witnesses for Mark Conlee included his brother Lee County Detective Bob Conlee, his daughter Jessica, Jessica’s husband and the previous owner of Boatner’s property, Tonya Adkins. The Judge misread what Ms Adkins testified to. Conlee’s attorney Greg Johnson ask her if the property ever received stormwater runoff from Conlee’s property. She answered no. Judge Linn cites in his ruling that she said the property did receive stormwater. Boatner’s attorney Steve Swan recognizes this in email to Boatner after the ruling was made. Ms Adkins actual testimony was nearly word for word the same as her ex-husband Stuart Westermeyer wrote in his affidavit. He was prepared to testify in court, however Steve Swan never questioned him, Steve Swan also suppressed the written affidavits of all her credible witnesses.
My complaint is against local City and County officials. My personal knowledge of duties and standard procedures regulated for Cities to enforce comes from the fact that my father was (official title at that time, 1970-1980’s) Acting Street Commissioner of a neighboring City. I am very confident in my knowledge and understanding of the laws and procedures pertaining to the duties of a City to provide its residents. My complaint is complex due to unprecedented turn over of City officials, one example is the fact that within 5 years the City had 4 different Mayor. Similar circumstances apply to the City Council and Police Dept. Another unprecedented fact is that chemicals were used as a weapon to force me from my property, either by fleeing or cause my death. The evidence proving this is by a report from an EPA investigation among other sources. I am sure you are ready to dismiss this letter under the assumption that I have some kind of mental disorder. I understand that to be the opinion of most individuals and the fact that my allegations are truly unbelievable has hindered my attempts to expose those who have violated me. I believe my case is the most outrageous case of pubic corruption since the civil rights laws were passed in the 60’s. I have figuratively been raped by local officials. The evidence will prove that I have been literally been
Oppressed from my rights to free speech in a public forum.
My evidence is documented by public record
My evidence is documented by photographs
My evidence verified by a compelling list of witnesses including but not limited to
1) brother of Mayor #1 retired from lifelong career Street Dept. for neighboring City
2) Son of council member and chief of fire dept.
3) Former council member
4) Chief of Police #1
5) County Extension Agent (expert)
7) Professional Contractors
8) County Supervisor
9) State Representative (ret)
10) Pastor local church
11) Mutual friends of conspirators and complainant
12) Court records
13) Public records containing statements that the Official implicated himself.
14) Medical records and photos documenting the severity in which the chemicals had on my skin.
15) Numerous police reports and court records
The evidence I have is well documented, proving continuous serious criminal offenses have been covered up, and even participated in to abuse my rights under Color of Law. The intent is clear by reviewing the evidence.
I have reason to believe that the individual who these officials were acting on behalf of to be a psychopath, I believe he is absolutely is capable of causing my death. I request that my identity not be disclosed until an expert in behavior analysis review my evidence. Due to prior experience I have no doubts that I or any person associating with me will be targeted and put in harms way.
I request that an expert in that behavioral analysis review the evidence I have in my possession. Prior to any interrogation of the of the individual I allege are involved simply because of the known calculated ways a psychopath manipulates his victims, text book behavior couldn’t be more spot on.
This attack has been ongoing over a period of 7 years. Beginning with a smear campaign. I do not have the education or computer skills to properly submit my evidence in a written form, Due to the turnover of City officials my story is difficult to explain verbally. I swear this is a true story of extreme criminal acts and brutality by local government officials. I have followed all standard procedures to remedy my situation including a civil case that ruled in my favor citing my right to enjoy property resulting in the court order being violated for no other reason than to prove my only option to escape the chemical weapon is to sell my property and flee or die trying.
Ms. Boatner has had major surface water problems since she bought her home. That’s because her lot is lower than the land around it.¹ That was true before my clients added dirt to level their lot. Before my client’s lot was leveled, it steeped more sharply towards Ms. Boatner’s property and sent more water her way.²Also, my clients built their new home deeper in the lot then the prior owner’s house, which results in roof water draining towards Mr. Boatner’s back year instead of towards her home.³The old driveway described as a “berm” was man-made and apparently altered the natural flow of surface waters to Ms. Boatner’s benefit. Because it was man-made, my clients had the right to remove it.They have plans to build a raised garden in the same general vicinity as the old driveway, which may similarly benefit Ms. Boatner.
Mark suggested to Ms. Boatner that she lay tile around the perimeter of her house. That would have been a simple,but effective remedy for Ms. Boatner, but she’s not done that. Mark and Linda attended a council meeting and convinced the city to dig a drainage ditch in front of their properties. Ms. Boatner stood to benefit from that proposal, but didn’t bother to attend the council meeting. She later complained that she has to maintain the drainage ditch that was installed as a result of my clients’ efforts.
Mark and Linda are trying to get along with Ms. Boatner. They will not, however, agree to a drainage ditch on their land. In addition to being unsightly, a ditch would be a maintenance problem and a liability concern.Ms. Boatner is, of course, free to do what she wants on her own land.
I think we can resolve this dispute if we all meet at the properties and discuss the options.
Very truly yours,
Gregory A J
GAJ/tas Cc: client
1 Completely false statement. A Review the transcripts and an email to Boatner from Steve Swan ESQ will show Conlee’s only witness testified Boatners property never received stormwater runoff from Conlee property. Water damage was caused by stormwater running from the city street which Boatner remedied before she repaired the water damage to her home when she purchased it in 1995.. Witnesses Randy Kirchner and Stuart Westermeyer were prepared to testify to this. Boatner’s attorney Steven Swan ESQ intentionally suppressed their testimony and affidavits from the court. Swam conspired to violate Boatners State and Federal right to enjoy her own property.
2 Expert witness on Boatners behalf Robert Dodds was prepared to testify that a berm and swale that has been in place for 10 years is considered existing and cannot be removed, Boatner’s attorney suppressed Dodds testimony
3 There is no reason Boatner should have to make any alterations to her property do to a neighbor’s illegal property redevelopment. That is not typical or acceptable by any reasonable standard. It would have been reasonable for the building official to do his duty and oversee compliance to State building laws. This redevelopment was not to code by review of blueprints.
4 There is no reason Boatner should have to make any alterations to her property do to a neighbor’s illegal property redevelopment. That is not typical or acceptable by any reasonable standard. It would have been reasonable for the building official to do his duty and oversee compliance to State building laws. This redevelopment was not to code by review of blueprints.
5 This is so outrageous and false it is unbelievable. Any reasonable person can visually see the increased stormwater to Boatners property is a direct result of Conlee’s illegal property redevelopment. The Conlees never had a ditch install
The City of Montrose, Iowa and the Lee County Attorney along with a couple Lee County Sheriff’s officers violated my Federal and State Constitutional Rights. Mark Conlee began unlawfully applying chemicals to my property beginning in early 2005. Mr. Conlee purchased the nonconforming lot in 2002 from Mayor Ron Dinwiddie. Mr. Conlee was issue an incomplete building permit by building official Mark Holland. The position of building official is appointed to a council member by the Mayor. Mayor Dinwiddie makes a conflicting statement about the city having a building official at a city council meeting in Jan. 2005.
Marks intention to unlawfully apply the chemicals to my property was with intent to cause my person and property serious injury. Local law enforcement denied me equal protection of the law and due process providing me no access to the court.
When Mark Conlee filed a civil complaint against me for putting up a legal privacy curtain. I am aware that he told the general public that he won the case, but he lied. His case was dismissed. He committed multiple counts of perjury in this 3 day imaginary pursuit of justice. The evidence that is mentioned in the transcripts of this case being submitted by the plaintiff, I never saw. The evidence that I had given my attorney, was never submitted to the court. The case that I hired an attorney to represent me was as the plaintiff and was against the City of Montrose, Ia. My attorney advised me that we would sue both parties, adding that “the city is where the money is at.” I never found out the truth until the last day of this civil case filed against me by Mark and Linda Conlee. When I was served papers that the Conlee’s were suing me, well, I was quite surprised. There was no person willing to protect my rights or unwilling to commit a crime on behalf of Mark and Linda Conlee. There has to be a reason for the intentional disregard for all laws in this case. The most common reason for treason is greed. As I have said on numerous occasions. My case is about criminal offences committed against me by my local government officials. As this crimes were committed I was advised that I could not file any civil complaints alleging criminal offenses. I have been advised by the County clerk only the County Attorney has that authority. I have been advised this is a private case, but I have no authority to file a criminal complaint against these conspirators. During every criminal act that was committed against me there were two or more individuals involved in the act. The explanation of this judge is based on no factual evidence. The factual evidence was suppressed by my attorney. This ruling was based on hearsay of what Mark Conlee said and it makes no sense at all. Illegal removal of an existing berm is what several of my experts were prepared to testify to had they been given the opportunity. Or had the written affidavits been submitted to the court. All the stormwater from this long narrow lot of property was diverted onto my property after the illegal property redevelopment was completed. Mark Conlee did illegally change the frontage of his property but swore under oath that he did not. Photo evidence that my attorney suppressed proves that without any doubt. In spite of my witnesses not being questioned at all by my attorney. In spite of my attorney’s opinion that my witnesses were “experts in their own right”, and a “compelling list of witnesses”. The judge still dismiss Mark Conlee’s civil case against me. Had this judge been given the evidence and heard the testimony my witnesses were prepared to testify to. Mark Conlee was not the liable party in the case I hired an attorney for. I do not know the purpose my attorney advised me that we would sue both parties. I do not know why my attorney required $100 on that first day specifically to cover the filing fee for the complaint against the city but never filed the complaint. I do not know why my attorney reassured me throughout this time line that he had filed the complaint against the city when he knew full well he had not. I have an idea as to why he misrepresented this client. Any reasonable person could only come to the conclusion that I have as to why this many government officials would commit criminal offenses on behalf of Mark Conlee. I have been waiting patiently for the government official with the authority to further investigate what I have no authority to investigate the most reasonable conclusion as to how this happened in the USA. I am still being advised this is a private issue. I have read hard copy evidence that this is what the Federal government considers a high priority. The hard copy evidence is more reasonable than hearsay with no evidence to support this is a private issue. As I have no authority to file a criminal complaint of conspiracy against rights against the City and County. Only prosecutors have the authority to file criminal complaints against anyone as I understand it. I do know for a fact that the liable party in my case initially is the City of Montrose, Iowa. The building official has the duty to review the blueprints. Site layout and drainage are the first steps any reasonable person does when constructing or redeveloping. The building official assures compliance to State laws not the neighbor. This has been a premeditated act since the day Mark Conlee’s redevelopment was rejected from being recorded on the County plat map. This was a premeditated plan to eliminate me from my property. This is a case of violation of my State and Federal Constitutional RIghts and justice will be served.
Conlee vs Boatner finding of facts, page 9
Though the City police refused to acknowledge my Constitutional rights, the Civil court did. The judge cited in this page of the court transcripts “my right to use my property as I see fit”. That is a Federal and State Constitutional Right. This right is never to be taken. Conlee committed perjury in nearly every statement he made in the courtroom. My attorney Steve Swan conspired with Conlee to suppress evidence. He never question any of my “compelling list of witnesses nor did he submit photo evidence or the witnesses affidavits to the court. The judge based his ruling on the testimony of Conlee’s witness. The judge misquoted that witness. The judge claims she said the Boatner property always received stormwater runoff from the Conlee property. That is not what she said. My attorney knew the judge misquoted Ms. Adkins as he stated in an email he sent me after the written ruling was sent in the USPS mail. I recognized he misquoted her testimony as soon as I read the court ruling. Relevant is the fact that when I received the written decision I was advised by my attorney that I only had 7 days to file an appeal, he did not want the case. What she actually said was nearly word for word what my witness, Ms Adkins ex-husband was prepared to testify on the stand and did state in his written affidavit. Unfortunately my attorney failed to question my witnesses or submit the affidavits to the court. This can not be dismissed as an incompetent attorney. He would never have passed the bar. Attorney Steve Swan conspired with Conlee to assist him in acquiring my property by the use of chemicals weapons with intent to cause me serious injury. Swan knew this before we went to court. tHad he intended to represent my best interest he would have file the complaint against the City of Montrose as I hired him to do, and he pretended he had up until the final day of the civil case Conlee filed against me. He would have amended the counter complaint against in the Conlee case for trespassing at least.
9-18-2006 findings of fact pg 6
The following documents are and could have easily been recognized by the judge as Conlee’s admission of his illegal property redevelopment being the cause of the nuisance drainage issue that occurred to my property after the development was completed. Steve Swan also kept these documents suppressed from the court.
Lee County Extension agent was prepared to testify that the Iowa drainage law is that a redevelopment cannot produce more stormwater runoff to a neighboring property than before the redevelopment. In this case just the massive roof surfaces of the new structures increased the stormwater runoff to Boatner’s property significantly. Apparently the judge was not given the photo’s of before and after the redevelopment or was not clear about the Iowa stormwater drainage law.
There was no mention of the building permit for the home requiring the signature of the builder not being signed by the builder but was approved by the city building official. Or the fact that public record shows Mayor Dinwiddie acknowledges that fact just prior to me submit the unsigned building permit to him. He took no action to require the building authority to follow through with standard procedure in Conlee’s illegal property redevelopment. Mayor Dinwiddie states on public record that a redevelopment cannot have structures larger than the existing structures. All law were violated by Conlee and he was supported completely by the local authorities despite the state of despair I was suffering as a result of my State and Federal right being violated ongoing for a period of over 5 years. The building official has the duty to remedy issues between property owners regarding new property redevelopment, he refused. The City police have the duty to protect my rights, in this case they not only allowed my rights to be violated but assisted in the violation of my rights.
6-5-2006 Conlee 1st offer to settle out of court
6-22-2006 2nd offer by Conlee admitting liability for drainage
By the Judge recognizing my right to do what I want with my property, I find it reasonable to believe that would include my right to determine that no chemicals be unlawfully applied. That was not what happened after this case. The chemicals continued to be applied. Lee County attorney sent Deputy Dave Hunold to my house to investigate a second allegation that “Mark Conlee said” I had given him the finger. I advised Hunold that I wanted to file a trespassing complaint. He advised me after reviewing the court order that the judge did not specify no chemicals so he did not think a trespassing complaint was applicable. I thought to myself are you kidding me? He also advised me that he was only at my house to investigate a complaint made by Mark Conlee that I gave him the finger for the second time. The actions of officer Hunold support a conspiracy to deprive me of my rights under color of law and contempt of court which I have no authority to file a criminal complaint against.
If it is true there is no Federal law against terrorism, as I have been advised then this evidence supports this was an act of Conspiracy against rights. This evidence supports this was an act of deprivation of rights under color of law. Both of which are violations of Federal laws.
Conlee sues Boatner for installing privacy curtain. Boatner was well within her legal rights to install a privacy curtain. The fact that he is and has been routinely unlawfully trespassing by applying toxic chemicals to her property having been told not to. He sues her for using her property as she chose to assuring no encroachment on Conlee’s property indicates Conlee has a personality disorder. Continue reading →
These individuals were intended to be witnesses in a case that should have been titled Boatner vs. City of Montrose, Ia, that is what Steve Swan was hired to do, that complaint was never filed. Steve Swan assured me that he filed the complaint against the city several times,it was he that advised me that we would sue both parties, the city and Mark Conlee. I was well aware that the liability was that of the city, Steve Swan was aware of that also. I met with him the first time so I could question his knowledge of the law pertaining to property redevelopment, legally nonconforming properties and the duty a city must provide for the residents. He was overpaid according to his own documented statements of evidence. Steve Swan was intentionally negligent, no attorney could pass the bar showing the skills he showed throughout this untimely process. Lee County Attorney Michael Short sent a deputy to investigate a complaint made by Mark Conlee against me, claiming he was concerned that there may be a conflict of interest. My witnesses were never interviewed by the City of Montrose Police Dept or Lee County Sheriff’s Dept. Mark Conlee make multiple false police reports against Boatner. Conlee was never concerned of being held accountable by the City of Montrose or Lee County Attorney Michael Short for his many criminal offenses including contempt of court. They fully participated in every action he requested, legal or illegal, nobody showed any concern for the law that they were violating by participating.
Documented evidence proves Lee County Attorney Michael Short advised Boatner that he would need and independent investigation. I am not certain what County Attorney Short meant by “an independent investigation”. Due to the fact that none of my witnesses were ever interviewed in what would be considered a typical investigation. I stated that I wanted an investigation I am still today patiently waiting to hear from Lee County Attorney Short as the the results of his independent investigation.
My witnesses took the stand to testify on my behalf in a civil suit Mark Conlee filed against me. Conlee vs Boatner EQEQ 004043 cause of action, loss of enjoyment to his property. They were not question by Steve Swan. My first witness was a former tenant of the Conlee property, well aware of the existing berm and the fact that when it rained the berm held back the stormwater from my property causing the front yard of Conlee property to retain a small pond. Swan never asked him any questions. I asked him why he didn’t question that witness about the berm. Steve Swan advised me that the judge uses his own common sense. In the previous criminal cases against me I never had to speak a word as the evidence was undeniable. Had Steve Swan submitted the written affidavits and photo evidence that supported my allegations. Unfortunately Steve Swan was to incompetent to file a complaint against the liable party, the City of Montrose, question the witnesses who should have been viewed as experts in their field, notify me in a timely manner that a decision had been made.
Due to the fact that after multiple requests from Boatner for the building administrator Mark Holland to come to the location and address her concerns, he refused. A witness was prepared to testify that she asked Holland if he was going to go to the location and address Boatner’s concerns. He replied that he had no intention of going to Boatner’s to address her concerns. Knowing that the expert on this situation would be the local FEMA director Steve Cirinna. Knowing that a conflict of interest exists due to the fact the he is the husband of the city clerk Celeste Cirinna his opinion was not an option. Through a referral from the internet source Boatner contacted Lee County Extension Agent Robert Dodds for an opinion regarding the nuisance drainage issue. Mr. Dodds did come to the location as a professional courtesy. Mr Dodds noticed some discrepancies that I had not, I only noticed that the building permit was not signed by the builder as required by State of Iowa law. The following letter was written to me advising me of his opinion to some questions I had asked him. A copy was also sent to Mayor Dinwiddie along with a copy of the State drainage laws. This letter was never discussed privately with Boatner or at a public council meeting. This letter was not submitted as ongoing business to the next elected administration of Mayor Tony Sciumbato . This expert’s opinion was ignored in this case, yet there are numerous instances unrelated to Conlee-Boatner nuisance drainage issue in which public record shows Mr. Dodds opinion was requested and respected. At this point any reasonable person would recognize a conspiracy to deprive me of my Federal Constitutional Right to Equal Protection of the Law and my Right to Enjoy my own Property at the least of the issues in this case.
5-13-2005 Lee County, Ia extension agent Bob Dodds letter answering questions Boatner has asked, identifying errors or violations of drainage laws to Boatner and Mayor Dinwiddie. He included a copy of the Iowa storm water management regulations.
This is the damage to my foundation due to the illegal removal of the existing berm by Mark Conlee. I requested multiple times for the building official to come to the location and address my concerns. Conlee’s will claim that the damage was caused by storm water runoff coming from the street. However it has already been established that Boatner hand dug the ditches bordering her property upon purchase in 1995. Prior to repairing all damage caused by the lack of maintenance by the city of many years. This photo is from the basement of Boatner’s home. Shot toward the right front corner, The front of the house facing 5th St is dry, easy to distinguish by the light color. The left side of this photo is the side of the home that faces Conlee’s property. Easy to distinguish this soil is saturated by storm water caused by illegal removal of existing berm by Mark Conlee along with the regrading of his entire lot due to him changing the frontage ¹ of his new home to be toward the alley. He regraded the entire lot downward to drain onto Boatner’s property.
¹Conlee committed perjury in civil court Conlee vs Boatner Eqeq
This photo shows the soil saturated and the foundation washed out, this is the side of the house that faces Conlee’s property. According to witnesses Tonya Adkins and Stuart Westermeyer both former owners testified that the property never received storm water runoff from the Conlee property. When there was a heavy rainfall because of the berm the front yard of the Conlee property became a pond,the berm held all the water from running onto Boatner’s property. Witnesses were prepared to testify to all this and I have written affidavits stating this as true. Attorney Steve Swan failed to submit affidavits and to question witnesses on my behalf in a civil suit Conlee filed against me for loss of enjoyment to his property. Yes that is a tell tale sign of narcissistic personality disorder. I will post all the court records as the events happened.
I contacted Mayor Dinwiddie, building official Mark Holland and every other council member on this day. I requested each of them come to the location and see with their own eyes the flooding of my property caused by Mark Conlee’s illegal property redevelopment. Only one of the council members had the professional courtesy to answer my request, Cathy Roberts Farnsworth saw the adverse effects my property was having. Building official Mark Holland had the duty to act as the authority. he is the only authorized authority to represent the State building codes for the City of Montrose, Ia. He had been on notice since fall 2004 and had not preformed his duty on my behalf. That is to untimely to consider he is not conspiring with Mark Holland to violate my Federal Right to enjoy and equal protection of the law under color of law.
Here you can see it standing it the level spot that we had the pool set up. This yard has never held water in the past. I may have more knowledge than most about these issues but building administrator Holland has a manual that states the standard procedure required for redeveloping non conforming properties, his lack of concern was not due to ignorance, it was due to conspiracy intent to deprive me of my rights under color of law. Witnesses will testify that he questioned them about site layout when they were issued a building permit for their new home. He refused to answer my concerns and continued to issue Mark Conlee two more building permits. It is noted on public record that Holland did drive by, that will be posted by the date of the meeting.
My name is Melody Boatner. I was raised in rural Lee County, Iowa. In regards to my character, I hold a high regard to moral law. I do not lie, I do not cheat, and I do not steal. I have lived my life, as I was taught early on, by the golden rule, “Treat others as you want to be treated”. I have always been hard-working, responsible, confident, talented, independent and trustworthy. All traits that seemingly are in the best interest of society as a whole.
I married, had a son and moved south for a few years. My son developed a serious, life threatening medical condition at the age of 6. Addicted to alcohol and drugs, his father proved incapable of caring for him while I was at work. I determined it was in my son’s best interest that return back to my home, to Iowa. In 1990, I called my brother, he drove to Georgia, rented a u-haul trailer and brought the two of us and all we could squeeze in a U-haul trailer back to Iowa. Three days later, I was hired by a local contractor as an assistant mechanic. I had to resign soon after because the employer-provided no insurance benefits. Due to the rarity of my son’s condition I was advised that if I could get health insurance for my son it would be so expensive I could not afford the premiums. It is so rare that his Dr. in Georgia took over a year to make the proper diagnosis. The length of time for diagnosis had caused his heart to be damaged. Knowing that I was the only person familiar with the symptoms that could recognize by looking at him if he was needing immediate medical attention. I already knew that to maintain a normal quality of life he would require monthly injections until the age of 18 years, longer depending on his environment and career choice. At the time his condition was considered existing and he would have been excluded from any employer offer insurance benefit package. In order for me to care and provide for his future needs personally, I needed to be self-employed. Attorney Vivian Meyers got a divorce granted for me by the court pro-bono. AFDC covered the cost of his medical needs. I have never received any child support money from my ex-husband and never expected anyone but myself to provide for my son. I was completely capable of providing for him, had he not gotten sick and had to have regular medical attention.
I utilized the resources offered by the government to get out of poverty. I enrolled in a business course offered to low-income families. Self Employed Independent Development to assist in the needs to be successfully self-employed in a home based business, I was taught how to prepare a business plan to present to a financial lender. Through my research I discovered there was a demand for upholstery services in my area.
October 9, 1991 I was selected to travel to Washington DC and testify in front of a Congressional Committee. My intent was to explain to the committee that income regulations prevented me from acquiring the tools I needed to start a business. Counting the value of assets (tools) for micro enterprise as a personal asset would exceed the income guidelines, exempting my son from being insured by Medicaid was not an option. The fact that I was selected out of hundreds of individuals in the State of Iowa to travel to Washington DC suggests that the program directors recognized my character showed determination to succeed in my goal. I could now acquire the tools I needed to open a home based business
My brother financed my sewing machine and I made payments of $50 per/mo for 24 months. We agreed that I would set up shop in a portion of his garage. He owned the business named Brannon’s Upholstery. I worked as an employee, teaching myself how to upholster. I reinvested any personal income back into my future by purchasing tools, fabric and reference books. I paid the machine off as agreed.
My formal education is minimal. I dropped out of high school in the 11Th grade opting for a GED. I am self-educated in subjects that I am interested in. I am self-educated with the ability to provide multiple skilled services such as my chosen career as an upholsterer. I have studied many personal interests, one of which is human behavior, particularly personality disorders. I am intelligent and have found employment based on the fact that I have high level of common sense. I easily comprehend written material. I have an impressive personal library that includes a wide array of subjects.
My knowledge of the law, specifically the duties and responsibilities a City has to provide in order to protect its residents, was taught to me for the most part, by my father. His career was a long time employee of the City of Ft Madison in Lee County, Ia. His job title was “acting Street Commissioner” prior to and during integration of “City Engineer”. The engineer took over responsibility of issuing building permits assuring compliance to the “Iowa Stormwater drainage laws” and building code. Smaller Cities such as Montrose, Ia use the Mayor-council system. The mayor appoints a council member to act as “building administrator”. The administrator’s duties are to represent the State of Iowa. He reviews blueprints, issues building permits, and charges a fee assessed by the value of completed construction. Before the administrator approves the completed project he follows a standard procedure to assure the construction is compliant with State building code. He then issues a certificate of occupancy. The Building Code Officials Handbook and a manual provided by State Assoc. of floodplain managers titled “NO ADVERSE IMPACT AND THE COURTS: PROTECTING THE PROPERTY RIGHTS OF All” are available at Montrose City Hall. The local FEMA officer is Steve Cirinna, husband of City of Montrose clerk Celeste Cirinna. Building administrator Mark Holland has been appointed this duty many terms that he has served as a council member.
February 1995 I made my brother angry. He demanded that we vacate the property immediately. Lee County Deputy Dave Hunold responded to my 9-9-1 call. My brother is a very large intimidating man. I have never seen him that angry before and never want to see him in that state of mind again. When we were kids I would make him mad and he would hit me , common for siblings. As adult sibling an intent to physically assault me is not, in my opinion, acceptable behavior. My son had never witnessed anyone acting violent and was terrified. Feb 22, 1995 I filed a complaint to get possession my tools. The day before we were ordered to appear in court he notified me that I could retrieve my property. The case was dismissed and we had no interaction or contact.
Homeless, we moved to into town, the city of Montrose, Ia and stayed with a friend. I rented a garage to work out of temporarily from Sue Kerns Dinwiddie prior to her marriage to Mayor Ron Dinwiddie. A friend had her property for sale for a very affordable price. I went over and looked at it. It was structurally sound but in need of some serious maintenance. The house needed some of the sill plate and corner post replaced. The repairs were needed on the front right corner due to lack of maintenance by the City of the storm water ditches. The garage was not too bad. I installed a furnace in both the house and the garage, I updated the electric service panel and wiring in the house and garage. The workshop floor was completely replaced. Stormwater ran directly into the entry door over an extended period of time the chairs had literally fell through the rotten plywood. They were sitting on the ground of he crawl space. The damage to the home and the shop floor was caused by the city’s failure to maintain drainage ditches. The property was with my price range at $10,000. The seller set the price so that she would be within the income guidelines to qualify for a Sec 8 apartment in Keokuk, Ia. The lot was legally nonconforming. Non-typical long narrow lot running street to street. The typical conforming lot runs from City street to City alley. There would be restrictions if I ever needed to build a new structure. No legally non-conforming properties are ever allowed to have new structures built larger the existing structures. My property potentially had everything needed to provide a home for my son and a garage to operate my business.
When I first moved in with my friend I applied for a Habitat for Humanity house. We were selected to receive the next habitat built home. A few days later I was notified by the bank that I had been approved for the loan for the $10,000 fixer upper that my friend was selling. This property was perfect for me. I withdrew my application from Habitat for Humanity
Nov. 1995 We moved into the house at 111 N 5Th St, Montrose, Ia . Typical to the early 1900’s era, Boatner’s property was protected from stormwater runoff by using the berm and swale technique along the common boundary of the adjoining property at 105 N 5Th St. The berm was distinct in its purpose. When it rained, the stormwater was held forming a small pond on the right side of the berm. The berm was built on Conlee’s side of the common boundary. The swale was on my side of the common boundary. A garage was attached to Conlee’s mobile home and the top of the berm served as the driveway from the street into the garage.
I can not stress enough that the damage to the existing structures on my property was caused by stormwater runoff from 5Th St. The City of Montrose had not maintained any of storm water drainage ditches for so long that in most cases and certainly in front of my property on 5Th St, there was no visible evidence that a ditch ever existed. Both corners of my lot contained very nice and culverts. I know full well, that it is the City’s responsibilities to maintain the streets and drainage ditches. I did not complain to the City that they had been negligent in maintaining the ditches. I was well aware that they are liable for the ditch maintenance. I had the ability to do it myself. Public record shows many complaints by city residents discussing drainage ditch problems though these years.
My first priority was to hand dig the ditches and replace the driveway culvert. There are many witnesses to that fact, including Police chief at the time Officer John Farmer. Most all the properties in town suffered adverse effects from stormwater due to the City’s failure to maintain. Stormwater ran from the street down the driveway into the doorway of my garage, the floor had rotted through and chairs had fallen through. Storm water ran over the sidewalk to the front corner of my house. I guess it must have been ongoing for 10 or 15 years. It didn’t take to long for me to repair damage to structures on my property. I already had the knowledge of how to do the repairs. I had access to any equipment I needed. Most of my friends are in the field of construction.
I renovated, rehabilitated and upgraded most everything by the time the loan was satisfied. I have receipts to prove the amount of money I reinvested into the property. I paid the loan off in 2000.
I had established a reputable upholstery service and raised my son though his school years in the house at 111 N 5Th St Montrose, Ia. My son has always worked, starting as a paperboy when we moved to this house. He graduated high school and though he has had some health problems, he no longer requires monthly injections. He has worked for Huffman Welding and Machine since he graduated, he is now 32 years old. I never had any problems with neighbors of any kind. We all got along, everyone was friendly, and considered it a nice neighborhood to live in.
Ron Dinwiddie has been the Mayor of the City of Montrose since 1995 when I purchased my property. There has not been much turnover in council members or City employees. I have never been involved with the City politics or attended the City Council meetings. It was my opinion that all seemed to be running well within the City Government. Those who were in charge seemed sincere in their roles as community leaders.
You will be led to believe that I am a lazy person who never takes care of my financial responsibilities by the opposing party of my complaint. That is simply not true. I downloaded a copy of my credit score when it was obvious I was not going to be able to make payments on unexpected ER visits. The rash that erupted on my shins caused severe intense itching immediately after I had got it on my skin. After the grass had died several days later did I see that chemicals had been unlawfully applied to my property. No matter what I did be it civil court or request law enforcement to file a complaint for trespassing on my behalf, the chemicals continued to be applied against my will on my property until the day I was forced to flee. Before the back to back Emergency room bills was sent to a collection agency my score was 760.
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