OSWPCA: Sunshine / Letter to Board of Selectmen, 13May10

Text facsimile

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

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             http://govtwork.org/
                             http://oswpca.com/
                             13 May 2010

Office of the Board of Selectmen
Michael A. Pace, First Selectman
302 Main Street
Old Saybrook CT 06475-2384

                  The dog that didn't bark.
Dear Selectman:
Re the Wastewater Management District (WWMD) Ordinance: the Ordinance is not valid. There was never a Question put to the voters to decide partitioning of Ordinance 75 into a WWMD- area, and a Not-WWMD-area. Old Saybrook Code, Ch. 173, Article I (formerly Ordinance 75) is not amended (read it!) to divide the coverage. Ordinance 75 (Ch 173, Article I) still applies to the entire Town.

To simplify:
Ordinance 75 covered the whole Town.
The essence of Ordinance 75 is this:
Septic systems must be upgraded upon failure.

The WWMD proposed to cover a non-contiguous "district"
that had no officers, no by-laws, and was not created to
benefit anyone in the district.

The essence of the WWMD for the "district" is this:
Septic systems must be upgraded NOW.
The WWMD would sacrifice the remaining useful life of existing systems to the word "NOW". The result? a massive destruction of wealth.

Destruction of Wealth is hard to sell to the voters. Old Saybrook officials and appointees were careful not to expose the truth to the voters in stark but honest terms. There is nothing in the Town's own document, "Wastewater Management District Resolutions and Referendum Questions" [7/17/09, 6:06:54PM, the Town's date/time stamp] that mentions Ordinance 75. A searchable version of "Wastewater Management District Resolutions and Referendum Questions" is on my website, oswpca.com - see for yourself, no Ordinance 75.
The Town's version of "Wastewater Management District Resolutions and Referendum Questions" is pictures of data instead of actual data, rendering the Town's document NOT searchable.
How could the Town finesse the fact that it didn't put the partitioning of Ordinance 75 to a vote? the WWMD itself being nothing but Ordinance 75 in a new dress - with cleavage.

The answer that the WWMD provides is, 173-36, Applicability of Chapter 173/Ordinance 75. Here, the WWMD Ordinance simply declares! Ordinance 75's area divided and subscribes the WWMD rules to what it now claims as its portion of the Town, leaving the balance of the Town to Ordinance 75 as it originally appeared.

Department of The-King-has-no-clothes:

The Question on dividing Ordinance 75 was never put to the voters. Ordinance 75 (Ch. 173, Article I) shows no such division. It didn't happen. It isn't there. Ordinance 75 (Ch. 173, Article I) is on oswpca.com - see for yourself.

The Town bought a WMMD trailer, (Ch. 173, Article II). The Town, intentionally or through its own negligence, 'forgot' to buy a trailer hitch for Ordinance 75 (Ch. 173, Article I) to pull its new trailer.

No ballot Question on Ordinance 75: no vote: no WWMD.
                             Very truly yours,



                             Joel R. Anderson

c:

Office of the Board of Selectmen        Mary Jane Engle, R.S., MPH, Dir.
William A. Peace, Selectman             CT River Area Health District
302 Main Street                         166 Main St, Unit #2
Old Saybrook CT 06475-2384              Old Saybrook, CT 06475-2386

Office of the Board of Selectmen        Michael E. Cronin, Jr.
Carol Manning, Selectman                Old Saybrook Town Counsel
302 Main Street                         201 Main Street, P.O. Box 454
Old Saybrook CT 06475-2384              Old Saybrook CT 06475

Robert W. Fish                          John E. Wertam, Partner
Treasurer, Old Saybrook                 Shipman & Goodwin LLP
49 Obed Heights Rd                      One Constitution Plaza
Old Saybrook CT 06475                   Hartford, CT 06103-1919

Eugene M. Evangelisti, Chm. OSWPCA      Hon. Richard Blumenthal, AG
Town of Old Saybrook                    Office of the Attorney General
302 Main St                             55 Elm St.
Old Saybrook CT 06475                   PO Box 120
                                        Hartford CT 06141-0120
Gratia Lewis, Fin. Mgr OSWPCA           re Public Inquiry #339871
37 Old Boston Post Rd                   or #340861 (or both)
Old Saybrook CT 06475
                                        Nora R. Dannehy, US Attorney
Betsey Wingfield, Bureau Chief, DEP     US Attorney's Office
Bureau of Water Protection & Land Reuse Connecticut Financial Center
79 Elm St                               157 Church Street, Floor 23
Hartford CT 06106-5127                  New Haven, CT 06510