DRAFT
Attendance: First
Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt
Visitors: Attorney
Kevin McSherry, Bruce Loomis, Nancy McCarthy,
The December 10, 2018 meeting of the Board of Selectmen was
called to order at 7:35 p.m. The meeting
was held in the Selectmen’s Conference Room of the Bethany Town Hall. The meeting opened with the pledge of
allegiance.
APPROVAL OF
MINUTES
First Selectwoman Gorski called for a motion of approval for
the minutes of the meeting of November 12, 2018. The motion of approval was moved by Selectman
Donald Shea and seconded by Selectman Clark Hurlburt. There were no changes to the minutes. They were accepted on a unanimous vote.
REGIONAL WATER
AUTHORITY AGREEMENT
LICENSE AGREEMENT
That the South Central
Connecticut Regional Water Authority, a public corporation organized and
existing under the laws of the State of Connecticut (“Licensor”), for the
consideration of one dollar and other valuable consideration received to its
full satisfaction from the Town of Bethany, a municipal corporation organized
under the laws of the State of Connecticut (“Licensee”), does hereby grant unto
the said Licensee a revocable license to use a portion of Licensor’s property
abutting Brooks Road (the “License Area”) to install riprap, an 18” velocity
dissipating plunge pool, and related fill and grading.
The
approximate location and details of the License Area to contain the riprap, an 18”
velocity dissipating plunge pool, and related fill and grading shown as
“Proposed Reconstructed Drainage System With New Outfall (Subject of License
Agreement)” as shown on Attachment A attached hereto and as more
particularly described on the plan entitled “Brooks Rd. Drainage Bethany
Replacement Drainage Outfall, Prepared by DTC, 2321 Whitney Avenue, Suite 301,
Hamden, Connecticut, Project 06-178-106, Sheet 1 of 1, Date: August 30, 2018”
attached hereto as Attachment B.
The
Licensee shall perform all work associated with the riprap, an 18” velocity
dissipating plunge pool, and related fill and grading in a good and workmanlike
manner at its sole cost and expense and shall be responsible for all claims,
damages and activities resulting from actions by Licensee or Licensee’s
authorized agents. During the term of
this License Agreement, the Licensee shall maintain its riprap and plunge pool
and all related structures. The
Licensee, by its acceptance of the benefit of this License Agreement, hereby
agrees to all terms and conditions contained in this License Agreement.
Licensor and
Licensee hereby agree that Licensor shall have no responsibility for the cost
or performance of any maintenance of, repair to, improvements upon or any other
care for the License Area to accommodate Licensee’s use of the License Area.
This License
Agreement is expressly limited to Licensee, its invitees and guests, and is not
transferrable without the written permission of Licensor. Licensee’s use of Licensor’s property shall
be entirely at Licensee’s own risk.
Licensee agrees to indemnify and save Licensor harmless from any and all
losses, claims, causes of action, damages and expenses arising from or by
reason of Licensee’s, its invitees’ and guests’, use of Licensor’s property
which shall include any such use of Licensor’s property before the execution of
this License Agreement.
This
License Agreement shall not be considered to be in perpetuity nor shall this be
considered the grant of an easement or other interest in land to the Licensee.
As such, the Licensor reserves the right to revoke this License Agreement at
its sole discretion and, upon such revocation, the Licensee shall thereupon
within thirty (30) days remove the riprap and plunge pool and restore any disturbed
land to its state prior to the installation of the improvements, reasonable
wear and tear excepted. Licensee’s
obligation to remove the riprap and plunge pool and restore any disturbed land
to the satisfaction of Licensor shall survive termination of this License
Agreement.
Licensee shall
keep in full force and effect a policy or policies of public liability
insurance, insuring the Licensee and Licensor against claims for damages
arising out of or connected with the occupation, use or enjoyment of the Licensor’s
property by the Licensee, its agents, employees, contractors, guests,
participants, and invitees. Such policy
or policies shall be in an amount not less than One million dollars
($1,000,000.00) with respect to any one occurrence, and shall expressly include
the South Central Connecticut Regional Water Authority as an additional named
insured. All liability insurance shall
include a requirement of at least thirty (30) days prior written notice to the
Licensor of cancellation or material modification and shall be fully and
promptly paid by the Licensee. A
certificate of such liability insurance shall be furnished to the Licensor.
TO HAVE AND TO HOLD the above
granted rights, privileges and authority unto the said Licensee, its successors
and assigns, to its and their own proper use and be hoof.
The Selectmen reviewed the
agreement. Selectman Shea moved to
accept the agreement as written.
Selectman Hurlburt seconded the motion.
The vote taken was unanimous.
APPOINTMENT TO PARK AND RECREATION
Selectman Shea moved to appoint
Armond Rivillini Jr. to a term on the Park and Recreation Commission. Selectman Hurlburt seconded the motion. The vote taken was unanimous.
USE OF TOWN SEAL BY SCOUTS
Kristine Sullivan has requested
the use of the Town Seal in the design of a Community Service Patch for Boy
Scouts. The Selectmen discussed the plan
of Kris Sullivan for this patch.
Following discussion the Selectmen all agreed that they did not want the
seal to be modified for this use. They
suggested using the seal as designed, with the award patch to one side of the
seal. Selectman Hurlburt moved to allow
the use of the seal without modification and place the awards patch next to
it. The vote taken was unanimous.
GREEN TEAM PLASTIC WRAP
The Bethany Community School has
formed the Green Team. This team is
trying to collect as many plastic bags and wrap, to be sent to Trex to be
recycled. Depending on the quantity sent,
the school would receive awards such as a park bench recycled from the
bags. They are requesting that the Town
allow them to place containers in the Town Hall. The Selectmen agreed to allow the containers
at Town Hall for collection.
BETHANY ATHLETIC CLUB HOUSE ROOF DAMAGE
The tornado damaged the roof of
the Bethany Athletic Club House. The
estimate for repair was $6,600. The
insurance company will reimburse the Town $1,600. The Selectmen agreed this repair was
necessary and that the Town would pay the balance.
TAX REFUNDS
Selectman Shea moved a motion to
refund to Honda Lease Trust the sum of $151.55, to Michael Guthrie the sum of
$96.53, to Proservices Landscaping LLC the sum of 20.36, to Robert Cyr the sum
of $6.31 and to Toyota Lease Trust the sum of $97.73 all for overpayment of
taxes. Selectman Hurlburt seconded the
motion The vote taken was unanimous.
FIRE HYDRANT PETITION
James Woodward sent a petition to
the Board of Selectmen regarding a fire hydrant on his proposed
sub-division. No action was taken since
this is a Fire Department issue.
CORRESPONDENCE
The Town received correspondence
from the Regional Water Authority regarding the sale of the house, owned by them at 184 Downs Road to be
auctioned June 29, 2019.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
The Selectmen briefly discussed
the concern of the Tree Warden Ray Pantalone, and some residents as to why the
Highway Department had clear cut the lot between the Bethany Athletic Field and
the Amity Gardens. More info was needed
on this matter.
ADJOURNMENT
A motion was moved by Selectman
Hurlburt and seconded by Selectman Shea to adjourn the meeting at 8:00 p.m.
Respectfully
submitted,
June
G. Riley
Secretary,
Board of Selectmen