North side are an attempt by the City to have the road not act as a dam to the natural flow of gravity and also to preserve the asphalt on the road itself by eliminating standing water on the road edge or underneath it. We have these culverts all over the City and you will indeed find them all over the State.I will ask my Public Works Director, by copy of this email to let us know in what year your road might see some resurfacing. It will not be this year. At this time there are no funds or plans to install storm sewers along your road. We like many municipalities have have many roads without these amenities
My observation suggests to me that the stream behind your house has been there for a hundred years and has acted as the watershed for everything above it including your entire street. The City is not responsible for changes to the land or for the constructions of buildings, the expansions of lawns or cutting of vegetation done by every home owner- including your predecessor which has had an impact on surface and sub surface water in your neighborhood. The very ditch that is maintained between you and your neighbor is a good example of how you and your neighbor channel your water to the stream behind your house that is the natural drainage way. This stream and the water the water your entire neighborhood adds to it, simply goes behind other peoples houses down grade from you and in fact goes right into our City Park where it empties to the Sea. Some of your neighbors across the street want more surface water drained toward your side. The State suggested allowing more plantings to grow and absornb some of the water. The City noted that if we were ever to get involved we would want the neighbors to be cooperative and provide legal easements to the City so our actions are not seen as improper as you have suggested they were in the past.
While I was away I learned that there was a meeting held on site by Wayne Marshall from the City, and we had State DEP representative Chris Cabot there along with a member of our City Council. I understand that you were there as well. To my knowledge-nothing came from that meeting to suggest that the City has somehow caused all this water to be in your area. Since I do not see the harm caused by the City I have no plan to enter upon your property to do any bank stabilization that Mr. Cabot said he would be receptive to permit if requested by the individual neighbors.
It appears that in the past the City crews did indeed enter upon a neighbors property to clear growth from an existing ditch with permission to get water away from the road. 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
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