BOARD OF SELECTMEN

DECEMBER 10, 2018

Page 1 of 3

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