City Manager- Master Lip Service

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.( Out of quote for me to respond-This is a lie to avoid their stand that the do not do work on private property. The road at my driveway(and many other residents) is a pond at every rain/snow- no culverts, no road side drainage)( back to original quote fro Joe Slocum) 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. (ME SPEAKING- NO FUNDS?? ARE YOU KIDDING- YOU'RE GIVING 40K EACH TO SOME 24 RESIDENTS FOR FOOT TRAFFIC ON A RAIL TRAIL THAT WILL DRAIN OUR TAX DOLLARS THAT ARE SO BADLY NEEDED ON SEAVIEW TERRACE. THIS WHOLE TRAIL IS ANOTHER CITY SCHEME TO AVOID ANSWERING ANY QUESTIONS UNTIL IT WILL BE TOO LATE AND TOO COSTLY BUT COUNCIL IS "DETERMINED" REGARDLESS OF THE SAD SHAPE OF ROADS AND SEWERS. GUESS THEIR HOMES ARE NOT IN DANGER).

BACK TO JOE AND HERE IS WHERE HE DOWN AND OUT LIES ABOUT THE STREAM BEING HERE FOR 100 YEARS- THIS IS ALL TRASH- HE IS NOT CREDIBLE WHATSOEVER
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.

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