In relation to the news, published on 14 January 2016 on the official website of the Community, that:

• “The company“ IMPRE GAL Srl was the winner of the contract for the ordinary and extraordinary maintenance of the purification plant ”;

• the "work delivery report" was signed to be sent to the Municipality of Trinità d'Agultu, as a formal act of physical delivery of the site of the construction site;

• the start of the works should have already taken place by 20 January this year;

• "The request for payment of the remaining four installments will be staggered according to the progress of the work" ...

January 27th us  we had published a letter,  addressed to the chairman of the Board of Directors to find out “the number of companies invited; the number of companies that, by responding to the invitation, took part in the tender; what were the requisites established for participation and what were the assignment criteria to the company IMPRE GAL Srl ".

As is his custom, the chairman of the board did not deign to answer. The circumstance is serious not only because it contravenes the rules of good manners, but above all for the arrogance and irresponsibility with which it shows to exercise its role, having the specific obligation to give an account to the Participants and to explain the ways in which it operates. and uses the financial resources that have been entrusted to him through the payment of condominium fees. All the more reason this obligation exists if the chairman of the BoD finds himself in a position to chair a body that no longer has the minimum number of members to operate in full powers and, above all, if we consider that  the Community is not entitled either to carry out the works or to be entrusted with the management of the same.

No longer being able to tolerate the president's silence, a typical expression of a distorted and arrogant conception of his office, we have sent the Community a formal request for access to the documents, of which we consider it appropriate to publish ample excerpts below.

At the  Community of the Costa Paradiso Territory

Location Costa Paradiso snc

07038 Trinità d'Agultu and Vignola (OT)

Via <pec comunitacostaparadiso@pec.it>

To the  Municipality of Trinità D'Agultu and Vignola

Via Sassari, 27

07038 Trinità d'Agultu and Vignola (OT)

Via <pecprotocollo.trinitadagultu@legalmail.it>

At the  Extraordinary Administration of the former Province of Olbia Tempio

Via A. Nanni, 17/19

07026 Olbia (OT)

Via pec <protocol@pec.provincia.olbia-tempio.it>

Object:  Tender contract for the execution of ordinary and extraordinary maintenance works of the purification plant of the Community of Costa Paradiso - Application for access to documents.

The undersigned Dr. Ferdinando Mulas, as legal representative  pro tempore  of the Association for the Protection of the Territory of Costa Paradiso-Trinità d'Agultu - ATCP (CF 91010170909), with registered office in Rome

premised

- that ATCP was established in 1991 in order to protect the rights of the owners of Costa Paradiso and to safeguard the territory, naturalistic conservation and the reduction of pollution;

- that, in pursuit of these objectives, with reference to the sewage system and other primary urbanization works of the tourist-residential area called "Costa Paradiso", the ATCP has undertaken a series of actions against various administrations concerned and against the Community of the Costa Paradiso Territory, always challenging the latter for the representativeness of the owners involved, stating in court that the management of an infrastructure of public interest cannot be directly entrusted to private individuals (the Community of Costa Paradiso in fact) with a mere conventional act, and underlining the importance of the general principles, including those of a European nature, on the administrative activity that require compliance with the tender criteria;

- that, more specifically, multiple measures have been challenged before the Regional Administrative Court for Sardinia, namely:

  1.  with appeal RG 1039/2012, filed on 19 December 2012, the ATCP requested cancellation  of the provision 12 September 2012, prot. n. 8593, received on 17 September 2012, with which the Municipality of Trinità d'Agultu e Vignola rejected the request made by the applicants for the acquisition and management by the Municipality of the urbanization works of the Costa Paradiso subdivision plan  and related, prerequisite and consequent acts, as well as to ascertain  the obligation / duty of the Municipality  from  Trinità d'Agultu and Vignola to take over the management of the  primary urbanization works carried out and, finally, to condemn,  pursuant to art. 34 cpa, the Municipality  from  Trinità d'Agultu e Vignola to fulfill the related obligations  and, precisely, to the management, testing and, where necessary, the expansion and strengthening of the sewer system, as well as all the primary urbanization works indicated in Articles 3 and 4, subdivision agreement 1 August 1975 stipulated between the Municipality and Costa Paradiso Società Coop. a rl;

2.  with subsequent additional reasons filed on January 24, 2013,  the ATCP asked ... the cancellation of the determination 25 October 2012, n. 762 of the Province of Olbia Tempio, concerning “Provisional authorization to the Community of Costa Paradiso for the discharge onto the ground of urban wastewater from the purification plant serving the Community of Costa Paradiso”…;

3.  with subsequent additional reasons filed on 19 January 2015, the ATCP ... challenged, asking for its cancellation, the resolution of the Regional Council of the Autonomous Region of Sardinia 12 September 2014, n. 35/9, published in BURAS, 6 November 2014, n. 53, concerning the “Environmental impact assessment procedure (EIA), pursuant to Legislative Decree no. 152/2006, and subsequent amendments, and of the GR Resolution no. 34/33 of 7.8.2012, for the project "Extension and extraordinary maintenance of the purification structures and the existing sewer network", located in the Municipality of Trinità D'Agultu (OT). Proposer: Community of the territory of Costa Paradiso ”,… and the provision of the Municipality of Trinità d'Agultu and Vignola - Urban Planning Area Private Building SUAP Demanio 5 November 2014, prot. n. 10653, with which the Community of the Territory of Costa Paradiso was invited “to immediately activate the executive deeds of the approved project and in any case, within the same term, to provide this body with suitable documentation regarding the existence of the economic funds;

4.  with subsequent additional reasons filed on 21 April 2015, the ATCP ... challenged, asking for its cancellation, the resolution of the Municipal Council of the Municipality of Trinità D'Agultu e Vignola 21 January 2015, n. 5, concerning the Costa Paradiso subdivision plan - directives to the urban planning area manager for the preparation of the work schedule and operational plan for the execution of the extension and extraordinary maintenance of the purification facilities and the existing sewage network…;

5.  with subsequent additional reasons notified on 11 March 2016, the ATCP asked ... the cancellation of the determination of 22 December 2015, n. 580 of the Extraordinary Administration of the former Province of Olbia Tempio, concerning "Provisional authorization to the Community of Costa Paradiso for the discharge on the ground of urban wastewater from the purification plant serving the Community of Costa Paradiso (PTA Sewer scheme no. 68 ) "; asked for the cancellation ... of the acts and measures all not known and presumably adopted by the Community of the Territory of Costa Paradiso, with which the contract for the execution of the ordinary and extraordinary maintenance of the sewage system was entrusted to third parties, as well as the declaration of ineffectiveness of the contract referred to in the provisional authorization specified above,

detected

- that from the contested deed with the last added reasons (the determination of 22 December 2015, no. 580 of the Extraordinary Administration of the former Province of Olbia Tempio) it is learned that the Community itself would have stipulated a "contract for the execution of the works ordinary and extraordinary maintenance of the purification plant ",

- that the state does not know how the "contract" was awarded, and that it is assumed that the rules of the public contracts code have not been respected since, even after research on the internet, it is not known that no announcement or award notice has been published,

considered

- the undoubted interest of the ATCP in knowing the deeds and documents specified below, as they are directly related to the events of the sewage system in question and that in relation to them has raised the findings of illegality in the appeal and in the additional reasons referred to on,

all that being said,

pursuant to art. 22 and following, L 241/1990,

you ask

to be able to access, also by examining and extracting a copy:

- to all documents and deeds relating to the procedure for issuing the provisional authorization pursuant to resolution no. 580 of the Extraordinary Administration of the former Province of Olbia Tempio;

- to all documents and deeds relating to the procedure for awarding the tender contract for the execution of the ordinary and extraordinary maintenance works of the purification plant referred to in the aforementioned determination;

- the tender contract for the execution of the ordinary and extraordinary maintenance works of the purification plant serving the Community of Costa Paradiso.

Pursuant to art. 25, paragraph 2, L 241/1990, we inform you that the interest underlying this application is to protect the reasons of the ATCP, both in administrative and judicial matters.

For the purpose of the communications referred to in art. 7, Presidential Decree 184/2006, the following addresses are indicated:

  pec: massimo.occhiena@pec.occhiena.it fax n. 011 19837191

A copy of the identity document is attached.

Yours sincerely.

With the assistance of Prof. Avv. Massimo Occhiena

  Ferdinando Mulas - President of ATCP