Over the past few years, the Blues, Views & BBQ Festival strayed from its local roots.
Crowds poured in from the tri-state region. They heard great music, ate smokin’ barbecue, and their kids played in bouncy houses and on slides.
The only thing lacking was Westporters. For some reason, it was hard to find our neighbors there.
The event — set for August 31 and September 1 , at the Levitt Pavilion and library parking lot — has been reimagined this year. Founder Bob LeRose returns as a producer. He, Westporters Peter Propp and Crispin Cioe have reached out to local businesses.
They’ve targeted 2 great non-profits — Staples Tuition Grants and Wakeman Town Farm — for a portion of the proceeds.
Though they’ve scrapped the BBQ portion of the event, they’re bringing in top acts like Lawrence, Anders Osborne, Southern Avenue and the Main Squeeze.
“We view the event as Westport’s hometown festival,” Propp says.
This summer, 3 interns helped maintain that hometown feel.
In the spring, Taylor Barr — a 2019 Staples High School graduate who heads to George Washington University soon — joined the team.
He recruited rising seniors Emily Stone and Emma Vannart. The trio worked on social media, strategy and sponsorship sales. They’re now distributing posters and postcards around town.
From left: Taylor Barr, Emma Vannart and Emily Stone.
Propp calls the interns “an unstoppable force.” They helped bring on West, Earth Animal and Greenwich Medical Spa as new sponsors.
“They analyze problems, crack jokes, are thoughtful and smart,” Propp says. “It’s been really fun to get to know them.”
As Blues & Views draws near, more volunteers (of any age) are needed. There’s work to be done before — and of course during — the festival. For more information on the event, click here. To volunteer, email info@bluesviews.com.
What portion of the profits got to the Westport Town Farm and Staples Tuition Grants?
How much do taxpayers pay for clean-up and security?
Since this event takes place on town property, wouldn’t we taxpayers get more benefit if we rented the facilities to these promoters?
Are noise regulations enforced for this event?
In the past this event has placed an onerous burden on Westport residents.
Sure … it’s $15 per. 😁
E. Bruce Borner
2 Hideaway Lane
Westport CT 06880
________________________________
Wait a minute; for years and years we were told with a straight face that this was Westport’s signature event – for Westporters. No one believed it, of course, but those who lived downtown and thus had to endure days and nights of noise, were repeatedly lectured by town officials that they must take one for the team. The thinly veiled inference was that these residents were being selfish. Now not so much?
At this moment, I have three questions about the operation of this taxpayer owned facility:
1. Why is it now being rented to a for-profit enterprise (Blues & Views) when our policy for the use of town owned property expressly states that ALL net proceeds must go to charity?
2. Why is the town STILL in breach of the license agreement it has with the tenant of this facility (the Friends of the Levitt) a year after annoyed downtown residents pointed this out? To wit: there is supposed to be a publicly accountable Levitt Governance Committee which oversees the management of the facility, etc. Nope. No committee.
3. Based on #1 and #2, who the heck is in charge?
I tried to volunteer and it bounced back so please correct the address
Arline, it works. Maybe you cut-and-pasted, and included the final period by mistake?
PROCEDURES FOR USE OF TOWN-OWNED PROPERTY, FACILITIES AND/OR PUBLIC ROADWAYS
Approved and adopted by the Board of Selectmen – Sept. 15, 2010 Revised – June 2017 and January 2018
The Board of Selectmen regulates the use and safety of Town-owned property, facilities and/or public roadways. The following regulations are hereby adopted by the Board of Selectmen with respect to the granting of permission for the use of Town property, facilities, and/or public roadways.
1. The Board of Selectmen, or its designee, may grant permission for use of Town-owned property, facilities and/or public roadways (“Town Property”) to only non-profit organizations or to entities raising funds exclusively for the benefit of non-profit organizations. The Board of Selectmen designates the Parks and Recreation Department the authority to grant permission for the use of Parks and Recreation properties, and designates the Wakeman Town Farm Director the authority to grant permission for the use of the Wakeman Town Farm.
2. It is the Board of Selectmen’s desire to encourage the use of Town Property for private non-profit uses, so long as they do not unduly impinge upon the public’s use of said Town Property.
3. Non-profit organizations, or entities raising funds exclusively for the benefit of non-profit organizations, may submit their application by U.S. mail (Selectman’s Office, Westport Town Hall, 110 Myrtle Avenue, Westport, CT 06880); by e-mail (selectman@westportct.gov), or by fax (203-341-1038). Completed applications will be accepted no more than ten (10) months in advance and no later than ninety (90) days in advance from the proposed scheduled event date. Applications not received in this timeframe may not be approved.
4. The completed application must be accompanied by:
A separate $100 non-refundable fee for processing paperwork, payable to the Town of Westport.
A separate certified check in the amount of $1,000 payable to the Town of Westport that will serve as a security deposit to pay for any damage, defacement, or littering that has occurred on Town Property or any other municipal or private property, including public roadways. The $1,000 security deposit will be returned to the applicant upon the completion of the event if no damage, defacement, or littering has occurred on Town Property or any other municipal or private property, including public roadways.
A LEGIBLE map of the route and/or event set-up (including placement of tents and equipment) on the Town Property.
An ORIGINAL signed and notarized Indemnity and Hold Harmless Agreement (see attached), signed by an authorized signatory of the non-profit or non-profit fundraising entity.
A Certificate of Insurance evidencing the insurance requirements set forth in the Indemnity and Hold Harmless Agreement.
5. Upon review of the completed application, the Selectman’s Office will gather comments from appropriate departments, (i.e., Police, Public Works, Parks & Recreation, Health, etc.) and place the request on the agenda of a meeting of the Board of Selectmen if applicable.
6. If an event has been conducted two consecutive years with the approval of the Board of Selectmen, and if there are no material changes in the route, expected attendance, timing, or other relevant factors as determined by the Selectman’s Office, and if no substantive complaints have been received in prior years about the event, then the event may be approved administratively by the Selectman’s Office. The Selectman’s Office reserves the right to require any application to be submitted to the Board of Selectmen for approval.
7. Generally, unless an exception is deemed warranted, permission will not be granted by the Board of Selectmen for more than one event using Town Property on the same day.
8. Generally, unless an exception is deemed warranted, permission for use of Town Property will only encompass one weekend.
9. Applications for use of Town Property must include dates for set-up and break-down. Generally, unless an exception is
deemed warranted, permission for set-up will be one day in advance of event, with break-down within 24 hours of event’s closure. Modification to the dates approved by the Board of Selectmen for the event and for set-up and break-down required written approval of either the First Selectman or an employee of the Selectman’s Office.
10. Eventparticipants(includingwalkers,racers,andbicyclists)usingTownpublicroadwaysmustyieldtoemergencyvehicles and medical doctors traveling to work, and allow such vehicles to proceed without interference.
11. NoamplifiedsoundshallbeallowedexceptatthestartorfinishlinesofaneventusingTownpublicroadways.
12. WithrespecttouseofTownpublicroadways,onlytemporarydirectionalsignsorchalk-basedpaintmaybeusedtodemarcate event route. The permittee must remove all temporary directional signs promptly after the event.
13. Intheeventthatanorganization(whetherornotitistheapplyingorganization)feelsaggrievedbytheactionoftheBoardof Selectmen, a public hearing by the Board of Selectmen will be provided to any person who desires to be heard.
Town Hall • 110 Myrtle Avenue • Westport, CT 06880 • (203) 341-1111 • Fax (203) 341-1038 E-mail: selectman@ westportct.gov ∙ Website: http://www.westportct.gov
APPLICATION FOR USE OF TOWN-OWNED PROPERTY, FACILITIES AND/OR PUBLIC ROADWAYS
Completed applications must be submitted no later than 90 days in advance of scheduled event. Applications not received 90 days in advance of scheduled event may not be approved.
NAME OF NON-PROFIT ORGANIZATION:
FUNDRAISING ENTITY: (If applicable)
ADDRESS:
CONTACT:
E-MAIL ADDRESS:
NAME OF EVENT:
INDIVIDUAL IN CHARGE ON-SITE ON DAY OF EVENT
# OF PARTICIPANTS: DATE(S) OF EVENT: START DATE AND TIME:
TOWN PROPERTY AND/OR ROAD(s) TO BE USED:
_____________________________________________________________________________ _____________________________________________________________________________
_____________________________________________________________________________
NAME: _________________________________ CELL NUMBER:_______________________
_____________________________________________________________________________ _____________________________________________________________________________
NAME: _________________________________ CELL NUMBER:_______________________
___________________ Admission Charge (IF ANY) ________________________________
_____________________________________________________________________________
_________________________ END DATE AND TIME:______________________________ (including set up) (including breakdown)
_____________________________________________________________________________
**A LEGIBLE MAP OF THE ROUTE AND/OR EVENT SET-UP (INCLUDING PLACEMENT OF TENTS AND EQUIPMENT ON THE TOWN-OWNED
PROPERTY) MUST ACCOMPANY THE APPLICATION.
Please check any of the following that will be brought onto, provided, or used at the event:
Food/Beverages_______ Alcohol _______ Drones _______ Automobiles _______ Tents _______ Bouncy House_______ (Requires professional installation and trained staff on site.)
Third parties providing any of the above are required to sign the Town’s Indemnity/Hold Harmless and provide Insurance. __________________________________________________________________________________________________
BELOW FOR OFFICE USE ONLY:
INSURANCE & INDEMNITY AGREEMENT RECEIVED:
APPROVALS:
DATE
Eileen Lavigne Flug, Assistant Town Attorney
Board of Selectmen/Traffic Authority/BOS Office (BOS Approval Date, if applicable_____________)
Completed
Processing Fee ($100)
Certified Check ($1000)
Certificate of Insurance
Indemnity/Hold Harmless
Map/Route/Set-Up
After Action Report
Certified Check Returned
Approvals/Comments
Date
Chief of Police
Fire Chief
Director of Public Works
Director of Parks and Recreation
Director of Westport/Weston Health District
Westport Library
WESTPORT, CONNECTICUT James S. Marpe
First Selectman
EVENT PERMITTEE
INDEMNITY AND HOLD HARMLESS AGREEMENT (revised March 2018)
This Indemnity and Hold Harmless Agreement (“Agreement”) is made this ______ day of __________, 20___, by __________________________________ (“Indemnitor”) of __________________________________ (address) for the benefit of the Town of Westport, a municipality in the State of Connecticut (“Town”).
WHEREAS, Indemnitor has submitted an application (the “Application”) for the Town’s permission to use athletic facilities, parks, public roads, the Wakeman Town Farm, and/or other Town-owned property (the “Premises”) for the purpose of _______________________________________________________________________________ (the ”Event”) beginning __________________________________________ (earliest start date, including set-up) and ending ___________________________ (latest end date including breakdown and rain date),
OR
WHEREAS, Indemnitor has requested permission to hang a banner (the “Banner”) across Main Street or at Luciano Park or Compo Beach or at ____________________ location on ___________________________ (date(s)),
NOW THEREFORE, in consideration of Indemnitor’s receipt of said permission from the Town, Indemnitor agrees as follows:
1. Permission to use the Premises for the Event or permission to hang the Banner, as the case may be, may be revoked by the Town immediately upon the breach by Indemnitor of any term of this Agreement or any term or condition of the approved Application. This Agreement shall survive any such revocation, and Indemnitor shall remain bound by the terms of this Agreement.
2. Indemnitor shall indemnify, defend and hold harmless the Town and its agents, employees, elected and appointed officials, boards, commissions, committees, volunteers and representatives, to the fullest extent permitted by law, from and against any and all losses, claims, allegations, actions, awards, costs and expenses (including but not limited to, court costs and attorney’s fees), judgments, subrogations and damages of every kind and character which may arise out of or result from, in whole or in part, Indemnitor’s use of the Premises or hanging of the Banner, as the case may be, or from the negligent or willful acts or omissions of the Indemnitor or any of its employees or agents, subcontractors, third parties invited or authorized by the Indemnitor to participate at the Event, and/or anyone else for whose acts Indemnitor may be liable, in connection with the Indemnitor’s use of the Premises or the hanging of the Banner, as the case may be.
3. Indemnitor shall (i) make no improvements or alterations to the Premises without specific prior written approval from the Town’s First Selectman or the Director of Parks and Recreation, (ii) relinquish use of the Premises
Town Hall • 110 Myrtle Avenue • Westport, CT 06880 • (203) 341-1111 • Fax (203) 341-1038 E-mail: selectman@ westportct.gov ∙ Website: http://www.westportct.gov
upon expiration or termination of the Event in the same condition as it was prior to its entrance on the Premises, (iii) remove all litter, trash and other refuse from the Premises following the conclusion of its use, and (iv) use the Premises in strict compliance with the terms and conditions of the approved Application and all policies, procedures and conditions relating to the use of Town-owned properties, and in accordance with all applicable laws, rules, regulations and ordinances of all governmental authorities.
4. Indemnitor shall safeguard all who come upon the Premises and shall protect against any personal injuries and property damage resulting from Indemnitor’s use of the Premises.
5. Indemnitor shall obtain the following insurance coverages from companies with an A.M. Best rating of A- (VII) or better:
a. Commercial General Liability insurance including Products and Completed Operations. Limits shall be at least: Bodily Injury & Property Damage with an occurrence limit of $1,000,000; Personal & Advertising Injury limit of $1,000,000 per occurrence; General Aggregate limit of $2,000,000 (other than Products and Completed Operations) per location; and Products and Completed Operations aggregate limit of $2,000,000.
i. If drones are permitted at, on or above the Premises, this coverage must include drone liability insurance for the limits above.
ii. If children at the Event will be under the care, custody or control of the Indemnitor or any employee, volunteer, or other agent of the Indemnitor or any subcontractor of the Indemnitor, this coverage shall include Abuse and Molestation liability insurance with a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for the actual or threatened abuse or molestation of anyone or any person while in the care, custody or control of any Indemnitor.
iii. If alcoholic beverages will be sold, provided and/or served and either (i) a fee is charged for the Event or (ii) an alcoholic beverage permit is obtained, Liquor Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, unless the Event is scheduled as an exception to the liquor liability exclusion on the Commercial General Liability policy.
iv. If automobiles are an integral part of the Event (car shows, road rallies, touch-a-truck, filming from automobiles, and the like), Automobile insurance in the amount of $1,000,000 each accident combined single limit covering bodily injury and property damage for all owned, hired and non- owned autos.
v. If Indemnitor has employees, Workers Compensation insurance required by statute with Employer’s Liability limits for at least the amounts of liability for bodily injury by accident of $500,000 each accident, bodily injury by disease of $500,000, and $500,000 disease aggregate, including a waiver of subrogation in favor of the Town.
vi. If Indemnitor is renting a Town building, Damage and Rented Premises insurance in the amount of $500,000 per occurrence.
6. Indemnitor
evidencing all insurance policies required by this Agreement, and all such Certificate(s) of Insurance, shall:
shall provide the Town with Certificate(s) of Insurance on Acord 25 (2016/03) or later edition
a. Name the “Town of Westport” as an additional insured and include ISO Form CG 2010 (04/13) and CG 2037 (04/13) or equivalent (except that this is not required for Workers Compensation insurance), and
b. Be provided on an occurrence basis and will be primary and shall not contribute in any way to any insurance or self-insured retention carried by the Town, and
c. Contain a waiver of subrogation in favor of the Town, and
d. Contain a broad form contractual liability endorsement or wording within the policy form to comply
with the hold harmless and indemnity obligations of Indemnitor under this Agreement, and
e. Declare all deductible and self-insured retentions, and all such deductibles and self-insured retentions are subject to the approval of the Town.
f. Show that policies are in effect for all of the days of the Event; otherwise a renewal certificate is required.
g. Require notice of cancellation to the Town according to policy provisions.
7. If a high risk third party, as determined by the Town, (e.g., tent provider, bouncy house provider, valet parking service, fireworks provider) will be authorized to participate at the Event, the third party shall execute and deliver a separate Indemnity and Hold Harmless Agreement and provide the insurance coverages required hereby.
8. This Agreement and the Town’s permission to use the Premises or hang the Banner, as the case may be, shall not be assigned by Indemnitor without the prior written approval of the Town’s First Selectman, the Director of Parks and Recreation, or the Farm Director.
9. This Agreement and the Application and the Town’s policies and procedures supersede any and all prior agreements and understandings with the Indemnitor regarding the subject matter of this Agreement. This Agreement shall be governed and interpreted in accordance with the laws of the State of Connecticut. No provision of this Agreement shall be deemed waived by the Town unless the waiver is in writing and signed by the Town’s First Selectman or the Director of Parks and Recreation. Any provision of this Agreement that is deemed unenforceable by a court of competent jurisdiction shall be deemed amended and construed to have a valid meaning that is the most protective to the Town, and if no such validating construction is possible shall be severed from this Agreement, and the enforceability of the remaining provisions shall not be impaired thereby.
This Agreement shall be binding on Indemnitor and its heirs, executors, administrators, successors and assigns and shall inure to the benefit of the Town of Westport and its agents, employees, elected and appointed officials, boards, commissions, committees, volunteers, representatives and assigns.
WITNESS
____________________________________ Print Name:
Print Address:
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
INDEMNITOR
____________________________________
Print Name of Indemnitor (the entity holding the Event)
By__________________________________ Print Name:
Print Title:
Westport, Connecticut, _______________20_______
Personally appeared __________________________________________signer(s) and sealer of the forgoing instrument, and acknowledged before me the same to be his/her/their free act and deed, and acknowledged before me that he or she is authorized to execute this agreement on behalf of Indemnitor and to bind Indemnitor to its terms and that he or she holds the title with Indemnitor that is written below his or her name above.
________________________________________ Notary Public
Print Name:
Print Address:
My Commission Expires: ____________________ Commissioner of the Superior Court
WESTPORT, CONNECTICUT James S. Marpe
First Selectman
THIRD PARTY PROVIDER INDEMNITY AND HOLD HARMLESS AGREEMENT FOR EVENTS ON TOWN PROPERTY
(revised March 2018)
This Indemnity and Hold Harmless Agreement (“Agreement”) is made this ______ day of __________, 20___, by __________________________________ (“Indemnitor”) of __________________________________ (address) for the benefit of the Town of Westport, a municipality in the State of Connecticut (“Town”).
WHEREAS, the Indemnitor has been engaged to provide goods and/or services at or on athletic facilities, parks, public roads, the Wakeman Town Farm, and/or other Town-owned property (the “Premises”) for the purpose of _______________________________________________________________________________ (the ”Event”) beginning __________________________________________ (earliest start date, including set-up) and ending ___________________________ (latest end date including breakdown and rain date); and
WHEREAS, the Indemnitor has been so engaged by an individual or entity (the “Permittee”) holding a permit (the “Permit”) issued by the Town to use the Premises for the Event; and
WHEREAS, the Indemnitor is required to indemnify and hold harmless the Town and provide insurance protecting the Town, as a condition to the Town’s issuing such Permit to the Permittee;
NOW THEREFORE, in consideration the Town’s issuing the Permit to the Permittee that allows the Indemnitor to provide goods and services on the Premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Indemnitor, the Indemnitor agrees as follows:
1. The Indemnitor understands and agrees that the Permit issued to the Permittee to use the Premises for the Event may be revoked by the Town immediately upon the breach by the Permittee and/or the Indemnitor of any term of this Agreement or any term or condition of the Permit. This Agreement shall survive any such revocation, and the Indemnitor shall remain bound by the terms of this Agreement.
2. The Indemnitor shall indemnify, defend and hold harmless the Town and its agents, employees, elected and appointed officials, boards, commissions, committees, volunteers and representatives, to the fullest extent permitted by law, from and against any and all losses, claims, allegations, actions, awards, costs and expenses (including but not limited to, court costs and attorney’s fees), judgments, subrogations and damages of every kind and character which may arise out of or result from, in whole or in part, the Indemnitor’s provision of goods and/or services and all other activities in or on the Premises or from the negligent or willful acts or omissions of the Indemnitor or any of its employees or agents, subcontractors, third parties invited or authorized by the Indemnitor to participate at the Event, and/or anyone else for whose acts the Indemnitor may be liable, in connection with the Indemnitor’s provision of goods and/or services and all other activities at or on the Premises.
Town Hall • 110 Myrtle Avenue • Westport, CT 06880 • (203) 341-1111 • Fax (203) 341-1038 E-mail: selectman@ westportct.gov ∙ Website: http://www.westportct.gov
3. The Indemnitor shall (i) make no improvements or alterations to the Premises without specific prior written approval from the Town’s First Selectman or the Director of Parks and Recreation, (ii) relinquish use of the Premises upon expiration or termination of the Event in the same condition as it was prior to its entrance on the Premises, (iii) remove all litter, trash and other refuse from the Premises following the conclusion of its use, and (iv) provide goods and/or services at or on the Premises in strict compliance with the terms and conditions of the approved Application and all policies, procedures and conditions relating to the use of Town-owned properties, and in accordance with all applicable laws, rules, regulations and ordinances of all governmental authorities.
4. The Indemnitor shall safeguard all who come upon the Premises and shall protect against any personal injuries and property damage resulting from the Indemnitor’s use of the Premises.
5. The Indemnitor shall obtain the following insurance coverages from companies with an A.M. Best rating of A- (VII) or better:
a. Commercial General Liability insurance including Products and Completed Operations. Limits shall be at least: Bodily Injury & Property Damage with an occurrence limit of $1,000,000; Personal & Advertising Injury limit of $1,000,000 per occurrence; General Aggregate limit of $2,000,000 (other than Products and Completed Operations) per location; and Products and Completed Operations aggregate limit of $2,000,000.
i. If the Indemnitor provides drones at the Event, this coverage must include drone liability insurance for the limits above.
ii. If children at the Event will be under the care, custody or control of the Indemnitor or any employee, volunteer, or other agent of the Indemnitor or any subcontractor of the Indemnitor, this coverage shall include Abuse and Molestation liability insurance with a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for the actual or threatened abuse or molestation of anyone or any person while in the care, custody or control of any Indemnitor.
iii. If alcoholic beverages will be sold, provided and/or served and either (i) a fee is charged for the Event or (ii) an alcoholic beverage permit is obtained, Liquor Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, unless the Event is scheduled as an exception to the liquor liability exclusion on the Commercial General Liability policy.
iv. If automobiles provided by the Indemnitor are an integral part of the Event (car shows, road rallies, touch-a-truck, filming from automobiles, and the like), Automobile insurance in the amount of $1,000,000 each accident combined single limit covering bodily injury and property damage for all owned, hired and non-owned autos.
v. If the Indemnitor has employees, Workers Compensation insurance required by statute with Employer’s Liability limits for at least the amounts of liability for bodily injury by accident of $500,000 each accident, bodily injury by disease of $500,000, and $500,000 disease aggregate, including a waiver of subrogation in favor of the Town.
vi. If the Indemnitor is renting a Town building, Damage and Rented Premises insurance in the amount of $500,000 per occurrence.
6. The Indemnitor shall provide the Town with Certificate(s) of Insurance on Acord 25 (2016/03) or later edition evidencing all insurance policies required by this Agreement, and all such Certificate(s) of Insurance, shall:
a. Name the “Town of Westport” as an additional insured and include ISO Form CG 2010 (04/13) and CG 2037 (04/13) or equivalent (except that this is not required for Workers Compensation insurance), and
b. Be provided on an occurrence basis and will be primary and shall not contribute in any way to any insurance or self-insured retention carried by the Town, and
c. Contain a waiver of subrogation in favor of the Town, and
d. Contain a broad form contractual liability endorsement or wording within the policy form to comply with the hold harmless and indemnity obligations of the Indemnitor under this Agreement, and
e. Declare all deductible and self-insured retentions, and all such deductibles and self-insured retentions are subject to the approval of the Town.
f. Show that policies are in effect for all of the days of the Event; otherwise a renewal certificate is required.
g. Require notice of cancellation to the Town according to policy provisions.
7. This Agreement and the Town’s permission for the Indemnitor to provide goods and/or services at or on the Premises shall not be assigned by the Indemnitor without the prior written approval of the Town’s First Selectman, the Director of Parks and Recreation, or the Farm Director.
8. This Agreement and the Application and the Town’s policies and procedures supersede any and all prior agreements and understandings with the Indemnitor regarding the subject matter of this Agreement. This Agreement shall be governed and interpreted in accordance with the laws of the State of Connecticut. No provision of this Agreement shall be deemed waived by the Town unless the waiver is in writing and signed by the Town’s First Selectman or the Director of Parks and Recreation. Any provision of this Agreement that is deemed unenforceable by a court of competent jurisdiction shall be deemed amended and construed to have a valid meaning that is the most protective to the Town, and if no such validating construction is possible shall be severed from this Agreement, and the enforceability of the remaining provisions shall not be impaired thereby.
This Agreement shall be binding on the Indemnitor and its heirs, executors, administrators, successors and assigns and shall inure to the benefit of the Town of Westport and its agents, employees, elected and appointed officials, boards, commissions, committees, volunteers, representatives and assigns.
WITNESS
____________________________________ Print Name:
Print Address:
STATE OF CONNECTICUT )
) ss:
COUNTY OF FAIRFIELD )
INDEMNITOR
____________________________________
Print Name of Indemnitor (the Third Party Provider)
By__________________________________ Print Name:
Print Title:
Westport, Connecticut, _______________20_______
Personally appeared __________________________________________signer(s) and sealer of the foregoing instrument, and acknowledged before me the same to be his/her/their free act and deed, and acknowledged before me that he or she is authorized to execute this agreement on behalf of the Indemnitor and to bind the Indemnitor to its terms and that he or she holds the title with the Indemnitor that is written below his or her name above.
________________________________________ Notary Public
Print Name:
Print Address:
My Commission Expires: ____________________ Commissioner of the Superior Court
This event is clearly illegal based on town regulations. What gives?
I was at the Board of Selectmen meeting when this illegal use of town owned property was on the agenda.The three Selectman clearly had no idea going in that the applicant was a for-profit. But they were quickly disabused after pointed questions from the public revealed the unfortunate truth. People in the audience started whispering to each other. More inconvenient questions were asked by the public. The applicants were clearly freaking out and their tortured answers only made things worse. It was getting awkward. Finally, the Selectmen had heard enough. They unanimously approved the application.
I don’t understand.
Do we abide by our regulations or do we ignore them?
We abide by our regulations – as long as they’re not in conflict with our plans. For instance, if we have 5,000 yards of dirty fill from the Senior Center expansion project that’s contaminated with DDT, arsenic and asbestos and we need a place to park it, well, regulations not so much. We’re just going to dump it in Barons South Park. In broad daylight. Sure, it’s patently illegal but, when caught red handed, we’ll just call it “temporary” and mumble some other official sounding stuff. The public will eventually forget. You’ll see.
This is not good
Interesting discussion. Just a couple of thoughts.
I would imagine the Board of Selectmen have the generic authority to do do all sorts of things that they believe to be in the best interest of the Town for whatever reason. From the regulations quoted, it appears that they came up with the regulations so presumably they have the ability to amend them or make exceptions to them if they deem appropriate.
Public hearing held, decision made. Nothing particularly illegal or untoward here. Let’s face it, there is no chance everyone in Westport would agree on pretty much anything, even the color of the sky. Time to move on.
I suppose if you feel otherwise, you could always take it to court for TRO and/or injunction. Unless there is something else in the Town Charter or ordinances that precludes this action (I haven’t looked, so have no clue), probably a loser, which is why I assume no one has gone that route.
If you feel strongly about this issue, and it’s not already codified in a way the Selectmen can’t overrule it, perhaps you should pursue ordinance or charter changes to preclude the Selectmen’s exercise of judgment in similar situations.
The trouble is that this casual lawlessness is a bit more common in our local government than many realize. For instance, the Westport Historic District Commission, of all things, flagrantly abused its authority over residents of Local Historic Districts until just last month when it finally voted to abide by its regulations. But it took concerned citizens 14 months of aggressive public shaming to bring it to heel. In that time we had to endure catcalls, insults and even intimation. With respect to the Levitt, the Administration isn’t going to be able to run forever from all the problems with that facility which the Town Auditor has now discovered. The issue will eventually be addressed appropriately – after other options are exhausted, of course. The larger problem is an administrative culture which, in some ways, considers residents to be the enemy. I’m not sure how that can be addressed.
I don’t have a view on this particular issue. However, my simple point iis that there is a difference between “lawlessness”, as you cite, and “decisions we don’t agree with”.
If this is, indeed, a matter of lawlessness, a quick trip to the court should deal with that rather quickly and probably not expensively. Probably could even get a sympathetic attorney to draft up a couple of page complaint pro bono.
On the surface, however, this appears to be the latter – simply a decision you don’t agree with. Which is fine. Reasonable people can disagree on a lot of things.
I do appreciate your view about “administrative culture” but the flip side is that you may just have folks that believe they are making balanced decisions in the interests of collective good but are immediately attacked by one interest group or another with attribution of bad motives rather than simply a different point of view. Of course, they may indeed have evil or self serving motives, but that doesn’t seem to generally be the case with Westport government.
I’m all for holding elected officials and government responsible but conflating lawlessness with disagreements is not helpful for thoughtful discussion on either the Blues issue or any other issue at the local, state, or national level.
Citizens have to file lawsuits to get elected officials to abide by town regulations?
The decision I don’t agree with is that town property is being used for private profit… contrary to clearly stated town regulations.
Yes, if you think they are continuing to flagrantly violate the law notwithstanding your complaints. I imagine they believe they were acting within their authority as I noted before. That seems correct to me based on what little I know (which I admitted has limitations). If you disagree, courts are the only remedy.
I understand your “simple point”.
And if you were right, I would agree with it.
Very much agree with Mr Boyd and Mr Liepolt. We ought to be able to rely upon our elected ( Bd of Selectman & RTM) officials and appointed Commissioners to enforce the rules they enact. Boyd & Liepolt point out a problem and Mr Strittmatter says they can always bear the expense of a law suit! Really? What’s 2nd prize? Instead, why not a simple statement from the Town explaining where Boyd and Liepolt went wrong?
Bob – you might be right. Upon further reflection, going to court may not be necessary. I would imagine a letter from either Morley, Werner and/or others to the Board of Selectmen and the Town Attorney (and maybe the RTM) accusing the Board of Selectmen of violating the law and/or general lawlessness and demanding the Town Attorney file a lawsuit enjoining them (or be named in whatever lawsuit is subsequently filed) would probably trigger a response and explanation on this matter. I’d offer to pay the postage but Morley is close enough to Town Hall that he can just walk it over.
Doubtful they will respond via Dan’s blog though as getting into public internet spats is generally unbecoming for public officials. Just look at the well deserved abuse heaped on the Orange One for his Twitter spats with folks. But, you never know.
According to the for-profit promoters of this event they have profited (illegally?) from Westport every year since 2008.
As a taxpayer I would respectfully like to have a complete audit of what is due to Westport taxpayers based on the regulations of the use of town for the past eleven years.
Town property
Hmm, if you were right, it would be a slam dunk if you took them to court. I’m not a lawyer but I’m guessing your position would come out on the short end of that one. I’m also guessing you (or Warner) won’t try finding out despite their “lawlessness”. My money is on me being right. Yours, presumably, on you. I guess we just disagree.
In the immortal words of Ringo Starr, “peace and love”.
But in this Orwellian world where “non-profit” really could mean, “profit’” Ringo probably meant something else entirely.
Ringo also said, “You know it don’t come easy.”
And since it’s a for profit promotion group who used academic interns and is now calling for more, the failure to follow published regulations on the part of the selectmen could have Westport breaching federal regulations (see the regulations regarding interns. https://www.dol.gov/whd/regs/compliance/whdfs71.pdf)
And that’s really singing the blues!
Below are the 7/10/2019 BOS meeting minutes concerning the application by 2nd Line Productions, LLC for the 2019 Blues and Views festival:
“2. Peter Propp and Bob LeRose, representing 2nd Life [sic] Productions presented Item #2. Mr. Propp and Mr. LeRose explained that the production company will work with all the relevant Town departments to insure that proper safety and protocols were in place during the event. Further, they indicated that Staples Tuition Grants Program and the Wakeman Town Farm would be donation recipients. They stated that the event would be slightly scaled down from previous Blues, Views and BBQ programs, and that
they were only utilizing the Upper Library Parking Lot for the activities. Residents Morley Boyd, John Suggs and Lawrence Tirreno expressed concern about the organization of the event as well as the sound
that occurred during Levitt Pavilion events. The organizers agreed that they would provide financials after the event, and that during the event, the end times for the acts will be enforced.”
Let’s hear it for lazy action minutes. These betray only the faintest whiff of what actually happened – or the substance of what was discussed. As an aside, the applicant had to be told by a member of the audience that the “stop time” was not 11:00 pm as he asserted but rather 9:00 pm (9:30 on Sat). Since no one from the town is presently in charge of this facility, no had informed him of the actual conditions of approval which govern those stop times. He seemed quite surprised.
Is 2nd Line licensed to solicit funds for charities?
2nd Line is a 501(c) that came to life just shortly before that BoS meeting.