OSWPCA: Sunshine / Letter to Bd of Selectmen - Pace, 22Mar10

Text facsimile

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

                             13 George Drive
                             Old Saybrook CT 06475-2636
                             860 388-9858
                             http://govtwork.home.att.net/
                             22 March 2010
Office of the Board of Selectmen
Michael A. Pace, First Selectman
302 Main Street
Old Saybrook CT 06475-2384
A crisis does not always appear to a policymaker as a series of dramatic events. Usually it imposes itself as an exhausting agenda of petty chores demanding both concentration and endurance.
- Henry Kissinger
Dear Selectman:

Re the unconstitutionality of the Waste Water Managememt District Ordinance (WWMD), and the Town's negligence in failing to inquire into that, exposing the Town (and its executives) to lawsuits for failure of due diligence.

The essence of the WWMD is a taking of property without compensation for the sole reason that the property fails to meet an engineering standard lodged in the Health Department and then backcharging property owners for the taking.

The WWMD makes no claim of a hazard to the public health. The WWMD's taking is "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." The WWMD's 'taking' fails under Amendment 5 of the US Constitution.

Were the WWMD to claim that a failure to meet the current engineering standard is itself a health hazard, that would fail under 'equal protection' of law. There are maybe 500 thousand septic systems in CT that do not meet the current engineering standard. It's entirely improper under law to single out and define only those non-standard systems within the WWMD as a 'health hazard.' In Old Saybrook there are many non-standard systems located outside the WWMD.

As for 'protecting the environment' there is, within the Ordinance, no definition for 'the environment,' an impermissibly vague and ambiguous term no matter who uses it, including the EPA Commissioner. No one can live on the planet without impacting 'the environment' in a negative way by the mere fact of existing.
No matter how far you've gone down the wrong road,
turn back
.
- Turkish proverb
                             Very truly yours,


                             Joel R. Anderson

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

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