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#1424526 - 06/20/12 03:47 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
I finally connected with the new 1st Selectman for the Town of Morris. You will not believe this string of events. I literally laughed out loud during her explanation of things which pissed her off some.
Anyway, the bottom line is they re-wrote the draft ordinance from last year under the old 1st Selectman, Karen Paradis, which provided for resident and non-residents and took out any reference to non-residents and substituted residents-only. You can go to the Town of Morris website and click on the section having to do with meeting announcements and agendas and then click on the May 31st Town Meeting and scroll down to the Boat Launch Ordinance. Of course it passed the town meeting.
Back to the beginning. I introduced myself, who I was, why I was calling and how I have been involved with the boat launch issue since early in 2009 and could I get an update on where we were with a new ordinance. The new 1st Selectman, Barbara Bongiolatti, immediately went into defensive mode saying that in the transition between last year's administration and her new administration over two years of computer files and other file materials were either deleted or lost somehow and though there was some discussion about non-resident usage of the boat launch since they had no files and no copy of any correspondance, including the AG's letter of August 11, 2009, the Ordinance Committee decided to just go "clean sheet" and start over with a residents-only boat launch, like they always wanted to do. Afterall, the state now has Beverly's so how is this a problem. After I laughed she said there was a meeting she had to attend and couldn't talk any more but I asked for a couple of minutes more and I told her I would help her out by sending her a copy of the AG's letter and my correspondence with the old 1st Selectman and that when she receives it she should immediately call an executive session of the Selectmen's Office and have the Ordinance Committee there and modify the Ordinance to include:
--A provision for non-resident usage.
----From Memorial Day to Labor Day a non-resident pass is required for a seasonal fee of $25 bucks (or thereabouts).
----From Labor Day to Memorial Day no pass is required for anyone.
My rationale which I briefly explained to her was:
--It is illegal to do otherwise, the AG's letter will explain why.
--Town residents use Beverly's tying up parking spots so non-residents should have equal availability at the town launch when Beverly's parking is full.
--It is consistent with other area lakes like East Twin and Lakeville Lake, and many other town lakes around the state, where the town and private launches accomodate all boaters.
--Having a state launch means that most non-residents boaters will use it since it is free and in general, a nicer ramp but the issue at hand is the U.S. Constitution and the Right to Assemble which has nothing to do with state ramp availability so the Beverly's issue is a non-starter and irrelevant. That said, few non-residents will use the town ramp during the summer months when a fee pass is required so it is a "sleeves out of the vest" type issue for the town and the town is ill advised to challenge the state's Attorney General.
Then she had to hangup and go to her meeting.
So this morning I am mailing the documents to her and will send her a follow-up email. But this is precisely the kind of thinking and actions that is so frustrating and is a perfect example of what Dusty and Mycept were saying above and why the DEEP for the most part tries to stay out of these issues.
Anyway, we will start with the carrot and see where it goes. The lady was nice on the phone and obviously aware that this Ordinance issue was going to come back to bite them. I have no clue what they will do. If they do nothing then I will bring it to the AG's office again and copy Senator Blumenthal and some others.
I have always said we are best served as sportsmen/women if we can get involved at the local town level by being on these committees, commissions and lake authorities so that our issues are aired at the grass roots level before they get implemented. As frustrating as that is, if we don't we have no chance.
So this is what I will commit to do, if you have any other ideas, suggestions or action plans please don't hesitate to be vocal about it and put up a post.


Edited by Buck (06/20/12 03:50 PM)
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#1424534 - 06/20/12 04:29 PM Re: Bantam [Re: air leak]
KillTaker Offline

Member

Registered: 04/17/06
Posts: 11811
Loc: Southbury, CT
Atta Boy!!! That's about as level-headed a posting as I could imagine seeing. Rock on, brotha!
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#1424705 - 06/21/12 10:40 AM Re: Bantam [Re: air leak]
air leak Online   content

Member

Registered: 01/23/02
Posts: 6455
Thanks for your hard work on this matter, George. I'm just glad that you're on our side!
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#1425074 - 06/22/12 04:30 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
Below is my email to the new 1st Selectman for the Town of Morris which I sent this morning. I also mailed out the documentation package this past Wednesday.
This is so simple. If I were the Town of Morris 1st Selectman I would fix this in ten minutes at an Executive Session of the Selectmen's office simply stating that the Town is not going to take on anyone on this issue and by complying we won't have to and this solution has no impact on us and may give us a tiny windfall of a few hundred bucks. End of discussion, meeting adjourned. We will see if common sense prevails over arrogance. I will keep the site updated.
---------------------------------------------------------------------

Barbara, you should be receiving my package which I mailed on Wednesday. I had to reconstruct it from my hard copy files because I also had a major computer failure back in December and lost all of my email history. In any case, it is a package of about five pages and covers all of the most important correspondence. In it are:
--The states Attorney General's letter of August 11, 2009 to the Honorable Karen D. Paradis, signed Richard Blumenthal.
--A package of emails including;
----my original to Karen Paradis dated July 19, 2009
----my email to the AG dated July 27, 2009
----email to me from AG's office, from Assistant AG Kimberly Massicotte
----my email to AAG Massicotte

This is a simple problem to overcome. Simply amend the Ordinance:
--Provide for a Non-Resident offering for the summer months for a fee of $25 (or in this range such that it is not an economic barrier).
--Have two periods of operation.
----from Memorial Day to Labor Day (the summer months) a pass is required for both residents and non-residents
----from Labor Day to Memorial Day (the off-season period) no pass is required

I would call an executive session of the Selectmen's Office as soon as possible to discuss this change and get it implemented.

It is not that simple to just say non-residents have Beverly's, now a state property, to launch their boats. So far, observations of the Beverly's boat launch indicate that far more local residents from the local towns, are using the launch than are non-residents, which is good news and a point that I argued last fall at the public hearing on the Beverly's purchase, suggesting that the state purchase of Beverly's was good for everyone. Maybe you were at that meeting. But having non-resident access to the Town of Morris boat launch is a part of this over-all lake access issue because Beverly's could get crowded and some non-residents may prefer to buy the season pass to the town ramp.
My guess is maybe a dozen or so non-residents would ever buy your town launch pass. This would not cause any kind of over-crowding at the town launch and bring in maybe $500 bucks or so. I am a municipal official for the Town of New Fairfield (Ball Pond Advisory Committee and work closely with our Park & Rec and the Candlewoood Lake Authority and, in the past, was a DEEP volunteer with Inland Fisheries) and we sell very few New Fairfield boat launch passes of any kind since right down the road at the Squantz Pond State Park we have a state boat launch ramp for anyone to use and most of our residents just go there. So there is just no way your town benefits in any manner by ignoring the AG by writing a "residents only" Ordinance.

The fact is, this issue is not about access to Beverly's or whether or not a lake has a state boat launch. The issue is the U.S. Constitution and the 1st Amendment's Right to Assemble clause, the entire issue of which was litigated in Leydon v. Greenwich and addressed in the AG's letter to your town which I have enclosed.

As I said above, this is so simple to fix and allows you to avoid a major issue. The thousands of sportsmen and women who were involved in this issue back in 2009 would much rather work with you in implementing this very reasonable solution and spend this summer enjoying our state's largest natural lake.

Thanking you in advance,

George R. Buck
New Fairfield
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#1426376 - 06/28/12 02:03 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
Haven't heard anything back yet. I will wait another week or so until the town calendar shows another Selectmen's meeting and then call again to get a status of what they are thinking.
If they agree to a non-resident offering then I think the issue is resolved, if they push back I send a package over to AAG Massicotte, if she shows no interest and does nothing then the package goes to the current AG with copy to Senator Blumenthal and so on until someone shows some interest.
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#1430456 - 07/17/12 04:38 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
As of this morning I have not heard anything back regarding the package of documents I sent or my email. I forwarded the email back to her again with a note saying that I would appreciate an update on the issue of non-residents and the status of changing the Ordinance. I will give her a week or so to reply and if not I will then call her. Depending upon how that goes and if progress is being made of any kind will depend upon what steps to take next but it is getting close to dumping this back into the lap of the AG again.
More next week.
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#1433273 - 07/31/12 04:48 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
I called the 1st Selectman's office this afternoon and she was in a two day meeting having to do with homeland security. I spoke with her secretary who did not have any info. I wanted confirmation that they received my package of letters and emails, that they received my email dated 7/17/2012 and that they had a plan to do something to modify the new town ordinance to accomodate non-residents.
I asked the secretary to get this message to the 1st Selectman and I would follow up later in the week. An email update would also be helpful. I did mention it was about time to dump this back into the hands of the AG and she mentioned that the new AG, Blumenthal, DEEP Commissioner Esty and other dignitarys were at Bantam Lake recently for a political rally and Ms. Bongiolatti spoke to all of them about the lake. I suggested none of it had to do with the town boat launch and the new ordinance reserving it only for residents but I appreciated the limited update.
Stay tuned. Phone calls and emails are easy to do.
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#1433401 - 08/01/12 01:42 AM Re: Bantam [Re: air leak]
bigtoad Offline

Member

Registered: 01/24/06
Posts: 1952
Thanks for all you do in this matter George!
Matt Hess was not incorrect in speaking highly of you!

Mike

Someday I will get paid to fish, for now I have to work.
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#1433512 - 08/01/12 03:34 PM Re: Bantam [Re: air leak]
OHMYGOD Offline

Member

Registered: 06/23/04
Posts: 20754
Loc: Suffield Ct
I Thank God for You Buck!! applause

So we can just go willey nilley, say we lost the files, DAMM Liers, and Just Change the rules and laws to anything they want!!!!

Aren't they Viololating My (Our) Civil Rights!

I say all boat owners head to the Launch!!!!!!!

And where the Heck is the DEEP on this matter!!!


WAVEWALK DEMO AGENT:
Send me a message if you want to try the W500,W700 and soon the S4.

You can take what you want from life......As long as you give a little Back.
"We never get over the fishing fever, it's a delightful disease and thank the lord there is no cure".
"CTF, is a lure I can not afford to NOT have in my pocket"

Don’t argue with Idiots.. They will bring you down to their level and beat you with experience.

Our freedoms are being choked, big brother's grip is getting tighter.


http://wavewalk.com/Connecticut_Fishing_Kayak_Review_22.html





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#1433555 - 08/01/12 05:42 PM Re: Bantam [Re: air leak]
Buck Offline

Member

Registered: 01/17/03
Posts: 11309
I received an email from the Town of Morris 1st Selectman today and she basically is saying that they are sticking with the residents-only language in the Ordinance and will prevent non-residents from using the town boat launch.
This really is an arrogant and egregious position for the town to take and I hope the AG's office really screws down on them but I have no clue how the new AG will react. I sent it to the Assistant AG who was involved in the past and I am assuming she is still there.
In any case, it can be forwarded to whomever it needs to go to if nothing comes of this first try.
The next step would be to go to AG Jepsen directly and copy Senator Blumenthal and then maybe jump all of them and go directly to David B. Fein, the United States Attorney for the District of Connecticut and have him look at Federal charges with everyone who did nothing being a defendant.
There is even the possibility of a civil lawsuit using Mr. Leydon of Leydon v. Town of Greenwich fame as the plaintiff's lawyer. If I could get something like that on a contingency basis it may be worth the effort.
Anyway, my email to the Assistant AG is on top and the reply by the 1st Selectman is below. Film at eleven!
-------------------------------------------------------------------

Ms. Massicotte, I am not sure if you are still the Assistant Attorney General for Environmental Affairs or if you are still with the AG's office but assuming you are I have attached a string of email correspondence with the 1st Selectman of the Town of Morris. This is the Bantam Lake town boat launch issue that goes back to 2009.
For most of these intervening years the Town of Morris did not have an Ordinance of any kind and though they publicly stated many times that the boat launch was for resident's use only, in contrast to Attorney General Blumenthal's letter of August 11, 2009, the town in fact did not enforce this rule and non-residents could launch their boats at any time.
Recently this past spring the town passed an Ordinance that, among other things, reserved the town launch for residents-only use. Their rationale was the purchase of Beverly's by the Ct. DEEP and that now provided non-resident access. Of course, that is not the issue and many lakes have both state run and town run boat launches that have easy access and availability and Bantam Lake should too.
In any case, this town Ordinance flies in the face of the AG's advice and counsel. So my question is .... what is the AG's office going to do about this. The Ordinance is clearly unconstitutional and egregious. It is rude that so many towns comply with the spirit of the law by opening their public facilities to non-residents and the Town of Morris simply thumbs its nose at the state's top law enforcement officer.
Here in New Fairfield our town beaches on Candlewood Lake are open to the over-flow crowds from Squantz Pond State Park. So how does the Town of Morris disallow me use of their town facilities?
I am asking that you contact Ms. Bongiolatti and suggest she implement my recommendations which are very simple and will have no affect on the Town of Morris.
Again, I am appalled at the blatant disregard of Attorney General Blumenthal's directives by the Town of Morris. I am hoping that Attorney General Jepsen has the same understanding of the Constitution that Senator Blumenthal displayed when he was Attorney General.
Thanking you in advance for your support,

George R. Buck
New Fairfield

-----Forwarded Message-----
>From: Barbara Bongiolatti <1stSelectman@townofmorrisct.org>
>Sent: Aug 1, 2012 9:54 AM
>To: 'George Buck' <georgebuck2@earthlink.net>
>Subject: RE: Town of Morris boat launch
>
>Good morning Mr. Buck: I am in receipt of your telephone message to our office yesterday. The Town meeting has voted in an ordinance pertaining to our Boat Launch, and we are not anticipating making any changes at this time. Barbara Bongiolatti, First Selectman
>


Edited by Buck (08/01/12 05:45 PM)
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