OSWPCA: Sunshine / Letter to Bd of Selectmen - Pace, 10Mar10

Text facsimile

---------------------------> Joel R. Anderson

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             http://govtwork.home.att.net/
                             10 March 2010
Office of the Board of Selectmen
Michael A. Pace, First Selectman
302 Main Street
Old Saybrook CT 06475-2384
                       Exhibit A
Dear Selectman:

No one knew what they were voting on, on 11Aug09 (the WWMD Ordinance-creating referendum), because no one could have known. 'Exhibit A,' part of the Ordinance according to the Ordinance, did not exist.

There were no 'Upgrade Program Standards' (Exhibit A) in the Ordinance at the time of the vote.

--

The proposal for the Decentralized Wastewater Management District, in its 17Jun09 PDF (407215v21) iteration did not include an Exhibit A. Exhibit A was NOT "attached hereto."
   UPGRADE PROGRAM STANDARDS - The program and standards 
   set forth in that certain document entitled "Town of Old 
   Saybrook Wastewater Upgrade Program Standards," as such 
   Upgrade Program Standards may be revised from time to 
   time in accordance with the procedure set forth therein.  
   A copy of the Upgrade Program Standards as in effect on 
   the effective date of this ordinance is attached hereto 
   as Exhibit A.  A copy of the Upgrade Program Standards, 
   as revised from time to time, shall be on file at the 
   offices of the WPCA and the Director of Health.  The 
   Upgrade Program Standards set forth remediation 
   standards, including pollutant limits, performance 
   requirements, design parameters and technical standards 
   for application to sewage discharges in the WWMD for the 
   improvement of Wastewater treatment to protect public 
   health and the environment.  

                    EXHIBIT A
   Upgrade Program Standards as may be amended from time
   to time as provided herein.
That (above) is the totality of the WWMD 'Exhibit A' as proposed on 17Jun09: No Exhibit A.

After the WWMD Ordinance passed, 11Aug09, there's no 'Exhibit A' 'attached hereto,' as said in UPGRADE PROGRAM STANDARDS (below).
   Town of Old Saybrook
   Chapter 173. Sewage Disposal Systems
   ARTICLE II. Decentralized Wastewater Management District
   [Adopted 8-11-2009]

   UPGRADE PROGRAM STANDARDS
       The program and standards set forth in that certain 
   document entitled "Town of Old Saybrook wastewater 
   Upgrade Program Standards," as such Upgrade Program 
   Standards may be revised from time to time in accordance 
   with the procedure set forth therein. A copy of the 
   Upgrade Program Standards as in effect on the effective 
   date of this article is attached hereto as Exhibit A.
   Editor's Note:
   Exhibit A is on file in the office of the Town Clerk. A 
   copy of the Upgrade Program Standards, as revised from 
   time to time, shall be on file at the offices of the WPCA 
   and the Director of Health. The Upgrade Program Standards 
   set forth remediation standards, including pollutant 
   limits, performance requirements, design parameters and 
   technical standards for application to sewage discharges 
   in the WWMD for the improvement of wastewater treatment 
   to protect public health and the environment.
Weeks after the referendum, 'Exhibit A' appears in the Town Clerk's office dated 2Sep09.

For what it's worth (not much), the 'Exhibit A' 'Standards' of 2Sep09 do NOT include the Ordinance's promised 'pollutant limits,' or 'performance requirements.' There are no standards whatsoever for the performance of the WWMD post implementation. The WWMD is a fig-leaf for the Court, which, if the Court buys it I'll be surprised. The public should expect that the Town, after a $40 million destruction of wealth, will build a sewer plant.

The Town's malfeasance:

The Town, by going forward with its WWMD plan, is effectively inserting 8 pages of 'Standards' above the signature of a signed contract, the Ordinance of 11Aug09.
                             Very truly yours,


                             Joel R. Anderson

N.B: a copy of this letter is posted to my website,
     http://oswpca.home.att.net/

     Exhibit A can be found on the homepage of
     http://oswpca.home.att.net/

     Exhibit A is not on the oswpca.org website.

     Exhibit A is not on the Town's website.

     The WWMD Ordinance can be found on the
     http://oswpca.home.att.net/ homepage
     as well as on the oswpca.org website.
c:

Office of the Board of Selectmen
William A. Peace, Selectman
302 Main Street
Old Saybrook CT 06475-2384

Office of the Board of Selectmen
Carol Manning, Selectman
302 Main Street
Old Saybrook CT 06475-2384

Robert W. Fish
Treasurer, Old Saybrook
49 Obed Heights Rd
Old Saybrook CT 06475

Michael E. Cronin, Jr.
Old Saybrook Town Counsel
201 Main Street, P.O. Box 454
Old Saybrook CT 06475

John E. Wertam, Partner
Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT 06103-1919

Hon. Richard Blumenthal, Attorney General
Office of the Attorney General
55 Elm St.
PO Box 120
Hartford CT 06141-0120
re Public Inquiry #339871 or #340861 (or both)

Nora R. Dannehy, US Attorney
US Attorney's Office
Connecticut Financial Center
157 Church Street, Floor 23
New Haven, CT 06510

Eugene M. Evangelisti, Chairman OSWPCA
Town of Old Saybrook
302 Main St
Old Saybrook CT 06475

Gratia Lewis, Financial Mgr OSWPCA
37 Old Boston Post Rd
Old Saybrook CT 06475